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Morgan County BZA approves rear-yard setback variance for Jefferson Township property
Summary
The Morgan County Board of Zoning Appeals voted to approve a development-standard variance allowing a replacement single-family home on a Jefferson Township lot after staff and the county health inspector cleared the septic and recommended reducing the rear setback to 8–10 feet.
The Morgan County Board of Zoning Appeals on May 27 approved a development-standard variance to reduce the minimum rear-yard setback for a home at 716 South State Road 67 in Jefferson Township.
The applicant, John Lenderman, told the board he plans to replace a dilapidated residence with a code-compliant two-bedroom, two-bath home on a roughly 40-by-80-foot footprint and retain the existing septic system. "We've held off on tearing it down until I gain your approval, and then it'll be down tomorrow, more than likely, if approved," Lenderman said.
Staff presented the application and recommended approval, citing the lot's topography, the location of the septic field and road frontage that make strict adherence to the setback impractical. Morgan County environmental health inspector Robert Kinnearham inspected the septic and "determined to be functioning adequately to support a two-bedroom residence," staff said.
A board member moved to approve Petition DDash26Dash05, another member seconded the motion, and the board voted in favor. The board recorded no conditions on the approval.
Board discussion focused on the functional difficulty of situating a new home on the existing lot while keeping an approved septic location and minimizing disturbance to the slope behind the house. Staff emphasized the application satisfied the ordinance's required findings of fact (public welfare, impact to adjacent properties and practical difficulty under the UDO).
The approval permits the applicant to rebuild closer to the lot's rear property line, with staff recommending a reduced setback in the 8–10-foot range. The applicant said demolition of the standing structure was likely to occur immediately following the board's approval.
The BZA did not specify additional permits or conditions in its motion; any building permits or inspections required by county or state agencies must still be obtained before construction begins.
