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Kosciusko BZA denies unpermitted lakeside porch addition, orders setback remedy
Summary
After neighbors submitted video and staff reviewed permit history, the board denied a variance for an unpermitted porch added within the lakeshore setback, finding the change was self‑created and requiring the addition be brought into compliance or removed.
The Kosciusko County Board of Zoning Appeals voted 3–2 to deny a variance requested by the owner of a lakeside property that had an unpermitted enclosed porch extending inside the 35‑foot setback from the water.
Contractor Dane Carpenter and homeowner Rosemary Orr acknowledged the porch was constructed beyond the scope of an earlier permit and apologized to the board. Carpenter said the intent was to add cover for the homeowner and to improve the property; he told the board, “We should have came back, and we apologize.”
Several board members described the situation as self‑inflicted and said the facts complicate the legal finding the board must make for a variance. One member moved to deny, citing the staff comments and concerns about compatibility and effect on neighboring views; that motion carried by a 3–2 vote. The board explained that denial means the structure must be cut back to meet the 35‑foot lakeshore setback or otherwise brought into compliance with county permitting rules.
The petitioner was told they remain responsible for permits and any fines or remediation required under county code. The board also noted the absence of a formal remonstrance filed by neighbors did not prevent neighbors from appearing and testifying at the hearing.
