Cedar Lake Board of Zoning Appeals Minutes

Cedar Lake Town Hall, 7408 Constitution Avenue, Cedar Lake, Indiana
January 8, 2026 at 6:00 PM

Call to Order

Mr. Kiepura called the Board of Zoning Appeals meeting to order at 6:00 pm, on Thursday, January 8, 2026 with its members attending on-site. The Pledge of Allegiance was recited by all.

Roll Call

Members Present Via Zoom: None

Members Present: Jerry Reiling; Ray Jackson; Eric Burnham; James Hunley; John Kiepura, Chairman. A quorum was obtained.

Also Present: David Austgen, Town Attorney; Tim Kubiak, Director of Operations; and Cheryl Hajduk, Recording Secretary.

Absent: Ben Eldridge, Town Manager

Nomination and Appointment of Officers

Appointment of John Kiepura as Chairman

A motion was made by Mr. Reiling and seconded by Mr. Jackson to appoint John Kiepura as Chairman to the Board of Zoning Appeals. Motion passed unanimously by roll call vote:

  • Mr. Reiling - Aye
  • Mr. Swick - Aye
  • Mr. Jackson - Aye
  • Mr. Burnham - Aye
  • Mr. Kiepura - Aye

Result: John Kiepura elected as Chairman

Appointment of Eric Burnham as Vice Chairman

A motion was made by Mr. Jackson and seconded by Mr. Reiling to appoint Eric Burnham as Vice Chairman to the Board of Zoning Appeals. Motion passed unanimously by roll call vote:

  • Mr. Reiling - Aye
  • Mr. Swick - Aye
  • Mr. Jackson - Aye
  • Mr. Burnham - Aye
  • Mr. Kiepura - Aye

Result: Eric Burnham elected as Vice Chairman

Minutes: December 11, 2025

A motion was made by Mr. Reiling and seconded by Mr. Jackson to approve the December 11, 2025 Meeting Minutes. Motion passed unanimously by roll call vote:

  • Mr. Reiling - Aye
  • Mr. Swick - Aye
  • Mr. Jackson - Aye
  • Mr. Burnham - Aye
  • Mr. Kiepura - Aye

Result: Minutes approved unanimously

Old Business

1. 2025-43 - Groen - Developmental Variance

Owner:
Joseph and Amanda Porter, 5711 Huron Drive, Cedar Lake, IN 46303
Petitioner:
Groen Landscape Inc., 1904 Hart Street, Unit E, Dyer, IN 46311
Vicinity:
5711 Huron Drive, Cedar Lake, IN 46303
Parcel ID:
45-15-25-131-004.000-043

Mr. Kiepura stated the first order of old business is Petitioner is requesting a Developmental Variance to extend the footage between the pavilion and the deck from 8-feet to 10-feet; have a roof overhang on pool side that is 9.2-feet from water's edge and not 10-feet; and 26.5% over the 25% allowance for lot coverage. Mr. Austgen advised legals are in order.

Petitioner Comments:

  • Mr. Chad Groen, 9074 Klein Avenue, Crown Point, presented on behalf of owners explained the pavilion is a simple roofed structure without walls, serving as a shaded grill island area, which supports neighborhood consistency.

Building Department Comments:

  • Mr. Kubiak confirmed the minor setback reduction aligns with similar neighborhood precedents and poses no safety issues.

Mr. Kiepura called for remonstrators. Hearing none from public or online, remonstrations closed.

A motion was made by Mr. Burnham and seconded by Mr. Jackson to approve the Developmental Variance to extend the footage between the pavilion and the deck from 8-feet to 10-feet; have a roof overhang on pool side that is 9.2-feet from water's edge and not 10-feet; and 1.5% over the 25% allowance for lot coverage to the Findings of Fact. Motion passed unanimously by roll call vote:

  • Mr. Reiling - Aye
  • Mr. Swick - Aye
  • Mr. Jackson - Aye
  • Mr. Burnham - Aye
  • Mr. Kiepura - Aye

Result: Developmental Variance approved unanimously

New Business

1. 2025-44 - Serrano - Use Variance

Owner/Petitioner:
Luis E. Serrano, 1927 Spruce Cir., Munster, IN 46321
Vicinity:
12644 Wicker Avenue, Cedar Lake, IN 46303
Parcel ID:
45-15-20-229-019.000-014

Mr. Kiepura stated the first order of new business is Petitioner is requesting a Use Variance to store business vehicles on site.

Site Inspection and Discussion:

Mr. Kubiak visited site and inspected. Discussed fence requirements from previous night's Plan Commission work session. Tree line provides adequate buffer to Wicker Meadows subdivision on south.

