Votes at a glance: Area Board of Zoning Appeals (Oct. 8) — approvals, denials and next steps

The Area Board of Zoning Appeals for St. Joseph County heard 11 petitions on Oct. 8 and took the following formal actions. This roundup lists each petition, the board’s disposition and key next steps recorded in the meeting transcript. (Where the transcript omitted per-member vote tallies, the outcome is recorded as stated in the hearing.)

Votes and outcomes

1) Petition 1 — 708 Bray Street (New Carlisle): Variance to allow detached accessory area of 3,200 sq. ft. (requested relief from Town of New Carlisle Zoning Ordinance §152.083(c)(1)(a)). Outcome: approved. Staff to prepare written findings of fact. (See full article on the New Carlisle petition for more detail.)

2) Petition 2 — 313 Tiger Court (New Carlisle): Variance to allow a 6-foot tall privacy fence with less than 70% open space in the front yard of a corner lot where the code allows a maximum three-foot solid/4-foot open front. Outcome: approved subject to staff conditions.

3) Petition 3 — 27597 Osborne Road (County): Variance to reduce west side setback to slightly more than 6 feet for an accessory solar array where 30 feet is required (agricultural zoning). Outcome: approved; staff recommended approval based on topography, wetlands and likely lack of future development on abutting parcel.

4) Petition 4 — 220 Pendle Street (Roseland): Special use (multifamily condominiums) and three variances (setbacks and height). Outcome: BZA sent a favorable recommendation to the Town of Roseland council on the special use and approved the variances subject to staff conditions 1 and 2. The board declined to bind approval to the current site plan because interior drive aisle width must meet fire-department standards (24-foot minimum); developer to revise plan and coordinate with fire department and town engineering.

5) Petition 5 — 26237 Grant Road (Warren Township, county): Variance to allow a new primary structure on a lot without frontage on a dedicated improved public road, proposing access from an unimproved section of Fourth Street. Outcome: approved; petitioner and county engineer indicated agreements would address maintenance and liability for the unimproved right of way and the subdivision process will memorialize those agreements.

6) Petition 6 — 60217 Ash Road (county): Variance to allow a 30-by-40 pole barn three feet from the front property line where 35 feet is required, with wetlands and septic fields constraining location. Outcome: approved with staff conditions.

7) Petition 7 — 52090 Lilac Road (county): Two variances to allow accessory structures on a lot without a primary structure in a proposed three-lot subdivision and to reduce a rear yard setback to 30 feet where 40 are required. Outcome: approved with condition that a home be constructed on the lot within three years; septic-easement notes were discussed.

8) Petition 8 — 55828 Breed and Rise Lane (county): Variance to replace an existing 6-foot fence on a corner lot where a 6-foot privacy fence extends beyond the rear building line. Outcome: approved; petitioner provided neighbor support signatures and staff found no sight-line obstruction.

9) Petition 9 — 67208 Walnut Road (agricultural, county): Four variances to divide a 160-acre parcel into a roughly 5-acre residential lot and a 155-acre agricultural lot and to allow several preexisting structures to remain in current locations that encroach on setback requirements. Outcome: approved with staff conditions; justification focused on preserving productive agricultural land while allowing a family transfer and retaining existing structures.

10) Petition 10 — Unaddressed parcel south of 53977 Pine Road (Shirley Heinze Land Trust): Variances to allow a small gravel parking area without paving, curbs or painted parking stalls on a nature-preserve parcel. Outcome: approved with staff conditions 2 and 3; board and applicants agreed the small gravel lot (capacity ~3 cars) supports public access and reduces impervious-surface runoff compared with a paved lot.

11) Petition 11 — 61069 Hawthorne Road (Shirley Heinze Land Trust item listed later in the agenda): Not heard to conclusion — tabled to next month at the petitioner’s request (no representative present to proceed).

What the board recorded for follow-up

- Several approvals included instructions that staff prepare written findings of fact. - The Pendle Street special-use recommendation is subject to town-council action; developer must finalize engineering (notably interior aisle width) and coordinate road improvements with the town. - The Grant Road approval will be progressed through the subdivision process and any agreements required by the county engineer or county attorney regarding maintenance of the unimproved right of way.

Why this matters locally

These decisions permit a range of outcomes — from a large accessory building in New Carlisle to a new multifamily development in Roseland and access decisions for rural residential subdivisions. Several items required follow-up engineering, written findings, or town-council action before construction or subdivision can proceed.

If you live near one of the properties above: look for the board’s written findings in the APC record and any forthcoming town-council agenda for cases requiring municipal approval. For items that need plan revisions (notably the Pendle Street project), the developer must return with updated engineering if those changes alter the variances the board granted.

Meeting note: the board closed the meeting after approving minutes and findings of fact for prior hearings.