Homeowner fights for barn replacement after highway construction

In a recent government meeting, a public hearing was held regarding a request from Dave Allison for a development standard variance to reduce the rear yard setback for an accessory barn on his property located at 6745-6747 North Waverly Park Road in Harrison Township. The property, which is zoned agricultural (AG), has been impacted by the construction of the I-69 highway, which resulted in the removal of an existing barn and a portion of Allison's land.

Allison explained that the previous barn was situated just three inches from the highway fence, and he is seeking to replace it with a new structure that would allow him to store equipment and protect it from the elements. He requested a reduction of the required 15-foot setback to just 2 feet, citing the need for adequate space to maneuver equipment around the barn.

During the hearing, several questions were raised regarding the location of a private drain pipe on the property, which complicates the proposed barn's placement. Allison indicated that moving the barn further from the highway would place it directly over the drain pipe, which he wants to avoid.

The Board of Zoning Appeals (BZA) discussed the implications of granting such a variance, noting concerns about public health, safety, and the potential impact on neighboring properties. Staff recommendations indicated that the request might not be supported due to the proximity of the proposed structure to the property line and the lack of unique physical conditions on the property that would necessitate such a variance.

The BZA members expressed reservations about the practicality of maintaining a structure with such a minimal setback, emphasizing the importance of adhering to established zoning regulations. They suggested exploring alternative setback options that could provide Allison with the necessary space while still complying with zoning laws.

The meeting concluded with the BZA considering the implications of the request, weighing the need for Allison to replace his barn against the potential consequences for the surrounding community and the integrity of zoning regulations.