Board of Zoning Appeals (BZA)

MEETING RESULTS - ZIONSVILLE BOARD OF ZONING APPEALS NOVEMBER 13, 2018 The meeting of the Zionsville Board of Zoning Appeals occurred Tuesday, November 13, 2018 at 6:30 p.m. in the Zionsville Town Hall Room 105, 1100 West Oak Street, Zionsville, Indiana. The following items were scheduled for consideration: I. Continued Business Docket Number Name Address of Project Item to be considered Continued from September 11 to October 9, 2018 Meeting Continued from October 9 to November 13, 2018 Meeting due to Remonstrator Request, Continued from November 13 to December 11, 2018 6925 E SR 32 2018-31-SE A. Safa Meeting due to Request by Petitioner (Estimated) Petition for Special Exception to allow for: 1) A division of land to create a (3) lot residential Minor Plat 2) New residential homes to be constructed in an Agricultural Zoning District (AG). Continued from September 11 to October 9, 2018 Meeting Continued from October 9 to November 13, 2018 Meeting due to Remonstrator Request, Continued from November 13 to December 11, 2018 6925 E SR 32 2018-32-DSV A. Safa Meeting due to Request by Petitioner (Estimated) Petition for Development Standards Variance in order to provide for a new single family home on a lot which: 1) Deviates from the required 3:1 lot width to depth ratio in the Agricultural Zoning District (AG). II. New Business Docket Number Name Address of Project Item to be considered Approved with Commitments, as presented and w/exhibits as filed – 5 in Favor, 0 Opposed Wheat Holdings 10890 Bennett Petition for a Use Variance in order to provide for the 2018-39-UV LLC Parkway construction of a new commercial business to: 1) deviate from the allowed intended uses in the Office, Research & Technology Zoning District (I-ORT). November 14, 2018  Approved with Commitments, as presented and w/exhibits as filed – 5 in Favor, 0 Opposed Petition for Development Standards Variance in order to provide for the construction of a new commercial business Wheat Holdings 10890 Bennett to: 2018-40-DSV LLC Parkway 1) Install foundation plantings along the east, south and west sides of building only 2) Deviate from the required side yard setback to accommodate parking in the Office, Research & Technology Zoning District (I-ORT). Respectfully Submitted: Wayne DeLong AICP Town of Zionsville Director of Planning and Economic Development November 14, 2018 Zionsville Board of Zoning Appeals November 13, 2018 Pledge of Allegiance was said and attendance was taken by the Secretary. Present: Greg Morical, Larry Jones, Julia Evinger, Steve Mundy, John Wolff. Staff attending: Chrissy Koenig, Darren Chadd, Attorney. A quorum is present. Morical Good evening, and welcome to the November 13, 2018 meeting of the Zionsville Board of Zoning Appeals. The first item on our agenda is the Pledge of Allegiance. All Pledge. Morical The next item on our agenda is attendance. Chrissy Greg Morical? Morical Present. Chrissy Larry Jones? Jones Present. Chrissy John Wolff? Wolff Present. Chrissy Julia Evinger? Evinger Present. Chrissy Steve Mundy? Mundy Present. Morical Okay, the next item on our agenda is the approval of several sets of minutes. So we will do these one at a time. I was not present for the August 14 or September 11 meeting, so I will not be voting on those. So, let’s start with August 14, 2018 minutes. Are there any questions or comments on the minutes? Wolff I was also not present. Morical Okay. With John and I not commenting, may I have a motion? Jones So moved. Morical Okay. A second? Evinger Second. Page 1 of 15 Zionsville Board of Zoning Appeals November 13, 2018 Morical All those in favor, please say aye. All (except Morical and Wolff) Aye. Morical And, John and I abstain. Next item is the September 11 minutes. Questions or comments? May I have a motion? Jones So moved. Morical Second? Mundy Second. Morical All those in favor, please say aye. All (except Morical) Aye. Morical I abstain again. Okay, now on to one I can finally vote on. The October 9, 2018 minutes. Any questions or comments? Hearing none, may I have a motion please? Mundy Move to approve. Morical Second? Wolff Second. Morical All those in favor, please say aye. All Aye. Morical Okay. Great. The next item on our agenda is continuance requests, and we have got continuance requests for Docket # 2018-31-SE, and # 2018-32-DSV, and I understand Mr. Frandsen, are you here tonight? Frandsen Yes, sir. Morical Okay. Please approach the podium for a moment. Please state your name and address for the record. Frandsen My name is Kent Frandsen. I am an attorney practicing at 225 West Main Street, Lebanon. I represent the petitioner, Ahmad Soffa. Morical Thank you, Mr. Frandsen. And, you’re