Commissioners Table Tippy Rezoning Request
July 28, 2016 at 4:25 p.m.
By Tim [email protected]
If approved by the commissioners, the rezoning would make way for a restaurant to be established on the property, which is currently the site of a marina and snack bar, Pie-Eyed Petey's. Attorney Richard Helm, representing petitioner corporate entity RoyBar, said the owners plan to run the marina and expand the snack bar into a restaurant. The request came with an Area Plan Commission recommendation that the commissioners approve it.[[In-content Ad]]If the commissioners approve the rezoning request, the property owners will still be required to secure an exception from the Board of Zoning Appeals to allow two uses on one piece of property or to expand a non-conforming use, in this case, a commercial business on a residential property.
About 50 area residents attended the meeting in support of the request. Several residents also spoke out against the request. Attorney Jack Birch, representing area residents opposed to the request, told the commissioners his clients are not concerned about a restaurant opening on the site.
"The problem is a commercial zoning opens up the use of the land for other commercial things," Birch said.
Birch suggested the property owners leave their property zoned residential and go straight to the BZA for an exception to expand the snack bar into a restaurant.
"That way, it just doesn't open the door to increased non-conforming use," said Birch.
Another concern, Birch said, is that a commercial zoning makes the property eligible for a liquor license.
Previously, he held talks with Helm over voluntary restrictions the property owners may be willing to make on the use of the property.
"We asked, 'Would you agree to no liquor license?'," Birch said. "They were not willing to commit to that at that time. That tells us that Pie-Eyed Petey's is going to become a bar."
Dan Drook lives near the marina. Drook said he is concerned that the area roads aren't enough to support the traffic increase that would come with a restaurant.
Jinny Hunley, another local resident, said the marina property does not have enough parking space available to support a restaurant, and said she worried the restaurant would turn into a bar.
"It's just a small residential area," she said.
Helm said, even with a commercial zoning, most commercial developments that would have a negative impact on neighboring property owners would not be possible because of the location and size of the land.
Commissioner Bob Conley made a motion to approve the rezoning request. Conley's motion died for lack of a second. Commissioner Brad Jackson said he was not comfortable approving the rezoning. He said he had received numerous messages stating the concern of local residents.
"The biggest concern is a lot of activity, especially late at night and alcohol," Jackson said.
He told Helm and Birch to try to work out a compromise and return to the commissioners at 9:30 a.m. March 18.
"Somewhere in the middle, there's probably a good compromise," Jackson said. "I would like you guys to see if you can find some common ground."
In other news, the commissioners elected Conley as president of the board of finance and Kent Adams as secretary. The commissioners also approved an interlocal agreement with Marshall County in which the two counties will update their geographic information systems' photography simultaneously. The deal will save Kosciusko County $4,000, County Administrator Ron Robinson said.
Commissioner Ron Truex was absent from Tuesday's meeting.
If approved by the commissioners, the rezoning would make way for a restaurant to be established on the property, which is currently the site of a marina and snack bar, Pie-Eyed Petey's. Attorney Richard Helm, representing petitioner corporate entity RoyBar, said the owners plan to run the marina and expand the snack bar into a restaurant. The request came with an Area Plan Commission recommendation that the commissioners approve it.[[In-content Ad]]If the commissioners approve the rezoning request, the property owners will still be required to secure an exception from the Board of Zoning Appeals to allow two uses on one piece of property or to expand a non-conforming use, in this case, a commercial business on a residential property.
About 50 area residents attended the meeting in support of the request. Several residents also spoke out against the request. Attorney Jack Birch, representing area residents opposed to the request, told the commissioners his clients are not concerned about a restaurant opening on the site.
"The problem is a commercial zoning opens up the use of the land for other commercial things," Birch said.
Birch suggested the property owners leave their property zoned residential and go straight to the BZA for an exception to expand the snack bar into a restaurant.
"That way, it just doesn't open the door to increased non-conforming use," said Birch.
Another concern, Birch said, is that a commercial zoning makes the property eligible for a liquor license.
Previously, he held talks with Helm over voluntary restrictions the property owners may be willing to make on the use of the property.
"We asked, 'Would you agree to no liquor license?'," Birch said. "They were not willing to commit to that at that time. That tells us that Pie-Eyed Petey's is going to become a bar."
Dan Drook lives near the marina. Drook said he is concerned that the area roads aren't enough to support the traffic increase that would come with a restaurant.
Jinny Hunley, another local resident, said the marina property does not have enough parking space available to support a restaurant, and said she worried the restaurant would turn into a bar.
"It's just a small residential area," she said.
Helm said, even with a commercial zoning, most commercial developments that would have a negative impact on neighboring property owners would not be possible because of the location and size of the land.
Commissioner Bob Conley made a motion to approve the rezoning request. Conley's motion died for lack of a second. Commissioner Brad Jackson said he was not comfortable approving the rezoning. He said he had received numerous messages stating the concern of local residents.
"The biggest concern is a lot of activity, especially late at night and alcohol," Jackson said.
He told Helm and Birch to try to work out a compromise and return to the commissioners at 9:30 a.m. March 18.
"Somewhere in the middle, there's probably a good compromise," Jackson said. "I would like you guys to see if you can find some common ground."
In other news, the commissioners elected Conley as president of the board of finance and Kent Adams as secretary. The commissioners also approved an interlocal agreement with Marshall County in which the two counties will update their geographic information systems' photography simultaneously. The deal will save Kosciusko County $4,000, County Administrator Ron Robinson said.
Commissioner Ron Truex was absent from Tuesday's meeting.
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