After debate and public comment, Fishers BZA narrowly approves columbarium variances for Christ the Savior Lutheran Church

Following presentations from church representatives, a landscape architect, and staff, the Fishers Board of Zoning Appeals approved two variances that allow columbaria structures in a memory garden area at Christ the Savior Lutheran Church, 10500 East 126th Street.

Representatives described the request as narrow: the church seeks permission for two prefabricated columbaria structures (each roughly 50 sq ft footprint, about 6 feet tall) located well inside the property’s memory garden area and separated from neighboring residential lots by more than 200 feet. Attorney/planner Kevin Bucheit emphasized that the filings were advertised under the 'cemetery' use in the UDO only because columbaria are listed under that definition, but that the church’s intent is limited to columbaria and expressly excludes ground burials or mortuary services.

Grace Wiley, planner for the City of Fishers, told the board staff received three public comments (two consolidated) including written support from Wendy Johnson and opposition from Sandra and Robert Bennett, who live nearby and raised concerns about property values, potential for future expansion to full cemetery use, and perceived health impacts. Sandra Bennett told the board, “I don't want a buyer to walk away from my house because they can look out and see a cemetery in my backyard.” Petitioners responded that required setbacks and design intent would limit visibility, that the columbaria would be integrated into a larger, landscaped memory garden, and that the church would accept several conditions.

After an initial motion to deny both petitions failed, the board voted item-by-item. VA-25-27 (land-use variance to permit columbaria in an R-3 district, limited to columbaria) was approved with staff-recommended conditions by a 3–2 roll call. VA-25-28 (allowing construction of the columbaria without a perimeter wall/fence) was approved separately 3–2; the approval language for the footprint was made flexible to allow the final design to be “substantially similar” to the application rather than strictly identical. The conditions applied to both approvals were: (1) recording the approval letter and related documentation with the Hamilton County Recorder’s Office; (2) requiring landscape elements to be native species per Fishers’ planting guide (staff-recommended); (3) tying the variance to use as a place of worship unless otherwise approved by the Department of Community and Economic Development; (4) prohibiting expansion of the columbarium footprint beyond the approved plan (with a ‘substantially similar’ allowance for final design on VA-25-28); and (5) requiring that if the property ceases to be used as a place of worship, all human remains be removed from the property.

Board members divided on the petitions during discussion; the meeting record shows final roll-call approvals by narrow margins. The conditions and the recording requirement are intended to limit future expansion and to provide an administrative record for enforcement if the use changes. The petitioner indicated willingness to accept the recommended conditions.