[{"_1":2,"_111":-5,"_112":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87,99],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",5996046,"mediaKeyId","5854839-d59e702c7968449428d9dc34ae1e6556","parentId",5854839,"title","Board allows expanded parking but denies other setbacks and drive‑through variances for proposed Chick‑fil‑A at W. Third & Kimball","audioSeconds",6490,"startMs",3224000,"endMs",9714000,"viewUrl","/Search/View?dp=1&key=5854839-d59e702c7968449428d9dc34ae1e6556&start=3224&end=9714","thumbnailUrl","https://assets.pipeline.soar.com/5854839-d59e702c7968449428d9dc34ae1e6556/thumbnail_3224000.jpg","articleUrl","/articles/5996046/Bloomington-City/Monroe-County/Indiana/Board-allows-expanded-parking-but-denies-other-setbacks-and-drivethrough-variances-for-proposed-ChickfilA-at-W-Third-Kimball","mediaUrl","https://secure.pipeline.soar.com/5996046-357456e78be54703a87a85f16cb76136/orig.mp4?Expires=1771000934&Signature=YkfgD7MSbu1bbvoQyU0vdzspdnO5lLWQWSERuGkMrXjnzXo--YVmdSWYE~nJFxoiBzMlPwNX9m43tLAKOD6H91VDXcH6NxUkzgY~0VqUr~VTB8iutPNIYyN2wGGoV6KycIUte64brgikl7Nc8b3RO1IGOxNSrYWwHsjWz1Uls4rrYpAS9SE~8VN6rb3CCKgQEw7ByOELbMH8jloM~VZY2CSuEaFZUYqTMC38aU8UeqN05BgAMgCBLipQvnsIv1r~EXd6pq9fUXlLD3cUxYnRPO6tP327hTmQxyP~dSDnHTDquKlQyYNsB1i-bdqgiJoSSePW4TcvrIL6Xz1Hfx4E3g__&Key-Pair-Id=KUT5TJCACFTXG","author","City Council of Bloomington, IN","date","2025-04-25T19:13:50Z","article","The Bloomington Board of Zoning Appeals on April 24 approved a variance allowing a greater-than-code number of parking spaces for a proposed Chick‑fil‑A at the northwest corner of West Third Street and Kimball Drive, but denied a suite of other variances that would have allowed parking and drive-through lanes between the building and the street and permitted a front‑facing refuse enclosure.

Staff presented the petition from Don Cowden Foundation/Chick‑fil‑A, which requested six variances for a two-parcel site inside the city jurisdiction (a third adjacent parcel sits in Monroe County and is not part of the city review). After additional site work following a March hearing — including the addition of permeable pavers and a proposed 3½-foot screening knee wall along the drive-through edges — staff recommended approval only of a variance for the maximum number of parking spaces and denial of variances for: front parking setback, drive-through lanes between building and street, accessory-structure/front canopy setback, minimum landscaped area, and refuse/loading location.

Brian Kaiser (civil engineer, Kimley‑Horn) and Sean Walker (development lead, online) represented the petitioners and argued the site’s irregular shape, internal landscape setbacks and a split jurisdiction with an adjacent county parcel create practical difficulties. The team reiterated that permeable pavers were added to reduce impervious coverage and proposed a masonry screened enclosure plus plantings for the dumpster rather than placing refuse at the rear adjacent to mobile-home yards. They also presented comparative site plans showing the petitioner’s East Side Chick‑fil‑A and explained why a mirrored layout would not fit the Kimball/Third corner given required curb-cut placements and internal landscape setbacks.

Staff and several board members questioned whether the requested drive‑through/parking layout was an inherent property hardship or a function of the use’s operational needs. Staff noted the UDO promotes building-forward site design and discourages drive-throughs and parking between buildings and streets in the corridor; it found that the drive-through and front parking would injure public health, safety and the visual streetscape the UDO intends to protect. The board heard a public comment in support of the project from Eric Spoonmore, president of the Bloomington Chamber of Commerce, who urged approval for economic-development reasons.

After deliberation the board voted to approve the variance for maximum parking spaces subject to three conditions: approvals limited to this use/location (39 spaces), all spaces above the UDO maximum must be constructed with permeable pavers, and site plan approval is required before permits issue. The board denied the other requested variances. The motion passed on roll call (Ballard: yes; Burrell: yes; Kosinko: yes; Throckmorton: yes).

