Owen County BZA elects officers, approves four design variances

The Owen County Board of Zoning Appeals on an evening meeting reorganized its leadership and approved four separate design variances for rural parcels, while agreeing to add a written objection to the meeting record for review by the county attorney.

The board unanimously elected Norm Warner president and Sandra Calvert vice president during the reorganization portion of the meeting. The board then took up four public hearings on design-variance requests, granting each application by voice vote. Applicants included Zachary Hauck (BZA2024-25), Steven Fender (BZA2024-26), Heather Klingen (BZA2024-27) and Dax and Valerie Bunch (BZA2024-28).

Why it matters: The variances allow property owners to alter standard zoning development rules — primarily setbacks and parceling — on agricultural parcels in Owen County. Approvals change how those specific parcels may be used or sold and require written findings by the board before permits and deeds proceed.

The first approved application, BZA2024-25 from Leonard White and applicant Zachary Hauck, asked to place a 12-by-16 “mini barn” 30 feet from the road center instead of the 75-foot setback in the zoning ordinance. "It's supposed to be more than 75 feet away from the road. Due to the layout of the land and the slope, I cannot comply," said applicant Zachary Hauck, explaining the structure's location on his driveway. The board made written findings that the shorter setback would not harm public health or adjacent property values and that the lot's topography created a practical difficulty for strict enforcement of the 75-foot requirement. The motion to approve passed by voice vote, four in favor, none opposed.

At the public hearing for BZA2024-26, applicants Lewis and Steven Fender (speaker introduced as Steve Bender) asked to split a roughly 3.04-acre tract from a larger family parcel and allow residential development on the new lot. The board found the proposed split would not materially affect surrounding property values and approved the variance with conditions to follow standard procedures; the approval carried on a 4-0 voice vote.

BZA2024-27 was a request from Heather Klingen to divide a roughly 23-acre parcel, creating a one-acre lot containing an existing house and three-car garage so the owners could sell that acre while retaining the remainder for a new house. Klingen told the board the structures are preexisting and that the proposed split would not introduce new neighbors or reduce surrounding property values. The board approved and agreed the existing structures predated the current ordinance; written findings will be available in the applicant packet.

BZA2024-28 came from Dax and Valerie Bunch to parcel 1.17 acres from a 5.58-acre property for a new residential lot. The board confirmed an existing septic system serves the proposed lot and that the septic does not cross the proposed property line. After reviewers confirmed setbacks could be met on the 1.17-acre parcel — and that the lot will not be landlocked — the board approved the variance.

During the meeting a written objection that had been submitted against two of the recent applications was formally made part of the record and the board voted to have the county attorney review the submission to ensure compliance with applicable notice and procedural requirements. The board also approved the Nov. 21 minutes and adjourned.

Votes at a glance: - Reorganization: Norm Warner elected president; Sandra Calvert elected vice president. Vote: all in favor, unanimous (4-0). - BZA2024-25 (Leonard White / Zachary Hauck) — Approve variance to place a 12x16 accessory structure 30 feet from road center instead of 75-foot setback. Motion: approve; outcome: approved (4-0). - BZA2024-26 (Lewis and Steven Fender / speaker identified as Steve Bender) — Approve parcel split (approx. 3.04 acres) for residential use from agricultural land. Motion: approve; outcome: approved (4-0). - BZA2024-27 (Heather Klingen) — Approve split of approximately 1 acre from a 23-acre parcel containing existing house and 3-car garage; structure preexists ordinance. Motion: approve; outcome: approved (4-0). - BZA2024-28 (Dax and Valerie Bunch) — Approve split of 1.17 acres from a 5.58-acre parcel for a new residential lot; existing septic confirmed on proposed lot. Motion: approve; outcome: approved (4-0). - Written objection: Motion to include the submitted objection in the minutes and refer to the county attorney for review. Motion: approve; outcome: approved (4-0).

The board said written findings of fact supporting each variance will be prepared and available in applicant packets, and staff told applicants to contact the office next week to collect paperwork. No members of the public spoke at the hearings and board members indicated no additional items are scheduled for next month’s meeting.

The meeting record shows the board applied the BZA criteria discussed in the zoning packet: (1) whether the variance would harm public health, safety, morals or general welfare; (2) whether adjacent property values would be substantially affected; and (3) whether strict application of the ordinance would cause a practical difficulty. For one of the cases the board noted a desire to limit future re-splitting of the parcel and recommended wording to that effect for future reviewers.