Board of Zoning Appeals - Regular Meeting

To the flag of the United States of America and to the stands, one nation under God, indivisible, with liberty and justice for all. The next business forum. We have three out of five members here at the present time. And I think we've got one more in transit to be here. So, we have a forum. Has everybody had a chance to review the minutes from uh the January 21st meeting? Yes. Yes. Does anyone have any questions or not? I would accept a move to move to approve as presented. I'll move to approve.

Do I have a second? Second. All those in favor, please say I. Thank you very much. Anybody that plans on speaking at tonight's meeting, would they please stand and be sworn in by Randy, please? Yes, you do. You raise your right hand. Do you swear the testimony you give here this evening will be the whole truth will help you God? Yes. Thank you. Be seated. Thank you very much. Old business. Oh, okay. Thank you. Uh any old business?

No, we have no old. We have one item tonight. Special exception to permit a homebased business providing health and wellness service in U section 3.06 own based business and table 2.1 per special exception languages in the residential urban RU zoning district and quarter protection overlay district CPU oD located at 343 West Main Street. Um yes, this is a petition for a special exception for homebased business. Um not a home occupation, homebased business where they will have um a couple of employees and they can have the ins there. Um she um I will actually let Veronica come up and speak and explain exactly what she does so you have a better understanding. Just uh speak clearly into the microphone. State your name and address.

Thank you, Lisa. Hi, I'm Veronica Reese, 343 West Main Street, Danville, Indiana 46122, and I put in for the um special exception because I wanted to be able to take my local business and have a homebased business um in my home. um that is a wellness and vitality business which basically means um that I sit down with clients and talk to them about their health and wellness and um I do mostly weight loss. Um I do uh Botox injections for aesthetics. I also do vitamin supplements and IV therapies as well. Um and then some um peptides. Uh, I work through um Hydrate, which is a a umbrella of physicians that oversees my practice. And I have an area of my home that I'd like to see people in this to the Danville area. Where are you coming from? Previously had this in another location. Um, no. I have a mobile business, so I go and see my home. How is the parking? Um, I have actually the parking behind my home. That's where we park and then just to the east of the home, there's enough to park two cars there. I am actually the only employee. I don't have any additional employees. Um, so I don't anticipate having more than one to two extra vehicles on my property at a time. Did you say in your um in your report that you sent in that you anticipate having employees in the future?

No, I did not. I thought it said you could have up to one or two employees. You can under the under the intention, but I believe under the exception said that I could do that. Thank you. That's correct. How long have you lived there? I actually just moved in January last year.

Continue living there as long as you have business there? Yes, absolutely. It says here are no more than 10 additional vehicles per day with that compliance. Um, again, that was just what was under the special provision, but not what I'm expect. That's what they're permitted under the under the homebased business continued vehicles for an instru what's going to be happening possibly,

right? I'm just basically saying that she acknowledges those rules and will adhere to those. Are you going to continue business as well? Yes, I will.

Thank you very much. Thank you. Thank you, Lisa. At this time, I'll open up to the public. Is anyone here that wants to make any comments on tonight's meeting? Yeah, I have a question. Okay. If you uh if you if you need to have you sworn in and come forward, please. You swear to that the testimony you get here is the whole truth. So, help me God. Yes. Thank you. I have two questions. Can you please state your name and your address, please? Cross, 348 West Marian Street. My first question is uh if that business goes away, is this now open to any kind of business to come into the facility? No, I believe

no. So, this is this is a specific special exception for a specific person. It does not run with the land. Okay. It runs with that person. Uh second thing, uh there's no parking on that street. So, overflow parking would come to the front of my house and I don't have a driveway or a garage. And so I have to park on that street and that's the only place I have to park. I can't park on Morgan and I don't have a driveway or a garage. So that's my only concern. If there is overflow parking, where am I going to park? Those are my two questions.

I went by Well, I went by the property. I'm familiar with that property as you know because we renovated that house on the corner there several years ago and it looks like she has a lot of space for parking. Yeah, I was going to say her the parking is going to be at the rear of her property. She doesn't anticipate any parking on the street. There's no access off of Main Street. So, she has an area in the back and her the back. Yeah, it's Finston. I mean, there's that's I responded there's overflow outside of that Finston area. There's no parking. Well, they're going to be limited to the number of people that can be outside at any given time.

That was one of your questions. Thank you. We if we answer your questions. Thank you very much. Appreciate it. Is there anybody else that would like to speak that wasn't warning we can take care of right now close the public part of the meeting and open it up amongst the members here for discussion or entertain a motion. comments.

I'm sorry, we didn't ask about the signage that was part of this. Can I ask you to I'm sorry. I'm just reading in here that you're requesting um signage. What What exactly are you requesting as far as that goes? Yes, I spoke with Lisa about those pretty extensively. Um, we wanted to find something that would be aesthetically pleasing um with the area. So, it would be a um at most two foot diameter hanging sign that would come off of my awning um right in the front of the home. Okay. Thank you. I'm sorry. No problem. Thank you. And that won't be approved by the town correctly. So,

yeah, they she'll have to get it permitted. That is stated in the letter. And I do believe that I put maybe a copy of a sketch. Let me look here and see. I thought there was a sketch that I included in your packet. Kind of a just a you know.

