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Board approves parking variance for excavation contractor at 2200 N. Fifth Ave. amid neighborhood concerns about gravel and fence
Summary
The Board of Zoning Appeals approved reducing required parking from eight spaces to zero for an excavation contractor at 2200 North Fifth Avenue, 6-0, after testimony from the applicant, neighbors and the school corporation raised concerns about gravel, dust and barbed-wire fencing.
The Board of Zoning Appeals on Feb. 20 voted 6-0 to approve a variance reducing the minimum required parking from eight spaces to zero for a business at 2200 North Fifth Avenue that the applicant described as an excavation contractor shop. The decision allows the current use to remain without the number of formal parking spaces the zoning code would normally require.
Steven Harris, who identified himself as the applicant and operator of the excavation business, told the board that the company parks two or three passenger vehicles on site and that crews are often on different shifts. "We employ about 25 people in this area," Harris said, emphasizing the potential business impact if the company could not continue to use the site.
Neighbors and the school corporation urged caution. Casey Spivey, who said he owns three residential properties immediately south of the site, said dust from gravel piles and parked trucks has been a persistent problem: "The dust is our concern," he said. Spivey also said he objected to a chain-link fence topped with barbed wire that had been erected at the site.
Roger Lehman, appearing for the school corporation, told the board the district preferred employee parking to be off the street and suggested the board attach a condition barring heavy equipment and large-truck parking on the parcel. "If there's a caveat or a condition ... that says no heavy equipment or large trucks can park on that property at all, then we would be satisfied," Lehman said.
Staff and board members reminded the applicant that existing gravel and piled materials at nearby parcels were installed without permits and must be returned to preexisting conditions or brought into compliance. Cassie (Area Plan Commission staff) told the board that parking on gravel is not permitted unless the surface is made "hard and sealed" or the applicant obtains a specific variance. She said code enforcement inspector Ron London is actively monitoring compliance and would pursue fines if the property is not returned to compliant condition within a reasonable time.
The board discussed alternatives: converting adjacent commercial lots to permitted parking would require site review and proper permitting, and gravel surfaces may be denied without hard surfacing. Board members expressed concern for the adjacent school and for student safety during drop-off and pickup times.
The roll call recorded these votes: Miss Kasha — yes; Miss Payne — yes; Mr. Shetler — yes; Mr. Zaner — yes; Miss Cobble — yes; Mr. Petke — yes. The motion carried 6-0.
Ending: The variance allows the business to continue operating at the site with zero required off-street parking, but staff enforcement and possible follow-up actions remain in place to address unpermitted gravel, outdoor storage and fencing on related parcels.
