Board of Zoning Appeals - Regular Meeting

On behalf of any petition, you must sign in at the podium. If there are multiple people, please limit uh your time to speak to three minutes. We don't have a lot of people here, so we need to worry about that. And just remember, just be respectful and we should have a good meeting. We'll get going here within the next minute. Hey, it works. Works. Works. You know, all these all these meetings are on like this one. This is on YouTube. You know, it's live on YouTube plus it's recorded, right? Right, Grace? Yeah. So,

whatever that's worth. Try not to do anything.

Is that a Lisha? Is that a state thing? Yeah, it's a state Yeah, there's a state statute that was passed that requires that all public meetings that are regularly held be um live streamed and recorded and posted for a period of time. Yep. All right, ladies and gentlemen, I got 5:30. I'll go ahead and call the BCA regular meeting to order for January 14th, 2026. May I please have roll call? Mike Nichols here. Sam Payne here. Isaac Chavez here. Scott Highlander. Charles Bates.

Thank you. Moving forward, as this is the first meeting of the year, we'll have the election of officers. So, we will need a motion for president, vice president, and secretary. At this time, we'll open the board to motion the position for secretary. I'll nominate myself for secretary. I will second. We'll go first and a second. We have roll call, please. Sneay. Isaac Chavez. I. Mike Nichols. I. Next, we will take the election of vice president. I will nominate Sam Payne, vice president. I'll second. We have first and a second. Roll call, please. Mike Nichols.

Hi. Isaac Chavez. I snee. Hi. Next, we'll take a motion for president. I'll second. First and a second. Roll call, please. Mike Nichols. I snee. Isaac Chavez. I Congratulations, gentlemen. Moving forward, take a look at the minutes from November 20th. That was our last meeting. I wasn't here. All right.

Okay. I I will motion to table these minutes. Do we have a second? I have first and second. Roll call, please. Mike Nichols. Hi campa Isaac Chavez. Hi.

All right. Going forward, I would like to double check with the board that no one has had any contact with any other board members or the petitioners with what is being discussed before us tonight. All right. hearing done. Moving forward, we're going to take a look at new business. We're going to have a public hearing for a special exception and a variance. First, we'll start with the special exception. The petitioner is Brian Em docket number 2026-00001 requesting a special exception in a variance of developmental standard for the following to allow a car wash on roadside business district and to have a slight setback at 10 ft in place of the required 15t setback. Miss Alicia, may we please have the staff report?

Yes, I will read the staff report for the record. So the applicant is Brian K. Imhof. The address is 631X Street or his address is 631X Street, Bedford, Indiana 47421. The site characterist site characteristics, the request is located at parcel number 12101230-21. Um and uh the legal description is a part of the northwest quarter of the southwest quarter of section 12 township of 21 north range one west of the second principal meridian in Clinton County, Indiana. More particularly described as follows. Beginning at a point of 308.5 ft east of the northwest corner of said southwest quarter of section and running then east along the half section line of 85 ft and 4 in. Then south and parallel to the section line between sections 11 and 12 93.4 feet. Then west and parallel to cut half section line 85 feet 4 in. Then north 93.4 ft to the place of beginning. And the address is 2175 East Wabash Street. And the legal description of that is the same I believe 39. No, it's not. Okay. a part of the northwest quarter of the southwest quarter of section 12 township 21 north range one west of the second principal meridian in Clinton County Indiana more particularly described as follows beginning at a 393 ft and 10 in east of the northwest corner of said southwest quarter section and running then east along the halfsection line 85 ft and 4 in then south and parallel to the section line between section 11 and 12 193.4 4 ft. Then west and parallel to said halfsection line 88 85 ft and 4 in. Then north 193.4 ft to the place of beginning but subject to all legal highways commonly known as 2175 East Wabash Street, Frankfurt, Indiana 46041.