requesting a continuance to the December 11 meeting? Frandsen Yes, sir. Morical Okay. And, is this your client’s first continuance request? Frandsen Yes. Page 2 of 15 Zionsville Board of Zoning Appeals November 13, 2018 Morical And, you filed it within the time period under which you would be able to be entitled to an automatic continuance? Frandsen Yes. Morical Okay. Thank you very much. Any questions for the petitioner’s representative? Thank you very much, Mr. Frandsen. Frandsen Thank you. Morical So, in light of that, Darren, do we need to take any official action, or is it just automatically moved to the December 11 meeting? Chadd He is entitled to it. It is automatically moved. Morical Okay. So, it’s automatically moved. And, that’s those two docket numbers. The next item on our agenda is new business, and that is Docket # 2018-39-UV, Wheat Holdings. Is the petitioner here? Webb We are, your Honor. Morical Great. Please approach the podium and state your name and address for the record, and we record the proceedings, so please make sure you’re speaking into the microphone. Webb Thank you very much. Can you all hear me okay? Mark Webb, attorney from Indianapolis, 141 East Washington Street in Indianapolis. Voyles Vaiana Lukemeyer Baldwin & Webb. I am here on behalf of Wheat Holdings. I have also with me Ben and Ashley Wheat, who are the two members of Wheat Holdings, LLC, and also Jarrod Wilkerson, who is our project site engineer, who is also with us this evening. This project is a really, really neat deal that is coming to Bennett Parkway. The parcel in question has been vacant for a number of years, and my clients have, and are prepared, to construct a really nice 28,000 square foot building, which will have offices inside and allow for the movement of the car dealership that they own from Carmel to Zionsville. Essentially, they have outgrown the present space in Carmel, and because of the type of cars that they sell, they would like to be able to keep these cars indoors at all times. This is an establishment that has been wonderfully successful, but it operates on word of mouth only. They don’t advertise. There are no billboards. They do not put pennants and flags and things in the parking lot. It does not look like anything that you would see on 96th Street or Michigan Road, or any of the so-called auto dealers rows. This is going to be a really nice addition to that area. I think it will fit in very well. With your permission, I would like to call my client if I could? Morical That would be fine. Webb Okay. Ben, would you come forward please? Morical Again, please state your name and address for the record. Page 3 of 15 Zionsville Board of Zoning Appeals November 13, 2018 Wheat Benjamin Wheat. I reside at 7 Woodard Place, Zionsville, Indiana 46077. Morical Okay. Thank you. Webb All right. Ben, what is your primary business or occupation? Wheat So, I own a car dealership that currently resides at 519 Industrial Drive in Carmel. Webb And, I am going to show you a document and ask you to take a look at it. I am going to give it to Ms. Haney here and she can pass it down just real quick. It’s just some photographs. Does this look familiar to you? Wheat Yes. This is a car that we currently have for sale. A 2018 Mercedes Benz AMG GT. We actually sold this vehicle today to a gentleman from California, so we will be shipping it later this week. Webb If you look through the various cars that I have pulled, those are cars that, other than, what you would have sold today, would have been for sale as of this morning? Wheat Correct. Yes. Webb And, are those somewhat typical of the kind of the higher-end cars that you sell? Wheat Yes. That’s correct. Webb Okay. So, it is a much better thing for you that those cars would be stored indoors and not be sitting out on a conventional car lot. Wheat Yes. The fact of the matter is, my business has grown exponentially in the last 7 years, and we just need, right now we have 5,000 square feet, and it is just prohibitive for us to move forward, really, with that amount of space, so that’s why we’re wanting to erect this new building. Webb And, how many employees do you have? Wheat Currently we have 9 full-time employees, and that will probably go up to somewhere around 20. Webb And, you are asking for a variance of the planting restrictions on the north side. Can you give them, can you give the Board a little bit of an idea of what you had in mind? Wheat So, basically, the first variance that we are requesting pertains to the 6-foot wide foundation planting area, directly adjacent to the building. The issue with that, with that being on the north side, we don’t feel like there will