AGENDA ALLEN COUNTY BOARD OF ZONING APPEALS · • Approval is granted for an outdoor drive-in...

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AGENDA

ALLEN COUNTY BOARD OF ZONING APPEALS

Board Members: Thomas C. Black, David Bailey, Heather Drebenstedt, Susie Hoot, Ron Kohart

The Board of Zoning Appeals will conduct a public hearing in Room #35, Garden Level, Citizens Square, 200 East Berry Street, Fort Wayne, Indiana on Wednesday July 15, 2020 at 1:00 p.m.

NEW BUSINESS

1. Proposal: DSV-2020-0048 Applicant: Metropolitan School District of Southwest Allen County Indiana __________ Location: 4310 Homestead Road

Appeal: An appeal of development standards variances to increase allowable building height from 40 feet to 59 feet, eliminate 25 percent of the required parking lot landscape islands, and reduce curbing requirements for a parking lot in an A3 zoning district.

2. Proposal: SU-2020-0021

Applicant: Harvey H. Lengacher __________ Location: 13516 Antwerp Road

Appeal: A request for a special use to allow a home workshop (bicycle sales and repair) in an A1 zoning district.

3. Proposal: UVAR-2020-0013

Applicant: Krishan Kumar __________ Location: 6222 Ellison Road

Appeal: An appeal for a use variance to allow a drive-in movie theater in a C2 zoning district.

4. Proposal: CU-2020-0001 Applicant: Allen County Fairgrounds Inc. __________ Location: 2726 Carroll Road

Appeal: A request for a contingent use for Allen County Fairgrounds uses in an A1 zoning district.

5. Proposal: DSV-2020-0049 Applicant: Allen County Fairgrounds Inc. __________ Location: 2726 Carroll Road

Appeal: An appeal for a development standards variance to increase allowable size of a freestanding sign from 8 feet high to 15 feet high, and from 50 square feet to 120 square feet sign in an A1 zoning district.

OTHER BUSINESS 1. Approval of June 2020 Minutes

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Allen County Board of Zoning Appeals Staff Report

Proposal: DSV-2020-0048 July 15, 2020 Request: An appeal of development standards variances to:

• Increase allowable building height from 40 feet to 59 feet, • Eliminate 25 percent of the required parking lot landscape islands, and • Reduce curbing requirements for a parking lot in an A3 zoning district.

Location: 4310 Homestead Road

Applicant: Metropolitan School District of Southwest Allen County Indiana Property Owner: Metropolitan School District of Southwest Allen County Indiana Size of Property: approximately 125 acres including elementary and administration parcels

Applicable Ordinance Section(s):

• 3-2-4-5 (a)

Township and Section: • Aboite 21

Zoning & Adjacent Land Uses:

• North – A3, R2/Residential, institutional, and electrical substation

• South – AR/ Elementary school, admin offices • East –A3/ Middle school and athletic fields • West – A3/ Fire Station and park on Aboite

Center Road and open/trees

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Staff Discussion: The applicant is requesting to increase allowable height of two new buildings from 40 feet to 59 feet, as well as eliminate 25 percent of the required parking lot landscape islands, and reduce curbing requirements for a parking lot. The applicant requested a height of 59 feet, but in conversations with the applicant, the highest proposed height will be 52 feet 8 inches. This property is the Homestead High School campus. Plans for new construction include additions to the primary building as well as additional parking. The submitted information includes plans showing the proposed height of the buildings that will be taller than the ordinance required 40 feet. The site plan indicates that the auditorium will be 52 feet 8 inches and the mechanical penthouse will be 52 feet. Plans also show a proposed parking lot that will not have all of the Zoning Ordinance required islands in the middle of the parking lot as well as the removal of required curbing along the south. The parking lots are labeled “Area 1 2 and 3”. The request to eliminate the parking lot islands is in areas 1, 2, and 3, but the elimination of curbing is only requested for Area 1. Development standards variance requests can be approved by the Board if they meet three legal tests set forth in the Allen County Zoning Ordinance in conformance with the State of Indiana Codes. Excerpts of the applicant supplied the answers to the legal tests follow:

1. How the approval will not be injurious to public health, safety, morals, and general welfare of the

community: “Applicant is constructing a new state-of-the-art high school. The building will include state-of-the-art health and safety features to protect the children of our community, those working within the high school, and those visiting the high school. The design eliminated a parking lot adjacent to Homestead Road. This was done in part to enhance safety by minimizing the co-mingling of pedestrian and vehicular traffic on the Homestead Road side of the high school. The elimination of the parking lot, coupled with the increased number of students and faculty the new building can accommodate, results in the need for a larger parking area to the west of the building.” “The east side of the building is two stories. The roof is 48 feet above ground level. Two mechanical penthouses are to be located along this part of the building on the roof. They are four feet above the roof line. They are absolutely necessary for the operation of the building. Neither of these can be seen from Homestead Road or the intersection of Homestead and Aboite center road. There will be virtually no adverse community impact from these mechanical penthouses.”

