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BZA approves setback and accessory-structure variance after Whitestown permitting error
Summary
The Zionsville Board of Zoning Appeals approved two development-standards variances for 9019 East 100 North, reducing a west side-yard setback and allowing an accessory structure to exceed the primary residence in square footage, after staff cited a Whitestown permitting error that created hardship for the owner.
The Zionsville Board of Zoning Appeals approved two development-standards variances for a property at 9019 East 100 North after staff described the situation as an administrative permitting error by the neighboring Town of Whitestown that left the property owner with significant sunk costs.
The board granted a variance to reduce the west side-yard setback from 40 feet to 15 feet and approved a separate variance allowing an accessory structure's square footage to exceed the primary residence's square footage. Both approvals were made by motion and recorded unanimous aye votes.
Staff planner Jonathan Smith explained that the petitioner obtained a building permit from Whitestown in good faith after Whitestown staff mistakenly treated the property as under their jurisdiction. Whitestown's permitting office later recognized the error and acknowledged internal process lapses; by that time the owner had purchased materials and completed substantial site work. Smith told the board staff regarded the situation as not created by the petitioner and described that as the basis for an unnecessary-hardship finding for the variance requests.
Petitioner Jacob Greenwald, who gave his address as 9019 East 100 North, told the board the proposed structure aligns with existing buildings on the property and that moving the new building farther from the property line would place it near his septic field and require redoing paid-for site work. He described the building as cold storage for equipment, tractors, an RV and boats.
The nut graf: The board balanced the procedural error by another municipality, the practical consequences to the owner and the lack of negative public comment, and concluded the setback reduction and accessory-square-footage variance were justified by hardship caused by Whitestown's permitting mistake.
Neighbors received notice; no public opposition was recorded at the hearing. A board member noted that administrative decisions by Whitestown had placed both the owner and Zionsville in a difficult position and supported relief to avoid imposing an unremediable economic burden on the petitioner.
The board voted: for the west side-yard reduction (docket 2025-25-DSV) the roll call was Jim Hurst — Aye; Josh Martin — Aye; Amanda Miller — Aye; Kathy Posselwey — Aye; Josh Fedora — Aye. The variance to allow accessory square footage to exceed the primary structure was approved on a separate motion by the same unanimous vote.
Both motions were approved with the board's stated findings of fact and substantial compliance with submitted site plans. The board clarified that a previously discussed height variance was not necessary.
The petitioner was advised to proceed with required permit applications in Zionsville and to coordinate any remaining technical items with town staff.
