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BZA approves Premier Arts Academy expansion into vacant Hively Avenue commercial space
Summary
The board granted a special exception allowing Premier Arts Academy to use 115 West Hively Avenue as an annex to its existing campus to add classrooms and arts spaces for up to about 125 additional students; staff requirements include security measures, supervised movement between buildings and building-modification plan review.
The Elkhart Board of Zoning Appeals approved application 24 X 02 on March 14, 2024, permitting Premier Arts Academy to use 115 West Hively Avenue as an annex for classrooms, music and dance space to accommodate school growth.
Petitioner presentation: Kurt Weimer, representing the property owner and Premier Arts Academy as pending tenant, said the school currently serves roughly 192 students in grades K-6 and seeks five additional classrooms to serve rising enrollment. Weimer said the Hively Avenue property (former Blockbuster/payless retail) is about 6,500 square feet and sits roughly 170 feet from the school's main campus; the plan would allow sharing of cafeteria and some services while adding classrooms, restrooms and controlled student movement between the buildings.
Public comment and staff concerns: Supporters, including parents, spoke in favor of the expansion citing positive academic and behavioral outcomes. Staff noted the petitioners provided information about easements and a shared parking arrangement with the adjacent property owner; staff said the recorded private easement had some prohibited-use language that petitioners were addressing separately but that it did not affect the board's decision because it is a private agreement among owners.
Conditions and safety measures: Staff and the petitioner described required safety measures: supervised transit between buildings using a fenced path, staggered start/stop times to manage traffic, interior and exterior security cameras, electronic door controls, window film to limit classroom visibility, and additional restrooms to accommodate added students. Pickup and drop-off would remain at the main campus on Prairie Street.
Board action and vote: The board adopted staff findings and approved the special exception by roll call. Staff noted seven mailed notices and one written objection about proximity to a liquor store; the objector raised concerns about crime and loitering near Prairie Street. The plan requires submission of modification plans to the building department and resolution of any private-easement language between property owners. The approval allows the school to expand capacity subject to the stated safety and building-review conditions.
Ending: The approved annex lets Premier Arts add classroom and arts space while keeping core campus operations centralized; petitioners must complete building-modification reviews and finalize any private easement clarifications.
