Chesterton’s Board of Zoning Appeals faced the unusual situation Thursday of handling two cases that involved an administrative appeal of a cease and desist order issued by the town’s building commissioner.
Jacob and Kerri Isom were cited by the town for operating a home-based business at their house in the 1000 block of Park Avenue. The business is not permitted in a residential zoned area.
Pramod Kondapelli received a cease and desist order for operating a short-term rental at 130 Washington Avenue, which is prohibited within an R-1 residential zoning district.
Associate Town Attorney Julie Paulson advised the board that they should consider not hearing Isom’s case because of an unpaid $50 administrative fee.
Mark O’Dell, town engineer and building commissioner, said that these cases are so rare, a town employee who accepted Isom’s administrative appeal didn’t realize that the fee was required.
BZA President James Kowalski decided that they would hear both sides of the case.
O’Dell and Alex Vode, the assistant building commissioner, presented evidence that included a social media post advertising K and J Wholesale Liquidation LLC. The business sold items such as women’s clothing, JBL speakers and outdoor furniture at discount prices.
The town became aware of the business after the Isom family held two yard sales at their residence in June.
Kerri Isom apologized to the BZA board, saying she didn’t realize that they were violating zoning laws. She said that she and her husband started the business to supplement their income.
BZA Board members said they didn’t want to discourage them from having a business, but that the rules had to be followed.
Following the suggestion of board member Richard Riley, the BZA decided to waive the $50 administrative fee and upheld the cease and desist order.
Kerri Isom said she would consult with the building commissioner about how they could continue their business while complying with the zoning code.
The BZA board followed Paulson’s advice and didn’t hear Kondapelli’s case because the paperwork wasn’t filed in time. A preliminary hearing on the case will be held at the August meeting
In addition to filing an administrative appeal, Kondapelli is also asking for a use variance for the short-term rental business.
Kondapelli asked the board if he was permitted to allow those who had committed to stay at the Washington Avenue house before the BZA could hear his case in August.
Board members stated that they wouldn’t overrule an administrative order without a hearing. O’Dell said it would be a business decision by Kondapelli to continue booking lodgers and risk being fined.
O’Dell told The Post-Tribune that the town became aware of the situation through a complaint about Kondapelli’s short-term rental business, which goes by the name SV Investments, LLC.
Kowalski noted that the state of Indiana leaves it up to the municipalities to police short-term rentals. He said there are cases where the owners of short-term rental properties don’t have the necessary insurance.
BZA board members recognized with a round of applause Gail Murawski, who, with Thursday’s meeting, was retiring after serving 23 years as the BZA’s clerk.
Jim Woods is a freelance reporter for the Post-Tribune.
