PLAINFIELD BOARD OF ZONING APPEALS !

Transcription

1 CALL TO ORDER PLAINFIELD BOARD OF ZONING APPEALS AGENDA For June 21, 2010, 7:00 PM Mr. Monnett: I will now call to order the Plainfield Board of Zoning Appeals meeting for June 21, I will now ask our board secretary if you will please have a roll call for determination of a quorum. ROLL CALL/DETERMINATION OF QUORUM Mr. Carlucci: Ms. Duffer- here Mr. Cavanaugh- here Mr. Gibbs- here Mr. Monnett- here Four members present, none absent, we have a quorum for the purpose of conducting business. PLEDGE OF ALLEGIANCE Mr. Monnett: Would you all please rise for the Pledge of Allegiance. APPROVAL OF MINUTES (May 17, 2010) Mr. Monnett: I will now entertain a motion from members of the board for approval and or amendments to our board meeting minutes from May 17, Mr. Gibbs: I move that we accept the minutes as written. Ms. Duffer: I second. Mr. Monnett: I have a motion and a second, all in favor say aye. I will now ask our Town attorney to Mr. Daniel if you would please administer the Oath of Testimony. OATH OF TESTIMONY Mr. Daniel conducted the Oath of Testimony PUBLIC HEARINGS Mr. Monnett went over public hearing guidelines. PETITIONS REQUESTING CONTINUANCE BZA Cleveland Unlimited dba Revol, Reeves Rd., requests Special Exception approval to allow a height expansion of a telecommunications tower in the I-2 Office/Warehouse Distribution Industrial District PLAINFIELD BOARD OF ZONING APPEALS !

2 Mr. Monnett: Our first item tonight, Mr. James is a petition requesting a continuance, BZA Mr. James: Good evening Mr. Chairman and members of the board. Yes, this case they need a continuance, they were unable to get their interested parties list with them on time. They have asked to continue it to the July meeting. Ms. Duffer: I make a motion to continue. Mr. Gibbs: Second. Mr. Monnett: I have a motion and a second for a continuance of BZA Mr. Carlucci will you please poll the board. Ms. Duffer- yes Mr. Cavanaugh- yes Mr. Gibbs- yes Mr. Monnett- yes Four ayes, none opposed, the motion is approved. PREVIOUSLY CONTINUED PETITIONS FOR PUBLIC HEARING BZA Plainfield Sign, 8285 E. CR. 300 S., requests a variance of use to allow a printing office and design facility in a residential garage. Mr. Monnett: Our next item was continued previously from another meeting, is BZA Mr. James: This request is a use variance to allow a commercial component for a Plainfield sign company in a 2,400 square foot pole barn at 8285 E. CR. 300 South. It is zoned R-3, singe family residential. The commercial component would consist of an office, design studio and some small light weight assembly of signs. The parent tract was split into three R-3 lots and the parent tract was a grandfathered ag use south of 300 South and East of Dan Jones Road. The petitioner has built a home on one of these three lots that were created and another home has been built on one of the lots and then the owner of the property that is split the property he lives on the other lot. A variance was granted for the pole barn back in 2008 to allow more accessory space than the living area. The barn was actually built in the floodplain but they did raise the elevation up so that it was out of the floodplain so that it met the flood protection grade. It s adjacent to the Vandalia Trail to the south and this lot does share a common drive with a home to the east. Because of the downed economy the petitioner seeks to downsize and consolidate the existing business site at E. CR 251 S. which is zoned general commercial. Here is the property that s consideration tonight. These are the three lots that were grated and split from this parent tract here is 300 South, this is the Vandalia Trail. Petitioner s home is over in here and then we have another house here and then the parent tract home here. The pole barn is back in this location here, as you can see all of this is zoned R-3, the three lots that were created and the ag was grandfathered in and then the pole barn is in the floodplains and you ve got floodplain over in this area also. Comp plan recommends a residential use, this is all low density residential recommended for all the area around the site. Here is a photo of the barn, the PLAINFIELD BOARD OF ZONING APPEALS !

