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.

Meeting Called to Order: 6:00 p.m.

Roll Call

Minutes

Minutes of the August 13, 2026 regular meeting were distributed in advance.

Motion to approve the August 13, 2026 regular meeting minutes made by Mr. Reiling; seconded by Mr. Jackson.

Motion carries, 5–0.

Old Business

1. 2026-17 — Azucar Ice Cream Shop — Use Variance REMOVED FROM AGENDA

Mr. Kiepura noted this item has now been deferred across four consecutive meetings (June 11, July 9, August 13, and tonight) due to recurring advertising/notice deficiencies. Given the extended time this matter has carried, the Board determined it should be removed from the agenda entirely, with the understanding that the petitioner may restart the application process from the beginning if he wishes to proceed further.

Motion to remove 2026-17 (Azucar Ice Cream Shop) from the agenda made by Mr. Burnham; seconded by Mr. Swick.

Motion carries, 5–0.

New Business

1. 2026-25 — Misch — Developmental Variance APPROVED (5–0)

Petitioner's Comments

Jennifer Lublow (14137 Silver Street), a neighbor of the petitioner, appeared with a limited power of attorney to represent Mr. Misch, who participated by phone due to connectivity issues on Zoom. Mr. Austgen advised that any Board action be made contingent upon confirmation of the power of attorney's scope and compliance with application requirements.

Mr. Misch explained the lot is 115 feet deep; the proposed one-story home is 61 feet deep, leaving 54 feet to be divided between front and rear yards. He proposed splitting the difference evenly (27 feet each) rather than requesting a larger variance on one side. The proposed front setback would align with the neighboring home referenced by Ms. Lublow. No side yard variances are needed.

Building Department's Comments

Mr. Kubiak confirmed the lot has ample coverage area and that the proposed setbacks are generally consistent with other homes along that stretch of 142nd Avenue.

Remonstrators

No remonstrators appeared.

Board Discussion and Decision

Motion to approve the developmental variance for a 27-foot front yard setback and 27-foot rear yard setback at 8715 W. 142nd Avenue, to the findings of fact, contingent upon confirmation of the power of attorney and compliance with application/notice requirements, made by Mr. Reiling; seconded by Mr. Jackson.

Motion carries, 5–0.

2. 2026-26 — Krusaroska — Developmental Variance APPROVED (5–0)

Petitioner's Comments

Ms. Krusaroska appeared via Zoom and explained she is replacing an original 1950s-era garage on the property with a new garage of the same permitted 1,000-square-foot footprint, but with taller sidewalls to accommodate additional storage and a taller garage door. The overall height will not exceed the height of the existing house.

Building Department's Comments

Mr. Kubiak confirmed the footprint and lot coverage comply with requirements and that the property is large, with substantial setback from neighboring structures.

Remonstrators

No remonstrators appeared.

Board Discussion and Decision

Motion to approve the developmental variance for a 1,000-square-foot garage with 16-foot sidewalls and 20-foot overall height at 14133 Parish Avenue, to the findings of fact, made by Mr. Burnham; seconded by Mr. Reiling.

Motion carries, 5–0.

3. 2026-27 — Benson — Developmental Variance APPROVED (5–0)

Petitioner's Comments

Ms. Benson appeared.

Building Department's Comments

Mr. Kubiak explained the property's unusual configuration: it fronts on an unimproved, platted street (Knight Street) that functions more like a dead-end and is unlikely ever to be developed, given a hill and an already-improved parallel street one block over. Because Knight Street is platted (even though unimproved), the property technically has two "front" yards, leaving Ms. Benson without a conventional side or rear yard in which to locate the garage or pool without a variance. If Knight Street did not exist as a platted right-of-way, the requested setback would instead be treated as a standard 6-foot side yard, which would not require a variance.

Remonstrators

No remonstrators appeared.

Board Discussion and Decision

Discussion confirmed the proposed pool would be approximately 25 feet from the house, and that an existing shed would be removed as part of the project.

Motion to approve the developmental variance for a 1,200-square-foot garage in the front yard of the corner lot with 10-foot sidewalls, 16-foot height, and a 6-foot setback from unimproved Knight Street, and to allow a pool in the front yard of the corner lot, to the findings of fact, made by Mr. Burnham; seconded by Mr. Jackson.

Motion carries, 5–0.

4. 2026-31 — Kryda — Developmental Variance APPROVED (5–0)

Petitioner's Comments

Mr. Kryda appeared and explained the proposed deck would extend 11 feet from the front of his home, in line with the existing west wall of the house, which is already situated approximately 4.2 feet from the property line (an older, pre-existing home).

