PLAINFIELD BOARD OF ZONING APPEALS
December 16, 2010, 7:00 PM
CALL TO ORDER
Mr. Monnett: I will now call to order the Plainfield Board of Zoning Appeals meeting for December 16, 2010. 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- he is not here
Mr. Monnett- here
We have three members present, 1 vacancy, and one absent. We have a quorum for the purpose of conducting business.
PLEDGE OF ALLEGIANCE
Mr. Monnett: Would you please stand for the pledge.
APPROVAL OF MINUTES (November 15, 2010)
Mr. Monnett: I will now ask our Board for approval or amendments to our meeting from November 15, 2010.
Mr. Cavanaugh: Mr. Chairman I move to approve the minutes from the November 15th meeting as written.
Ms. Duffer: I will second.
Mr. Monnett: I have a motion and a second, all in favor say aye, thank you.
OATH OF TESTIMONY
Mr. Monnett: Those of you that in attendance tonight that will be testifying will you please stand for the oath of testimony.
Mr. Daniel conducted the oath of testimony.
PUBLIC HEARINGS
Mr. Monnett reviewed the guidelines governing the conduct of public hearings.
PETITIONS FOR PUBLIC HEARING
Mr. Monnett: Tonight our first petition is BZA-10-019, Mr. James.
Mr. James: Good evening Mr. Chairman and members of the Board. This petition is a request for a special exception to allow the serving of alcoholic beverages for Stewie's Bar and Grill to be located at Saratoga Shops, the address is 1070 W. Main Street, they are planning on taking the most western suites of the suites number 185 and 193, I think we all know where Saratoga Shops is located, it is at the northeast corner of Saratoga Parkway and Main Street. This is in the Saratoga PUD; this area was designated for general commercial uses so the request is compatible with the surrounding uses and with the zoning. You are familiar with the petitioner he was before the Board last month for a different location for the Stewie's Bar and Grill in the Main Street Shops, just north of Main Street on North Perry Road. I think the Main issue with the petitioners request is the proximity of the St. Steven's Lutheran Church which is on Concorde Road, it will be north west of the shopping center but it does comply with the State liquors license requirement that a church or school has to be at least 200 feet from the premises that serves alcohol and it was measured foundation to foundation and this site measures about 475 feet from the church so it does comply with our requirements so they are eligible to obtain an Indiana liquor license. They will take two of the suites, one of the suites will be the bar area and the other suite will be for family dining. That is pretty much it; Mr. Tucker is here if you would like to ask him some questions, so with that I will have a seat.
Mr. Tucker: Good evening, my name is Joseph Tucker, 14004 Princewood Drive, in Fishers, Indiana 46037.
Ms. Duffer: Mr. Tucker, I have a question. You were here last month for the other site, which I understand we are going to change the name of so this site is going to be the Stewie's Pub is that correct?
Mr. Tucker: Yes, it will be Stewie's Family Pub.
Ms. Duffer: And you will have family dining until what time?
Mr. Tucker: Family dining will be until 10:00.
Mr. Monnett: And your normal operation of hours?
Mr. Tucker: We will be open from 11 AM until midnight, Sunday through Thursday and until 1 AM on Friday and Saturday, and that is just depending on the crowd, it might be a little later, but I am anticipating closing by about 1 AM because that is usually when the traffic has died down.
Ms. Duffer: This type of atmosphere will be similar to the other ones you have opened?
Mr. Tucker: This will be my first one with family dining. It more suites the neighborhood there with the houses and the families that are there. We will have a full menu for the children, adults; we will have carry-out pizza until midnight. I don't think the last time I checked there is very many carry out pizza places close by there. Then with the soccer fields and everything else going right down the street, I think it is going to be a very good location for the families that type is more suited for the area than the other places that I have done.
Ms. Duffer: So you anticipate your sales to be the majority of family food and not the alcohol?
Mr. Tucker: Correct, I figure 801% food and 20% liquor.