3 petitioner s home is over in here and then you have another house over here, I will show you a photograph of that. It does have enough space to meet the required parking. It would have to do four parking spaces but it can only be gravel for six months. This is the site plan; here is the location of the pole barn. Its set back forty feet from the Vandalia Trail and then the petitioner s home is here. This was a site plan furnished by a neighboring property here and it shows the common drive that they share for the petitioner s home and then his neighbor s home here off of 300 south. Here is a view looking to the south, here is the common drive they share. This is his neighbor s home, the petitioner s home and then the pole barn back in here. Staff comments, Indiana courts have ruled that economic considerations do not create a hardship. If this is granted it opens the door for similar requests in a downed economy. Does the request pass the findings of fact criteria that the Zoning Ordinance creates a hardship and it does not impact surrounding properties? Is the shared drive an issue? The neighbors to the east and west have expressed their opposition to this request. The neighbor to the west, who shares the private drive, has provided an opposition letter with supporting materials in the packet. If granted the pole barn would have to comply with building code standards for a commercial building and they would have to put four parking spaces, it can only be gravel for six months. The petitioner has stated traffic and deliveries would be limited and our legal council has passed out some findings from Indiana court cases and the bottom one says that you can t grant a use variance based on a time period. The hardship has to exist to grant the variance of use and then you can set a time period on it. First of all, you have to establish a hardship, then you can put a time period. They have proposed and offered conditions for an annual review and then it shall be renewed after three years. So with that I will have a seat and the petitioner is here to answer any questions you might have. Mr. Faulkner: Good evening board, my name is Lee Faulkner, Plainfield Signs, some of you do know me and some of you don t. Mr. Monnett: Can we have your address please Lee? Mr. Faulkner: It is 8285 E. CR 300 S. Plainfield and Plainfield Signs is located at E. CR 251 S. in Indianapolis. You will have to bear with me; I ve got my notes here so I am just going to read this because I am not a public speaker. I am obviously going to use a variance to operate a portion of my business as a home business. So to understand what I am asking you to do for me is know some more things about my business and how it is set up. There are two distinct sides to my operation; the first is a studio side which includes designing, digital printing, vinyl graphics, hand lettering, light finishing and assembly. While the other side is the larger sign fabrication is spray painting side of this. The first side requires a clean as dust free as possible environment with computers and a printer and cannot be operated in the same area as the fabrication side, which is why I am asking for this variance. What first drove me to make this request was the economic down turn most businesses have experienced also to become apparent that my business has been changing over the last few years and allowing me to focus on the smaller design oriented signage and displays. Therefore downsizing the size of my business is the step I need to take. The signs of this type of what I have been referring too. See if I can make this work actually. These are the types of signs that are what would be considered smaller signs that I would want to do at that home location. As you can see I deal with a lot of PLAINFIELD BOARD OF ZONING APPEALS !

4 interior graphics displays like who s consulting the Duke of Wellborn. These are all just individual letters. The stuff we have done for the rec center down here, things like that, they are all very small signs but they are just very design oriented and high end type of work. Other things that we do are the hand carved things. I do a lot of work with the zoo; there is a lot of displayed work from there. You can see what I do with the park system. But a lot of these are intercut type of hand rendered type of signs. More of the type of smaller carved signs, foe finishes things like that that are just labor intensive that do not require spray booth but they require hands on. Also vinyl lettering on windows and things like that which are items too that are not done in shop as such, we ve gotten them ready and taken them out and installed them. So a lot of my stuff starts in the shop but it also goes out on site. My smaller vehicle graphics, I do small trucks and vans. The Pier 14 is probably one of the larger signs that you have seen here so far and that is a four foot by eight foot, but that is all digital printing up there. These are the types that I would not fabricate it at this site. And these are the larger things I do, large trucks, large trailers; things like this will not fit in any kind of garage. I require a fourteen foot overhead and that is what I am trying to find is another location where I can perform these types of things. My lighted signs channel letters like the Woodfire Grill, the larger aluminum letters like Hitachi, that type of thing; those all have to be formed in a larger setting. So these are the type of things I will never be able to accomplish as well as these types of things too. Things that we did for the Town, the larger aluminum fabrications and things like that and a pylon signs. But some of these too are things where you use both signs some pylon signs well as the way finding system are things that start in the large fabrication side but the tenant sign portion of that, that is all small signs. Those are things that can easily be done in my design studio. So this pretty much gives you an idea of real briefly, I don t want to bore you with a lot of different signs, but this will give you an overall view of what I am doing and what I would do and what I wouldn t do at this location. Similar requests are a short term survival plan for Plainfield Sign. I need to drastically reduce my overhead and moving the studio side of the business to the home is a logical direction. I m asking for a three year variance and at that time I d apply for another use variance if I needed to continue this at home. Lord willing, I wouldn t and I am able to move back into a larger facility. The Town would review my compliance with variance on whatever basis they deem necessary. Joe had mentioned a yearly thing. I m open to whatever you are suggestions are. Only the type of signs I ve shown in this PowerPoint would be produced at that home location where the larger signs are shown would be produced at another location. There is also consideration of traffic and I take that traffic very seriously. I do not deal with the general public and my business use requires me to go to site and meet with clients to do surveys. My designs an further contacts are made by way of s, there are occasions when a client does need to come to me but realistically a heavy week consists of about six clients. My deliveries are also minimal. Usually they are UPS or FedEx and an occasional delivery van. There will be absolutely no large trucks making deliveries for the business at this location. If traffic was still a concern I could place smaller children at play 5mph sign or signs down the drive. Whatever there would be needed to be done to take care of that? Other than that there would be no signage used for the business so in an essence nobody would even be aware that my studio was located there. The appearance of the building would be maintained PLAINFIELD BOARD OF ZONING APPEALS !

