Board of Zoning Appeals
Regular MeetingBrownsburg, IN · April 13, 2020
Minutes
and the buildings facing each other. The east building had an upgraded fac;ade due to the
showroom aspect that Mr. Andrews's business was going to utilize. Mr. Studley said it was a
stunning building that would stand out in the business park.
David Emery expressed his support for the project.
ADVERTISED PUBLIC HEARING OPENED
Mr. Neal explained how the members of the public that were on Zoom could speak on the case.
Rick Bolt, PO Box 196-
Mr. Bolt said he fully supported the Application but asked why they did not replat it into one lot
as that would eliminate the necessary split down the middle. Mr. Studley said it would customary
to look at a replat however Mr. Andrews felt should circumstances change, either for the better
or worse, the buildings could be sold independently. Should his business outgrow those he would
have the ability to sell either one or retain one for leasing revenue. From a business strategy
standpoint, because one was going to be revenue producing and the other a portion of a business
expense, keeping the businesses separate from property tax standpoint, liability insurance, etc.
it was a necessity.
Mr. Bolt asked if the parcels would be assessed as two parcels or as one. Todd Barker replied the
assessor would assess those as separate properties.
There being no further public comments and Board not having further comment Mr. Neal asked
if the Applicant had any final comments. Mr. Studley said he appreciated everyone's patience to
get through challenging times and for specifically trying to keep the project going. He felt they
had satisfied all the requests and requested approval.
Motion: David Emery made a motion to APPROVE BZDV-03-20-1814 subject to and conditioned
upon Staff recommendations, seconded by Ben Lacey, motion carried 4 In Favor/0 Opposed/1
Abstained (Andrews).
ADVERTISED PUBLIC HEARING CLOSED
At this time Commissioner Maria Andrews rejoined the meeting.
2. BZSE-03-20-1821 Aldi "Retail Type 3"
A request for a Special Exception Use approval from Art. 2 § 2.29 to permit a "Retail Type 3" use
within the Moderate Intensity General Commercial (Cl) District.
Parcel No. 32-07-02-479-001.000-016
Represented by James carter, Wooden McLaughlin LLP
ADVERTISED PUBLIC HEARING
James Carter, Wooden McLaughlin LLP came before the Board on behalf of Aldi Indiana LP who
was requesting approval of a Special Use exception to develop and use the real estate consistent
with the standards of Retail, Type 3 instead of Retail, Type 2 in the Cl zoning district. Staff was
recommending approval and Mr. Carter was not aware of any remonstrators. He said Mr. Barker
had heard from one member of the public that supported the project. Mr. carter gave background
about the real estate with an aerial showing the real estate located on the northeast side of
Brownsburg, just south by I-74, and east of the intersection between Northfield Drive and N.
Green Street. The real estate contained about 4.31, acres and was zoned Cl. He said it had was
vacant and had been since it was platted in 2006. Mr. Carter explained the Cl district included
Retail, Type 2 which was low intensity retail as a permitted use and Retail, Type 3 which was
medium intensity retail as a special exception use. They were asking for approval to develop
under the standards contained in Retail, Type 3 primarily because the square footage of the store
exceeds what would be allowed under Type 2 (a limit of 10,000 square feet.) Aldi was hoping to
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Agenda
BOARD OF ZONING APPEALS
AGENDA
APRIL 13, 2020
7:00 PM
Town Council Meeting Room
Town Hall
61 North Green Street
Brownsburg, Indiana 46112
This meeting will be available through video conference where the public will have the opportunity to participate
during the public hearing portion of the meeting.
You can join the meeting from a PC, Mac, iPad, iPhone or Android device at the following link:
https://us04web.zoom.us/j/606569716?pwd=WVBBV1NhbDlRbjB2dEtFK0VJQkEydz09
Meeting Password: 851225
Public Comments received prior to 4 pm Monday, April 13, 2020 will be read during the public hearing.
Comments can be emailed to DevelopmentServices@Brownsburg.org.
A. CALL TO ORDER & DETERMINATION OF QUORUM
B. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE
C. CONSIDERATION OF PREVIOUS MEETING(S) MINUTES
1. MARCH 9, 2020- REGULAR MEETING
D. APPROVAL OF FINDINGS OF FACT
1. BZUV-02-20-1810 1630 S. GREEN STREET "RETAIL, TYPE 1"
E. HEARING OF REQUESTS FOR CONTINUANCES
1. NONE
F. CONTINUED PUBLIC HEARINGS
1. NONE
G. OLD BUSINESS
1. NONE
H. NEW BUSINESS
1. BZDV-03-20-1814 | COMPETITION DEVELOPMENT LLC SIDE YARD SETBACK
A request for a Development Standards Variance from Article 5, § 5.63 “Setback Standards,” to encroach
upon the minimum side yard setback required within the Low Intensity Industrial (I1) District.
Parcel No(s): 32-07-10-260-002.000-016 & 32-07-10-260-001.000-016
Represented by: Kevin Studley, Kruse Consulting, Inc.
ADVERTISED PUBLIC HEARING
Town of Brownsburg Page 1 of 2 Board of Zoning Appeals
THE TOWN OF BROWNSBURG ACKNOWLEDGES ITS RESPONSIBILITY TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IN ORDER TO ASSIST INDIVIDUALS WITH
DISABILITIES WHO REQUIRE SPECIAL SERVICES (I.E. SIGN INTERPRETIVE SERVICES, ALTERNATIVE AUDIO/VISUAL DEVICES, AND AMANUENSES) FOR PARTICIPATION IN OR ACCESS TO TOWN
SPONSORED PUBLIC PROGRAMS, SERVICES, AND/OR MEETINGS, THE TOWN REQUESTS THAT INDIVIDUALS MAKES REQUESTS FOR THESE SERVICES TWO BUSINESS DAYS AHEAD OF THE
SCHEDULED PROGRAM, SERVICE, AND/OR MEETING. TO MAKE ARRANGEMENTS, CONTACT US AT 317-852-1128.
2. BZSE-03-20-1821 ALDI “RETAIL TYPE 3”
A request for a Special Exception Use approval from Art. 2 § 2.29 to permit a “Retail Type 3” use within
the Moderate Intensity General Commercial (C1) District.
Parcel No. 32-07-02-479-001.000-016
Represented by Michael Rabinowitch, Wooden Lawyers
ADVERTISED PUBLIC HEARING
I. COMMUNICATIONS & REPORTS
1. NONE
J. MISCELLANEOUS BUSINESS
1. NONE
K. ADJOURNMENT
Town of Brownsburg Page 2 of 2 Board of Zoning Appeals
THE TOWN OF BROWNSBURG ACKNOWLEDGES ITS RESPONSIBILITY TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IN ORDER TO ASSIST INDIVIDUALS WITH
DISABILITIES WHO REQUIRE SPECIAL SERVICES (I.E. SIGN INTERPRETIVE SERVICES, ALTERNATIVE AUDIO/VISUAL DEVICES, AND AMANUENSES) FOR PARTICIPATION IN OR ACCESS TO TOWN
SPONSORED PUBLIC PROGRAMS, SERVICES, AND/OR MEETINGS, THE TOWN REQUESTS THAT INDIVIDUALS MAKES REQUESTS FOR THESE SERVICES TWO BUSINESS DAYS AHEAD OF THE
SCHEDULED PROGRAM, SERVICE, AND/OR MEETING. TO MAKE ARRANGEMENTS, CONTACT US AT 317-852-1128.
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