2. How the use and value of the area adjacent to the property included in the variance will not be affected in

a substantially adverse manner: “The area immediately adjacent to the property (east side of Homestead Road) is another property with a school building owned and operated by Applicant. The general purpose of both properties is public education. Approval of the requested design variances will result in a state of the art high school, which will enhance the overall educational complex on both sides of Homestead Road. The Homestead project is substantially replacing existing facilities on the same property with larger and better facilities on the same property. The use of the property will not change. It is submitted that very few people will even notice that there are no curbs in certain areas of the parking lot, and only a few more will notice that the landscape islands have been omitted. The auditorium roofline will certainly be visible, but it will be a handsome site. The two mechanical penthouses will not be visible from the properties surrounding the high school.”

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3. How the strict application of terms of the Zoning Ordinance will result in practical difficulties in the use of the property:

“The required curbing will make it more difficult for snow removal personnel to remove the snow from the parking areas during the morning before school starts. This will make it more difficult for them to remove the snow from the sidewalks and otherwise prepare the building for the arrival of students and faculty.”

“Similarly, the landscape islands will be obstacles to snow removal. The omission of these islands will unable snow removal personnel to remove the snow from the parking lots more quickly. Also, taxpayers will save money because the islands will not be constructed, nor maintained. The existing auditorium is substantially undersized. To expand the auditorium to the size that is needed requires a 52 foot 8 inch roofline. It is impractical to expand the auditorium to include the necessary seats without also raising the roofline. It is impossible to operate the building without the mechanical penthouses. The roof is the best place for these mechanicals.”

The Board may wish to ask the applicant about the timing of construction of the buildings as well as the new parking. Staff believes the request for the height increase will have no negative impact on the surrounding properties. Staff has some concerns about the request to eliminate the landscape parking islands. The application information notes the expected time to complete the development is in 2 years. Suggested Conditions of Approval:

Should the Board find that the proposal meet the legal tests for approval; staff would preliminarily recommend the following conditions in addition to those typically applied to development standards variance approvals:

• Approval is granted for the proposed building heights of 53 feet for the auditorium and the

mechanical penthouse as generally shown on the submitted site plan. • Approval shall be subject to termination in the event that the building, as presented in the

application and at the public hearing, is not legally constructed by July 30, 2024. • Approval is granted for the elimination of landscape islands and curbing as generally shown on the

submitted site plan labeled “Area 1 2 and 3”. The landscape plan for the parking lot improvements shall include additional trees to be planted in equal or greater number than would be required if all of the islands were to be constructed.

• Any additional parking lots must meet all zoning ordinance standards unless additional variances are approved by The Board or Hearing Officer.

• The Board of Zoning Appeals hereby grants the Allen County Zoning Administrator or her/his designated staff authority upon written request to consider an extension of any Board approved condition, for a period not to exceed six months.

• These conditions are enforceable by the Allen County Board of Zoning Appeals or any successor agency to the Board.

Notes: •

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Proposal: SU-2020-0021 July 15, 2020 Request: A request for a special use to allow a home workshop (bicycle sales and repair) in an A1 zoning

district.

Location: 13516 Antwerp Road

Applicant: Harvey H. Lengacher Property Owner: Marvin S. Lengacher and

Rose Lengacher Trustees Size of Property: approximately 26 acres Applicable Ordinance Section(s):

• 3-2-3-3 (a,26)

Township and Section: • Cedar Creek 36


• North – A1/Agriculture • South – A1/Agriculture • East – A1/Agriculture • West – A1/Agriculture

BZA History: None prior to this request.

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Staff Discussion: The applicant is requesting a home workshop allowing a bicycle sales and repair business. This is currently operating and the operator was recently told that this use is not a permitted use without a Board approval. The applicant is the only staff. A special use is required to operate the business from this property as the business includes customers coming to the property. The staff site visit showed the property with multiple buildings, including the applicant’s residence, agricultural buildings, and this operation within a detached building. Staff did not observe exterior storage or signage, though signposts from an earlier sign near the road remain. The part of this property with the road access and buildings is located at a distance from neighboring buildings. This part of Allen County has farming, residential as primary land uses. The site plan shows a portion of the southern building with the bicycle operation. The application information provides this size at 640 square feet. The application provides the following operational information:

• Specific days and hours of operation: Monday through Saturday by appointment between 9:00 a.m. and 6:00 p.m.

