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Board approves commissary kitchen for Cromwell food‑truck business but denies walk‑up ice‑cream service

Noble County Board of Zoning Appeals · July 1, 2026
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Summary

The Noble County BZA approved a variance allowing a commissary kitchen for a food‑truck operator at 3899 S. State Road 5 (Cromwell) but denied the petitioner’s request to operate a walk‑up ice‑cream service and outdoor seating, citing INDOT and traffic/parking safety concerns.

The Noble County Board of Zoning Appeals approved a variance permitting a commissary kitchen and food‑preparation area for an existing food‑truck business at 3899 South State Road 5 in Cromwell, but it declined to allow the petitioner’s proposed walk‑up seasonal ice‑cream service and outdoor seating.

Staff explained that the request was dual: (1) a commissary kitchen/food‑prep area to service a food truck, and (2) a seasonal walk‑up service for pre‑made ice‑cream products with up to 10 patrons Thursday–Sunday 4 p.m.–8 p.m. INDOT and the county highway department flagged the site’s driveway and required a subminor commercial driveway permit and likely access upgrades.

Nearby residents and email commenters said driveways are close together, there are no sidewalks, and the State Road 5 location has blind spots and a history of accidents; they argued additional roadside parking and turnarounds would create safety and privacy issues. Staff and an alternate board member noted traffic and sight‑distance concerns that would likely require substantial driveway upgrades and asphalt work per INDOT guidance.

The petitioner told the board they would work with the health department on sinks and hot water and with the building department on permits. The petitioner and supporters said much business would be carry‑out; supporters also suggested limited, scheduled pickup times.

After deliberation the board voted to approve the commissary kitchen/food‑preparation variance but not the walk‑up ice‑cream service. The approval was conditioned on permits and INDOT/driveway compliance; the board noted the variance is non‑transferable and limited to the petitioner and family as requested.

The petitioner must complete building permits, follow health‑department requirements for commercial food prep, and obtain any necessary INDOT driveway permitting before opening the commissary operation.