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St. Joseph County board grants variance for shed at 56049 Waynwood Drive
Summary
The St. Joseph County Area Board of Zoning Appeals on June 11 granted a variance allowing a 5.5-foot side-yard setback for a 120-square-foot shed at 56049 Waynwood Drive, despite staff recommendation to deny for lack of demonstrated practical difficulty.
The St. Joseph County Area Board of Zoning Appeals on June 11 granted a variance allowing property owners Christian and Lena Nabalski to place a 120-square-foot shed 5.5 feet from the north property line, where the county ordinance requires an 8-foot setback.
The board acted after hearing staff recommendation against the variance and testimony from the property owners. Sean Klein, director of the county Area Planning Commission, told the board staff recommended denial because, in staff’s view, the petitioner had not shown the required practical difficulty that would prevent placing the shed elsewhere on the lot. Klein said the structure “does not appear to have any broader impact” on health or safety and noted similar accessory structures exist in the neighborhood.
Petitioner Lena Nabalski said the proposed location is the most usable, citing a septic field on the opposite side of the house and a desire to keep a maintenance path next to existing arborvitae. “We’re only asking for 30 inches. That’s it,” she told the board. Her husband, Eugene Nabalski, said nearby properties contain structures close to property lines and argued the shed would not be visible from the street.
A single remonstrance email was received, the staff report noted, objecting that the shed would detract from the neighborhood’s appearance. The board did not reopen the public hearing; the chair said the public hearing was held at the prior meeting when the item was first considered and the chair declined to reopen it.
A motion to approve the variance was made on the record and seconded by Julie Lauck. The board recorded roll-call votes from present members — Tom Byers, Lance Rausch, Dan Schaeffer, Dan Ritzma, Julie Lauck and Tavernier — and the motion passed on a 6-0 vote. The chair said the board would issue written findings of fact.
Because the board’s decision was based on the testimony and facts presented at the hearing, the written findings will state the factual basis for the board’s determination and are the official record of why the board found the ordinance criteria met in this instance.
The variance applies to this specific accessory structure as presented to the board; the written findings will clarify any conditions or limits the board requires.
