A committee working to develop zoning standards for new development at Porter Beach hopes to present its recommendations to the town Plan Commission for September.

Meeting Wednesday, the Porter Beach Overlay Committee tweaked a draft ordinance deciding that new construction on previously unimproved lots should be accessed by an improved 16 foot-wide, hard-surface road to assure emergency services can reach the site.

Also, if an existing home is destroyed, it can be rebuilt on the same footprint with the same square footage as long as it can secure Porter County septic approval.

Town attorney Patrick Lyp said rebuilding on the same footprint may violate other ordinance standards so there is some gray area yet to be addressed. He noted as much as the town can encourage and require compliance with the overlay standards, the better.

The committee decided that with the unique nature of topography and lots at Porter Beach, establishing a front, side and rear yard isn't always easy. For that reason all setbacks in any direction from a new building to the property line would be 15 feet.

Also discussed were lot width, now referred to as the narrowest dimension; minimum size of a building parcel; and the use of alternate driveway materials to avoid erosion.

Committee and Town Council member Dave Babcock said he prefers to be specific in the overlay ordinance and reduce the number of instances for which variances will be sought from the Porter Board of Zoning Appeals.

According to Babcock, "We're trying to make it easy for the people out there to have rules to go by."

Town planner Jim Mandon said the draft overlay the committee forwards to the Plan Commission for public hearing could change drastically after listening to suggestions from the public and commission members; even the Town Council itself could recommend changes before adopting a final overlay ordinance.

For years former commissions and councils have discussed adopting special zoning rules for Porter Beach but never did. The current draft overlay ordinance is based on one prepared in 2005.

New town director of engineering Matt Keiser asked the committee Wednesday, "What is the goal of this group and what is the shortest amount of time we can get that goal accomplished with the greatest amount of consensus?"

Previous overlay attempts bogged down when trying to address the existing structures, fences, decks, sheds, walkways and other things erected illegally in public rights-of-way at the beach.

Keiser said rather than an overlay committee matter, those situations are legal and political issues and a policy decision for the Town Council whether such encroachments can occur and be allowed to continue.

The Overlay Committee next meets July 15 at 5 p.m. at the town hall.

Posted 6/18/2009