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Board OKs landscaping relief for Oak Road contractor yard despite staff objection on north/west buffer
Summary
The St. Joseph County Area Board of Zoning Appeals granted two variances for a contractor yard at Oak Road and State Road 2, approving relief from a parking-area screening requirement and, controversially, from a Type 2 landscaping buffer along north and west lot lines despite staff recommending denial of that second variance.
The St. Joseph County Area Board of Zoning Appeals voted Sept. 11, 2024, to grant variances sought by Jeb Properties LLC for a roughly 5-acre contractor yard at the corner of Oak Road and State Road 2.
Area Plan staff recommended approving relief from required parking-area screening along frontages but recommended denying a second request to waive the Type 2 landscaping buffer (a double staggered row of evergreens) along the property’s north and west lot lines because those buffers protect adjacent residential uses. Staff noted the parcel was rezoned in 2022 for commercial contractor use on the understanding that required landscaping would be provided.
In testimony, the petitioner’s architect, Chet Gamble, described site constraints including a roughly 4-foot berm and an on-site stormwater retention area that, he said, make planting and maintaining evergreens along the north and part of the west lot lines difficult. Gamble offered three options: rely on the berm and hydroseeded plantings for screening, enter a perpetual agreement that would obligate the owner to plant mandated trees in the future if adjacent trees are removed, or negotiate an easement or purchase with the north neighbor. He said planting trees directly atop the berm now would likely fail because of shading and maintenance challenges.
Property owner John Wiebe testified he did not propose the change out of cost savings but out of concern that newly planted trees would not survive; he said many trees originally on the site had been removed during clearing and asked the board for a practical solution that would provide effective screening while ensuring plantings survive.
Board member Lance Rausch moved to approve both variances subject to the submitted site/landscape plan; the motion was seconded and, after discussion, the board approved the variances. One member (Mister Tavernier) said he would vote no because he was concerned about enforcement and who would police future tree removal. The chair announced written findings of fact will be issued.
Why it matters: staff opposed waiving the Type 2 buffer along lot lines that abut residential zoning, citing potential adverse effects on residential property values and health, safety and welfare. The board’s decision relieves the petitioner of a landscaping requirement that staff and the prior rezoning process had expected to be met.
What’s next: the board will issue written findings of fact outlining its rationale; any enforcement or future compliance will rely on the conditions the board attaches and on follow-up by county staff.