be adequate sunlight, and it’s hardly visible from Bennett Parkway itself, so we don’t feel that to be a necessity for what we’re trying to do. Page 4 of 15 Zionsville Board of Zoning Appeals November 13, 2018 Webb Let me ask you this. If you weren’t able to get that variance, what would the difference be in getting the variance and not getting the variance? Would it be a loss of parking spaces? Wheat Yes. It would be a loss of parking spaces. Correct. Webb Okay. And, this is for the people that would want to come and transact business? Employees? Wheat Correct. That would enable our employees to park on the side yard there, as well. We would have customer parking in front. Webb Okay. So, you’re not asking for this to store cars for sale? Wheat No. No. Absolutely not. Webb Okay. All right. And, then, there is also, I believe, a request for a variance for the -- Wheat --I believe it’s the intended use. Webb Yes. Well, and for the setback use of the side lot. Wheat Yes. We just touched on that. Yes. The zoning doesn’t permit parking within the side yards. So, those two kind of go hand in hand. Webb Okay. All right. Then, of course, the use is a big deal. Without the use you would be unable to move forward, would you not? Wheat That’s correct. We would need to have zoning approval. Webb And, do you have a projection as to how this new project will help your business grow from where it’s already grown? Do you see initial growth with this new building? Wheat Yes, with a building this size we would see, I mean honestly, nearly limitless potential to what we could do. I mean, right now, we sell somewhere in the neighborhood of about 400 cars a year, shipping maybe 375 of those. And, we would expect that to double in the first couple years. Webb So, essentially it would be semis that would come, and car haulers that would come and pick those cars up? Wheat Yes. Webb Much like the trucks that go to the other businesses that are along Bennett Parkway? Wheat Yes. Transporters would pick the vehicles up, correct. Webb All right. I don’t have any further question. If the Board would have questions? Page 5 of 15 Zionsville Board of Zoning Appeals November 13, 2018 Morical Yes. Thank you, Mr. Webb. Just a few questions, Mr. Wheat. So, we know you’ll be having car sales there, and the cars will be for sale. They will all be in the interior, correct? Wheat That is correct. Morical Okay. Are you doing any service on any vehicles? Wheat No. We are not doing any service. We do details, but no service. Morical Detail the cars before you sell them, but no kind of service for other people’s vehicles? Wheat No. Morical Okay. Thank you. And, then, essentially the commitments you’re making are, you won’t have any of these cars that are for sale outside the building itself. Everything will be inside, right? Wheat That is correct. Morical And, you won’t do any type of classic car sales signs, exterior sales signs, like banners, flags and balloons. Wheat No. Morical And, you put all that in your request. Wheat There wouldn’t be anything beyond our basic signage, which is required by the State of Indiana. We have to have a business sign, obviously, but beyond that no. Morical Sure. You’d be willing to enter into a commitment that documents that? Wheat Yes. Morical Okay. Perfect. Any other questions for the petitioner or his representative? Mundy What percentage of the cars that you sell is done over the internet now? Wheat Well, if you are familiar with Carmel at all, Industrial Drive is a dead-end street, and we are on the end of the dead-end street. So, we have zero drive-by traffic, and we are 100% exclusively internet and referral-based. Mundy Yes. I am a gear-head from youth, so I know your facility and the others in Carmel. And, I guess one of my concerns has been, although what I think I just heard you say was you would commit to keeping all the inventory inside. Wheat Correct. Mundy Is that virtually all, even though the old Ooley and Blackburn, and the current resident there, it’s almost all internet business now, so the customer sees pictures Page 6 of 15 Zionsville Board of Zoning Appeals November 13, 2018 on their screen and buys a car or sells a car that way, yet they have them outside and it looks like a car lot. Wheat Correct. Mundy So, you are committing to keeping your inventory inside the facility? Wheat Yes, sir. Mundy One other thing, and I, you have a lot of car parking space there, even for 20 employees, and a number of walk-in customers. I don’t think I’ve ever been in any of those places where there is more than two or three people there that are kicking tires. So, you got a lot of parking spaces. The north side and the parking along that