Plan Commission - Regular Meeting

There's a couple of

If I'm in town, I'm trying to be early. I looked at the time. I went over. There we go. You're just setting it forward to get ready. You still got 30 seconds. Hey, that's a record. Oh gosh. I think the closest I pulled is when uh I had a parallel park. Does that count? Don't cars do that for you nowadays? No, I can parallel park, but yeah, especially in Auburn. Come on. You can't parallel park in Auburn. You need to not be driving. Let's be honest. They don't I don't think they even do that on the kids test anymore. I remember when I was in high school, they require it, but

yeah, they wouldn't do that anymore. Heck in Auburn, you pull right in. Call the meeting to order. Roll call. Samson here. Peter here. Logan Zuber. Dave. Chris Lamb. Here. We have a quorum. Yeah. Yes. I'm the alternate for I'm the alternate for I'm sorry. What's your name? Ryan. Ryan. Okay. I don't think we've met. He's been here a lot. Yeah. Really? He just doesn't talk. Well, I drink heavily, so I'm just kidding. Okay. Um, have an opportunity to review the minutes from the last meeting? Yes, sir. Okay. Any changes, modifications?

No. That I saw. Okay. I have a motion. Move to approve minutes as presented. Second. Second. I just moved it. So, I need a second. Okay. All in favor? I I I I Okay, any changes to tonight's agenda? Okay, we have no old business. New business. Uh we'll open the public hearing for BCA standard variance 2025-00007. Begin with a staff report.

Good evening. [Music] Your lights not going off. [Music] An application was filed by Lawrence Corona requesting a development standard variance to reduce the rear yard setback from 25 ft down to 5 ft to allow for a 50 foot by 50 foot building addition located 1317 Westley Avenue. Legal notice the public hearing appeared in the star on July 9th, 2025. Five adjunies of property owners were sent notice by first class mailing on June 26, 2025. Here you'll see on the top the existing 50T by 50 foot and at the bottom would be the additional 50T by 50 foot. The project site is zone I2 heavy industrial. Uh this picture shows a view from Caboose Lane looking east at the existing building. Uh this picture view looking northeast at area for building expansion. Then the uh next one's view from Ensley Avenue looking southeast at existing buildings. The staff did not receive any public input. The applicant is requesting to construct a 50 foot by 50 foot addition onto the south side of the existing building. The building is utilized for James coating which provides powder co and similar

finishes for parts. The existing building is 2500 square f feet in size was constructed in the year 2008. The existing building is 50 ft by 50 ft. There's a 16 foot wide unimproved alley to the south of the subject property. The Auburn Unified Development Ordinance allows an addition to be the same distance from the side property line as the existing building. The addition will be in line with the existing building. The requested variance would allow the building to be 5 ft from the southern property owner. The property owner owns the adjacent lot to the west of the existing building. The addition of the existing building will be towards the southern property line away from any adjacent buildings or homes. The addition will be no closer to the east property line than the existing building. Staff does recommend the board of zoning appeals accept the staff post financial facts and approve BCA standard variance applications 2025-007. This concludes staff report

questions comments. Are there any railroad concerns on distance to railroad briements or anything like that? Not that I'm aware of. That is that support track just south of it. Correct. Yes. [Music] Okay. Thank you very much. Would the applicant please come forward, introduce yourself, your name, address, and spell your last name, please?

Lawrence Roma. 103 Greenhurst Court, Auburn. And uh what else did you need? Whatever you'd like to tell us about it. You're expanding your business.

Well, uh my wife and I own the building. My son owns the business. Okay. And he is in powder co. And so, uh he's getting to the point where he's going to be needing some more room in a relatively quick place. At least he hopes he does. Okay. Uh and so we want to get all of our ducks in a row uh to know what size of a structure we are able to build here. We would like to go 50 ft. That would end up giving us a 50 by 100 building which would be perfect and then maybe at some future date we would put something on the west side which we already own that property.

Yeah, I saw that. Um, it's a clean business that he runs. There's really no pollution or dirt, anything like that. So, it's relatively quiet. Uh, not many neighbors around. It's an industrial area. Yes.