Staff will require final site-plan approval and any additional permits or variances needed to proceed; staff noted the petitioner can return with revised site plans or additional variance requests if they continue to pursue the location.","mediaType","Video","parentTitle","Bloomington Board of Zoning Appeals, April 24, 2025","oneSentenceSummary","The Board approved one variance — allowing 39 parking spaces (with permeable pavers for any spaces above the UDO maximum) — and denied other requested variances for the proposed Don Cowden Foundation/Chick‑fil‑A site at West Third Street and Kimball Drive; staff recommended the same split action.","taxTitle","Bloomington City, Monroe County, Indiana","taxId",3535,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},5996052,"Board continues variance V-11-25 (Smith & Hayes Properties) to June meeting at petitioner’s request",57,2656000,2713000,"/Search/View?dp=1&key=5854839-d59e702c7968449428d9dc34ae1e6556&start=2656&end=2713","https://assets.pipeline.soar.com/5854839-d59e702c7968449428d9dc34ae1e6556/thumbnail_2656000.jpg","/articles/5996052/Bloomington-City/Monroe-County/Indiana/Board-continues-variance-V-11-25-Smith-Hayes-Properties-to-June-meeting-at-petitioners-request","https://secure.pipeline.soar.com/5996052-6f43136ab9bd521f9c39d6ffa9cb2e1d/orig.mp4?Expires=1771000934&Signature=axilkHfLYuOsWJHEFyCHOjBHmV-d1Y4-OtuwPdkOxU5zBxuX2ZGDuQ~VqDIYXDckqtvySjgxntzIppiCM16fHSbYNTFYFFOXvdeDLzqCUYw8wj7Yz88fYfH~Jl6FuD-ABXzVBBAyOJE02M4wDc1lXJfoH3r~Q8WL-K94AoyCNu~AY6qwr5CdkxzHpUkPzf-ipyOEBOCfFc~Dg7nydqbwposWermNI607TwFdoACIaU8qbY3h9ZIcUX-o~CVsYKkTpukyJGC3PQlYMklfaPRsq9hESOi2wizPEMzDCRDgSa4H~5d4z0O3kP72wLRyK47VRAxfPO2Eg~77o1NsAwbkdg__&Key-Pair-Id=KUT5TJCACFTXG","The Bloomington Board of Zoning Appeals on April 24 granted a request to continue variance V-11-25 for Smith & Hayes Properties to the June hearing at the petitioner’s request.

Bill Hicks (representing Smith and Hayes Properties LLC) informed the board that property owner David Hayes was out of state and the team needed additional time to resolve an outstanding issue with their petition. Staff confirmed that, with the petitioner’s request, the matter will be continued and re-set on the June docket. No substantive public hearing or testimony occurred and no final action was taken on the variance.

The continuance was recorded in the meeting minutes and the case will be scheduled for the next available hearing; staff will notify the petitioner of the new hearing date and any additional submittal requirements.

No vote tally was required beyond the formal continuance notation; staff indicated the case would be on the June agenda unless otherwise notified.","The Board granted a continuance for variance V-11-25 (Smith & Hayes Properties) after the petitioner requested more time to refine the application; the case will be re-noticed for the June hearing.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},5996057,"Board grants multiple variances for narrow downtown lot at Northeast corner of Morton and W. Kirkwood, denies none after debate",2370,2837000,5207000,"/Search/View?dp=1&key=5854839-d59e702c7968449428d9dc34ae1e6556&start=2837&end=5207","https://assets.pipeline.soar.com/5854839-d59e702c7968449428d9dc34ae1e6556/thumbnail_2837000.jpg","/articles/5996057/Bloomington-City/Monroe-County/Indiana/Board-grants-multiple-variances-for-narrow-downtown-lot-at-Northeast-corner-of-Morton-and-W-Kirkwood-denies-none-after-debate","https://secure.pipeline.soar.com/5996057-f63fa98884c49bb57551df10cffeca61/orig.mp4?Expires=1771000934&Signature=NPOFXjEFh0nSRmGnNEeHeIFgSN-VKqn4aZ~iUMuhNGuAIaDNla0pwMXf-~MgmvH9DZ8Jh4HrQGfPqk8PA8kzOk9RTm3cUTgq0fPX-0SgO9A2EfaAtOibSi554Uo5AExf3Ml0lZk6pAHC7fRtx4TQ6n3Rmg~RwdCZW8y5djF5QF7vvmU13ILkmpk3CtN~o~taNq~-aiimLYIGa-84B~CVm4oguIPVB0VkfUHVuiALpn~YlrOhRCCuRisjTMjehepXvLnQaIF17szyJvgmYjxh5YkwjAsOL5sqRk5tPZpiCW-v7NedRmful5aEPzfnamXSh4fQYntlutkhsJTouCeYTw__&Key-Pair-Id=KUT5TJCACFTXG","The Bloomington Board of Zoning Appeals on April 24 approved variances allowing a three-story mixed-use building on an unusually narrow downtown lot at the northeast corner of Morton Street and West Kirkwood Avenue, granting relief from several requirements in the Courthouse Square Overlay District and approving a requested height variance for rooftop elevator access after debate.

