Staff recommends denying variance requests for Depot Street duplexes in Fair Oaks

At the Board of Zoning Appeals meeting on Sept. 18, 2025, planning staff recommended denial of three variance applications that would allow duplexes on Depot Street lots in the Fair Oaks Subdivision Section 2.

The applications seek relief from Shelbyville Municipal Zoning Ordinance Article 5, Section 5.4.2(c), which sets bulk standards for duplexes in the R-3 (medium-density residential) zoning district. Mr. Martin, planning staff, said the lots are roughly 6,967 square feet each and the R-3 district requires a minimum 15,000-square-foot lot to construct a duplex. "It doesn't meet 6 of the 10 criteria for a variance," Mr. Martin said, and for that reason staff recommends denial.

Why it matters: granting variances for these lots could create precedent for similar undersized parcels across other R-3 areas, planning staff said, and the applications also lack existing utility infrastructure needed to serve two dwelling units. Planning staff told the board that Shelbyville Power records list addresses that suggest duplexes but that separate meters and other infrastructure are not installed; Justin Solon confirmed the records showing the assigned addresses but not installed service. In addition, some parcels are part of an unrecorded later subdivision even though the original subdivision was recorded in 1937.

In presenting the consolidated cases, Mr. Martin said the three applications have minor differences but share the same ownership (DCC Strategic Village and Partners LLC) and the same basic requested relief. Staff explained that physical constraints and the zoning code's minimum-lot requirement are the basis for denial. Staff also identified alternatives: combine adjacent parcels to reach the required lot size or consider building a detached accessory dwelling unit (a residential accessory dwelling) on a parcel that meets single-family standards.

The applicant and their representatives were noted in the record: DCC Strategic Village and Partners LLC is the property owner; Mr. Martin said he had discussed the situation with Stacy Roach of Pearl Construction. The board did not vote on the consolidated presentations during the portion of the meeting in the transcript; Martin asked that, "when it comes to the vote, if everyone can vote them individually," indicating the board planned to consider individual motions for each application if and when motions are made.

The record reflects the staff recommendation to deny the variances due to noncompliance with variance criteria, lack of necessary infrastructure to serve duplexes as proposed, and the availability of alternatives (lot combination or detached accessory dwelling). No formal approval or denial vote on these items appears in the transcript excerpt provided.

Upcoming steps: the board indicated it would vote on each application individually when motions are made later in the meeting process; the transcript excerpt ends before an individual motion or formal action on the three Depot Street applications.