OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Clarksville Board of Zoning Appeals Meeting - April 22, 2026

Town Council & CommissionsWednesday, April 22, 2026
BodyClarksville, Indiana
SessionTown Council & Commissions
DateWednesday, April 22, 2026
StatusFILED
Video Record
0:00 / 51:15

Transcript — Verbatim
0:01

I will call the ordering appeals to order.

0:08

The first order of business is the Pledge of Allegiance.

0:36

Okay.

0:37

All right.

0:38

The next item is the approval of the minutes.

0:44

Um everybody got them in their emails.

0:52

I think we've all signed the carry.

0:54

We have a motion to approve the minutes.

0:58

Is there a second?

1:02

All in favor.

1:07

All right.

1:10

The first order of uh citizen old business is V26.

1:19

Um variance for a proposed auto auction at 125 West Lewis and Clark.

1:24

J Butner will be attending.

1:29

John Kraft will be representing them.

1:31

Yes.

1:32

I I presume since this was tabled, are you so read a staff report or I I have one.

1:37

We have one member that was not here at the last meeting that has not heard me read it.

1:41

So I'm good.

1:42

I will go back through it again.

1:44

All right, this is V 26006.

1:48

Uh Jim Butner Auto at 125 West Lewis and Clark.

1:51

The applicant is requesting a use variance to hold auto auctions at a used car dealership at 125 West of Lis and Clark.

1:57

The dealership has been in operation for many years, and the applicant recently came into the office, uh the planning and zoning office for a zoning affidavit to expand into auto auctions.

2:07

But while selling cars is permitted in the zone, auto auctions are not.

2:11

The applicant decided to pursue a use variance.

2:13

In their narrative, the applicants state that they wish to hold auto auctions around once a month during normal business hours, which are listed online as nine to seven on weekdays and nine to six on Saturdays.

2:23

There will be no amplified sound or new construction.

2:26

Staff would be on site to direct and control parking, and all auto all auction vehicles would be on property.

2:31

No overnight or extended events would occur.

2:34

This item was presented to members of the TRC.

2:36

Clarksville police did have some concerns, including hours, customer volume, and frequency.

2:41

These current concerns could be addressed through conditions set by the BCA, some of which were already offered by the applicant in their narrative.

2:47

The question has also been raised about the storage of vehicles, particularly when they would be brought in or sent out, and how long they would be on the property and what condition they would be in.

2:55

Some of these questions still need to be addressed.

3:04

So it's a very mixed district.

3:37

Other auction operations in the area are mixed in terms of how they are organized, with some being professionally run uh and others being more haphazard.

3:45

This site is big enough, and the applicant has stated they would direct traffic on the property, so this concern is somewhat mitigated.

3:50

The use and value of the area adjacent to the property included in the variants will not be affected in a substantially adverse manner.

3:56

It's unclear what this would do to surrounding property values.

3:59

The site is currently used to sell cars, uh sell used cars.

4:02

Auto auctions are related and people would still be buying cars.

4:06

Uh the difference in auctions is that more people tend to show up at one time.

4:10

Uh most of the surrounding area is commercial, which is unlikely to be affected, uh, but there is some residential to the rear that could be negatively affected, especially if cars for auction are stored for long periods of time before the actual event, or if they are in a state of disrepair.

4:24

Uh C, the need for the variance arises from some condition peculiar to the property involved.

4:29

There is no condition peculiar to the property that would require this variance.

4:32

The site has been successfully used for the per uh permitted car lot for years and can continue operating that way even without the auction component.

4:40

Uh and D, the strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to this property for which the variance is sought.

4:47

Not allowing this could limit additional revenue options, but the business is operating successfully without the current permitted uh with the current permitted use.

4:55

Uh the approval does not interfere with substantially with the comp plan.

4:57

There is no direct applicability to the comp plan.

5:01

And F there must be an extraordinary need for a use variance economic gain is not considered an extraordinary need.

5:07

There is no extraordinary need for the variance.

5:09

So the conditions or commitments, depending on how the board finds, if it does approve, there are three recommended conditions that I've uh laid out here in the staff report.

5:20

So if approved, auction should be limited to once per month during regular business hours.

5:25

If approved, the BDZA should establish how long cars for auction can be stored and require all cars to be operable and not wrecked in any way.

5:32

And if approved, the varied variants shall be valid for a period of six to twelve months, at which point the applicant can seek a renewal or extension.

5:42

And as you can see in the exhibit summary, there is a set map, a zone map, and the applicant's original narrative.

5:47

Also in your packet is the another narrative submitted by the applicant yesterday.

5:53

Uh so this was sent out to you all this morning, and I did print it out as well.

Discussion Breakdown — Share of Meeting
Zoning Variance█████████████████████████████████████████████91%
Procedural████9%
Summary of Proceedings

Clarksville Board of Zoning Appeals Meeting - April 22, 2026

The Clarksville Board of Zoning Appeals met on Wednesday, April 22, 2026 at 7:00 p.m. at the Clarksville Administration Building. The board voted on a use variance for an auto auction, tabled a variance for semi-truck parking, and approved a sign variance. Board members present included David Davis, Lois Englebretson, Rick Riggle, Kenny Brown, and Cary Stemle.

Consent Calendar

  • Approval of Minutes – The minutes from the March 25, 2026 regular session were approved unanimously.

Public Comments & Testimony

  • Bob Peters (Clarksville Schwinn, 111 W Lewis & Clark) – Expressed support for the auto auction variance (V-26-0006), stating he saw no problem with property values and describing the applicant's operation as clean and neat.

