Batesville Herald Tribune, Batesville, Indiana

Local News

December 10, 2013

BZA members approve one variance, deny two

Batesville Board of Zoning Appeals members listened to two applications for variances and one for a home occupation permit, but only gave their approval to one.

Jerry Ertel asked for a special exception variance, which would allow him to purchase precious metals at 1030 State Road 46 E. “I’m currently open 13 hours a week (with Gotcha Covered Paintball) and want to expand to purchase precious metals. If I made purchases, they would go directly to a refinery. It would not be a retail store.

“As far as expected traffic, I would be happy to see two people in those 13 hours .... Hopefully, it will give me a little bit of edge to keep Gotcha Covered open .... The sign will remain the same size or smaller,” he noted.

President Dave Raver said Ertel is in a Business-4 zone. “This is basically a zone that was created to allow areas made up primarily of homes to operate as an office .... The one thing that B-4 prohibits is retail sales and services. The additional business Jerry is asking for is not retail sales, but probably is a retail service.”

He revealed that in 2005 when Gotcha Covered was approved, there were stipulations that “there were to be no outside business supplies, but we all know you set a lot of stuff out front, golf carts and trailers. That’s clearly an expansion of your business operation.”

Ertel said he would remove the outside items as soon as possible.

Raver asked members to consider, “Is the purchase of precious metals enough of a retail service that it doesn’t meet the spirit of B-4?”

Member Darrick Cox remarked, “I think the paintball part would be a definition of retail, but I would not consider the buying of precious metals as being in that category at all.”

Referring to the occasional items that are set in Ertel’s yard, Mary K. Cambron stressed, “The business has to be paintball and precious metals and nothing else.”

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