• On-site staffing: 1 (the applicant) • On-site signage: none • Exterior lights: answer provided; however this is for the residential/agricultural site use • Exterior storage: none • Customer parking is provided in front of the bicycle shop door on crushed limestone • No exterior waste receptacle • No information provided for landscaping and screening materials for the parking area • Hazardous materials use: no • Describe the noise level of your business during an average operational week: “No noise can be heard outside

of the bicycle shop. Very little noise can be heard within the shop.” • Square footage of interior business operation: 640 square feet. • Estimated time for new construction or beginning operation: already operating

The three legal tests that are used for review and actions of special uses follow. Staff has added the applicant provided answers concerning this current request below:

• The proposed use will not be unduly detrimental to the use, value, pattern of development, or growth of

the surrounding area:

“The proposed use is a small scale operation which targets customers from the local Old Order Amish Community. The operation will have a minimal impact on the use, value and development of the surrounding area. It is a business with few if any customers in the winter and between two and ten customers per week throughout the rest of the year.”

• The location, size, intensity, site design, and operation of the proposed use will be compatible with the

immediate area:

“The Antwerp Road location of this business is in the middle of the Amish community of Northeastern Allen County. The bicycle shop is situated in the eastern 16 feet of a barn located at the rear of the property and will not be visible from the roadway. With the limited number of customers it is likely that the operation will be unnoticed by the public.”

• Adequate storm drainage, water, sanitary disposal, other utility, and transportation infrastructure

either currently exists or will be provided to serve the proposed use:

“Customers of this business typically seek service by walking, bike, or horse and buggy with an occasional visit by a customer in a chauffeured automobile. This operation is of such limited scope that drainage,

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water, and utilities are not particularly important factors to consider. Waste disposal will be accomplished with weekly commercial pickup.”

The Board may wish to confirm with the applicant that he does not plan to use signage, add employees, or expand in the near future. Suggested Conditions of Approval: Should the Board find that the proposal meet the legal tests for approval; staff would preliminarily recommend the following conditions in addition to those typically applied to special use approvals:

• The property owner shall execute and record a written commitment concerning the use and development

of the real estate. The terms and conditions of the written commitment shall include the following conditions of approval in conformance with Board’s Rules of Procedure. The approval shall not be effective unless and until the property owner and the applicant of the real estate have recorded, executed and delivered the recorded written commitment to the Zoning Administrator within 60 days of the decision, or prior to issuance of any permits, whichever occurs first.

• To restrict accountability and responsibility for the operation and to make future operations compatible

with the surrounding property, this special use shall run with the applicant and not the real estate. • Approval shall be terminated and of no further effect in the event the bicycle repair and sales use is

discontinued for a period of 12 months. Upon such termination, no reestablishment of the use in any form shall occur without favorable action (including new findings of fact/law and conditions of approval) by the Board/ZHO or any successor agency.

• The site shall be kept free of refuse, debris, and junk at all times. • The approved home workshop is limited bicycle sales and repair activities. • There shall be no outdoor storage or display of items related to the use. • Hours of operation shall be Monday through Saturday by appointment between 9:00 a.m. and 6:00 p.m. • Employment shall be limited to the applicant only. • Expansion of the approved use beyond 640 square feet within the existing building, as represented in the

application and at the public hearing, shall require Board approval. • Signage and exterior lighting specific to this business are prohibited. • There are no additional site screening requirements. • The Board of Zoning Appeals hereby grants the Allen County Zoning Administrator or her/his designated staff

authority upon written request to consider an extension of any Board approved condition for a period not to exceed six months.


Notes: •

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Proposal: UVAR-2020-0013 July 15, 2020 Request: An appeal for a use variance to allow a drive-in movie theater in a C2 zoning district.

