Board of Zoning Appeals issues mixed rulings on eight variances, denies Saint Pius sign request

The St. Joseph County Area Board of Zoning Appeals took up eight petitions on Aug. 14, 2024, issuing written findings or forwarding a recommendation to the County Council where required.

The board approved a 6‑acre lot split at 31031 Underwood Road, granting the requested lot‑area variance 4–3 after the first motion to deny failed and a second motion to approve prevailed. Fariel Sharif, area plan commission staff, had urged denial on the grounds that the county's agricultural minimum lot standards protect farmland and that the application did not show a unique hardship. The petitioner, Alan Walbert, said much of the 50.6‑acre parcel is wooded and that the proposed 7‑acre buildable lot would avoid a larger loss of farmland if annexation were pursued instead.

Saint Pius Church in Granger asked the board for three sign variances along State Road 23 — a monument sign sized at 138 square feet where 64 is allowed, a height of 15 feet 5 inches where 8 feet is permitted, and a second sign on the same frontage. Carl Brown Grimm, APC staff, recommended denial, noting a prior variance two years earlier and questioning the practical difficulty the church described. Anthony Pericini, representing Saint Pius, and Monsignor Michael Hines said the church is growing and that the sign would improve safety and wayfinding. Councilman Dan Chantsel and two parishioners urged flexibility, but several board members emphasized precedent and a verbal understanding recorded in earlier minutes. The board voted 6–1 to deny the sign variances; the board chair said written findings will be issued.

Other petitions approved on the record included:

- A side‑yard variance at 15289 Kerlin Drive to allow a 6‑foot side setback for a garage addition (unanimous approval). Staff said the lot width and house design justified a minor reduction to accommodate an attached garage.

- A front‑loading dock variance at 13644 McKinley Highway for an existing commercial building, supported by staff and approved after the petitioner explained operational constraints for semi‑trailer deliveries.

- A special‑use recommendation and tied parking variance for an indoor private recreational facility at 55801 Evergreen Plaza Drive (private courts). Staff recommended that the variance be conditional on County Council approval of the special use; the board forwarded a favorable recommendation and approved the parking variance conditioned on council action.

- A variance to legalize a sign cabinet at a hotel on State Road 933, approved subject to staff conditions and any required coordination with INDOT/right‑of‑way agreements.

- A 15‑foot accessory barn setback at 10905 Martindale Road was approved after the petitioner described topography and turnaround needs; staff had recommended denial because the strict application of the ordinance appeared feasible but the board voted to grant relief.

- Three variances for the Razor 5 / Amazon Data Services site on State Road 2 (allowing front‑facing loading areas and a reduced western‑boundary overlay buffer) were approved. Staff and counsel for the petitioner described constraints of the campus layout and concluded the loading areas would be set back and screened; the board approved the variances using the staff report as findings.

Board members repeatedly noted the distinction between discussion and formal action: where a special use or county permitting is required, the board either issued a recommendation to the County Council (the CS Realty private park) or conditioned variances on later council approval as appropriate.

Quotes that capture the debate include staff’s summary of the church sign petition: “We do recommend denial on the grounds of practical difficulty” (Carl Brown Grimm). The petitioner’s reply emphasized growth and visibility: “Saint Pius continues to grow and expand … increasing activity has caused much increased traffic” (Anthony Pericini). Monsignor Michael Hines added, “more traffic goes by that church on 23 than on Fir,” underscoring the petitioner’s safety and wayfinding argument.

What’s next: the board said it will issue written findings of fact for granted and denied variances; the CS Realty special‑use will proceed to the County Council for final action. The meeting also approved updates to the board’s rules of procedure (reducing public‑comment time from five minutes to three in the redline/clean versions) and adjourned after approving minutes and findings from earlier meetings.

Actions and vote tallies (summary): - Petition 1 (31031 Underwood Rd, lot‑area variance): approved, yes 4 / no 3. - Petition 2 (52553 Furr Rd, Saint Pius sign variances): denied, yes 6 / no 1 (motion to deny passed). - Petition 3 (15289 Kerlin Dr, side‑yard garage addition): approved, unanimous (7–0). - Petition 4 (13644 McKinley Hwy, front loading dock): approved, unanimous (7–0). - Petition 5 (55801 Evergreen Plaza Drive / 12961 McKinley Hwy, private indoor courts; parking variance): special‑use recommended to County Council (favorable) and parking variance approved (motion tied to council approval). - Petition 6 (653995 State Road 933, hotel sign cabinet setback): approved, unanimous (7–0), subject to staff conditions and ROW/INDOT coordination. - Petition 7 (10905 Martindale Rd, accessory barn side setback): approved, yes 5 / no 2. - Petition 8 (31100 State Road 2, Razor 5 / Amazon data center variances): approved, yes 6 / no 1.

The board said it will prepare written findings for the record and, when appropriate, forward materials to the County Council for final determinations.