5 and landscaped on all visible sides. As all my work is performed inside there are no fumes, odors, or noise other than the ordinary power tools I already have there in my wood shop or I use in my blacksmithing. No signs will be stored outside the building. In fact this would have such a small impact, I could have already been operating there and nobody would really have known what I was doing there. That covers it; I m open to any questions or comments. I thank you for your consideration. Mr. Monnett: Thank you Lee. This is a public meeting so if there is anyone in the audience that would like to speak for or against this request please come forward now. Mr. Brackney: Good evening. My name is Dan Brackney, I live at 8299 E. CR 300 S., I am the immediate next door neighbor of the Faulkner s. We do share the common driveway. I ve submitted a letter with some attachments for your review so I won t review that unless there are any specific questions on our letter. Our opposition to this isn t towards Lee s business in particular; we bought property in Plainfield in 2007 and built our home on it, with the idea of creating a private environment that was just for me and my family. We just feel like regardless of I believe Lee is stating that the traffic would be minimal but any additional traffic is creating an issue for us. It is just a road we would rather not go down. We are hoping that this whole thing doesn t turn into the Brackney s vs. the Faulkner s and have this big neighbor riff but the fact is I have two small children ages six and four and my primary goal is to look out for their safety. Any additional traffic as minimal as it might be is going to have an impact on what we are doing. I d answer any questions that you have about my letter that is supporting materials that we have. I guess the only other thing that I would say too is the only way that you can access that barn is through the shared driveway so having a business running as close as it is to our home with the only access getting through part of the driveway that I own, I believe creates a hardship for us. I will open it up for your questions and I will leave it up to your consideration and we are opposed to this petition. Mr. Cavanaugh: Mr. Brackney, how do you share the responsibilities of the road maintenance now? Mr. Brackney: Well currently we just, this is our home right here and this is Lee and Kristie s home right here. We just finished building our home in December of 2009 and the driveway was just paved in mid April so everything is brand new. There is no formal agreement on maintenance we will see how that works out in the future. Essentially half of this driveway, the property line goes right down the middle right here. Half of this driveway is on my property and half of it is on the Faulkner property. The short answer is there is no formal agreement it s just kind of been working together to get the gravel base down, get the asphalt down etcetera, etcetera. Mr. Gibbs: Was that determined by the Town, the County or was that just the agreement. Mr. Brackney: Ralph and Gerry Dunkin might be able to speak a little bit more, I believe when the Town of Plainfield approved the neighborhood I think there was just an approval for just one driveway for is that right. That is what would have approved. Even though PLAINFIELD BOARD OF ZONING APPEALS !

