Board of Zoning Appeals - Regular Meeting

I'll call this March 10th, 2026 board of zoning appeals meeting to order. We'll start with the pledge of allegiance to the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all.

David roll Mark Danielson here. Vicky Gushowski here. Nate LS here. Pete Saunders here. Brian Cer here. Five present. Um approval of minutes from January 13th. I'll make a motion to approve. I'll second. Motion second. All in favor? I. Item number five, special exemption. Uh will the petitioner please step forward? Say your name and address for Hello, Taylor O'Harren. Um the business address is 1700 Lincolnway Sweet 7.

And uh summary of the petition. Uh we're just requesting approval for a zoning exemption. Uh it falls under arcade. Uh it's not really an arcade. It's called a VR lounge. Uh it'll be used uh six to eight VR headsets that they'll be wearing. There's no big machinery like an arcade. There's not a lot of big noises like an arcade, but basically you pay per play. Uh roughly 30 minutes. Uh it's all online booking, appointment only. You'll come in, you'll book, you'll play your game. Uh and it's really doing well in Marville right now and Michigan City just started. So, uh I think it's a trend we'll see all over the place.

Thank you. Uh this point I'll open up for public comment and no public comment. I'll close. David, give us staff report.

Yeah. So item number five, special exception use 26-01 petitions to allow amusement arcade establishment virtual reality um use um gaming facility. Um this property is located within an existing um building on the site um multi-tenant building and parking lot that is shared facility between the uses. Um this is required for a special exception review. Um there are no additional use requirements that apply to amusement arcade establishments um of which this is classified as that under the definition. Um so just going briefly through kind of the decision criteria. I'm not going to read the whole um element of that but just go through each individual one um the title only uh if that's all right. um general welfare. Um this will not be interest to the public health, safety and general welfare of the community because the surrounding area is commercial use in retail businesses. Um and is located within a shared parking for the building of which is to be served um and so it will meet the applicable codes and ordinances um for the proposed use. two, surrounding property. Um, the special exception used to allow virtual reality gaming facility inside the existing building will not be injurous to the use and enjoyment of other property um because most of the area is commercial business, retail, restaurants um and the like. Three, hazard hazardous to adjacent property. The special exception use does not involve any uses, activities, materials or equipment that will be detrimental to health, safety or general welfare of persons or property in the surrounding area. Four, public facilities and services. Um the existing site is served by existing roads, sewer and water um facilities as well for the proposed use. Um five development requirements. Um I mentioned that u

basically this will be uh consistent with the development requirements because the use is similar to a lot of the retail restaurant uses that are already allowed within the B2 general commercial district of which this property is zoned. Six, ordinance intent. Um, more along the same lines of what I just mentioned, um, will not permanently injure any of the the uses in the surrounding area or the B2 general commercial district, commercial businesses, and office buildings and restaurants um, around the site. Seven, the county land development plan. The proposed use will be consistent with the character of the B2 general commercial zoning district in which it is located in the goals and policies of the countywide land development plan. Um use regulations. I already mentioned that there are none. So staff does find that the approval of special exception use petition to allow amusement arcade establishment, virtual reality gaming facility is consistent with the countywide comprehensive land development plan and the general character of the surrounding commercial retail stores, restaurants, office buildings, and residential dwellings within the surrounding area. So staff recommends approval of special exception use petition 26-01. And I'll answer any questions.

Thank you. Any questions? You want to make a motion? I'll make a motion to approve. Second. Motion and a second. All in favor? I motion passes. Um, old business, new business, other business or adjournment. I make a motion to adjourn.

Seconded. Motion to second. All in favor? I. version.