Board of Zoning Appeals Meeting - July 10, 2026

The Board of Zoning Appeals (BZA) held its regular monthly meeting on July 10, 2026. The board approved multiple variance petitions, including one after-the-fact variance for vegetation removal on a slope, and discussed court-ordered findings for a prior conditional use case, which was continued to the August meeting.

Consent Calendar

• Approval of minutes from April and May 2026 was stricken from the agenda due to unavailability.

Public Comments & Testimony

• VAR-26-21 (Chamness, Eco Area 2, 15% slope encroachment): Petitioner Charles Chamness and his wife Bridget testified, expressing regret for removing trees without knowledge of slope restrictions. They described their stewardship of the 80-acre property, including enrollment of 77 acres in the Indiana Classified Forest Program and efforts to remove invasives. The petitioners asked the board to weigh the good-faith error against their conservation record. Scott Pardeaux, a neighbor and surveyor, spoke in favor, stating that the tree removal was done responsibly with a forestry mulcher and that no soil disturbance occurred. No members of the public spoke against the petition.
• For all other variance petitions, no members of the public expressed opposition.

Discussion Items

• VAR-25-52A (Donovan, Buildable Area in Special Flood Hazard Area): Staff recommended approval with a condition requiring as-built elevations of the gravel parking area. Petitioner Stephen Donovan agreed to the condition. The board approved unanimously.
• VAR-26-19 (Sullivan, Maximum Impervious Cover): Staff recommended approval with no conditions. The board approved unanimously, citing demonstrated practical difficulties.
• VAR-26-21 (Chamness, Eco Area 2, 15% Slope Encroachment): This was an after-the-fact variance for removal of vegetation on slopes over 15%. Staff recommended denial, noting that the removal was injurious to public health and safety. However, after testimony from the petitioners and their surveyor, the board discussed the unique circumstances. Board member Skip Daily noted that the land had been previously logged and that the petitioners showed integrity. A motion to approve with an added condition to stabilize slopes passed 4-0.
• VAR-26-22 A-D (Upchurch, Multiple Variances): Four variances for height, one-acre contiguous buildable area, 15% slope encroachment, and residential density. Staff recommended approval. The board approved unanimously.
• VAR-26-23 (Ola Varieta, Residential Density Maximum): Staff recommended approval. The board approved 3-0 (Margaret Clements absent).
• VAR-26-24 (McBride, Front Yard Setback): Staff recommended approval. The board approved 3-0.
• Court-Ordered Findings for Bedford Recycling CDU-21-3: The trial court remanded the case for findings on two issues: (1) whether Republic Services is an abutting property owner requiring notice, and (2) whether Bedford Recycling submitted proof that certified mail notices were delivered or returned undeliverable. Staff attorney Schilling explained that the record lacks sufficient evidence to determine either issue. The board discussed the difficulty of making findings on an incomplete record. After discussion, the board voted to continue the matter to the August 5, 2026 meeting to allow members to review the record.

Key Outcomes

• VAR-25-52A (Donovan): Approved 4-0 with condition to provide as-built elevations.
• VAR-26-19 (Sullivan): Approved 4-0.
• VAR-26-21 (Chamness): Approved 4-0 with condition to stabilize slopes to prevent erosion.
• VAR-26-22 A-D (Upchurch): Approved 4-0.
• VAR-26-23 (Ola Varieta): Approved 3-0.
• VAR-26-24 (McBride): Approved 3-0.
• Bedford Recycling CDU-21-3: Continued to the August 5, 2026 meeting for further review and vote on findings.