Building Department's Comments

Mr. Kubiak confirmed the deck does not worsen the existing nonconforming condition and simply continues the established building line.

Remonstrators

No remonstrators appeared.

Board Discussion and Decision

Motion to approve the developmental variance for a front deck with a 4-foot side yard at 6907 W. 145th Avenue, to the findings of fact, made by Mr. Burnham; seconded by Mr. Reiling.

Motion carries, 5–0.

5. 2026-28 — Carrasquillo — Use Variance UNFAVORABLE RECOMMENDATION TO TOWN COUNCIL (5–0)

Legals and Procedural Matters

Mr. Austgen initially advised that newspaper publication had not yet been confirmed on file, though the Board could proceed contingent upon that confirmation. Later in the hearing, after a dispute arose regarding ownership representation (below), Mr. Austgen confirmed that the notice on file and published for this hearing correctly identified the owner as Lucero Aguilar Carillo, consistent with the original application — meaning the notice itself was properly issued to adjacent owners regardless of any subsequent question about the property's ownership structure.

Petitioner's Comments

Sade Carrasquillo appeared and described the proposal: a transitional recovery home for women and children, operated by the nonprofit organization "For the Love of the Arts" (established 2015, operator of Shine Recovery Cafe in Crown Point), funded through a grant from the Lake County Commissioners drawn from Opioid Settlement Funds. Key program details:

• Residents would stay approximately six months to one year while accessing parenting classes, recovery support, counseling, and job-readiness services.
• Maximum occupancy of nine: one live-in staff member present at all times, plus up to eight women and children.
• No outside visitors except scheduled service providers; a maximum of four vehicles on the property at any time; substance-free property with monitoring (breathalyzers, random drug testing).
• Children would continue attending school and maintain regular routines.
• A one-year lease with the property owner began in August 2026; a copy was provided to Ms. Hajduk in advance.
• Ms. Carrasquillo stated there are currently no women-and-children recovery homes in Lake County, and described the program as filling that gap.

Later in the hearing, following extensive remonstrance, Ms. Carrasquillo addressed the Board again. She shared that she herself had lived in a similar home with her mother as a child, and stated her view that the trauma of separating a mother and child is greater than the disruption of a temporary shared living environment. Her son was present in the audience. She stated the funding source is Opioid Settlement Funds, not general tax dollars. She also stated that if the Board or Town Council were to deny the variance, she would prefer an official denial over a voluntary withdrawal, as she is seeking to be released from her lease obligation on the property.

Ownership Representation Dispute

A person identifying himself as Brandon Walker appeared stating he represented the property owner. Mr. Walker stated the property is owned by BLB Real Estate LLC (not Lucero Aguilar Carillo, the name on the original application), and that the property has operated as a rental since 2013. He stated he had not been directly notified of the concerns raised by neighbors prior to the hearing.

Mr. Austgen questioned whether Mr. Walker had documentation establishing his authority to represent the property owner (e.g., power of attorney or proof of LLC membership); Mr. Walker did not have such documentation with him at the hearing, stating he could provide it afterward, and maintained he was present to support the petitioner rather than to formally represent the owner in a legal capacity. Mr. Austgen advised the Board that, in his opinion, the hearing should not proceed to a final decision without a confirmed owner or authorized representative present, though by that point in the meeting the bulk of public testimony had already been received. Mr. Austgen subsequently clarified that the published notice itself was valid, having correctly used the name on the original application.

Written Correspondence

Ms. Hajduk read into the record the names and addresses of 13 residents who submitted written letters regarding this petition, noted for the record as being in opposition. Per Mr. Austgen's direction, copies of all 13 letters are to be appended to these minutes in full so the complete written record is preserved:

• David and Kathleen Calari, 14203 Wheeler Street
• Jeffrey Dees, 6612 W. 142nd Place
• Danielle and Laura Elizalde, 14219 Windsor Street
• Jose Lorenzo, 14216 Fairbank Street
• Cortney Bishop, 14216 Fairbank Street
• Bill and Donna Wadkins, 6621 W. 142nd Court
• Laura McLaughlin, 6610 W. 142nd Place
• Nick and Amy Berchem, 6614 W. 142nd Place
• Joe Rhoades, 14218 Fairbanks Street
• Persa Muvceska, 14204 Wheeler Street
• Lisa Weyhe, 6700 W. 142nd Place
• Matthew and Danielle Papa, 14202 Wheeler Street
• Amber Lisek, 14220 Windsor Street

Remonstrators (In-Person Testimony)

A substantial number of Deerview subdivision residents and one adjacent property representative appeared. Their testimony centered on several recurring themes, summarized here by topic rather than reproduced individually in full:

• Use variance legal standard: Several speakers (notably Ryan Lisek, 14220 Windsor Street, and Amber Lisek, 14220 Windsor Street) argued the petitioner had not demonstrated the specific findings required under Indiana law and Ordinance 1402 for a use variance — in particular, a property-specific hardship and a condition peculiar to the property distinguishing it from ordinary residential use. Mr. Lisek clarified that his objection was to whether the legal standard for a Use Variance was met, not to recovery services or the population to be served, and submitted a petition signed by 44 neighborhood residents opposing the variance along with supporting documentation.
• Neighborhood character and access: Multiple speakers (including Marcy Neely, David Calerie, Bill Watkins, Karen Tice, and Chris Delgadillo) described Deerview as a small, close-knit, single-access ("one way in, one way out") subdivision, and expressed concern that approving a Use Variance here would set a precedent affecting the character of the neighborhood.
• Public safety concerns from a professional background: David Calerie (14203 Wheeler Street), identifying himself as a former police officer and current hospital Security Director, expressed concern based on his professional experience that a recovery-focused population could increase demand on police and fire services and present risk exposure to neighboring residents, citing the program's own materials addressing contingencies for medical emergencies, mental health crises, and relapse.
• Concerns specific to children in the proposed environment: Leah Rhodes (14218 Fairbanks Street) raised concerns about whether a shared, transient living environment serves the best interests of the children who would reside there, focusing on privacy, stability, and routine, while stating her comments were not intended to judge the women who might live in the home.
• Occupancy, parking, and rental history concerns: Bill Wadkins and others raised questions about compliance with vehicle and occupancy limits, referenced a history of past problematic tenants at the property (including, per Ryan Lisek, prior incidents involving an aggressive dog and reported firearm discharge), and noted uncertainty over the property's ownership structure.
• Regulatory/building standard questions: Terry Broadhurst (631 N. State Street, Lockport, IL; owner of a Cedar Lake property at 14513 Morse Street) raised questions regarding whether the structure meets building code standards applicable to group or public housing (e.g., egress, accessibility, bathroom capacity), suggesting such considerations should be addressed at the Plan Commission level if the use is to proceed.
• Assumption regarding population served: One speaker, Shirley Justina (6618 W. 142nd Place), stated her opposition was partly based on concern for the safety of what she referred to as "migrant kids." The petitioner's presentation did not reference immigration status at any point; this appears to reflect the speaker's own characterization rather than information provided by the petitioner or confirmed on the record.

Building Department's Comments

Mr. Kubiak stated he shares many of the same concerns raised by residents, noting his view that this use is more appropriately located in a commercially zoned area (e.g., B-1) rather than a residential neighborhood, and that this concern would apply to a use of this nature regardless of the specific program or population involved.

Board Discussion and Decision

Mr. Kiepura emphasized, more than once during the hearing, that the Board's consideration is limited to whether the proposed use is appropriate for this specific residentially zoned location — not an evaluation of the recovery program's merits or a judgment on the population it would serve. Board members (Mr. Reiling and Mr. Jackson) stated they did not find a demonstrated hardship justifying a use variance, noting the property can continue to be used and rented as an ordinary single-family residence under its current zoning.

Motion to send an unfavorable recommendation to the Town Council on the Use Variance to operate a women's and children's home at 14218 Windsor Street, to the findings of fact, contingent upon the Town Attorney providing a written opinion addressing the property ownership and representation questions raised at the hearing, made by Mr. Burnham; seconded by Mr. Reiling.

Motion carries, 5–0.

Public Comment

Michael Vanderbost — 14215 Fairbanks Street

Mr. Vanderbost, a recent homebuyer, explained he received a notice shortly after moving in regarding a shed on the property that does not comply with setback requirements; the shed was placed by a previous owner approximately one year ago. Mr. Kubiak explained the situation and advised Mr. Vanderbost on the process to seek a variance, including obtaining a plot survey diagram showing the shed's location, and confirmed the Board would give such a request due consideration given the circumstances were not of his making. Mr. Vanderbost was directed to work with the Building Department to prepare an application for a future meeting.

Ryan Lisek — 14220 Windsor Street

Following the earlier hearing, Mr. Lisek asked whether homeowners have any recourse regarding problematic rental properties in their neighborhood. Mr. Austgen advised that a recently enacted state law, effective July 1, 2026, precludes municipalities from enacting legislation restricting rental use of residential property, absent an applicable homeowner's association restriction specific to a subdivision.

No further public comment was received.

Adjournment

There being no further business, Mr. Kiepura adjourned the meeting at approximately 7:30 p.m.