The request is for a special exception for approval for a car wash to be in the roadside business district. Uh for UDO references, it's a category RB uh and it's uh zoning is roadside business. For the request analysis, uh section 203.11 has s special exceptions from cases arising within their territorial jurisdiction. The board of zoning appeals shall approve or deny all special exceptions from the terms of the zoning ordinance, but only in the classes or of cases or in the particular situation specified in the zoning ordinance. The board may impose reasonable conditions and/or commitments pursuant to Indiana code section 3674 uh 10:15. A special exception shall be approved under the section if after public hearing the board makes findings of fact in writing that one, the proposed use conforms to the district provisions in which it will be located in all general regulations of this ordinance. The total lot size will be approximately 193.8x 170.8 8 or 33,250 ft. They will be combining three lots and will only require one variance to place the car wash on the property. The use conforms to the district provisions in which it will be located in all general regulations of this ordinance. Two, the proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons and shall comply with the performance standards herein. The car wash has taken into consideration all site challenges during the design of the project. The primary concern was the safe entering and exiting of vehicles. Accordingly, the design provides the required required minimum of six stacking parking spaces or stacking spaces. The entry width has been designed to allow vehicles to enter and exit safely and efficiently. The applicant will obtain access approval from the Indiana Department of Transportation for the

proposed connection to State Road 28 East. The property is bordered by commercial uses to the east and west with Casper's radio tower located at the rear of the lot. Landscaping is proposed along the east side of the property as well as near the dumpster area in the front. Additional landscaping will be installed near the entry and exit drives. Landscaping across the front of the property is not proposed as this area lies within the state rightway where trees and shrubs are not permitted. All refuge collection areas will be architecturally compatible with the principal building. The proposed use will not involve any element or create any condition that could be dangerous, injurious or noxious to adjacent properties or persons and will comply with all applicable performance standards. Three, the proposed use shall be cited, oriented, and landscaped so that the relationship of the buildings and grounds uh to adjacent buildings and properties does not impair health, safety, general welfare, or comfort and does not adversely affect the values of adjacent properties. As noted before, the car wash will install juniper bushes along the east side of the property to provide a buffer for the adjacent Burger King. Additionally, landscape additional landscaping will be located at the entry and exit drives as well as around the refugees container. Although landscaping is typically required along the front of the property, this area lies within the State Road 28 right ofway where trees and shrubs are not permitted. For that reason, the applicant has focused on the required landscaping around the refuge container area to enhance the overall appearance of the site. Four, the proposed use shall produce a total environmental effect that is consistent with and not harmful to the environment of the neighborhood and will not impede the normal and orderly development and improvement of the surrounding property for use already legally permitted in the district. Surrounding this lot are businesses and the Frankfurt High School. to the rear of the property. Wilo radio tower is sitted is is sits the property the proposed use shall

produce a total environmental effect that is consistent with and not harmful to the environment of the neighborhood and will not impede the normal and orderly development and improvement of the surrounding property for use already legally permitted in the district. Five, the proposed use shall organize vehicular access and parking to minimize conflicting traffic movement on adjacent streets. As noted before, they will be applying to the Indiana Department of Transportation for an entrance and exit on on State Road 28 East. They have designed a wide entry and exit that will continue down the west side of the lot to the back side. It will allow enough room for six cars to stack for entry to the car wash. They will have 15 parking spaces. If INDOT allows for the request for entry off the state road, then the proposed use shall be organized vehic ve vehicular access and parking to minimize conflicting traffic movement on the adjacent street. Six, the proposed use has taken or will take adequate measures to provide utilities, access roads, drainage, and other necessary facilities. This project will be working with the drainage board to move the Hana or Hannah Kisler tile and address other drainage issues. See the letter from Dan Sheets. Seven, the proposed use shall promote the objectives of this ordinance and shall be consistent with the city of Frankfurt's comprehensive plan. The unified development ordinance requires that car washes be placed in roadside business districts by special exception. The city of Frankfurt is always open for new business to develop within the city limits. The recommendation of the staff is the special exception should be passed subject to the findings of fact in the staff report. Thank you, Alicia. Okay, at this time we will take any questions from the public.

Okay, hearing none, we'll close the public hearing. Do we have any discussion and questions from the board for the petitioner? Yes, we do. And number two says they will be putting the dumpster area in front. How how is that going to be located? How is this going car lot going to be located? Where from the one M2? And what's going to be the front? That's the plan. Yep. It should be on this map.

28 doors. So, it looks like the dumpster pad or the dumpster and and it shows the dumpster pad is about uh fairly close to the middle of the lot. Left and right in the front.

In the front. That's what I That's why that's I think that's why they talked about putting bushes or stuff around it. This the State Road 28 East overlay states the dumpsters have to be in the rear. I was thinking com I was thinking the Culver's dumpster is more towards the front.