Yeah, hanging signs are permitted in the residential districts with certain square footage and she will be required to get a permit to ensure that she's complying with that requirement. Any other questions? Okay. Do you have any? You said you renovated a house by the area was one neighbor. I mean, can we ask do you feel like your questions were satisfied to your I mean, are you satisfied with the questions?

Yeah, I was ask isn't that a historical district? You need to come back up to the microphone if you're going to speak. I have no questions. Okay.

I mean, I think the sign will be approved within the town ordinances and stuff like that. So, I don't think that'll be a concern to be honest with you. They'll make sure that happens correctly. I move that we approve special exception petition 2026-2280 sought by Veronica Renee Ree to allow a homebased business in an urban residential district and corridor protection overlay district as required by section 3.06 06 homebased business and table 2.1 permitted and special exception uses of the unified development ordinance on property located at 343 West Main West Main West Main Street as having satisfied the requirements for special exceptions under section three of the Danville Unified Development Ordinance with the following reasons. special exception is listed in the specific zoning district involved. The special special exception will not be detrimental or endanger the public's health, safety, morals, comfort, or general welfare for the reasons stated in the petitioner's proposed findings. In fact, a specialist exception will not the injurious use of enjoyment of other property in the immediate vicinity for the purposes already substantially diminish and impair property values within the neighborhood for the reason statement proposed bindings of fact and the special exception will be served adequately by essential public facilities and services such as highway streets and fire protection drainage structures refuge and flows of water and sewer and schools are the persons or agencies responsible for the establishment proposed. You shall be able to provide adequately any such services for the reason stated in the petitioner's proposed violence act. The special exception will not create excessive additional requirements at public expense for public facilities and services nor detrimental to the economic

welfare of the community or result in the destruction, loss or damage of a natural scenic or historic feature of major importance for the reasons stated in the petitioner's findings of fact. We have a motion. Do we have a second? Second. All those in favor say I. I.

Is therefore the decision of this body that the special exception is approved subject to the conditions made part of the adopted motion. Thank you very much. I appreciate it. Yeah, we have other visits we want to discuss. Yes, please.

So, at the at the last meeting there was a use variance that was considered by the board and there were two motions made. There was a motion to deny and that failed for lack of majority. And there was a motion to approve and that motion failed to lack of an affirmative order. To take official action, this board must have an affirmative vote majority, which is three. So, as things stand right now, the board hasn't approved that petition and it hasn't denied that petition. the circumstance um created by that scenario. A little short on time so we could have a full dialogue about that but uh your current rules of procedure allow for a continuence if requested by a board member petitioner or per month. It seems prudent in this scenario that the petitioner could refile the petition um if it were were her choice to do that and it could be reheard at a at a future meeting potentially in March. Um wanted to raise these issues for your consideration. I've also had some dialogue with Lisa about making some changes to your rules to address scenarios like this going forward. Okay.

And I've left you a copy of the rules of procedure uh for your use. Um but if you go to page four, section five does address um uh action and what happens in the case where you don't have a majority of vote and then it gives different reasons why. Um, I believe that that although there was no decision made, I believe that you were all in order by what happened because nobody requested for this to be continued. However, someone probably should have said, "Let's continue it till we got a majority vote." Um, but I wanted to make sure that you had a copy of that information.

I appreciate that. And I will try to draft something up to make it more clear. Um I did reach out to um I have a list serve uh APA list serve and I did get some information some feedback from some and I may look at other communities to see what they do. Okay. So would the petitioner from last month's meeting need to make a request or did we as a board get a consensus here to offer a continuence for March? Well,

I think our thought process was the petition would be briefed. Notice would be given to all relevant parties. At least I don't speak for you, but perhaps the filing fee would be more scenario. Yeah, I think we we could probably wave the filing fee since I did pay for it. Um, but I think to be to be fair to the public, they should probably send out notices again. Definitely. Definite notice there. down. Okay. So, as a board here, are you good with that?

I think it would be good to wave the fees, but how I did a notice again because it did bring some people in and everything like that. So, entertain a motion from the board here from the case January. I would make that motion that we revisit the case in the March. I think it actually should be to allow them to refile the petition um with the possibility of waving the fees. Okay.

Because it's really not a continuence. I mean it should have been continued at night, you know, most likely. So it it it's actually would be allowing them to wave the rules for filing again because there is like a six month or 12-month waiting period. So that's really what it would be. So would they have time to do it for the March meeting with I mean or is the time frame allow for that March? Let me check. Um I believe the filing deadline is this Friday for the BCA, but I'm not 100% sure on that. So since it's a such a short time frame, they they could be could go till the next period,

right? I think it I think we can make it come up in March. I'm going to have to check to see if not then they don't have to wait till the next filing. So we're not re we're not confining them to just a march or anything. Right. Right. We're basically waving them one year period of time. Right. Right. If if they wish to come back before the the board. Okay. We have a motion as amended by Lisa. Do we have a second? I'll second. All those in favor say I. I. Thank you very much. Thank you. Appreciate the help on that because it was not a good meeting last month and I think it's good to redo it. I do too. I agree. Excellent decision.

Appreciate the help. Do we have a meeting next month other than this one? Possible. Nope. Nothing. I not at this time. All right. At this time, I entertain a motion to adjourn the next meeting. So move. Do I have a second? Second. All those in favor, please say I. Thank you very much.