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Board denies floodplain variance for Beachwood Avenue property, cites National Flood Insurance Program risk
Summary
The board denied a variance to keep first-floor and garage elevations below the county/state required freeboard; staff warned the county risks losing participation in the National Flood Insurance Program if it approves variances that conflict with federal/state elevation rules.
The Kosciusko County Board of Zoning Appeals denied a petition from a property owner on Beachwood Avenue seeking a variance to leave the lowest floor and an attached garage below the county’s adopted freeboard elevation. The request concerned a house whose first-floor and garage elevations were measured below the county’s required elevations under the National Flood Insurance Program (NFIP) and Indiana’s adoption of a two‑foot freeboard.
County staff explained that the house is in the FEMA floodplain and that the state requires two feet of freeboard above base flood elevation. The county’s floodplain program participates in the NFIP; staff cautioned that granting variances that do not meet the NFIP/state criteria can place the county’s continued participation at risk, which would make federally backed flood insurance unavailable to county property owners.
The property owner, Michael Carr (identified on the record as the petitioner), said he purchased the house in foreclosure and has invested in rehabilitation. He told the board that bringing the house up to the required elevation would be cost‑prohibitive and described the local mapping and historic conditions as inconsistent at the street level.
Board members noted the possible significant consequences of approving a variance that conflicts with NFIP/state requirements and emphasized the county’s obligation to follow state and federal rules to preserve NFIP participation. One board member moved to deny the variance; the motion was seconded and carried by voice vote.
Why it matters: Denial preserves the county’s alignment with NFIP/state flood elevation standards and avoids a potential threat to the county’s ability to participate in the national flood insurance program. That program’s availability affects mortgageability and insurability for many property owners in flood‑prone areas.
Next steps: The petitioner may pursue elevation work to bring the structure into compliance, seek alternative mitigation measures allowed by the ordinance, or appeal the board’s decision to the appropriate court. The board advised the petitioner to consult county staff about technical options and the permitting path.