Wait, what? I was thinking Culver. Culver's is right down the street. I was thinking there Culver's. Is that the name of the place? I believe their sets on the souththeast corner. Yes. There's the drive-thru and the dumpster. Right by the curb. Right there by the curve.

Okay. The west should on the back.

Here it is. Refues. All unenceds. Storage of refues is prohibited. Whether or not in containers, all refues shall be contained. Enclosed and screened on all sides with a roof structure with a minimum of six foot tall screen. It's architecturally compatible with refuge collection. shall be in the rear of all structures away from view from traffic by state road 28.

Y

what I just read was uh in the unified development or ordinance there is a section regarding outdoor storage of refues. All unenceds storage of refues is prohibited whether or not in containers. All refues shall be contained, enclosed, and screened on all sides with a roof structure with a minimum six- foot tall screen that is arch architecturally compatible with the principal structure. Refuge collection and recycling areas shall be in the rear of all structures away from the view of by traffic along State Road 28. The reason we put them in the frontally because it saves trucks from driving all around they pull in empty pull out saves them. We historically all fire for that reason. You can make it. Yeah,

that could be condition of approval. Now, my next question is drainage. Yeah. What is this reference letter from Dan?

I forgot to attach it. Um, but I do have it in my email somewhere. I could go print it out real quick. Yesterday, yesterday I went up to uh Dan's office and talked to Zach, and Zach says they have no plans for what they're going to do. They know they're going to do some drains down there, but they don't have any plans on how they're going to do it or what's going to be done. And me and him had a nice long talk because that ditch that runs through there is very important as far as water runoff. Yes, we got a new pond. They got a new lake back there that brings a lot of the water in. They don't have the flooding because of that lake. That ditch right there brings it in from the other side.

And if that isn't if that isn't designed and properly put in there, we're going to back that up. When that backs up, that controls the flooding then on the east on the north end of town. So we we talked through that yesterday and it's very very critical that that design and stuff is improved before they start digging in that in that area. So we're not even sure whether it can be done or not because the tile coming in there. So there's a lot of work that's got to be done around that.

We've already had a single engineer two sides. All that's been taken consideration and can work. We just didn't go ahead and draw anything up yet because we can't get the very sections here and we couldn't build there. There was no sense in spending all that money making plans. But we'll have the plans for you before building or anything. We just need to know if the entrances were could be changed. The reason I'm asking a lot of questions is for the last 10 years we hadn't had to do it. Before that, I've been back there pulling rowboats around in that lot back there, getting people in and out. Same way out on the east end and the south end of the town.

That high school flooded out one year and we was in there for all day. Sandbags and that ditch right there is what kept us from flooding the high school out. So, that's a very critical area that we need to make sure is correctly. We have checked the fall and checked the you know we're confident we can make the work. This is the guy that's going to do it.

We we talked to Dan extensively and made sure he made us understand what we needed to do and I went up to go through it with him and again we just stopped progress on that till we made sure we could get the variances and things of that proceed. But we're we're confident that the drainage and and again these these car washers we don't want to be no problem. We're building these all over the state. We don't want problems anywhere. And where's your where's your entrance into the lot going to be the entrance will be just it's a little bit

Yeah. There's an entrance there now that's in the center. It's kind of the center. We'll be moving it. I think that's to the north. Is that right in front of the house? No, there's there's two entrance. There's one right there in front of the house and then just north that on the other side of the pipe there's another we'll be moving that one down about 20 ft. That's where you come in.

What are they going to provide any kind of traffic or anything for you there? The reason I'm asking that's a heavily traffked area right there. getting in and out is going to be it's going to be bad because when you go to Burger King and you're sitting there the light at Mash will change to green that traffic comes about the time that light gets ready to go to red the one down at Walmart changes green and you got traffic coming all directions there's no it's hard to get in and out of Burger King and the other place as well

that was the reason that we drew the way we did off the entrance and exit It's all on one side and it'll be extremely wide so that cars can be stacked up on the inside waiting to go through the car wash and not feed traffic and there'll be plenty of room for them to line up waiting to get out. So there would be, you know, just like a car's got to sit waiting for somebody else to pull out. As long as they're not sitting out on 28 waiting to get in there, you' be right. And see, we've got the way our you know she said six cars stacked up the car wash. That's just with our pay island, the car wash. Behind the pay island, we got enough room for two lanes and probably stack 16 cars. There's there's room to more than six behind the pay

because that believe me, we have to go through a lot those kind of things too. If you can't get people in and out of it, we can't do business. If you want to condition that bridge car wash standard is cars stacking and I think that on this I don't require she said six but required six but for a lot more have any other questions or comments. I we really like the pad to be easily accessible. It saves a lot of trouble, but we're not if we have to move somewhere. We do always put we always put block split face block wall around them if they got gates on. So junction itself That's what we always do.

