Plan Commission - Regular Meeting

Are we live, Alex? Good evening. Time to call to order the Board of Zoning Appeals, Franklin, Indiana. It's July the 2nd, 2025, 6 p.m. Uh, first thing on the agenda tonight is roll call. Mr. Nally here. Mr. Gr here. Mr. Kempky is absent. Mr. Actton here and chairman Bill Carson is also here. Also with us we have city attorney Lynn Gray and we have Alex with us from planning department as senior planner. Next up will be approval of minutes. Do we have any omissions, errors or edits to make? Since Since Julie's gone, I guess this will be the last time I put it on the public record, but she did a great job of catching all our ums and a's and in between. So, she's now retired, but I I reviewed them for your benefit and I found no no changes or corrections. No changes. I entertain a motion. I'll make a motion to approve the BZA minutes for May 7th, 2025. Second. Motion made and second. All in favor? I I motion approved. Next up is swearing in. Anyone who plans to speak either for or against or to present tonight, uh, please stand and be sworn in. We'll do everyone at once here. So, it'll save time later in the evening. So, we'll get everybody at once. Go ahead and stand up and I'll swear you swear. Adam Lyn, it it's free. Yeah, I will. You call me swear affirming a testimony tonight. Be the truth, the whole truth, and that the truth you got. Thank you, folks. Thank you. Any old business, Alex? Uh, no sir. No old business. Okay. Ready for some new business? I see ZB 25-3, a variance for Rob and Amy Richardson. Ready for an overview from you? Yes,

sir. Let's pull it up real quick. Presented in a timely manner. Yes, sir. It was um ZB25-3 is a developmental standards or two developmental standards variance requests uh by Rob and Amy Richardson at 201 North Main Street. Uh the subject property is located at the northeast corner of Main Street and King Street, just a few blocks away from here. Uh residential property, single family. Um just zooming in here if we want to look at it a little bit closer. Um some notes about uh the project here tonight. Uh they're petitioners are planning a whole home remodel uh including two additions to the home. Uh there would be a addition kind of on the south end of the home. Uh that would involve a kitchen and a primary bedroom suite um enlargement if you will I guess. Um and then on the north end of the home would be a twocar garage that would be added on. um an existing singlecar carport that's attached to the the home now would be removed and the two-car garage would be added uh along with a home office on the second uh story of the of that addition. Um the property is considered to be a corner lot as such it has two uh sideyards uh in the sideyard setback for this zoning district is 5 ft. The current house, as we'll see uh later on when we get to the site plans, is considered to be legal non-conforming in terms of the sideyard setback along the east side of the property. Um the legal non-conforming means that it can continue to be where it's currently located. It could even be uh additions could also be permitted uh as long as it doesn't increase the nonconformity. Uh in this case um the house and the

property line to the east are not actually parallel to each other. Uh the house has a slight uh angle toward the property line as it goes from the north to the south. So therefore any addition to the south along that same foundation line technically makes it closer to the property line and increases the nonconformity. Uh so in this case for that south edition uh they're requesting to encroach into that uh five foot sideyard setback by 3.2 feet. Um so that would be toward the east property line, but that's for that south edition uh as we're calling it. Um and then the north edition uh for the garage and the office space uh is not currently legal non-conforming to the north um but due to the size of the property uh and the configuration of the property and being able to to locate a twocar garage in that that area. They are requesting to encroach into that sideyard setback by 3.3 feet or have a a minimum setback of 1.7 feet. Uh so uh the property is zoned RTN for residential traditional neighborhood. Uh and the comprehensive plan calls for this area to be core residential uses. Um excuse me. Whoops. Um the actual details of the request um the two variances, the first being to allow an encroachment of 3.2 feet into the minimum sideyard setback where 5T is required. That's for the south edition. And then the second one to allow an encroachment of 3.3 feet into the minimum sideyard setback where 5T is required for the north edition. Um the petitioners have provided their own statement of intent um explaining their desires here. Uh it is available on your online agenda there if you wanted to read through it. Uh was provided before the meeting as well.

