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Board approves Muncie Aviation restaurant variance allowing ingress easement, off-site ADA parking and reduced setbacks
Summary
The Delaware County/Muncie Board of Zoning Appeals approved a variance for Muncie Aviation Company to subdivide land at 5201 North Walnut Street and allow a restaurant to use an ingress/egress easement, off-site ADA parking and reduced side and rear setbacks; decision was unanimous.
MUNCIE, Ind. — The Delaware County / Muncie Board of Zoning Appeals voted 5-0 to approve BZA32-25, an application by Muncie Aviation Company to subdivide property at 5201 North Walnut Street and allow a new restaurant to use an ingress/egress easement, some off-site ADA parking and reduced side and rear setbacks.
The variance will allow the restaurant to access Walnut Street through an ingress/egress easement with the airport and to count some parking spaces located off the leased parcel toward its required parking, according to attorney Nick Tokar, who represented Muncie Aviation at the Aug. meeting. Tokar said the company will prepare an ingress/egress and parking easement with the Delaware County Airport Authority as part of the subdivision and transaction.
The request, filed under the Delaware County Comprehensive Zoning Ordinance, covers a building on the airport property that has housed restaurants historically. Tokar said the parcel being subdivided does not have direct Walnut Street frontage and that the easement with the airport is needed to provide lawful access. He told the board that Britney Ray, vice president of Muncie Aviation, and broker Julie Behring were present to answer questions.
Board members asked staff whether the subdivision had been reviewed by the county plat committee; staff confirmed the plat committee had recommended completion of the platting process. No members of the public spoke in favor or opposition during the hearing.
A motion to approve BZA32-25 carried unanimously. The board’s motion referenced the hardship described in the application; the motion text and the application’s specific hardship findings were recorded in the file. The board clerk said the office will provide certification of approval to allow the applicant to proceed with planning and permitting.
The board did not attach additional conditions beyond those described in the application. The applicant and staff indicated an ingress/egress and parking easement agreement will be drafted and recorded as part of the subdivision process.
Staff noted the approval allows the applicant to proceed with the development review and any city or county permits required for construction and occupancy.
The board’s minutes will document the variance and the certification paperwork will be issued to the applicant.