Location: 6222 Ellison Road

Applicant: Krishan Kumar Property Owner: KLM Hospitality LLC Size of Property: approximately 6.5 acres Applicable Ordinance Section:

• 3-5-3-6 (Use Variance)

Township and Section: • Aboite 26


• North – A3/Open and residence with commercial use

• South – R3/ Residential • East – A3/Electrical substation • West – R3/Apartments

Prior BZA Activity: CU 279 98: construct a 230 foot high communication tower with equipment shelter. Withdrawn Special Exception 1869/95: establish a home workshop for a lawnmower maintenance and welding shop. Conditional approval

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Special Exception 1925/96: renew a home workshop for a lawnmower maintenance and welding shop. Conditional approval. Special Exception 1950/97: allow a manufactured home. Withdrawn Special Exception 2102/99: renew approval of a home workshop for a lawnmower maintenance and welding business. Conditional approval Special Exception 2372/04: permit a reception hall. Conditional approval Special Exception 2435/2005: amend the approved site plan for Special Exception 2372/04 allowing a reception hall. Conditional approval Variance 2714/2005: reduce the rear yard setback to 18 feet from the required 25 feet. Approved Staff Discussion: The applicant is requesting a use variance to operate an outdoor drive-in theatre on the property that has a reception hall use. The applicant states in the application: “We would like to apply for variance to start a drive in theatre at our existing facility in the parking lot to show movies to our customers on the weekends and some weekdays 9 p.m. to midnight during the summer months to make some extra income to pay our bills during this pandemic.” Staff notes that the reception hall use was initially approved in the A-3/Estates zoning district in 2004. The property was subsequently rezoned to C2 in 2010 after the approval and establishment of the reception hall with C2 zoning permitting a reception/banquet hall. Therefore, there is no current Board approval necessary for the reception hall. Staff notes this, in part, to clearly offer that there is no established variance or special use with the current commercial zoning. The property is on the west side of Ellison Road, a little south of the Liberty Mills Road intersection. There are apartments to the west, a residence with Board approval commercial use northeast, a residence south, and an electrical substation east. The staff site visit showed the reception hall building, paved parking lot with freestanding light poles. There is a freestanding sign advertising Landmark Conference and Reception Center. There are some plantings and trees around the perimeter and a few landscaping islands in the parking lot as well as partial wood privacy fencing on the northeast property line. The site plan submitted shows an inflatable screen near to the building on the south end of the parking lot, with noted rows for cars going north from the screen. The application information states:

• The inflatable screen is 40 feet wide and 22 feet high • There will be 4 trash cans in the parking lot with no other changes for this use noted • Customers will have access to the bathrooms inside the building • Additional information supplied states that “There will be no sound since we will be using a FM transmitter and

a phone app to connect to the sound either the car stereo system or the headphone or earbuds.” • Days and hours of operation: Friday and Saturday from 9 p.m. to midnight and some weekdays • No additional signage is requested • No additional lighting is requested

The five legal tests that are used for review and actions of use variances include the following. Staff has added the applicant provided answers below:

1. The approval will not be injurious to the public health, safety, morals, and general welfare of

the community: • “No, the Drive-In theatre will not be injurious to public health, safety, moral and general

welfare in anyway.”

2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner:

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• “No the are around the facility will in no way affect them in adverse manner in any way. No

objection letter from the apartment management enclosed with the application.”

3. The need for the variance arises from some condition peculiar to the property involved: • “The Landmark Centre has been closed due to the Governor’s executive order of closure of such

facilities and but we still have to pay our employees and the necessary bills and the property taxes so we decided to add another source of income and the residences can enjoy the summer from their cares and we will be able to pay our bills.”

4. The strict application of the terms of the ordinance will constitute an unnecessary hardship if applied

to the property for which the variance is sought: • “Such kind of ordinance will make us very hard to sustain our business which is already under

pressure due to closure and we have already booked some events that have been rescheduled further due to Covid 19 rules and regulations.”

5. The approval does not interfere substantially with the Comprehensive Plan or any other plan

duly adopted by the Board of Commissioners: • “The approval will in no way interfere with our other business plans and scheduled events.”

The Board may wish to ask the applicant for more information as to how this request meets the legal tests for approval, particularly as to how denial would constitute a an unnecessary hardship to the property and what conditions are peculiar to the property with a reception hall developed and used for this use. Staff understands that abrupt business change due to the pandemic. Staff encourages the Board to question the applicant about the legal tests necessary to approve a use variance on a property zoned commercially, developed commercially, and permitting many other uses in the C2 zoning district. A use variance approval creates long term records that this C2 zoned property and developed property has no permitted uses practical method to use the property. Additionally the Board may wish to question the applicant about if there will be a generator for the inflatable screen and if so, how loud and what hours this generator will run, what the maximum number of vehicles will be, requested hours for Sunday through Thursday, confirm that there will be no mobile food vendors such as food trucks and trailers (which can also run louder generators) and that there will not be both indoor recreation space rental and outdoor movie events occurring simultaneously. Staff has some concerns with this proposed use. The initial one is meeting the legal tests for a use variance. Noise from air pumps and generator(s) can carry distances and staff has concerns about that noise for nearby residences. The property is in Airport Overlay District 4, which may require additional review. Staff does not support any supplemental mobile food vendors coming here and the applicant did not state they would have any. Staff does understand the economics and anxiety stemming from the current changes due to the Covid-19 pandemic and reactions to this. The implications for approving the use variance type of approval for such a short term use does concern staff. Suggested Conditions of Approval: Should the Board find that the proposal meet the legal tests for approval; staff would preliminarily recommend the following conditions in addition to those typically applied to use variance approvals:

