Cedar Lake Board of Zoning Appeals Minutes

Call To Order:

Mr. Kiepura called the Board of Zoning Appeals meeting to order at 6:00 pm on Thursday, February 12, 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; Pete Swick; John Kiepura, Chairman. A quorum was obtained.

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

Absent: None

Minutes: January 8, 2026

A motion was made by Mr. Burnham and seconded by Mr. Jackson to approve the January 8, 2026 Meeting Minutes. Motion passed unanimously by roll-call vote:

Old Business:

1. 2025-44 – Serrano – Use Variance

Mr. Kiepura stated the first order of old business is the Petitioner requesting a Use Variance to store business vehicles on site (deferred from the January 8, 2026 meeting). Legals in order per Mr. Austgen.

Mr. Luis Serrano, 1927 Spruce Cir., Munster, IN, commented he would like a Use Variance to store vehicles outside and inside the property for his concrete business.

Item previously reviewed at Plan Commission. Key details:

• Small section to be paved
• Up to 20 parking/storage spaces for vehicles, concrete forms, equipment, stone, and construction materials
• Business use only (no boats, RVs, or non-business items)
• Vegetation on south side to remain for screening to Wicker Meadows
• Drive entrance from Route 41 to enclosed gate area
• South of concrete area needs repaving
• 20 spaces include work vehicles and material storage (pile of stone = 1 space, concrete forms = 1 space)
• Mr. Austgen noted Plan Commission minutes contain accurate conditions – recommended board consider following those conditions

Mr. Kiepura called for Remonstrators; seeing none, public comment was closed.

A motion was made by Mr. Swick and seconded by Mr. Burnham to approve the Use Variance and to send a favorable recommendation to Town Council, following Plan Commission meeting conditions from their motion on January 21, 2026 to approve site plan waiver with condition that storage be business-related only (no boats, only business-related storage), and limited to 20 spaces, maintain the existing fence and tree line, and paving the entrance road to reduce mud issues. Motion passed unanimously by roll-call vote:

2. 2025-45 – Botterman – Developmental Variance

Mr. Kiepura stated the next order of old business is the Petitioner requesting a Developmental Variance to allow changing building setbacks for proposed improvements: 66’ front width, 5’ side yard setbacks, 5’ rear yard setback, only 1 off-street parking. Mr. Austgen advised legals are in order.

Mr. Marinus Botterman, 1821 E. Rainbow Lane, Crete, IL, and Jent Botterman, commented he would like to replace an existing building with a new one featuring 5-foot side yards, a 5-foot rear yard setback, and a 400 square foot garage with an unfinished second story.

• Mr. Reiling was concerned about 5-foot setbacks on both sides (north and south) with no access to back of house for safety
• Property owner owns adjacent properties including house to north (with 10-foot access easement) and house behind (on Greenleaf)
• Existing house currently 3 feet off south property line (non-conforming)
• New house improves setbacks: 5 feet on sides, 8 feet rear (vs. zero setback on old house)
• North side has 5-foot setback plus 10-foot graveled access easement (15 feet total)
• Two-story garage questioned – owner explained need for storage, 10 grandchildren, currently no backyard access except from lake
• Mr. Reiling suggested tearing down both existing houses (this one and one behind) to create better lot, but owner explained financial constraints, mortgages, tenant in place 25 years
• Existing house behind has steps encroaching over property line – cannot sell until resolved
• Mr. Reiling concerned about 5-foot setbacks eliminating access to both sides; asked if the house can be made smaller
• Discussion about garage size – started wanting to remodel and add to existing house (would have been 1.2 feet from road), ended up with this configuration
• Owner can reduce garage by 2 feet (from 10 feet to 8 feet) on back if needed, but rear setback already at 8 feet minimum

Mr. Kiepura called for Remonstrators; seeing none, public comment was closed.

Mr. Kubiak commented the garage was kept back ten feet, so there would be one parking space in front of the garage.

Mr. Reiling requested a site plan showing the house footprint on the lot before making a decision. The Board typically receives a visual showing design placement on the lot. The Petitioner had not yet applied for a permit or advanced the project far – wanted variance in place first. Board members could not visualize where the extra 5% lot coverage was coming from without a site plan.

Mr. Kubiak explained: all within building envelope setback lines (8-foot side yards in Beacon Pointe); front/rear/side setbacks not changing; if measured setback box on lot (30-foot front, 30-foot rear, 8-foot sides), box would be 40–45% – house just has to stay inside box, which is way larger than 25% coverage. Everything else complies with setbacks. Extra 5% is two-story garage (porch was part of original design).

Mr. Reiling satisfied based on Mr. Kubiak’s explanation that side yards/setbacks not changing and ordinance requirements maintained.

• Board members expressed concerns about the tight 5-foot setbacks, especially for emergency access and safety, recommending 8-foot side yards if possible
• Discussion highlighted that the lot is unusually narrow and irregular, limiting feasible building size; the petitioner owns adjacent properties offering some easement and access options
• The board requested the petitioner review and possibly reduce the garage size and adjust setbacks to better fit safety standards before the next meeting time; much discussion ensued regarding changing side yard layout of new house with the lot not being big enough and the other house on the parcel

A motion was made by Mr. Burnham and seconded by Mr. Swick to defer this item to the next month at the March 12, 2026 meeting. Motion passed unanimously by roll-call vote:

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

Mr. Kiepura stated the next order of old business is the Petitioner requesting a Developmental Variance to allow on the east side of the parking lot, for the 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.

Mr. Kiepura stated this item will be deferred to next month.

A motion was made by Mr. Burnham and seconded by Mr. Reiling to defer the sign request for M&L Adventures to the March 12, 2026 meeting. Motion passed unanimously by roll-call vote:

New Business:

1. 2026-01 – Diamond Peak – Developmental Variance

Mr. Kiepura stated the first order of new business is the Petitioner requesting a Developmental Variance to increase the lot coverage from 25% to 30%. Mr. Austgen stated legals are in order.

Mr. Michael Herbers, Diamond Peak Homes, 1313 White Hawk Drive, Crown Point, IN, explained the proposed home is a story and a half with a main floor master bedroom and an attached three-car garage to reduce on-street parking.

• The Board confirmed the variance does not reduce any setbacks; all side, front, and rear yards meet existing ordinance requirements
• The Board stressed the importance of submitting detailed site plans and house footprint visuals in future cases to aid decision-making

Mr. Kiepura called for Remonstrators; seeing none, public comment was closed.

A motion was made by Mr. Burnham and seconded by Mr. Jackson to allow a Developmental Variance to increase the lot coverage from 25% to 30% to the Findings of Fact. Motion passed unanimously by roll-call vote:

Public Comment:

None was had.

Adjournment:

Mr. Kiepura adjourned the meeting at 6:49 p.m.