Mr. Monnett: Thank you. If there is anyone in the audience that would like to come forward and speak for or against this petition please do so at this time. Seeing none, I will go ahead and close this portion to the public and open it up to our Board for further discussion or a motion.
Ms. Duffer: I'm comfortable with that if you don't anymore discussion I am prepared to make a motion. I move that the Board of Zoning Appeals approve BZA-10-017, as filed by Joe Tucker, requesting a special exception to serve/sale alcoholic beverages for on-site consumption in the GC district for Stewie's Bar and in the Saratoga Shops shopping center at 1070 W. Main St. suites 185 and 193 subject to the following condition:
1. Approval is only for Stewie's Bar and Grill at Saratoga Shops and is nontransferable to a subsequent business/owner/operator at the location, sorry, Stewie's Family Pub.
Mr. Cavanaugh: Second.
Mr. Monnett: I have a motion and a second, Mr. Carlucci would you please poll the Board?
Ms. Duffer- yes
Mr. Cavanaugh- yes
Mr. Gibbs is absent
Mr. Monnett- yes
Three ayes, none opposed, motion carries.
Mr. Monnett: Our next petition tonight is BZA-10-020 Gas America. Ms. Sprague.
Ms. Sprague: This one is for Gas America; it is going to be on the northeast corner of Vestal Road and Main Street. It is zoned primarily general commercial, it is zoned general commercial it is surrounded primarily by general commercial, to the north is a religious use and then a little bit to the northwest is the residential. The primary concern in this petition is the residential that is to the east. The petition they are requesting to allow the illuminated signage that will face that residential to the east. The reason we are not concerned about any to the north is because there isn't any signage that is actually facing north and there are generally buildings in between the residential that is in that area. The signs in particular, there will be a sign on the building on the east side but it is not planned to be illuminated so the only signs that are concerning this request are the signs on the east end of the canopy and the ground sign which will have their gas prices and such. This is the general location of the signs. I kind of estimated them on the aerial. So the ground sign is the one on the west and then the canopy sign is the other one. The residential is kind of faded out over here in this area and both of those signs will be facing to the east.
Mr. Monnett: Jill, could you go back to the first photo please, the red is actual (inaudible)
Ms. Sprague: That is where the Gas America will be located, yes. Because they are sub-dividing it so that the subdivision takes up this whole property here and the Gas America is only on this part of it, this will be an empty lot.
Mr. Monnett: And the sign on the east will be theoretically where?
Ms. Sprague: Somewhere about there I think, or just a little bit north of where that driveway is. I took some photos, this is from the Gas America site rather from the residential, but just to show you there are some trees in between there so hopefully they will have a little bit of screening from their side and then also there is a fence line at least for the first property. Again the only two signs the canopy sign and the ground sign are subject to this request. The DRC did recommend approval; they felt that the canopy lighting would have more impact than the sign would on the residents. The side is partially screened at this time. In the aerials there is the strip center and the cottages in back, those are actually going to be torn down so they won't be there to block any signage. Then in the findings of fact they have at first mentioned that they might not be open for 24 hours so I did put a condition in there that suggests that maybe if they are not open 24 hours then they don't keep the signage on but this would just be subject to the time that they decide to stay open for all 24 hours. I think that is it and the petitioner is here if you have any questions.
Mr. Monnett: Thank you. Would the petitioner please come forward?
