Whitestown BZA approves Gerber Collision special exception, 4-1

The Whitestown Board of Zoning Appeals voted 4-1 on June 5 to approve a special exception allowing Gerber Collision and Glass to operate a collision and glass repair facility in the town's General Business (GB) zoning district, with conditions including an 8-foot opaque fence and an 8 a.m. to 5 p.m. operating window.

The special exception (docket BZA25-007-SE) covers a proposed facility shown in plans as slightly more than 16,000 square feet on about a 1.7-acre lot in the Whitestown Crossing development, with 55 parking spaces and a fenced rear area for outdoor storage. Petitioner representatives said work would be limited to passenger vehicles and light trucks and that “all the work is done fully inside the building,” removing visible repair activity from public view, which the board heard as a key mitigation point. The board's approval is conditioned on the staff recommendations, a required opaque fence (the petitioner committed to eight feet), and substantial compliance with the submitted site plans; the site still must complete the town's Development Plan Review (DPR) process before permits are issued.

Why it matters: Whitestown's Unified Development Ordinance restricts “automobile service, heavy” to require a special exception in GB districts, so the BZA decision determines whether the use may be established at this site. Neighbors and their attorney argued the designation and proximity to residentially zoned parcels warrant careful review because a granted special exception runs with the land and could set a precedent for similar heavy auto uses on nearby lots.

Proposal and site details Petitioners presented a concept plan placing the building and access off Traditions Drive (a private drive within Whitestown Crossing) with Indianapolis Road as the public frontage. Staff noted the site is adjacent to commercial uses such as Tractor Supply and Whitecap and that industrial uses begin south of Indianapolis Road. The applicant described the program as a collision and glass repair center with a building just over 16,000 square feet, 55 parking spaces, employee parking near Traditions Drive, and a rear fenced area for vehicle storage. The applicant stated hours would be 8 a.m. to 5 p.m. and that heavy truck repair would not occur at the site.

Public comment and petitioner responses Roger Burris, an attorney representing nearby landowners Candace Smith and Kyle Worman, said the neighbors generally supported staff conditions but urged the board to scrutinize whether the petitioner met the special-exception standard that the use would not harm neighbors. Burris warned approval could “open up additional undeveloped lots to maybe even heavier auto repair businesses.”

Petitioner representatives — Jerry Kittle of Innovative Engineering and Justin Furr of Gemini CRE — told the board the operation would be limited to passenger vehicles and light trucks, that repairs would be performed inside the building, and that the rear storage area would be enclosed by a solid, opaque fence. Kittle said the team had incorporated staff landscaping and use conditions into the DPR materials they filed “yesterday.”

Board discussion and outcome Board members asked about fence height, lighting, noise mitigation, and access across the private Traditions Drive. Staff said the UDO requires a solid fence for outdoor storage and noted fences may be permitted up to 10 feet under the ordinance; the petitioner formally committed to an 8-foot opaque fence as part of the approval. Staff also said the special exception would run with the land, meaning future users would be bound by the same use limitations.

Member McGee moved to approve the special exception consistent with UDO Section 11.13 and the staff findings, adding the petitioner’s commitment to an 8-foot fence; Member Akins seconded. The roll call was Snowberger — yes; McGee — aye; Kingshill — yes; Haas — no; Akins — yes. The motion passed 4-1.

What happens next The approval authorizes the use under the conditions recorded in the BZA action. The project must still complete the town's DPR and any applicable technical reviews (lighting/photometrics, building permits, and landscaping) before construction or operation begins. The town’s staff and the petitioner said they will carry DPR details — noise mitigation for paint booths and lighting placement among them — into the DPR submittal and review process.

Ending: The BZA concluded new business after the vote and moved to routine announcements; no July meeting will be held because there were no petitions filed for that month.