Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES December 3, 2008 MEMBERS PRESENT: for a Variance from the Parking Space Size Requirement located in the 4600 to Rudy Williams, Chairperson 4700 blocks of South Scatterfield Road on Connie Klungness, Member Greg Spencer, Member the east side. Willie Rayford, Member Mr. Stires stated this is for Charles Street MEMBERS ABSENT: Associates LLC for a special exception for a B-4 Community Shopping Center Harold Smith, Vice Chairperson Development as well as two variances. This petition was filed for the 4600 to 4700 block of OTHERS PRESENT: South Scatterfield Road on the east side. Mr. Stires stated after further review they have Michael Widing, Development Director decided to withdraw their petition. They may Tim Stires, Assistant Development Director re-file sometime in 2009, but at this time they Dave Wilbur Sr. Zoning Administrator are asking for this to be withdrawn. Stephanie George, Board Secretary; and William Kreegar, Attorney Mr. Stires asked if the Board would act on this withdrawal first because the next two are ROLL CALL AND DECLARATION OF A continuances. QUORUM: Mrs. Klungness made a motion to withdraw Mr. Williams called the meeting to order at Petition #42-08 and Petition #42A-08. Mr. 4:37 p.m. Ms. George took roll call and Rayford seconded. Motion passes 4 yes, 0 no. declared a quorum with four members in attendance. Mr. Williams performed the PETITION #40-08 Invocation and the Pledge of Allegiance. Submitted by Jerry Alexander, Clint and Shelly Short for a Special Exception for a MINUTES: Church. The November 5, 2008 minutes were approved PETITION #40A-08 as presented. Mr. Williams asked Mr. Kreegar if they had any amendments to the minutes Submitted by Jerry Alexander, Clint and before the vote was taken. Motion passed Shelly Short for Variance from the unanimously; 4 yes, 0 no. Minimum Lot Size Requirement. BUSINESS: PETITION #40B-08 Submitted by Jerry Alexander, Clint and PETITION #42-08 Shelly Short for a Variance from the Submitted by Charles Street Associates, Parking Requirement located at 21 West LLC for a Special Exception for a B-4 8th Street. (Bickel Building) Community Shopping Center Development. Mr. Stires stated this church is to be located at 21 W. 8th Street and we know it as the PETITION #42A-08 Bickel Building. They are asking for an 1 additional month to finish up their drawings for Petition #40-08, Petition #40A-08 and Mr. Kreegar stated they could table Petition Petition #40B-08. Mr. Stires stated there is a #45-08 and Petition #45A-08. letter on file for the continuance. Mrs. Klungness made a motion to table Mrs. Klungness made a motion to continue Petition #45-08 and Petition #45A-08. Mr. Petition #40-08, Petition #40A-08 and Petition Spencer seconded. Motion passed 4 yes, 0 no. #40B-08 until the next meeting. Mr. Rayford seconded. Motion passed 4 yes, 0 no. Mr. Widing stated Staff would like to have a special meeting be held two weeks from this PETITION #45-08 evening for Petition #45-08 and Petition #45A- Submitted by Hoosier Park Racing and 08 or possibly a new request. There has been some changes that have developed and it Casino for a Variance from the Maximum could possibly cause this sign to be relocated Width of the Pole Sign (Base Cover) to a new location on Charles Street. Mr. Requirement. Widing stated they are trying to work out those details with all parties concerned. PETITION #45A-08 Submitted by Hoosier Park Racing and Mrs. Klungness asked what date would be two weeks from tonight. Mr. Widing stated the Casino for a Variance from the Pole Sign 17th. Face Size (Square Footage) Requirement located at 2002 Charles Street. Mr. Donnelly stated any day between the 16th and 18th would work for him. Mr. Stires stated this is to be located at 2002 Charles Street and they are asking for this to Mr. Williams stated December 17th, at 4:30 be continued. This is for a new casino sign. pm here in the council chambers for the special meeting. Mr. Williams asked Mr. Kreegar could the two petition’s be put together in a motion or done PETITION #41-08 separately? Mr. Kreegar stated yes they could Submitted by Hoosier Park Racing and be done together. Casino for a Variance from the Sidewalk Mr. Widing stated it is a possibility there will Requirement located at 4500 Dan Patch be a change to the petition, is that going to be Circle. (Hoosier Park) a continuance or do they need to file a new application? Mr. Kreegar stated if the location Mr. Stires stated this property is located on is going change it would be a new application, the east side of the intersection of Virgil Cook because you would have to advertise again. Boulevard and Dan Patch Circle. This property contains 141 acres, has a split zoning Mr. Widing asked does the Board want to of I-3 Industrial Reserved, B-3 Neighborhood continue it and have Mr. Donnelly file a new Shopping Center and B-4 Community application? Mr. Kreegar stated Mr. Donnelly Shopping Center. Mr. Stires added a primary could dismiss the petition or withdraw the plat for a single lot for Hoosier Park received petition at the next meeting. Plan Commission approval on October 28, 2008. All utilities are available to the site. Mr. Widing stated let’s continue it and see if the Board could have a special meeting to Mr. Stires stated the petitioner appears before hear the new petition. the Board seeking approval for a variance from the sidewalk requirement. Staff notes Mrs. Klungness asked could Mr. Donnelly the submitted primary plat shows the have