Mr. Touhy: Good evening, Mr. Chairman and members of the Board of Zoning Appeals, my name is Brian Touhy and here with me tonight is Dennis Spiegel. 50 S. Meridian, suite 700, Indianapolis, In. Dennis Spiegel is the Vice President of the real estate development for Gas America. Thank you for hearing our petition. As Jill very adequately and accurately described, Gas America has agreed to buy about 1.4 acres at the corner of Vestal Road and US 40. As you have noticed, we are not buying that entire site. This site has some existing improvements which are typically are not in good condition but they would be removed as part of our purchase and as part of our development to the site. The site has an entrance here which we will share with the split out lot and I will show you how that will work in just a second. So we would propose to develop it would be about 1.4 acres of the site on the west side of the site, this entryway right here will then allow access to that east side of the site which would be left and the seller of that which is the owner of the whole site has indicated there may be a small strip center in that site or there may be a credit union, those are the two kinds of uses that have contacted him so far. But we will not have anything to do with that other portion of the site. Where we would propose to put our two signs is here, this one right here which is the ground sign, I will show you that in a moment, and also right here on the corner of the canopy. This is how the site will look when we develop it, here is Gas America's 1.4 acres and here is the remaining parcel here, here is the driveway that will get you into this site over here as sort of a point of interest they will also share access back here, that is this site will have an easement across here and it will also have an easement across here when it is developed. So here is our two signs one here that will be a ground sign so the rendering of the proposed sign on the canopy. This will be the front of the canopy which that does not face the residential development to the east but I wanted you to be able to see what that would look like, so this would be the view as you come in on the entrance on 40 then these are the two side canopy elevations. As you can see they are rather small, they are only 3.4 square feet so I would like to respectfully remind the Board, we are not looking for an increase in signage, nor are we looking for an increase in the size of the signs. The signage meets the Town's ordinances but because this site is located within 600 feet of residential district, the sign needs a variance to have them illuminated between midnight and 6 AM. So we are not seeking to increase the size or the number of signs. This is a new photo type station for Gas America, we just finished one in Greenfield, Indiana on the corner of Interstate 70 and State Road 9, if you are familiar with that intersection, Eli Lily just moved out there and this is the front entrance to that office park and this sign on the canopy is 25 square feet so our sign will be about an 1/8 the size of that and it would be right here. I mentioned that other sign was 25 square feet, this is 3.4 square feet, so it is significantly smaller but the reason that it is important to Gas America is that is sort of the going home side of that station, they expect the traffic coming west on 40 that will be the first time they will see that and it will be an important sign for them to be able to advertise their business. They have no problem with the suggested commitment or condition that Ms. Sprague mentioned and that is if they are not open 24 hours they will have that sign on the canopy off, they are of course going to agree. The ground sign again does not exceed the maximum size that the ordinance allows, but it is over in that corner but it is within the 600 feet of the residential district and it also requires a variance. They need that ground sign to show their price to folks on Vestal Road and also people traveling east on 40. This is what the ground sign actually looks like; they built this one in Greenfield recently. We will actually have a little more landscaping because your design standards are a little different that Greenfield and it may have a one foot grip base underneath it. The fact that the three of them, I think the variance will not be injurious to the public because it sits on a commercial corridor, US 40 and Vestal Road. It received a unanimous vote of approval from the Design Review Committee and also when we were before the Plan Commission for the Architectural Site and Design Review, the Plan Commission voted unanimously earlier this month to approve that so I think that is an indicator that it will not have an injury to the welfare of the community. The use and value of the area will not be effected in substantially in an adverse manor. The site is zoned general commercial so this is a use which is allowed in general commercial, the signage is allowed in general commercial that is the size of the sign and the number of signs. There are currently commercial uses across the street and we understand that there may be a McDonald's coming across the street from us. Gas America is going to invest almost three million dollars into this corner so it is a significant investment in a corner right now that I don't think is a developed to its highest and best use. I think that significant investment can actually have a positive impact on the value of property and surrounding area. The strict application is that if results in unnecessary hardship for the following reasons, there are two separate uses on our side, there will be a gas station/ convenience store Gas America, and then they will hope to have a Miami Grill restaurant which is kind of an upscale fast food restaurant. There is only one of them in the State right now and it is at the store in Greenfield and we hope that will be a business attraction to that neighborhood in that corner. The sign, you have sort of attention in your ordinance but your ordinance allows this type of signage and it contemplates this type of signage in this zoning, but when we are on a corner that happens to be in proximity to some residential uses then we have to get this variance and so I think there will be a practical difficulty in developing this site as you would expect to have possibly a 24 hour business on a State highway without getting that variance so I think that it does meet that practical difficulty standard. I'd like to share the history and information about Gas America. Gas America is an Indiana based company. They have eighty-eight stations in Indiana and Ohio. Their headquarters is in Greenfield. They have looked to come into the Plainfield community for four or five years that I have been involved and several attempts to come here just for one reason or another we couldn't reach an agreement with sellers, they actually tried to purchase the location across the street, the Larson's body shop, that just didn't work out. They think this is a good site and they are willing to make that substantial investment in the site. They did receive a unanimous recommendation for approval from the DRC and they received a unanimous approval by the Plan Commission of their site and development plan which did include this signage. We have sent out I think 38 notices and I have not heard from any of the surrounding properties to date on this issue, and for those reasons and the reasons in our presentation we would respectfully ask your approval of this variance and of course answer any questions you might have. Thank you for your time.