Mr. Kubiak commented he was comfortable leaving existing natural screen rather than requiring fence improvements. Discussion ensued about number of parking spaces and outdoor storage:

  • Currently approximately 12 vehicles plus concrete forms and construction materials
  • Prior discussion referenced 15-20 vehicles
  • Board needs to set specific number for enforcement purposes
  • Outdoor storage includes vehicles, concrete forms, stone, and construction materials related to business
  • Owner confirmed 20 spaces adequate (currently at 12, some stored in shop, vehicles rotated as they age)
  • No storage of RVs, boats, or non-business items - business purposes only
  • Declined Verizon cell tower offer to keep property for own business use

Infrastructure Discussion:

Mr. Kubiak noted vacated 127th Avenue (main drive aisle/entrance) needs resurfacing - tracking mud on Route 41. Southern 15-20 feet of entrance area in rough condition. Discussion about timeframe:

  • Mr. Kubiak suggested 6 months (by June)
  • Mr. Jackson suggested 9 months (considering winter/spring weather delays)
  • Board settled on 6 months - not large project, can be asphalted or concreted
  • Existing buffer zone on south side of property to remain (tree line between property and subdivision)

Mr. Kiepura called for remonstrators three times. Hearing none from public or online, remonstrations closed.

A motion was made by Mr. Burnham and seconded by Mr. Swick to approve use variance with following conditions and a recommendation to the Town Council:

  • Contingent upon legal review
  • Approve up to 20 parking/storage spaces for vehicles and construction materials related to business
  • No RVs, boats, or non-business storage
  • Resurface vacated 127th Avenue entrance area within 6 months
  • Maintain existing buffer zone/tree line on south property line
  • To the Findings of Fact

Motion passed unanimously by roll call vote:

  • Mr. Reiling - Aye
  • Mr. Swick - Aye
  • Mr. Jackson - Aye
  • Mr. Burnham - Aye
  • Mr. Kiepura - Aye

Result: Use Variance approved unanimously with conditions

2. 2025-45 - Botterman - Developmental Variance

Owner/Petitioner:
Marinus B. Botterman, 1821 E. Rainbow Lane, Crete, IL 60417
Vicinity:
14216 Greenleaf Place, Cedar Lake, IN 46303
Parcel ID:
45-15-35-104-007.000-043

Mr. Kiepura stated the next order of new business is Petitioner is requesting a Developmental Variance is to allow the Petitioner to change building setbacks for proposed improvements: 66' front width, 5' side yard setbacks, 5' rear yard setback, only 1 off-street parking, and 5' rear yard setback.

Re-advertise development variance application per staff directions before resubmission as the publication was not done in time for the meeting.

3. 2025-46 - M&L Adventures - Developmental Variance

Owner:
M&L Adventures, c/o Vis Law, PO Box 980, Cedar Lake, IN
Petitioner:
Vis Law, PO Box 980, Cedar Lake, IN
Vicinity:
10715 W. 133rd Avenue, Cedar Lake, IN 46303
Parcel ID:
45-15-28-126-017.000-014 & 45-15-28-126-023.000-014

Mr. Kiepura stated the next order of new business is Petitioner is requesting a Developmental Variance to allow on east side of parking lot, for parking lot to extend to within one foot of the edge of the property line, expand monument sign from 60 square-feet to 72 square-feet, extend height of monument sign from 6-feet to 18-feet, allow additional electronic sign, size to be 12x24, mounted on pole, maximum height of 32-feet, and allow front, side and rear parking.

Petitioner Comments:

Mr. Nathan Vis, Vis Law, PO Box 980, Cedar Lake, IN commented we are requesting three developmental variances for signage:

  1. Monument sign: 12' x 5.5' (total 72 sq ft) for up to 7 tenants - requesting 12 sq ft over 60 sq ft code limit; maximum height 18' (vs 6' code); 18" per tenant subset sign
  2. Electronic LED sign: V-shaped 12' x 24' mounted on pole with maximum height 32' - for tenant marketing, billboard use, and municipal/public service announcements (10% screen time for town/schools)
  3. Total sign height requested: 32 feet

Mr. Vis presented property viewed as entryway to town from 133rd approaching railroad. Seven-tenant commercial building planned. National tenants want visibility. High-efficiency LED sign allows brightness/direction control to meet luminescence requirements at 150-200 feet. Findings of fact provided in packet.

Mr. Kiepura called for remonstrators three times. Hearing none, remonstrations closed.

