having her daughter reside in the primary home will alleviate her daughter's current financial hardship as she works to send her son to college. Ms. Hardin noted that the property is designated to be inherited by her daughter.
Supporting Testimony: Kimberly Green (1410 W. Berkeley Ave., Muncie, IN), the applicant’s daughter, testified in support. Ms. Green confirmed her mother's severe health challenges and noted that living on the same parcel will allow her to deliver necessary daily care while providing vital mutual financial relief.
Board Inquiry and Discussion: In response to questions from Mr. LaChat and Mr. Carroll regarding infrastructure and utility hookups, Ms. Green stated that preliminary assessments have been conducted with contractors. The proposed ADU will feature full electrical wiring, municipal water, sewer service, and a complete bathroom. She clarified that the 400-square-foot dimension originated from initial general inquiries made to county zoning staff regarding size thresholds.
Staff Review & Zoning Code Clarification: Ms. Swackhamer reviewed the zoning provisions governing ADUs in R-3 Residence Districts:
- Special Use Permission: An ADU is permissible in an R-3 zone as a Special Use, provided the floor area is not less than 300 square feet (the zoning code contains no 400-square-foot maximum cap).
- Parking Requirements: The ordinance mandates two off-street parking spaces per dwelling unit, requiring the installation of a dedicated driveway and parking pad.
- Setbacks & Aesthetics: In response to inquiries from Mr. Brand, Ms. Swackhamer confirmed that the ordinance does not prescribe architectural design styles beyond standard residential building code compliance. The submitted plot layout demonstrates full compliance with R-3 setback rules (10 feet on side yards, 20 feet on the rear yard) and provides ample area for off-street parking.
Opposition: No one appeared in opposition.
Voting: Mr. Dishman made a motion for a Favorable Recommendation for BZA 55-26 to be forwarded to the Board of Zoning Appeals. Mr. Brand seconded the motion. Voting in favor: Mr. Brand, Mr. Carroll, Mr. Dishman, Mr. Ivy, Mr. LaChart, and Ms. Sipe. Voting against: None. Motion carried (6-0), BZA 55-26 to be forwarded to the September 24, 2026 BZA regular meeting.
BZA 65-26 — Leslie Ann Ginder
Being an appeal filed by Leslie Ann Ginder, requesting a Special Use Variance to allow an in-home occupation of a nail salon in an R-3 Residence Zone at the premises of 2900 West Petty Road, Muncie, Indiana, as more accurately described in the application.
Petitioner Testimony: Leslie Ann Ginder (2900 W. Petty Rd., Muncie, IN) stated she has been a licensed cosmetologist and nail technician for 33 years. She works full-time at a local manufacturing plant on 12-hour shifts (a 2-2-3 continental schedule working 7:00 A.M. to 7:00 P.M.). Following the sudden closure of the commercial salon where she worked for 26 years, she seeks to transition her established client base to her home 1 to 2 days per week. The proposed salon will operate out of an existing attached mother-in-