a special meeting for one filing? Mr. sidewalks along Virgil Cook Boulevard and Kreegar stated yes. Dan Patch Circle amounts to nearly 1800 ft. or .33 of a mile. Mr. Stires added Staff notes 2 there are sloped roadside drainage ditches and there is going to be somebody ending up along both roadways which would make it in that pond before it’s over with. Mr. difficult to construct the 5 ft. wide concrete Donnelly stated over the past 15 years there sidewalks. The petitioner adds since Hoosier have been several people in the pond. That Park was built in 1995 they have received might be one of the reasons those Hoosier multiple waivers from the Board’s Design Park Signs are located in front of the pond. Standards which calls for sidewalks along adjacent roadways. Mr. Widing stated Dan Patch Circle is City right-of-way and those signs are there with a Mr., Stires stated Staff is recommending license to encroach. That is not the approval of the sidewalk variance because of responsibility of Hoosier Park. Mr. Widing drainage concerns and due to the fact Hoosier added they are responsible for a maintenance Park has received several sidewalk waivers agreement to maintain the pond and they for various phases of the racetrack and casino have put a better fountain than what the Park over the past dozen years. Department put in. They have taken pro- active measures out at Hoosier Park. Dick Donnelly, 1615 Broadway, stated only one point to clarify, each of the areas Mr. Donnelly stated during our next project represented there where sidewalks are Hoosier Park will be glad to address required was granted a waiver by this Board sidewalks, lighting and any other issue that prior to the special exception. Prior to 2008, may come up. that is what was required, but due to a court case in southern Indiana, in the past the Plan Mr. Rayford made the motion to approve Commission would have looked at the waiver Petition #41-08 based on the following from the Board of Zoning Appeals and granted findings of fact. The approval of the proposed their version of the variance and moved on variance would not be injurious to the public and done it. Mr. Donnelly added they are health, safety, morals and general welfare of caught in this in-between stage where they the community, because the sidewalks that we have gotten the waiver not to do sidewalks are talking about mostly are on Hoosier Park and now because of reinterpretation by a property and there is little to no pedestrian court, the State law says to do a variance traffic in that area. The approval of the rather than a waiver. proposed variance would not adversely affect the surrounding properties, because the Mr. Donnelly stated one of his engineers he property itself or where the sidewalks were works with asked hadn’t they done this before, proposed it is nowhere near any other seeking variances or waivers from sidewalks. property in the surrounding area, it would not Mr. Donnelly answered yes for this whole affect anybody else. The strict application of project and everything is designed drainage the terms of the zoning ordinance would result wise not to have sidewalks. If it would have in practical difficulties in the use of the been designed anew or expanded, they would property, if the proposed variance were denied be expected to put sidewalks in. because to put a 5 ft. wide concrete sidewalk in there where the sloped drainage ditch is Mr. Donnelly stated they are caught in the would be very costly and very unnecessary in middle of a process, we could make the legal his opinion. Mr. Mrs. Klungness seconded. argument that this waiver or this variance Motion passed 4 yes, 0 no. isn’t really required, but they want to honor your process and work with you rather than PETITION #43-08 fight it. Submitted by Modern Medical Management, Inc. and Stratfam I, LLC Mr. Williams asked Mr. Donnelly to relay a for a Special Exception for a School message to Hoosier Park that they need to address Virgil Cook Boulevard or Dan Patch (Massage Therapy). Circle there is not enough lights on that circle 3 PETITION #43A-08 approved in January 2008 for the ModernSkin Submitted by Modern Medical clinic will also serve as the access for the Management, Inc. and Stratfam I, LLC massage therapy school. for a Variance from the Front Setback Mr. Stires stated the submitted site plan Requirement shows a pre-existing parking lot on the north and south sides of the existing building. A PETITION #43B-08 total of 21 asphalted and curbed parking Submitted by Modern Medical spaces (10 ft. by 18 ft.) are shown on the north Management, Inc. and Stratfam I, LLC (front) side of the building. Mr. Stires stated for a Variance from the Side Yard those 21 spaces are reserved for the ModernSkin portion of the building. A total of Setback Requirement located at 2725 26 asphalted and curbed parking spaces (10 ft. Enterprise Drive. (ModernSkin) by 18 ft.) are shown on the south (rear) side of the building. Mr. Stires added those 26 spaces Mr. Stires stated this property is located in are reserved for the massage therapy school the 2700 block of Enterprise Drive on the students and staff. south side in the Flagship Office Park. This property contains a one-story, 10,000 sq. ft. Mr. Stires stated the parking requirement for building, a fourth of which is occupied by the a school calls for one space per 5,000 sq. ft. of ModernSkin health clinic, which received building space, and one space per four Board approval in January 2008. students of driving age. The petitioner has indicated