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Developer seeks relief from sidewalk rule for Erin Court lot; petition continued after public comment and staff opposition

July 25, 2025 | Bloomington City, Monroe County, Indiana


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Developer seeks relief from sidewalk rule for Erin Court lot; petition continued after public comment and staff opposition
Value Built Inc. asked the Board of Zoning Appeals for a determinant-sidewalk variance for a proposed single-family house at 1017 East Erin Court, but staff recommended denial and the petitioner then requested a continuance; the board granted the continuance unanimously.

Development Services Manager Eric Kralik told the board the Transportation Plan requires a 7-foot sidewalk and an 8-foot tree plot along Azalea Drive but the existing frontage currently has a 4-foot sidewalk and 5-foot tree plot. Engineering inspection found many panels out of ADA-compliant cross-slope tolerance and would require replacement. Kralik said staff could not make the UDO’s third-criteria finding that a strict application of the code creates a peculiar practical difficulty; the property presented no topographic or infrastructure constraints that would prevent a compliant sidewalk.

Ernest (last name not specified in the record), representing Value Built, said the required full replacement is roughly a $20,000 cost that reduces thin profit margins on the small, workforce-style homes his firm builds and could render the lot infeasible for a spec house priced near the firm’s target market. "That kind of stopped us in our tracks," Ernest said, describing the project economics.

Two neighborhood residents, Stuart Smiley and Jennifer Lentz, spoke in favor of the petitioner, telling the board that a 7-foot sidewalk and 8-foot tree plot would look out of scale with surrounding sidewalks and that the Aaron Court connection would be unused. Smiley said he cycles the block daily and that the existing sidewalks on the block are in mixed condition.

After discussion the petitioner asked to continue the petition to allow time to submit revisions and to consider requesting relief for the Aaron Court frontage as well. The board voted to continue the case; roll call was Ballard — yes; Burrell — yes; Fernandez — yes; Kacinko — yes; Throckmorton — yes. The petitioner may return at a future meeting with updated plans or an amended variance request.

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Scribe from Workplace AI
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