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Merrillville board approves setback and surface variances for two Wright Street lots
Summary
The Town of Merrillville Board of Zoning Appeals approved variances for two adjacent Wright Street lots to allow reduced setbacks and partial stone or gravel surfacing to accommodate flex-office warehouse buildings.
The Town of Merrillville Board of Zoning Appeals approved variances for two adjacent lots on Wright Street that will allow flex-office warehouse buildings to be built closer to property lines and for partial stone/gravel surfacing in lieu of full pavement. The decisions followed staff reports that the Buckeye pipeline easement constrains site development and after the petitioner recorded an encroachment agreement at the Lake County Recorder’s Office.
The variances affect Lot 37 and Lot 38 and were presented by petitioner Carlos Ruiz of Regent Contractors. Ruiz told the board the Buckeye pipeline changed requirements the developer had relied on and that the company had marked property corners and filed the required paperwork with the pipeline company and town staff. “They changed rules on us and henceforth why we're doing what we're asking for,” Ruiz said.
Staff described the requested relief as a variance from Section 21-172(b)(7) to permit a partial stone surface instead of pavement and from Section 21-137 to reduce side-yard setbacks. For Lot 37 the board considered reducing the north side-yard setback from 20 feet to 5 feet on a 43,560-square-foot parcel to allow a flex office warehouse; for Lot 38 the request was to reduce a corner side-yard setback from 40 feet to 20 feet and to allow an 18-foot gravel area within the Buckeye easement.
An attorney covering for Town Attorney Joe Svetnoff told the board he had reviewed the recorded encroachment agreement and emphasized that the agreement is a contract between private parties and that “the town would not need to take any official position on the agreement itself.”
Board member Tim Fortier voiced concern about how far the setback deviated from the code, saying the reduction represented “three quarters of what our regulations are,” and voted against the Lot 37 variance. The board approved the Lot 37 variance by a 3–1 vote (yes: 3; no: 1) and approved the Lot 38 variance unanimously.
The approvals are limited to the variances described by the staff reports and to this site; the petitioner and staff will pursue any building permits and inspections required before construction begins.
