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Planning commission issues unfavorable recommendation on rezoning request at 260 South Mulberry; recommends use‑variance route

June 29, 2025 | Martinsville City, Morgan County, Indiana


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Planning commission issues unfavorable recommendation on rezoning request at 260 South Mulberry; recommends use‑variance route
The Martinsville Planning Commission voted June 24 to send an unfavorable recommendation to City Council on a rezoning request (docket PC25014) by petitioner Gabriel Britton to change 260 South Mulberry Street from R‑1 to B‑1 for a small law office. Commissioners cited on‑site parking limits and potential future commercial uses as the basis for recommending denial.

Gabriel Britton said he is a sole practitioner with an office schedule he described as low volume and that he owns adjacent property; he told the commission he currently has off‑street parking for two cars and expects client parking on nearby streets and county lots. Planning staff and several commissioners raised concerns that rezoning the parcel to B‑1 would open the property to future, higher‑intensity commercial uses if ownership changed.

Anna Elliott, a neighbor at 290 South Mulberry, spoke against rezoning and said she supported a use variance instead. "I definitely don't want to see any more parking spots on the property or see, take away like the sidewalk in front of it," she said, expressing concern that adding parking or paving the front yard would erode the neighborhood character.

Planning Commissioner Steve Bodie moved that the commission deny the rezoning request as presented and encourage the petitioner to seek a use variance; Jim Burkhart seconded. The motion passed on a voice vote and the commission will forward an unfavorable recommendation to City Council. Commissioners noted that a use variance considered by the Board of Zoning Appeals (BZA) might better limit future, broader commercial use while addressing this petitioner's needs.

The commission's recommendation is advisory; the City Council will make the final decision on the rezoning request. If Britton wishes to pursue a different route, staff suggested a use‑variance application to the BZA could be appropriate and would include conditions such as off‑street parking requirements.

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