Board of Zoning Appeals (BZA)

BZA MEETING NOTICE AND RESULTS ZIONSVILLE BOARD OF ZONING APPEALS Wednesday, March 1, 2023 6:30 PM (Local Time) THIS PUBLIC MEETING WAS CONDUCTED ONSITE AT ZIONSVILLE TOWN HALL IN ROOM 105 (COUNCIL CHAMBERS), LOCATED AT 1100 WEST OAK STREET: The following items are scheduled for consideration: I. Pledge of Allegiance II. Attendance 5 of 5 members attended. (IN-PERSON: C. Lake, L. Jones, S. Mundy VIRTUAL: A. Pickell, K. Postlethwait) III. Approval of the February 1, 2023, Minutes Approved 3 in Favor, 2 Abstained IV. Continuance or Withdrawal Requests Docket Name Address of Project Item to be considered Number Automatic continuance to the April 11, 2023, BZA Meeting due to untimely publication notice. 5 in Favor, 0 Opposed 880 Starkey Road Petition for a Development Standards Variance to provide 2022-71-DSV M. Lohmeyer Zionsville, IN 46077 for a detached garage in which: 1) Deviates from the side yard setbacks 2) Deviates from the rear yard setback in the Urban Open Land Zoning District (O-1). V. Continued Business Docket Name Address of Project Item to be considered Number None at this time. March 2, 2023 VI. New Business Docket Name Address of Project Item to be considered Number Approved as presented & filed w/ exhibits & per staff report. 5 in Favor, 0 Opposed 535 W. Pine Street 2023-01-DSV P. Dreier Petition for a Development Standards Variance to provide Zionsville, IN 46077 for an addition which deviates from the aggregate side yard setback in the Urban Village Residential Zoning District (R-V). Approved as presented & filed w/ exhibits & per staff report. 5 in Favor, 0 Opposed 7855 E. 200 South Petition for a Development Standards Variance to provide 2023-02-DSV L. Abbott Whitestown, IN 46075 for a private stable which: 1) Deviates from the setbacks 2) Memorialize the establishment of an existing 1.54-acre lot in the Rural General Agricultural Zoning District (AG). Approved as presented & filed w/ exhibits & per staff report. 5 in Favor, 0 Opposed Culver’s 3263 S. US Highway 421 2023-03-UV Petition for a Use Variance to provide for a drive-through Restaurant Zionsville, IN 46077 restaurant in the Rural General Business Zoning District (GB) and in the Rural Michigan Road Overlay District (MRO). Approved as presented & filed w/ exhibits & per staff report. 5 in Favor, 0 Opposed Culver’s 3263 S. US Highway 421 2023-04-DSV Petition for Development Standards Variance to deviate Restaurant Zionsville, IN 46077 from the required 6-foot perimeter planting strip on a site located in the Rural General Business Zoning District (GB) and in the Rural Michigan Road Overlay (MRO). VII. Other Matters to be considered: Docket Name Address of Project Item to be considered Number Approved. 5 in Favor, 0 Opposed Re-Adoption of the BZA Rules of Procedure Reminder that the BZA Meeting for next month will be held on Tuesday, April 11th due to Spring Break (which schedule has already been approved). March 2, 2023 Zionsville Board of Zoning Appeals March 1, 2023 In Attendance: Steve Mundy, Chris Lake, Larry Jones Virtual Andy Pickell, Kathi Postlethwait Staff attending: Mike Dale, Janice Stevanovic, Suzanne Baker, Dan Taylor, attorney A quorum is present. Mundy Welcome to the March 1st meeting of the Board of Zoning Appeals. The first item on the agenda is the Pledge of Allegiance. We’ll ask the audience to join us. All Pledge of Allegiance. Mundy Thank you. The next item is attendance. Mr. Day, will you be kind enough to do that? Dale Chris Lake? Lake Present. Dale Larry Jones? Jones Present. Dale Steve Mundy? Mundy Present. Dale Kathi Postlethwait? Postlethwait Present. Dale Andy Pickell? Pickell Present. Dale All present. Mundy Thank you. So we have two members that are virtual and so we may have a little more, we need to do roll calls if need be when we get to the point of voting. Next item is approval of the February 1, 2023 minutes. There were two of us not present at that meeting so the other three were the ones present. It’s in your packet. Are there any questions or changes to those minutes? Hearing none, is there a motion to approve? Lake So moved. Mundy Thank you, Mr. Lake. Is there a second? Page 1 of 16 Zionsville Board of Zoning Appeals March 1, 2023 Jones Second. Mundy Thank you, Mr. Jones. All those of the three of you in favor please indicate by saying aye. Lake, Jones Aye. Pickell Mundy Opposed same sign. [No response] They are approved. Thank you. We do have one item on our agenda on the docket this evening that did not get their notices made so we will need to continue that. That is Docket Number 2022-71-DSV, M. Lohmeyer at 880 Starkey Road in Zionsville. That will have to be continued to the April 11th meeting. So if I could have a motion to continue that please. Lake