6 there are two pieces of property there. The Town would only approve one driveway from Township Line and apparently that was done before we had looked at buying the property. Mr. Monnett: Thank you Mr. Brackney. If there is anyone else in the audience that would like to speak for or against this petition please come forward now. Ms. Dunkin: Hi, I m Gerry Dunkin, and I live at 8313 E. CR 300 S. When we split the property or sold it we sold it as housing or residential. When we were approached some time back with a variance for the barn that was built we had no problem with it because they said they were going to use it for church youth group and we supported that whole heartedly. However we can t support the building being used as a business entity, we don t feel that the business is consistent with the residential zoning. Mr. Monnett: Thank you Mrs. Dunkin. Mr. Dunkin: I m Ralph Dunkin 8313 E. CR 300 S. I have a couple of questions I d like to ask and I don t know whether Joe or whom I guess I would like to know who will define what light fabricating is number one and number two, who will monitor this? I don t know who will handle that. That is the questions that I have. Thank you. Mr. Monnett: Thank you. Mr. James? Mr. James: I guess we could get the petitioner to let us know what light fabrication is exactly, you could put it in writing and I would inspect the property on an annual basis for compliance. I d like to address some other things that were said. This is not a home business it can t be a home occupation because it s not an accessory building as home occupation has to be done in the residence and also they wouldn t be allowed signs anyway if it were a home occupation. 300 South is a secondary arterial where we try eliminating the curb cuts and so that is why we asked them to share the drive. 300 South will also become our perimeter parkway. Mr. Monnett: Is there anyone else in the audience that would like to speak for or against this petition, please come forward now. Mr. Johnson: Good Afternoon, my name is James Johnson I live at 8314 E. CR 300. I am here to speak in favor of the Faulkner s building they are building. I was in here a little over a year ago to speak against them building their barn and I must say that I was presently surprised to see that not only did they build a respectable barn but it is well landscaped. They have proven to be very good responsible Christian neighbors. As I understand for years Lee and his family have contributed to the commerce to the Town of Plainfield and during these difficult economic times I see no reason to not allow them to continue. This brings especially true has his neighbors to the east have a business run out of their barn. Thank you. Mr. Monnett: Thank you Mr. Johnson. Is there anyone else in the audience that would like to come forward now and speak for or against this petition, you may do so. Seeing none, I will close the public portion of the meeting and open it up to our board for discussion or a possible motion. PLAINFIELD BOARD OF ZONING APPEALS !

7 Mr. Monnett: I have a question for the petitioner, Mr. Faulkner are you still at your current location out east correct? Is that lease about up or your just willing to leave that location? Mr. Faulkner: The lease is about up here in the next few months. Mr. Monnett: Does that owner want to sell that building or do you know what his plans are? Mr. Faulkner: Everything is up for sale with them. It is just become apparent I cannot maintain the overhead there. There again it s become obvious that I need to downsize the business, so I m looking at all of my different options. Mr. Monnett: Thank you. Mr. Gibbs: I have a few questions too. The property, I know that you said was in the floodplains, this really doesn t have any bearing on anything but it would be west what to that, what is that zone that was in that low floodplain? Mr. James: It is zoned R-3 residential. Mr. Gibbs: That is zoned R-3 and the Dunkin s property is zoned Ag? Mr. James: Yes, the front part is zoned Ag and the back is zoned R-3. Mr. Carlucci: Are you talking about the property further to the west? Mr. Gibbs: Yes. Mr. Carlucci: What we are talking about here? That s not even the Town limits. Mr. James: Yeah, everything in the white is not Town. Mr. Gibbs: Just this is in the Town. Ok. Mr. James: In our Zoning Ordinance the floodplain is not a zoning district it is just the underlined zoning establishes of uses. The floodplain just restricts building standards. Mr. Gibbs: You may not know the answer to this but what kind of business is operated to the east? Mr. James: That s Mr. Dunkin s property and business and use that had been grandfathered in when he was annexed into the Town. Mr. Cavanaugh: Quick clarification please Joe, even with the shared and private drive, I m not aware if the Town has any restrictions on the amount of vehicle or traffic on private drives. Mr. James: No, that s solely up to the property owners. Mr. Cavanaugh: If anyone operating that property for whatever reason had twenty visitors a day they are allowed to have twenty visitors. If they received twenty UPS shipments a day they are allowed to receive twenty UPS shipments as an R-3? PLAINFIELD BOARD OF ZONING APPEALS !

