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Wednesday, September 10, 2008
Ind. Courts - "Judge rules on Winchester courthouse variance"
"[N]o setback ever was needed" Today, from the Muncie Star-Press:
WINCHESTER — A special judge has finally settled the issue of whether the Randolph County Courthouse ever needed a variance for its much-beleagered construction project. The ruling, from John Forcum of Blackford County, was issued Tuesday, less than two weeks after county commissioners sought a declaratory judgment on a technical issue that has been a recent sore spot.In Forcum's ruling, he determined that the Randolph County Board of Zoning Appeals acted properly in April when it voted 5-1 to deny Randolph County commissioners a variance setback for the courthouse.
He also ruled that with new evidence that has become available since that hearing, a survey of the courthouse lawn and property, that no setback ever was needed. That survey, and the related dimensions and measurements of the property, indicate that the south side of the courthouse, facing Franklin Street is a side yard, and not a front yard as previously believed. And according to the Unified Zoning Ordinance, there are no side-yard setback requirements for properties in a commercial zoning district.
The ILB would like to post a copy of Judge Forcum's ruling. If any reader can assist, please contact me.
For background, see the June 4 ILB entry headed "Search for the front of the Randolph County Courthouse continues", the May 29th entry headed "Who am I? Why am I here?", and the May 20th entry headed "Setback requirement deals setback to Randolph County courthouse project."
Posted by Marcia Oddi on September 10, 2008 08:40 AM
Posted to Indiana Courts