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BZA continues hearing on floodplain conditional use after legal counsel requests IDNR documentation
Summary
A conditional use request for development in a floodplain was continued because the Unified Development Ordinance requires an Indiana Department of Natural Resources (IDNR) letter stating either the 100‑year flood elevation/grade permit or that no permit is required; the documentation was not available at the hearing.
The Board of Zoning Appeals on Sept. 18 continued consideration of a conditional use application for development within a mapped floodplain after City legal counsel identified a gap in the record.
Assistant director Jackie Scanlon told the board that the UDO requires, for conditional uses in floodway and flood fringe areas, either an IDNR permit specifying the 100‑year flood elevation and recommended flood protection grade or a written IDNR statement that no permit is required. City staff and the petitioner told the board they did not have the IDNR document at the hearing; the petitioner indicated any IDNR permits would be sought after construction.
Indiana Kasemanian, the city’s legal counsel, said the code language is explicit and recommended the board continue the petition until the required IDNR documentation is obtained or the legal conflict is resolved. The board voted to continue the item to the next meeting so staff and the petitioner can obtain the necessary state documentation and work with legal counsel.
No vote on the merits of the conditional use was taken; the continuance was procedural to ensure the application record complies with UDO requirements prior to any approval.
Staff said they will coordinate with the petitioner and legal counsel and bring the item back once the IDNR documentation is provided.
