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BZA allows replacement of nonconforming garage at Homer Avenue property

Elkhart City Board of Zoning Appeals · July 10, 2026
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Summary

The board approved a developmental variance to rebuild a demolished, nonconforming garage at 2901 Homer Ave. at the same footprint (1,152 sq ft) after staff confirmed the original structure's size via survey; setback variances were dropped following the survey.

The Elkhart BZA granted a developmental variance permitting replacement of a previously demolished nonconforming garage at 2901 Homer Avenue, allowing the owner to rebuild a structure matching the prior footprint (1,152 square feet).

Gary Potts, representing the Knoxes, explained the original garage—permitted in 1983—had deteriorated and was demolished earlier this year; he said the intention is to rebuild in the same general location. Staff reported locating the original 1983 permit and later obtaining a survey that showed sufficient setbacks to eliminate the need for setback variances; staff recommended approval of the size replacement to match the previous permitted garage.

The board adopted staff findings and approved the developmental variance for area (1,152 sq ft), with the petitioner agreeing to remove a third accessory structure so totals comply with the recommendation.