Staff explained the property is roughly 18.8 feet wide with a building-to-building encroachment that reduces the practical buildable width to about 16.9 feet. Eric (staff presenter) described five variance requests: reduce the required minimum of 50% ground-floor nonresidential space (the proposal shows roughly 45% nonresidential on the ground floor); allow architectural articulation exceptions because of the narrow lot; permit two single garage parking spaces accessed from Morton Street rather than an alley; waive a 20-foot in-building parking setback; and allow a modest increase in building height (staff recommended denial of the height variance because they found nothing unique about the property that prevented meeting the height standard).

Petitioners Blake Rowe and Doug Bruce (Taber Bruce Architects) said the site’s 16-foot usable width and an existing 1.9-foot encroachment by the adjacent Smith-Holden building create practical difficulties. Bruce said the rooftop elevator towers and small penthouses (described as elevator/stair enclosures, not livable space) are being held as far back as feasible and are each roughly five feet above the parapet; the design team argued the rooftop access provides usable outdoor space for the narrow units and makes the proposed condominiums viable. Bruce said the rooftop penthouses are set back far enough that they are not visible from most street views.

Board members questioned whether the rooftop access was required to make the property developable. Staff told the board the building, without the elevator towers, would meet the height standard, so the narrowness of the lot did not by itself justify a height variance; the request was framed as providing additional amenity and usable space rather than remedying a strict physical inability to build. Board members who supported the height variance tied their findings to the extreme narrowness of the lot and the need to create usable, accessible living space; one member noted nearby buildings have higher sections granted under earlier codes but emphasized variances are decided on a case-by-case basis.

The board voted to adopt staff findings on the other requested variances and—contrary to staff’s recommendation—also approved the variance from maximum building height, with conditions listed in staff’s report. The roll call recorded the approval as unanimous (Burrell: yes; Ballard: yes; Kosinko: yes; Throckmorton: yes). Staff said it will prepare final findings for the record and follow up on the conditions the board adopted.

