BZA approves use variance for 403‑square‑foot detached dwelling at 1500 block of West Franklin

The Elkhart City Board of Zoning Appeals on Aug. 14 approved a use variance to permit a detached 403-square-foot owner-occupied dwelling on vacant land in the 1500 block of West Franklin, where the B-2 Community Business District generally does not allow single‑family dwellings and the minimum dwelling area in the relevant residential district is 750 square feet.

Petitioner Michael Patrick Nagy described plans for a tiny house on the parcel, citing proximity to bus service and medical facilities and saying the design would include a seawall and steps to the riverbank; he said the unit would be owner-occupied and low‑cost to heat. Staff said a portion of the parcel lies within a special flood hazard area and that any work in that portion would require permitting from the Indiana Department of Natural Resources.

Staff recommended approval, saying the parcel has been used for parking and that the small detached dwelling would appear similar to an accessory dwelling unit from the street, would support infill redevelopment and help address a local housing shortage identified in the Zimmerman Volk housing study. The staff report said the portion proposed for development is outside the special flood hazard area but that any work near the riverbank or within the hazard area requires DNR approval. Staff also recommended modifying the width of the driveway approach within the public right-of-way per public-works standards.

Neighbors raised concerns at the hearing about erosion at the back of the parcel, the location of an existing set of stairs that a neighbor said straddled property lines, parking proximity to the stairs, the visual fit of a tiny house in a neighborhood of larger homes, and historic erosion of an asphalt surface behind adjacent properties. Planning staff informed the neighbor that the property owner obtained a survey showing the stairs lie on the petitioner's lot and said private property boundary issues are a matter to be resolved between owners; staff reiterated the DNR permit requirement for shoreline work.

Staff mailed 38 letters; the board approved the use variance on roll call and required the petitioner to modify the drive approach width in the public right-of-way as a condition in the staff report. The board advised the petitioner and neighbors to address private boundary and erosion issues directly and comply with DNR and city permitting before riverbank or shoreline work begins.