north side, there are plenty of landscaping plants that will endure limited sunlight. I mean, you can do that. So, I guess I’m questioning why you would need that many parking spaces when the inventory is inside? You don’t have very many walk-in customers, and you said up to maybe 20 employees. Wheat Well, if I may, there is two primary reasons for that. Reason number one, is we are considering resale, as well. So, it does make sense to have as much parking as we can. And, secondly, there is already an existing lot. If you’re familiar with Bennett Parkway, our property line is actually already honestly paved over as it is. There is already existing asphalt there. So, this would just make that continuous of what’s already there currently. Jones Yes. That’s one of the questions I was having. Just real quick, sorting this out. So, the north property line, you basically have sort of a shared drive with the building to the north? Wheat Correct. Jones Lot 12A. And, then I am trying to figure out, do you have the ability to drive around the building? When I am looking at the west side of the site plan, I see arrows as in you can drive around, but then I see stone. I see grass. I see stone. So, what’s going on the back side of the building? Plus it looks like you’ve got your trash enclosure back there. Wheat Yes. So, as it’s designed now, you can drive around and make a complete circle around the building. Jones So, it’s not stone and it’s not grass. It will be paved all the way to the back? Wheat It will be paved all the way to the back. Jones Okay. So, your drawing is wrong. Just to make sure you’re clear. Wheat I mean, that’s the way it is drawn, yes. Jones No, the way that it’s drawn is the west side of the property will be stone or grass or stone. Not paved. Page 7 of 15 Zionsville Board of Zoning Appeals November 13, 2018 Wheat Are you talking about behind the building? Jones Correct. Wheat That will be paved, yes. Jones Okay. Your drawings say, stone and grass. That’s the point. If I am looking at the correct drawing. I’m looking at the site plan C200. Mundy That’s what mine says as well. Wheat Okay, well, I guess I was, yes, do you want to - - Webb Could I get you to state your name and - - Wilkerson Yes. Jarrod Wilkerson with American Structurepoint civil engineer. 5536 East 74th Place, Indianapolis. And, those labels are actually the existing condition from the survey. So, there is some stone on site and grass. So, this site plan does not show necessarily all the surface treatments as far as asphalt hatching, and the like. Morical But, that’s the intent--to put asphalt on the west side? Wilkerson Yes. Paved. Morical Okay. Jones I guess, and you’re going to love hearing this one Greg, so drainage. Morical We all love drainage, it’s important. Jones It’s important. It’s important stuff. Morical Especially with climate change. Jones Gotta go someplace. Yes. So, basically this building will meet requirements of the drainage concerns for Bennett Parkway and what’s going on? Wilkerson Right. Yes. There is access to the storm sewer along Bennett Parkway, and that all drains north to master plan detention ponds. Detention is accounted for this development. Jones All right. The other concern I have is just a general concern of basically we are granting a variance to allow automobile sales in the industrial park, which, you know, by right, is just not allowed. My concern is long-term things change with business. We end up with a facility that is entitled to sell vehicles. The concern is the outside sales portion of it. Whether it’s, you know, it doesn’t always have to be the dancing man and the ‘Buy Here-Pay Here’ sign, but even just a little more subtle aspect of cars with for sale signs in their windows. I guess that’s my concern. Because last time we got involved with this was that small building there on 106th Street where, you know, you know which one we’re talking about. Page 8 of 15 Zionsville Board of Zoning Appeals November 13, 2018 Morical Right on Andrade. Jones Well, even before we actually approved it, they had cars sitting on top of the mound with for sale signs and all that kind of stuff. Morical What I am thinking we are going to do here is have them enter into commitments that are recorded on the property that align with what they have committed to here tonight about no exterior signage, and going into detail about no banners or for sale signs on vehicles outside of the interior of the building, and again, no cars for sale outside. And, by virtue of having those in written commitments that would be recorded with the property, it wouldn’t just be within our meeting minutes, but any subsequent purchaser of the property. Webb