So moved. Mundy Thank you, Mr. Lake. Is there a second? Jones Second. Mundy Thank you, Mr. Jones. All in favor of continuing that Docket 2022-71-DSV to the April 11th meeting please indicate by saying aye. All Aye. Mundy Opposed same sign. [No response] It will be continued. We also will need to have a motion for use of first-class mail versus registered mail as to waive our requirement using registered mail. We’ve been doing that since the pandemic hit. We do have some that were noticed by first-class mail so if there a motion for waiving the requirement to use registered mail I would appreciate it. Lake So moved. Mundy Thank you, Mr. Lake. And a second? Jones Second. Mundy Thank you, Mr. Jones. All those in favor of waiving that requirement, please indicate by saying aye. All Aye. Page 2 of 16 Zionsville Board of Zoning Appeals March 1, 2023 Mundy Opposed same sign. [No response] That motion is approved. Thank you. I didn’t mention it but I did notice, Mr. Jones, that the length of the minutes from last meeting were very brief so it must’ve been a very efficient meeting. Jones I think it was a new record, yes. Lake Pretty short. Mundy And we’ve also heard from the local Girl Scout Troop. They were very thankful for your plug so. Jones Thank you, thank you. Mundy Cookie sales were good so thanks for that. And if I could let the IT person at the back know, do we have any online visitors other than the two Board members? IT Yes. _____________. 10:30 inaudible off microphone. Mundy Only one? All right. If there are others and any that wish to speak, please let me know that – frantic wave or whatever works, okay? Thank you. I’d also like to mention primarily for the one tuned in and the rest of you here, we do have a different order of presentation of the petitions tonight. We have practiced in the past allowing the petitioner to make an initial presentation on their petition. Pardon me. We are going to change that tonight and staff will make an initial presentation on each of the petitions and we will then have the petitioner make their presentation followed by any remonstrators and interspersed with any questions that the Board members might have. So it’ll be a little change from the norm. And with that, our first item on the docket is Docket Number 2023-01-DSV. It is P. Dreier at 535 West Pine Street, Zionsville. It’s a Petition for a Development Standard Variance to provide for an addition which deviates from the aggregate side yard setback in the Urban Village Residential Zoning District (R-V). Mr. Dreier here? Pillow Yeah, I’m Valerie Pillow, his wife, he’s out of town for business. Mundy All right. Pillow _____________ 12:19 inaudible off microphone. Mundy Okay, thank you. All right. So, if we could hear from the staff then. Baker Yes. Mundy On this petition. Page 3 of 16 Zionsville Board of Zoning Appeals March 1, 2023 Baker Yes, thank you. As was stated, this is a request for a development standards for an aggregate side yard setback in the, in the Village Residential Zoning District. The petitioner is proposing an addition to accommodate for a larger kitchen to their existing single-family residence. The aggregate side yard setbacks in the Village are 15 feet. It should also be mentioned that petitioner previously had a variance approved in 2015 which was for a setback of 2 feet from the west side of the property line and then also for an aggregate setback of 7 feet total. The current addition will be on the east side of the property and will be at least 6 feet from the side property line. This would be a total aggregate of 8 feet as the west side, stated previously, is 2 feet from the property line. The proposed aggregate setback of 8 feet will still be less than the previously approved variance with the east setback being 5 feet and an aggregate of 7. To summarize, the current request is not making the setbacks any more intense than what’s already existing on the property. With that said, staff is supportive of the request and I’m happy to answer any questions. Mundy All right, thank you. Does, do any of the members have questions of staff? Hearing none, Ms. Pillow could you or who is going to present from your perspective? Will it be you or the architect or? Pillow Both. Mundy That news? Well, you’ll need to come to the podium and give us your name, your address and then explain what it is you’d like to do. Pillow So we want to expand our kitchen. Not to, we love to host events and entertain and there’s a passthrough that gets very congested. I would just say it’s inconvenience not a hardship but, and the layout of the kitchen we don’t have any room for a pantry so we keep our food in the basement or in the mudroom and then our oven is right next to our refrigerator so I only use our two