• The property owner shall execute and record a written commitment concerning the use and development

of the real estate. The terms and conditions of the written commitment shall include the following

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conditions of approval in conformance with Board’s Rules of Procedure. The approval shall not be effective unless and until the property owner of the real estate has recorded, executed and delivered the recorded written commitment to the Zoning Administrator within 30 days of the decision, prior to issuance of any additional improvement location permits, or prior to beginning operation, whichever occurs first.

• Approval is granted for an outdoor drive-in movie theatre operation for a period ending October 31,

2020. If the applicant wishes to offer outdoor movies later than this date, he/she/they may request an amendment to this variance or seek a new variance if this expires.

• Hours of operation shall be limited to Friday and Saturday 9:00 p.m. to 12:00 a.m. • Parking for viewing the movie shall be on-site on paved parking areas. • No additional exterior lighting is permitted. • Outdoor audio amplification is prohibited. • Additional signage is prohibited. • Portable bathrooms are prohibited. • Temporary food and beverage, crafts for sale, and other mobile vendors are prohibited. • Generators may be used between the hours of __________ and __________ Friday and Saturday only. • Additional screening and buffering for the property is not required. The current screening materials shall

be maintained in good condition. • Simultaneous use of the indoor reception hall rental and outdoor movies shall only be permitted with all

parking occurring on-site on the paved parking lot. • Approval shall be terminated and of no further affect in the event the outdoor theater use is not

established by October 31, 2020. Upon such termination, no reestablishment of the use in any form shall occur without favorable action (including new findings of fact/law and conditions of approval) by the Board/HO or any successor agency unless permitted in the zoning district at that time.

• The Board of Zoning Appeals hereby grants the Allen County Zoning Administrator or her/his designated staff authority upon written request to consider an extension of any Board approved condition, for a period not to exceed six months. Staff may not extend the approval end date of October 31, 2020.


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Proposal: CU-2020-0001 and DSV-2020-0049 July 15, 2020 Request: A request for a contingent use for Allen County Fairgrounds uses in an A1 zoning district.

An appeal for a development standards variance to increase allowable size of a freestanding sign from 8 feet high to 15 feet high, and from 50 square feet to 120 square feet in an A1 zoning district.

Location: 2726 Carroll Road

Applicant: Allen County Fairgrounds Inc. Property Owner: Allen County Fairgrounds Inc. Size of Property: approximately 77 acres Applicable Ordinance Section(s):

• 3-5-3-3 (a,3) - Fairgrounds • 3-4-9-4 (a,1) – Sign

Township and Section: • Perry 30


• North – AR/Agricultural (Huntertown) • South – R1/ Residential • East –AR/County facilities (Huntertown) • West – R1/ Residential and Church

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BZA History: CU-1987-0151. A contingent use for a fairground with overflow parking. Approved with a condition that the Board review the final development plan. Staff Discussion: The applicant is requesting a new approval for the Allen County Fairgrounds. They would like to document specific uses that may not have been considered in 1987 and they are also requesting a larger sign. In general, Board approvals prior to 2014 must be presented as new uses due to the changes to the ordinance at that time. The property is located on the north side of Carroll Road west of State Road 1/Lima Road. The property includes multiple buildings and paved and unpaved parking on 77 acres. The surrounding properties are a mix of agriculture, residential, institutional, and government service. The submitted site plan shows the existing development with no new buildings or parking proposed at this time. A replacement for the main freestanding identification sign is requested at 15 feet high with 120 square feet of sign face. They would be permitted an 8-foot high sign of up to 50 square feet without a variance. The new sign is to include an electronic message center of unknown size. The ordinance allows an electronic message center of up to 40 square feet without a variance. Application Information Includes:

• Days and hours of operation: Each event has their own specific hours of operation, however, we consider the site open 24/7, particularly when it involves overnight lodging in RV’s, campers, etc.