uh they have also provided uh building elevations and building plans showing the the proposed work to be done. I just have them pulled up here for reference. Uh they have also provided site plans um including survey work that was done indicating how close these additions would be. The site plan on the left, obviously difficult to read here, but you can you can zoom in on the iPads if you need to on those is uh showing the south edition and the one on the right is showing the north edition. Um otherwise this request is ready to be heard. Thank you, Alex. Uh who speaks for CB 25-3 guys. Okay, if you would come to the podium here and sign in there While Amy signing in, just to assist anybody who's making presentations tonight, but I think you probably already know. As you know, there are three criteria for developmental standards that this board has to review your request based upon. And if you can just touch upon those as part of the record, then we'll have the record and you can certainly include your statement of intent as part of that explanation as to what you're doing. So, generally speaking, people tell us what they're going to do and and why this is necessary or why the request is necessary. Okay. Just tell us who you are and uh we're ready to hear your presentation. Hi everyone. I'm Amy Richardson. I'm Rob

Richardson. Um, we purchased this property about a year and a half ago and we had watched it solidly deteriorate for lots of years and um are planning to do something we said we'd never do, which is remodel a historic home in Franklin. Um we sold our home um in the Center Grove area and um where we had been for 24 years and then the plan is to redo this home. Um with the addition that we're looking at I think what there are three different criteria right Lynn? Yes ma'am. Okay. So, I think the first would be general welfare that it does um not um adversely affect um the public health, safety, morals, and general welfare of the community. In fact, in our mind, we're hoping that it increases um the the community and provides kind of a focal point, bring that house back to its original glory cuz I think everyone that has talked about that home to us at least says that it was a pretty amazing home for lots and lots of years and um we'd love to see it brought back to that. And then um the the adjacent property um I think that Alex touched on the fact that the um Brad Au did the survey and he um did sit and talk to Alex about and Joanna and said 10 years from now you all are going to be looking at this saying these property lines are really really wonky and you're going to remember Brad sat here and said they're really really wonky. Um but he did say that they are not parallel like they should be um on our property line to the

east. And so therefore it our addition does not encroach on the property to the east anymore than the already the existing property line or the existing building lines do. the property line is wonky, but the the actual distance to that next building does not increase at all or decrease at all. And then um I believe that let's see here uh practical difficulty um one of the things for us is um we are utilizing the whole inside of that home um including the third floor which is a pretty cool space. Um but then that um we are hoping to increase the kitchen size on the main level which would require that addition on the southeast corner. The practical difficulty on that um that it would provide with the variance is just that we wouldn't be able to do that. That's and it's it would be I guess it wouldn't be as glorious as the home we're planning. And then on the north side of the property, we um already um well, let me back up a little bit. You may or may not know, but we're business owners in the community and our business is about a block and a half away from this home. And um one of the things that we would really really like to create is um some boundaries um for who knows when we're home and who knows when we're not home type of thing. We would like to have some sense of privacy, as much privacy as you can have in one of the busiest corners in Franklin. But the garage for us helps provide that. That helps us be able to pull our cars in, shut the door, and

it's not like people can see whether we're there or we're not there. Um so with that said on the third um criteria the practical difficulty it does provide um a difficulty for us if we cannot do a garage there. I would say also the adjacent adjacent property to the north is um someone who actually lived in the house at one point and um we are um have developed a relationship with her. In fact, we already maintain her property for her and um mow her grass, take care of all of her her landscaping, all of her things, snow removal, that kind of thing. So, for her um she was going to try to be here, but she had her daughter's her granddaughter's 21st birthday tonight, and but she um has not really she she's all for somebody being in there, and she's all for us being in there. So, I guess do you have have Go ahead. I mean my only thing is that we have a large family. We have six children, eight grandchildren now. And so in utilization of the structure itself, we want to create a lot of space that can house them from a sleeping standpoint and so forth. So with putting the garage in and putting the office above that, it's additional space that we can then utilize the other space inside to house children, grandchildren, and so forth. So, that's really a part of the garage as well is that additional space to be able to accommodate other space inside the house. Okay. Anything else to add? Good question. Thank you. This time we'll open up to public comment. Does anyone in the audience wish to speak either for or against the petition? Alex, did I read the staff report right?

