La Porte Board of Zoning Appeals approves setback variance for 12 Deerfield Crescent

The La Porte Board of Zoning Appeals on April 8 approved variance of development standards petition 25-03 to reduce the minimum front-yard setback from 25 feet to 23 feet and the minimum side-yard setback from 10 feet to 0 feet for a single-family lot at 12 Deerfield Crescent.

Staff recommended approval at the hearing, saying the proposed house footprint is similar to nearby homes in the Deerfield Crescent (Whitetail Crossing) subdivision, where many houses were built near or at property lines before the current zoning ordinance. "Staff recommends approval of the petitioner's request to reduce the minimum front yard building setback from 25 feet to 23 feet and reduce the minimum side yard building setback from 10 feet to 0 feet as part of variance of development standards petition 25Dash03," a zoning staff member said.

The zoning staff presented aerial photos and site plans showing a narrow lot and a stubbed road near the property. Staff said the lot’s shape and the existing development pattern met the three variance criteria: no harm to public health or safety, no substantial adverse effect on neighboring property values, and unnecessary hardship under strict application of the zoning ordinance.

The applicant, Mike Ficus, gave his name and address as 3628 West Johnson Road, La Porte, and explained he had applied for permitting through the city’s online portal. Board members pressed Ficus and staff about why a foundation had already been poured without an issued building permit. Ficus said he believed the permit was approved and was waiting for an email to complete payment. "I thought the, it was approved and waiting for payment," he said.

Jamie, an assistant project manager in the engineering office, told the board the city uses an online portal and that applicants receive an email when a permit is ready for payment. Jamie said other departmental reviewers — including one named Heinhold — had not completed their steps on this file, which likely caused the confusion. "You get an email saying your registration is now ready for payment. Your building permit is now ready for payment," Jamie said, adding that applicants can also view the status by signing into the portal.

Board members voiced frustration that construction had started before the permit was finalized, saying earlier enforcement and clearer communication with builders are needed. A board member also noted the stub road near the lot is "not going anywhere" and that another buyer (a nursing home) now owns adjoining land, reducing concerns about future road extensions. The board characterized the subdivision’s development pattern as a contributing factor: "This is a nightmare this development here. You guys are all pushed right tight to the property lines," a member said while acknowledging the practical difficulties presented by older lots.

After discussion, a motion to approve the variance was made, seconded and approved by voice vote; the record shows the motion passed. The board instructed the applicant to finalize all required permit steps with city departments before proceeding with further work. The approval applies only to the variance request; it does not itself constitute a building permit.

Next steps noted at the hearing include completion of outstanding departmental reviews (engineering, water/wastewater and any other required signoffs) and final payment/submission actions in the online permitting system before a formal building permit can be issued.