Search
September 14, 2009
November 11, 2011 by aeck
Meeting Minutes
City of Butler Plan Commission
September 14, 2009
A meeting of the City of Butler Plan Commission was held on September 14, 2009 at 6:30 PM in the Butler City Hall, 120 West Main Street, Butler, Indiana.
President Duard Bellamy called the meeting to order. Roll was taken and the following Plan Commission Members were present:
Duard Bellamy
Anita Shultz
Jerry Eldridge
Tammy Davis
Ford Hudson
Sandy Lechleidner
Larry Moughler, Non-Voting member
Others present were:
Peter Cioni, City Planner
Gerald McNerney, City Attorney
Ron Walter, Mayor
It was determined that there was present a quorum of voting members.
President Bellamy announced that the first order of business was the election of a president and vice president.
Tammy Davis made a motion to nominate Duard Bellamy as president. The motion was seconded by Sandy Lechleidner and passed by unanimous voice vote.
In the next order of business Mr. Cioni presented an update on planning and zoning activities in the City over the past year.
Radio Tower Height Variance - In July of 2008 the Board of Zoning appeals considered a petition from the owner’s of FROGGFY Radio for a height variance allowing them to construct a 500 foot radio tower on a parcel of land along RE Jones road immediately east of Therma-Tru doors. The variance petition was granted and the construction of the tower is still pending.
Use Variance Petition – In June the BZA considered a petition from the owner of the commercial building at 108 E. Oak Street for a variance to allow the space to be used as a residential dwelling. The ordinance prohibits residential units on the ground floor of buildings in the General Business District. The BZA denied the variance request. He explained that the owner was very upset with the Board’s decision which resulted in his painting graffiti on the building.
Westside Commercial Park - Due to the use of substandard materials the cul-de-sac street constructed in the Westside Commercial development had to be rebuilt. Final paving of the rebuilt street was completed on August 14th. This work was done at the expense of the contractor. Final acceptance of the street and other public improvements is pending the developer’s submission of documentation showing the improvements meet City standards.
Portable building use - The City’s zoning ordinance has no regulations for the installation and use of manufactured or portable buildings in commercial and industrial areas. Recently the City received a request from Christ’s Church for the placement of portable classroom buildings on their property. Since the ordinance contains no structural standards for commercial buildings I could only require that they install the buildings in accordance with the setback standards of the zoning ordinance and comply with state building standards. According to the DeKalb County building inspector portable classroom buildings are permitted by state building code. I have received some negative comments about the appearance of the buildings. There was some discussion about standards for portable buildings and weather the City should consider the adoption of regulations for them. Mr. Cioni would do some additional research on the matter.
Above ground storage tanks – I recently received an inquiry from Sebert Oil Company about the possibility of installing an above ground bulk propane storage tank. The zoning ordinance indicates that “storage tanks” are permitted uses in the Heavy Industry (HI) zoning district. Sebert’s current bulk storage facility is located at the east end of Willow St. and is zone d HI. After further review of the ordinance I found that Section 6.8, E., of the Zoning Ordinance prohibits the above ground storage of flammable materials except tanks or drums of fuel connected directly to an energy device or heating appliance. This section of the code would make Sebert’s existing bulk storage facility non-conforming. As a result they would be unable to add new tanks to the facility. They had also inquired about the possibility of placing an above ground tank on one of the commercial zoned lots on Jake Street in the Westside Commercial Park. There is no provision for such use in the General Business (GB) zoning district. Some additional research would be done on regulations for the storage of flammable and explosive materials.
New fire station – The City has recently purchased 5 acres of land immediately west of Rods Indiana for the construction of a new fire station. The property is located within the corporate limits of the City and the property is zoned Heavy Industry (HI) which would permit the construction of a fire station. Design plans are presently being prepared for the new facility. Mr. Cioni explained that the plans would have to be submitted to the plan commission for review upon completion.
There being no additional business for the Plan Commission, Mr. Walter made a motion to adjourn. Mrs. Davis seconded the motion. Motion carried; meeting adjourned.
Minutes Prepared by:
Peter Cioni
Secretary, Butler City Plan Commission