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Board approves variance to replace two underground fuel tanks with single above‑ground tank at Indiana Michigan Power site
Summary
The Elkhart City Board of Zoning Appeals unanimously approved a developmental variance allowing Indiana Michigan Power to remove two 8,000‑gallon underground tanks and install one 8,000‑gallon above‑ground tank, citing environmental and monitoring benefits and staff support; neighbors submitted three written objections.
Indiana Michigan Power won unanimous approval from the Elkhart City Board of Zoning Appeals on Jan. 9 to remove two 8,000‑gallon underground fuel tanks at 3340 Toledo Road and install a single 8,000‑gallon above‑ground storage tank.
Board members voted to grant a developmental variance from the zoning ordinance limit of 2,000 gallons of outside tank storage so the company could install one above‑ground tank to hold both diesel and gasoline. The petitioner and city staff said the above‑ground tank follows EPA guidance, will be built as a dual‑compartment UL 2085 tank with an internal concrete barrier, and will allow easier monitoring for leaks than underground tanks.
The change was requested because the site currently contains two nonconforming underground tanks, each 8,000 gallons. Mona Livingston, representing Indiana Michigan Power, told the board the company wants to convert to above‑ground storage “because that will help — that is more environmentally friendly” and said the above‑ground tank would be fire resistant and have separate compartments for diesel and gasoline. Dana Booth (project team) confirmed during questioning that removal and disposal of the underground tanks would follow state and EPA guidelines and that soil samples would be taken and remediated if contamination is found.
City staff recommended approval, noting the new tank would bring the site closer to current development standards. The staff report described the proposed UL 2085 tank and concluded the variance would not injure public health or safety, would not substantially affect adjacent property values, and would address a practical difficulty because without the variance the site could not fuel trucks on‑site as currently configured. Staff also reported 25 mailed notices returned in favor and three returned not in favor; objections cited concerns about aesthetics, potential groundwater contamination, security and prior site uses.
The board adopted the petitioner’s documents and staff findings as its findings of fact and approved the variance by unanimous vote (three affirmative votes required under the meeting’s minimum quorum rules). The approval included no additional conditions beyond the representations in the petitioner’s submittal and staff report.
The board chair and staff reminded interested parties that an appeal of the board’s decision must be filed in an appropriate court within 30 days and that petitioners may seek a rehearing within 14 days of the decision.