side left side burners so we can’t use that so it’s just more inconvenient and we like to entertain and host people and we’d like to have more of a flow through through the kitchen we’d just have a better flow and more convenience. Mundy All right, thank you. Any questions for the petitioner? Seeing none, is there anyone here who wishes to speak for or against this project? Hearing none, is there any further discussion among the, the Board? Jones I guess the only question – we don’t have any lot coverage issues I take it? Baker No, there weren’t any lot coverage issues. Mundy There’s no, no, no excess coverage and? Baker No. Mundy And there is no greater incursion into the side setback space with this because-- Page 4 of 16 Zionsville Board of Zoning Appeals March 1, 2023 Baker Yeah, it, it meets the side setback so the setback is 6 feet. It does meet the aggregate and we went through the lot coverage and it, it’s still under the required lot coverage. Mundy Yeah. Hearing no other questions, is there a proposed motion? Lake Maybe, if I can find it. Here we go. I move that Docket Number 2023-01-DSV, Development Standards Variance to provide for a deviation of the aggregate side yard setback to 8 feet for an addition for the property located at 535 West Pine Street in the Urban Residential Village Zoning District (R-V) be approved as presented and described based on the Findings in the staff report and staff recommendations, submitted Finding of Fact and substantial compliance with the submitted site plans. Mundy Thank you, Mr. Lake. Is there a second? Jones/ Second. Postlethwait Mundy Thank you Mr. Jones and Mrs. Postlethwait. All those in favor please indicate by saying – Taylor ___________ 17:19 inaudible off microphone. Lake Yeah. Mundy Okay, all right, yeah. We’ll, because we have two of our members remote, we’ll do a roll call vote. Mr. Day, could I ask you to do that please? Dale Yes sir. Mr. Jones? Jones Aye. Dale Ms. Postlethwait? Postlethwait Aye. Dale Mr. Pickell? Pickell Aye. Dale Mr. Lake? Lake Aye. Dale Mr. Mundy? Mundy Aye. The motion is approved. Best of luck with your project. Page 5 of 16 Zionsville Board of Zoning Appeals March 1, 2023 Pillow Thank you very much. Appreciate it. Mundy The next item on the agenda is Docket Number 2023-02-DSV, L. Abbott at 7855 East 200 South, Whitestown. Petition is for a Development Standard Variance to provide for a private stable which: 1) Deviates from the setbacks; and 2) Memorializes the establishment of an existing 1.54-acre lot in the Rural General Agricultural Zoning District (AG). Are the Abbotts here? Abbott __________. 18:28 inaudible off microphone Mundy All right, thank you. Could we get the staff report, please? Baker Yes. As mentioned, this is a development standards variance for a deviation from the required setbacks and then to memorialize the existing 1.54-acre lot in the AG Zoning District. The petitioner is requesting to construct a private stable on the property, on the southwest corner of the property, which does not meet the 100-foot setback requirements on the side which is the west side and the rear lot line. The petitioner is proposing to be 20 feet from the side setback and 15 feet from the rear lot line. It should be noted also that public stables aren’t subject to the 100-foot setback but only the 40-foot buffer yard. The property is a smaller agricultural lot which makes it more difficult to comply with the 100-foot setback. It also has a 70-foot, 75-foot legal drain maintenance easement which makes it difficult to comply with those setbacks as well. It’s also noted that other properties in the immediate area also show deviations from the required setbacks. I also gave you all a letter from the neighbor that I received today that is fine with the request who’s most, I would say affected by it. The petitioner also requests to memorialize the existing lot size of the 1.54 acres when the 2-acre is the requirement. The lot is legal nonconforming as it was created from our records in 1984. With those, with both of those requests, staff is supportive and happy to answer any questions. Mundy Thank you. Are there any questions for staff? Jones Is the new pole barn taller than the existing house and is that an issue in this – Baker I don’t believe so, no. Jones Zoning classification? Mundy Any other questions? Hearing none, could we have the petitioner come to the podium please? If you would state your name and address please for the record. Abbott Yep, it’s Lori Abbott, 67 Ashbourne Circle, Noblesville, Indiana 46060 and I own the property jointly with my daughter who is standing there with the baby and my husband. What we are looking to do is build a 24 x 32-foot pole barn on the back corner of our property so she can bring home