Board approves setback variances for Stafford Court property despite septic concerns

The Brown County Board of Zoning Appeals approved Docket 26-VAR-02 on March 25, 2026, granting variances from the ordinance’s side-yard and rear-yard setback requirements for a property on Oriole Drive in the Sweetwater Conservancy district.

Planning staff described the request as an aggregate side-yard reduction to 14 feet 6 inches (the ordinance minimum is 25 feet) and a rear setback request of 16 feet 7.5 inches. Staff told the board the property lies outside the special flood hazard area, utility service is available, and 15 of 22 mailed notices were returned. The parcel address in staff materials was listed near Sweetwater Lake and the house shown in packet drawings would require demolition of the existing residence and garage.

Petitioner Derek Black, who identified himself as the owner, said the project team engaged Cruise Consulting and that "we already have a septic permit" from the Indiana Department of Health. Board members questioned whether the state permit had been overlaid with the proposed site plan to confirm the proposed alternative-design septic system — with piping, tanks and a lift station — would physically fit on the property and function given nearby topography and groundwater. "I've got concerns where you're gonna fit this and if it's gonna be functional," one member said during the hearing.

Board discussion noted a history of reduced setbacks in the conservancy district and acknowledged the lots are often pie-shaped and constrained. The board moved and voted by roll call to approve the variance. The decision included acknowledgement from members that the county often handles similar requests in this area and that the conservancy district has a pattern of reduced setbacks.