Because there is a legal non-conforming use, the effect is really less than half a foot. Uh legal non-conforming structure. Yeah. Structure. I'm I'm sorry, not use, I'm sorry. So really the variance is on the Yeah. On the south side or the east along the east property line is I think 4 feet that it increases or decreases the setback over that side from where it currently sits. And as as the petitioner brought up as well, um it was mentioned in the staff report, but I didn't mention it earlier. Um the uh survey work that was done by Brad Au, Main Street Consulting also um had located um the corner or the the foundation line of the house to the east and it had also indicated that it was along a very similar angle as their house is. So uh angling away as it goes to the south from that property line. So even with this addition, this addition is not getting closer to that house to the east because they're angled. They're at a similar angle. And Mr. Nally looked at me for those who don't know Amy and Rob's business is main and Madison categor. Okay. This time I'll open it up to questions from the board. Okay. Ready for staff recommendation? Sure. Staff is recommending approval of the petition with the three conditions as outlined in the staff report. Uh those being essentially just tying it down to what the request was that the south setback encroachment is limited to a maximum encroachment of 3.2 ft and the north setback encroachment is limited to a maximum encroachment of 3.3 feet. Uh and then that all applicable federal, state, county, and local permits and approvals are required, including but not limited to compliance with all building, fire, uh and health code. Uh actually, let me amend both of these. I it should say the south edition setback

encroachment and the north edition setback encroachment. And is the petitioner okay with the amendment to those conditions? And do you agree to those conditions? Let the record reflect that the petitioners have agreed to the conditions. Okay, we'll be open up to a motion at this time. I move to approve approve ZB-25-3. We have a motion. Subject to the staff conditions as the conditions as amended. Yes. Thank you. Okay. Motion. Second. Okay. Motion seconded. We'll take a vote. Mr. Nally, yes. Mr. Gr. Yes. Mr. Actton. Yes. And the chair votes yes. Congratulations. Now that the vote's been taken, you're going to need more space to house those cinnamon rolls and cotton rolls that you guys bake out there. Welcome to the neighborhood. Okay, so yours is all wrapped up. If you guys would like to make your way out, now would be the opportune time. But if you'd like to listen to another petition, you're welcome to stay as well. You're welcome to stay. You're welcome to stay. Thank you. Next on the agenda, ZB25-4, we have a special exemption and a variance for Bay Crane Midwest. Alex, ready for an overview? Yes, sir. So ZB25-4 is a special exception and development standards variance request uh by Bay Crane Midwest at 800 Industrial Drive. Uh a couple of quick overview are aerials here to show location of the property. The property is on the far east end of Industrial Drive. Uh I've kind of highlighted here uh with the yellow line just indicating where the that main railroad line lies in in relation to the property that runs along the east east line of that property. It actually has a a spur that goes along that northeast corner and along the north line of the property as well.

Uh just zooming in if we need to look at this later on. It does also have a a water Indian-American water tower on the far east side as well. Um the property is approximately 20 acres uh in size. It's an industrial zone property uh and industrial uh zone used area. Uh it was a former raised trash service location. They had stored their rolloff uh containers and their totes and various other things on the property in the past. Um I'll let petitioner get into the specifics of what this next statement means. Uh but they have listed that there are specialized transportation and logistics planning uh for the implementation of heavy hauling solutions uh is what their business involves along with crane rental services. Um the use itself is a non-listed use in our zoning ordinance land use table. Uh when that is the case, the the planning director has the authority to determine which use it most closely aligns to. Um and then we move forward with whether that use is permitted or special exception or non-permitted. Uh in this case, it was determined that the use the crane equipment sales and and rental use is most similar to farm equipment sales and service use, which is a special exception use in this IG zoning district. So uh because of that they are here for the special exception for that. Uh and then uh additionally as I had already mentioned uh the site is adjacent to that railroad mainline uh and they are requesting a development standards variance to not provide uh opaque fence and and other landscaping screening along that railroad side. Uh, as I mentioned, it's IG for industrial general zoning, and the comprehensive plan calls for this area to be manufacturing. Um, whoops, I didn't get the applicant updated on this one. My apologies. Um

