Bartholomew County Board of Zoning Appeals Meeting - September 28, 2026

The Bartholomew County Board of Zoning Appeals met on Monday, September 28, 2026, at 7:00 PM in Council Chambers, City Hall, Columbus, Indiana. The board heard four petitions: one old business item (conditional use) and three new business items (two variances and one conditional use). The meeting included public testimony, staff presentations, and board deliberations.

Old Business

BZA-26-61: Cleanouts & Cans / Cedar Trail Construction (Conditional Use)

• Request by Tim Sweeney for conditional use approval to operate two home-based businesses (a contractor's office and a dumpster/construction company) from an existing 4,992 sq ft accessory structure on an AG-zoned property at 8290 West Nasby Trail, in the Daily Meadows subdivision.
• Staff detailed that the applicant had previously obtained a variance in 2023 to build the accessory structure before a primary structure, stating it would be for personal storage. The applicant now seeks to use the structure for businesses.
• The applicant testified that the businesses involve storage of empty dumpsters (10, 15, and 20-yard sizes), and that trucks are parked inside. He stated operations would generate approximately five trips per day, with an 8 AM start time. He offered to plant additional cedar trees for screening.
• Board members questioned the consistency with agricultural/residential character, noting the commercial nature of the structure and outdoor storage. The applicant acknowledged he had been operating the business since spring 2026 without prior permission.
• Vote: Motion to deny (criteria 2, 3, and 4 not met) carried unanimously (5-0).

New Business

BZA-26-74: Jonathan Wilson (Flood Hazard Area Variance)

• Request to allow a primary structure (existing home damaged by fire on March 27, 2026) to be repaired with a finished floor elevation 2.9 feet below the required flood protection grade. The property at 1042 Charles Street, Taylorsville, is partially within the 100-year and 500-year floodplain.
• Staff explained that floodplain variances require different criteria, including good and sufficient cause, exceptional hardship, and no increased flood risk. The applicant's home was built in the 1960s before current floodplain regulations.
• Applicant Jonathan Wilson presented certified elevation data: existing living floor at 654 feet, base flood elevation at 652.9 feet, meaning the floor is 13.2 inches above base flood elevation but 10.8 inches below the required flood protection grade (two feet above base flood). He argued that raising the structure would be logistically infeasible and prohibitively expensive due to the stone facade. He noted the house has never flooded in 17 years, including the 2008 flood.
• Several neighbors testified in support, highlighting the hardship of being unable to rebuild after a disaster and the negative impact on property values if variances are denied. One neighbor noted the costs of elevating the stone house would be $100,000–$125,000.
• Board discussion focused on whether the variance was the minimum necessary, and whether it would jeopardize the county's participation in the National Flood Insurance Program (NFIP). Members noted that the restoration was not new construction and that site-specific elevation data showed minimal flood risk.
• Vote: Motion to approve the variance for the existing structure at its current elevation and footprint only, with criteria one (consequences to stakeholders), two (exceptional hardship), three (restoration not construction), and four (not logistically feasible to elevate) met. Motion carried (5-0).

BZA-26-77: Hoosier Sanitation (Conditional Use)

• Request by Kevin Lawson for conditional use to operate a home-based business (portable toilet rentals) on AG-zoned property at 2050 North Old State Road 9. The business would store up to 30 portable toilets on-site, with a privacy fence planned.
• Staff noted the only trigger for board review was outdoor storage; other home-based business thresholds were met.
• Applicant testified that he has a full-time job and operates evenings/weekends. He currently has 15 units rented out, storing about 13 at home. He plans to build an 8-foot privacy fence and has looked into a commercial property in Hope for future expansion.
• A neighbor, Terry Emerson (2130 North Old State Road 9), spoke in opposition, citing traffic safety concerns for children in the neighborhood and the incompatibility of a commercial business in a residential area. He suggested moving to a commercial zone.
• Board discussion addressed the fence height, number of units, and screening.
• Vote: Motion to approve with conditions: no more than 30 units on site, and construction of an 8-foot privacy fence. Motion carried (5-0).

BZA-26-78: Heather Thompson (Development Standards Variance)

• Request to allow an accessory structure (swimming pool) on a lot without a primary structure. The lot is located north of 11978 West Glen Lane, Harrison Township, zoned RS-1. The applicant owns the adjoining home and plans to build a future residence on the vacant lot for her parents.
• Staff explained the ordinance requires a primary structure before an accessory structure.
• Petitioner testified that the lot's topography and the location of a forced main septic system make it impractical to build a pool after a house; the house would block access for pool construction equipment. She stated the pool is intended as an incentive for her parents to move, with a house to follow within 2–5 years.
• No public testimony was offered.
• Board discussion acknowledged the practical difficulty due to topography and septic lines.
• Vote: Motion to approve based on practical difficulty (criteria three met). Motion carried (5-0).

Findings of Fact and Minutes

• BZA-26-67: Otter Creek Golf Course (Conditional Use) – Findings of fact were presented and approved unanimously.
• Minutes – The minutes of the August 24, 2026, meeting were approved unanimously.

Adjournment

The meeting adjourned after all business was concluded.