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Published March 19, 2008 06:05 pm - A long and lively debate on granting variances and plats yielded no new approvals from the Board of Zoning Appeals (BZA) and the city’s Area Plan Commission (APC) this week.

Developers have tough night with city BZA, APC


Joe Hornaday
Greensburg Daily News

A long and lively debate on granting variances and plats yielded no new approvals from the Board of Zoning Appeals (BZA) and the city’s Area Plan Commission (APC) this week.

The first request heard by the BZA came from Jeff Whitaker, who was requesting a variance as allowed by the City of Greensburg Code of Ordinances. The variance involved placing a building within a flood hazard area. The lots in question were located at Sunset Acres, .

Whitaker claimed to have attempted to gain permits through the Federal Emergency Management Agency (FEMA) but was instructed to get a variance from the BZA first. To continue the paper work’s progress through FEMA, Whitaker wanted a variance to build in the flood zones.

There initially was some confusion between Whitaker and the board concerning the next step that would need to be taken.

BZA member Jean Johannigman noted that, before the board would grant a variance against an ordinance and build in a flood plane, she would rather see Whitaker’s plan go to FEMA. Whitaker said again that the variance was required first. According to Whitaker, plan director Kathy Reynolds had informed him that going through the Department of Natural Resources (DNR) would be the next step.

To head off further confusion, city attorney Matt Bailey said that if the property is taken out of the flood plane, Whitaker would not need the variance.

Board president Roy Middendorf responded that, as he understood it, because of city ordinance the variance has to be granted first before it goes to FEMA.

“It’s a technicality,” Middendorf said. “I understand that you need the board’s blessing before you go to FEMA.”

He went on to say that granting the variance does not mean FEMA would approve building in the location.

Citizens expressed concern that FEMA initially put the location in the flood plane for a reason. A motion was started to grant the variance, but died without a second. Whitaker showed dismay and added that contacting FEMA will not change the ordinance in place.

The second item on the BZA’s agenda was a request from the Napoleon State Bank representatives asking for a variance that would involve the minimum setback line for a pole sign. Architect Jerry Firestone of Triangle Designs began by saying that he wanted to do what is right by going through the board and not breaking any rules. The main sign for the new bank would be just off US 421. The two issues at hand were aesthetics and safety.

“This corner is a new gateway to your city,” Firestone said. “Nothing would be displeasing to the eye and the sign design fits in with the design of the building.”

When addressing safety concerns, Firestone claimed that the sign would not be in an area that would impair seeing oncoming traffic.

The board members discussed concern about the sign’s closeness to the street. Greensburg Fire Chief Scott Chasteen, sitting in for Reynolds, said that Reynolds’ worries were that if the variance is granted, it would be setting a precedent.

Middendorf concurred.



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