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Board OKs variance to let McDaniels live on site while new house is built

VCA (local zoning board) · December 23, 2025
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Summary

The board approved a variance allowing a new single-family house to be built while an existing, termite-damaged dwelling remains temporarily. Approval was conditional on permits and a removal timetable discussed by the board.

The VCA approved a variance for Brian McDaniel that allows construction of a replacement single-family dwelling while the existing dwelling remains temporarily on the lot.

Staff reported that the property is zoned agricultural, has existing access to Lerch Road, and is not in a floodplain. Brian McDaniel and owners David and Tina McDaniel testified that the existing dwelling is termite-damaged and they need temporary housing while constructing the new house. The applicant estimated roughly six months to complete the new house; board members discussed removal timelines and whether conditions should require removal within a set period after occupancy.

Board member Mike Mason moved to approve the variance, reciting findings of fact required under the Warrick County comprehensive zoning ordinance, including that the variance would not be injurious to public health or materially detrimental to adjacent properties and that the hardship arises from conditions peculiar to the property. The motion included conditions: obtaining an improvement location permit and building permit, ensuring property compliance with Warrick County ordinances, and removing any risks to existing residents within an agreed timetable. During discussion, the timeline ranged between six months to twelve months for removal depending on occupancy and weather.

The motion was seconded and the chair announced the motion carried. The board instructed the applicants to secure required permits and to coordinate inspections and timelines with staff.