Zore's Variance Petition Approved

(posted Apr 21)

Zore's received its variance to build two buildings at 1300 Mickley Avenue. A 7,200 square foot building will be used to store recyclable material and a 16,200 square foot building will be used to store company vehicles. The Metropolitan Board of Zoning Appeals approved the variance with a 3-1 vote.

Staff's report indicated the buildings will be used in compliance with legally non-conforming use and gave a favorable recommendation.

Attorney David Gilman, representing Zore's, said the company receive a certificate of legal non-conforming use in 1986 from the city's corporate counsel. The property has been established for over 50 years and its use was re-approved in 1993 during a petition to have a cell tower on the site."The business has been there since 1948," he said.

Gilman told BZA members the 7,200 square foot building would create a better work environment to store recyclables because the company would no longer need trailers on site to store the material. He said recycling does not occur at the site, but sorting and storing does. He said the recycling business activity has been dead since September, so no trucks are leaving or entering the premises.

Speedway Attorney Robert Lutz supported the company's request for the variance. He said the company provides education and extrication opportunities for fire departments, as well as serving as Speedway Police Department's towing service.

Speedway Town Council Bill Suffel contended it is not semi-trucks causing the problem, but the "mom and pop trucks" that are increasing the neighborhood traffic. He said debris falls off of their trucks enroute to the Indianapolis business that primarily relies on Speedway roads for access to its business. He acknowledged Zore's is a corporate partner with Speedway, but noted that Zore's has other locations that could be used that are not by neighborhoods.

Amy Worgan, representing the remonstrators, said they are not convinced the company is legally established. She said it is an expansion of business. She referred to the 1986 and 1993 approval letters that pertained only to vehicle related activities, not recycling, to support her position that recycling activities are not legally established. She reminded the BZA members that when a business petitions to construct a building it means an expansion.

"It always, always, always means an expansion of business," she said. The remonstrators also had concerns about the environment, with Eagle Creek abutting the property. Speedway's surface water intake is on Eagle Creek north of 10th Street.