OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Lake County Board of Zoning Appeals Meeting – October 15, 2025

County Boards & CommissionsWednesday, October 15, 2025
BodyLake County, Indiana
SessionCounty Boards & Commissions
DateWednesday, October 15, 2025
StatusFILED
Video Record

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Transcript — Verbatim
0:17

I don't know yet.

0:32

Like to call this meeting in order.

0:34

Everyone rise for the Pledge of Allegiance.

0:37

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God in the visible delivery and justice for all the following is the emergency exit announcement in case of an emergency.

0:57

Exit the commissioner's courtroom.

0:59

Proceed to the stairs, go to the second floor and exit the building.

1:02

Do not enter an elevator in an emergency.

1:04

If you require assistance, a plan commission employee will escort or assist you.

1:08

Please silence any cell phones during this meeting.

1:10

If you receive a call during this meeting, please excuse yourself with as little disruption as possible to these proceedings.

1:20

Everybody receive their August minutes.

1:24

Motion to approve amendments as presented.

1:27

I have motion.

1:28

Seven.

1:28

And a second.

1:29

All those in favor by saying aye.

1:31

Aye.

1:32

Anything on the communications, Steve?

1:34

Uh nothing on communications, but I do want to point out for all the folks that are here for a public hearing.

1:39

Um this is normally a five-member board, which means the majority, which is three of the five members either need to vote in favor, or if they vote opposed to your petition, that would be a denial.

1:48

So you have the right to have a full board hear your petition.

1:51

So if anybody here this evening would like to defer action on their petition until there's a full board with the five members up here, uh, you're more than welcome to do that.

2:00

Otherwise, you're more than welcome to proceed with the minimum quorum of three members up here, meaning all three have to vote in favor of your request for it to be valid and approved.

2:09

Does anybody have any questions on that?

2:11

Somewhat clear?

2:12

What if there's only two votes to approve or two votes to then it would be deferred, right?

2:17

Till next month.

2:18

Automatically deferred.

2:19

Thank you.

2:19

Good point.

2:21

We all know how to play the game now, right?

2:23

Okay.

2:24

And I see there's no old business, so right on to new business.

2:28

Item number one under new business, item number one and number two are related.

2:32

Uh number one is petition number 25-V-33.

2:36

Christopher R.

2:37

Samantha is the owner, Swordon Laws Petitioner.

2:40

The property is located approximately two tenths of a mile east of Sheffield Street on the north side of West 93rd Avenue, also as 14902, West 93rd Avenue in St.

2:49

John Township.

2:50

The request is a variance from development standards from the unincorporated Lake County Unified Development Ordinance, Title 154, Article 9, Accessory Uses and Structures.

2:58

Chapter 20, Detached Accessory Garages and Storage Buildings, Section E, Area and Height, Maximum Floor Area, 1,525 Square Feet is permitted.

3:10

And the purpose is to allow a 72 by 36 accessory building for personal use.

3:19

Same owner, same petitioner, same property.

3:22

This request is a variance from the development standards of the unincorporated Lake County Unified Development Ordinance tied to 154.

3:28

Article 9, accessory uses and structures, chapter 20, detached accessory garages and storage buildings, Section E, area and height, maximum building height, 20 feet permitted, 21 feet seven inches requested.

3:39

And the purpose is to allow an accessory building with an overheight of 21 feet seven inches.

3:46

Good evening, uh attorney Adam Swordensword and Law PC here on behalf of petitioner property owner, Chris Matana.

3:53

Um so this is an application for a additional secondary accessory structure that would be uh on the property here that would be north and northeast of the existing detached garage.

4:06

Uh the reason for the placement so far back in and I know the drawing you have in your packet has it outlined in red is because the septic system and septic field is between uh those two locations as on file with the county.

4:19

Um so we have that drawing in there for you tonight.

4:22

The the request is given the size of the building, it's just slightly over the um the height required or the height maximum.

4:29

It's 21 feet seven inches, and uh due to the size and existing ex uh detached garage, the total square footage with that size puts it at 2,197 square feet total over uh what's permitted in this district.

4:45

Uh this is an area, and there's several properties immediately uh contiguous to and just down the street that have similar very large uh structures.

4:54

The underlying zoning here is actually an AG one, even though it is primarily residential, it's out in this area, so it's a very rural area.

5:02

Um this is not uncommon for this uh portion of town, and that is the existing home as it sits currently, and that's the detached garage there, which the building would go behind.

5:12

So with that, I'll take any questions.

5:19

Well, sounds like they took care of the setover for the septic, so they're behind that.

5:26

Um I have no questions.

5:29

Anyone have any questions?

5:32

Jim.

Discussion Breakdown — Share of Meeting
Zoning Regulations█████████████████████████████████████████████80%
Procedural████7%
Economic Development███5%
Public Health██4%
Water And Wastewater Management██4%
Summary of Proceedings

Lake County Board of Zoning Appeals Meeting – October 15, 2025

The Lake County Board of Zoning Appeals (BZA) met on October 15, 2025, at 6:00 PM with a quorum of three members present. The board considered six variance requests, all related to accessory structures or a proposed fueling station. All items were approved unanimously.

Consent Calendar

  • The minutes from the August meeting were approved by a voice vote with no opposition.