Extensive Discussion:

  • Monument sign on owner's property (not vacant railroad strip)
  • Mr. Reiling noted 133rd designated as commercial corridor - town wants neat, organized first impression (accomplished with autobody, Sweet Peas, Culver's, Dr. King's, etc.)
  • Top electronic sign ("garage door-sized" billboard) not related to building tenants - serves as billboard and municipal messaging
  • Monument sign alone would be 3x code height (18' vs 6'), plus additional 12' for electronic sign = 32' total
  • Owner acknowledged billboard function but emphasized municipal messaging component (daughters' dance championships, Hanover sports, ice racing, etc.)
  • Comparison to existing grandfathered billboards (Sportsman's Den, Dairy Queen) - those pre-date commercial corridor designation
  • Board concern about setting precedent on 133rd commercial corridor
  • Negotiations: reduced from 12x24 to potentially 10x20 electronic sign; monument height from 18' to 15'
  • Parking plan requires review (front and side parking)
  • Mr. Kubiak suggested monument sign acceptable, electronic billboard not appropriate for 133rd corridor character
  • Item requires Plan Commission and Town Council approvals after BZA

Procedural Issue:

Procedural confusion arose about sequencing: BZA sends to Town Council, but item also needs Plan Commission review. Mr. Kubiak clarified item should go to Plan Commission first (site plan), then Council. Mr. Vis commented going to Council first in January, will be moved to February Plan Commission to get proper sequencing.

After extensive discussion, item deferred to allow petitioner to work through Plan Commission process first and reconsider signage proposal in light of board feedback about billboard appropriateness on commercial corridor.

Vote on Deferral:

A motion was made by Mr. Burnham and seconded by Mr. Reiling to defer the sign discussion to the next meeting in February. Motion passed unanimously by roll call vote:

  • Mr. Reiling - Aye
  • Mr. Swick - Aye
  • Mr. Jackson - Aye
  • Mr. Burnham - Aye
  • Mr. Kiepura - Aye

Result: Item deferred to February meeting

Vote on Parking:

A motion was made by Mr. Burnham and seconded by Mr. Swick to allow parking on the east side to be one-foot off the property line and to parking in the front, side and rear side parking to the Findings of Fact. Motion passed by roll call vote:

  • Mr. Reiling - Nay
  • Mr. Swick - Aye
  • Mr. Jackson - Aye
  • Mr. Burnham - Aye
  • Mr. Kiepura - Aye

Result: Parking variance approved 4-1

4. 2025-47 - Littles - Use Variance

Owner:
Tommy Littles, 9602 W. 135th Place, Cedar Lake, IN 46303
Petitioner:
Barbara Littles, 9602 W. 135th Place, Cedar Lake, IN 46303
Vicinity:
9602 W. 135th Place, Cedar Lake, IN 46303
Parcel ID:
45-15-28-280-006.000-014

Mr. Kiepura stated the next order of new business is Petitioner is requesting a Use Variance to allow the Petitioner to run a home-based hair salon in a R-2 Zoning District. Mr. Austgen advised that legals are in order.

Petitioner Comments:

  • Ms. Barbara Littles, 9602 W. 135th Place, Cedar Lake, IN, commented the salon will operate from the garage with business hours of 9 AM to 6 PM weekdays and 9 AM to 3 PM Saturdays, with no Sunday operations, and a limit of two client vehicles at a time to minimize neighborhood disruption.
  • This variance does not transfer with property ownership, ensuring control over business continuity and neighborhood compatibility.
  • The Board confirmed compliance with prior similar home-business variances and noted the increased sewer fee applicable to business use, clear for the petitioner's financial planning.

The variance is contingent on Plan Commission and Town Council approval, with final hearings scheduled for February 2026.

A motion was made by Mr. Burnham and seconded by Mr. Jackson to send a favorable recommendation to the Town Council for a special use pertaining to the hair salon business only; two cars maximum to be parked on premises, with business hours of 9 AM to 6 PM weekdays and 9 AM to 3 PM Saturdays, with no Sunday operations contingent on Plan Commission approval and to the Findings of Fact. Motion passed unanimously by roll call vote:

  • Mr. Reiling - Aye
  • Mr. Swick - Aye
  • Mr. Jackson - Aye
  • Mr. Burnham - Aye
  • Mr. Kiepura - Aye

Result: Favorable recommendation to Town Council approved unanimously

Public Comment

None was had.

Adjournment

Mr. Kiepura adjourned the meeting at 7:32 p.m.

Legal Notice

These Minutes are transcribed pursuant to IC 5-14-1.5-4(b) which states:

(b) As the meeting progresses, the following memoranda shall be kept:

  1. The date, time, and place of the meeting.
  2. The members of the governing body recorded as either present or absent.
  3. The general substance of all matters proposed, discussed, or decided.
  4. A record of all votes taken by individual members if there is a roll call.
  5. Any additional information required under section 3.5 or 3.6 of this chapter or any other statute that authorizes a governing body to conduct a meeting using an electronic means of communication.

Minutes of January 8, 2026