Elkhart City zoning board unanimously approves variances and revokes outdated 2022 use variance

The Elkhart City Board of Zoning Appeals approved five variance requests and revoked an earlier 2022 use variance during its Feb. 12 meeting, with each motion passing unanimously under a three-member quorum requirement.

The board approved developmental variances for Poly Properties LLC at 345 Country Club Drive to legalize an 18.5-foot rear-yard setback where 20 feet is required and to allow a 0-foot driveway setback where 6 feet is required. Ben Stanley, a surveyor representing the petitioner, told the board the property has been used as a business office since 2017 and the request formalizes an existing layout tied to an earlier expansion. Staff recommended approval, citing no apparent harm to adjacent uses and seven findings of fact supporting the relief. A motion to approve the case (26BZA-03) adopted petitioner materials and staff findings and passed by roll call (Lindley: Yes; Newbill: Yes; Lightman: Yes).

The board granted a use variance to allow a private club or lodge at 2111 Casopolis Street for a Masonic group seeking to relocate from Industrial Parkway. Jason Abel, representing the owners Joseph and Catherine Livings and members of Terrain Lodge No. 12, said the building will be used for evening meetings and occasional Saturday mornings. Staff reported the building is vacant, on-site parking is sufficient, interior remodeling is planned, and recommended approval with conditions requiring building permits; 13 mailed notices produced no returned responses. The board approved the use variance (26UV-03) and adopted the staff findings by unanimous roll call.

For a residential infill at 1620 South 9th Street (26BZA-04), the board approved multiple variances to permit construction of a two-story single-family dwelling on a constrained parcel: reductions to side, rear and front setbacks (one-foot variances) and a ground-floor area reduction (540 sq. ft. allowed vs. 600 required). Hugh Williams, representing petitioner Melinda McCarrie, said the proposed house matches nearby two-story homes and helps fill vacant lots. Staff noted the requested standards align with anticipated UDO revisions and recommended approval; the motion passed unanimously.

The board also approved a use-variance and related developmental variances for a property owned by America Rivera (26UV-04) to allow an existing structure in a B-3 district to be used as a single-family dwelling and to legalize three accessory structures after zoning enforcement cited an unpermitted 13-by-24 sun shelter placed six inches from the property line. Brenda Belkazar, speaking for the owner, described the need for secured storage and privacy for family members. Staff recommended approval with conditions requiring submittal of zoning and building permits; the board adopted the staff findings and approved the request unanimously.

Separately, the City of Elkhart asked the board to revoke a 2022 use variance (case 22UV01) that had permitted a recreational-vehicle finished-goods storage lot on a vacant lot on Wade Drive. Staff explained the revocation is not a zoning change but an administrative cleanup because the property was redeveloped and a different user obtained new approvals in December 2025; the revocation (26REV-01) was approved by unanimous roll call. Neighbor Darlene Stevenson spoke during public comment to urge caution, saying she is "not opposed to the storage per se" but concerned about permanently changing permitted uses and future impacts on safety and property values; staff responded that the action merely removes an outdated variance and that buffering and technical review for the new user will follow.

All motions during the meeting required and received unanimous votes because the board was operating with a three-member quorum; each recorded roll call showed Lindley, Newbill and Lightman voting in favor. Staff consistently recommended approval on the cases presented and noted mailed notice counts for each petition (16, 13, 34, 30, respectively, with the numbers of returned responses given in each staff report). The board closed by hearing no additional staff items and adjourning the meeting.

Votes at a glance - 26BZA-03 (Poly Properties LLC, 345 Country Club Drive): approved; variances: rear-yard 18.5 ft (20 req.), driveway setback 0 ft (6 req.). - 26UV-03 (Joe Inc./Joseph & Catherine Livings, 2111 Casopolis St.): approved; use variance for private club/lodge (Masonic Lodge). - 26BZA-04 (Melinda McCarrie, 1620 S. 9th St.): approved; multiple setback and ground-floor area variances for infill house. - 26UV-04 (America Rivera, South Main St.): approved; use variance to permit single-family dwelling in B-3 and variances for accessory structures. - 26REV-01 (City of Elkhart revocation of 22UV01, Wade Drive): approved; revocation of 2022 use variance (administrative record cleanup).

What happens next: approved variances that require permits were noted as contingent on submittal of required zoning and building permits and any technical-review conditions; the board did not schedule further hearings for these approved items at this meeting.