SPENCER, Ind. — The Owen County Board of Zoning Appeals denied a request from William and Rebecca Holloway to operate a commercial gift shop on their 10-acre property at 9993 Newport Road, commonly known in filings as Heartland Hollows Lavender Farm.

The BZA voted 3-1 to deny the Holloways' application after reading findings of fact and conclusions of law into the record. The board concluded the petitioners “failed to establish that they have met all 5” statutory requirements for a use variance set out in the county zoning ordinance, and denied the variance, the chair said during the meeting.

The petitioners, who do not live on the property, filed for the use variance on June 6, 2025. According to the written findings read at the Aug. 20 meeting, the Holloways already constructed a nearly operational gift shop on the site and planned to sell a mix of farm-produced and outside-sourced goods and to stage periodic educational workshops. The parcel is identified in the record as Parcel 601203090000023 and is zoned agricultural.

The BZA record shows the Holloways complied with the county's notice requirements. The application was considered at an initial hearing on July 10, 2025, but a quorum was not present to complete a vote; the hearing was rescheduled and held Aug. 20 at the Owen County Courthouse. Counsel for the petitioners, Terry English, attended the Aug. 20 hearing, and written letters both supporting and opposing the proposal were entered into the record.

Public opposition at the hearing cited concerns including increased vehicle traffic, alcohol consumption on the property, and impacts from commercial development on nearby landowners. The minutes and recording of the hearing were made part of the official record, the findings state.

Under the county's zoning standards recited into the record, to obtain a use variance petitioners must show that approval would not injure public health, safety, morals or general welfare; would not substantially adversely affect adjacent property values; that a need for variance arises from conditions peculiar to the property; that strict application of the ordinance creates unnecessary hardship; and that approval would not substantially interfere with the comprehensive plan. The BZA concluded the Holloways did not satisfy those criteria and denied the variance.

After the findings were read, a motion to sign and adopt the written findings of fact and conclusions of law carried (voice vote). The BZA chair stated, “The request for a variance is denied and we will be approving that tonight.”

The decision denies the Holloways the zoning relief they had sought to operate the gift shop in its current form; the findings of fact and the hearing record will be retained by the BZA as the formal basis for the denial.

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