• On-site staffing: 2 full-time, 1 part-time • On-site signage: 2 (main sign and a 4-H sign) • Exterior lights: freestanding pole lights up to 40 feet in height • Exterior storage: various vehicles • Parking surface material: stone, chip and seal, and asphalt • Exterior waste receptacle: yes • Landscaping and screening materials: Mounding exists on the west side of the fairgrounds site to screen

adjacent neighbors. • Describe the noise level: Low average weekly noise level, which occasionally increases depending upon

the use. • Estimated time for new construction or beginning operation: No new construction dates have been

determined at this time. The applicant included a list of activities and possible future projects to be made part of the request:

1. Circus: Indoor and Outdoor with tent, lights and sound. Crowd noise 2. Fireworks: Shows and Demos 3. Company Picnics & Outdoor Games; Crowd noise 4. Carnivals: Indoor and Outdoor with lights and sound, Amusement rides and games 5. Games of Chance, Poker Tournaments, Casino Night, Bingo 6. Outdoor speakers/PA systems/ Music Concerts 7. Indoor/ outdoor Concerts; outdoor/ light/speakers/bleachers, stage set-up/tear-down 8. Parking lots/ cars Outdoor lighting 9. Radio Control planes, cars, vehicles, drones; Demos; Outdoors with sound/ flying 10. Helicopters; Landing and take-off/ Demos 11. Military Equipment demos/ displays 12. Hot Air Balloons: landing, launching, filling with air; glows 13. Pull Strip Events: crowd noise, lights, dust, sounds, PA systems, vehicle noise/

crashes/performance/outdoor bleachers/Motorcycles

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14. Camper Jamborees/ camping, camp fires, bonfires 15. Soccer games/ crowds 16. Car Shows: noise 17. Boat Shows 18. Overnight RV Parking 19. Overnight Camper Parking 20. Country Christmas: lights/horses/crowds/music 21. Allen County Fair 22. Animal shows/sales/auctions, contests, trials, training and workshops including non-

farm; Indoor & Outdoor to include but not limited to canines, cats, birds, poultry, and waterfowl, horses, swine, sheep, cattle, goats, rabbits, cavies, Llama, Exotics

23. Animal Arena Events; outdoors with PA sound 24. Auctions: Indoor and Outdoor 25. Rentals: Receptions/ Banquets/ Seminars/ Trade Shows/Specialty Shows (Crafts

shows, Gem and Mineral show, Gun, Weapon, and Knife Shows, etc.), Business meetings, Weddings

26. Various forms of entertainment: bands, cage fighting, wrestling 27. Voting 28. Department of Health Distribution/Treatment center; including Emergency uses 29. Fire Department Training/ Demos with vehicles 30. Police Department Training/ Demos; with vehicles 31. Tractors/ Heavy Equipment/Machinery/Sales/Displays/Demos/ Shows 32. Earth Mounds/Earth moving/excavating/ making courses, Dirt filtering and

storage, construction equipment 33. Medieval Shows/Events/Demos 34. Storage: Outdoor vehicles/Equipment/Trailers/RV's/Campers/ Boats 35. Burn Pile 36. Swap meets, Exotic Animals, Flea Markets, Farmers Markets 37. Homeland Security site, Emergency Facility 38. Church Services 39. Super Shot site 40. Blood Drives 41. 3K, 5K Runs and Walks. Autism Walks, Deaf Walks, Zombie Walks and Events 42. Shooting Sports, Archery Classes 43. Motor Sports: Truck Jamboree, Vehicle Stunt Show, Dirt Drags, Demo Derby, Truck

Pulls, Tractor Pulls, Tugs, Motor Bikes, ATV's, Lawn Mower, Snowmobiles, Monster Truck, Cart races, Tough trucks, and Motocross

44. Redneck Relays 45. K-9 demos and show 46. 4-Wheeler contest and races 47. Figure 8 Races 48. Mud bogs 49. Rickshaw races 50. Water ball 51. Rodeos 52. Wine Tasting, Craft Beer 53. Toxaway Day, Chemical disposal 54. Lighted Reader Sign 55. Fundraising events 56. Golf- Chili Outing 57. Halloween Hayride, Horse drawn carriage rides, Shuttle rides

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58. Farm Show and equipment 59. Christmas display, Outdoor light display and music

POTENTIAL FUTURE USES AND CONSTRUCTION INCLUDES

60. Ice Rink (Applicant understands that it will need to apply to the Board of Zoning Appeals

should it desire to build an ice rink) 61. First Aid Building 62. Concession Building 63. Animal Barn 64. Maintenance Building 65. Restrooms 66. Improved Roadways located within site

The two legal tests that are used for review and actions of contingent uses follow. Staff has added the applicant provided answers concerning this current request below:

• Adequate storm drainage, water, sanitary disposal, other utility, and transportation infrastructure either currently exists or will be provided to serve the proposed use:

o “Currently exists on property.”