Yeah, that's what the building's made out.

If we need to add a real do that wants to try to move, try to do whatever we can to typically that just keeps the trash truck from in there on the car wash back out. I'm just speaking one person, the other two gentlemen here at this week as well. But to me, I think we need to keep it standard all the way down the road. I mean, if we make we've made the other businesses down through there do that and went by the compliance of the ordinance. I think we should do it on all. That's my feel. Helps us keep trash away too from

getting onto the road. place for its back. That's all we need to do.

Any other discussion? I got a the question uh us approving this uh without having quote unquote the approval of the of the water. They they've talked to Dan, but they there's not an approval from them. That's not a problem, is it? or or is it a problem? They should

you can approve it with the condition that it would meet the drainage board requirements and get the approval of the drainage board. Um so you could approve it if you wanted to or you could table it and have them get approval of the drainage board and bring that back before you did it. Whichever method that you wanted. I think they're also you're also waiting on INDOT approval for your driveway. Is that correct? So they would need that also before the project would move forward. So you would probably if you did want to pass it tonight, you would want to condition it upon that as well.

Before we can make that kind of investment for range, that's a very expensive plan. We need to know for sure that these the things we've come to you with can be passed. And that's the reason why what we was coming here first because if they can't be passed, this can't happen. if we can move dumpster around the amount of footage we've got and everything, we've got to have the Sure. So, that's that's the reason we was meeting. Well, would the would the approval uh condition to what Alicia was talking about condition to moving moving the moving the dumpster uh getting the drainage board approval and getting the the Highway 28 approval? Yeah.

But if we made our our ruling contingent upon those, then that allows you to to know that you can do it as long as you fulfill that. Yeah, that's right. That'll work. And just to clarify with regard to the drainage board approval, you wouldn't be able what you're saying is that you wouldn't be able to get approval from Dan Sheets and the drainage board until you had the plans completed. and you haven't done the you've done engineering to know that you can move it, but you haven't done the drawings and specifications to move it and therefore get that drainage board approval at this time because it's cost prohibitive if the project wouldn't move forward. Is that correct?

We've actually had the surveyor on site. We had our surveyor on site to make sure that he saw the law. We done all that before we bought the property just to make sure that we worked I do believe there's a letter um but I cannot find it on my email. So most likely Don has that letter in his emails. Um what if we made a contingent on it table until they did it

the letter or the approval? I would rather I would this is me personally but I would rather approve it contingent on that than they know that when when they comply with those things that it's approved because if we just table it they still don't know if we're going to approve it or not. You know what I'm saying? Does that make sense to you guys? Yeah. That's exactly what it is. You just don't want to spend $30,000 putting up the drainage plant and and then Yeah. So, I'll make a motion. Uh we are we to that point yet? Yeah. I'll go ahead and close our discussion and open for a motion.

I'll make the motion that we approve the special exception contingent or Yes. contingent on uh moving the uh um dumpster to away from the road, whatever that whatever that needs to be towards the back or whatever the rear the drainage board approving uh the uh drainage plan and state road 28 the government the state INDOT INDOT approving their exit and exit.

Is that does that sound all right? Yes, that's fine. Just that uh as opposed to contingent with the conditions of so and that's fine. I would I would like to see those plans come back before us once through the drainage board plans. Yes. So Mike, would it would you be amendable to amending your motion to say that con that with the conditions that we move the dumpster that the drainage board approves and that those drainage board plans be provided to the board of zoning appeals and that we receive INDOT approval? Sure. Okay, that sounds okay. Is that okay?

Okay. Is that a second? Huh? Is that a second? Yes. First has a second. Thank you, Gent. We have first and a second. Take a roll call, please. Mike Nichols, hi. S Payne, Isaac Chavez, I special exception passes. Moving forward, we'll take a look at the same applicant, Brian Em. Uh, quick question. Should this BA docket number be 002 or does it say the same? BGA 2026, it's the same.

