The Bartholomew County Board of Zoning Appeals has tabled a conditional use request to allow a group of nearby residents who oppose the application more time to meet with their lawyer.
The board voted on July 24 to continue a request from Max Henry for conditional use approval to allow a retreat center in the Agriculture: General zoning district at 13200 Bellsville Pike in Ohio Township. According to assistant planning director Melissa Begley, the request will be continued to the board’s Aug. 28 meeting.
According to the planning department’s staff report, there are two accessory buildings on the 56-acre property that the applicant wants to use for a retreat center. Henry previously submitted applications for an event venue at the same property, which were heard by the board in December of 2020 and July of 2021.
“Both requests were denied,” staff wrote. “Despite the denials, the applicant has been operating an event venue on the property in violation of the zoning ordinance.”
The business is known as Henry Chateau.
The preliminary staff recommendation is to approve Henry’s retreat center request subject to several commitments, which are as follows:
- Events will be limited to 50 attendees (not including organizers, caterers, facilitators, guest speakers, etc)
- Events will end by 10 p.m. (not including clean-up time)
- No bands, live music or DJ services shall be used on the site
- The site shall remain “substantially wooded”
- No additional structures will be constructed on the property without prior approval by the Board of Zoning Appeals and would be considered “an expansion of the retreat center use”
- Any lighting installed on the property will be limited to “90 degree cut off fixtures that will not exceed 0.1 foot candles at the property line”
Additionally, staff wrote that while Henry said some of his adjacent properties could provide housing and recreational opportunities, these properties are not included in his application. Therefore, they cannot be used in conjunction with the retreat center, assuming it is approved, unless a subsequent application including them is also approved.
Per Henry’s application, the retreat center would be used for “professional, educational or religious meetings and conferences during which meals and recreation will be provided and for which housing shall be available.”
Residences to the north and east of the subject property are lots on Grandview Lake and are separated from the property by a large, wooded area owned by the Grandview Lot Owners Association, according to the staff report.
During Henry’s previous application to turn the site into an event venue in July of 2021, about 50 to 60 individuals attending the Board of Zoning Appeals meeting in person, and several offered their opinions on the concept. A number of speakers, including some Grandview Lake residents, spoke out against the request.
David Flohr, chair of the board, said at the board’s most recent meeting that they had received a notice requesting the extension from attorney Tom Vander Luitgaren, who has been engaged by Grandview resident Don Lucas to remonstrate.
According to Flohr, Luitgaren said he’d had “insufficient time to review the application and meet with my client to confer about it.”
Lucas clarified that he and several other individuals have hired Luitgaren to represent them in this matter. He added that they were seeking more time to work with both the attorney and the board of the Grandview Lot Owners Association.
Attorney Tara Herlitz, who spoke on behalf of Henry, said that he did not object and would request a one-month continuance, though anything longer — such as the 60 days requested by Lucas — would not be desirable.
