BZA Continues Parking Variance

(posted May 12)
BZA member Ernie Williams supported removing these parking spaces that encroach on the Auburn Street right-of-way.

Photo by Jay Thompson

Mary Gordon is now facing repercussions from actions she took nearly two years ago to expand the parking lot of her real estate business at 5000 Crawfordsville Road. Gordon plead with Board of Zoning Appeals members at their May 6 meeting to grant her a variance after the fact, but the BZA members were not willing to give carte blanche approval based on Gordon's testimony that she was never told she needed a variance.

BZA members voted to continue the petition to July 1 so Gordon could work with DMD staff planner Ryan Hunt to develop a new site plan that is "agreeable to all parties." She objected to the conditions that staff imposed that included 10 foot set backs and landscaping.

Gordon spent $14,000 to have the lot paved. "I am requesting you grant the variance because the work is done. I don't know what it would cost me to rip out $14,000 worth of asphalt."

The DMD staff did not object to the variance, but objected to approval being given as is. Staff did not want the project to be a burden to the neighborhood because of Gordon's lack of information. The staff is concerned about preserving the residential integrity because her improvements violated the 1986 variance. The building at the corner of Auburn and Crawfordsville Road was a house until it was converted into a Century 21 office. The property is zoned residential.

James Buckner, treasurer of the Nazarene Church, said the church does not oppose the expanded lot.

Gordon's ordeal started in September 2007 when she called the town to see what she needed to do to expand the parking lot. The town's only instructions were to locate underground utilities before digging. She said no one told her to obtain a variance.

Gordon started constructing a gravel lot but was stopped by Speedway's code enforcement officer when he advised her that a gravel parking lot was prohibited for commercial property. Gordon challenged the town's action, pointing out that the IMS has a number of large gravel lots in town. She informed the town that her property was zoned residential with a variance, not commercial. According to Hunt, neither of the track's gravel parking lots at 16th and Polco have a variance and should be paved.

Gordon sought Councilor Eileen Fisher's help in 2007 after Fisher won her council seat. Fisher sent Gordon two emails, but none of them mentioned seeking a variance. The council only asked for a letter of intent and advised Gordon to pave the lot by the end of 2008.

BZA member Michael Simonson said "Unfortunately she doesn't have jurisdiction over those decisions." Gordon replied that issue needed to be looked into if councilors are giving approval on matters they have no authority over.

Town Manager Barbara Lawrence said Gordon sent a letter dated March 12, 2008 discussing the variance. The town never responded to the letter.

Gordon argued that she thought the 1986 variance covered her paving project, so she didn't think she needed a second variance.

The town has granted after the fact permits in prior cases. In the spring of 2007 the IMS failed to obtain permits before installing storm drains and paving over a portion of its lot two parking lot west of Georgetown Road when it built handicap parking spaces. The council approved the project at its August 13, 2007 council meeting.