Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Accessory Dwelling Family Care topic
No spam. Unsubscribe anytime.
Board allows accessory dwelling for Forney family; condition limits use to relatives
Summary
The board granted a variance to allow an existing accessory structure at 849 North 400 East to be used as a second dwelling for family members only; the health department will require septic sizing for both units.
The Porter County Board of Zoning Appeals approved a variance in case UB‑2024‑74 to allow a second dwelling unit within an existing accessory structure at 849 North 400 East (listed in the record as 849 Northeast Valparaiso). The approval was conditioned on occupancy by family members only and on bringing the septic system into compliance for two units.
An attorney appearing for petitioners Troy and Patricia Forney told the board the accessory structure was constructed in about 1978 and was built as a living unit; the Forneys purchased the 3.5‑acre property earlier in the year and seek to move aging parents into the apartment above the garage. The petitioner said the family retained Soil Solutions to size the septic system; the Porter County Health Department provided a review and the applicant agreed that, if a variance is granted, the septic would be sized appropriately for both dwellings.
The board discussed enforcement language to prevent the accessory unit from being rented to third parties if relatives later moved out. The petitioner and board agreed to a condition requiring that occupants be immediate family (by blood or marriage) and that the unit not be rented to unrelated third parties without returning to the board for additional relief.
Action: The board voted to approve the variance to convert the accessory structure back to a dwelling for the limited purpose of housing family members; the motion passed unanimously on recorded “yes” votes (Marvin [Bushner/Bergner in transcript], Ryan Davis, Debbie Cook recorded as yes). The staff report and health‑department input were listed as supporting documentation.
What’s next: If the accessory unit is later offered for rent or a non‑family occupant seeks to live there, the county may require the owner to return to the board for a new variance or enforcement action. The petitioner must complete any required septic upgrades per the health department’s sizing and permitting requirements before final occupancy.
