Board approves accessory-garage variance with conditions; members split on final vote, item to return next month

The Crown Point Board of Zoning Appeals on May 21 considered petition 26-10, a variance request to allow a two-story accessory structure of approximately 1,650 square feet and about 23 feet in height at 488 Southeast Street intended to provide garage space and an upstairs music studio and storage for the homeowners.

Contractor Joe Nickelman said the existing garage is in disrepair and the proposed building would include a downstairs three-car garage and an upstairs studio used for music storage, not for lessons or commercial activity. Board members pressed whether the upstairs could be converted to a dwelling or rented, and debated the presence of plumbing and enforcement options. Nickelman and the homeowners said they had no intent to rent or operate commercially and agreed to binding conditions to that effect.

After discussion the board conditioned approval on no plumbing on the second floor, no commercial activity and a restriction prohibiting rental of the accessory structure, binding on successors. Mr. Marshall moved to approve petition 26-10 with those staff-recommended conditions; the motion passed on a split roll call (John Marshall yes, Dick S. no, Nick yes) and the board noted the item will be revisited next month when a fifth member is present to ensure a full quorum for final action.

The conditions will be recorded with the property and enforced through permitting; the petitioner must return for further review if required by board rules when the fifth member is present.