APC approves Braun Mine minor subdivision, grants variances for existing house with conditions

The St. Joseph County Area Plan Commission on a unanimous vote approved the Braun Mine minor subdivision (APC 3059-24), granted two variances for an existing house and approved a waiver for continued driveway access, subject to written commitments and health‑department conditions.

Ariel Sharif, Area Plan Commission staff, told commissioners the petition would split a roughly 47.51‑acre parcel in Lincoln Township into one building lot and one outlot, leaving the larger acreage in farming use. The petitioners requested two variances from St. Joseph County development standards: a lot‑area variance to allow a proposed Lot 1 of about 1.5 acres where 20 acres is normally required, and a front‑setback variance to allow an existing house 11 feet from the new right‑of‑way where the agricultural district requires 40 feet.

Staff recommended approval of the variances and the subdivision, but asked that approval be tied to written commitments. One commitment would bar replatting Outlot A in the future to create additional buildable lots. The other would allow the existing house to remain in its current location but require any new structure after demolition of more than 50% of the house to meet the 40‑foot front setback. Staff also recommended approval of a waiver to allow continued access across a standard non‑access easement, subject to any INDOT approval.

In public comment, Sandy Eich, a former resident of the house at 6737 East State Road 104, described the property as a long‑held family farm and said the owner wishes to sell the house parcel but keep the farm in family ownership. "The farm has been in my family for 30 plus years," Eich said, adding that she supports the split so the house can be sold and the farm preserved. Joe Clemens, a prospective buyer who appeared by Zoom, said he intends to remodel the house and “do the necessary repairs” to satisfy the health department. Opposing comment came from Ron Wolf, who questioned whether granting variances under a 20‑acre standard would be fair to others who purchased larger acreages to comply with that rule.

Petitioner representative Chris Gadlewski of Abbot Marsh Consultants said the owners plan to sell the house parcel to a neighbor, keep Outlot A in agricultural use “in perpetuity,” and comply with health‑department requirements for the septic system.

Commissioners voted to approve the variances “subject to the written commitments outlined in the staff reports.” The roll call recorded votes of: Mattsett — yes; DJ Tavernier — yes; Dr. Thacker — yes; Derek Dieter — yes; Tom England — yes; Adam Devon — yes. The waiver for continued access was approved by roll call on the same consent of members. The commission then approved primary subdivision approval for APC 3059‑24 “subject to the requirements of the health department,” after members agreed that final secondary approval would require the health‑department conditions be met.

The commission’s approvals were narrowly procedural: the lot‑area variance was conditioned on a written restriction preventing Outlot A from being replatted into additional buildable lots; the front‑setback variance will terminate if more than 50% of the existing structure is demolished, at which point any new building must meet the 40‑foot setback. The health department’s recommendations remain as conditions to be satisfied before final plat recording and secondary approval.

Votes at a glance

- APC 3059‑24 (Braun Mine minor subdivision): subdivision approved subject to health‑department conditions; waiver for continued access approved; variances approved subject to written commitments. (Roll call: Mattsett, Tavernier, Thacker, Dieter, England, Devon — all yes.)

Ending

The approvals allow the seller and prospective buyer to proceed with plans to repair or replace the septic system and for the buyer to remodel the existing house; staff and the health department will monitor compliance before the commission will grant final plat recording or secondary approval.