St. Joseph County board approves variances for Hawthorne Road house addition, 5–0

The St. Joseph County Area Board of Zoning Appeals on Nov. 12, 2025 voted 5–0 to grant two variances allowing an addition at 61069 Hawthorne Road after hearing staff analysis, testimony from the petitioner and a neighbor, and board discussion.

Fariel Sharif of the Area Plan Commission told the board the 0.71-acre property contains a home built in the 1940s and that staff recommended denial mainly under "criteria 3" (practical difficulty), saying alternatives—including an addition at the rear or to the south or treating adjacent farm field as common ownership—might avoid the need for variances. "Staff does recommend denial mainly on criteria number 3," Sharif said.

Petitioner David Bueter, who said he is seeking to purchase the family property and would not complete the purchase unless the variance is approved, described constraints he said make other options infeasible. "I won't purchase it unless this goes through," Bueter said, explaining that the septic location and interior layout make a south or rear addition prohibitively costly and that he plans to reuse part of an existing 45-by-27 structure and add roughly a 40-by-60 addition including a garage.

The variances granted were: (1) a north side-yard setback of 1 foot where 30 feet is required for a primary structure (section 154.092, subd. d), and (2) a front-yard setback of 65 feet where 75 feet from the center line is required for a primary structure. Sharif noted a neighboring house on a 1.25-acre parcel to the north and an existing encroaching accessory structure with a maintenance easement; staff said further reduction in separation between primary structures could affect that property's value.

John Bueter, who lives at 61051 Hawthorne Trail and is the petitioner's uncle, spoke in favor, saying the older house sits where it does because it was built under earlier standards and "I have no problem living right beside him." Board member Lance Rausch argued the site constraints and septic location make alternatives impractical and moved to approve both variances "as written." Dr. Lauck seconded; the motion passed with all five members voting yes.

Votes at a glance - Variances for 61069 Hawthorne Road: motion by Lance Rausch; second by Dr. Lauck; vote 5–0 (Yes: Tom Byers; Mr. Schaffer; Dr. Lauck; Lance Rausch; Mr. Tavernier). Outcome: approved. Notes: Staff recommended denial under practical-difficulty criteria; board found practical difficulty based on testimony and site constraints and said it will issue written findings of fact. - Findings of fact (as presented): motion by Dr. Lauck; second Tom Byers; vote 5–0. Outcome: approved. - Minutes (Sept. 10 and Oct. 8, 2025): motion by Dr. Lauck; second Tom Byers; vote 5–0. Outcome: approved. - 2026 meeting calendar: motion by Lance Rausch; second Dr. Lauck; vote 5–0. Outcome: approved.

What the decision means The board's approval allows the Bueter plan to proceed subject to any building permits and the board's forthcoming written findings of fact. Staff had argued the property owner could pursue alternatives that would avoid a variance; the board nevertheless concluded the petitioner demonstrated practical difficulties tied to septic placement, interior layout and parcel configuration.

Procedural note The board opened and closed the public comment period during the meeting; no written appeals or conditions were recorded on the record at the time the board voted. The board stated it will issue written findings of fact following the approval.

Next steps The board will issue written findings of fact; the petitioner must pursue the normal permitting processes with county staff and comply with any conditions in those findings.