• The proposed use will substantially serve the health, safety, or welfare of the community and not conflict with the Comprehensive Plan or other plan duly adopted by the County Commissioners or the Fort Wayne Common Council:

o “The site has been the location for decades for the Allen County Fair, community celebrations and events (such as weddings, graduation parties and other receptions), as well as being home to Allen County 4-H activities.”

Development standards variance requests can be approved by the Board if they meet three legal tests set forth in the Allen County Zoning Ordinance in conformance with the State of Indiana Codes. The applicant supplied the following answers to the legal tests for the sign requests:

• How the approval will not be injurious to public health, safety, morals, and general welfare of the

community:

o “The new sign will be an aesthetic enhancement, which will promote events for both the Allen County Fairgrounds, as well as 4-H activities. The sign will be constructed such that it complies with all standards to meet public health and safety requirements.”

• How the use and value of the area adjacent to the property included in the variance will not be affected in

a substantially adverse manner:

o “The new sign is similar in height and size to the existing sign, the latter of which has not had any adverse effect upon areas adjacent to the property nor impacted the use and values of the area. Numerous signs already exist along Carroll Road.”

• How the strict application of terms of the Zoning Ordinance will result in practical difficulties in the use of

the property:

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o “The sign is necessary to better promote the Allen County Fairgrounds, for which the

property is solely reliant upon public and private usage of its reception halls, barns, show rings and other activities for which the property is reliant.”

Staff encourages the Board to review the specific uses provided by the applicant. The current approval from 1987 provided no specifics on the use of the site beyond the generic approval as a fairground. No sign rendering was provided with the application. Suggested conditions are those typical for similar requests. Suggested Conditions of Approval: Should the Board find that the proposal meets the legal tests for approval; staff would preliminarily recommend the following conditions of approval:

• The property owners shall execute and record a written commitment concerning the use and development of the operation. The terms and conditions of the written commitment shall include the following conditions of approval in conformance with Board’s Rules of Procedure. The approval shall not be effective unless and until the applicants have recorded, executed and delivered the recorded written commitment to the Zoning Administrator within 30 days of the decision and prior to issuance of any new permits, whichever occurs first.

Contingent Use CU-2020-0001

• Approval shall run continuously. • Approval is granted to the property. • Approval specifically includes the following fairgrounds and accessory uses and structures:

1. Circus: Indoor and Outdoor with tent, lights and sound. Crowd noise 2. Fireworks: Shows and Demos 3. Company Picnics & Outdoor Games; Crowd noise 4. Carnivals: Indoor and Outdoor with lights and sound, Amusement rides and games 5. Games of Chance, Poker Tournaments, Casino Night, Bingo 6. Outdoor speakers/PA systems/ Music Concerts 7. Indoor/ outdoor Concerts; outdoor/ light/speakers/bleachers, stage set-up/tear-down 8. Parking lots/ cars Outdoor lighting 9. Radio Control planes, cars, vehicles, drones; Demos; Outdoors with sound/ flying 10. Helicopters; Landing and take-off/ Demos 11. Military Equipment demos/ displays 12. Hot Air Balloons: landing, launching, filling with air; glows 13. Pull Strip Events: crowd noise, lights, dust, sounds, PA systems, vehicle noise/crashes/

performance/outdoor bleachers/Motorcycles 14. Camper Jamborees/ camping, camp fires, bonfires 15. Soccer games/ crowds 16. Car Shows: noise 17. Boat Shows 18. Overnight RV Parking 19. Overnight Camper Parking 20. Country Christmas: lights/horses/crowds/music 21. Allen County Fair 22. Animal shows/sales/auctions, contests, trials, training and workshops including non-

farm; Indoor & Outdoor to include but not limited to canines, cats, birds, poultry, and waterfowl, horses, swine, sheep, cattle, goats, rabbits, cavies, Llama, Exotics

23. Animal Arena Events; outdoors with PA sound

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24. Auctions: Indoor and Outdoor 25. Rentals: Receptions/ Banquets/ Seminars/ Trade Shows/Specialty Shows Crafts shows,