her retired show pony and maybe a little companion animal. The pole barn will be fully compliant from what I can tell, my interpretation in terms of square footage, it will be less than the maximum required by the square footage of the home less the garage. It will also be, I believe, the tallest part of our house is slightly over 18 feet and the barn will be just slightly over 15, I think it’s about 15 feet 4 inches. So we won’t have Page 6 of 16 Zionsville Board of Zoning Appeals March 1, 2023 any variances other than these two that are requested today. We’re going to be very careful about making sure that it is well maintained and that the look and appearance of it is very attractive to the property and to the neighboring properties. And so I really appreciate your consideration. Mundy Thank you. Any questions for the petitioner? Postlethwait I do have a question and that is perhaps hopefully not out in the weeds too much but I’m assuming that you have well water out there where you are, is that right? Abbott That’s correct. Postlethwait So you’ll, you’ll be running a line from your existing well to the barn in order to have access to water there, is that true? Abbott Yeah, there actually is already a pump out in that corner of the property. The prior owners had a shed that was falling apart and we took down so there’s already a line from our well out to that corner of the property. Postlethwait Okay, thank you. Abbott Which we’re fortunate about actually. Postlethwait Yeah, thank you. Mundy And you are the property owner, your daughter is the resident there? Abbott No, my daughter owns it with me. Mundy Oh, I see. Abbott My daughter, Lydia. It’s owned by my husband and I, Jeff and Lori Abbott, and Lydia Abbott. Mundy Thank you. Abbott The three of us. Mundy Any other questions for the petitioner? Thank you. Abbott Thank you. Mundy Is there anyone here or anyone online who wishes to speak for or against this petition? Seeing none, is there any further discussion among the Board? Jones I just want to confirm – so all the adjoining properties are also the AG – agriculturally zoned? Baker Yes. Page 7 of 16 Zionsville Board of Zoning Appeals March 1, 2023 Jones I guess it’s just worth noting the last time we ended up with someone with a request for a variance of a setback it, it was, I think the issue was it was a not compatible use with the adjoining expected uses of the other similarly zoned property. Whereas this is pretty much in, is, is the same as every other use adjoining the property so I don’t think having it granting a variance for that kind of setback shouldn’t really affect anyone – Mundy Yeah. Jones Adjoining now or in the future. Mundy One neighbor that did send us a letter affirming that they were supportive of this, they are also using their property as agriculture, is that correct? Abbott Well, they have a house and they have a couple of outbuildings that sit almost on their property line. She is a retired arborist so they don’t currently have any animals and I think they have _______ 24:51 so I wouldn’t say they’re necessarily using it as agriculture, it’s just a larger kind of a rural residential property. Mundy Thank you. Any other discussion? Hearing none, is there a motion on this petition? Jones You want me to do this one? Mundy Sure. Jones For variance #1, I move that Docket Number 2023-02-DSV, Development Standards Variance to provide for a deviation of the side yard setbacks of 20 feet and 15 feet for the construction of a private stable for the property located at 7855 East 200 South, Whitestown in the Rural General Agricultural Zoning District (AG) be approved as presented and described based on the Findings in the staff report and the staff recommendations, submitted Finding of Fact, substantial compliance with the submitted site plans. Mundy Thank you, Mr. Jones. Is there a second? Lake Second. Mundy Thank you, Mr. Lake. Mr. Day, would you conduct a roll call vote please? Dale Yes sir. Mr. Mundy? Mundy Aye. Dale Mr. Lake? Lake Aye. Dale Mr. Pickell? Page 8 of 16 Zionsville Board of Zoning Appeals March 1, 2023 Pickell Aye. Dale Ms. Postlethwait? Postlethwait Aye. Dale Mr. Jones? Jones Aye. And then variance #2, I move that Docket Number 2023-02-DSV, Development Standards Variance to provide for the establishment to memorialize a 1.54-acre lot which results in a deviation from the required minimum 2-acre lot size at the property located at 7855 East 200 South, Whitestown in the Rural General Agricultural Zoning District (AG) be approved as presented and described based on the Findings in the staff report and the staff recommendations, submitted Finding of Fact, substantial compliance with the submitted site plans. Mundy Thank you, Mr. Jones. Is there a second? Lake