8 Mr. James: Well I guess if it was more in a residential use. Mr. Cavanaugh: Big Ebay customer, I don t know. So there is really not a restriction on traffic on a residential drive no matter what. Mr. James: No. Mr. Cavanaugh: Thank you. Ms. Duffer: But we are talking about an additional 300 vehicles a year coming through that driveway, potentially. Mr. Monnett: As much as the economics come into this, which is not easy for a lot of people and I solely feel for people that are effected by that, which I think all of us are. It is clear to me and I have nothing against the Faulkner s, Lee s a great guy and he s done some work for my scout troop. But the bottom line is, as I look at the whole picture which maybe in the future too of what comes up after this. The economic issues that we are facing right now, as stated, do not create a hardship for businesses in this area. So that is how I feel. Ms. Duffer: With the information that was given to us by Mel, I can t see where the hardship is at this time. Mr. James: Look at your findings of fact and see if what has been presented tonight meets the criteria set forth in the findings of fact. Mr. Carlucci: I ve been trying to remember the last time the Board granted a use variance. Mr. Daniel: I can t remember. Mr. Carlucci: Because they are not used very often. Mr. Daniel: They are very exceptional set of circumstances that meet the hardship requirements. Ms. Duffer: discussion. Mr. Monnett: I have none. I m prepared to make a motion if there is no further Ms. Duffer: I move that the Board of Zoning Appeals deny BZA as filed by Plainfield Sign Co. requesting a use variance to allow a commercial component for the Plainfield Sign Co. in a 2,400 square foot pole barn in the R-3 district at 8285 E. CR 300 S. Mr. Monnett: I second that. Mr. Monnett: With a motion and a second, Mr. Carlucci will you please poll the board. Mr. Carlucci: Ms. Duffer- yes Mr. Cavanaugh- yes Mr. Gibbs- yes Mr. Monnett- yes PLAINFIELD BOARD OF ZONING APPEALS !

9 Four ayes, none opposed, motion is approved. PETITIONS FOR PUBLIC HEARING Mr. Monnett: Our next item tonight for the public hearing is BZA Walgreens Company. BZA Walgreen Co., 2200 Airwest Blvd., requests a special exception to allow a truck terminal expansion in the I-2 Office/ Warehouse Distribution Industrial District. Mr. James: This request is a Special Exception to allow the sale of alcoholic beverages for the Walgreen s store at 1516 E. Main Street, zoned General Commercial. At the June 7 th Plan Commission hearing of this year the rezone commitments made with a rezone in 1999 when the property was rezoned to General Commercial or modified to allow the sale of alcoholic beverage from the site. The adjacent building used at the west is the old Cinergy daycare building. It is currently being used by the Covenant Fellowship Church. The St. Susanna is just further to the west on the other side of the old daycare building and neither the St. Susanna nor the Covenant Fellowship Church has remonstrated against this request. There is no remonstrance at the Plan Commission public hearing and staff has received no remonstrance. Here is the site that s at the southwest corner of Dan Jones and Main Street. It is zoned General Commercial. Per the Indiana code a liquor license can t be granted to a site if it is within 200 feet of a school or church measured from foundation to foundation. The Walgreen s and the daycare foundation are both separated by 238 feet so it complies with the Indiana code. When Meijer s begins to develop, the old daycare building will be demolished and it will become an out lot between St. Susanna and Walgreen s. The Speedway to the east has been selling beer since 1994 and then further to the east on Main Street, CVS sells alcoholic beverages and as does Kroger s and there is two liquor stores on the south side of Main just east of this site. Meijer s modified the same rezone commitment and they received a Special Exception back in 2007 to allow the sale of alcoholic beverages from the super market that will be built north of the Walgreen s. Petitioner would like some flexibility with the floor plan and product display. I know in the motion I added the condition that they much comply with the floor plan, but they would like some flexibility with that. So the question is, is the request compatible with other requests and for this area. Steve Granner is here representing the petitioner and I will let Steve have the podium. Mr. Monnet: Thank you Mr. James, Mr. Granner. Mr. Granner: Thank you, for the record my name is Steve Granner I am the zoning consultant with law firm of Bose McKinney and Evans with offices at 111 Monument Circle in Indianapolis suite With me this evening is Lisa McKinney Goldner who is the attorney of record for Walgreen as they get their alcoholic PLAINFIELD BOARD OF ZONING APPEALS !

