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Monroe County BZA allows family to move accessory unit out of floodway, sets occupancy deadline

December 05, 2025 | Monroe County, Indiana


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Monroe County BZA allows family to move accessory unit out of floodway, sets occupancy deadline
The Monroe County Board of Zoning Appeals voted to allow a petitioner to relocate a detached accessory dwelling unit (DADU) from the floodway into the regulated flood fringe, but attached conditions and deferred a separate decision about gravel added in the floodplain.

Steven Donovan and his family asked the board for a variance to move an existing 896‑square‑foot DADU about 20 feet into the flood fringe and to retain certain structures (a 20‑square‑foot awning and a gate). Donovan acknowledged that work began without full knowledge of permit requirements and apologized to staff and the board for the procedural lapse.

Planning staff recommended approval only for the awning and gate and recommended denial of the DADU and an estimated 3,000 square feet of gravel placed in the special flood hazard area. Staff noted, however, that the DADU plans meet flood‑damage protection standards if relocated and elevated, and that moving the structure into the fringe is technically feasible.

Donovan told the board the proposed move to the fringe would cost his family approximately $20,000; moving the structure to other, alternate locations on the property, he said, could cost between $50,000 and $70,000 because of required grading and utility extensions. He described the DADU as intended for his mother to live near family and said the design would be elevated on reinforced columns and meet or exceed flood protection standards.

Board members split the items for votes: they approved the awning and gate to remain in the special flood hazard area (4–0). A motion to allow the 3,000‑square‑foot gravel area to remain in place failed on a 2–2 tie and the board continued that matter for drainage‑board review. For the DADU, the board approved relocating the structure into the flood fringe and added a condition that the petitioner obtain a certificate of occupancy on or before Oct. 1, 2026; that motion carried 3–1.

Planning staff noted standard flood protections will apply, including a certified, licensed elevation certificate after construction to verify that the structure meets the required height above base flood elevation, and that the petitioner must comply with health‑department septic requirements. Board members who voted to approve emphasized the mitigation measures, the petitioner’s investment in the property, and letters of neighbor support in the record; dissenting members pointed to other potential buildable spots on the property and downstream flood impacts.

The DADU variance carries the condition of a deadline for completion and certification; the gravel and parking area will be revisited with drainage authorities before the board acts again.

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Scribe from Workplace AI
Scribe from Workplace AI