but the uh details are updated uh to the specific request for the special exception is to allow a crane equipment sales and rental use most similar to a farm equipment sales and services use in the IG zoning district and development standards variance to be permitted to provide no fencing or nor landscaping as screening of the outdoor storage area adjacent to the ex railroad mainline sighting. uh petitioner has provided their own statement of intent if you will uh and and calling out of each of the decision criteria for both the special exception and the development standards variance that's available on the agenda for review. Um and they've also provided their site plan here just demonstrating uh graphically where they're proposing to provide the screening and and meet the requirements of the ordinance uh which is the the solid green line uh shows where they would provide the screening. Uh and then the dashed line along the east and northeast uh curve there would be the areas that they're actually requesting that development standards variance to not provide the opaque screening nor the landscaping that's required for the outdoor storage area. Um otherwise uh the request is ready to be heard. Uh we have the decision criteria here if we need to review them um for both special exception and development standards variance. Thank you Alex. And then Greg I can pull up your slideshow. Thank you. You guys speak for uh Crane? I am. Thank you. Um Greg Elco, uh Crossroad Engineers, 115 North 17th Avenue, Beach Grove, Indiana 46107. And just real quickly, point of order, Miss Gray. Um is there going to be two separate motions? No, there'll be two separate correct. So I'll I'll start with the decision same criteria. Do you want me to read both decision criteria for special exception and then variance or wait until I don't want to count my

chickens? Yeah. No, do it all one time and then if we have a question since I seem to know everybody in the audience. Fair enough. Then we'll be able to address it if we need to. Okay. So, yeah. So I I have with me uh Michael Weir who's the director of uh commercial project development with TNW design build uh crossroad and TNW pending a uh hopeful successful hearing uh this afternoon uh will be the design and build team uh for the project. I also behind me have uh Mr. Brian Gibson who's the president of Bay Crane Midwest and I'd just like to offer him the microphone here for a few minutes to give a little bit of background about Bay Crane Midwest itself. you want to go to the next slide. Hi, my name is Brian Gibson. I'm president of Bay Crane Midwest. Uh it's a familyowned company. Uh it's been around about 75 years. Originated in New York City. Um I ran a company over in Ohio called Capital City Group. Um was acquired by that company several years ago and I run the Midwest Group which consists of about 13 branches. And roughly just in the Midwest alone, we're about a thousand employees. Um, we've opened a branch over in the Indianapolis market uh about a year and a half ago and we're looking to put a place of our own instead of renting from somewhere else. Um, this was uh imperative for us to bring in to this area. We we bring a lot of uh equipment in for customers. We hold it, we store it, and then we ship it out to job sites for them and set it for them. You want to go to the next slide just kind of Sure. Um, yeah. I guess that's the purpose. We we're going to receive customers equipment as long as well as our own equipment we're going to store there as well. Um and then ship to site and then work on the site and then we'll return back our equipment to the site if not or if it goes to another job site. It's not always coming back to

