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Neighbors prevail on access but BZA denies retroactive setback for unpermitted garage; dredging, erosion complaints continue

December 05, 2025 | Monroe County, Indiana


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Neighbors prevail on access but BZA denies retroactive setback for unpermitted garage; dredging, erosion complaints continue
Monroe County’s Board of Zoning Appeals split a contested petition from a Richland Township property owner, approving a driveway reconfiguration but denying a request to retroactively legalize a front‑yard setback encroachment.

Neighbors on Dallas Lane gave extended testimony describing persistent problems they attribute to the property owner’s work: heavy equipment and trailers parked in the easement, filling in ditches, mud on the lane, blocked access, damaged mailboxes, and frequent weekend activity. Several neighbors said they had repeatedly complained to county staff and the sheriff.

The petitioner, Richard Bettler, acknowledged he had erred in measuring setbacks from the center line of the road rather than from the edge of the right‑of‑way and said design changes produced an unintended second story. He said he would cooperate with staff, offered to install a fence to prevent future access to Dallas Lane and disputed that any septic system was in current use. He also said that many of the nonoperable vehicles previously on the property had been removed at staff’s request.

Planning staff recommended denial of the front‑yard setback variance (VAR‑25‑77a) because practical difficulties had not been demonstrated and approval would retroactively excuse noncompliance. Staff recommended approval of VAR‑25‑77b (buildable‑area/floodplain driveway relocation) subject to conditions requiring the petitioner to remove gravel, reseed disturbed areas, and comply with floodplain permit FP‑25‑24.

The board approved the driveway relocation and required remediation and compliance with floodplain conditions (vote 3–0). On the setback request, the board voted 3–0 to deny the variance, citing unpermitted construction and neighborhood impacts. The chair and several members emphasized that the BZA must uphold the ordinance and that applicants bear responsibility for correct setback measurements and permitting. Staff noted ongoing enforcement cases and that other county departments would continue to follow up on drainage and stormwater complaints.

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