Business Owner Frustrated by Town Council's Actions

(posted 8.14.09)

Speedway Town Council members have apparently overstepped their jurisdictional powers again by giving approval on a zoning matter where they lack authority.

Mary Lou Gordon's real estate office, located at 5000 Crawfordsville Road, is now out of compliance after the Board of Zoning Appeals denied her request for a variance in a 1-4 vote on August 5.

Gordon said she must report to code enforcement and remove the section of her parking lot that extends into the town's right-of-way. Gordon said she was notified that the town was looking into revoking her business license and that she was also in violation by not having a sign permit. "I explained I bought the property in 1997 and just found out in January 2009 the sign permit was never obtained by the previous owner or legal counsel."

"I paid the fine and obtained the sign permits from the Division of Compliance in Indianapolis."

"After working in Speedway for thirty years I am at a loss with each curve they throw at me." The property generates about $2,600 in taxes.

In October 2007, code enforcement stopped Gordon during expansion of her parking lot because she was using gravel. 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 Dept. of Metropolitan Development planner Ryan Hunt, neither of the track's gravel parking lots at 16th and Polco have a variance and should be paved.

In April 2008 Gordon received permission from town councilor Eileen Fisher, telling her to proceed with her parking lot expansion and paving. Fisher's email stated that the other councilors were in agreement with Gordon's intentions as long as the pavement was completed by fall of 2008.

Gordon told the BZA she thought she did not need a second variance to proceed since the site is currently zoned residential with a variance to function as commercial real estate office. She said her conversations with the town did not indicate she needed a variance.

At the May 6 meeting, BZA member Michael Simonson said "Unfortunately she (Fisher) doesn't have jurisdiction over those decisions."

Gordon replied the issue needed to be looked into if councilors were giving approval on matters they have no authority over.

Gordon sought an "after the fact" variance at the May BZA meeting for having paved over areas that the first variance did not cover. Gordon opposed the BZA's request for landscaping and removal of asphalt from the town's right of way as part of the condition to receive the variance.

Vince Noblet, Speedway Redevelopment Commission President, opposed the idea of giving Gordon a variance without landscaping requirements. Noblet resides on Auburn Street, seven houses north of the site. "That back yard is our front yard," he stated, referring to the ashpalt at the rear of Gordon's lot. He said it is important to follow correct procedures in zoning since the town is spending millions of dollars on redevelopment. Gordon's property is not in a redevelopment area. Noblet did not remonstrate against Chase Bank's request not to landscape the ATM they are relocating at 3009 High School Road. The shopping center is located in Redevelopment Area 2.

The BZA board members approved the variance in the second case, exempting the ATM from landscaping. The only requirement was to build a six inch curb to protect pedestrians using the sidewalk. The petitioner cautioned that landscaping could pose a security risk to those using the machine because criminals could hide in the plants. Hunt disagreed with the petitioner's reasoning for visibility, noting that other ATMs have landscaping.

In April 2006, the council granted Jerry Bratton permission for a road cut on Crawfordsville Road near Allison Avenue to park cars on the abandoned rail corridor. The vote was 3-2, councilors Lu Hillmer and Jeff Hartman both voted no, stating the town lacked authority. The Division of Compliance denied Bratton's road cuts because he did not fit the guidelines of a commercial parking lot and driveway.

Bratton's legal counsel appeared before Speedway's BZA for a varience petition, where he faced opposition by adjacent residents. Bratton withdrew his petition in June 2007.

Later in 2007, the Indianapolis Division of Compliance issued a letter instructing him to return the site to its original condition and remove the driveway within 30 days. He was initially issued a violation by the department in 2006 when he created the road cut into Crawfordsville Road.

Corporate Counsel reported that "the case was never filed with the court and the legal case was closed on 12/8/08. The inspector closed the violation case on 11/12/08 since the ditch-line had been restored to its original condition. "