Second. Mundy Thank you, Mr. Lake. Mr. Day, if you would conduct a call please. Dale Yes sir. Mr. Jones? Jones Aye. Dale Ms. Postlethwait? Postlethwait Aye. Dale Mr. Pickell? Pickell Aye. Dale Mr. Lake? Lake Aye. Dale Mr. Mundy? Mundy Aye. The motion passes. Congratulations. Best of luck on your project. Dale Thank you. Mundy Next item is Docket Number 2023-03-UV, Culver’s Restaurant, 36 – I’m sorry – 3263 South U.S. Highway 421 in Zionsville. A Petition for a Use Variance to provide for a drive-through restaurant in the Rural General Business Zoning Page 9 of 16 Zionsville Board of Zoning Appeals March 1, 2023 District (GB) and in the Rural Michigan Overlay District (MRO). Mr. Price, you are here to represent that petition, is that correct? All right. Mrs. Baker, if you would like to give us a presentation. There is a, another request or another petition on this. Would you like to present both? Baker Yes, I’ll – Mundy At the same time? Baker I’ll do both if that’s okay? Mundy And that’s satisfactory with you, Mr. Price? Price Yes it is. Mundy That second petition, pardon? Dale ____________ 28:10 inaudible. Mundy The second petition then from this petitioner is 2023-04-DSV, also Culver’s Restaurant, same address – 3263 South U.S. Highway 421, Zionsville. Petition for a Development Standard Variance to deviate from the required 6-foot- perimeter planting strip on a site located in the Rural General Business Zoning District (GB) and in the Rural Michigan Road Overlay (MRO). Ms. Baker – Jones I just, I, I would like to make just one objection because obviously this is a ploy to beat my record for a BZA meeting and I’m a little miffed. Mundy We never got the time on that one so, it’s a – Lake It was 15 minutes or less. Mundy I think you’re safe. Jones All right, all right. Lake Yeah. Baker I’ll try speaking into this because it’s not, okay – as mentioned, this is 3263 South U.S. 421 which is also Outlot I of Appaloosa Crossing. You may recall, this previously had a development standards variance approved by the BZA for the 6-foot perimeter planting and also a development plan approved by the Plan Commission for a 21st Amendment Liquor Store. Since those approvals, the business has intended not to move forward with the project at this location. To speak to the use variance first, a drive-through is a permitted use within the General Business Zoning District. It is not, however, a permitted use at this location because of the Michigan Road Overlay District. The site is approximately 1,500 feet from the intersection of 300 South. A drive-through would be permitted along 421 if it was within 1,320 feet of 300 South, so it’s just outside of that area. The petitioner seeks a use variance to permit a drive-through for, drive-through for Culver’s Restaurant at this site. The use would be Page 10 of 16 Zionsville Board of Zoning Appeals March 1, 2023 consistent with commercial uses in the area and it’s consistent with the comprehensive plan for mixed use in this area. With that said, staff is in favor of the use variance request. Going on to the development standards request, the petitioner is requesting to deviate from the 6-foot perimeter planting strip located along 421. This is a requirement if you’re having parking areas in the front yard. The petitioner is proposing the 30-foot-wide landscape buffer and to comply with that. They are proposing to relocate those plantings that are required within the 6-foot-perimeter planting to other areas on the site as shown on the landscape plan. This has been a typical request and approval throughout the Appaloosa Crossing development and with that said, staff is also favorable of this request and happy to answer any questions. Mundy Thank you. Any questions for staff? And this is the same request in terms of the landscape change as was approved with the previous petition for this same lot. Is that correct? Baker That’s – and, and that approval was subject to the site plan so it kind of goes away with the new site plan proposed but, yes, it was approved at this site. Mundy Thank you. If there are no questions, Mr. Price, would you like to present the petitioner’s point of view? Price Thank you Mr. Chairman, members of the Board. My name is Matt Price here on behalf of Culver’s and have an address at 10 West Market Street, Indianapolis. The staff report very succinctly puts forth the two requested variances. When, back in, just to provide a little more context on the drive-through issue – back in 2016 or so the Town amended its Overlay Zone to allow drive-throughs as, if they were in the rear of a building within GB Zoning Districts along Michigan Road. At the time, the last GB zoned parcel in Appaloosa Crossing was the one on the north side of Hanovarian so it stopped just short