Yes. And, we would agree to all of that as Mr. Wheat has testified. That’s our intent. The only thing I would call your attention to, the document which I believe is in your packet. Morical Yes. Just be mindful that if you’re not in front of the - - Webb --Right. And, if you can hear me. Morical You need to speak in the microphone. You just let us, this is your architectural rendering of the front. Webb And, referring to that front page, the architectural rendering, the only notice that they’re even there is just what’s over the door. And, that’s it. We would commit to that, and so that there is not big signs, or, you know, the things that you would traditionally associate with a “car dealership.” Morical Right. And, you articulated those items in the petition and said you specifically you would not do that, and so we would include those within the commitments and that would be recorded so a future buyer would know. Webb Yes. So, the commitment are essentially, it’s our understanding that if we do this, the commitments would essentially run with the land. Morical Correct. Webb So, that it would be binding on any subsequent buyer who, if they want to do something else, they would have to come right back before you again. Morical And, this is a building that can be used for a whole bunch of various uses. Webb Yes. Morical It’s not unique to a car dealership, and it wouldn’t be just something that a car dealer would want to purchase. But, whoever would buy it, if you were to sell it would know that despite the fact car sales have occurred there in the past, there are limits on what can be done. Page 9 of 15 Zionsville Board of Zoning Appeals November 13, 2018 Webb There are constrictions on how we do it. Morical Right. Evinger I guess one concern I have is just, again, in the rendering, we do have at least a little bit of vegetation, and looking at the plan that’s before us, I don’t see any type of green at all. Am I missing it? I know you’re talking about a variance for the north side. Wheat It’s my understanding that there will be vegetation and plantings on the east/west and south sides of the building. Webb And, also, we would be willing to work with the Town, or whoever you guys would designate, because we certainly want to be, we would intend to fit in. To blend in consistent with what the others have done in that regard. Because we certainly don’t want to, you know, we don’t want to stick out like a sore thumb. We certainly want to fit in and we want to blend in. Morical Okay. No, we appreciate that. One question for you on your proposed findings of fact for the use variance. On number 3, which is the need for the variance arises from some condition peculiar to the property. You noted the proposed finding as N/A. We actually do have to have a finding on each one of our relevant requirements. So, my thought is that based upon the testimony and based upon the petition, that you have met that finding by virtue of the fact that the zoning precludes your ability to do what you’re proposing to do. Webb Okay. Sure. Morical Any further questions for the petitioner or the petitioner’s representative? Mundy I would like to go back. I think, Mr. Wheat, you had said you’re considering resale of cars, and that those may be out. I’m not exactly certain what you mean by that. Wheat I think when I was talking about resale, we were talking about resale of the building. When you had talked about the connecting. Mundy Okay. Wheat Because, again, if you’re familiar with the property, it makes perfect sense to have the pavement just continuous to the building that’s already there. That’s already existing. Morical So, when he was talking about parking, you wanted to have adequate parking for potential future use, and saw the value of leveraging the already existing. Mundy Okay. Resale of the building. Wheat Well, and with the size of the building, if we were to have to have, I would like to have a carrier to be able to pull off the street and all the way around. And, if we had to have those plantings there, that would limit us because the size of the Page 10 of 15 Zionsville Board of Zoning Appeals November 13, 2018 building and where it sits on the property, that would severely limit our ability to actually have a semi make a complete, you know, a complete drive around the building. I think it would probably prohibit that. Morical Which improves safety, right? And, improves them not blocking Bennett Parkway. Wheat Exactly. And, I am sure the neighbors would appreciate, you know, all of that taking place behind the building out of site, versus, you know, people loading and unloading in the road. Morical Right. Wheat Like what you have on 96th Street