Board sends unfavorable recommendation on apartment above detached garage at 920 E. Cleveland Ave.

The City of Hobart Board of Zoning Appeals voted 4-0 on May 7 to recommend that the Common Council deny a request to legalize an existing apartment above a detached garage at 920 E. Cleveland Ave.

John Young, who said he purchased the property in 2021, told the board the house was marketed with an apartment over the garage and that a county record did not reflect the unit. ‘‘When we had the appraisal done in connection with selling the house, it was found that the county did not have record of the apartment,’’ Young said, according to the record. He added he had observed someone living in the unit during pre-purchase inspections.

Neighbor Jamie Harris said he came to the hearing to learn more and said he would have objected had he known the unit was being used as a rental that overlooks his yard. Building Official Felix Perry said no permits or inspections had been obtained for the apartment, but that his inspection after the filing showed no obvious problems.

Board members expressed concern that approving the variance would open the larger R-3 lots in that neighborhood to similar conversions. Chairman Stuart Allen said the potential for that precedent was problematic. Board member Kreg Homoky moved for an unfavorable recommendation to the Common Council; Mr. Ron Jackson seconded the motion. The motion passed unanimously, 4-0.

Zoning Administrator Connor Miller told the board the Indiana legislature passed a housing law earlier this year that would legalize accessory dwelling units in residential zones starting July 1, but members said they must base their decision on the current local code. The board’s unfavorable recommendation directs the question to the Common Council for final action.

Next step: The item will be considered by the Common Council; the board’s recommendation is advisory.