At Least One Person Still Unhappy With Decision of Fall Creek Board Of Zoning Appeals

Legacy Bible Church conceptual plan, as submitted to the Fall Creek Township Board of Zoning Appeals, including 300 parking spots

The Legacy Bible Church received unanimous approval from the Fall Creek Board of Zoning appeals September 27th, granting a special exception allowing plans to move forward with their construction of a church along Howe Road, just north of the Fishers city limits.  However, Mike Henn, a resident in the area of the planned house of worship, is still unhappy with the decision of the board.

Henn told LarryInFishers most of the crowd at the meeting were part of the church congregation in favor of the zoning measure, but he said roughly 10 people from the neighborhood were also in attendance opposing the variance.

According to Henn, the city listed 7 elements that must be met to qualify for a special exception under the Uniform Development Ordinance.  In Henn’s view, the church did not meet all seven conditions.

Megan Schaefer from the Fishers City Planning and Zoning Department wrote the staff report on the request, which recommended approval by the board, as long as a list of conditions were met by the church.  Two of the major commitments made by the church include  not housing a daycare, school or preschool at the church facility.  Also, Legacy Church must  seek to preserve the existing vegetation as identified in a written concept plan.

LarryInFishers asked to speak with the Fishers City Planning & Zoning Department about this staff report, but the city did not respond to that request.

The Fishers City Council approved a new Unified Development Ordinance last August, allowing special exceptions in certain instances, such as houses of worship.  Legacy Bible Church requested the zoning variance under that provision of the ordinance.

The new proposed church building would be a 20,000 square foot structure with 300 parking spaces and a detention pond for storm water management.

Mr. Henn says he was not the only one at the zoning board meeting opposed to this project.  “I was glad to note that I wasn’t the only one that wasn’t for it,” Henn said.

Henn described the guidelines explained during the meeting as “pretty grey stuff,” particularly one dealing with excessive expense.

There are no plans to challenge the decision in court, Henn said, but he maintains that he and others in his neighborhood are not pleased with the process in this case.

 

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