Hearing examiner approves Twelfth Street plat, denies stream‑corridor variance for Pogue’s Run

The hearing examiner granted a front building line variance and approved the subdivision plat for the replat of Lot 29 of Milligan’s Park Lane (proposed 3 lots) at 1527 East Twelfth Street, but denied a second variance that would have allowed development inside the 60‑foot stream protection corridor measured from the top of the Pogue’s Run bank.

Attorney Paul Lambie and developer Micah Hill of Compendium Group said the site’s depth (about 400 feet) and existing mature trees create a practical difficulty if the strict 60‑foot corridor is applied. Lambie said the project team revised plans after receiving a Marion County Soil and Water Conservation District recommendation for a 25‑foot buffer; the petitioner proposed to preserve the trees along the east bank and limit building encroachment to meet that 25‑foot buffer.

Staff and several neighborhood commentators opposed waiving the 60‑foot protection. Planning staff recommended denial of the stream protection variance on the record, arguing the applicant could build three homes without encroaching into the 60‑foot corridor and that the corridor itself did not create the statutory “practical difficulty.” The Windsor Park Neighborhood Association provided conditional input and did not reach consensus on the corridor waiver; Soil and Water recommended a 25‑foot buffer and preservation of trees, which the petitioner accepted.

The examiner’s rulings

- Denied 2024 CVR 855(b) — variance to encroach into the 60‑foot stream protection corridor. - Granted 2024 CVR 855(a) — variance for an extended front building line for the single‑family residence on proposed Lot 3 (approximately 210 feet setback), subject to findings and the submitted plan. - Approved 2024 CPL 855 — the three‑lot plat, finding the plat file dated 03/19/2025 complies with subdivision standards subject to the 12 conditions in the written staff report.

Why it matters

Pogue’s Run is a locally significant waterway where stream‑protection rules aim to limit erosion and runoff. The examiner allowed a design solution that preserves tree buffers and typical urban frontage patterns for two lots while protecting the corridor to the degree staff and Soil & Water recommended.

Implementation notes

The denial of the stream‑corridor variance prevents buildings from being placed within the 60‑foot corridor; the approved plat and front building variance permit the developer to build as shown on the approved site plan, subject to the staff conditions attached to the plat approval.