Boone County board approves four variances and one special exception; permits and technical comments required

BOONE COUNTY — The Boone County Board of Zoning Appeals on a single night approved a special exception and three variance requests for accessory structures, with staff conditions requiring technical-advisory comments be addressed and local permits obtained.

Nicole Shell, county planning staff, read the petitions and summarized technical-advisory committee findings for each application, noting in every case that applicants must address department comments before final permits are issued. She said the health department required a new septic or verification of existing septic locations where applicable and that several projects must obtain drainage permits and local building permits.

The board approved petition 26 WA-7-005, a staff-recommended special exception for an approximately 800-square-foot accessory dwelling unit at 5501 Evans Road that would place about half the living area within an existing accessory structure. Petitioner Matthew Roseman said the unit is being built “for my parents.” Shell said the health department requires a new septic system for the project and the septic must outlet to Prairie Creek; the highway department required a driveway permit and planning noted the living space must meet 2020 building codes. The board moved and voted to approve the petition with conditions that T (technical) comments be addressed.

On petition 26 CE-14-020, the board approved a variance to allow a 40-by-64-foot accessory structure larger than the primary residence at 955 East Washington Street. The health department had requested documentation of the existing septic field to confirm required setbacks; the surveyor requested a drainage permit; and planning noted a building permit would be required. The board also recorded that it had received a letter from the Oak Hill Cemetery Association expressing no concerns.

The board approved petition 26 CE-14-023 for Indie Grill, permitting a rear setback reduction to about 13 feet from the rear property line at 4540 E. State Road 32. The planning office told the board that the structure was already in place and that the petitioner should verify foundations and apply for a building permit; because construction began without a permit, an early-bird double permit fee may apply. A representative for Indie Grill, identified in the hearing as Bill, acknowledged the lean-to had been erected to shelter materials while awaiting a larger planned building and said, “we built it in a haze,” and that they will excavate and pour footings and have the inspector verify the work. The board’s approval includes conditions that T comments be addressed and that exterior materials currently stored under the lean-to be moved indoors to meet zoning rules.

Finally, the board approved petition 26 CL-14-031, a variance for Caleb and Whitney Mashi to allow accessory structures larger than the primary residence on a property used by Sugar Creek Malt. Planning staff said the state exempts certain agricultural operations from the state construction-design-release but local commercial building permits still apply; the hearing record noted drainage and driveway permit requirements and that a commercial septic system would be required if restrooms are added.

All four approvals were made through motions and recorded as passed; the hearing record does not show roll-call vote tallies or named seconders for each motion. In each case, staff emphasized that technical-advisory comments (septic, drainage, highway driveway permits, building permits and inspections) must be satisfied before final permitting or occupancy.

The board closed the public hearings after no members of the public approached the podium on these items and moved on to other agenda business before adjourning. Next steps for the approved projects are completion of required permit applications, inspections and any corrective work identified by county inspectors.