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St. Joseph County board approves variance allowing accessory structures during 3-year window for new home
Summary
The St. Joseph County Area Board of Zoning Appeals approved a variance enabling existing accessory structures to remain temporarily without a primary dwelling on a newly created 3-acre lot at 20501 Kern Road, conditioned on construction of a single-family home within three years.
The St. Joseph County Area Board of Zoning Appeals on July 9 approved a variance that allows existing accessory buildings to remain on a newly created 3-acre lot at 20501 Kern Road so long as a single-family home is built on the lot within three years.
Area Plan Commission Director Sean Klein said the property is about 30 acres and the petitioner plans to subdivide roughly 3 acres from the southwest corner so a family member can live nearer to the parent parcel. "We recommend approval on the condition that a single family home be built on proposed lot 2 within 3 years," Klein said, describing the staff recommendation and the legal criteria the office applied.
Klein told the board the proposed split would temporarily leave two barns and a shed on a parcel without a primary structure and that the accessory buildings are set back about 250 feet from the right of way. He said staff did not find the temporary arrangement would "be injurious to public health, safety, morals, or general welfare" if the home is built within the time limit.
Terry Lang of the Whiteman office, representing the petitioners, said the buildings already exist and the goal is to create a home site for a family member. "This is one of those situations where the buildings are already there," Lang said, and described plans to do soil borings and coordinate with the health department as part of the subdivision and building process.
A neighboring resident, Scott Ollott of Crown Ridge Court, spoke in opposition and raised concerns about potential future uses of the outbuildings, asking specifically whether a dog kennel or other noisy use would be allowed. "I'm against," Ollott said, adding he wanted to preserve the neighborhood's current quiet character. Board members and staff responded that a dog kennel would require a separate special-use approval by the county council, including additional public hearings.
Board member Dr. Lauck made the motion to approve the variance with the staff-imposed conditions, and the motion was seconded by Mr. Rausch. All six members present voted yes. The board said it would issue written findings of fact to accompany the approval.
The variance request sought relief from Section 154.07 A(3) of the county code to permit accessory structures on a lot without a primary residence after the subdivision; the board's approval was conditioned to return the lot to code compliance once the new single-family home is built within the three-year period.
The board handled public comment during the hearing and combined staff, petitioner and public remarks before voting. The petitioners and staff indicated the remainder of the parent parcel (about 26 acres) will retain the existing large house and that both resulting parcels will comply with the residential provisions of the ordinance after the new home is built.
