Board of Zoning Appeals

TOWNOF~ BrownsDurg BOARD OF ZONING APPEALS Minutes Brownsburg Town Hall 61 North Green Street Brownsburg, Indiana 46112 Monday, November 8, 2021 The Brownsburg Board of Zoning Appeals convened at 6:00 PM with a moment of silence and the Pledge of Allegiance. Richard Miller opened the meeting, and a roll call was taken. Members Present: Maria Andrews, Richard Miller, Stacy Risk and Marlon Webb Members Absent: None Also Present: Jodi Dickey, AICP- Director of Development Services, Lauren Gillingham- Planner II and Heather Wetzel- Administrative Assistant A. CALL TO ORDER AND DETERMINATION OF QUORUM B. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE C. ELECTION OF OFFICERS 1. 2021 Vice President Motion: Richard Miller made a motion to NOMINATE AND ELECT Marlon Webb Vice President, seconded by Maria Andrews, motion carried 4 In Favor/0 Opposed/0 Abstained. D. CONSIDERATION OF PREVIOUS MEETING(S) MINUTES 1. October 13. 2021- Regular Meeting Motion: Stacey Risk made a motion to APPROVE the October 13, 2021 regular meeting minutes, seconded by Marlon Webb, motion carried 4 In Favor/0 Opposed/0 Abstained. E. APPROVAL OF FINDINGS OF FACT 1. None F. HEARING OF REQUESTS FOR CONTINUANCES 1. None F. CONTINUED PUBLIC HEARINGS 2. BZSE-09-21-1951 324 E. Main Street "Tattoo/Piercing Parlor" A request for a Special Exception Use approval from Art. 5 § 5.81 SE-01 Special Exception Standards as it applies to Art. 2 § 2.27 to permit a "Tattoo/Piercing Parlor" use within the Urban Commercial (UC) District. Parcel No(s): 32-07-11-330-029.000-016 Represented by: Joshua Short, INKcorporated LLC ADVERTISED PUBLIC HEARING Lauren Gillingham presented the case stating this was a Special Exception Use request for 324 E. 1 of 3'  Main Street for INKorporated Tattoo. She said a Special Exception was an opportunity for the BZA to have extra discretion for uncertain uses. The five criteria were that the use: was consistent with the purpose of the zoning district; would not be injurious public health, safety, morals, welfare, etc.; was in harmony with adjacent land uses; would not alter the character of the district; and would not substantially impact property values in an adverse way. The site was located at E. Main Street at the corner of N. Grant and E. Main and was zoned UC which required a Special Exception for "tattoo/piercing parlor" uses. The business was currently located in the Main Street Shoppes strip mall. Staff felt tattoos could be seen as a personal service use along the same vein as salon use or barbershop. The building currently houses a salon and the change from salon to tattoo parlor would not be very different as both customers come in through appointments with a similar traffic pattern and volume. Ms. Gillingham said there was one previous tattoo piercing Special Exception approval in the UC district in the Elevate Office Suites in 2019. Staffed recommended approval with the approval of the Findings of Facts. The Applicant Joshua Short came forward and said he was looking to expand after 10 years of business and desired to have his own building and felt the UC district was a good fit. The site was visible, the building was set up for personal service and they offered similar salon services such as microblading which was offered in other salons in the area without a variance. Mr. Short noted they planned on investing $20,000- $30,000 for improvements. He felt they would bring people into the area. He said they serviced police officers, school principal, kids for ear piercings, and 80 year olds getting their very first tattoo. He asked for their consideration. ADVERTISED PUBLIC HEARING OPENED Richard Miller said he did not have any issues with the use or location and felt it met all the criteria. He said it was great to see investment within Brownsburg and businesses growing. Motion: Stacey Risk made a motion to APPROVE BZDV-09-21-1951 subject to and conditioned upon Staff recommendations, seconded by Marlon Webb, motion carried 4 In Favor/0 Opposed/0 Abstained. ADVERTISED PUBLIC HEARING CLOSED G. OLD BUSINESS 1. None H. NEW BUSINESS 1. None I. COMMUNICATIONS & REPORTS 1. Report From Director Of Development Services Jodi Dickey told the Board that legal was still working the Plan Commission and BZA rules alignment. She said the Plan Commission approved their rules at their last meeting. They were still waiting for an additional BZA member. Town Council was aware and looking. J. MISCELLANEOUS BUSINESS 1. None K. CITIZENS COMMENTS RELATING TO AGENDA 1. None 2 of 3 L. ADJOURNMENT Motion: Marlon Webb made a motion to ADJOURN, seconded by Richard Miller, motion passed 4 In Favor/0 Opposed/0 Abstained. 6:23 P.M. ATTEST: 3 of 3