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BZA approves setback variances for new house at Cedar Beach (5900½ N Center St)
Summary
The Whitley County Board of Zoning Appeals approved a development‑standards variance allowing a larger replacement home and modest setback encroachments at Lot 14, Cedar Beach (5900½ N Center Street). The board cited small historic lot constraints and noted mitigation such as a required fire‑rated wall.
The board approved a development‑standards variance to allow construction of a new two‑story, 28‑by‑36‑foot residence at 5900½ North Center Street in the Cedar Beach area.
Planning staff described Lot 14 as one of the smallest in the Tri Lakes area, noting historic subdivision lotting and that modern construction often requires modest adjustments to setbacks. Staff said shifting the proposed home slightly northward would still leave the structure short of the code minimum in at least one side setback but would reduce nonconformity on another side. Staff noted the Lakeside front setback would not be made fully compliant by averaging and described alternative design choices, such as narrowing the house by about two feet, that could avoid a variance.
Petitioner Michael Mast said the existing dwelling has structural issues and a failing foundation; he intends the new home as his retirement primary residence and said the proposed replacement is no closer to the lake than the existing structure. Neighbor Philip Anger asked for clarity on side‑setback distances; he expressed concern that multiple variances (three sides) were being requested but indicated he was not categorically opposed if protective measures (for example, a double fire‑rated wall) were used.
After public comment and discussion of lake‑lot constraints, a motion to approve 26W Variance 1 was made and seconded; the board voted to grant the variances unanimously.
The approval includes the findings that the lot’s historic size creates practical difficulties for modern construction and that the proposed design reduces nonconformity in some respects while requiring minor encroachment in others. The transcript records discussion of possible code clarifications for lake lots and a staff note that prospective code changes may be considered in coming months.
