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MDC approves variance to stream-protection setback at 1527 E. 12th Street over staff objections, 5-1
Summary
The Metropolitan Development Commission approved a variance reducing the stream-protection setback from 60 feet to 25 feet at 1527 East Twelfth Street (Windsor Park) by a 5-1 vote after petitioners argued the strict setback would render one lot effectively unbuildable.
The Metropolitan Development Commission on July 2 approved, by a 5-1 vote, a variance allowing a reduced stream-protection corridor setback at 1527 East Twelfth Street (docketed as 2024 CVR855B), enabling construction of homes on a newly platted three-lot subdivision in Windsor Park.
Petitioners, represented by land-use consultant Paul Lambie, asked the commission to reduce the ordinance’s 60-foot setback for a Category 1 stream (Pogue Run) to 25 feet for the project so that two of the proposed lots could be built with fronts along Twelfth Street. Lambie and builder Micah Hill told the commission that without relief one of the three lots (Lot 2) would be forced into an impractically deep front setback (roughly 170–200 feet), leaving the lot effectively unusable for the single‑family development pattern intended.
Why it matters: The property, roughly two acres, includes Pogue Run along its western boundary. The stream-protection corridor standard is intended to preserve waterway and bank condition; staff argued the requested reduction would encroach about 35 feet into the 60-foot corridor and said the applicant could instead adopt a different layout that would allow development without a variance.
Petition and evidence: Paul Lambie said the applicants initially sought and secured a hearing‑examiner variance for the rear lot (Lot 3) to sit farther back so the owners could retain and maintain the deeper parcel. Lambie said the petitioner submitted an alternate layout to staff that staff interpreted as proof that developing without a corridor variance was feasible; Lambie said that view conflated feasibility with the legal standard of “practical difficulty.”
Builder Micah Hill, who has experience building in the neighborhood, said the proposed plan places two homes at the street frontage in a pattern consistent with nearby properties and preserves mature trees along the stream bank. Hill said the site historically contained a house at the Lot 3 location and that the project aims to avoid removing old-growth trees while preserving the neighborhood fabric.
Staff position and environmental considerations: Department of Metropolitan Development staff recommended denial, arguing the applicant’s layout choices created the hardship and that an alternate layout could preserve the stream corridor while allowing buildable lots. A staff speaker read the ordinance’s Category 1 definition, which characterizes Category 1 streams as perennial channels where aquatic organisms are normally present; staff noted Pogue Run is listed as a Category 1 stream in the ordinance. Petitioners countered with a letter from the Marion County Soil and Water Conservation District supporting a 25-foot setback for the project and submitted eight neighborhood letters of support.
Vote and outcome: After discussion and questions about runoff, tree preservation and construction erosion control, the commission cast six ballots: five in favor and one opposed. The clerk announced the tally as six ballots cast, five yes votes and one no vote; 2024 CVR855B was approved. The petitioners agreed to erosion‑control measures and other standard construction stormwater commitments described in their packet.
