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Neighbors challenge ADU at 1746 East Beardsley; BZA fails to reach unanimous decision, tables the case
Summary
Neighbors, stakeholders and a city councilman urged the Elkhart BZA to revoke or deny a use variance for a detached ADU at 1746 East Beardsley, citing notification failures, neighborhood character and setback concerns; the board did not achieve the unanimous vote required by its three-member quorum and the matter is scheduled for reconsideration.
A petition to allow a detached accessory dwelling unit (ADU) at 1746 East Beardsley dominated the Elkhart City Board of Zoning Appeals' Feb. 21 special meeting, drawing sustained public opposition, legal and procedural questions and a split board that left the case unresolved.
Petitioner Nicole Hogan Dobler told the board she had already paid to install the unit for her mother and described the hardship: "My mom has chronic health conditions that are going to worsen over time and require to have more assistance as she ages," she said, explaining why proximity for family care drove the request. Staff described the requested use variance as allowing a 748-square-foot detached ADU that would be secondary to the main dwelling, would share utility connections with the primary residence, and would be subject to a deed restriction requiring owner-occupancy of the primary structure and prohibiting future subdivision of the lot. Staff recommended approval with conditions, and added a supplemental requirement that the homeowner provide a survey…
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