Mr. Monnett: Sir, on the north part of the property it would be the south side of the church but the north side of the gas station, that shared easement, I looked at this real quick so I apologize, is there any type of landscaping or fencing between you and the church or the property?
Mr. Touhy: There is landscaping and I'm sorry this plan doesn't show that but the landscape plan does. This area right here is all green area and landscape separating that drive from us and the church. Sorry I meant to mention that that church does add a feature to this, there will not be alcohol sales at this because of the proximity to the church and I meant to mention that in the presentation.
(Inaudible)
Mr. Monnett: Thank you.
(Inaudible)
Mr. Carlucci: If you are on 40 and you come up from the south, that sign, well can you show the location of the sign?
Mr. Touhy: It is right there.
Mr. Carlucci: So this is the sign that only has a front to it and no back to it so all the lights going out towards the southwest direction.
Mr. Touhy: Not north at all.
Mr. Carlucci: The closest residential property to the northwest is past the dental office isn't it?
Mr. Touhy: Yes sir. I think it is about a football field and a quarter, I think it is almost about 400 feet.
Ms. Duffer: And there is a privacy fence I think behind the dental office between them.
Mr. Touhy: Yes there is.
Mr. Carlucci: That kind of sign actually when light isn't going north or southwest.
(Inaudible)
Mr. Touhy: That is why we needed the variance.
Mr. Carlucci: Well I understand I am just trying to point out this in terms of the districts around there and the zoning is part of general commercial that is going to have little impact on any body's ability to sleep or anything else.
(Inaudible)
Mr. Carlucci: Well and you've got our street light backed up right there that will light up the road and I don't think the resident, I'm guessing the residents of that subdivision really won't notice that light on the canopy, compared to what you see in a street light.
(Inaudible)
Mr. Touhy: In our plans which we submitted will show that.
Mr. Carlucci: I'm just trying to get to the point on that, especially where it is located. It is pretty minimal sign and it meets the ordinance. That is where I am at.
Mr. Cavanaugh: On the canopy sign, does it say what type of bulb is used to illuminate the canopy sign; is that neon inside of that or fluorescent? So it will be the individual letters then?
Mr. Touhy: It will be.
Mr. Cavanaugh: Joe, have you received any comments from anyone in the neighborhood or anyone on the notification list?
Mr. Monnett: Nothing from Wedding Lane or properties to the north?
(Inaudible)
Mr. Carlucci: A lot of them came to the Plan Commission meeting; there were several people there that made comments. (Inaudible)
Mr. Monnett: If there is anyone here in the audience that would like to speak for or against this petition please come forward now. Seeing none I will go ahead and turn this over to our Board for any further discussion or a possible motion.
Mr. Cavanaugh: If there is no further discussion from the Board I am prepared to make a motion.
I move the Board of Zoning Appeals approve BZA-10-020, as filed by GasAmerica Services, Inc. requesting a variance to the development standards of the sign regulations to allow signage facing and within 600 feet of residential district to be illuminated between midnight and 6 a.m. on the proposed GasAmerica at approximately 620 W. Main St. with the following conditions:
1. Substantial compliance with the sign specifications file dated November 11, 2010.
2. If the business is not operating between the hours of midnight and 6 a.m., the signage my not be illuminated during these hours.
