WASHINGTON COURT HOUSE — Over 30 local residents attended the Board of Zoning Appeals meeting in Washington Court House City Council chambers at the administration building on Wednesday. They were there to object to the proposed 74 unit apartment buildings to be built on a six-acre piece of land owned by JLB1 Properties (Jaret Bishop).
The Planning Commission sets lots for building purposes. The zoning official issues permits for construction. The zoning official had issued a permit and the residents objected to the issuance of the permits for 1323, 1326, and 1329 Farmington Lane in the Quail Run subdivision.
This six-acre piece of land was formerly zoned C3/commercial several years ago. City procedures were followed at a later time to rezone the land as R3 – multi-family housing. A plan was submitted to the city for three apartment buildings to be built on the land at the current dead end of Farmington Lane. However, the issue at hand was the legal “set-back” building code law violation.
A resident of 1311 Farmington Lane, Della Kesterke, filed an objection and appeal to the zoning board. Her residence is next to the vacant land in question at the end of Farmington Lane. Many of her neighbors attended the meeting to also voice their objections.
The issue at hand was the building code law stating a minimum of 80 feet is needed for a set-back for buildings, and the proposed plan only had a 60 foot set-back allowance. According to the filed application, the zoning permit was issued in error and that was the vote put before the zoning board.
Kesterke’s attorney, Derek Muncie, spoke on behalf of the Quail Run residents regarding the violation of the set-back building code law, as well as the density of occupants that would be caused by having 74 apartments in that location. There is only one access roadway to enter the vacant land – Farmington Lane.
The Walmart property is directly behind the vacant land and no roadway can be built as a through-way to access this six-acre lot. There is a retention pond behind the abutting property on Greensview Lane, thus preventing access. The Farmington Lane residents objected to the possible 100 cars that could be driving up and down their street at all times of the day and night, disrupting their quiet enjoyment of their property.
In its current condition, this is a non-conforming lot, also an irregular shaped lot.
The developer purchased the land in good faith and later learned of the frontage issue. The owner had not yet filed for a variance when this objection came before the zoning board.
Citizens were allowed to voice their opinions and a few of those who spoke were: Della Kesterke, Leah Foster, Hugh Barnhill, Caleb Tenbrink, and Doug Martin. Some of the residents were worried about a crime issue, others about the density with so many residents without enough traffic access, and the zoning issue.
The city attorney, Mark Pitstick, said that there would be no liability on the part of the city, or expense, to deny the building permit previously issued if the board voted to do so at this time — regarding preventing the 74 unit apartment complex to be built, due to the set-back issue with the current plan.
After much discussion, hearing public input, and the attorney speaking several times on the issue to the board, a vote was called. The board concluded that the permit was issued in error due to the building code law and the set-back rule, thus the prior building permit issued was in error in its current form, and should be rescinded.
One other application came before the board from JLB1 Properties regarding the need for a conditional use approval for a mini-storage facility at 425 W. Temple St. That address is the building behind the Kroger facility.
Kyle Reed appeared representing JLB1 and told the board that due to access to the building and the Kroger lot having only one dual driveway, the two companies (JLB1 and Kroger) have signed a legal agreement to allow JLB1 to use the sole driveway for access to his building. JLB1 is currently using the brick building for storage of building materials, Reed said, but they want to renovate and make it an indoor mini-storage facility.
The zoning board members looked at the plans that were submitted, discussed the issue and voted to allow the mini-storage application to be granted.
