Indianapolis family settles backyard patio dispute, avoids huge penalty

The Pecks agreed to pay $2,000 in fines for not getting the required permits, and they also agreed to make slight adjustments to the patio.

INDIANAPOLIS — A six-and-a-half-year legal battle over a backyard patio in Indianapolis has come to an end, and the family at the center of the controversy says they are pleased with the result.

“We’re excited to just be done,” Kim Peck said. “We’re excited to be finished with the process and that this day has finally arrived.”

It’s been more than 2,300 days since Peck and her husband, Ray, have been at odds with the city of Indianapolis.

It all started when the couple renovated their backyard patio in 2017. During the project, a neighbor complained to the Department of Business and Neighborhood Services, claiming the renovated patio lacked proper permits and sat too close to the property line. City inspectors visited the Peck’s home a few days later.

“Next thing we know, we had an inspector show up,” Kim recalled. “We asked, ‘Do we need any permits? Is there any violation?’ He says, ‘No, everything looks great. Keep going.’ So we thought we were fine.”

But the Pecks say six weeks after they finished the renovation, a city inspector returned with three stop work orders, citing the Pecks for failing to get the permits they needed.

Years of litigation and court hearings followed. A magistrate in Marion County Superior Court ruled against the Pecks late last year, saying they did not obtain the required permits.

The magistrate also said city inspectors can enforce a little-known rule in Indianapolis zoning code. That rule says if any part of a porch, deck or patio is more than 18 inches in height, it’s considered a “minor residential structure” that requires a permit and is subject to other stringent zoning rules.

“All we did was rebuild our patio on our own property, and here we are six years later,” Ray told 13 Investigates earlier this year. “This has been a disaster for our family.”

When 13News first reported on this dispute six months ago, the Pecks and the city were nowhere near a resolution. The Indianapolis family faced the possibility of hundreds of thousands of dollars in fines and being forced to tear out their backyard patio.

But after the news story aired, Indianapolis DBNS sent another inspector to the Peck’s backyard, and the two sides reached an agreement.

The Pecks agreed to pay $2,000 in fines for not getting the required permits, and they also agreed to make slight adjustments to the patio.

Where the structure is more than 18 inches off the ground, the city required the Pecks to move the patio back two feet away from their neighbor’s property line. The Pecks also adjusted the cinder block walls around the patio to allow spaces between some of the blocks. By doing so, the walls are instead defined as fences under city code. A wall is subject to strict building and zoning rules. A fence is not.

“It really doesn’t look much different than before,” Ray told 13News this fall. “We’ve got 98% of our patio still. This is what (the city) wanted. And the good news is, it’s done.”

But the Pecks’ neighbor, who originally complained about the patio, is not thrilled about the resolution. Following the new renovations that had been agreed to by the Pecks and the city, the neighbor’s attorney sent a letter to the DBNS to express concerns about the construction modifications.

According to the letter, the patio is still a few inches too close to the property line, some gravel and an electrical box extend over the property line, some of the stone railings on the patio are not tall enough, and the recent changes direct rainwater into the neighbor’s yard.

Following a recent inspection, DBNS communications officer Kurt Christian told 13 Investigates, “The property is in compliance with the terms of the agreed judgment,” and he confirmed the city now considers the patio case to be resolved and closed.

“Are we going to go out and fight it? No. And we’ve tried not to do that from the beginning,” said Terry Monday, the attorney who represents the Peck’s next door neighbor. “I don’t think he complied with what he agreed to do with the city. There are still encroachment issues. We’d prefer to live with them than fight with (Ray) Peck.”

The dispute has come at quite a cost for the Pecks. Despite $2,000 in fines, $11,000 in additional remodeling, and tens of thousands of dollars in legal bills, the Pecks say not backing down was worth it.

“We stood our ground,” Ray said. “This was wrong. Every single person you speak with at the business and neighborhood services tells you something different. They don’t even know what you need a permit for.”

13 Investigates did ask the city to clarify when a permit is needed for a deck or patio and when a permit is not needed, but a DBNS spokeswoman provided little clarity.

“Unfortunately, there’s not a clear ‘this or that’ answer … It just depends a little bit on the type of improvement that’s proposed,” DBNS deputy director Amy Wunder told 13News last spring.

So what’s a homeowner supposed to do?

“Make sure you have something in writing from the city,” advised Peter Kovacs, an attorney who specializes in laws affecting homeowners. “The lesson here is to submit detailed plans to the city, and let them make a determination in writing before you proceed, especially if the project is expensive.”

As for the Pecks, they say the long legal battle has left them with a lasting takeaway.

“Me personally, I don’t plan on doing any building projects on our property for a long time,” Kim said. “This has been an ordeal I don’t want to go through again any time soon.”

The Department of Business and Neighborhood Services posts permitting information and a Homeowner’s Building Permit Guide on its website. While those resources are unlikely to answer all of the specific questions homeowners might have when building or renovating a deck or patio, they do include general information, as well as contact information to reach DBNS staff.

For questions about residential permits, Indianapolis residents can contact 317-327-8700 or permitquestions@indy.gov.