ZBA OKs variance, 2 permit requests

By Sheryl Roadcap - sroadcap@sidneydailynews.com

SIDNEY — A variance and two conditional use permit requests were approved during the Sidney Zoning Board of Appeals (ZBA) during its Monday meeting.

The first request OK’d by the board was made by Cargill Inc. for a variance to construct a building at 2400 Industrial Drive that does not meet the height/setback requirements. The property is located in the I-2, general industrial district.

The proposed building, labeled as preparation building, said Barbara Dulworth, community service director, has a maximum height of approximately 100 feet for a tower on its east side. The zoning code limits building heights in the I-2 district to no more than the distance from the building to the center line of the nearest adjoining street. The distance from the nearest point of the preparation building to the center line of Industrial Drive is 68.08 feet.

Cargill representatives provided the following information about the proposed building height, Dulworth said:

• The building height is dictated by the process equipment stack up. Much of the system is gravity flow of solids from one piece equipment to the next, to ensure even spread out over the width of the equipment.

• Due to the space constraints at the site due to the NFPA 13 boundary of 100-feet of restricted area around the solvent extraction plant, the preparation building cannot move any further north away from Industrial Drive. Other constraints of the site, including the railroad tracks and the 139kV power lines that cannot move [and] would prevent from moving the solvent extraction plant north to allow the preparation building to move north.

The board voted in agreement with city staff that the requested variance is appropriate due to the unique use of the property, requirements for Cargill’s processes and the constraints of the property.

The request of Justin Bergman for a conditional use permit was also approved for a motor vehicle repair business on the west side of South Lester Avenue. The property is located in the B-2, community business district, Dulworth said, in which motor vehicle repairs, not including body and fender work or painting, are permitted. It is allowed as a conditional use with conditions listed in zoning code as well as any additional conditions the board may impose, she noted.

This property is currently undeveloped. A site plan is under review for a 12,000-square-foot building for a new business which will include repair, assembly and the sale of off-road vehicles.

While the sale of the vehicles is a principally permitted use, requiring no special review by the ZBA, Dulworth said, the repair component requires a conditional use permit.

The conditional use permit for motor vehicle repair does not include outdoor storage of motor vehicles. Parking of vehicles awaiting repair or pick-up is a necessary accessory to the use, but otherwise vehicles may not be stored outside on this property. Storage of vehicles outside while awaiting repair or pick-up should be limited to a maximum of seven days.

Dulworth said city staff feels the requested motor vehicle repair use is appropriate for this location, but the surrounding development must be considered and any potential negative effects addressed. The board approved the requested conditional use with the typical conditions listed in the zoning code, as well as the following:

• No outdoor storage shall be permitted;

• No body or fender work or painting shall be permitted;

• All repair activities must take place in the completely enclosed building;

• The business must obtain all necessary permits and inspections to comply with all applicable local, state, and federal codes.

The final request granted by the board Monday was by Adella Arthur for a conditional use permit for a home occupation, specifically to bake products for sale, at 901 Spruce Ave. The home is located in the R-1, single family district.

Along with the conditions laid out in the zoning code for home occupations, the board granted the request for a conditional use permit to operate a baking business as a home occupation with the additional following conditions:

• No one other than members of the household will be employed at the residence;

• Any client/vendor appointments for the home occupation must be conducted solely between 7 a.m. and 7 p.m., Monday through Saturday, with no appointments on Sunday;

• Appointments must be scheduled so there is no less than 15 minutes between the end of the one appointment and the beginning of another;

• No outdoor storage or display shall be allowed. One sign, no more than 12-foot by 12-foot, mounted flat against the wall of the residence shall be allowed with approval of a permanent sign permit;

• A backflow prevention device must be installed and the inspection report submitted to the Shelby County Health Department as well as the city utilities department;

• Any public advertisement may not include the address of where the home occupation is being conducted. The address must be removed from the webpage for the business and any other public advertisement;

• The business must be conducted in compliance with all federal, state, and local laws and ordinances.

All granted requests will next be forwarded to the Sidney City Council for recommendation for final approval.

By Sheryl Roadcap


Reach the writer at 937-538-4823.

Reach the writer at 937-538-4823.