of this lot which is Lot I which is the first lot south of Hanovarian Drive and this lot was subsequently rezoned to General Business back in 2020/2021 in that era. So, it wasn’t, wasn’t part of that Overlay Amendment and so what we’re seeking to do is to obtain a variance that would allow the use of the drive-through like the other GB zoned parcels within the overall development. We’ve worked closely with DPW and staff on our traffic circulation and plan onsite. We believe we have the support of the Town with regard to that traffic circulation. The plan will be in front of the Plan Commission as well for development plan approval at a later date. With regard to the landscaping variance, it is consistent with identical to the other variances we’ve sought in Appaloosa Crossing regarding the, the 6-foot perimeter planting strip and we’ve submitted a site plan which shows the relocation of plantings that would otherwise be in that strip if it existed to the rear and side yard of the, of the site to enhance the landscaping along those frontages. I’ve got Don Silver with Culver’s and Bob Goins, both with Culver’s who are in charge of real estate development matters for the company and they are both available to answer any questions as well as myself. Appreciate your consideration this evening. Thanks. Page 11 of 16 Zionsville Board of Zoning Appeals March 1, 2023 Mundy Thank you. Any questions for the petitioner? Jones I was trying to sort out where the trash area is? Is it that, I’m assuming it’s that kind of enclosed area on the, between the, the drive-throughs and what I would call the rear of the space. Is that kind of the access point for deliveries and trash and all that kind of stuff? Price Yeah, I believe that, kind of on the southeast side. Jones There’s not really parking in front of it. Price So on the Hanovarian to, to our north and then Appaloosa Drive to our east so it’s kind of in the southeast quadrant. Mundy Any other – Lake This is not a question, just a comment for future. I know we have an aerial that shows the outline of this but a little bit bigger site plan that shows the context of the overall development would be helpful. Postlethwait Right, I agree. Mundy Yeah, it is small. Lake I mean, just trying to get some context of how far away Michigan is and, and all that. It’s, it’s not easy to tell that with the smaller site plan. Mundy Any other questions or comments? Thank you, Mr. Price. Is there anyone online? And I don’t think there’s anyone here who wishes to speak for or against it. We’re not seeing anything? No? Any further discussion among the, the Board? Pickell I do have one, pardon me, I do have one question President Mundy. Mundy Go ahead Mr. Pickell. Pickell I, I know that there’s no light for that area planned yet but what, what is the plan for leaving out of that area left or south? Mundy You, were you able to hear the question? Price I think so, yeah. I’m trying to recall – we, we have made prior commitments. I think when and if a light is warranted to install a light, I believe that’s correct with regard to that. I, I don’t, I don’t know anything beyond that I believe. Lake And my guess anyway is that’s an INDOT road so INDOT – Price Yeah. Lake Would dictate that not you guys anyway. Price Yeah. Page 12 of 16 Zionsville Board of Zoning Appeals March 1, 2023 Lake It’d be based on their traffic count study. Pickell Agreed. My, my point was is that conversation happening or? Price Yes. Pickell Okay. Price I’m sorry, Mr. Pickell. Yeah, yes it, it has been an ongoing discussion and, in fact, that was part of the, the initial development plan approval for the shops further north as well. Pickell Uh huh. Price An overall traffic study for the development. What the Town did in connection with the initial development plan was require a traffic study that assumed full build out and they set certain parameters for us and then from that the, the access and, the ingress and egress points were set as well as future signalization. Pickell Good to know. Thank you. Mundy That answered your question, Mr. Pickell? Pickell Yeah, I’m, I’m satisfied. Thank you. Jones So then we’ll see this again at the Plan Commission because one of the questions I’m having is about just signage. I know the Hanovarian Street isn’t, isn’t there supposed to be a ground-mounted sign out somewhere in this? Lake That’s a good question. I don’t – typically, yeah, I mean, the development, existing development plan would show you where the signs are at and would tell you what is allowed, not necessarily what is mandated. Taylor Yeah, we’ll see that the development plan. Jones Yeah, okay. Mundy Anything further for the petitioner or staff? Is there a motion for each of these two, one at a time? Lake Yeah, I’ll