Yeah. When we first the building, we were given a long list of improvements we had to make in order to make it business for white investor. So some place along the line it got changed to heavy industry. I'm not sure when that happened. I don't know. Now it's heavy. That's why the setbacks I guess are larger than we anticipated. So hopefully you know we can get your approval and go with the 50. If we don't uh we would probably end up having 35% whatever we can

any questions comments I have no question thank you very much appreciate your input no your address no your address you're good you're good you're good yes yes is there anyone in the audience that wishes to speak for against this project. If so, please come forward. Not being anyone, we're all set. I'll close the public hearing for this project. I'm the rail track on the adjacent southern property. Yeah, it's not going to affect anything in the future. Okay. Mr. Bosworth, would you read the findings of fact?

Yes, sir. This is the fin fact worksheet for 1317 West Ensley Avenue standards variance uh EZA standards variance 2025-07 one the approval of the variance will or will not be injured for public health safety morals and general welfare of the community will not wish to adopt staff finding yes yes two the use and value of the area adjacent the property included in the variance will or will not be affected in substantially adverse manner will not and you wish to adopt that staff finding yes three strict application of the terms of the ordinance will or will not result in practical difficulties ies in the use of the property. Well, you wish to adopt that that finding. Yes, those are the findings. Oh, I'm sorry. I thought I was on here. Okay. Thank you very much. You're approved.

Yeah. For 50 feet. Oh, we need to move. We didn't approve it. Just hang on. Second. All in favor? I. Now you're approved. Now you're good. Now you can start building. I don't think there's there there used to be a one-year time limit on completing the project, but I think that's been changed. I don't know. Yeah, call them tomorrow. You're welcome. Have a good night. business.

Is there something going on with the server that is not delivering the PDFs properly? Yeah, I could get it, but only on one of my systems, not on my other one, and I don't understand it. I couldn't get it on anything. I could my laptop, my not my desktop. Seventh Street. I don't know. See, it doesn't. It worked this time. T-Mobile. Okay.

All over the public. Excuse me. We'll open the public hearing for BZA standard variance 2025-00008 staff report. An application filed by Todd Ramsey representing four Ramsey properties city requesting the bel relocated 39 foot tall 300 square foot preceding Steinville board from its current location at 1511 West 7th Street to the adjacent property located at 1521 West 7th Street. A legal notice the public hearing on July 9th, 2025. Five adjacent property honors notice by first class mailing on June 26, 2025. The uh picture here, the uh the left blue rectangle indicates the proposed new billboard location. of the project site is zone C2 general commercial. The first pictures of you looking west along Seventh Street. Uh staff was contacted by an adjacent property owner requesting the documents related to the request of the applicant's request to relocate the new freestanding sign billboard from it current location 1511 West 7th Street approximately 60 ft to the west on the adjacent property at 1521 West 7th

Street. The Sonic restaurant is currently under construction on the property on which the sign be located. The sign copy area is 12 ft width by 25 ft length. The size of the sign of 300 square ft copy area exceeds the maximum allow allowable sign area for the property of 150 square ft. The height of the sign 39 exceeds the maximum allowable height for a sign of 20. The existing sign is classified as a nonconforming sign. The sign can remain on the property as it is. There is a similar sign located on lot four of the for division which is the future location of Mike's car wash. Uh that sign's also nonforming significant the applicant has submitted proposed bindings of fact consider the size and height of the sign was approach. appropriate to the area where the sign was first installed. Relocating the sign 60 ft or less is a minimal change and will have limited impact on the area. Staff recommends the board zoning appeals except the staff find application 2025-008 subject to the following conditions. Number one, if any portion of the sign extends to overwork in utility or drainage and easement, the utility

service agreement from the Auburn Board of Public Works and Safety shall be approved prior to sign placement. And number two, approval from the Indiana Department of Transportation for an outdoor advertising sign is required to place the sign. This concludes staff. On item two, did they have to get that approval initial sign? On the second condition, approval from Department of Transportation for an outdoor advertising sign is required prior to placement. Did they get that approval the first time they put the sign in?

Yeah, they did. Okay. And they need another one. Well, because there's a modification. Yeah. To move. H. Okay. [Music] So, that's all right. Yeah. You know, you know how it works. Questions, comments.