there will be four (4) staff members, Mr. Stires stated the petitioner is seeking the school will occupy 4,000 sq. ft. and there special exception approval for a massage will be 24 students, which translates to 11 therapy school (Validus Academy) to be parking spaces required. Mr. Stires added the located in a portion of the ModernSkin proposed massage there school easily exceeds (formerly Tree Climbers) building. The the parking requirements by a wide margin. massage therapy school would occupy 4,000 sq. ft. of the building and would accommodate Mr. Stires stated the submitted site plan 24 students who would be taught and trained shows the same exterior lighting approved by by four (4) staff members. Mr. Stires added the Board in January 2008 for the the school would be operated Monday through ModernSkin health clinic facility will remain Friday from 9:00am to 2:00pm. The petitioner the same for the massage therapy school. A says the school will be offering a 600-hour total of two (2) wall signs measuring 1.25 ft. program over a five (5) month period, which by 22.17 ft. by 14 ft. high will be located on the will also include an internship program. Mr. northeast and southeast corners of the Stires stated this state-of-the-art facility will building. Mr. Stires added the proposed signs offer a detailed curriculum which will focus on will state “Validus Academy with a logo.” The preparing its students for a career in massage signs meet the City Sign Ordinance guidelines therapy. for wall signage. Mr. Stires stated the submitted site plan Mr. Stires stated the landscaping plan for the shows the proposed massage therapy school massage therapy school is the same does fall short of meeting the Figure 9 landscaping showing a combination of shrubs Requirements for the minimum front yard and and trees planted around the perimeter of the side yard setbacks for the school. The property. The landscape plan shows the minimum front yard setback for a school is ModernSkin, Validus Academy site with a lot 100 ft., while the minimum side yard setback coverage of 60 percent, which is well below the is 40 ft. Mr. Stires added the site plan shows maximum allowable lot coverage of 75 the proposed massage therapy school with percent. The site will be 40 percent green or 80.5 ft. front yard setback, and 21.25 ft. and landscaped. 53.91 ft. side yard setbacks. The site plan shows the same 28.83 ft. access driveway 4 Mr. Stires stated the petitioner is also would arrive at the school by car in the requesting two (2) waivers from the Board’s morning hence the waiver request. Design Standards regarding sidewalks and cross-access. Both waivers were requested and Mr. Austin stated they are really seeking the approved for the ModernSkin facility back in special exception which is the site plan January 2008. Mr. Stires added the waivers approval for the school itself. Then they are are being requested a second time because it seeking the two (2) variances that Mr. Stires is for a second use. The sidewalk waiver is referred to. Mr. Austin added this would be a being requested because there are no other good project for the Flagship, the community sidewalks in close proximity, except for the and it will better utilize the building; again Flagship Development Center to the east. Mr. that is underutilized at this point. Stires stated the petitioner added there is no pedestrian traffic in the Flagship. The cross- Dean Stratman, 1153 West County Road 700 access waiver is being requested because the North, Greenfield, Indiana. petitioner believes there will be no common traffic between the massage therapy school Mr. Williams asked Dr. Stratman was it his and the nearby businesses. idea to bring this massage school to Madison County? Dr. Stratman stated yes. Mr. Stires stated Staff is recommending approval of the special exception for the Mr. Williams asked if these petitions are massage therapy school, the variances (front approved do you have people already in line or yard setback and side yard setback) and how fast could they get started? Dr. Stratman waivers (sidewalks and cross-access), because stated he “always put the cart before the it meets a majority of the applicable Figure 9 horse” and they have already hired and are Requirements, and adds another business to hoping to start at the end of January. Dr. the Flagship business park. Staff also believes Stratman added he does have a lead approval of the school for therapeutic massage instructor hired who works in Pendleton as a will help meet an anticipated demand for chiropractor who is also a massage therapist. massage therapists as our population There are a few local massage therapists that continues to age. will be employed with them also as instructors. Dr. Stratman added they are Mike Austin, 911 Meridian Plaza, stated they ready to go pending the Board’s approval. were before this Board fairly recently. Mr. Austin added he is representing Dr. Stratman Mr. Williams asked is there a waiting list of who is the primary owner with the corporation applicants? Dr. Stratman stated they have a and the actual titleholder which is an LLC. handful or 75 leads right now and they are Dr. Stratman is a dentist and Dr. Stratman hoping to get 24 signed up and come through and his brother have a practice on 53rd Street. the program. Mr. Austin added Dr. Stratman lives in Greenfield, but has made a substantial Mr. Williams asked would this be valuable for investment here in Anderson. It will take a the City of Anderson? Dr. Stratman answered modern