Clarksville Board of Zoning Appeals Meeting – December 17, 2025
Clarksville Board of Zoning Appeals Meeting – December 17, 2025
The Clarksville (Indiana) Board of Zoning Appeals met on December 17, 2025, with a three-member quorum. The board approved prior meeting minutes, signed findings of fact from a previous vote, heard three variance requests, and recognized Building Commissioner Rick Barr on his retirement. It granted a pole-sign variance for a Kia dealership, granted a dumpster-enclosure variance with conditions, and denied a front-yard carport variance.
Consent Calendar
- The board approved the minutes of the previous meeting by voice vote.
- The board reviewed and signed the written findings of fact from the prior meeting's vote; the attorney explained that the document formalized board action already taken.
Public Comments & Testimony
- Greg Miner, identified as CFO and co-owner of the Clarksville Kia store, testified in support of the sign variance, saying Kia America requires the proposed signage as part of a rebranding and that the same sign package is used at other dealerships.
- A contractor for the dumpster-enclosure applicant, Jared Manila, stated that the planned enclosure would be wood-fence style and asked whether a concrete slab or foundation was required.
- Giovanni Romero Dela Cruz, son of the property owner, spoke in support of the carport variance, saying the goal was to protect cars from snow and rain and that no electricity or lights would be added.
- No audience members offered testimony against the proposals during the public comment periods.
Discussion Item: V25-0014 – Kia Pole Sign Variance
- The applicant's representative, Greg Miner, requested a variance for a proposed 10-foot-wide, 30-foot-tall pole sign at 826 East Lewis and Clark Parkway.
- Staff reported that the sign face would be 300 square feet, exceeding the 80-square-foot maximum; the 30-foot height exceeded the 25-foot maximum; and the solid base would provide no clearance, while 6 feet of clearance is normally required.
- The property is zoned B2 and surrounded by other B2 properties. The existing sign on the site is eight feet taller than the proposed sign and would be replaced in the same location.
- Staff found no likely adverse impact and noted the Kia rebranding could have a positive impact, but staff concluded that the practical difficulty was self-created because Kia uses the same sign package at multiple locations.
- The applicant argued that Kia America imposed the sign design, making the difficulty not self-created. Board members agreed to change that finding and to add conditions.
- The board granted the variance subject to the applicant obtaining a sign permit and submitting an engineering report covering wind and structural loading.
Discussion Item: V25-0016 – Corner Lot Dumpster Enclosure Variance
- The applicant requested a variance to construct a dumpster enclosure in the corner front yard at 1030 Eastern Boulevard, the site of a bakery.
- The property is zoned EBCZ, borders other Eastern Boulevard properties and R1 properties, is about one-quarter acre, and has a building of just over 4,000 square feet.
- Staff explained that there is no side or rear yard location because the building is too close to the property lines; the dumpster is currently unenclosed in the parking lot.
- The ordinance requires dumpsters to be enclosed and accessory structures to be set back, and fire code requires dumpsters to be at least 5 feet from the building.
- Staff recommended a setback or bollards to protect the adjacent property at 408 Windermere, noting dump trucks have been known to knock down enclosures.
- The contractor said the planned enclosure would be wood-fence style. Staff stated that wood fencing is permitted with a staff-level waiver and that the base must be able to handle the dumpster and truck load.
- The board approved the variance with a condition of a 4-foot setback from the Windermere property line and installation of bollards between the property line and the enclosure. All other construction standards still apply.
Discussion Item: V25-0017 – Front Yard Carport Setback Variance
- The applicant sought a variance to allow a carport in the corner front yard at 435 North Sherwood Avenue. The posts had already been placed essentially on the property line, but no roof or siding had been installed.
- The lot is about 0.17 acres, the principal structure is 1,227 square feet, and there is already a two-car garage on the property.
- Staff reported that the structure would be 85 feet from the intersection and would have no walls, which largely alleviated visibility concerns, but staff could not rule out a safety problem.
- Staff found no practical difficulty: the lot is regularly shaped, and the carport could be shortened by about 9 feet to align with the house, or placed between the garage and the house with the driveway extended.
- The applicant said the carport was intended only to cover cars from snow and rain, with no electricity or lights. The building commissioner noted that, per building code, the carport would have to be attached to the existing garage.
- The board denied the variance, citing uncertainty on safety and failure to show a practical difficulty peculiar to the property. The denial was unanimous.
Key Outcomes
- Approved the previous meeting minutes and signed the findings of fact from the earlier vote.
- V25-0014: Granted the Kia pole sign variance with conditions requiring a sign permit and an engineering report. The three-member board voted in favor unanimously.
- V25-0016: Granted the dumpster enclosure variance with conditions of a 4-foot setback, bollards, and compliance with construction standards. The three-member board voted in favor unanimously.
- V25-0017: Denied the carport setback variance. The three-member board voted in favor of denial unanimously.
- Recognized Building Commissioner Rick Barr's last Board of Zoning Appeals meeting; he will retire in January after about 10 years with the town.
- The meeting was then adjourned by unanimous voice vote.
Meeting Transcript
Where's the findings of fact? Is this right off no? Are these opening? Yeah, you can use that. Are we ready? I'm sorry, those were it's this one right here. Oh, that's it, okay. So far, I think we followed the case. We're just missing we're just missing K. No, we're missing Rick. Rick. Can we do it with the case? Are we okay with three? We're three is the quorum. Okay, and are we doing it it in two or one? Um let's uh let's call the order and we'll go. Okay. Yeah. All right. I'd like to call the uh Clarksville Board of Zoning Appeals meeting for December 17th to order the first order of business is the pledge allegiance. I pledge allegiance to the flag of the United States and to the republic for which it stands. One variation under God individual. The first order of business would be to approve the minutes. And Alex, do you want us to approve the minutes and then approve the finding of facts? Um I actually don't think that that matters so much. It's just it's just um more of a formality of the findings effect. Because the findings of fact you you already voted on those. I just did my best to try to take your words during that vote and put them on paper. So I mean I think if you just look at it, agree with it. If it says what you said last time, then I think I'll do it a float, you can just sign it. Okay. Oh, you you don't need us to vote? Well, the findings of fact you already voted. Okay, gotcha. If you agree that what is on that paper is what we voted on, I think you're just formalizing what you're doing. All right, so the first the next order of business is to approve the minutes. Yes. Do I have a motion to approve? Okay. All in favor? The three of us, I guess. All right. And then um, you heard what our attorney said about the findings of fact. We've already voted on those. Do either of you have an issue with what you read in the findings of fact. I do not. Okay. I do not either. So we're fine, we'll just sign them. Yeah, I mean you got the vote last month was basically I couldn't type that up in real time.
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