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BZA grants variance for 1306 Erwin driveway but orders right-of-way work to meet city standards
Summary
The board approved a variance allowing an existing horseshoe driveway that covers 73% of the front yard, but required the portion in the public right-of-way be removed and reinstalled to city standards within 45 days.
The Elkhart City Board of Zoning Appeals voted Aug. 14 to grant a developmental variance allowing a front-yard driveway that occupies 73% of the lot at 1306 Erwin Street — 23 percentage points over the 50% limit in the zoning code — but the board required the petitioner to remove and reinstall the portion of the driveway within the public right-of-way to meet city standards within 45 days.
Petitioner Fabian Magalanes told the board he and his family bought and have been renovating the single-family house and asked to keep the horseshoe driveway to provide safer circulation and parking for multiple vehicles. Neighbors who appeared supported the petition, saying the driveway improved the property's appearance.
City staff said they learned of the unpermitted driveway after a complaint on May 18 and confirmed no driveway permit had been issued. Engineering staff raised concerns about pavement thickness at the sidewalk and in the public right-of-way, ADA compliance for the approach, and long-term sidewalk and curb maintenance costs to taxpayers if the driveway approach is not built to city specifications. Staff recommended denial because the work was done without permits and because of potential stormwater impacts near nearby Lily Creek.
During the hearing, City Engineer Jeff Schafer explained the sidewalk at driveway approaches must be strengthened because sidewalks are typically four inches thick while driveways must meet a larger pavement depth to sustain vehicle loads. Staff and the engineer suggested a compromise: allow the existing circular driveway to remain but require the petitioner to remove and replace the portion from the sidewalk to the street to public-works standards and obtain the necessary permits and inspections.
The board approved the variance and attached a condition requiring that the portion of the driveway and sidewalk within the city right-of-way be removed and reinstalled to meet city code and obtain public-works permitting, with that work completed within 45 days. Staff said 40 letters were mailed; four respondents returned in favor and three sent comments supporting the homeowners' improvements while one returned opposed.
Board members noted the petitioner's agreement at the hearing to the condition and emphasized the city's interest in protecting public infrastructure and ensuring ADA-compliant sidewalk approaches.