10 beverage permits across the State of Indiana. She is an attorney with our firm and also with me this evening is Kevin Chance who is the store manager of this particular Walgreen s. Joe has pretty much outlined the request. Lisa and I were before you I think four or five years ago for a similar special exception for the Walmart down the street as they were adding alcohol sales at that new location there. The history of Walgreens is that beginning after prohibition Walgreen s nationwide sold alcoholic beverages at their stores. Then in the early 90 s they discontinued that in the majority of the stores because at that point and time when apparently the store managers thought that it was cumbersome and time consuming to maintain that activity as a very small part of what they did. So on the inner dating years their customers have requested that they reinstitute that because they want more one stop shopping where they can get what they want and one place rather than having to go to Walgreen s for what they normally get there and then drive somewhere else if they want some beer and wine. And at this point that is all they are doing is reintroducing beer and wine sales at their locations. It is a very small part of their operation they will not be selling individual single items at this location it is all warm product. They have instituted extensive operational controls, employee training, and all their employees will have to undergo extensive training prior to their beginning of sales at each store and at this store it is included. There store requirements are that there employees must request identification of any customer who appears to be under 40 years in age. They have a register prompt at checkout that reminds the clerks that they do that. In addition to that underage employees of theirs will not be able to sell the product or even stock the product on the shelves. So they have a program set up to be a good corporate citizen as they have through the years. They are trying to stay competitive with their competitors who sell similar products and to keep their customers satisfied so they will continue to shop at Walgreen s. As Joe mentioned in his staff report and verbally to you that he has requested as a condition to be substantial compliance with the floor plan submitted we would like the flexibility and have no problem if the Board would define what substantial compliance would be if we would like the ability cause times changed to have up to no more than 2% of the shelf space devoted to beer and wine on display. And that the location that it showed in the floor plan would not deviate any more than one aisle either way. They don t anticipate at this point that much shelf space but as time goes on, times change more micro breweries surface in Plainfield and surrounding communities and people who are asking for particular micro brew then they want to have the ability to provide that or similar type of situation with wines but we are willing to put a maximum cap on of 2% on it to give them that flexibility down the road. With that we d be glad to answer any questions that the Board might have. We submitted findings of fact in support of our request. PLAINFIELD BOARD OF ZONING APPEALS !

11 Mr. Monnett: Thank you. I ve got a couple of questions for Mr. Chance if he wants to come up. Mr. Chance: My name is Kevin Chance. I m store manager at Walgreen s here in Plainfield, 1516 E. Main Street. Mr. Monnett: Is it strictly your thinking right now on aisle number 9, is that right. Mr. Chance: That is where we have put it in the stores that have already received it. Mr. Monnett: Similar floor plans to yours. Mr. Chance: Yes. Mr. Monnett: Is that by the pharmacy now? I can t remember. Mr. Chance: The pharmacy is at the opposite end of the store in the rear corner. It is on the same half of the store. Mr. Monnett: I ve been there a thousand times; I just can t remember where the numbers are. Mr. Chance: It s by the cooler it s not the cooler aisle but the next aisle over. Mr. Monnett: And stores similar to your store in size and volume that sell beer and wine right now. I know it is high demand but on an average how many deliveries do you think they would get a week, every other week? Mr. Chance: I haven t talked to the guys who have received the alcohol already. With most of our deliveries it s a one time a week though. Mr. Monnett: Still to the west side correct? Is that where they deliver too? Would the beer still come in the west side like UPS does? Mr. Chance: Yes. Correct. Mr. Monnett: That is all I have. Mr. Granner: I need to clarify one thing, apparently I said they only do beer and wine but they are getting a three way license from the State. Lisa can explain more of what that means than I can. I ve dealt with those alcohol permits for thirty or forty years and never have been able to keep them all straight. That permit would allow them to sell more than beer and wine. So I wanted to clarify that, at least initially that is not their intent but I guess they want the flexibility, I think CVS does all three from the get go and as I recall from the approval we got for Walmart four or five years ago did the same thing to PLAINFIELD BOARD OF ZONING APPEALS !

