Grant the Bane petition for zoning variances.
The incursion into the back and side setbacks should be allowed because they do not impede access to utility or other public installations; nor do they impede any contiguous neighbor's access. In fact, the property owner consulted with and secured approval from affected neighbors prior to installing elements close to the property line. Thus, no public harm results from the placement of any of the structures in question.
Regarding the lot coverage percentage limit, the variance should be granted because the relatively small size of the lot makes the incorporation of otherwise prudent and necessary design elements difficult or impossible. In addition, water catchment systems including water storage tanks, ponds, swales and mulch mitigate most if not all storm water runoff. The variance requested is minor and would not even be necessary were the lot size not exceptionally small in relation to neighboring properties.
The Bane property is an example of sustainable, resilient design and a model for land use – particularly lands zoned for agriculture - that fosters self-reliance and forms the basis for a resilient, flourishing community.
The proposed remedy gives leeway to the Board of Zoning Appeals to affirm land usages that are in concert with this community's long term self interest. Meanwhile, we pledge to work toward instituting zoning policies that make sense in the face of the paradigm shift that is upon us.
We, the undersigned concerned citizens of Monroe County, Indiana, respectfully ask that the requested variances be granted.
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