Town of Cedar Lake
Board of Zoning Appeals
Regular Meeting Minutes

Pledge of Allegiance

Mr. Kiepura called the meeting to order and led those present in the Pledge of Allegiance.

Roll Call

Minutes

Minutes of the July 9, 2026 regular meeting were distributed in advance.

Motion to approve the July 9, 2026 regular meeting minutes made by Mr. Jackson; seconded by Mr. Swick.

Motion carries, 5–0.

Old Business

1. 2026-17 — Azucar Ice Cream Shop — Use Variance DEFERRED (Third Time)

Julian Bravo, owner, appeared. Mr. Austgen advised the legals are still not in order: the newspaper publication for this hearing listed July 9, 2026 as the hearing date rather than the actual date of the hearing (August 13). This is the third consecutive month the required advertising has not been completed correctly.

Discussion

Mr. Austgen advised the Board that, because the advertising notice requirement has not been jurisdictionally satisfied, the Board cannot proceed to consider the merits of the petition at this hearing. Mr. Bravo expressed frustration and described confusion regarding which date should have been published, referencing a prior email that he felt did not clearly instruct him to appear at a work session to review the requirements, and noted the delay has caused him to miss the summer season for placing outdoor furniture. Mr. Jackson asked whether the Board could keep deferring indefinitely; Mr. Austgen confirmed the Board has discretion but recommended a clear final deadline. Board members and staff reiterated that the publication date must match the actual hearing date, and directed Mr. Bravo to meet directly with Ms. Hajduk or Mr. Kubiak at the Building Department to ensure he understands exactly what is required before the next hearing.

Mr. Austgen further recommended that, given the extended time that has elapsed since the original notice was issued, new certified mailings should also be sent to adjacent property owners in addition to corrected newspaper publication, to ensure the notice remains current and complete.

The Board was clear that this will be the final deferral: at the September 10, 2026 meeting, the petition will be either approved, denied, or removed from the agenda — no further deferral will be granted.

Motion to defer 2026-17 (Azucar Ice Cream Shop) to the September 10, 2026 meeting, with instructions to re-advertise correctly (matching the actual hearing date) and to reissue certified mailings to adjacent property owners, made by Mr. Jackson; seconded by Mr. Swick.

Motion carries, 5–0.

New Business

1. 2026-21 — Grana — Developmental Variance APPROVED (3–2)

Legals confirmed in order. Ms. Grana appeared and explained the family wishes to add a 14′×20′ living room addition plus an attached front porch to accommodate their family's needs; the existing front door location is not being altered. Mr. Kubiak clarified for the Board that, while the variance request as written references a "9-foot" and a "14-foot" figure, the net effect is a request for an approximately 20–21-foot front yard setback (versus the required 30 feet).

No remonstrators appeared. Board members noted the addition will project further toward the street than neighboring homes on the block; Ms. Grana stated she has spoken with her neighbors and received no objections.

Motion to approve the developmental variance for a living room and porch addition at 13412 Schneider Street, to the findings of fact, made by Mr. Burnham; seconded by Mr. Jackson.

Motion carries, 3–2.

2. 2026-22 — Majesky — Developmental Variance (Sign) APPROVED (4–1)

Legals confirmed in order. Mr. Majesky appeared with his attorney, Roy Dominguez, who presented photographs for the Board's reference. The proposed sign (approximately 8 feet tall by 16 feet wide) is comparable in scale to the previous "All Tire" signage at the same building location, mounted above the building overhang. Mr. Majesky confirmed the sign installer will handle securement to the building at their professional discretion.

Discussion addressed whether the variance would transfer to a future owner or tenant of the property; Mr. Austgen confirmed — consistent with the conditions and commitment documents established at the Plan Commission — that the variance does not automatically transfer; a future business at this location would need to seek its own approval.

No remonstrators appeared.

Motion to approve the developmental variance for a 128-square-foot sign on the front of the building (where 41 square feet is permitted), to the findings of fact, limited specifically to this petitioner's company signage and not transferable to any other party, made by Mr. Burnham; seconded by Mr. Jackson.

Motion carries, 4–1.

3. 2026-23 — Wehling — Developmental Variance (Fence) APPROVED (5–0)

Legals confirmed in order. Mr. and Mrs. Wehling appeared. Mr. Kubiak confirmed this is a common request along this particular street segment (a through-lot condition affecting approximately 60 similarly situated properties, most of which already have comparable fencing); the petitioners are among the last remaining homes on the street without one. No engineering or access concerns were raised regarding the adjacent drainage/utility easement. The Board noted, with some good humor, that the petitioners' written narrative statement was unusually thorough.

No remonstrators appeared.

Motion to approve the developmental variance to install a 6-foot PVC privacy fence in the rear yard, with the petitioner's written request incorporated by reference into the findings of fact, made by Mr. Burnham; seconded by Mr. Swick.

Motion carries, 5–0.

4. 2026-24 — Martin — Use Variance (Little Scouts Academy) Favorable Recommendation to Town Council (5–0)

Legals confirmed in order. Ms. Martin appeared and described the school as a small, individualized educational setting that may also offer homeschool enrichment and after-school tutoring. Mr. Kubiak confirmed the petitioner has already been thoroughly vetted at the Plan Commission level, including parking and bollard protection for the outdoor play area, and that this action is a recommendation to the Town Council (not a final BZA approval) — to be followed by Town Council action and a final return to the Plan Commission, with the full sequence expected to conclude within approximately three weeks.

No remonstrators appeared.

Motion for a favorable recommendation to the Town Council on the use variance to approve Little Scouts Academy at 13201 Morse Street, including the proposed outdoor play area, to the findings of fact, made by Mr. Burnham; seconded by Mr. Reiling.

Motion carries, 5–0.

Public Comment

Mr. Kiepura called for public comment. No public comment was received.

Adjournment

There being no further business, Mr. Kiepura adjourned the meeting.