Batesville Herald Tribune, Batesville, Indiana

Local News

February 11, 2014

Yes votes for bakery kitchen and garage

The Batesville Board of Zoning Appeals approved two applications in Residential-2 zones Feb. 6. With two members absent, longtime President David Raver and two new members to the panel, Tony Gutzwiller and Luke Kaiser, voted on the decisions.

They granted a home occupation permit to Rosena Kennedy so she can install a specialty bakery kitchen in the family home at 395 Arlington Drive.

Before the vote, Raver noted the home will still look residential. “No more than a fourth of the house is going to be used for this. Everything will be done inside of the house.” Bakery items will be delivered or picked up. “There will no onsite retail.” He noted Becky’s Best cake shop was in a home, “so there’s a precedent.”

Gutzwiller, elected BBZA vice president that night, asked if Farmington Estates had any covenants banning home businesses and Kennedy and her husband, Mark, said no.

After the meeting, Kennedy said she will create specialty custom baked goods, such as cakes, cookies and cupcakes, including gluten-free items. Nina’s Sweets will open after a second kitchen is constructed in the home.

Brent Fagan, 25 Hickory Lane, applied for a developmental variance to allow a garage to be built 3 feet off of the back property line, less than the 20-foot minimum required by the city’s code.

Fagan explained he needs a second garage because “as I speak right now, my wife’s car is out in the snow and my Suburban. I collect Porsches and they get favorable treatment. They have the garage spots.”

The applicant said he chatted with 11 Lake of the Woods neighbors about the possible garage and “every one of them gave me a heads-up.”

Raver pointed out, “You could do this without a variance” if the garage was built closer to the house. “What’s the motivation for not complying?” Fagan gave five reasons. The garage would block views of trains that run just past the back property time several times daily. It would be closer to an electricity source. A driveway already leads directly to it. If the garage was closer to the home, it would be “in direct sight of four or five of my neighbors,” but near the property line it would be more hidden. Also, if it was built closer to the residence, a concrete pad now used for parking would have to be removed.

Kaiser asked, “It doesn’t interfere with the railroad right of way?” The answer was no.

The variance was OK’d after members unanimously agreed on four factors, including one that stated unique circumstances must exist. They noted there are railroad tracks instead of a neighbor’s home at the back of the lot.

Debbie Blank can be contacted at or 812-934-4343, Ext. 113.

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