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Board approves Max Convenience variances for site near Menards/Meijer with fence commitment
Summary
The board granted two variances to reduce a Type C buffer yard and a rear setback for a proposed Max Convenience Store near US‑52 and 300 West, and the petitioner agreed to install a six‑foot fence along the rear property line as a commitment to reduce impacts on adjacent residences.
The Area Board granted variances on March 26 for a proposed Max Convenience Store on US‑52 near Meijer and Menards in northwest Lafayette, allowing a reduced Type C buffer yard (from 30 feet to 19 feet) and a reduced rear setback (from 40 feet to 19 feet) for portions of the site; the board attached a commitment requiring a six‑foot fence along the rear boundary to help mitigate impacts to adjacent residences.
APC staff recommended denial, citing concern that back-of-house convenience-store activities and deliveries would be substantially closer to the residential properties to the north and could harm adjoining homeowners. Staff also noted floodplain and lot-depth constraints.
Petitioner representative Brad Niele (RTS Law) presented an alternative site plan that shifts the building west to increase separation from the nearest residence and said the new plan would provide a larger buffer than the existing building currently provides; he also said the lot's shallowness and floodplain constraints limit alternatives and that moving the building south to meet the ordinance would create pedestrian and safety tradeoffs.
Neighbor Doug Dunwoody, speaking for his mother who lives adjacent to the site, urged the board to deny the request and said the current building acts as a buffer. The petitioner replied that, with the alternative site plan and the added fence and landscaping, back-of-house activities would be farther from the nearby house than under the current condition.
The board voted 5–1 on each variance (six ballots cast; five in favor, one opposed). Members also adopted a commitment to install a six-foot rear fence (chain-link or similar) across the back of the property, held back at corners to preserve sight lines for road access as required. The board and staff noted the petitioner must still obtain any required INDOT driveway permits and that substantial changes to the approved site plan could require a return to the board.
Votes at a glance: BZA 2185 — buffer yard and rear setback variances: 6 ballots cast; 5 in favor, 1 opposed. Outcome: approved with commitments (including rear fence).
