Appellate Court Rules On Long Beach BZA Denial
December 8, 2014 — Lakeshore Public Media staff
The Indiana Court of Appeals is sending back to Long Beach town officials for further review a decision to revoke a building permit for a seawall and other improvements to fix 2010 storm damage to a lakeside property.
The Long Beach Advisory Board of Zoning Appeals rejected a request from Caddyshack Looper LLC for a zoning variance which allowed a new seawall to remain intact.
The appellate court judges ruled the company showed the BZA that strict application of a setback requirement will result in practical difficulties. A LaPorte County judge also ruled the seawall caused no damage to surrounding properties.
The Court of Appeals judges noted in their decision last week that Caddyshack Looper LLC did not try to get a variance before construction, and the Long Beach town clerk-treasurer and building inspector never raised any questions about the setback for the seawall when they gave Caddyshack a building permit or while it was being built.
They also noted there were no feasible alternatives for the location of the seawall.
[Photo of lakefront home, Long Beach, courtesy houzzz.com]