Merrillville board approves variance for crematorium at 8560 Broadway; state licensing required before operations

At a meeting of the Town of Merrillville Board of Zoning Appeals, members voted 5-0 to approve a variance of use (case Z4VUL0225) allowing a crematorium at 8560 Broadway for this petitioner and this location only.

The variance was requested by Toomey for Health, LLC. Alex Gutanovsky, who said he represents the petitioners, told the board the town code does not specifically list crematoriums in any zoning classification and that state licensing would still be required before any operation could begin. "So what we're doing here is proposing a variance of use for the real estate located 8560 Broadway, for the operation of a crematorium," Gutanovsky said.

A project architect, Jim Keilman of Professional Building Services, described the building as a one-story office-style facility with a waiting area, a small conference room, a cremation room with a small viewing area, a walk-in cooler for staging remains and a fully enclosed transfer area with an overhead garage door. Keilman said, "It does not have a chapel, so this will only be for immediate family." He also said they plan to preserve existing trees to help screen the site.

A staff report summarized findings the board considered: the parcel is 0.88 acres in a C-3 highway commercial zoning district; the proposal would be limited to this petitioner and location; the operation was described as office-style and compatible in exterior appearance with surrounding uses; and the town would withhold a business license until local, state and environmental permits were obtained. The staff report noted the petitioner expects about five employees and hours of operation of 9 a.m. to 5 p.m.

Board members asked about transport and storage of remains and state oversight after the variance. A staff member said the Indiana Code and Indiana Administrative Code for funerals and cemetery services apply and that state inspectors assess intake, how many remains a facility may hold and other operational details. The staff member told the board, "The town of Merrillville will not provide a business license until all local, state and licenses and environmental permits have been obtained."

Public comment was invited; no members of the audience spoke for or against the petition. Following discussion, a board member moved to approve the variance "for this petitioner only, at this location only, for this use only, and for all state codes." The motion passed 5-0.

The board record shows the approval moves next to the Merrillville Town Council for final consideration; staff said they will notify the petitioner when the council sets the agenda. The approval does not authorize operation until the petitioner secures required state licensure and any other permits described by town staff and state regulators.