underutilized building and expand its he believes it will be, yes. It is adding to the use which will provide both additional educational vault of the City and most of the employment and educational opportunities for prospective students are either college this community. educated and wanting to go back to a different career, stay at home moms that want to get Mr. Austin stated the reasons for the out of the house, and a handful of 18 to 19 variances are more technical. This building year olds that are getting out of high school already exists and they are really dealing with not going to college and they are all seeking requirements that are probably more suitable this profession. for a school in the sense of a different type of school. Mr. Austin added this is more for adult Mr. Williams asked as the students go learning opportunities for commuters who through the program and graduate, you hope 5 that they will start their own massage Mrs. Klungness asked if he owned the whole business or how do you look upon that? Dr. building. Dr. Stratman answered yes the Stratman stated there are several different whole building is his. ModernSkin is in the avenues for them, but primarily right now, northwest quadrant of the building right now. when people are getting out of massage school, The Validus Academy will be in the 4,000 sq. in the State of Indiana they have just formed ft. or 40 percent of the eastern part of the a Board of Massage Therapy for Licenser, so building. they can get the massage parlor out of the industry and it will be more for relaxation Mrs. Klungness asked would there be a massage or a medicinal or therapeutic separate entrance for the Academy? Dr. massage. Individuals opening up there own Stratman stated everyone will use the shop or going from house to house is probably common area or main entrance and they have the most prevalent, because it is a lot of part- a common foyer with a receptionist desk. time employment, however a lot of physical therapists and chiropractors are bringing on Mr. Spencer asked what does Validus mean? massage therapists. Dr. Stratman added he Dr. Stratman stated Validus is a Latin word owns the med spa next door in the same that means strong, robust or able. building and they have massage therapist in the facility right now. Mr. Spencer asked do you plan or do you have now a relationship with potential employers of Mr. Williams asked is there a special the graduates of your school, maybe some regulations or something from the State that cruise ship, resorts things of that nature? Dr. you need for requirements to have a school? Stratman answered they have made multiple Dr. Stratman stated they have been approved contacts with spas, resorts, cruise ships and as applicant status with Indiana Commission they are trying to set a relationship with the of Proprietary Education (ICOP). Anytime Indianapolis Colts to be the massage school within the first 12 months that school is open, for the Colts. They think that will happen, but they will come out and inspect and either to they can’t do anything until they are officially maintain a school or deny it. Dr. Stratman open and have students signed up. added the school will be top notch, he doesn’t expect any problems with ICOP at all, and Mr. Spencer asked Dr. Stratman that he is they want to set the standard for massage taking steps to try and help your graduates therapy schools in the State of Indiana. The find employment? Dr. Stratman answered yes, State had just started the Board and they are he will have career placement or job trying to decide what exam to require. placement services for their alumni. Massage therapy is not required to have a license right now, but they are suppose to Mr. Spencer made the motion to approve change that in 2009, so this school will be one Petition #43A-08 based on the following of the first that train to the exam. Dr. findings of fact. The approval of the proposed Stratman stated all of their graduates would variance would not be injurious to the public have to be licensed in the State. health, safety, morals and general welfare of the community, because the variance is for an Mrs. Klungness asked how long would it take existing structure that has been in existence for a class? Dr. Stratman answered typically for a number of months, and it will allow for a five (5) months, Monday through Friday from new use and serve a public need of education. 9:00 am to 2:00pm. Dr. Stratman added they The approval of the proposed variance would would have a 100 hour internship that they not adversely affect the surrounding would have to complete also. properties, because the variance is for an existing structure that has been in existence Mrs. Klungness asked how many students for a number of months, and it will allow for a would you take per class? Dr. Stratman new use and serve a public need of education. answered up to 24 students. The strict application of the terms of the zoning ordinance would result in practical 6 difficulties in the use of the property, if the proposed special exception is consistent with proposed variance were denied it is an the spirit, intent and purpose of the zoning existing structure and this variance will allow ordinance, because it will allow for increased for it to be used for public education and serve education and hopefully economic and a public need and to strictly enforce would employment activity in the community. Mrs. unduly put a financial burden on the Klungness seconded. Motion passed 4 yes, 0 petitioner. Mr. Rayford