Okay. Thank you very much. Appreciate it. Would the applicant please come forward, introduce yourself, name, address, and spell your last name, please? Steve,

just for my edification, why do they need to move? Ah, okay. Okay. Any questions? No. [Music]

Sorry, I couldn't hear what you said. Not this time.

Oh, okay. Very good. Uh, thank you very much. Is there anyone in the audience that wishes to speak for or against the project? Please come up, introduce yourself, name, address, and spell your last name. [Laughter] Get the consumer's pricing. There's nothing sign. So our states that we own the land on the land.

Okay.

So, we are technically um we did submit I submitted a letter last week and it is our intention to sign really to help with the visibility along the street for visibility. Um and also uh in addition to that um very impressed with your Auburn 204 development plan. This is actually one of the reasons we were excited to invest in the Auburn community. We also have a large membership as well. Um but really this plan talks a lot about art street. Um, and I see the sidewalks are now going in. Very excited about that. Um, but really the I don't believe a beautiful space for the city of Auburn actually for the city of Auburn. for that reason.

Okay. Are you in litigation over the ownership? Honestly, I was surprised. So, we haven't contact our attorney did reach out to attorney to talk through it. start

I don't I have a couple for Jean. Yeah. Thank you. Stay tuned. Is there anyone else in the audience that wishes to speak for against the project? If not, I'll close the public hearing. Yes. Oh, I'm sorry. We open for comments.

If we could bring the questions. Um are you aware of any litigation that you can speak with the developer regarding financial relation a potential approval here be a new construction sign in that similar location or would this be tightly the opportunity to move the existing structure?

Um, that's fine. We don't have that. Well, I think if we look at the question, it was this is an appeal to move the sign, right? And not to build a new sign. And are we getting into a situation where we're giving somebody approval to move somebody else's property? I'm sorry. Oh, I'm sorry. Yes, we'll close the public hearing. Thank you. Glad you're here. You're good. Yeah. I don't think you can give Ramsey the ability to take credit. Seemed like that to me in the beginning. You can't do that.

And but you can approve a fine for that location. Basically, billboards are allowed there. Uh, and what they're actually looking for is a variance for height and size. That's that's what you're bringing a variance on. So, it's taller than what's allowed and it's bigger than what's allowed, but it's staff. Oh, you're right. For the size area like that that have been there for a long time that are now nonforming. Is this part of our just outside Do you know what all is going in there? Yeah.

Mike's car wash. And then there's Mike. Yeah. Oh,

okay. And that's our entrance corridor. Yeah, that's part of part of our gateway. it was um from my perspective I guess to me it boils down to this is a new sign regardless whether it's not right u grandfather then you can kind of change the the expectations of that area so if somebody has to put across the street or in front of crapper girl would be permitted true that that's kind of what that question boils to I struggle with this for moving it or for placing a new one in that area. We have evolved our standards because we have an idea of what that place to look like, especially as you're taller.

So, I'm a little bit reluctant to to consider this application from my perspective. I have mixed feelings too, but it's a business and they need to advertise and I want to be respectful of them and welcome our new people. Um, but we can't I I think approve something that he doesn't own. So, if we've moved on to Are we just talking about giving him a variance for the sign? Yes. Yeah. Right. Okay. It's not a business sign.

Well, when I see Mike's big sign out there, to me, that's the sign and not a billboard. Yeah. Right. Yeah. Right. Okay. This is a billboard. Yes. Which could change its message. Yeah. It could change month to month, year to year. Okay. I see it. Okay. [Music] Okay. Oh, I see. Okay. Now, now it's right. Okay.

Okay. Okay. Well, yeah, then I I have a different perspective of that then. Well, personally, I hate to see a giant billboard sitting right there at the entrance to our city, our town. So if I take the litigation consideration out of it because that's between them. Yeah. You don't want to get into that. Yeah.

