Board approves side‑setback variance for deck at 3280 Francis Lane after neighbor church comment

The Kokomo City Zoning Appeals Board granted a variance to allow a deck and privacy fence that encroach 32.5 inches into the side-yard setback at 3280 Francis Lane. Petitioner Greg Davis said the variance was needed to avoid placing a fence post in the middle of a bedroom window and submitted correspondence from Duke Energy confirming the project would not interfere with metering equipment.

Davis read his petitioner’s findings, saying the deck and fence “does not extend to any other personal or community property” and that Duke Energy reviewed the project on March 26, 2025 and determined it “would not adversely affect their operations or access to the metering structure.” Staff recommended approval, finding the deck and fence would not create safety hazards, block sight lines or encroach on recorded easements.

Pastor Wendell Brown of Fresh East Greens Church and other church representatives attended and voiced concern about proximity to church property and creating a precedent for future encroachments. Pastor Brown said he wanted a clear record that he had raised concerns about future development and potential impacts on church activities; he was told anyone requesting similar relief would have to return to the board and neighbors would be notified.

Board members asked about distances, easements and whether the deck would affect tree lines or parking; the petitioner and staff showed site diagrams and said the deck would be roughly 12 feet from the back of the house and that a 44-foot easement separates the properties so the church would remain about 75 to 80 feet away. The motion to approve case P12-V-25 passed by voice vote; the board recorded the petitioner’s and staff’s findings in the record.

Less-critical details: petitioner provided photographs and site plans, and staff noted the deck project would increase the value of the subject property and would be subject to normal building-permit review.