The Chesterton Advisory Plan Commission talked at length Thursday about how potentially to speed up a petitioner’s hearing before the town’s Board of Zoning Appeals so he can open an environmentally friendly dry cleaners.

Although two BZA members who also sit on the Plan Commission were present, no one made any representations to Louis Vasconi that his petition in fact would be expedited, let alone approved.

The BZA meets next Thursday and Vasconi was told if he can have his paperwork in order, the BZA could choose to waive the time limit for filing for a preliminary hearing, but that would take a unanimous vote.

He said he’s willing to ask for a special BZA meeting and pay the $900 fee to speed up what is typically a 60-day process because he wants his dry cleaners up and running Aug. 1 for the end-of-summer rush.

Vasconi said a problem arose when it was determined that the space he wants to lease in the Galleria strip mall along Indian Boundary Road is governed by its own planned unit development (PUD) ordinance that bars on-site laundries.

Associate Plan Commission attorney Julie Paulson confirmed that Vasconi can ask the BZA to waive that restriction, or ask the Plan Commission to modify the PUD itself. She recommended going to the BZA because changing the PUD would require both Plan Commission and Town Council action.

Paulson said in order to waive the filing deadline the BZA would have to determine that an emergency exists.

Vasconi said he’s been working on his project since December and wants to be open for the busy late-summer dry cleaning season. Eleni Makris, speaking for her father building owner Peter Makris, said Vasconi’s customers will increase traffic for other businesses in the Galleria.

“It is of urgency to us,” said Eleni Makris. “Whatever we need to do to make this happen on an expedited method, we’re on board.”

Plan Commission and BZA member Fred Owens said not so fast. Speed is not always in a petitioner’s favor, he noted, because a BZA decision is subject to a legal challenge. Also, a poorly drafted petition risks being rejected; if so, there is an 18-month wait to reapply.

No matter what track or timetable his request takes, Vasconi’s petition will be the subject of a future public hearing.

Commission member Jeff Trout reminded that Vasconi can start work outfitting Makris’ building prior to the BZA taking action, but building commissioner Dave Novak said that would be at Vasconi’s own risk.

Commented commission member George Stone, “If you didn’t get the variance, you’ve wasted that effort.”

Commission and BZA member Sig Niepokoj told Vasconi, “Take nothing for granted that you’ll get what you want at the BZA.”

Vasconi was not on the commission agenda and spoke from the audience Thursday under public comment. Commission member Emerson DeLaney said as a Town Councilman he supports Vasconi’s green initiative but he has to follow the rules.

Vasconi said he’ll consider his options and weigh if he wants to risk losing any improvements he’d make prematurely in the building.

In other business, the Plan Commission’s months-long effort to update Chesterton’s comprehensive plan limped along with little discussion and was unanimously continued until the June 17 meeting.

Posted 5/21/2010