The Martinsville Board of Zoning Appeals was called to order by Board Attorney Dale Coffey at 6:00 PM on Tuesday, February 22, 2022, in the Council Chambers of City Hall, Martinsville, IN.
ATTENDANCE
Those members present were:
Vice-Chairman Katie Barnard; Secretary Marilyn Siderewicz; and Tom Hacker.
Anna Elliott was absent from the meeting.
Also in attendance:
- Bob Strader, Building Inspector
- Dale Coffey, Board Attorney
APPOINTMENT OF OFFICERS FOR CALENDAR YEAR 2022:
MOTION: Marilyn Siderewicz made a motion to elect Anna Elliott as Chairman. The motion was seconded by Katie Barnard and passed unanimously.
MOTION: Marilyn Siderewicz made a motion to elect Katie Barnard as Vice-Chairman. The motion was seconded by Tom Hacker and passed unanimously.
MOTION: Katie Barnard made a motion to elect Marilyn Siderewicz as Secretary. The motion was seconded by Tom Hacker and passed unanimously.
At this time, Katie Barnard, Vice-Chairman, conducted the meeting.
MINUTES: A motion was made by Tom Hacker to approve the minutes of the October 26, 2021, meeting. This motion was seconded by Katie Barnard and passed unanimously.
NEW BUSINESS:
A. Docket #BZA22002: Use variance request to operate a semi-tractor and trailer sales dealership on a property currently zoned I1-Light Industrial; Address: 420 S SR 30 Bypass. Owner: Ohab A. Fyzal; Michael Ksenak, Attorney for Tim Reynolds.
Attorney Michael Ksenak appeared on behalf of M&M Real Properties, LLC. Mr. Ksenak stated that his client was asking for a Use Variance on property previously used as a tire and automotive center under the name of Zoom Tire and Auto. He is requesting to open up a dealership in the existing building for the sale of semi-tractor and trailers.
Mr. Ksenak further stated that this would not be a truck stop. There would be very few people in the small building. This would be used for the staging of sales.
Attorney Coffey said the project requires a variance because it technically falls under commercial use.
The Findings of Fact were read by Attorney Dale Coffey. They meet statutory framework.
REMONSTRATORS:
Mike Brandenburg. Mr. Brandenburg is a neighbor who lives across from State Road 39. He was concerned about the property values.
Mr. Ksenak stated that the nature of the business limits the number of people in and out of the business.
MOTION: Tom Hacker made a motion to approve the use variance request to operate a semi-tractor and trailer sales dealership on a property currently zoned L1, Light Industrial, address 420 S. SR 39 Bypass. Owner, Ohab A. Fyzal. The motion was seconded by Marilyn Siderewicz and passed unanimously.
B. Docket #BZA22003: Development Standards Variance request to reduce the front yard from 40 feet to 1 foot and reduce the side yard from 20 feet to 1 foot: address 595 Commercial Drive: Owner: Storage Express Holdings LLC: Tom Clark, Vice-President, Storage Express.
The Storage Express Holdings LLC were requesting to add 18 movable storage buildings to the site on Industrial Drive in southeast Martinsville.
Bob Strader, Building Inspector, said he had checked the property on November 16, 2021, and building on the project had been started. No building permit had been issued.
Martinsville Fire Marshall, Charlie Fraker, was present and said he had been called to two separate storage fires in the past year with significant losses. He further stated that the developer’s plans would have placed storage units one foot away from an adjoining property line, putting a neighboring garage at risk should a fire break out.
Board Attorney Dale Coffey read the Findings of Facts.
MOTION: Tom Hacker made a motion to deny the Development Standards Variance to reduce the front yard from 40 ft. to 1 ft. and reduce the side yard from 20 ft. to 1 ft. at 595 Commercial Drive as requested by the Storage Express Holdings LLC: Tom Clark, Vice-President, Storage Express. The motion was seconded by Marilyn Siderewicz and passed unanimously.
OTHER BUSINESS: None.
NEXT SCHEDULED MEETING: The next regularly scheduled meeting of the Martinsville Board of Zoning Appeals will be Tuesday, March 22, 2022, at 6:00 PM.
ADJOURNMENT: There being no further business, the meeting adjourned with a motion made, seconded, and passed unanimously.
