Board grants variance to build on Maxwell Lane lot but requires recorded riparian easement

The Bloomington Board of Zoning Appeals voted unanimously Thursday to grant a variance that clears the way for a single-family house to be built on a vacant lot at 2214 East Maxwell Lane, subject to conditions including a recorded riparian easement.

Gabriel Holbrow, zoning planner for the City of Bloomington, told the board that the 0.61-acre lot contains an intermittent stream and three riparian buffers that together extend about 75 feet. Staff recommended relief from the intermediate and fringe zones on the north side of the stream but opposed any permanent relief from the 25-foot streamside zone, saying in the staff report that “temporary or permanent relief from the stream side zone riparian buffer will significantly impair the natural absorption and drainage managed capacity of the stream.”

Petitioners’ representative Mike Hartman argued the requested relief is narrowly targeted to allow a reasonable footprint for a house. He said the application included an option for a 10-foot temporary construction easement to reduce the risk of inadvertent intrusion during building and to help contractors avoid the streamside buffer, saying a “10-foot temporary easement during the period of construction would make that whole lot easier.”

Neighbors raised concerns in public comment. Mark Hood said the petition materials and the staff summary seemed inconsistent and asked that the board delay action; Gwen White, a neighbor, said a backyard measurement showed other houses sit farther from the stream than staff’s presentation suggested. Board members asked staff to clarify the content and effect of the easement that the petitioner would be required to record.

The motion approved by the board grants relief from the intermediate and fringe riparian buffers on the north side of the stream while explicitly preserving the 25-foot streamside buffer on both sides of the stream and the buffers on the south side. The board added a condition requiring the property owner to record an easement, in a form approved by the Planning and Transportation Department, covering the land within 25 feet north of the stream and within 75 feet south of the stream before a certificate of zoning compliance is issued.

The variance was approved by voice vote; the board recorded four yes votes. Under the conditions adopted, the owner may proceed with building subject to the easement and all other city standards.

The board’s action resolves the immediate request; any change to the streamside buffer standards would require separate action by the city and is not affected by this variance.