01-28-13 Agenda & Packet - Laserfiche WebLink

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Area Board of Zoning Appeals—December 5, 2012 MR. VISSER PASSED OUT PHOTOS TO THE BOARD AT THIS TIME MR. VISSER: The first one is just the image of the area and as you already noted it's next to residential unit on Belmont. The circle portion is where they're proposing to put the tattoo and body piercing parlor and then if you notice right to the west on Belmont I live two houses in and that's the area we're talking about. And there's one copy of a black and white photo, that shows the side lot of this property that we're talking about and if you'll notice the building on the side is a ministry revival center. And I know that for the Special Exception is you can't be within 500'of a religious use organization. I'm not sure what the revival centers operating hours are. I don't attend there but one thing I think that would have to be considered before we even move from square one. Also as the Board's already noted there's in fact two driveways on Belmont Ave. Out in front,that's where our children play as well as in the back. In fact the four adjacent next to this lot,the four houses next to it there are seven children in those houses and I mean as a father of young children it's a major concern for me. And there was also mentioned that this is a fine arts studio. I believe two units down on Mishawaka Ave., I believe it's called Mack's Blacks fine art studio, they have paintings. I'm not aware that any of the people here had an issue with that or that they needed any special zoning approval. I think we're all here because of the tattoo and the body piercing portion part of it. And on the Board's web site,directed to the Indiana Code Sections that the Board would wave in considering these types of Special Exceptions. And it said that those must be addressed in the petition for the variance. The petition that I received,the notice that I received didn't have any of that in it, it just had a, it says a Special Exception for a Body and Tattoo. And now I'm hearing more about closing driveways and not sure what all the plans are. But under Indiana Code 36-7-4-918.4 the first issue of consideration is to be the safety, morals, and general welfare of the community. First of all I want to raise the safety of the children during the hours of operation. We try to watch our children every second, but unfortunately that's not entirely possible and we just don't want to have to deal with this close to our homes. My lot is actually 45' from the lot where it's proposed going in. I'm not real good with those dimensions but that's about a first down and a half, that's how close we are to this building or this property. Also just the adult clientele going in there and the infectious waste. I understand there's regulations and standards but it's just one other thing we don't need in our community. As far as the morals and general welfare, I mean the residents of the area are here to speak on behalf of that. It's something that you didn't have to consider in the prior petition for the tattoo and body piercing, simply because either there weren't residents next door to that unit or the residents didn't care. And we definitely don't have the same situation here. AIso I'm here to talk about what type of buffer. I can't picture Evergreens on this lot right now. It's dilapidated to say the least but Evergreens 12' apart aren't going to do much of anything as a buffer in that area, And they're saying how dilapidated it is and how this would spruce up this community, we're the home owners,we live there. I moved there seven years ago and this unit, yeah doesn't look pretty but we knew that going in. And we wanted to find a home to raise our children in and now we've had the children,there's no way I'd move, if I had to do all over again if there was a tattoo and body piercing parlor, obviously I wouldn't have moved there. The second one in the Indiana Code was, how it would affect the use of the adjacent area or property values therein. I don't have any specialist report of an assessor or anything, but I can't imagine that our property values in the neighbor of residential units next to other tattoo parlors in the city, I'd like to see those because I can't imagine that they hold up. And also being the value of the property is being whatever a willing buyer is ready to pay at 42