Okay. 001. Um, the petition requests a standard variance for approval for a 10-ft side setback instead of the required 15t side setback on a roadside business district. May we please have the staff report, Miss Alicia?

We may. The applicant is the same and uh the name and address of the applicant have already been read into the record and the site characteristics are the same, the same parcel number, the same address and the same legal descriptions. So, those have also been read into the record already. The request is that said petitioner request a standard variance for approval of 10 foot of for a 10 foot side setback instead of the required 15t side setback in a roadside business district. The unified development ordinance references uh table B district performance standards require a minimum sideyard in feet in a roadside business district of 15 ft. The zoning for this property is roadside business. The request analysis section 203.12 variance developmental standards from cases arising within their territorial jurisdiction. The board of zoning appeals shall approve or deny all variances from the developmental standards such as height, bulk, or area of the zoning ordinance. The board may impose conditions as per Indiana code 36745. A variance may be approved under this section if after a public hearing the board makes findings and facts in writing that one, the approval will not be injurious to the public health, safety, morals, and general welfare of the community. For the petitioner to properly place the proposed car wash building on the lot while still meeting the required parking, entry, and exit standards, a reduced side setback of 10 ft rather than the required 15 ft is necessary. The adjoining property to the west is the Burger King parking lot, not another structure, which minimizes any potential impact. Additionally, the petitioner will provide landscaping along the east property line to buffer the area and further enhance its compatibility with surrounding uses. The requested setback reduction will not be injurious to the public health, safety, morals, or general welfare of the community. Two, the use and value of the area adjacent to the property included

in the variance will not be affected in a substantially adverse manner because Burger King's parking lot is located 5 feet from their shared lot line and the proposed car wash building will maintain a 10-ft setback from the same line supplemented by landscaping to provide additional buffering. The use and value of the property adjacent to the variance request will not be affected in a substantially adverse manner. Three, the strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought. Due to the terms of the zoning ordinance, the petitioner cannot maintain the necessary distances required for vehicles to safely enter and exit the car wash. Meeting the mandated stacking requirements, providing adequate circulation for entry and exit, and accommodating parking spaces for vehicle vacuuming cannot be achieved under the strict application of the current setback standards. As a result, enforcing the ordinance as written would create unnecessary hardship, and the proposed car wash could not be reasonably placed on these three lots without the request of variance. The recommendation from staff is that the standard variance should be passed subject to the findings of fact in the staff report.

Thank you, Alicia. At this time, we will open discussion to the public. Any questions from the public? Hearing none, I will close discussion for the public. Moving forward, I will open discussion for the board. How close when you move that? Which direction you're going to move it to the east? Next, I think you move you're moving set Burger King over instead. They're going to move everything to the east towards the ditch. Correct. We're going to build the building 10 foot from the property line instead of on the west on the east side. If we move if we do the

That's what I was wondering. Okay. I'm with you now.

10 ft from Burger King, right? Okay.

And it's shown on that plan. What we didn't show on the plan was the uh plans, but They're more than willing to provide. Any other comments or questions? All right, we'll go ahead and close the discussion for the board. I will now take a motion. Make a motion.

I'll second. I'll second it.

We have a first and a second. Roll call, please. Mike Nichols. Hi. Payne. Hi. Isaac Chavez. I standard variance passes. Moving forward, do we have any old business or anything we should look ahead of?

All right, hearing none. Motion to adjurnn. Before we adjourn, I'd like to ask to get my bond see about posting meetings at the site for There will be discussion like the county does. They take a sign out and put it in the yard announcing to the public that we're going to have a EA hearing on this property. Okay. Are they going to work for you guys? Because what happens? Hey, no problem. Congratulations. Sure. Sure. The only place they put it down, I think, is in the paper.

Yes. Uh we're not. So the APC is required to put the um the signs out and they're supposed to do it not just at the location but at like intersections that are close to the location of the the discussion. We're not required by state law to do that, but we certainly could do that as an extra measure um at the location uh of of you know where the discussion is going to take place. Yeah. Yeah, we certainly could do that. There's nothing legally requiring us to do it, but it's always better to have more information than less. So, I would be fine with that. I will reach out to Don and see if we can get that accomplished for the next hearing.

Thank you. Nice. Thank you, Sam. Any other business? Hearing none, take a motion to adjurnn. I'll make that motion. I will second. All in favor? I I second you all. No problem. Thanks for coming in. Thank you for being here, Lisa. Absolutely.