Discussion Items

  • V-26-0006 – Use Variance for Proposed Auto Auction, 125 W Lewis & Clark – Staff presented the original staff report and a supplemental narrative from the applicant. Attorney John Kraft (Young Lynderson Kraft) appeared on behalf of applicant James "JB" Butner. The applicant sought a use variance to hold auto auctions approximately once per month during normal business hours (weekdays 9-7, Saturdays 9-6) at an existing used car dealership. Staff noted auto auctions are not permitted in the B2 zone but are mentioned in I1 with a special exception. The applicant argued that state licensing requirements create a practical difficulty and that the property is large enough (over 5 acres) to accommodate the use without negative impacts. Applicant James Butner testified that auction vehicles would be stored on site for a limited time (30 days for repossessions), that cars would be operable and not wrecked, and that buyers would pick up vehicles within 24 hours. The board discussed conditions, including a one-year trial period beginning with the first auction. The board also considered whether to set a 6-month or 12-month review period and opted for 12 months.
  • V-26-0008 – Use Variance for Semi Parking, Koetter Drive – Staff reported the applicant (Apex Trailer) requested a use variance to develop a parking lot for 81 semi-trucks and trailers on a vacant 4.98-acre parcel in the Veterans Parkway Corridor Zone (VPCZ). Parking as a principal use is not permitted in any zone. The applicant's representative, Clifton Carter, stated the project manager was unavailable and could not answer key questions about the property's history or need. The board voted to table the item at the applicant's request so the primary project manager could attend a future meeting.
  • V-26-0009 – Variance for Signage, 501 E Lewis & Clark – Staff reported the proposed wall sign extended above the roofline, violating the ordinance (table 200-6-1). The previous business had a similar sign installed in 2011. David Michael (SES Branding) explained the new sign is nearly 50% smaller (161 sq ft vs. 346.5 sq ft) and shorter (60 inches vs. 82 inches). He noted the pylon sign is difficult to see due to vegetation, making the wall sign necessary for wayfinding. The board found that strict application would result in a practical difficulty, as a compliant sign would be only about 8 inches tall. The board approved the variance with no conditions.

Key Outcomes

  • V-26-0006 Approved – Motion to approve the use variance with conditions: auctions limited to once per month during business hours; all auction vehicles must be operable and not wrecked; the variance is valid for 12 months beginning with the first auction; the applicant must notify staff of the first auction date; the applicant agreed to all commitments in the original narrative (no amplified sound, no new construction, staff on-site for traffic control). Vote: unanimous.
  • V-26-0008 Tabled – Motion to accept the applicant's request to table passed unanimously. No vote on the variance.
  • V-26-0009 Approved – Motion to approve the sign variance based on the sign being smaller than the original and the distance from the road causing visibility concerns. No conditions. Vote: unanimous.
  • Adjournment – Meeting adjourned after a motion and second.

Meeting Transcript

I will call the ordering appeals to order. The first order of business is the Pledge of Allegiance. Okay. All right. The next item is the approval of the minutes. Um everybody got them in their emails. I think we've all signed the carry. We have a motion to approve the minutes. Is there a second? All in favor. All right. The first order of uh citizen old business is V26. Um variance for a proposed auto auction at 125 West Lewis and Clark. J Butner will be attending. John Kraft will be representing them. Yes. I I presume since this was tabled, are you so read a staff report or I I have one. We have one member that was not here at the last meeting that has not heard me read it. So I'm good. I will go back through it again. All right, this is V 26006. Uh Jim Butner Auto at 125 West Lewis and Clark. The applicant is requesting a use variance to hold auto auctions at a used car dealership at 125 West of Lis and Clark. The dealership has been in operation for many years, and the applicant recently came into the office, uh the planning and zoning office for a zoning affidavit to expand into auto auctions. But while selling cars is permitted in the zone, auto auctions are not. The applicant decided to pursue a use variance. In their narrative, the applicants state that they wish to hold auto auctions around once a month during normal business hours, which are listed online as nine to seven on weekdays and nine to six on Saturdays. There will be no amplified sound or new construction. Staff would be on site to direct and control parking, and all auto all auction vehicles would be on property. No overnight or extended events would occur. This item was presented to members of the TRC. Clarksville police did have some concerns, including hours, customer volume, and frequency. These current concerns could be addressed through conditions set by the BCA, some of which were already offered by the applicant in their narrative. The question has also been raised about the storage of vehicles, particularly when they would be brought in or sent out, and how long they would be on the property and what condition they would be in. Some of these questions still need to be addressed. So it's a very mixed district. Other auction operations in the area are mixed in terms of how they are organized, with some being professionally run uh and others being more haphazard. This site is big enough, and the applicant has stated they would direct traffic on the property, so this concern is somewhat mitigated. The use and value of the area adjacent to the property included in the variants will not be affected in a substantially adverse manner. It's unclear what this would do to surrounding property values. The site is currently used to sell cars, uh sell used cars. Auto auctions are related and people would still be buying cars. Uh the difference in auctions is that more people tend to show up at one time. Uh most of the surrounding area is commercial, which is unlikely to be affected, uh, but there is some residential to the rear that could be negatively affected, especially if cars for auction are stored for long periods of time before the actual event, or if they are in a state of disrepair. Uh C, the need for the variance arises from some condition peculiar to the property involved. There is no condition peculiar to the property that would require this variance. The site has been successfully used for the per uh permitted car lot for years and can continue operating that way even without the auction component. Uh and D, the strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to this property for which the variance is sought. Not allowing this could limit additional revenue options, but the business is operating successfully without the current permitted uh with the current permitted use. Uh the approval does not interfere with substantially with the comp plan.

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