Suess v. Vogelgesang

The Metropolitan Board of Zoning Appeals of Marion County, Indiana, granted a “Use” variance to appellants (Suess) sought for the purpose of utilizing residential premises as a physician’s office. Certain remonstrators and the Metropolitan Planning Department (appellees herein) opposed such variance. It should be noted that the Planning Department based their opposition not upon violation of the Master Plan but rather upon the fact that Suess, a practicing physician, had razed a garage, had resurfaced the area thus vacated for parking purposes and had commenced remodeling the residential…