Gem and Mineral show, Gun, Weapon, and Knife Shows, etc.), Business meetings, Weddings

26. Various forms of entertainment: bands, cage fighting, wrestling 27. Voting 28. Department of Health Distribution/Treatment center; including Emergency uses 29. Fire Department Training/ Demos with vehicles 30. Police Department Training/ Demos; with vehicles 31. Tractors/ Heavy Equipment/Machinery/Sales/Displays/Demos/ Shows 32. Earth Mounds/Earth moving/excavating/ making courses, Dirt filtering and storage,

construction equipment 33. Medieval Shows/Events/Demos 34. Storage: Outdoor vehicles/Equipment/Trailers/RV's/Campers/ Boats 35. Burn Pile 36. Swap meets, Exotic Animals, Flea Markets, Farmers Markets 37. Homeland Security site, Emergency Facility 38. Church Services 39. Super Shot site 40. Blood Drives 41. 3K, 5K Runs and Walks. Autism Walks, Deaf Walks, Zombie Walks and vents 42. Shooting Sports, Archery Classes 43. Motor Sports: Truck Jamboree, Vehicle Stunt Show, Dirt Drags, Demo Derby, Truck Pulls,

Tractor Pulls, Tugs, Motor Bikes, ATV's, Lawn Mower, Snowmobiles, Monster Truck, Cart races, Tough trucks, and Motocross

44. Redneck Relays 45. K-9 demos and show 46. 4-Wheeler contest and races 47. Figure 8 Races 48. Mud bogs 49. Rickshaw races 50. Water ball 51. Rodeos 52. Wine Tasting, Craft Beer 53. Toxaway Day, Chemical disposal 54. Lighted Reader Sign 55. Fundraising events 56. Golf- Chili Outing 57. Halloween Hayride, Horse drawn carriage rides, Shuttle rides 58. Farm Show and equipment 59. Christmas display, Outdoor light display and music 60. Ice Rink (Applicant understands that it will need to apply to the Board of Zoning Appeals should

it desire to build an ice rink) 61. First Aid Building 62. Concession Building 63. Animal Barn 64. Maintenance Building 65. Restrooms 66. Improved Roadways located within site

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• Approval shall be subject to termination and of no further effect in the event the use is discontinued for a period of 12 months. Upon such termination, no reestablishment of the use in any form shall occur without favorable action (including new findings of fact/law and conditions of approval) by the Board/HO or any successor agency.

• Signage for the site shall be limited to the Zoning Ordinance permitted site signage for a universally permitted use as defined in the 2019 Zoning Ordinance unless granted development standards variance approval.

• Hours of operation shall be unlimited. • The approval is limited to the represented approximately 77 acre site as presented to the Board. • A landscape plan shall be provided for any expansions within 200 feet of property lines subject to staff review

and approval prior to permit issuance. For such projects, the 2019 Zoning Ordinance Landscape Standards shall serve as a guide.

• The property owner shall receive Allen County Highway Department approval and necessary permits for any new access to Carroll Road prior to installing such access.

• The Board of Zoning Appeals hereby grants the Allen County Zoning Administrator or her/his designated staff authority upon written request to consider an extension of any Board approved condition for a period not to exceed six months.


Development Standards Variance DSV-2020-0049 • Approval is granted for one freestanding sign for the property. • The sign may be up to 15 feet in height. • The sign may be up to 120 square feet in area with up to 40 square feet of changeable copy area. • The sign shall have an east and west setback of at least 50 feet. • The sign shall be installed perpendicular to Carroll Road. • Approval shall be subject to termination in the event that the sign is not legally constructed within 24 months. • The standard electronic changeable copy sign operational restrictions do apply, including:

o Images may not change, rotate, move, flash, or blink more than once per 6 seconds; o Only static text shall be permitted; o Scrolling travel may not be in motion more than 10 seconds, with a minimum 3 second break between

messages; o Illumination shall not exceed 4,500 nits during the day and 500 nits at night;

• The Board of Zoning Appeals hereby grants the Fort Wayne Zoning Administrator or her/his designated staff authority upon written request to consider an extension of any Board approved condition, for a period not to exceed six months.

• These conditions are enforceable by the Fort Wayne Board of Zoning Appeals or any successor agency to the Board.

Notes: •

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Date post:	21-Jul-2020
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AGENDA ALLEN COUNTY BOARD OF ZONING APPEALS · • Approval is granted for an outdoor drive-in...

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