Public Comments & Testimony

  • Items 5 & 6 (Meet Petroleum/Terry Vaidik – proposed fueling station):
    • Vincent Morales (4731 Cleveland Street) expressed concern about potential contamination of his well water from gasoline spills and runoff, noting the absence of public water in the area. He also raised traffic safety issues.
    • Daniel Nieto (owner of 4700 Cleveland Street) supported the project, stating it would revitalize a blighted corner and bring business to the area.
    • Tommy Banks (4688 Cleveland Street) also expressed support for the gas station.
    • Heather Morales (4731 Cleveland Street) voiced concerns about disruption to her peace, brightness from lighting, and increased traffic. She noted the intersection is already dangerous.

Discussion Items

  • Items 1 & 2 (Christopher R. Smetana – 14902 W. 93rd Avenue, St. John Township): Requested a variance for a 72’x36’ accessory building (3,712 sq. ft. vs. 1,525 sq. ft. permitted) and a height variance to 21 ft. 7 in. (20 ft. permitted). The attorney explained the building location is constrained by a septic system. The board noted the rural area and similar large structures nearby. No public comments. Approved.
  • Item 3 (Dan Mamula – 10411 Cline Avenue, Center Township): Requested a variance for a 30’x50’ accessory building (2,300 sq. ft. vs. 1,525 sq. ft. permitted) for personal storage. The board discussed a drainage easement on the property; the petitioner confirmed he would stay out of it. Approved.
  • Item 4 (Andrew and Stephanie Calarie – 12649 Monroe Court, Center Township): Requested a variance to place an accessory building in the side yard instead of the rear yard due to septic and topography. The board noted the hardship and made approval contingent on receiving approval for a second driveway from the county highway department. Approved.
  • Items 5 & 6 (Meet Petroleum/Terry Vaidik – 4705 Cleveland Street, Calumet Township): Requested variances to allow a 20-ft. setback (Cleveland St.) and 19-ft. setback (W. 47th Ave.) for a gas station canopy and fuel pumps, and a 6-ft. rear yard setback (required 20 ft.) for the fueling station building. The petitioner stated all other approvals (INDOT, stormwater) are pending. The board clarified that the use as a gas station is already permitted; the variances are only for setbacks. Public comments raised concerns about water contamination, lighting, and traffic. The petitioner responded that the engineer is designing stormwater treatment structures. Approved.

Key Outcomes

  • Item 1 (25-V-33): Motion to approve the floor area variance passed unanimously.
  • Item 2 (25-V-34): Motion to approve the height variance passed unanimously.
  • Item 3 (25-V-40): Motion to approve the floor area variance passed unanimously.
  • Item 4 (25-V-41): Motion to approve the side-yard variance, contingent on submittal of a second driveway permit, passed unanimously.
  • Item 5 (25-V-42): Motion to approve the street setback variances passed unanimously.
  • Item 6 (25-V-43): Motion to approve the rear yard setback variance passed unanimously.
  • The meeting was adjourned after all items were disposed.

Meeting Transcript

I don't know yet. Like to call this meeting in order. Everyone rise for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God in the visible delivery and justice for all the following is the emergency exit announcement in case of an emergency. Exit the commissioner's courtroom. Proceed to the stairs, go to the second floor and exit the building. Do not enter an elevator in an emergency. If you require assistance, a plan commission employee will escort or assist you. Please silence any cell phones during this meeting. If you receive a call during this meeting, please excuse yourself with as little disruption as possible to these proceedings. Everybody receive their August minutes. Motion to approve amendments as presented. I have motion. Seven. And a second. All those in favor by saying aye. Aye. Anything on the communications, Steve? Uh nothing on communications, but I do want to point out for all the folks that are here for a public hearing. Um this is normally a five-member board, which means the majority, which is three of the five members either need to vote in favor, or if they vote opposed to your petition, that would be a denial. So you have the right to have a full board hear your petition. So if anybody here this evening would like to defer action on their petition until there's a full board with the five members up here, uh, you're more than welcome to do that. Otherwise, you're more than welcome to proceed with the minimum quorum of three members up here, meaning all three have to vote in favor of your request for it to be valid and approved. Does anybody have any questions on that? Somewhat clear? What if there's only two votes to approve or two votes to then it would be deferred, right? Till next month. Automatically deferred. Thank you. Good point. We all know how to play the game now, right? Okay. And I see there's no old business, so right on to new business. Item number one under new business, item number one and number two are related. Uh number one is petition number 25-V-33. Christopher R. Samantha is the owner, Swordon Laws Petitioner. The property is located approximately two tenths of a mile east of Sheffield Street on the north side of West 93rd Avenue, also as 14902, West 93rd Avenue in St. John Township. The request is a variance from development standards from the unincorporated Lake County Unified Development Ordinance, Title 154, Article 9, Accessory Uses and Structures. Chapter 20, Detached Accessory Garages and Storage Buildings, Section E, Area and Height, Maximum Floor Area, 1,525 Square Feet is permitted. And the purpose is to allow a 72 by 36 accessory building for personal use. Same owner, same petitioner, same property. This request is a variance from the development standards of the unincorporated Lake County Unified Development Ordinance tied to 154. Article 9, accessory uses and structures, chapter 20, detached accessory garages and storage buildings, Section E, area and height, maximum building height, 20 feet permitted, 21 feet seven inches requested. And the purpose is to allow an accessory building with an overheight of 21 feet seven inches. Good evening, uh attorney Adam Swordensword and Law PC here on behalf of petitioner property owner, Chris Matana. Um so this is an application for a additional secondary accessory structure that would be uh on the property here that would be north and northeast of the existing detached garage. Uh the reason for the placement so far back in and I know the drawing you have in your packet has it outlined in red is because the septic system and septic field is between uh those two locations as on file with the county. Um so we have that drawing in there for you tonight.

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