Schererville BZA approves variances to legalize two 16‑unit buildings on Morningside Drive

The Schererville Board of Zoning Appeals on Tuesday approved a package of variances to legalize two existing 16‑unit apartment buildings in the Harvest Manor subdivision, clearing a hurdle for the current owner’s planned sale.

Petitioners representing Morningside LLC said the buildings at 2601 and 2633 Morningside Drive predate the town’s R‑3 zoning standards and currently exist as legal nonconforming multifamily structures. "My name is James Huss with DVG Team," the petitioner told the board, introducing attorneys and owners who were present. Attorney Jared Talber told the board a buyer had previously backed out after learning of the nonconforming status and said the owner is now under contract with a buyer contingent on approval of the variances.

Talber provided a revenue rationale: "The current taxes on both buildings are around $18,000 a year," he said, and estimated that if the sale and resulting investments proceed taxes could increase by "between $20,000 and $60,000 a year," per building. Petitioners said the variances would not change the multifamily use of the properties. "We're not changing the use," Talber said. "It's just more apartments." A board member cited Title 21, section 5(e) of the town ordinance, which restricts changing legal nonconforming uses; Talber responded the request recognizes existing unit counts rather than…