Because the building will include two for-sale condominium units above a ground-floor commercial space, the petitioners said each unit will have its own elevator and stair access to a small rooftop outdoor area; petitioners said the rooftop enclosures are minimal and are sited to reduce visibility from Morton and Kirkwood street level views.","The Board approved a package of variances for a proposed narrow mixed-use building at the northeast corner of Morton and West Kirkwood, including waivers for ground-floor nonresidential percentage, parking setbacks and alley access, and—over staff recommendation—allowed a small height exemption for rooftop elevator/penthouse structures.",{"_33":100,"_35":36,"_37":38,"_39":101,"_41":102,"_43":103,"_45":104,"_47":105,"_49":106,"_51":107,"_53":108,"_55":56,"_57":58,"_59":109,"_61":62,"_63":64,"_65":110,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},5996061,"Board approves conditional use to convert 1432 S. Winfield Road into duplex with conditions",2566,263000,2829000,"/Search/View?dp=1&key=5854839-d59e702c7968449428d9dc34ae1e6556&start=263&end=2829","https://assets.pipeline.soar.com/5854839-d59e702c7968449428d9dc34ae1e6556/thumbnail_263000.jpg","/articles/5996061/Bloomington-City/Monroe-County/Indiana/Board-approves-conditional-use-to-convert-1432-S-Winfield-Road-into-duplex-with-conditions","https://secure.pipeline.soar.com/5996061-dc75a0868e826b32c444890ab09fd756/orig.mp4?Expires=1771000934&Signature=H7W0uZ9g33F5U8JWmoF6JWRfmf4evg2YAb~s5CfKqCzTaxIeZ4B1~44Ja2v4C-fmez7lq5G9gJL4mfwlI55KKTABzHIHEpmOYPeZkeIFkav6TR5LhDxlLNXF7xPAZpmyj0P0YhGhp1N2ZG2Llypq9WnJQ8rJ2q0E73iLZVdaTyNUYBbh1kaw3Yu7cbecoiCCN7GkmDBpQYmuOecZ4RwsVzDNAJxWdSpngAtEpzB-9yqtquJiIwu32baPmcbMSTgdWCj3xfjreVdXx6NucM88vH4hnZR-nOCPMcoE5q7cKbUt1LMmBl0egWOiu7tdQcnrClIisXrZ5Po97Y4wORYUKg__&Key-Pair-Id=KUT5TJCACFTXG","The Bloomington Board of Zoning Appeals on April 24 approved a conditional-use petition from owner Kumar Zaidi to convert 1432 South Winfield Road from a single-family house into a two-unit dwelling, with conditions requiring a rental inspection, rental permits and a barrier to separate driveways.

The approval followed a staff presentation that said the property is in an R-2 (residential medium-lot) district and that the proposed interior conversion would not change the building’s exterior, roof pitch, setbacks or driveway configuration. David Brantez, zoning planner, told the board staff found the petition met use-specific standards for a duplex and recommended approval with two conditions: limit the approval to the design shown in the packet and require the owner to pass a rental inspection from HAND and procure rental permits for rented units.

In public comment, nearby residents described repeated late-night noise and parking impacts they attributed to student tenants. Carol Barlow, an adjacent property owner, described multiple late‑night partying incidents in August 2024 that she said “woke [her] at 1:30 a.m.” Judith Lee and Dan Lee, neighbors who share a driveway with 1432, said overflow parking has blocked driveways and created sight‑line hazards at a nearby roundabout.

Kumar Zaidi, who identified himself as the property owner, told the board he has owned the 3,400-square-foot house since February 2013, said he rents to students under strict leases that allow termination for illegal activity, and said he is willing to work with neighbors. When the board discussed mitigation, staff noted noise complaints would be enforced by the Bloomington Police Department, and that the conditional‑use criteria allow the board to require measures to address impacts on adjacent properties. Staff suggested a fence or landscaping could be a condition.

The board added a third condition requiring the petitioner to erect a property-delineating fence or landscape barrier between the subject property and the neighbor to the north, phrased to meet applicable city code (for example, a 4-foot fence within the public-facing yard or taller screening where allowed behind the house). The motion approved the staff findings and the conditional use with the three conditions.

Roll call on the motion recorded the approval as unanimous (Kosinko: yes; Throckmorton: yes; Ballard: yes; Burrell: yes). The board concluded by advising neighbors concerned about noise to contact the police and to coordinate with the landlord under the lease and local enforcement mechanisms.

The conditional use approval applies only to the design shown in the packet; the board required a passed HAND rental inspection and rental permits before occupancy as rental units, and the fence/landscape barrier to be installed as described in the motion.","The Bloomington Board of Zoning Appeals on April 24 approved a conditional-use petition to convert 1432 South Winfield Road from a single-family house into two rental units, imposing a rental-inspection requirement and a property‑line barrier after neighbors raised noise and parking concerns.","actionData","errors"]

Article not found

Board allows expanded parking but denies other setbacks and drive‑through variances for proposed Chick‑fil‑A at W. Third & Kimball

Board continues variance V-11-25 (Smith & Hayes Properties) to June meeting at petitioner’s request

Board grants multiple variances for narrow downtown lot at Northeast corner of Morton and W. Kirkwood, denies none after debate

Board approves conditional use to convert 1432 S. Winfield Road into duplex with conditions