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Whitestown zoning board continues Jada Group height-variance request after rule clarification
Summary
The Whitestown Board of Zoning Appeals agreed to continue a Jada Group request to raise a building from 50 to 62 feet at 6494 Mills Drive to its June meeting after town legal counsel said the petitioner was entitled to one automatic continuance under the board rules.
The Whitestown Board of Zoning Appeals continued a request by the Jada Group to increase allowable building height at 6494 Mills Drive from 50 feet to 62 feet to the board's June meeting after town legal counsel clarified the board's continuance rules.
The petition, filed as BZA 26-005-DSV under UDO 2.6D, had been continued from March. With only three members present on May 7, the chair opened the meeting by explaining that any action would require all three votes and asked whether the petitioner wished to proceed or seek a continuance. The petitioner asked to push the matter to the next month.
Board member Andrew McGee moved to approve the continuance; Shelby Haas seconded the motion to approve the April 2 minutes earlier in the meeting. Board members debated whether the petitioner had already used its one allowed continuance and whether the board itself had previously requested a continuance to allow neighborhood meetings. Several members sought the precise wording of the rules before taking a vote.
Town Attorney (legal counsel) told the board that the rules provide one automatic continuance at the petitioner's discretion before the board exercises further discretion. "You're're allowed one automatic continuance," the attorney said, and advised that because the petitioners had not yet used that automatic continuance the request should be granted. On that basis the board placed BZA 26-005-DSV on the agenda for the June meeting.
The variance request remains pending. The petition seeks an increase in permitted building height from 50 feet to 62 feet at 6494 Mills Drive in Whitestown. Staff noted the petitioner had held neighborhood meetings after the board's earlier request. The board also noted that two members (Mr. Snowberger and Mr. Aikens) were not present and that, with three members in attendance, any final action would require the unanimous vote of those present.
The board scheduled a meeting in June and adjourned without taking a final vote on the variance.
