BZA notes a withdrawal and continues another petition to Feb. 11; withdrawal bars re-filing for one year
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Summary
At the Jan. 14 meeting the board recorded the withdrawal of petition B-106-24 (Radke/Racky Engineering) and continued petition B-107-24 (Scarborough tattoo shop) to Feb. 11, 2025; staff advised that a voluntary withdrawal is treated as a denial and the petition cannot be refiled for one year.
The Michigan City Board of Zoning Appeals recorded procedural actions on Jan. 14: petition B-106-24 (Radke/Racky Engineering), which sought a rear-yard setback reduction, was formally withdrawn in a Jan. 13 letter from petitioner Gary Radke and removed from the agenda; petition B-107-24 (Jacqueline Scarborough) requesting a special-exemption/use variance for a tattoo shop at 3515 Franklin Street was continued to the Feb. 11 meeting at the petitioner’s request.
Planning staff read a short letter from Racky Engineering dated Jan. 13 asking to withdraw the petition for the Jan. 14 meeting. Counsel Steve Hale advised the board that a petitioner’s withdrawal is treated as a denial for administrative purposes, which prevents refiling the same petition for one year unless the board directs otherwise. The board noted the withdrawal and took no further action on B-106-24.
For B-107-24, the petitioner requested additional time to revise her packet and correct filing issues; the board voted to continue the matter to Feb. 11, 2025. Brian Gross moved to continue and the motion received a second; the continuation passed unanimously.
The record reflects the withdrawal letter for B-106-24 and a formal continuation for B-107-24; the Planning Department will expect a corrected petition packet for the Feb. 11 hearing.