the yard. Um we're roughly going to have around 100 employees uh that will be staffed out of there. I do have employees that live down in this area. That was one of the reasons why we kind of look down this way. We've got large group of our workforce is down lives in this this part of town. Um but typically we'll have more than no more than 35 people on site on a on a given day. Um most of our clients are HVAC and utility companies. We do a lot of work for like Duke Power A um and Lily and some of those other ones. Um we're going to be doing maintenance of our construction equipment there in the facility. We're also going to be doing some indoor storage and some outdoor storage of equipment. Typical hours are Monday through Friday from 7:00 a.m. to 5:00 pm. Um, and as far as materials used, um, it's all just standard materials for routine maintenance and general office operations. No hazardous materials are kept on site. Um, like I said before, we we're uh receiving customers equipment. We're going to temporarily store it and then ship it to uh to those sites. And as far as uh normal trash with standard waste management pickup and really nothing else other than that. All right. If you go to the next one y thank you very much. Um so so with that obviously the intent and uh Alex touched on it in his introduction is to allow for the crane equipment sales and rentals which isn't a defined use within the ZO. So, uh, most similar is the, uh, farm sales and service, which isn't allowed, which is allowed by special exception, uh, within the current zoning of the dis current zoning district of the property. Uh, just real quickly for your benefit, the uh, vicinity map. We're on the uh, kind of the north side of the city of Franklin uh, on the uh, east side of 31 uh, just north of Commerce Drive. If you want to go to the location map, kind of zooms in on the

property. Uh it is uh at the far east end of the culde-sac of Industrial Drive. Um and it's uh the address of the property is 800 Industrial Drive and it is 20.4 acres. Next slide. Uh the surrounding zoning as indicated in the staff report if you saw that uh basically IG all around us um do have some MXC there on the west side of 31 but uh we've adjacent to unincorporated Johnson County parcels that are uh zoned heavy commercial to the east there. Next slide. Uh per the comprehensive plan, Alex touched on this as well. It is uh that that color purple where the star is uh is manufacturing and we've got manufacturing all the way around us. Um and uh the manufacturing are areas intended to accommodate the large-scale businesses. Um going to uh cutting to the chase uh it includes facilities that that include outdoor storage materials and finished products which which falls into in line with what the proposed use is. Um we do have light industrial the little lighter colored pink um is identified on the long-term land use plan that I'm showing here. uh and that light industrial um use uh is identified in the comprehensive plan uh to be in close proximity with manufacturing areas. So uh just we we are conforming with the uh the comprehensive plan um by the means by what you can see on the map here. Next slide. Um so that all entails obviously the special exception uh for the use of the of the property itself. And then the development standards variance uh of article 7 chapter 17 is buffering and screening um as uh identified on the uh the aerial photo. You can see the railroad the mainline railroad running uh north south uh about the east side of the property. North is up on that on that photograph. Uh and then there is

the the siding that actually cuts the uh northeast corner of the property. Um so the the use or the the standards variance that we're requesting would be to eliminate the buffering and screening, the landscaping and the opaque fencing. Uh that would typically be required about the the north and east side adjacent to the railroad infrastructure. uh the solid green line that you're seeing there uh that would be um fencing per and screening uh per chapter 7 uh or article 7 chapter 17. Um and then as far as the decision criteria, if you want to go next slide. Uh for the general welfare uh the approval will not be injurious to the public health, safety, morals of the general welfare of the community. Uh as the proposed use on the subject property is consistent with the existing uses uh within the surrounding industrial development. Uh the development standards uh the requirements and development standards of the requested use as prescribed by the zoning ordinance will be met uh with the exception of the variance that we that we discussed. Uh the ordinance intent granting the special exception will not be contrary to the general purpose served by this ordinance and will not permanently injure um other property or uses in the same zoning district and vicinity because the proposed use again is similar to those within the area. And then the comprehensive plan as we just looked at the the land use map. Uh it will be consistent with the character of the zoning district um in which it is located. Um and the Franklin comprehensive plan is and it is compatible with permitted uses adjacent to the subject property and the comprehensive plan identifies this area as the industrial use manufacturing use specifically. Um and then the decision criteria if you want to go to the second to last slide there on the development standards uh the general welfare general welfare the approval will not be injurious to the health safety morals and general welfare of the community as

