Here's something to think about before the meeting. . .
The claim was made in the WFHB Daily Local News that, "in a letter earlier this year, Bloomington Planning Director Tom Micuda told [Bethany] Steven that JBs Salvage can legally build the station because of a variance granted by the city's Board of Zoning Appeals (BZA) in 1984."
If this is the case, then Tom Micuda is mistaken and somehow Bethany also failed to include this letter in her permit application to IDEM. The variance granted in 1984 does not legally allow a Solid Waste Processing Facility to be built on the site.
After environmental contamination was discovered on the site in 1983, the 1984 variance was requested by the property owners, George and Mary Green, solely to bring the legal non-conforming non-complying business (Ed Green & Sons) that was operating in a residential district into compliance. This was done so that the Property could be sold to John Robinson (aka JB) with the assurance that the city could not shut down the business for the pre-existing non-compliance at a later date. John Robinson has recently (9-1-2012) leased this property to Bethany Steven (Indiana Recycling Resource).
As soon as IDEM approves the permit, they want to have the Solid Waste Processing Facility built before the citizens of Bloomington realize that we were lied to about the zoning. Then they can apply for their third non-conforming use variance to bring the illegal operation into compliance as a fait accompli where they can argue that "the strict application of the terms of the zoning ordinance will constitute an unnecessary hardship."
I invite you to download and read through the 1984 BZA REPORT to see if you can spot any of these statements:
"VARIANCE TYPE: Use to allow salvage yard in a RS zone."
"The houses in the area were built after the business."
"Francis Farrell ([automobile] salvage yard original owner's daughter) stated that she is surrounded by a [new illegal con-conforming use] "salvage yard" on three sides. Expansion over the years has increased the noise and fumes."
"Petitioner [Ed Green & Sons] considered rezoning. . . [but a variance] was selected as it would limit the use to a known use with low traffic and density requirements."
"Rezoning alone would open the land for uses, some of which would create heavy demands on the roads and utilities."
"Rezoning and PUD [Planned Unit Development] were not chosen because [John Robinson of JBs Salvage] is not prepared. . . to make the kind of decisions necessary to support a PUD request."
"The use variance is requested to eliminate the non-conforming aspect of the business; site plan review requirements will be imposed on the property when any expansion or modernization occurs."
"No expansion is planned by the current owner [Greene & Sons Salvage Company]."
"Peculiar condition in this case is that the property has existed as an [automobile] salvage yard since well before the enactment of current zoning."
"The use is established and [being unable to anticipate 30 years of downtown growth and development such as the B-Line Trail or Dandelion Village or ImagineBloomington] chances of bringing this property into compliance with the residential zone in which it is located [will be] virtually non-existent."
"The approval does not interfere substantially with the comprehensive plan."
"While the code intends for non-conforming uses to be brought into conformance, [without foreknowledge 30 years in advance of ImagineBloomington we believe that] the probability of the this property ever being used residentially is extremely minimal."
"The approval will not be injurious to the public health, safety, morals, and general welfare of the community."
"In fact this request will allow the clean-up of a potentially injurious situation."
And, in case you missed it, here it is again as it is clearly spelled out in the 1984 BZA REPORT:
"SITE PLAN REVIEW REQUIREMENTS WILL BE IMPOSED ON THE PROPERTY WHEN ANY EXPANSION OR MODERNIZATION OCCURS."
(Let me also point out that the residential parcel that they are planning to build the "recycling drop-off" center on is not covered by this 1984 variance at all, as it was purchased in 1990 and was never owned by Ed Green.)
Here's something to think about before the meeting. . .
ReplyDeleteThe claim was made in the WFHB Daily Local News that, "in a letter earlier this year, Bloomington Planning Director Tom Micuda told [Bethany] Steven that JBs Salvage can legally build the station because of a variance granted by the city's Board of Zoning Appeals (BZA) in 1984."
If this is the case, then Tom Micuda is mistaken and somehow Bethany also failed to include this letter in her permit application to IDEM. The variance granted in 1984 does not legally allow a Solid Waste Processing Facility to be built on the site.
After environmental contamination was discovered on the site in 1983, the 1984 variance was requested by the property owners, George and Mary Green, solely to bring the legal non-conforming non-complying business (Ed Green & Sons) that was operating in a residential district into compliance. This was done so that the Property could be sold to John Robinson (aka JB) with the assurance that the city could not shut down the business for the pre-existing non-compliance at a later date. John Robinson has recently (9-1-2012) leased this property to Bethany Steven (Indiana Recycling Resource).
As soon as IDEM approves the permit, they want to have the Solid Waste Processing Facility built before the citizens of Bloomington realize that we were lied to about the zoning. Then they can apply for their third non-conforming use variance to bring the illegal operation into compliance as a fait accompli where they can argue that "the strict application of the terms of the zoning ordinance will constitute an unnecessary hardship."
I invite you to download and read through the 1984 BZA REPORT to see if you can spot any of these statements:
ReplyDelete"VARIANCE TYPE: Use to allow salvage yard in a RS zone."
"The houses in the area were built after the business."
"Francis Farrell ([automobile] salvage yard original owner's daughter) stated that she is surrounded by a [new illegal con-conforming use] "salvage yard" on three sides. Expansion over the years has increased the noise and fumes."
"Petitioner [Ed Green & Sons] considered rezoning. . . [but a variance] was selected as it would limit the use to a known use with low traffic and density requirements."
"Rezoning alone would open the land for uses, some of which would create heavy demands on the roads and utilities."
"Rezoning and PUD [Planned Unit Development] were not chosen because [John Robinson of JBs Salvage] is not prepared. . . to make the kind of decisions necessary to support a PUD request."
"The use variance is requested to eliminate the non-conforming aspect of the business; site plan review requirements will be imposed on the property when any expansion or modernization occurs."
"No expansion is planned by the current owner [Greene & Sons Salvage Company]."
"Peculiar condition in this case is that the property has existed as an [automobile] salvage yard since well before the enactment of current zoning."
"The use is established and [being unable to anticipate 30 years of downtown growth and development such as the B-Line Trail or Dandelion Village or ImagineBloomington] chances of bringing this property into compliance with the residential zone in which it is located [will be] virtually non-existent."
"The approval does not interfere substantially with the comprehensive plan."
"While the code intends for non-conforming uses to be brought into conformance, [without foreknowledge 30 years in advance of ImagineBloomington we believe that] the probability of the this property ever being used residentially is extremely minimal."
"The approval will not be injurious to the public health, safety, morals, and general welfare of the community."
"In fact this request will allow the clean-up of a potentially injurious situation."
And, in case you missed it, here it is again as it is clearly spelled out in the 1984 BZA REPORT:
"SITE PLAN REVIEW REQUIREMENTS WILL BE IMPOSED ON THE PROPERTY WHEN ANY EXPANSION OR MODERNIZATION OCCURS."
(Let me also point out that the residential parcel that they are planning to build the "recycling drop-off" center on is not covered by this 1984 variance at all, as it was purchased in 1990 and was never owned by Ed Green.)
See Trash Transfer Truth for more info.
Sorry. I think that link above is locked.
ReplyDeletePossible working link for Trash Transfer Truth