right now. Morical Makes sense. Evinger In your current facility, are you using outdoor space just because of the size of the building? Wheat So, currently we are forced to keep some stuff outside, because we have a 4500 square foot warehouse. So, there is just no other way. And, it’s not prohibited currently where we are at. Morical Any other questions? Mundy Do we have the drainage taken care of, Larry? Jones If, I have a feeling through the permitting process the drainage will get addressed. Two things, just going back to one, do we need to set any commitments regarding loading and offloading of vehicles? If I heard you correctly, you’re going to have basically the ability to drive 360 around the building, so you can use the rear lots for the loading and unloading. Do we need to add an additional commitments about no loading and offloading on Bennett Parkway? Morical Would you be amenable to that? Wheat You know, I hate to say that that would never, ever occur, because, you know, certain semi drivers may be better than others. So, I wouldn’t like to say that that will never happen. I mean, I can sit here and tell you that I will do my best that it won’t, or that it would be an extremely rare event, but to swear and affirm that there would never be a semi that would ever, because, I am sure the neighbors have loading and unloading as well. Jones That’s the point. We’re trying to confirm that everybody’s designed a project and a property to anticipate they can complete their operations on their property and not use the public streets. And, that’s kind of an issue that people have with car dealerships in areas. Page 11 of 15 Zionsville Board of Zoning Appeals November 13, 2018 Wolff Those guys usually, I mean, they’re not going to be their employees. I mean, they will be contractors. Wheat No, this would be for 5 minutes or 10 minutes tops. Jones It’s using a public street to load and unload vehicles for your business. Public streets are not loading zones. Morical It can’t be in the dealership that’s on 96th Street when they do that. They pull onto the Champion parking lot. Jones Correct. Estes, for the longest time, that’s the reason they control that property on the other side, on the north side of 96th Street. They used to use that a lot for. Morical Yes. Also car storage they had over there. What would you think about like a best efforts standard? Or, do you just think we shall require that they - - Jones --Yes. I just sort of - - Morical --To load and unload on their own property. Jones I mean it’s just the nature of, hence the reason we limit locations of auto dealerships because it does create a problem Morical Have an impact. Wheat That’s fine. Morical So we can agree to, and we would just require that it be loaded and unloaded on the property. Jones Correct. No vehicle loading and offloading occurs in the public right-of-way. Morical Okay. Just on the property. Jones And, the other one is just, once going back to signage, I’m not opposed to, I guess what I’m thinking about when it comes to signage and advertising permanently affixed to the building, I mean, if you’re Indy Wholesale Direct, or whatever works fine for your business, that’s okay. I’m trying to think how our sign permits work. I’m assuming within our ordinances, based on the size of the building, you’re permitted a sign of a certain size, square footage. Typically we don’t really have any concern as to what the sign says, as long as it doesn’t say anything profane. And, I guess personally I wouldn’t have any issue that if the permanently mounted signage to the building had something that convey that automobile sales are going on there. And, I guess the way this is set up, there really is nothing, our opposition, our concern is about temporary signage, either on the ground or in the vehicles or attached to the vehicles. Not permanent signage attached to the building. My point is, if they ever want to change their name to something other - - Morical --We’re not restricting that. Page 12 of 15 Zionsville Board of Zoning Appeals November 13, 2018 Jones Okay. And that wouldn’t be restricted, and as long as their sign fell within the requirements of the ordinance, they could say whatever they wanted to say. Okay. Webb If I could, real quick. Just, the other thing, another way you could look at this is that by virtue of just Indy Wholesale Direct, doesn’t say anything about cars. For all the general public knows, we could be wholesaling widgets. Jones But, that’s my point. I wanted to make sure that everybody else is sort of seeing it the same, how I am thinking about it is that if Indy Wholesale Direct wants to change it to Indy Exotic Cars Direct, as long as it’s a