seconded. Motion no. passed 4 yes, 0 no. PETITION #44-08 Mr. Spencer made the motion to approve Submitted by Kamaldeep Singh and Petition #43B-08 based on the following Phillip A Troyer, Inc. for a Special findings of fact. The approval of the proposed variance would not be injurious to the public Exception for a Automobile Filling health, safety, morals and general welfare of Station / Convenience Store. the community, because the variance is for an existing structure that has been in existence PETITION #44A-08 for a number of months, and it will allow for a Submitted by Kamaldeep Singh and new use and serve a public need of education. Phillip A Troyer, Inc. for a Variance from The approval of the proposed variance would the Front Yard Setback Requirement not adversely affect the surrounding properties, because the variance is for an located in the 1400 block of South existing structure that has been in existence Madison Avenue on the east side between for a number of months, and it will allow for a West 14th Street and West 15th Street. new use and serve a public need of education. The strict application of the terms of the Mr. Stires stated this property is located in zoning ordinance would result in practical the 1400 block of South Madison Avenue on difficulties in the use of the property, if the the east side between West 14th Street and proposed variance were denied because the West 15th Street. This property has a split financial requirement to meet those zoning of B-1 assigned to the north half, and requirements would be unduly burdensome on B-2 assigned to the south half. Mr. Stires the petitioner and this variance will allow for added the property contains .84 of an acre and public education opportunities. Mrs. is the former site of a pharmacy and a Klungness seconded. Motion passed 4 yes, 0 barbeque restaurant (Chuck-Quish). no. Mr. Stires stated the petitioner is seeking Mr. Spencer made a motion to approve special exception approval for the construction Petition #43-08 based on the following of a gas station / convenience store and gas findings of fact with a waiver for cross-access pump canopy. The petitioner is proposing to and sidewalk requirements. The proposed clear the site and construct a 46 ft. by 102 ft. special exception is in a proper zone district. by 21.5 ft. high convenience store. Mr. Stires The requirements of Figure 9 have been met, stated the front yard setback requirement in a there were variances but they were granted. B-1 zone class is 30 ft. and the side yard The proposed special exception will serve a setback requirement is 10 ft. The site plan public need and convenience, because shows the convenience store meets both front education opportunities to the citizens of and side yard setback requirements easily. Anderson, hopefully resulting in a better Mr. Stires added the gas pump island / canopy educated population and potentially increase meets the West 14th Street front setback and the economic activity. The proposed special the side setback to the east, but at 13 ft. exception will not permanently injure the encroaches on the front setback along South appropriate use of the surrounding properties, Madison Avenue by 17 ft. The petitioner is because this structure is an existing structure seeking a variance from the front yard setback that has been in use for many months and requirement. hasn’t caused any issues to this point. The 7 Mr. Stires stated the site plan shows a lot of the gas pump canopy. A satisfactory coverage calculation of 75 percent covered by isolume plan is on file. building and hard surface, while 25 percent will be green or landscaped. The petitioner Mr. Stires stated staff is recommending meets the lot coverage allowance for a approval of the special exception and variance commercial property. Mr. Stires added the (front yard setback) because the proposed gas submitted landscaping plan calls for planting station / convenience store / canopy project a variety of trees and shrubs around the meets a majority of the Figure 9 perimeter of the property and on the south Requirements and a majority of the setbacks. side of the convenience store. Staff also believes this project will remove a blighted area from Anderson’s westside, and Mr. Stires stated drainage plans have been will enhance and upgrade the neighborhood. submitted to the City Engineer for review. If Staff believes approval of the special exception the Board should approve the project, no and variance will allow this new business to permits will be issued until a drainage permit better serve the community. has been approved. Phil Troyer, architect from the Town of Mr. Stires stated the submitted site plan Laotto, Indiana (north of Fort Wayne). shows a total of 26 curbed and paved parking spaces (10 ft. by 18 ft.) along the north and Mrs. Klungness asked the setback west sides of the convenience store. A 10 ft. by requirement from the pump that is from the 15 ft. dumpster enclosure is shown in the end of the canopy? What would it be from the northeast corner of the convenience store by pump? Mr. Stires answered 30 ft. but he will the alley. Mr. Stires added the site plan shows defer to Mr. Troyer for an accurate three (3) access driveways ranging from 24 ft. measurement. wide to 40 ft. wide. The driveways are located off West 14th Street, West 15th Street and Mr. Williams stated he was glad that someone South Madison Avenue. Mr. Stires stated the was making an attempt to do something on site plan shows existing sidewalks on all three that