take the first one. I move that Docket Number 2023-03-UV, Use Variance to provide for a drive-through restaurant for the property located at 3263 South U.S. Highway 421 in the Rural General Business (GB) District in the Michigan Road Overlay (MRO) be approved as presented and described based on the Findings in the staff report and staff recommendations, submitted Finding of Fact and substantial compliance with the submitted site plans. Mundy Thank you, Mr. Lake. Is there a second? Pickell Second. Page 13 of 16 Zionsville Board of Zoning Appeals March 1, 2023 Mundy Thank you, Mr. Pickell. Mr. Day, would you do the roll call please? Dale Yes sir. Mr. Mundy? Mundy Aye. Dale Mr. Lake? Lake Aye. Dale Mr. Pickell? Pickell Aye. Dale Ms. Postlethwait? Postlethwait Aye. Dale Mr. Jones? Jones Aye. Mundy That motion is approved. And is there a motion then for the second docket item? Lake Sure. I move that Docket Number 2020, that actually should be 2023-04-DSV, Development Standards Variance for the removal of the requirement of a 6-foot wide parking lot perimeter planting area with the landscaping to be allocated to other areas of the site as depicted on the landscape plan filed in Docket Number 2023-04-DSV Exhibit 4 for the property located at 3263 South U.S. Highway 421 in the Rural General Business (GB) District and the Michigan Road Overlay (MRO) be approved as presented and described based on the Findings in the staff report and staff recommendations, submitted Finding of Fact and substantial compliance with the submitted site plan. Mundy Thank you, Mr. Lake. Is there a second? Jones Second. Mundy Thank you, Mr. Jones. Mr. Day. Dale Mr. Jones? Jones Oh, aye. Dale Ms. Postlethwait? Postlethwait Aye. Dale Mr. Pickell? Page 14 of 16 Zionsville Board of Zoning Appeals March 1, 2023 Pickell Aye. Dale Mr. Lake? Lake Aye. Dale Mr. Mundy? Mundy Aye. That motion is approved. Best of luck. Lake I would ask staff, time flies as fast as it needs to already. Don’t make it 2024 yet. Mundy Yeah. Best of luck. Dale Thank you. ?? Thank you. Mundy That concludes the petitions. We do have a couple of items to mention, the first of which is that the April meeting of the BZA will be April the 11th which is a deviation from the norm and that was done for the sake of the spring break, Zionsville’s spring break. So, don’t come seven days earlier. You’ll be alone. The second item is the re-adoption of the BZA Rules of Procedure. Ms. Stevanovic, would you review those for us once more? Stevanovic Yes, Mr. Chairman. Thank you. Board members, what we’ve brought before you tonight is a thorough review of your Rules as they are today. We’ve provided to you the Resolution if it’s approved, the Rules of Procedure red-lined so that you have an understanding of what we’re looking at trying to revise, a clean copy if approved for you to keep and the commitment templates for your review. Now that the Rules are in the location that we need them to be under the Board of Zoning Appeals’ authority, the Rules of Procedure that the pieces of the Rules of Procedure that we’re trying to update and revise are very simply the first and last pages. Those are the cover and adoption page. The second is referenced to the requirement utilizing the Town commitment forms. The third is to allow the petitioner to notice using first-class mail as well as certified mail with return receipt and the fourth requires the petitioner to include the list of adjoiners in the petition. So, as I said, minor changes but we wanted to bring this to you one last time. We’ve hoped for a while to just bring those few things, refine those few things and respectfully receive your approval. Mundy Thank you, Ms. Stevanovic. Any questions? Any comments? Hearing none, to adopt we need to have a motion to adopt these new, re-adopt these Rules. Lake So I would move to re-adopt the BZA Rules of Procedure as presented. Mundy Thank you, Mr. Lake. Jones Second. Page 15 of 16 Zionsville Board of Zoning Appeals March 1, 2023 Mundy Thank you, Mr. Jones with a second. Any further questions from any of the Board members? Hearing none, Mr. Dale. Dale Mr. Jones? Jones Aye. Dale Ms. Postlethwait? Postlethwait Aye. Dale Mr. Pickell? Pickell Aye. Dale Mr. Lake? Lake Aye. Dale Mr. Mundy? Mundy Aye. The Rules are re-adopted. Thanks for the staff work on this. We’ll eliminate some of our, some of the work we’ve had to do during the pandemic now. If there’s no other matters, we could use a motion to adjourn and, Mr. Jones, I think your record will remain intact. Lake Move to adjourn. Mundy Thank you. Is there a second? Jones Second. Mundy We have a motion and a second. All in favor please indicate by saying aye. All Aye. Mundy Thank you. Postlethwait Well done, good meeting. Dale Thank you. Page 16 of 16