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Board approves variances to split 55-acre Tyler Road parcel; structure variances void if demolished
Summary
The Area Board of Zoning Appeals approved variances to allow a proposed lot split and to preserve existing house and barn setbacks at 23735 Tyler Road, with a condition that variances for existing structures become void if those buildings are destroyed or demolished.
On June 11 the St. Joseph County Area Board of Zoning Appeals approved variances for a proposed two-lot split of a roughly 55-acre parcel at 23735 Tyler Road that abuts the Marshall County line. The board granted a reduced frontage for one resulting lot and approved setback variances to retain the existing house and barn placements, subject to a condition that those structure variances terminate if the structures are demolished or otherwise destroyed.
Area Planning Commission staff described the property as containing an existing house, a number of former mink-farm outbuildings (many in poor condition), farmland and wetlands. Staff said the parcel has more than 1,500 feet of total frontage, but the petitioners want a logical split that would leave one new lot with 272 feet of frontage rather than the 600 feet the subdivision rule normally requires. Staff recommended approval because the proposed layout responds to topography, existing buildings, wetlands, and septic-suitable soils.
Attorney Terry Lang, representing Timothy and Barbara Pearson, told the board the Pearson family wishes to subdivide so the Pearson daughter can build on the adjacent new lot; he noted many of the older outbuildings are collapsed and not in active use. A neighbor sent a single letter of remonstrance concerned about setback variances if the property is sold; staff and the petitioner discussed adding a condition that any new building replacing the existing house or barn must meet current setbacks or that the granted variance would terminate if the structures are removed.
Board member Tom Byers moved to approve the variances as presented but to make those structure variances void upon destruction or demolition of the structures; Doctor Julie Lauck seconded. The board recorded roll-call votes and approved the motion; the chair said written findings of fact will be issued.
Staff and counsel discussed how a note could be added to the subdivision record or plat to make clear that the variances applied only to the existing buildings and would not automatically authorize future replacement construction in the same locations without complying with current ordinance standards.
