Hammond BZA approves first-floor residence and lot-width variance at 6736 Columbia Avenue

The Hammond Board of Zoning Appeals on June 26 approved a conditional use permit and a developmental variance that will allow the single-family house at 6736 Columbia Avenue to remain a first-floor primary residence and to occupy a lot narrower and smaller than current C1 district requirements.

Rick Dawson, the petitioner, told the board the house has been used as a residence “for as long as anyone can remember” and described steps taken to separate the house from the adjacent former Hammond Salvage commercial building, create residential parking and record agreements to govern shared walls and access. City staff recommended approval of both requests, subject to recording the required easements; the board voted in favor of both measures.

The petitions were filed as Z-25-09 (conditional use) and Z-25-10 (developmental variance). Under Hammond’s zoning code, C1 local commercial districts generally allow residential use only on upper floors; the conditional-use request would permit the house’s primary residential use on the first floor. The developmental variance seeks relief from the city's minimum lot-width and lot-area requirements created when the two parcels were reconfigured.

Dawson said the two properties were long held together and that, after changes, the lot line previously ran through the commercial building. To address practical difficulties caused by existing buildings, the petitioner demolished a dilapidated garage, created an alley-access garage and recorded a party-wall agreement. He also said the applicant had recorded an eight-foot access easement along the side of the house and a driveway-access agreement addressing use of an alley area for commercial access.

Board members and staff cited those recorded documents when discussing impacts on adjacent properties. City staff told the board the petitioner had taken steps to replicate the zoning objectives by providing on-site access and by recording a party-wall agreement and easement. Staff recommended approval of the conditional use "should the board feel the petitioner has met the standard subject to the approval of the following case Z-25-10," and recommended the developmental variance subject to recording of the side-yard access easement, ingress/egress easement for accessory structures and the common-wall easement — items the petitioner indicated had been recorded.

During the public hearing, resident Daniel Marshall of 4646 Henry Street asked how future maintenance would be performed given the tight lot line between the house and the commercial building. Dawson replied that the recorded eight-foot easement grants the residential owner a right to enter the neighboring parcel to perform maintenance, and he said the adjacent commercial structure is set back roughly 20 to 25 feet from the house so practical access exists.

Board members moved to adopt the staff reports and the proposed findings of fact into the record and then voted to approve both the conditional use (Z-25-09) and the developmental variance (Z-25-10). The roll-call votes recorded board members Hessel, Bill, Faulkner, Brock and Hutton as voting "yes" on each item; no "no" votes were recorded on the transcript.

The approvals include the staff conditions requiring recorded easements and related documents to be on file; the board explicitly linked approval of the conditional use to approval of the developmental variance. The petitioner said the necessary easements and agreements had been prepared and, in at least one case, recorded.

With the BZA approvals, the property owner may proceed to finalize the lot split and to pursue any required permits or code reviews with Hammond building and zoning staff. The city will reflect the approvals and conditions in the official minutes and any recorded commitment documents.