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BZA approves larger accessory structure, reduces setback for Rumshire property with conditions
Summary
The Board granted variances to allow a taller, larger accessory structure and a reduced south side setback at 145 S. 775 E., with the petitioner agreeing to limit accessory footprint to 3,000 sq ft and to address drainage and construction protections for neighbors.
The Board of Zoning Appeals approved three development-standards variances on Sept. 15 that let the owner of 145 South 775 East build an accessory structure closer to the side property line, larger than the existing primary residence, and taller than the main house. Planning staff had recommended denial, saying the requests did not meet the ordinance’s “unnecessary hardship” standard and were effectively self-created because the driveway, septic and “finger system” could be reconfigured. The property is zoned agricultural (AG), where an AG-to-AG buffer yard normally requires a 40-foot side yard setback. Petitioner Thomas Rumshire, represented by Mike Andreoli, explained the old barn sits on the far south property line and argued the driveway location, on-site drainage swale and existing septic layout make relocating access or moving the structure impractical. Andreoli confirmed the petitioner will reduce the proposed accessory structure from the originally proposed 3,700 square feet to 3,000 square feet and will obtain required drainage permits; the contractor present described a plan to install drainage tiles and a silt fence along the south property line during construction. Board members said they found the existing, nonconforming barn footprint and local site constraints persuasive. One member noted that a one-story ranch primary residence can make it difficult to keep an accessory building lower than the home and that agricultural properties commonly need larger outbuildings for equipment. The board approved: (1) a variance reducing the required south side setback to allow the structure to sit roughly 8 feet from the property line; (2) a variance permitting accessory square footage to exceed the primary residence’s area, subject to the petitioner limiting the accessory building to 3,000 square feet; and (3) a variance allowing the accessory structure’s height to exceed the primary residence height. Votes on the three motions were unanimous. Members asked that the petitioner coordinate drainage work and protect neighboring properties during construction.