corner because that is one of the streets. The petitioner has agreed to replace gateways into Anderson and he hopes if this is any deteriorated sidewalk sections and install approved tonight that the station will be handicapped ramps and close off unused really nice. driveways by constructing new sidewalks. Mr. Williams asked about sidewalks. Mr. Mr. Stires stated the petitioner’s elevation Troyer answered they would be happy to plans call for five (5) wall signs on the north repair the sidewalks. There is quite a bit of and west sides of the building. The site plan sidewalk that has curb cuts and needs to be also shows a single pole sign, measuring 8.08 replaced anyway. Mr. Widing stated they had ft. by 10.3 ft. by 22 ft. high to be located on the a discussion about the sidewalks in the early northwest corner of the property. Mr. Stires stages of discussions with Mr. Troyer. The added the pole sign is shown with adequate owner has several other stations here in clearance and the required 10 ft. front setback central Indiana and had done a wonderful job as specified in the Board’s Design Standards. in maintaining those stations. Two (2) canopy signs, measuring 3 ft. by 4.5 ft. by 16 ft. high, are shown on the north and Mr. Williams what are the hours of south sides on the canopy. Mr. Stires stated operations? Will it be seven (7) days a week? staff notes it has not been determined what Mr. Troyer answered they would fully expect each sign will state, but the size of all the that to be a seven day a week, and he doesn’t signs do meet the City Sign Ordinance think it would be a 24 hour convenience store. requirements. Kamaldeep Singh, 10362 Delphi Court, Mr. Stires states the lighting plan also shows Fishers, Indiana stated he has seven gas (14) 320-watt metal halide lights in the ceiling stations and wants to develop this area and he 8 will see how it goes after a month, if it will go they call this particular layout a dive-in 24 hours, otherwise it will be 5:00 am to arrangement and it lets everyone be in the 11:00 pm or midnight. front row and there is a dramatic improvement in the utilization when they go Mr. Williams stated to Mr. Singh how to one row. When you have two rows deep, the important that area is to make that station front car takes about 80 percent while the really nice, and to the City of Anderson. other car has 20 percent, this is more effective, and easier for customers to come in Mr. Williams asked would there be any vision and out. block? Mr. Troyer answered there would be no obstruction to the vision there, but they are Mrs. Klungness asked would the setback is putting a fence along the alley to obstruct that probably met on the first pump or the one sight line which would be a benefit to the closest to Madison Avenue? Mr. Troyer neighbor. answered it will be close but within a couple of feet of the setback. Mr. Williams asked Mr. Troyer he said vinyl fence, because that area has been open, you Mrs. Klungness asked the setback that we are will have real good neighbors back there that not meeting is the canopy that is high in the have been maintaining their property forever. air and you are seeking a variance on that? Mr. Troyer answered that is why they have Mr. Troyer answered yes. concentrated the green area on that end of the property so that could be maintained. Mrs. Klungness asked Mr. Troyer if he is the owner and operator? Mr. Troyer answered he Mr. Williams stated the Reese’s have been is the architect and he is working for Mr. taking care of that property for some time. Mr. Singh. Troyer stated the vinyl fence would be a solid, opaque fence 6 ft. high, so there would be no Mrs. Klungness asked if he has worked on maintenance. other stations throughout the state? Mr. Troyer answered yes. Mr. Troyer stated the landscaping plan also shows some evergreen trees that will be Mrs. Klungness asked if any of them are planted in the green area. located in Anderson? If not, where would be the closest one? Mr. Troyer answered not in Mr. Williams asked if they are going to make Anderson but the closest one is in Noblesville. it look nice from the description of all the They just completed one in Fort Wayne. plantings? Mr. Widing stated yes. Mrs. Klungness asked if it were a secret who Mr. Williams asked will the convenience store this is or anything, or you’re just not saying be located on the foundation of the former right now? Mr. Troyer said it is not a large Chuck-Quish restaurant or would you move chain. Mr. Singh stated it would be a it? Mr. Troyer answered it is a similar Marathon. location, but totally different because of the height and shape, it would be a totally new Mrs. Klungness asked it would be a foundation. convenience store as well? Mr. Troyer stated it would have a food program within the space, Mrs. Klungness asked are they single pumps which would provide just the off the shelf or would they be double? Mr. Troyer stated it items, as well as some prepared foods. would be one fueling station on either side of the island. Each individual box has a pump or Mrs. Klungness stated having lived close to a nozzle on either side. convenience type store, she found about the time a candy bar was finished or a cigarette Mrs. Klungness asked there wouldn’t room in done, it would end up in her yard. Mr. Troyer that space to put doubles? Mr. Troyer stated stated that is why they are happy to come to 9 Anderson because they know the people of don’t work out then they will hire managers Anderson don’t do that. Mrs. Klungness stated from the