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Board approves use variance for detached accessory dwelling at 1746 E. Beardsley Ave.
Summary
The board granted a use variance permitting a 740-square-foot detached accessory dwelling unit (ADU) at 1746 East Beardsley Avenue, subject to conditions including a deed restriction requiring owner-occupancy of the primary structure and removal of one shed.
The Elkhart City Board of Zoning Appeals approved a use variance that allows a detached accessory dwelling unit (ADU) on the lot at 1746 East Beardsley Avenue.
Petitioner Nicole Hogan Dorbler requested multiple variances to permit a 740-square-foot ADU, exceed accessory-structure area limits, and allow a total of four accessory buildings where the ordinance permits two. Staff described the R2 single-family district as not permitting accessory dwelling units and recommended approval with conditions, noting the city is drafting a Unified Development Ordinance that would list ADUs as a special exception with conditions.
The staff report said the parcel currently contains three accessory structures; approval would require removal of one shed so the total accessory structures would be three. Staff recommended conditions that the ADU be accessory and secondary to the primary dwelling, have only one entrance on the front facade (with any second entrance only on a side or rear elevation), share utility connections with the primary dwelling, meet accessory structure setbacks, and be subject to a deed restriction recorded with the Elkhart County recorder requiring owner occupancy of the primary structure or ADU occupant. Staff also recommended that the ADU remain on the same lot and not be separately split off in the future.
Dorber told the board she intends to build the unit to help care for her aging mother and prefers the option that places the unit inside the fenced area in the backyard. "I'd like to build a new home in my backyard to help take care of my mom as she ages. It would be like a mother-in-law suite," she said. Board members asked whether she had decided on a site option; Dorber said she preferred option 2 and was still coordinating with utility companies to confirm locations.
Staff mailed 23 letters, receiving one in favor and one opposed. The opposing response raised concerns that the lot is not large enough, that the area is intended for single-family dwellings, and expressed a general objection to increased density.
The board voted to approve the use variance and adopted the staff conditions. Roll-call votes recorded: Mulvaney — yes; Lightman — yes; Newbill — yes; Von derickhoff — yes.
Conditions adopted by the board require a deed restriction recorded with the Elkhart County recorder, removal of one shed to limit accessory structures to three, single front-facade entrance limitation, shared utilities with the primary dwelling, and compliance with accessory-structure setbacks. Staff noted the measure aligns with the city's housing goals cited in the Zimmerman Volk housing study and said more similar requests are anticipated once the UDO is implemented.
