Joe Hornaday
Greensburg Daily News
Tue, May 13 2008
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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.
“Once you do this for one person, everyone thinks they can do it,” he said.
According to Chasteen, the driving force behind the ordinance was to avoid a situation like the one on Lincoln Street, where sign after sign may distract motorists and become eyesores. The variance was denied.
Once the BZA had adjourned, the city’s APC heard a request from George Lucas of the Landwater Group representing owner and developer Dave O’Mara for preliminary plant approval for the D and N commercial subdivision.
“We want to develop into the area into a commercial subdivision for small retail or restaurants on a private road,” Lucas said.
He added that his group had gone through all of the proper hurdles to reach this point.
Commission member Bruce Bockover voiced concerns over water and safety issues. The subdivision would be very close to the new soccer fields at the North Park ball diamond, and may impact the maintenance of waterways.
Several citizens were not pleased with the proposal. Flooding, the build-up of dirt, potential flooding of homes, sewer issues, and possible mosquito swarms around the retention pond were all brought up as potential hazards the development may cause.
To address these issues, Chasteen brought up the city’s storm water ordinance that states the site cannot produce more water than the area had before development, and the retention pond would keep excess water off the property. To further quell concerns, Bockover added that the developer is taking all precautions necessary. The citizens were still not satisfied.
Mayor Gary Herbert then presented an invoice showing that a group of independent hydrologists had confirmed that there was no danger to residences.
However, the motion died before the board voted. Board members suggested that more evidence of safeguards would help them come to a decision in the future. The board has plans to re-evaluate the issue and the development at a later time.
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