Variance approved

A sometimes contentious, sometimes confused meeting resulted in approval for a rural Portland couple to operate a car sales business from their residence.

Portland Board of Zoning Appeals approved a use variance request Tuesday for Randy and Karla Hopkins to operate the business out of their property at 863 S. 100 East.

The board had jurisdiction over the decision because the property falls within the city’s 2-mile buffer for zoning.

Randy Hopkins explained that he has operated the business from 809 N. Franklin St., Portland, where he also had rentals. He no longer has the rentals there and would like to sell that property and instead run the business from his home.

Susan and Morton Pugh, who own land at the southwest corner of county road 100 East and Indiana 26 near the Hopkins property but do not live there, attended the meeting in opposition to the variance request. Susan Pugh argued that Hopkins did not face an undue hardship to justify the variance. She also said it could increase traffic and noise, hurt property values, set a bad precedent and goes against the goals of the zoning ordinance.

Tim Bray, who lives in the area, spoke in support of granting the variance, saying the property has always been well-kept.

Through the course of discussion, the Hopkins clarified that they do not plan to sell vehicles at the property. Instead, it will be used for detailing and repair work, with the vehicles then moved to a separate lot owned by Randy Hopkins’ cousin on Meridian Street in Portland to be sold. They would also handle office work for the business from their home.

“It’s not going to look any different than it does right now,” said Karla Hopkins.

Discussion revolved around how many vehicles would be kept at the property, whether the board should limit that number as part of the variance and if vehicles would be sold there.

At one point, Susan Pugh said she was OK with the variance before pulling back on that statement because of concerns about vehicles at the property. Later, Hopkins said he would withdraw the request for the variance but ultimately did not.

The board went through a motion to approve the variance and multiple efforts to amend that motion before rescinding everything and starting over. It ultimately voted to approve the variance with the stipulation that vehicles not be sold from the residence. Larry Petro, Aaron Loy, Kyle Cook and Emily Goodrich voted in favor. Ron Laux was absent from the meeting.

Jay/Portland Building and Planning director John Hemmelgarn also made clear that the variance applies only to the Hopkins couple. The property would revert to regular zoning rules if it is sold or otherwise passed on to another owner.

Following the approval, Susan Pugh asked about the limit for vehicles on the property. Goodrich responded that there was no limit, after which the Pughs walked out of the meeting.

In other business, the board:

•Re-elected Petro as chair, Loy as vice-chair and Cook as secretary.

•Appointed Jay/Portland Building and Planning assistant director Patti McLaughlin as recording secretary. 

•Learned that Goodrich has been appointed to fill the final year of Virginia Burkey’s term on the board following her resignation.