Petitioners to seek removal of restrictive covenant on Lincoln Highway property; plan commission OKs process

Attorney James L. Weezer told the Schererville Town Plan Commission on March 16 that his clients, Dejan and Dana Pavoc, intend to pursue removal of a residential restrictive covenant on the property at 1445 Lincoln Highway so they can later apply for commercial rezoning.

"We're willing to do that," Weezer said, describing an agreed-upon process from the town attorney that includes notice and an opportunity for objections to be heard. He said the sequence would be: (1) petition to remove the restrictive covenant and a public hearing before the plan commission; (2) issuance of a certificate to record with the county recorder if the petition is approved; and (3) a subsequent zone-change application and recommendation to the town council.

Why it matters: removing the covenant is a prerequisite to changing the parcel from a residential restriction to a commercial designation. The petitioners and their attorney said they believe the requested designation would be consistent with the town comprehensive plan and the character of development along U.S. 30.

Plan commission members asked for clarification of the rationale and the process. Plan Commission member Bill Jarvis asked what the reasoning for rezoning would be; Weezer replied that neighbors and the owner believe the change aligns with the comprehensive plan and the existing development pattern along Route 30. The town attorney’s memorandum noted that the two petitions (removal of the restrictive covenant and the rezoning petition) can be heard under separate cases and may be heard at the same public meeting with separate actions taken by the commission.

The commission did not take a final vote on a rezoning tonight. Commissioners directed staff to accept and advertise the petition so the item can proceed to a public hearing; commission members and the applicant discussed scheduling availability and implied a public hearing could be set in April or May, with May 4 mentioned as a realistic target for advertising and hearing timing.

Next steps: the applicants will file the petition to remove the restrictive covenant and work with town staff to schedule and advertise a public hearing. Any decision by the plan commission would be followed by a formal zone change filing and a recommendation to the town council.