community. but they do, so are you going to have plenty of trash receptacles outside to where trash can Mr. Williams stated he always thought that a be put in. Mr. Troyer stated that is one thing corner station would be the ideal place, but as because it faces the west and the west wind Mr. Williams grew older, getting in and out of that fence would tend to catch things before it those places gets to be hard. Mr. Troyer stated gets off site. from the site plan that he located the access drive on Madison Avenue in the middle of the Mr. Spencer asked will he price his gas block as far as they could possibly be away according the conditions of Anderson or will from either stoplight, and the same on West the gas prices be similar to your facilities in 14th Street so they can get the customers in other parts of the state? Mr. Singh stated it and out. depends on what other gas stations have their price at, Mr. Singh said they might be a penny Fred Reese Sr., 904 W. 15th Street, Anderson less than other stations. stated he didn’t know why we need another gas station on Madison Avenue. What do they Mr. Spencer asked his plan is to follow what need with this particular store right there in others are basically doing, not being a leader. the neighborhood where all old people live? Mr. Singh stated he could not be a leader Why would we need that traffic in that area? unless you have almost 70 stores. Mr. Spencer Mr. Reese stated he has tried to get a hold of stated we have a facility in town that has that the gentleman who owned the property all many stations. year and nobody knows him. He called one man and he said that his property was up Mr. Rayford asked if this project is approved, above Fort Wayne. he knows Mr. Singh is the owner, and he will have a manager depending on how many Mr. Reese stated he has been cutting that lot shifts he will have. Mr. Rayford asked will the trying to keep that place halfway decent people that live nearby that have been there where they could live and nobody showed up most of their lives will they have someone that and he would like to have his name tonight they can call if the site starts having a lot of before he leaves where he could get a hold of trash around it to address their concerns? Mr. him and see what is going on. It is terrible Singh stated inside the store there would be when grass and weeds are growing up, you the owners phone number as well as the can’t sit out in your yard or patio you can’t do manager’s number they can call direct if anything. Mr. Reese stated he has lived at his anything happens. Mr. Singh added he would residence for 34 years and he has been cutting have a suggestion box if anything goes wrong the grass on that lot. If they can’t get any they can put a suggestion in the box also. cooperation out of anybody, the convenience store wouldn’t do a whole lot of good, since Mrs. Klungness asked when do you think this there are no children down there. Mr. Reese will be open? Mr. Singh stated they want to stated he doesn’t agree with it, if we are going open by the end of May or the first of June. to have something down there they need to keep it up and if you can’t stay where you are. Mrs. Klungness asked Mr. Singh if he is really going to do this, if it is approved tonight? Mr. Mr. Williams asked if they have a Singh answered yes. commitment that the new owners will take care of that green area, since you left that Mr. Spencer asked do you plan on hiring area open? Mr. Widing stated yes. managers and employees from the community here by chance or do you plan or have them Estella Dorsey, 821 W. 15th Street, Anderson commute? Mr. Singh stated he would hire stated why in the world would he want a employees from the community, but the convienece store down there when all that managers coming from another store. If they land up there on Nichol Avenue, why can’t 10 they go up there? Ms. Dorsey stated they don’t packet, she went over there and spoke to them want a Village Pantry in her backyard. There about them living near that gas station. They is a convenience store at the corner of Nichol really do not have a bad relationship with the Avenue and Madison Avenue why do they neighbors and her uncle frequents the gas need another one right down the road? station. Mr. Williams asked Mr. Troyer if he sees the Mrs. Klungness stated this is allowed in this concern of the neighbors to the east of the area and there are other things that could be proposed convenience store? Mr. Troyer stated worse or not, but what we can do is try to that is why they located the building where make the best of the situation. We can’t tell they did so it would serve as a screen for the this business owner where he has to build traffic coming in and out off of Madison and what he wants. they have extended the fence to both enclose the dumpster as well as screen the canopy Mr. Williams stated this is what happens time from the alley. and time again when there is vacant property and it sits vacant for months and years, then Mr. Troyer stated they have concentrated the finally somebody comes and gets it to develop landscaping on the south end of the site and it and this happens. Mr. Williams added there they have even held back the parking, could have been something worse than a obviously they need the driveway access to go filling station, but they have a whole list of out to 15th Street, but they have held the things that could go in that site, and we can’t parking spaces back so there would be limited tell them where to build their