By PAULENE POPARAD

Eight lots in the Olde Towne subdivision won variances Thursday allowing their property owners to build privacy fences up to 6 feet tall, but a misunderstanding led petitioner Vic Roberts Development Inc. to wait until July to seek variances for three additional lots.

During a public hearing before the Chesterton Board of Zoning Appeals, three subdivision residents spoke in favor of having the Olde Towne fences 1.5 feet taller than town code permits; there were no remonstrators.

Vote was 4-0 with member Fred Owens absent to approve height waivers for fences on the backs of lots 28 through 32 and lots 35 through 37, which generally are located along Roberts Road and Michael Drive. Last night, Roberts asked to add Lots 33, 34 and 38 to the petition.

Instead, the commission voted unanimously to waive having a preliminary hearing and set a public hearing on those lots for July 26.

When Roberts had a preliminary hearing on the original eight lots in May, the BZA said other Olde Towne property owners could join in his petition and he had powers of attorney Thursday authorizing him to act for them. However, the required notice, publication and proof of ownership provided by Roberts dealt with only the eight lots and not the additional three.

The BZA gave Roberts the choice of taking the missing steps required and waiting for a decision on all 11 lots until July, or pulling the three lots from the current petition and initiate another. He chose the latter.

During the hearing Brent Ewen of Lot 38 said he prefers having the option of building a 6-foot fence. Ed Sobanski said he has a 6-foot fence and wants to replace it at that height if it becomes necessary. Lot 29’s Bill Dickinson said having the variance will make his new home perfect.

Because existing fences are 6 feet tall, BZA member Kim Goldak said she liked having that consistency.

The quickest petition disposed of last night was that of Joseph Witek, who requested a variance of 1 foot to construct a detached garage at his 1514 Portage Ave. home leaving a sideyard setback of 4 feet. Because of a sewer line and the narrowness of the lot, Witek attorney Greg Babcock said the slight reduction is necessary to get Witek’s vehicles in the garage. He has no alley access.

Vote was 4-0 following a public hearing at which no one commented.

One preliminary hearing took place and unanimously advanced to public hearing July 26. James and Rae Ann Ringer are seeking a variance to construct two duplexes on lots not having frontage on an improved road.

The duplexes would be at 1011 and 1013 S. 14th Street to the east of an existing duplex at Washington Street; that structure is being renovated. New-duplex access would be along an unbuilt alley to the north the petitioners would improve.

The BZA previously approved duplex construction for another petitioner in a similar situation off Meridian Road and BZA member Jeff Trout asked town department heads to check if any problems have developed there.

East of the Ringers proposed duplexes are wetlands and town building commissioner Mike Orlich asked for more information regarding the proposed drainage system. Board President Emerson DeLaney said, “I’m very concerned about the wetlands.” He said he also wants assurances there will be adequate access on the new road for municipal and emergency vehicles.

Babcock, this time representing the Ringers, said the requested information would be provided.

On another matter, Goldak noted that a large billboard near the northeast corner of Thomas Park in downtown Chesterton has been removed by Lamar outdoor advertising. Its removal when the lease expired as well as a second billboard there on the east side of Calumet Road were a condition tied to Lamar’s BZA approval last year to modify advertising signs on Indian Boundary Road.

Posted 6/29/2007