The Victor Zoning Board of Appeals approved two area variance requests Monday evening and held an extensive public hearing on a proposed in-law apartment conversion that would require a use variance.
The board granted variances for a monument-style entrance sign at the Highline Park development and for a shed placement on McMahon Road. Both approvals followed detailed applicant presentations and board deliberation focused on visibility, aesthetics, neighborhood impact, and topographic constraints.
Highline Park Sign and Lighting Approved
Representatives for Morelle Builders received approval to install a monument sign with downlighting at the entrance to their Highline Park development, located at 7652 Main Street Fishers. The project includes a mix of 26 townhomes and three apartment buildings.
The board granted variances allowing the sign in a residential district and permitting it to be illuminated by solar-powered downlights, as prohibited under current town code. The 6-foot-wide sign will feature the community’s name and include the phrase “a Morrell community,” which had been a point of contention during the board’s review.
After debating the purpose and branding relevance of the “Morrell” designation, board members agreed that it did not detract from the character of the neighborhood. They imposed a condition that the sign lighting be capped at 4,000 lumens and that the sign must be removed if the private road accessing the development becomes public in the future.
Several board members noted that the sign’s design and quality would visually improve the streetscape, particularly compared to aging commercial signage nearby. “I thought it kind of fit in with the area—actually a little more attractive than the other signs right in the general neighborhood,” one board member said.
Variance Granted for Shed Placement
The board also approved an area variance for a 12-by-16-foot shed on the property of Bob Pittenger at 1236 McMahon Road. Pittenger sought to place the shed six feet from the side property line—closer than the 15-foot minimum setback required under zoning regulations.
Pittenger explained that his existing shed was too far from the driveway and difficult to access in the winter. The new shed will be located near the garage for easier snow blower access. He cited mobility challenges and topographic limitations, noting the rest of the lot slopes away and would require costly grading.
Board members acknowledged that the adjacent property is a municipal sewage facility owned by the Town of Farmington, and no objections had been raised. They also noted the shed would not be visible from the street or have any adverse impact on neighbors or the environment.
Use Variance for Barn Apartment Tabled
The board postponed a decision on a request from Peter Heyneman, a resident of 3 Fishers Hill Top, who is seeking a use variance to convert an existing detached barn into a one-bedroom in-law apartment.
Heyneman told the board that the project would allow him and his wife to age in place while allowing his son’s family to move into the main house. He emphasized that the barn is insulated and heated, making it a cost-effective option.
However, the board reminded Heyneman that use variances are difficult to obtain under state law, requiring proof that the property cannot yield a reasonable return without the proposed use. Board members asked for additional documentation of financial hardship and potential alternatives. They indicated willingness to reconsider the application at a future meeting once the necessary evidence is submitted.
“We understand the family dynamic and intent here,” Chair Mike Crowley said, “but we’re bound by legal standards that must be met for a use variance. That includes demonstrating economic hardship and uniqueness of the property.”
The next meeting of the Zoning Board of Appeals is scheduled for June.
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