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Zoning board continues use-variance petition after notice and measurement issues (Pet. 2605)

Town of Chesterton Zoning Board of Appeals · June 26, 2026
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Summary

Attorney Adam Sword presented petition 2605 seeking a use variance and multiple setback variances; the board flagged notice and overhang measurement issues and continued the petition to July 23 to allow corrected findings, reworded variances, and verified measurements.

Attorney Adam Sword presented Petition 2605 on June 25, seeking a use variance to permit residential use in a B2 zone and multiple developmental-standard variances for setbacks. Sword and staff supplied updated coverage calculations and revised visuals after requests from the board.

Staff and members raised two procedural issues: (1) a municipal office within 300 feet had not received a mailed notice, and (2) there was ambiguity about several overhang measurements that affect advertised variance amounts. The board discussed whether constructive notice applied but concluded the clean course is to correct the advertised dimensions and re-advertise if variances are expanded from those published.

The petitioner agreed to provide clarified findings and updated variance language to Gail by July 6; the board continued Petition 2605 to its July 23 agenda to allow staff to confirm coverage numbers and overhang distances and to ensure proper notice to affected parties.