Judge clears way for courthouse construction

By BILL RICHMOND

City editor

A special judge Tuesday returned an opinion that the County Board of Zoning Appeals decision regarding the setback requirement for a proposed court annex does not apply. The decision will likely clear the way for construction of a two-story annex on the south courthouse lawn.

Randolph Superior Court Special Judge John W. Forcum in a declaratory judgment found that the BZA decision to deny a setback variance on the south side of the courthouse square was proper as based upon evidence presented as it applied to the ordinance. He said the BZA decision of May 19 is a correct, proper and necessary decision based upon the evidence known and presented at the hearing.

Forcum also said that newly discovered evidence (i.e. a survey of the courthouse square located by the Zoning Director Cathy Flatter) has determined that a variance from the right-of-way setback requirement is no longer required for the Franklin Street side of the courthouse. According to the newly discovered survey, the Franklin Street side of the courthouse is a side yard and there are no side yard setback requirements for a building in a commercial zoning district.

The courthouse square is zoned commercial.

Forcum said that in light of this new evidence, the earlier BZA decision does not apply.

The zoning dispute has held up construction of a proposed court annex. The county board of commissioners at its Aug. 18 meeting approved a motion to have an independent judicial system make a decision before the county proceeds with construction of the annex.

Flatter said that in her search for documents that would lead to a conclusive decision on on the matter, she uncovered a Feb. 2005 survey of the courthouse property conducted by Mote and Associates for Martin, Riley Architects. The survey, which was not part of the county's variance petition, shows that the Meridian Street side of the courthouse is the shortest distance from the foundation to the right-of-way, technically making it the front of the courthouse and the only side that requires a setback. Previously it was thought that the courthouse was an equal distance from each roadway, making it - by zoning definition - a building with four frontages, requiring 25-foot setbacks on all sides.

Forcum regularly presides Blackford County Superior Court.