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Plan Commission backs rezoning for tax office at 307 S. Bauer, 6-1 recommendation to council
Summary
The Whitestown Plan Commission voted 6–1 (one abstention) to recommend rezoning 307 South Bauer Street from residential to Urban Business to allow a retail tax office to operate there; commissioners discussed parking, long-term implications and the alternative of a use variance.
The Whitestown Plan Commission voted to recommend that Town Council rezone 307 South Bauer Street from R-3 (medium-density residential) to UB (Urban Business) so a retail tax office, Taxback Corporation, can relocate there.
Petitioner Larry Marietta told the commission he owns the double lot through Whitestown Investments LLC and plans modest renovations to convert the existing house into a tax office. Staff told commissioners the application meets the five criteria for a zone map change under the town's Unified Development Ordinance (UDO, including section 11.6) but flagged parking and signage for later review. "Given the nature of Mr. Marietta's business, tax season will be the busiest time where he may have three to four customers," staff said; otherwise traffic is expected to be light.
The commission spent substantial time debating whether a use variance tied to the business would be a better option than rezoning a parcel in perpetuity. Several commissioners said a use variance limits the permitted business to the petitioner and would not reclassify the land permanently, while a zone map change would allow any use authorized under UB zoning in the future. "If you sell the property someday, anything that meets the UB standards could go in there," one commissioner said.
Marietta said the plan is to preserve the house'form and "make it look just like it's part of the community," and noted a two-car garage currently exists on site. A neighboring letter read into the record raised concerns that the parcel sits in a residential area and cited recent investments by Moon Town Brewing in nearby housing and community space.
The commission motion included a written commitment prohibiting conversion of the site solely into a parking lot; the motion passed with six commissioners in favor and one abstention. The favorable recommendation will go to Town Council for final action. The petitioner and staff noted any future signage and parking changes would come back in subsequent review stages if redevelopment or an expansion is proposed.
