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BZA tables River Queen parking-lot variance after license and ownership questions emerge
Summary
The board tabled application 24 UV 04, a request by Historic Elkhart River Queen, Inc. to demolish two houses on Bowers Court for a parking lot, after testimony revealed the property owner had given notice that the group's license to use adjacent parking would not be renewed and questions about property sale and licensing remained unresolved.
The Elkhart Board of Zoning Appeals voted to table application 24 UV 04 on March 14, 2024. The petition asked to demolish 106 and 108 Bowers Court to create an off-street parking lot to serve the Historic Elkhart River Queen, a nonprofit that operates the River Queen tour boat.
Applicant presentation and aims: Tom Schauff, president of Historic Elkhart River Queen, Inc., described the River Queen as a long-running local attraction and said donors purchased multiple nearby houses to donate to the organization. He said the organization needs nearby parking to reduce golf-cart shuttling across busy streets, improve safety, and provide accessible handicap parking for patrons. Schauff said the planned lot could accommodate up to 50 cars, with a realistic average of 25 for events, and that permeable pavers were proposed to address drainage.
Public testimony and opposition: Several neighbors and property owners opposed the plan. Edward Smoker (represented by attorney Amber Bressler) objected, saying the proposed demolition and lot would harm property values and neighborhood character; Bressler argued the petitioner had not met the legal burden for a use variance and that the board should deny the petition. Other neighbors described traffic congestion, safety concerns, loss of rental housing, and a short notice period for mailed comments. Speakers cited golf-cart traffic, children playing in yards, and prior arrangements to use alternative parking. Multiple residents said Mr. Smoker had notified the River Queen that a license to use 110 Bowers Court would not be renewed, and his attorney submitted the notice into the record.
Staff report and rationale for tabling: Planning staff reported the petitioners own two lots and proposed to raise structures and build a parking area; the design remained conceptual and would require technical review. Staff noted a prior abandoned plan for permeable pavers elsewhere due to cost. Importantly, staff confirmed receipt of a letter and documentation that Mr. Smoker's trust had notified the River Queen that the license allowing parking at 110 Bowers Court would terminate. Staff said that if no license or ownership were in place, the need for the variance could be moot. Given the open questions about the license, ownership, and an ongoing negotiation over purchase, staff recommended resolving those issues before the board acted.
Board action and outcome: The board voted to table the petition for one month to the next meeting (set for April 11, 2024) to allow parties to pursue negotiations or clarify property and license status. Roll call recorded affirmative votes to table.
Ending: The variance remains unresolved pending further documentation about property ownership or a new license agreement; the board set the matter for the April hearing so the parties can report progress on purchase or license negotiations.
