Board of Zoning Appeals Meeting - July 10, 2026: Variances Approved, Bedford Recycling Continued
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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.
Meeting Transcript
Good evening, everyone. I would like to call to order the July meeting of the Board of Zoning Appeals. Tammy, to get us started, would you please call the roll? Sure thing. Margaret Clements here. Skip Daily. Here. Pamela Davidson? Here. Guy Loftman. Jeff Morris? Here. We have four people in person, and that's a quorum. Okay. Could you please introduce the evidence for tonight? Sure. I would like to introduce the following items into the evidence. The Monroe County Development Ordinance as adopted and amended. The Monroe County Comprehensive Plan as adopted and amended. The Monroe County Boarding of Zo Board of Zoning Appeals Rules of Procedure as adopted and amended. And the cases that were legally advertised and scheduled for hearing on tonight's agenda. I move that we introduce the evidence as you've just enumerated. I will second. Motion and a second to approve the introduction of evidence. Jeff Morris? Yes. Pamela Davidson. Is now joining. Yes. Skip daily. Yes. Margaret Clements. Yes. Motion passes four to zero. Okay, for our agenda tonight, we have approval of minutes from April and May of 2026, but those are not in our uh SharePoint folder. So could I get approval of the agenda with uh the line approval of minutes stricken? I would like to make such a motion that we approve tonight's agenda absent the approval of the minutes. Second. I second that. All right. There's been a motion and a second to approve the agenda as listed and noticed, um, minus the approval of the minutes. Uh skip daily. Yes. Pamela Davidson? Yes. Jeff Morris? Yes. Margaret Clements? Yes. Motion carries four to zero.
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