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BZA grants setback variance for 17731 Bullo Road with written commitments after residents oppose building on neighborhood green space
Summary
After extensive public comment and debate, the St. Joseph County Board of Zoning Appeals approved a variance to allow 10-foot north and south setbacks (where 35 feet is normally required) for a single-family lot at 17731 Bullo Road, tied to written commitments limiting bedrooms, orientation and driveway placement.
The St. Joseph County Board of Zoning Appeals voted 6-1 on Jan. 8 to grant variances allowing 10-foot north and south front setbacks for a single-family lot at 17731 Bullo Road, where the single-family district normally requires 35-foot setbacks. Approval included written commitments recorded by the petitioner limiting the future primary structure to three bedrooms, requiring the home's primary entrance to face 26th or 27th Street, and directing that the driveway access be from Hastings Court unless the county engineer determines otherwise.
The decision followed a lengthy hearing that produced the meeting's largest public turnout. Fariel Sharif, Area Plan Commission staff, told the board the lot is narrow (56.78 feet wide) and that strict application of the ordinance would make development “basically impossible” because the lot is a through lot with four fronts. Sharif also said city water is available for hookup but that a private septic system would still be required and must be approved by the county health department.
Petitioner Kevin L. Carnes, who owns the lot, said the property has become difficult to maintain and that building would return the lot to regular upkeep. “We just would like to put a house there,” Carnes told the board, adding that the home would be sold to a buyer or builder and that he had discussed the project with neighbors.
Neighborhood opponents described the parcel as long-used green space and warned of change to the area's character. Gary Christina, who said he had circulated an earlier petition opposing development, told the board, “I'm here once again in opposition to this variance.” Chris Samuels, who lives nearby, said the area is “aesthetically beautiful” and used for walks; Brian English said he feared “gentrification” or short-term rentals would change the neighborhood.
Board members debated conditions that would limit the scale and orientation of any house built on the lot. The board's motion (approved with a recorded written commitment) required the primary entrance face 26th or 27th Street, required the driveway to be from Hastings Court subject to the county engineer's approval, and limited the primary dwelling to a maximum of three bedrooms so the septic will be sized accordingly. The motion was seconded by Lance Rausch. Votes recorded: Schaefer — yes; Byers — yes; Dr. Lauck — yes; Ritzma — yes; Rausch — yes; Velman — yes; Tavernier — no.
Board staff and members noted the parcel's unusual shape and prior history: previous hearings and a quiet-title action confirmed ownership transfers, and staff recommended approval because the lot's configuration and septic constraints create practical difficulties that meet the statutory criteria for a variance. The board said it would issue written findings of fact.
The variance is binding through a recorded written commitment that travels with the land; future owners will be bound by the conditions the board recorded.
