Chesterton Tribune



Porter BZA continues petition for variance for replacement home

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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 fact.

Building Commissioner Michael Barry clarified that the variance proposed is for future construction and that Hyre is free to start demolition, as he has a proper permit.


Posted 10/18/2018




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