WASHINGTON — Three requests were denied Wednesday by the Washington Board of Zoning Appeals after neighbors objected. Bob Freeman had requested a conditional use for property he was purchasing on contract at 13 Maysville Road. Board President Don Spillman explained to the crowd that filled the City Council Chambers at 200 Harned Ave., that a conditional use allowed the property to be used for a noncomplying purpose only while the person granted the conditional use owned the property. Freeman was asking that he be allowed to store wrecked and inoperable vehicles in a fenced-in cement area he planned to erect on the property. He explained that he would be towing in vehicles and storing them until the owners or insurance companies picked up the vehicles or approved them being disposed of. “I plan to build a shop and run a wrecker service,” Freeman explained. “All would be behind a fence, nothing in public view.” He also said there would be some vehicles for sale displayed in front of the business and the building would be 30 x 40 feet. City Councilman Joe Fleck addressed the board, saying he was speaking on behalf of the neighbors. “We’ve made great strides in cleaning up Washington,” Fleck said. “I’ve got nothing against business, but I can see it going downhill. Representing the neighbors, I’m asking you not to grant this.” Fleck also mentioned the traffic that might emanate from that type of business. A neighbor of the proposed business, Pam Bynum, said she rents the house she’s living in, but has been in contact with the owner, who lives in Florida, and presented a letter against the proposed business to the board. Freeman said he purchased the property a few years ago, but a health problem prevented him from building at that time. He said he was assured by the past building commissioner that starting the business at that site wouldn’t be a problem. Spillman quizzed Freeman about a pond on the property and the possibility of water runoff and contamination from oil or gasoline spills. “I planned to build a concrete pad in the holding cell with oil and water separation system,” Freeman said. “I’m not going to run a junkyard. It’s a wrecker service. I’m not in the parts business.” The board voted 7-0 to deny the conditional use. The results were the same with a variance and conditional use request from Harley D. Hagemeier Jr., with the vote being a little closer. Hagemeier was asking for a variance on property he owns at 1506 N. Sugarland Road to build a building with 12-foot sidewalls and larger than allowed in the residential suburban zone his property is in. He was also seeking a conditional use to store tools and light equipment for a carpentry/insulation business on the property. Hagemeier explained he would like to tear down an old dilapidated garage and build a 40 x 60-foot building with a drive-through to hold four vehicles and store odds and ends. The drive-through would allow for his two trailers used in his business. The final footage would be about 3,400 square feet, with a 10-foot door. Spillman pointed out that outbuildings can be no larger than that of the house, and Hagemeier’s house is 800 square feet. Hagemeier said they would be adding on to the house in the future, but want to replace the garage first. He also explained that if receiving shipments for his business at the property, he could arrange to have it delivered to another address. “This isn’t a ‘foot traffic’ type business,” he said. Spillman asked about the possibility of chemicals or product getting into a pond at the back of the property, but Hagemeier said the products are all stored on the trailers and he has clean-up kits to handle any spills. “I’m concerned about the environment,” Spillman said. “We have to look at what could happen, not just now, because with a variance it stays with that property forever.” Board member Vic Hopkins asked Hagemeier if he couldn’t do the same work with a 1,200 square foot building. Hagemeier explained that he needed room for a workshop, as well as room for projects with his three children, his business and room for their vehicles. A neighbor, Dan Lannan, spoke up in opposition to the variance as the proposed building is four times the size of the house. “I object to the size and to the conditional use, Lannan said. “I’m not opposed to a 1,200-square-foot building.” In trying to search for a solution, Hagemeier asked if he could build more than one outbuilding, but Building Commissioner Chris Wimmenauer said the way he understands the code, building can only cover 35 percent of the property and that would be a 1,200 sq. ft. outbuilding. Three other neighbors spoke against both the variance and the conditional use. Mike Burris told the board he lost money on another house because of a neighbor’s conditional use and didn’t want that to happen again. Sonny Myers told the board it was a “very nice residential area. Sure there are some outbuildings, but they’ve been there for years.” Natalie Smith told the board: “They’re (Hagemeier) going to put this huge building right in their front yard. You can’t put the cart in front of the horse. Buy the property and then want a conditional use. It affects the integrity of the neighborhood.” Another neighbor, Luke Bean, said he was concerned with the safety of children in the neighborhood and what could happen if a business goes in. “Having all the plans in the world doesn’t mean that’s what happens down the road. Put yourself (board members) in the neighborhood. How would you feel impact wise. What happens in five years if they move out and someone else moves in?” When Hagemeier asked what options he had for his property, the board’s attorney, Jeff Norris, said the board was only there to hear this case. “They’re not here to tell you what you can and can’t do other than what’s before us. The existing structures are non conforming and were grandfathered in. With a new building, you fall under the zoning code and it’s pretty tight.” Spillman explained that the board couldn’t take into consideration the properties that were “grandfathered” in when zoning was established or that were a mile or half mile or even three houses away. “We have to look at the request in front of us,” he said. “You can’t use other property as a precedent-setting situation. Your test has to stand alone. If it (the code) doesn’t permit it, it is excluded.” When Hagemeier pointed out that the new building would add to the value of his property, Spillman said they also had to consider the affect on neighboring property. “I understand adding to your individual property,” Bean said. “Maybe it adds to your property value, but come on, this is a substantial structure bigger than anybody’s house.” Hopkins suggested the board vote on the conditional use and if it is turned down the need for the big building will probably make the variance a moot point. The board voted 5-2 to turn down the conditional use, with Dave Crooks, Bill Summers, Hopkins, Greg Haag and Spillman voting no and Dan Gress and Dan Grannan voting yes. Haag explained his vote, saying: “You (Hagemeier) came in here asking to bend the rules. The way I look at it and the way I thought this board was set up, if one person comes through the door with serious opposition then I’m going to vote against it.” The vote denying the variance was 6-1 with Grannan the only vote in favor of granting the variance. Hagemeier told the board he and his wife, the former Andrea Horrall, have wanted to move to Daviess County from Knox County for the past 15 years, and were happy when this property came available. They thought it would be no problem moving his business as there is a business across the road. Following the meeting, Hagemeier said he didn’t think there was a problem until one of the neighbors wanted to purchase part of his property and he said no. He said he would probably be building a 1,200-square-foot garage. In other business Gil Young The board approved a conditional use for Gil Young to operate a personal fitness training business at his home, 1802 Parkdale Drive. Young said he has off-street parking and the business will be operated out of his garage. The maximum customers at any one time would be two and no equipment will be outside. No one objected to the conditional use. Kevin Stoll The board approved a conditional use for Kevin and Luann Stoll to operate a home day care and to increase maximum sign size at their home, 708 SR 257. The day care is licensed for 12 children with a maximum of 16. There is off-street parking for four, and the 3 x 5 sign will be back 50 feet from the right-of-way. The approval was contingent on Wimmenauer approving the placement of the sign. No one objected to the conditional use. New forms Spillman passed out a possible new form for those seeking variance or conditional use that would make things clearer for the board, explaining, “Zoning restricts what you can do with your property.”