The Porter Board of
Zoning Appeals continued a petition for a developmental standards variance
at its meeting last night.
In a preliminary
hearing, Lucas Hyre appeared before the Board to petition for a
developmental standards variance required for a building permit at 213
Rankin Street. Hyre reported that the house on 213 Rankin is “beyond repair”
and has major mold issues. He plans to tear it down and construct a new one
on its foundation.
The complication is
that Porter’s Town code has changed since the house was built. Town code
requires that houses of a certain size are set back from the property line
at a minimum predetermined distance.
Though houses built
before new set back requirements were passed do not have to be altered when
code changes, Town Planner Jim Mandon said all new construction must follow
the new code.
As has been an
issue of discussion at both Porter Plan Commission and BZA meetings before,
this means that many houses in Porter that were built to legal
specifications at their dates of construction could not be rebuilt the same
way without variances today.
The Board could not
set the matter for public hearing because the property line at 213 Rankin is
not clear, thus the amount of the variance Hyre needs is not known and
cannot be advertised to notify adjacent property owners. The Board opted to
continue the case to its Nov. 21 meeting.
Hyre will need to
return on Nov. 21 with a survey of the property and amended findings of
Commissioner Michael Barry clarified that the variance proposed is for
future construction and that Hyre is free to start demolition, as he has a