Board recommends against fitness-special-use after finding business operated without approval

The Board of Zoning Appeals on Aug. 5 recommended an unfavorable recommendation to the City Council for a special-use request to allow a 2,200-square-foot fitness facility at 8741 Madison Street and voted to deny a companion variance to reduce required parking.

Planning staff told the board the owner opened the business and performed interior work without required approvals and that a site permit had not been issued. "Planning department cannot recommend approval of petitions 25-43 and 25-44," the staff report said. Board member Dan Rohaley said he believed the petitioner had not acted in good faith and that the board's prior direction — that all business must cease until special-use approval was granted — had not been followed. "I don't believe the petitioner is acting in good faith to come before us," Rohaley said.

The petitioner, who identified himself as Lane Brieke, told the board the facility is small, appointment-based and serves two to three adults in early sessions and some high-school athletes later in the day. He said he had spent months and "thousands of dollars" addressing building and permit issues and that he believed he had been told by staff the business could continue during the process. "I spent thousands of dollars going in," Brieke said, describing contractors and inspections he paid for to get compliant.

Board members disagreed over whether prior approvals for neighboring tenants created the parking problem and whether the landlord or the board was responsible for current parking allocations. Rohaley and other members who inspected the site counted about 21 spaces with a majority already committed to other tenants and said there was insufficient parking to grant the requested variance.

Motion and vote: Board member Jeremy Taylor moved to send an unfavorable recommendation on the special-use petition (25-44); the motion was seconded and passed on a roll call (three yes, one no). The board then moved to deny the parking-variance petition (25-43) based on adopted findings of fact; that motion also passed on roll call.

What happens next: The board’s unfavorable recommendation and the denial will be forwarded to Crown Point City Council, which will make the final determination. The petitioner was told to appear at the council meeting on Sept. 8 to answer questions.

Sources: Board statements, staff report and petitioner testimony at the Aug. 5 Board of Zoning Appeals meeting.