3. Prior to installation of any signs, an Improvement Location Permit (ILP) is required.
Ms. Duffer: Second.
Mr. Monnett: I have a motion and a second, Mr. Carlucci would you please poll the board.
Ms. Duffer- yes
Mr. Cavanaugh- yes
Mr. Gibbs is absent
Mr. Monnett- yes
Three ayes, none opposed, motion is approved.
Mr. Monnett: Our next one on the agenda is BZA10-022 Electronic Recyclers International Indiana, Inc.
Mr. James: This request is a special exception to allow a recycling facility in the I-3 manufacturing district at 2532 Airwest Blvd. We have some new developments concerning this request. The site was rezoned from I-2 to I-3 in 2001 and when they did the rezone they did some use restrictions to limit certain uses in the I-3 district and they restricted all special exceptions so if you see fit to approve this we have to approve it with the finding that it will be a conditional approval (inaudible) Plan Commission. This would have to go back to the Plan Commission to modify the zoning commitment. The proposed operation has characteristics of a recycling facility as defined by the Plainfield Zoning Ordinance because of the use of a crushing apparatus also that the processing and sorting materials that will occur inside the building, now while outdoor storage is allowed in the I-3 district, outdoor operations is not allowed at this site because it is within 600 feet of a gateway corridor which is South Perry Road. Petitioner states that there will be no outdoor operations or storage and no environmental impacts are expected with this use. Here is the site at the northeast corner of South Perry Road and Airtech Blvd. as you can see it is surrounded by a lot of warehouse buildings, it is smack in the middle of the I-2 district and these two parcels were rezoned together 2001 to I-3 and this one was also rezoned an I-3 in 2001 with similar use restrictions. Here is the original site plan that they submitted but they made some changes, they are now going to move this floor plan to this corner of the building so they will now use the northwest corner of the building and they would still like to lease out the rest of the space to three other users. They also have to add some scales to the northwest corner, it shows their diagram of how the trucks will come in the land and they will unload. They also have to do some fencing for four loading spaces for security reasons where they may leave trucks overnight. So before this operation is allowed in the I-3 we have to amend the zoning commitments but we can do it subject to modification of the commitments and then since all operations will be indoors and there will be no outdoor storage or operation, there is no negative impact or expected to surrounding properties, except for deliveries at doors are to remain closed at all times. Four different users maybe using the building, more auto parking is proposed so what measures can be taken to avoid circulation conflicts and make sure there is enough parking for all uses and then any other issues that need to be addressed to provide the Board with a comfort level for this request. So with that I will have a seat and their representative is here that will be glad to answer your questions and they have a DVD that takes about 10 minutes that they showed to us but it does a great job of explaining what the company is about and what their operations consist of, so I think we are going to show that to you.
Mr. Daws: Thank you Mr. James, Good evening Mr. Chairman and members of the Board, my name is Jerry Daws, I'm with Republic Property Company, our address is 4392 Peachtree Road, Atlanta Georgia. I am here representing the ownership of 2532 Airwest Blvd. and we are currently in negotiations with Electronic Recyclers to occupy approximately 160,000 feet in our building that is obviously subject to your approval of this special exception. I wanted to give you before Mr. James shows you the DVD; I wanted to give you a little bit of a background on the particular use here. ERI's I will refer to them will be making an investment in the neighborhood of 4 ½ to 6 million dollars in equipment to go into this facility and in addition will be spending approximately $650,000.00 to $700,000.00 in new construction and improvements into the building. If you are aware the building already exists and (inaudible) in one quarter of the building and we are currently negotiating with two other tenants to take the balance of this space not occupied by E.R.I. This facility will hopefully be up and operational in early March timeframe. It will ultimately full operation and will employ somewhere in the neighborhood of 200-300 new employees in the Plainfield area. So we are very excited, this is what I like to refer to as not your typical grandfathers recycling center this is a very sophisticated advanced center that specializes in electronics, they take away all of the cell phones, flat screen televisions, monitors, mouse's, everything we seem to burn through a very regular basis, they take away and recycle it 100%, nothing goes into a landfill and as you will notice one reason we need the force of trailer spaces fenced in, is they end up recycling an awful lot of very expensive commodities, gold, silver, copper and so occasionally those are in trailers to depart the site but the overnight we need to secure the site. So with that I would be happy to answer any questions first Mr. James will show the DVD and then I would like to bring up Mr. Aaron Blum, who is one of the co-founders of Electronic Recycler's. Thank you.
