Board approves Kaisers' front-deck setback variance with survey and hold-harmless condition

The Noble County Board of Zoning Appeals on Aug. 5 approved a variance allowing Robert and Margo Kaiser to locate a permanent, detached open deck 17.5 feet from the specified reference rather than the UDO minimum setback.

Theresa, the county planning staff member, told the board the deck must comply with county building codes and noted uncertainty about the exact property line: "It was not clear where their property line is in reference to that pavement," and recommended a hold-harmless agreement with the highway department and a survey before a building permit. Neighbor Rosanna Smith asked the board to require a professional boundary survey and verification that the ramp and improvements sit inside the applicants' property, saying she was concerned that she might lose parking on her lot if lines are incorrect: "I request that the board requires a professional boundary survey...there's no independent verification that the structure...have been built entirely within the property boundaries."

The applicants said they would obtain a survey. The applicant representing the Kaisers said, "We're willing to do a survey. That's not a problem, to verify that the property that we have placed any of the materials and such is our property," and added the handicap ramp is intended to remain for an elderly household member. After discussion about proximity to a wellhead and site-specific constraints, a motion to approve the variance passed with conditions requiring (1) a hold‑harmless agreement submitted to the zoning administrator prior to issuance of a building permit, (2) the porch remain open, and (3) a professional survey for the entire property submitted before a building permit is issued. The board announced the variance was approved based on findings of fact.

The approval was limited to the variance as described; any required building permits or inspections remain subject to the county building department.