Boone County BZA approves five variances and special exceptions; one neighbor raises well concerns

The Boone County Board of Zoning Appeals approved five variances and special-exception petitions at its April 1 meeting, clearing requests for additional accessory structures, a minor four-lot subdivision and an accessory dwelling unit across Jefferson, Harrison and Marion townships.

Executive Director Nicole Shell summarized staff findings and conditions for each item, recommending approval in every case provided outstanding technical comments and permitting requirements were satisfied. Among the approvals was petition 26HA-14-036, allowing the cumulative square footage of accessory structures at 6150 South State Road 39 in Harrison Township to increase from 4,000 to 5,000 square feet to accommodate a previously approved accessory dwelling unit and a new accessory structure. Petitioner Nicholas Abrams told the board the new barn is needed for storage of equipment and vehicles.

The board also approved petition 26JE-14-047, allowing a 60-by-80-foot accessory structure on a 12.43-acre Jamestown property with a written condition that the building be used for personal storage only unless reviewed by the executive director. Petition 26MA-14-057 — a setback variance for an accessory structure in Marion Township — was approved with standard conditions (septic/plot plan/drainage/driveway permits as applicable). Petition 26JE-7MD-054, a special exception for a minor residential subdivision on West 50 South near Lebanon that will create four parcels, was approved with standard advisory conditions including plot plans, septic/well requirements and right-of-way/driveway coordination. Staff noted the parcel merge and the nonconforming Lot 4 would be addressed by the variance on that lot.

The board approved petition 26JE-7-056 to allow an accessory dwelling unit attached to an existing barn at 2257 North 600 West in Thorntown; staff said a new septic system, a soil test already completed, a licensed plot plan and a building permit will be required and that the first-floor elevation must meet local standards.

Public comment was limited. Brad Keys, who said he owns a nearby 0.4-acre parcel, said he plans to sell two front lots and keep the woods and described the intended 40-foot access strip. Jody Stewart, a resident at 4548 West 50 South, urged the board to be cautious about additional wells in the area and said she had filed notices to county and state officials alleging overwithdrawal concerns; the chair replied that well permitting and large commercial withdrawals are outside the board’s authority and that the board’s role in the matter is limited.

Each petition was moved, seconded and approved by voice vote; the minutes and all five petitions were approved with conditions noting required permits and that staff comments be addressed before building permits are issued. The meeting adjourned after the votes.

What happens next: approvals are conditional on satisfying staff and advisory comments (drainage, septic, driveway, building permits, plot plans); petitioners must obtain the required permits before construction or change of use.