part of the permanent signage mounted to the building, it’s okay. Webb Okay. Jones The core concern is just, the temporary signage, you know, the nature of, you know, I don’t know. I wouldn’t mind seeing a 2008 Mercedes Benz AMG CT with, you know, a weekly payment schedule numbers attached to it sitting out front. Just, you know, I gotta check my pocket this week. Maybe home mortgage, feed the kids, college, you know. Hell with all that. So, that’s it. Morical Sounds good. Any other questions? No? Okay. Are there any remonstrators here tonight? Seeing none, may be have the staff report please? Chrissy Yes. Staff is supportive of the petition as filed. I’m happy to answer any other further questions. Morical Okay great. Chrissy Both the use variance and the development standards variance. Morical Well, why don’t we take each one of these two variance requests separately and start out with the use variance, which is #2018-39-UV. Any further questions or comments? If none, I would entertain a motion. Wolff Do we have commitment tied to this? Morical So, that’s a good point. So, to recap the discussion we had earlier, we talked to the petitioner and their representative about them agreeing to execute commitments with the Town that there would be no cars for sale stored outside, and that there would be no exterior signage that is classically related to car dealerships, examples of which are included in the petition, and that would be further flushed out in the commitments, and then finally, that all of the loading and unloading of cars would occur on the petitioner’s property itself, and not on Bennett Parkway. And, instead of us tonight wordsmithing all of that in detail, that the variances would be conditioned upon the petitioner working with the Town to develop satisfactory commitments, and that those commitments would need to be recorded for the variances to be effective. So, you don’t need to put all that in your motion. Page 13 of 15 Zionsville Board of Zoning Appeals November 13, 2018 Wolff Thank you. Morical Just say in accordance with what we have discussed. Any further discussion? Hearing none, may I have a motion one the use variance? Mundy I’ll move that Docket # 2018-39-UV, use variance, in order to provide for the construction of a new commercial business to one, deviate from the allowed intended uses in the IORT office and research technology zone district for the property located at 10890 Bennett Parkway be approved with the commitments made this evening and to be recorded when in agreement between Town staff and the petitioner. Morical Thank you. Is there a second? Wolff Second. Morical All those in favor, please say aye. All Aye. Morical Any opposed? [No response.] Morical Motion carries. And,I will entertain a motion on Docket # 2018-40-DSV. Wolff And, on the DSV, I don’t believe we have any commitments, correct? Morical That is correct, but we might as well have it all conditioned on the commitments. Wolff I’ll make a motion. I move that Docket # 2018-40-DSV, design standards variance, to provide for the construction of a new commercial business to one, install foundation plantings along the east side, south and west sides of the building only, and two, deviate from the required side yard setback to accommodate parking in the I-ORT, office, research and technology zoning district for the property located at 10890 Bennett Parkway be approved as filed based upon the findings of fact, and as including the commitments we discussed in tonight’s meeting. Morical Thank you. Is there a second? Jones Second. Morical All those in favor, please say aye. All Aye. Morical Any opposed? [No response.] Page 14 of 15 Zionsville Board of Zoning Appeals November 13, 2018 Morical Your petitions are granted. Thank you very much. Wheat Thank you. Morical All right. Welcome to Zionsville. And, please work with the Town, Mr. Webb, on those commitments. Mundy I look forward to shopping. So will Larry. Morical Is there anything else we need to address tonight? Chrissy Do you want an update on the other matters to be considered? Just running through those, the Wildwood Designs, they are waiting on Plan Commission approval for those commitments. The Villanueva, Hunt Club Road, is recording yet this week, they said, as well as Aaron Davis with the right to farm should be recording this week. So, we should have those by the next meeting. And, Lavallette, they are working on the commitments. There was a little bit of confusion as to them not understanding that we wanted that reduced into writing. So, I think they are going to be working on it. Morical Okay. Great. Thank you for the update. Anything further? Hearing none, we’re adjourned. Page 15 of 15