ZBA OKs used auto lot, animal shelter permits

By Sheryl Roadcap - sroadcap@sidneydailynews.com

SIDNEY —The Sidney Zoning Board of Appeals approved two conditional use permits for a used auto lot and the new animal shelter on Thursday.

The board’s newest member Mary Paulus was welcomed by Board member Richard Sommer, who was running the meeting in the absence of Board Chair Tom Ehler. Paulus fills Randy Rose’s remaining unexpired term that will expire June 30, 2023. She also currently serves on the Sidney’s Compensation Commission. Board member Jim Weaver was also absent Thursday.

The board granted the request of Brandon Johnson for a conditional use permit for motor vehicle sales at 104 E. North St. in the B-5, Court Square business district.

Community Development Director Barbara Dulworth said motor vehicle sales is appropriate for the location, and that the property had a similar use in the past. She recommended the board grant the request with the following conditions to address any potential negative effects upon surrounding development:

• Minor maintenance and repair of motor vehicle shall be permitted only in enclosed bays, with doors shut during repair activities;

• No maintenance or repair of vehicles shall be permitted except those vehicles being offered for sale on site;

• No more than 10 vehicles shall be displayed for sale at any time;

• Pavement must be repaired, restored, marked, and remain in good condition;

• Any signage or changes to the outdoor lighting must be approved; and

• Parking or storage of inoperable or junk vehicles shall not be allowed;

Of the conditions listed, Johnson told the board he was concerned about the no repairs of vehicles except those being offered for sale condition. He said if a customer needs a vehicle fixed that they just bought, as the vehicles he is selling are used, he needs to be able to address the problem. He expressed concern about taking care of his customers so he does not loose customers. He also noted the importance of word of mouth about his business.

The board approved the request with the conditions Dulworth listed but adding the business has 90 days to repair purchased vehicles.

In other business, the board also approved the request of Freytag and Associates, on behalf of the Shelby County Commissioners, for a conditional use permit for a kennel at 610 Gearhart Road the B-2, community business district. The intended use of the property is the Shelby County Animal Shelter.

Dulworth told the board, county officials, and Freytag & Associates as their architect, consulted with Sidney city staff in the development of the property prior to the annexation being completed, however no official action could be taken until the annexation was complete and zoning established.

The permit was granted under the following conditions:

• Any enclosure, structure or building in which animals are kept shall be at least 100 feet away from any S or R District and at least 50 feet from any B-1 District. The majority of the kennels are located on the west side of the building, Dulworth noted, and are facing toward property owned by Shelby County and occupied by the Shelby County engineer. These properties are located in Clinton Township, A-1, agricultural district.

• Any exercise runs shall be enclosed on all exterior sides by an opaque, well maintained fence or wall at least six feet in height. Each exterior kennel is enclosed by the building wall and an opaque screen on two sides. A six foot chain-link fence is proposed for the adjacent exercise yard on the west side of the building. While fence is not opaque as required by this section, the siting of the development to the east side of the property provides a wooded buffer of approximately 220 feet between the fenced area and the adjacent property to the west.

• Plans for exterior on-premises signs and outdoor artificial lighting shall be approved by the Board of Appeals. Plans for exterior on-premises signs and outdoor artificial lighting shall be approved by the Board of Appeals. Plans for exterior lighting have been submitted and reviewed by the engineering department. Dulworth said no sign permit application had been submitted at this time.

• Any signage or changes to the outdoor lighting must be approved by the city of Sidney.

• Existing woods to the west accomplish the opaque screening required for outdoor exercise areas. In the event that the adjacent property to the west is transferred to ownership other than Shelby County, a minimum buffer of at least 50 feet of woods must be maintained adjacent to the property line.

• A minimum of 33 parking spaces are required at the facility.

By Sheryl Roadcap


Reach the writer at 937-538-4823.

Reach the writer at 937-538-4823.