“Based on what reason?” asked Bruce Patterson, who as representative for
Jean Hanna had just heard her variance requests voted down by the Porter
Board of Zoning Appeals last night.
BZA attorney Patrick Lyp said state law requires that development standard
variances be granted only if all three criteria are met, and Hanna hadn’t
provided evidence that without a variance she would experience practical
difficulty in using her property to build a house.
Hanna eventually wants to split her property at 301 23rd St. into two lots
so she was seeking to reduce the frontage of the parcels from the required
90 feet to 69 1/2 feet. Hanna plans to tear down an existing home and build
a new one; her second variance was to change the direction of the front door
from the home’s front to its south side.
Patterson said Hanna’s parcel is 313 feet deep and the back is landlocked,
preventing its development unless the property is split lengthwise. He said
the sell-off would be for financial reasons.
Member Greg Stinson said no matter what the BZA does, only the town Plan
Commission can grant approval to subdivide Hanna’s property.
Immediately prior to Wednesday’s vote, town planner Jim Mandon told BZA
members regardless of what they might want to do, a variance shouldn’t be
granted unless practical difficulty, which he said is hard to prove, is
shown.
During a public hearing neighbor Michele Coslet said she didn’t mind if the
door were moved, but she asked if Hanna’s reduced frontage would decrease
her property value. Coslet was the only person to comment.
The second variance criteria is whether the use and value of adjacent
property will be affected in a substanitally adverse manner by its approval.
The first test is that the variance not be injurious to the public health,
safety, and general welfare.
BZA member Lorain Bell asked several questions regarding the size of other
lots in the area. It was on his motion the frontage variance was denied 5-0.
Vote to deny the door-change variance was 4-1 with Stinson voting no.
In other business, a public hearing was set for Aug. 19 on the petition of
Paul and Kira Geiss, who want to build a 25-foot by 10-foot room addition on
their non-conforming lot at 2935 Market St. in Porter Beach.
On the recommendation of town director of engineering Matt Keiser, Paul
Geiss was asked to provide documentation from the Porter County Health
Department regarding whether the current septic system is adequate to
service a new sixth bedroom; no additional bathroom would be added.
If septic upgrades are required, Keiser said the town will want to know what
they are. He also said an additional variance for percentage of lot coverage
may be needed once all impervious areas, not just the house itself, are
calculated.