Mr. Novicky: Good evening Mr. Chairman and Board members, my name is Larry Novicky; I live at 1133 Rutlandview Drive, Davidsonville, MD. I am the Director of Business Development for Electronic Recyclers.
Mr. Blum: My name is Aaron Blum, I am one of the co-founders and Chief Compliance officers for Electronic Recyclers International and I reside out of the corporate headquarters at 2860 S. East Ave. Fresno, California.
Mr. Novicky: We would welcome the opportunity to address any questions or provide you any additional information over and above what was provided in the video. We look forward to the opportunity of expanding our operations here in Plainfield, Indiana. We currently have an operation on North Post Road, Indianapolis where we are employing between 50 and 60 individuals. We look to increase that here if we move to Plainfield in the neighborhood of 200-300 individuals to be employed. We think Plainfield is an excellent location for logistics and for opportunities for Electronic Recyclers International and we want to be a good neighbor for any area that we move into.
Ms. Duffer: I have a question about the noise level of your facility. Just after seeing the video, I am assuming that it is pretty loud inside there but on the outside if I was to drive up to the facility or go in, do you have like a main office or an office there where you can talk to customers and how is that insulated for when I would walk up to the front door, can I hear the activities that is going on inside?
Mr. Blum: You would not be able to hear them and we also do what we call IH monitoring and hearing monitoring once a year or we have a third party CIH come in and they do noise monitoring throughout the facility and also IH monitoring which is the Industrial Hygiene monitoring. So those results are available to anybody that would like to see them upon us moving into the building or other buildings that we currently operate in now.
Ms. Duffer: And that is part of your compliance?
Mr. Blum: Yes it is.
Mr. Cavanaugh: Do you create any hazardous or toxic materials in recycling?
Mr. Blum: Well in electronics there is hazardous materials, you've got lead, cadmiums, you've got mercury, and what our job is as a company is keeping that stuff out of landfills and handling them properly. So yes there are hazardous materials that come in with the electronics.
Mr. Cavanaugh: And they go out the same way I presume to other manufacturers or re-users that take that raw material and have different function for it?
Mr. Blum: That is correct and to give you an example with CRT's what we do is once the glass for example is where your lead component is, once it is gone through our crushing process and the metal has been separated out, it goes directly to a glass manufacturing plant where they remake new CRT's with that CRT glass. The mercury tubes that come out of your LCD's those are pulled out and those actually go out to a light bulb recycling company and we do not actually recycle the light bulbs that come out of them. Then you have such things as your circuit board which actually has lead on it once it goes through our shredding operation and separated out it goes off to a precious metals refinery where they melt it down and separate the precious metals.
Mr. Cavanaugh: Are there environmental standards you would have to meet with the storage and handling of those materials inside the facility?
Mr. Blum: That is correct; we have to meet IDEM's regulations.
Mr. Cavanaugh: Then shipping those materials becomes the responsibility of the shipper.
Mr. Blum: That is correct.
Mr. Cavanaugh: I know Mr. James commented that there will be no exterior storage incoming or outgoing materials whatsoever?
(Inaudible)
Ms. Duffer: Do you ever anticipate a 24/7 type operation?
Mr. Blum: No, Fresno is kind of the beta that we are going to put here and hopefully in the Plainfield area and that will be two shifts and that would be our max. Just to let you know we have eight facilities throughout the United States. Fresno what we call is our corporate headquarters. The same type of technology that you saw there on the video is the same technology that will be going in here and the Indianapolis facility, then we are also duplicating that in Massachusetts so it will be three of those types of facilities across the nation and then we have five other what we call feeder that it will be a little bit of recycling that will feed into those three so they can run them through the machinery that we have.
