Commissioners deny request for standing Saturday garage-music variance in Elkhart County

Carmen R. Posey asked the Elkhart County Board of Commissioners on May 4 for permission to play amplified music in his garage from 8 p.m. to 11 p.m. on Saturdays, saying he hosts local karaoke singers and community gatherings and did not want repeated officer responses or a $500 citation. "I just want to know that we have permission to do such and not be having to take law enforcement out of their job that's more important than turning my radio down," Posey said.

A commissioner told Posey that the county’s noise ordinance exists to protect neighbors and that a blanket, standing exemption for every Saturday would effectively create a new rule rather than a variance. "I might be inclined to approve a one-time variance, not multiple, because then it's more a rule than a variance," the commissioner said.

Board members discussed that while parties are allowed, the ordinance prohibits sound that crosses a property line and that officers must enforce complaints they receive. Staff and commissioners also noted neighbors and subdivisions near Posey’s property and the need to balance celebrations with residential expectations. Posey said officers had warned him previously that playing music beyond property lines could trigger a $500 ticket; he said he was trying to remain in compliance.

After discussion, a commissioner moved to deny the requested blanket variance and a seconded motion passed unanimously. Commissioners told Posey the board would consider specific, date-limited variance requests brought back to the agenda rather than approve a recurring exemption.

The board’s action was procedural: no change to the county noise ordinance was made, and the denial preserves enforcement under the existing ordinance. The public record indicates petitioners may return with single-date requests or provide additional information for individual permits.