the proposed storage area uh that requires screening is adjacent to existing railroad and mainline sighting. Uh the lack of fencing and landscaping adjacent adjacent to the railroad will have no negative impact to the community. Um all other development standards related to the storage area uh will be met. And then adjacent properties, the use and value of the area adjacent to the properties included in the variance will not be affected in a substantially adverse manner as the eastern adjoiner is a railroad ride ofway and the east of that is property zoned heavy commercial. Uh as we identified on the zoning map, uh the property to the north is also zoned IG with truckloading docks that are north of the railroad sighting then enters into the subject property. Uh the existing and anticipated uses are consistent with the proposed use on the subject property. And then practical difficulty as far as the strict application of the terms of the ordinance result in a diff will result in a practical difficulty um with due to the fact that the intent of the buffering and screening. It's to lessen potential conflicts between uses. Uh the applicability here is is questionable if not negated due to the existence of the railroad main the railroad mainline and sighting. Um and uh no no need for any potential conflicts of the adjoining northern and eastern properties. So last slide is simply uh if you have any questions or answers uh or I'll provide the answers if you have any questions uh Mr. Gibson or I will be happy to entertain. Thank you. Take a breath. Yeah, there's a lot of stuff. Want to get through this. Okay, this time we'll open up to public comment. Is anyone in the audience wishing to speak either for or against the petition? Seeing none, we'll go to the board then. Any questions, comments from the board.

Seeing none, we'll go to Alex then ready for uh recommendation. Okay, move right along here. Okay. Uh staff is recommending approval as outlined in the staff report uh for the special exception use uh with conditions A through G. Uh condition A being that special exception approval for a crane equipment sales and rentals rental use runs with the petitioner at the subject property. Uh B that a minimum of 35 off- streetet parking spaces are required to be provided for employees. Uh, a minimum of one off- streetet parking space is required to be provided for each employee on site during the largest shift and for each business vehicle stored on site. Uh, D that adequate and appropriately sized parking and storage spaces must be provided within an enclosed storage area for all cranes, tractors, and tractor trailers stored on site. Uh, E, handicap accessible parking spaces are required in accordance with article 7, chapter 10 in the zoning ordinance. uh and they shall only apply based on the number of employee parking spaces required. Uh F that site development plan review and approval is required prior to construction and use of the outdoor storage area. And then G kind of our boiler plate that all applicable federal, state, county, and local permits and approvals are required including but not limited to site development plan review and compliance with all building, fire, and health codes. Would you like the recommendation for development standards now or should we start with special exception? We can just do the special exception if you want. I just wanted to allow Greg to do the whole presentation at once, but we're going to take separate votes just special exception first. So, no changes to those conditions. No changes. Okay. And do the petitioners agree to the petitions as they are? No issues. Okay. Let the record show that they have agreed to the uh conditions as listed in the staff report.

So, we'll move forward. Uh we'll accept a nomination or a uh recommendation. Now a motion. I move to accept case ZB-25-4. Subject to the conditions outlined. Subject to the conditions outlined. That's for the special exception, right? Correct. Okay. Do I have a second? I'll second. Okay. We'll proceed to a vote then. Mr. Mr. Ni. Uh, yes. Mr. Gruce, yes. Mr. Actton, yes. And the chair votes yes. Questions approved. Let's move on then uh to your variance. What is the staff recommendation, Alex? Staff is recommending approval with conditions as outlined in the staff report. Uh condition A uh being that approval to not screen a portion of the outdoor storage area is limited to the north and east sides along the railroad mainline sighting only. The remaining boundary of the outdoor storage area must be screened in compliance with article 7 chapter 17 uh buffering and screening standards. And then condition B that site development plan review and approval is required prior to construction and use of the outdoor storage area. Okay. And do the petitioners agree to the conditions as listed in the staff report? Okay, I'll entertain a motion. So move provided all the conditions are met. Second. Okay, we will vote then. Mr. Nally, yes. Mr. Gr, yes. Mr. Actton, yes. And the chair votes yes. Congratulations. Thank you very much. Thanks, Greg. Thank you. always appreciate your concise presentation. Alex, do we have any other business today? No, sir. No other business. Okay.

The last thing I'll say is uh thank you to the staff for an excellent report and excellent uh support of our meeting tonight. Thank you very much. I will entertain a motion to adjurnn. Motion to adjurnn. Second. Uh all in favor? I. All oppose stay. Well, welcome to Franklin. Glad you're here.