Mr. Cavanaugh: So your facility here would be fed by those other feeder facilities? And you have probably a regional or a large area draw that then provides the raw materials if you will for your facility here?
Mr. Blum: Correct and just to give you an example our largest national client is Best Buy, we do 75% of their recycling for Best Buy across the nation so that would be an example of a feeder. That will be feeding the equipment throughout the Midwest and even the south right now.
Mr. Novicky: And at the time we are providing new electronic recycling for over 50% of the solid waste management districts here in Indiana, we look for that to expand.
Mr. Cavanaugh: Do you have any contact with the Hendricks County Waste Management?
Mr. Novicky: Yes sir, we are handling their material now.
Mr. Cavanaugh: Ok, very good.
Ms. Duffer: In your other sites across the Country do you have facilities just like this where you rent out, you have a larger warehouse and then some of that space is rented out to other types of facilities and do you have any problems or are you looking for other similar kind of partner to go in with you? Does it compliment your business or it doesn't matter what comes in on the other side of the warehouse.
Mr. Blum: It doesn't matter to us because the commodities that we generate, the only client that could possibly come in there that could compliment our business would be a refining operation and obviously there is no refining operations, those all go out to other areas.
Mr. Daws: If I could also, being the owner of the building we are obviously concerned because we have some other vacancies and existing tenants. Other owners actually visited the facility in Fresno, so we put our eyes and our ears and feet to understand the impact of the noise or the top operation and we came away believing there would be no impact to our existing tenant or to limit our ability to lease to other users. We look very forward to having ERI in the building but we didn't want to create a situation where they were the tenant and no one else would go in the building so we convinced ourselves that we were ok in that regard.
Ms. Duffer: Ok, thank you.
Mr. Monnett: Thank you gentlemen. I will ask if there is anyone in the audience that would like to speak for or against this please come forward now. Seeing none I will open it back up to our Board for further discussion or possible a motion.
Ms. Duffer: If I could have clarification from Joe, you said that if we approve this then it still has to go…
Mr. James: Yes it will be subject to approval by the Plan Commission amend the zoning commitments.
Ms. Duffer: I'm comfortable with this.
Mr. Monnett: Yes.
Mr. Cavanaugh: Yes. I'm prepared to make a motion. I move that the Board of Zoning Appeals approve BZA-10-022, as filed by ERI, requesting a special exception to allow a recycling facility at 2532 Airwest Blvd subject to the following conditions:
1. Substantial compliance with site plan and floor plan submitted file date December 9, 2010.
2. There shall be no unenclosed outdoor storage of materials and except for deliveries; doors shall remain closed at all times.
3. This is a conditional approval subject to the final approval of the Plainfield Plan Commission.
Ms. Duffer: Second.
Mr. Monnett: I have a motion and a second, Mr. Carlucci will you please poll the Board.
Ms. Duffer- yes
Mr. Cavanaugh- yes
Mr. Gibbs is absent
Mr. Monnett- yes
Three ayes, none opposed, the motion is approved.
OLD BUSINESS / NEW BUSINESS
Mr. Monnett: Old business Mr. James?
Mr. James: We do have one item under old business. Stewie's Bar and Grill that was approved last month, they are going to change the name and the condition that was made for the approval it said limited to Stewie's Bar and Grill, so they would like to change the name to KT's Pub so we need a motion to change the approval to KT's Pub.
Ms. Duffer: I make a motion to approve from Stewie's to KT's Pub
Mr. Cavanaugh: Second.
Mr. Monnett: We have a motion and a second, Mr. Carlucci would you please poll the Board?
Ms. Duffer- yes
Mr. Cavanaugh- yes
Mr. Gibbs is absent
Mr. Monnett- yes
Three ayes, none opposed, the motion carries.
Mr. James: That is all that we have for tonight. Thank you.