12 maintain that flexibility down the future as well, within the 2% limit. Mr. Cavanaugh: Mr. Granner, can you explain the 2% limit a little more that 2% stock value? Mr. Granner: Shelf space. Mr. Monnet: four rows? So on this drawing is that a half a row, two rows, Mr. Granner: Good question, I don t know if I have an answer. Mr. Monnett: Mr. Chance might be able to help us out on that, is it two rows I m thinking but Mr. Chance: Are you asking me what we have denoted on the floor plan right now? Mr. Monnett: Yes, what is 2% of the Mr. Chance: That is twenty-one linear feet and my aisles are 36 foot long on the front half of the store so it is what 2/3 of the front side of an aisle. So it is only on ½ of an aisle as your pushing your shopping cart down it. 21 feet is the max right there. Mr. James: Did everyone get a copy of the floor plan? Mr. Carlucci: I d like to add something about St. Susanna s, so far this year I ve been to a Little Flowers Festival on the east side and the Italian Fest downtown, and St. Susanna s is coming up in mid July and the Plainfield Police Chief has already signed off on their wine and beer permit for a two day festival. I have talked to Father Morris about this. He had the same reaction the last time I asked him about the potential grocery store that would go back. His point was, are you kidding, this is what we do we have the festivals we are the only church in town I think that does this. With the discussions I ve had over the last few years that is not an issue. Mr. Monnett: Ok. If there anyone here in the audience that would like to speak on behalf of this petition or against, please come forward now. Seeing none, I will close the public portion of our request and open it up to our Board for further discussion or possible motion. Mr. Cavanaugh: I d just like to make a clear clarification for the Board. I did a very quick unofficial calculation on 2% of shelving based on this drawing and I d be happy to pass this around but if you can look at the drawing and see where the beer and the wine is indicated that would be approximately four more spaces towards the top of the drawing. That is very rough but I think that would be about 2% of the shelf space as indicated in PLAINFIELD BOARD OF ZONING APPEALS !

13 this plan. So whether it is a couple or one less that is a reasonable representation. Mr. James: than half. That would be about half of an aisle, little more Mr. Cavanaugh: If there aren t any further comments I d be prepared to make a motion. I move that the Board of Zoning Appeals approve BZA s filed by Walgreen s co., requesting a Special Exception to allow the sale of alcoholic beverages for carry-out for the Walgreen s at 1516 E. Main St., subject to the following conditions. 1. Substantial compliance with floor plan submitted file date March 19, The sale of alcoholic beverages shall be only for the Walgreen s store at 1516 E. Main St. and is non transferable to any subsequent owner or occupant of the building or another store location. 3. Alcoholic beverages may not be refrigerated or chilled on site. Mr. Gibbs: Second. Mr. Monnett: I have a motion and a second. Mr. Carlucci, would you please poll the Board? Mr. Carlucci: Ms. Duffer- yes Mr. Cavanaugh- yes Mr. Gibbs- yes Mr. Monnett- yes Four ayes, none opposed, motion carries. Mr. Monnett: Thank you. BZA Daniel J. McCallister, 2067 E. Hadley Rd., is requesting a special exception to allow the Black Swan Brewpub to produce fermented and non-fermented products on site as well as to serve various alcoholic beverages. Mr. Monnett: Our next petition tonight is BZA Ms. Sprague: This petition is located at 2067 E. Hadley Road. It used to be the Hog Heaven just to help familiarize you with the location. It is zoned General Commercial and it is primarily surrounded by General Commercial although to the west there is some residential separated by the creek. There is a pretty good width of trees there along the creek. The Special Exception this time is to allow the serving of alcohol but they would also like to put in the micro brewery at this location so that they can create some drinks to go with the food that they have planned to serve. Their hours that they have stated would be between 11 AM and Midnight at the latest that would be on the weekends. The floor area that they have planned for the bar area is on their floor plan which they have provided to us which is 21%, in the PLAINFIELD BOARD OF ZONING APPEALS !