business at. activity in that south end. Thelma Reese, 904 W. 15th Street, Anderson Mr. Troyer stated the lighting on the canopy stated she is very disappointed because if this are the flush mount type they are not the light gentleman owned this property all this time, fixtures that hang down that spread the light. she is pretty sure he came by and saw her It is a light fixture with a sharp horizontal husband out there cutting the grass. Mr. cut-off, so it directs the light directly down Reese has tried to get a hold of him several instead of allowing it to shed sideways. Mr. times and she has seen cars over there at Troyer added in that respect it would limit different times. Mrs. Reese added if Mr. Singh what they call light spillage, and it would be owned that property he should of come over concentrated on the lot. and knocked on the door and gave his name and number. Mr. Williams asked what is the elevation of the building? Mr. Troyer stated the top of the Mrs. Reese stated Mr. Singh sent her a canopy is 19 ft. high and 16 ft. clear and the certified letter at the post office with her name building the highest point on the building is on it, so he knew it all this time, where has he the tower located on the northwest corner and been for all this time. Mrs. Reese added her that would be 22 ft. high. The majority of the husband has cut this lawn all this time and if roof is 16 ft. high or less. they are going to put something there they want to make sure that he puts something Mr. Troyer stated they are incorporating a decent, maintain it and if they don’t keep it up combination of masonry materials, stucco, she will say something. Mrs. Reese stated colored seamed metal roofing which would they don’t need this convenience store, but if coordinate with the branding of the gas he insists on putting it there make it nice. company with aluminum framing for the windows. Mrs. Klungness asked Mr. Singh how long has he owned that property? Mr. Singh stated he Mrs. Klungness stated her aunt and uncle live has had it over a year. near the corner of 38th and Scatterfield Road and the Speedway gas station is located near Mr. Singh stated every time he came by the them. When this petition came to her in the grass area was already clean. He did not know 11 who was cleaning it, who to contact, he did Mrs. Klungness made a motion to approve speak to Charles and he didn’t give Mr. Singh Petition #44-08 based on the following any contact information. findings of fact. The proposed special exception is in a proper zone district. The Mr. Widing stated Mr. Wilbur is our senior requirements of Figure 9 have been met, there zoning enforcement officer and he drives the were variances, but they were granted. The City at his direction and Mr. Stires direction proposed special exception will serve a public and quite often he takes action on derelict need and convenience, because a convenience properties and we also have a Nuisance facility as well as a gas station for our Control Division that takes action on weeded community and for the folks in that area that properties. We appreciate Mr. Reese who was live and work there. The proposed special taking pro-active steps in maintaining this exception will not permanently injure the property through the years. appropriate use of the surrounding properties, because measures have been taken for spec Mr. Reese stated that property has been bad purposes as far as landscaping and fences that for quite some time and whatever they do he the property itself would not be intrusive or hopes the owner builds something down there aesthetically displeasing to the surrounding and will take care of it. You ought to know properties, and the neighbors comments have your neighbors and he would like to know Mr. been taken into consideration. The proposed Singh. special exception is consistent with the spirit, intent and purpose of the zoning ordinance, Mr. Troyer stated this project represents because they will be building a structure on a about a half million dollars of investment, and piece of property that has been vacant for as such that is an investment that Mr. Singh many years and not maintained, so it will would want to protect as well. clean it up and brighten that corner up. Mr. Spencer seconded. Motion passed 4 yes, 0 no. Mrs. Klungness made the motion to approve Petition #44A-08 based on the following Meeting adjourned at 6:22 pm findings of fact. The approval of the proposed variance would not be injurious to the public health, safety, morals and general welfare of BY: ______________________________ the community, because this is dealing with Rudy Williams, Chairperson the canopy that is up in the air so it would not have an impact on any ground traffic or ATTEST: ___________________________ pedestrians, the setback requirement really Stephanie George, Board would be justified in this regard. The approval Secretary of the proposed variance would not adversely affect the surrounding properties, because it is a canopy, the setback requirement and this being a canopy wouldn’t have any vision block or affect any surrounding properties in an adverse way. The strict application of the terms of the zoning ordinance would result in practical difficulties in the use of the property, if the proposed variance were denied because the canopy is really a convenience for customers of the store as they are filling up their car, they don’t want the weather elements affecting them, this is a convenience for them. Mr. Rayford seconded. Motion passed 4 yes, 0 no. 12