A house in the first block of Hjelm Road in Porter is unusual in its vertical configuration with two distinct living quarters and even two separate driveways.
Donovan Hilbrich bought the house with the idea of fixing it up and turning it into a duplex with two rental units.
So, Hilbrich went to Porter’s Board of Zoning Appeals on Aug. 20 with a request for a variance from residential zoning rules that would allow him to use the property as a duplex.
“I want to go through the proper channels,” Hilbrich said, in explaining his request.
But the BZA didn’t see things Hilbrich’s way and denied the request in a 4-1 vote, with member Erik Wagner dissenting.
Hilbrich is appealing the BZA’s decision to the Porter Superior Court.
“The decision is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, including the law governing lawful nonconforming uses,” the lawsuit states.
One of the issues is that historically, the residence has had separate tenants. Jennifer Klug, a Porter resident who attends every government meeting, noted that a town official possibly could have granted permission to a previous owner because Porter for several years during the 1980s handled issues that way and didn’t have BZA meetings.
A story in the Feb. 15, 1989, edition of The Chesterton Tribune stated that Porter’s BZA didn’t meet for seven years from 1979 to 1986. “The town used to do some things that were not necessarily right,” Klug said.
Town Planner Jim Mandon recommended that the BZA deny Hilbrich’s request, noting that if the board granted the variance, it could adversely affect the value of neighboring single-family homes in an area zoned residential. Mandon said it also didn’t fit with the town’s comprehensive plan.
The BZA’s decision is supported by neighbors. Council President Laura Madigan, D-Ward 1, said the consensus she’s heard from people is that they believe allowing a duplex could open the neighborhood to similar projects.
“We’re not opposed to this young man doing an investment,” said Judith Chemma, a neighbor who lives on Fleming Road. “We are opposed to a duplex.”
Ron Hilbrich, Donovan’s father, testified during the BZA hearing that it is costing his son money because even just switching the utilities back to a single line “would be a massive financial burden.”
In the appeal, it’s noted that the property consists of two separate single-family houses on a single parcel.
The structures were later joined together by an enclosed connector.
For years afterward, the house was marketed and used as shared living quarters.
“Although not separately approved as a duplex, petitioner and predecessors in interest have continuously maintained this two-area configuration since before adoption of the current zoning provisions that would otherwise prohibit or restrict such use,” the lawsuit said.
In the lawsuit, Daniel Timm, Hilbrich’s attorney, said he would produce historical utility service records, photographs, tax and assessment records to support his case.
Michael Barry, the town’s development director and building commissioner, said there are no records in the town’s archive concerning the Hjelm Road property being granted permission to operate like a duplex.
BZA members noted that there have been cases where mother-in-law suites were allowed with homes, but that’s not the same as permitting a duplex.
Jim Woods is a freelance reporter for the Post-Tribune.