14 past we have limited that to 25%. The property is primarily surrounded by other Commercial restaurants that serve alcohol and even some hotels that serve alcohol. I know that the petitioner is here if you have any questions and let me know if you have any questions for me. Mr. Monnett: Thank you Ms. Sprague. Will the petitioner please come forward? Mr. McCallister: I am Daniel McCallister the business address is 2067 E. Hadley Road. Jill was able to explain everything to you very well. Former restaurant, used to serve alcohol and beer. Currently my liquor license application is for a 112 which is a beer and wine permit only. I have an option with that to apply for a which allows for hard alcohol sales but no carry out at all. The restaurant portion would be very I want to say normal it is going to be modern pub food things people are familiar with will be on the menu. The food will definitely be a key factor for us. Something that we want to bring to the table that is unique to the area and special import, and a big part of that is another facet of the business will be a brewery and we feel that great food and great beer go well together. Micro breweries, Brewpubs in general especially in the Midwest have a long history of combining very good food, very good beer and providing excellent service to their customers. As you can see by the floor plan we are also very focused on providing a family friendly environment with definitely majority of family dining available. So along with this variance we are requesting the ability to make tap soda pops as well to go along with the beer and this is something that would certainly plays into anyone who wouldn t like alcohol or wouldn t like beer with their dinner they can always have a great craft made soda pop as well. But also for children and anyone else who is interested. Overall I think it is a very exciting project and I am anxious to take any questions you may have. Mr. Monnett: I just want to make sure I understand, this is a totally new restaurant this isn t hog wild or whatever is out there. It is the same location as the Hog Heaven. How long have you been fermenting and non fermenting? Mr. McCallister: I started right after my undergrad. I went to Wabash College and majored in physics and there is a lot of science to it. To the food dynamics and everything in between there is a lot of science to beer brewing but also soda making. I started right out of college at Lafayette Brewing Company, I was there for about three years and I did some consulting for Indianapolis for Open Barrel, Barley Island, Alcatraz, and a few others. I ve moved on and I ve done some other things since then but always with getting back in the business though. Ms. Duffer: So why did you pick Plainfield? PLAINFIELD BOARD OF ZONING APPEALS !

15 Mr. McCallister: That is a great question. It was a combination of things. Before we actually had a location opportunity here my wife and I actually really liked the community. A. We felt it shared a lot of values with people here, the integrity, the honesty always comes out, especially when you read through some of the documentation the city has put together about where they see the city grow. We think it is very pretty community and the rec center alone it was just eye popping for us. At the end of the day it worked out really well because we had an opportunity to move into this former Hog Heaven location and because of this situation of the previous tenants there was equipment and food center available for us. As we talked about before the meeting, kind of enough downturn creates a pinch on a lot of businesses. Lending for start up restaurants is very limited. So we were able to move into this space and function on a cash in hand basis which we didn t have to worry about bank loans etc. So it was a combination of a lot of things that really brought us here. We are both very excited, as soon as our house in (inaudible) sells this will be our permanent residence. Mr. Monnett: Thank you. Question Mr. Cavanaugh? Mr. Cavanaugh: I have a question I guess really for Joe. Mr. McCallister mentioned that they also wanted to do the craft soda pop and I guess my question is, does that require a Special Exception or a Variance of any kind? Mr. James: No, Special Exception tonight is just for liquor sales. The micro brewery and the craft soda pop is a component of the restaurant which is allowed in the General Commercial, permitted use. Mr. Cavanaugh: This soda pop itself does not require any kind of exception or variance. Mr. James: Yes, that is correct. Mr. Monnett: If there is anyone here in the audience that would like to speak for or against this petition, please come forward. Seeing none, I will close the public portion and open it up to our Board for further discussions and or possible motion. Ms. Duffer: I am prepared to make a motion if there are no questions. I move that the Board of Zoning Appeals approve BZA as filed by Daniel J. McCallister, requesting a Special Exception to make and serve alcoholic beverages for onsite consumption at the Black Swan Brewpub at 2067 E. Hadley Rd. subject to: 1. Limiting this approval to the Black Swan Brewpub and the approval shall not be transferable to a subsequent owner/ operator of the tenant site. Mr. Cavanaugh: Second. PLAINFIELD BOARD OF ZONING APPEALS !

16 Mr. Monnett: I have a motion and a second. Mr. Carlucci, will you please poll our Board? Mr. Carlucci: Ms. Duffer- yes Mr. Cavanaugh- yes Mr. Gibbs- yes Mr. Monnett- yes Four ayes, none opposed, motion carries. Mr. Monnett: So when are you opening up? Mr. McCallister: We are currently waiting on of course this meeting was kind of a link for the building permit and once we get that we will be able to finish our build out, I think in the perfect world, end of July, but realistically I see us pushing to mid August or so because we are very focused on getting safe/ serve training for our kitchen staff, and getting excise serving training for our frontline staff. I think we are in a good position with the lease we have a little extra time like that and we are going to milk it for all it is worth. Ms. Duffer: Good luck. OLD BUSINESS/ NEW BUSINESS None ADJOURNMENT Mr. Gibbs: I move that we adjourn. Ms. Duffer: Second. PLAINFIELD BOARD OF ZONING APPEALS !