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BZA continues request to expand nonconforming twin‑residence property; petitioner to return July 1

Board of Zoning Appeals, Town of Zionsville · June 1, 2026
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Summary

A petitioner seeking permission to enlarge a legally established nonconforming site that contains two primary residences asked for an approval to attach a large garage; staff opposed the use variance on several grounds and the board voted to continue the item to July 1 to allow further review and clarified plans.

The Board of Zoning Appeals continued a request to enlarge a legally established nonconforming use at 10 South 6th Street after a late submittal of revised plans and an extended technical discussion.

Staff advised that while the site contains two primary residences that predate the town’s zoning rules, the proposed enlargement would expand a nonconforming use in a way the code generally prohibits. Staff’s review found the petition did not meet two of five required use-variance findings — specifically, they concluded the need for the enlargement appeared self-created and ran counter to the comprehensive-plan guidance for the village residential area.

Designer Todd Rottman and property owner Courtland Jackson presented revised plans received by staff that afternoon showing the proposed garage as attached and of reduced height; they committed to submit building-permit plans that would comply with village development standards or return for additional variances if deviations remain. Several board members said they wanted more time to review the revised drawings and suggested potential conditions (for example, restrictions on converting the new space into an independent dwelling), and the board voted unanimously to continue the item to the July 1 meeting so staff and the petitioner could refine documentation.

Staff and the petitioner agreed the applicant will file building plans that either comply with development standards for an attached addition or return to BZA with any needed standards variances.