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Kokomo Board of Zoning Appeals approves front-yard setback variance for Cherry Hill Lane homeowner

Kokomo City Board of Zoning Appeals · May 6, 2026
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Summary

The Kokomo City Board of Zoning Appeals on May 5 approved a variance allowing a 26-by-36 attached garage at 1401 Cherry Hill Lane, finding the petitioner demonstrated a practical difficulty due to the corner-lot configuration; staff said the home is a legal nonconformity and the addition will not harm public safety or neighboring property values.

The Kokomo City Board of Zoning Appeals voted May 5 to approve a variance allowing a 26-by-36 attached garage at 1401 Cherry Hill Lane.

Michael Horton, the petitioner and owner of the property, told the board the addition "will not be injurious to public health, safety, morals, or in general welfare of the community" and said the garage would match the existing house. Horton told the board the house sits on a corner lot and that "strict application of the terms of this zoning ordinance will result in a practical difficulty," arguing there is no buildable area that complies with the 25-foot front-yard setback requirement.

City staff member Scheelein recommended approval in a staff report, noting the home, built in 1969, is a legal nonconforming structure and that granting this single variance would not adversely affect neighboring properties or obstruct required vision clearances. After brief questions from board members about driveway use and building height, the board approved the motion by voice vote.

During questioning, Horton said he will use the existing driveway, intends to extend the driveway but "it won't go past 50 feet," and estimated the new garage height at about 12 to 15 feet compared with the house at about 17 to 18 feet. No members of the public spoke for or against the petition.

The board adopted the petitioner’s findings as the board’s findings and approved the variance. The meeting then moved to the next agenda item.