Board approves Cook family variances with written condition tying rebuilding of outbuildings to setback compliance

The St. Joseph County Area Board of Zoning Appeals on Feb. 11 approved multiple variances for a Cook family parcel on State Road 331, including a written condition addressing future rebuilding of accessory structures.

Area Plan Commission staff (Adia Smith) described an approximately 80-acre property where the proposed 2.7-acre lot would include an existing dwelling and accessory structures; staff recommended approval so the surrounding tillable land would remain in agricultural production. Smith told the board the grain bin and barn encroach on the rear setback but "do not pose an adverse impact" and that moving the structures would be impractical.

Terry Lang, representing the petitioners, reiterated the goal of isolating the farmyard and house for sale while retaining the remaining acreage for farming. Several board members pressed for minimizing variances and for a written commitment limiting future rebuilding in place.

Board member DJ Tavernier offered the language the board adopted as a condition: variance number 3 (the rear-setback variance) "would expire upon the destruction or demolition of the existing barn and grain bin, and upon the occurrence of any condition that would qualify a structure to lose legal nonconforming status ... Said grain bin or barn has to be moved to comply with the setback ordinance." The motion to approve variances 1, 2 and 3 with that written commitment was seconded by Daniel Ritzma and carried by majority vote; the chair said written findings would be issued.

The condition leaves in place the existing structures in their current locations but requires compliance with setback standards if the buildings are rebuilt or otherwise lose nonconforming status, a resolution the board said balanced preservation of tillable land with long‑term setback enforcement.