Elkhart BZA approves two fence variances and three daycare requests with conditions

The Elkhart City Board of Zoning Appeals on Feb. 21 granted a series of routine variances and special-exception requests, including two corner-fence variances and three daycare permits, after staff said the requests conform to anticipated updates in the city's Unified Development Ordinance.

Staff read reports and recommended approval for each item, emphasizing that the proposed uses would be subject to conditions and final permitting. For the fence variances at 1305 Cedar Street and 1034 Princeton Street, staff described prior citations for 6-foot opaque privacy fences installed in corner side yards where the ordinance allows only non-opaque fences up to 4 feet; staff recommended approval if petitioners verify property corner markers and meet conditions. "Staff recommends approval of the developmental variance" was read into the record during the Cedar Street item.

The board also approved two daycare requests. At 1717 Casopolis Street, petitioner Steve Hill proposed converting the former Westview florist building into a daycare serving infants through eighth grade with a projected 50 to 70 children and 10 to 12 staff; staff noted the petitioner must obtain a license from the Indiana Family and Social Services Administration and meet conditions including fenced play areas and inspections. At 721 Maple Row, Alyssa Garcia sought a home-child-care special exception; staff said a Class 1 state license would allow up to 12 children and recommended standard conditions such as plan submittal for any renovations, inspections, and a two-year staff review.

Each approval was accompanied by standard conditions the board adopted, including requirements to provide the city with proof of state licensing when issued, to keep children in fenced play areas except on supervised walks, and to submit surveys or remove accessory structures where necessary to meet the maximum permitted number of accessory buildings. Board members approved the items by roll call; because three members were present for the special meeting, votes had to be unanimous to be final.

What happens next: petitioners must follow the staff conditions and complete required building permits and state licensing procedures. Several approvals referenced the forthcoming UDO; staff said the UDO language is expected to carry over many of the conditions discussed.

Votes at a glance:
- 25BZA22 (1305 Cedar St., fence variance): motion to approve adopted; unanimous vote; conditions include survey/property-line verification and compliance with forthcoming UDO language.
- 25UV09 (1717 Casopolis St., daycare center): motion to approve adopted; unanimous vote; conditions include state license submission to planning, fenced play area, inspections, and 2-year review by 09/13/2027.
- 25x7 (721 Maple Row, home daycare): motion to approve adopted; unanimous vote; conditions include plans/permits within specified timelines, fenced play area, inspections, and maximum of 12 children.
- 25BZA23 (1034 Princeton St., fence variance): motion to approve adopted; unanimous vote; conditions similar to Cedar Street item.

Board members and staff said their approval does not bypass building- or health-related permits; final compliance depends on the separate building-permit process and state licensing.

Ending: The board completed the approved items and moved to the next agenda item, a separate, more contentious ADU petition which was not decided and was discussed at length (reported in a separate article).