Boone County BZA approves large accessory barn for homeowner after pledge to end on‑site commercial operations

The Boone County Board of Zoning Appeals on Aug. 20 approved variances that allow a 7,680‑square‑foot accessory structure and reduced setbacks at 5503 North 500 West after the petitioner agreed to a condition that the property not be used for commercial operations or storage.

The variances permit: a reduced setback from 40 feet to 15 feet; an accessory structure larger than the primary residence in height and area; an increase in the maximum single accessory structure area from 3,000 square feet to 7,680 square feet; and an increase in cumulative accessory structure area from 4,000 square feet to 15,870 square feet. The subject parcel is about 4.83 acres and contains an existing 1,794‑square‑foot residence and multiple accessory buildings totaling roughly 8,190 square feet.

The permit request drew scrutiny from planning staff because of evidence the property had been used for commercial storage and operations for Anytime Outhouse, a portable‑toilet business, including aerial photos and a staff site visit that noted dozens of portable toilets, tanker trucks and shipping containers on site. Deborah Lazier, interim planning director, told the board staff believed the property was in violation of the zoning ordinance and recommended denial until the zoning violation was remedied.

Petitioner James “JB” Love said the business has been separated from the residence and that he purchased a nearby transportation center and moved operations off the property. “We closed on Aug. 5,” Love said, describing efforts to move equipment and to separate personal and business property. Dustin Ward, an insurance agent, told the board he had changed insurance coverage so the residence is insured as a personal home and the business is insured at the new location. Todd Burd, president of Home National Bank, also testified in support and said the bank has supported Love’s business growth.

Board members pressed for enforceable steps to prevent a return to commercial activity. VC Henson, vice president of the BZA, said he wanted “assurances we can bake into this” to prevent the business from creeping back onto the site. Love agreed to a condition tied to the building permit that would prohibit commercial operations, employee parking, equipment or toilet storage on the property; Henson clarified the expectation could exclude casual private vehicle use such as a resident parking a work truck at the end of the workday.

With that condition added to the staff recommendations, member Danielle Morrison moved to approve the variances; VC Henson seconded. The board voted unanimously in favor.

The approved motion was conditioned on the representations and a written commitment that there be no commercial use, commercial storage, or employee parking on the property; if future evidence shows commercial operations resume, the county retains enforcement authority under the zoning ordinance. Driveway and building permits and any drainage permits required by the county remain prerequisite requirements.

The Loves and neighbors who spoke — including Alan Wilmer and others — said they supported the variance now that operations are off site. Staff will monitor the property and enforcement would follow if the condition is violated.

The BZA’s action allows the applicant to pursue the building permit process with the added no‑commercial condition recorded as part of the permitting requirements.