Kokomo Board of Zoning Appeals approves several variances and special exceptions including home dojo, firearm auctioneer, car wash and Dutch Bros outlot

KOKOMO — The Kokomo Board of Zoning Appeals approved several petitions at a meeting where four of five board members were present, granting special exceptions and variances that affect residential home-occupation rules, downtown commercial redevelopment, firearms auctioning, a new car-wash site and an outlot for a drive-through coffee shop.

The approvals included: a special exception for a home-based martial-arts school at 3155 Congress Drive; variances to allow a new garage/warehouse building at 319 West Jefferson Street; a special-handling retail exception to permit auctions that include firearms at 228 West Butler Street; a special exception and related variances for a Crew Car Wash at the southeast corner of State Road 931 and Center Road; and variances to create an outlot and sign allowance for a Dutch Bros drive-through at 2901 South Washington Street.

Why it matters: The decisions change permissible uses at the named addresses, allowing new commercial activity in residential and commercial zones. Several petitions sought relief from dimensional standards or special handling rules in order to reuse existing lots, add buildings for small businesses, or permit limited on-site storage and auctioning of firearms.

Robert Sylvester, the petitioner for a home occupation at 3155 Congress Drive, told the board the dojo will be located in an attached garage and that he plans classes of about three to five students, typically Monday through Thursday, with sessions lasting roughly 75 minutes. "I can assure the plan commission that this proposal will not be injurious to the public health, safety, morals, or general welfare of the community," Sylvester said while presenting his findings of fact. Staff reported the garage will be expanded and that the driveway offers what staff called "ample parking" for the proposed small classes. The board approved the special exception; staff and the petitioner noted that the approval applies only while the owner resides at the address and that a future owner would have to reapply for the same use.

At 319 West Jefferson Street, petitioner Charlie Reed requested variances for minimum lot area and lot width to allow construction of a freestanding garage/warehouse for vehicle and equipment maintenance tied to his construction business. Reed said the new building will replace storage containers now on the lot. Staff found the variances would make the currently vacant commercial lot buildable and would not adversely affect adjacent properties. The board approved the variances.

Tish and Joseph (Joe) Martino, doing business as Martino Realty and Auctioneers at 501 North Buckeye Street, asked for a special exception to permit "special handling retail" for auctions that include firearms at 228 West Butler Street. Martino said he currently works with a Federal Firearms Licensee for transfers and that the proposed site would primarily be used for storage and pickup, with limited in-person auction traffic. "We will incorporate employee training and legal, ethical, and sales practices and educational resources for customers on responsible gun ownership," Martino said. Staff noted the petitioner expects limited in-person attendance for auctions (staff referenced a possible range of 20 to 30 people and use of nearby parking). The board granted the special exception; staff said the building is legally nonconforming to current C2 standards but that the proposed use is consistent with the city comprehensive plan's designation for general commercial uses.

Crew Car Wash requested a special exception to locate a second Kokomo facility on the southeast corner of State Road 931 and Center Road and sought two variances tied to facade transparency and lot coverage. Paul Wyman (attorney) and Catherine Rayner (project representative) described plans to reuse existing curb cuts, install a new queuing/gated system intended to speed throughput, and install landscaping. Wyman told the board Crew typically invests about $6 million per new location and that their sites include substantial landscaping investments. Staff recommended approval of the special exception and of the transparency and lot-coverage variances, noting the site is surrounded by other high-intensity auto-oriented commercial uses and that the proposed design would improve a previously dilapidated gas-station site. The board approved the special exception and both variances.

A final petition came from Milk Crate Development, the preferred developer for a Dutch Bros drive-through coffee on a portion of the Maple Crest Plaza parking lot at 2901 South Washington Street. The petitioner requested a variance from the minimum lot-frontage requirement (to allow development of an outlot that does not directly front a public street) and an associated variance to permit 99 square feet of signage (the code would otherwise allow no signage for a lot with no public frontage). Staff said the proposed outlot will be accessed by existing internal drives and that the signs would be appropriate to guide traffic within the shopping center. The board approved the variances.

Votes at a glance: the board moved and seconded the motions for each petition during the meeting; in each case the motion carried and the chair declared the motion passed. The transcript records the board acting with four voting members present. No formal roll-call vote with individual board-member names and vote positions was recorded in the transcript excerpts provided.

What was not decided or left open: the record notes one continuance (Lotus House Salon at 1735 South Dixon Road) because of advertising deficiencies; that case will be heard at a later meeting. Several petition approvals were conditioned by the petitioners' representations (for example, that owners reside on-site for the home-occupation exception) or by requirements to obtain building permits and inspections; the board and staff noted that future owners would need separate approvals to continue certain uses.

The meeting adjourned after the items were disposed; the minutes of Feb. 4 were approved at the start of the session.

(Addresses, ordinance section references and petitioner statements are taken from the meeting record.)