Yeah. I'm kind of torn too. I'm not a I mean there are some different ones on down further down uh on the eight but as soon as you start getting Sonic in there and everything else I'm just a little but they'll end up with conforming signs too. No and I get their signs will be fine but it's also the other it's another clutter. Yeah. Yeah. I mean, you're talking

So, we don't have a consensus yet. What is it? 37 ft. 39 ft tall, 300 square feet, freestanding sign. That That's what the new one would be. Just under 40T. Just under 40T. Yeah. Yeah, that was helpful. It's 39 by

39. The standard allows 20 and then the actual square footage of the area is 300 square feet. The standard allows that 15. So they could put in a sign that 20 feet by 150 square feet, right? Without without any question, right? Okay. In the same location, they still

just sort of applicants information. Of course, if you guys vote two, no action is taken because you need three votes to either correct allow or deny. So, we will be cut over to next meeting. Okay.

Let's do a roll call. Okay. Would you please read the findings effect? This defines a fact for 1521 West 7th Street standard variance BCA stand variance 2025-00008 one the approval of the variance will or not be adjurous to the public health safety morals and general welfare of the community will will I said will two the use well this says for not so you can't You have to we'll have to draft another finding or if you have one in mind as to why

I think no. Yeah. Would you guys mind rewriting that for us with a will instead of a will not? They've done this on the fly before. We have to tell the staff. Exactly. Right. I'm thinking so injury would be related to visual

you mentioned the gateway district. So for the record I recommend this finding effect the approval of the variance will be injurious to the public health safety morals and general welfare of the community because the proposed sign and height will block line of sight and is counter to the intent of the gateway and corridors district initiative intent. Do we should adopt that finding? Yes. Yes.

Number two, the use and value of the area adjacent to the property will or not will or will not be affected in a substantially adverse manner. Well, use and value of an adjacent property. Well, well, yeah, I guess would because the bank, right, that's why I um take a roll call on that. Hold on. Okay. Will will will will Okay.

So the use and value of the area adjacent to the property included in the variance will be affected in a substantially adverse manner and then the terms invalidation of that fact. Use the value of the area adjacent to the property including the variance will be affected in a substantially adverse manner because the increased size and height the sign is contrary to the intended intent and desires of the neighboring property owners in the uh in the corridor initiative intent

wish that finding yes it's being recorded three the strict application of the terms of the ordinance will or not result practical difficulties in the use of the property will not will not will not so the strict application of the terms of the ordinance will not result in practical difficulties in the use of property um the strict application of the terms or will not say a point of order

and against one of these findings of fact it's okay you want to take a roll call on that effect number three will not okay so I was trying to think of language that apply appropriately. Um the strict depation of terms will not result in practical difficulties of the use of property because the because the utilization of a hill sign is not correlated to the utilization of the current development on that property. Is that fair and reasonable to that threshold?

I believe so. It's developed as a Right.

Yes. Yes. I'll entertain a motion regarding the findings. Findings as discussed [Music] and deny and deny. Well, no. So, this is her finding. Sorry. Okay. We already the finding. So, I would move to deny 2025008. All in favor? I Oh, a second. Second. I second. Yeah. So, so so did we vote on the finding a back? Yes, you already I'm just trying to verify. No, it's okay. We didn't need that. That was part of the Yeah,

we needed a motion. Yeah. All in favor? I I Okay. [Music] But we welcome you. We welcome your business. We do. Well, whoever. Sure. Please. Whatever you want to do.

Exactly. Yeah. You want to build? Yes. Yes. corner that's existing today the existing not for that

they would have to follow whatever the guidance for the ordinance dictates at that point for routings and approvals that is necessary for whatever body approves that I don't know and the that you own.

Okay. Yeah. So, the non-conforming sign we can't touch. So, if they own the property, it's litigation. That's the

westtheast corner say that again. I didn't hear you.

Yes. So that one can stay as a conforming or nonconforming established. If it were to come down or be moved, then okay. Okay. Do we have any other business? Reports, officers, staff, and we have a meeting next month. Wow. [Music] How many items do we have next month? I don't want to know. Um, we have one currently, but the deadline is actually next Tuesday. Okay. Thank you. I have a motion to

second. All in favor? I Thank you. Jean, you lost control of this meeting. I thought it went fine. [Music] Some of us had football tonight. Some of us must had football tonight. Yeah, I think they're in there. They're practice phase. Feeling okay. Pardon? Not sick, is it? No, he's got football. I'm pretty sure his other volunteer job. his other volunteers.