Kokomo Tribune; Kokomo, Indiana

Local News

December 14, 2012

Tease stripped of zoning

Appeals board decision will likely land establishment in court

After nearly two-and-a-half hours of deliberation Thursday night, the Kokomo Board of Zoning Appeals decided a gentleman’s club on 107 E. Markland Ave. wrongfully expanded their business.

The city gave Tease a notice of violation after the establishment removed a wall while renovating the building. Because the building was in place before current laws were put in place, Tease was considered a “legal non-conforming business” and needed to adhere to a specific set of regulations to maintain that legal status. One regulation is that a legal non-conforming business cannot expand more than two times, and each time may not expand the existing floor area more than 10 percent. Once a business has violated those regulations, they lose that status.

“We’ve heard no evidence to hear that [the expansion] was not at least ten percent,” said Brian Zaiger, attorney for the city. “They’ve lost their prior ability to operate as they had been. The use of the property reverts to the regular zoning ordinance, which does not allow adult entertainment.”

Current zoning laws do not allow a sexually-oriented business to be in certain proximity to schools and churches, several of which lie within that proximity.

In response to the notice of violation, the owners of the establishment filed an appeal, which was heard by the Board of Zoning Appeals. Brian Oaks, attorney for the establishment, argued that there is no proof that the club was expanded twice over the period of construction. Oaks further maintained that the removal of the wall in question did not, in fact, expand the club more than 10 percent each time. The only measurement available at the meeting was a drawing done to show electric circuits, and its accuracy was unknown.

The attorneys for the city and for Tease debated how to interpret the language used in the zoning ordinances, as well as whether it was the city’s responsibility to tell the club that they were unlawfully expanding.

Mike Ridenour, BZA member, voted to support Tease’s appeal.

“If this bar closed tomorrow, it wouldn’t bother me in the slightest. But I do recognize their right to exist within the laws that are set,” Ridenour said. “We are talking about putting these people out of business and wasting a lot of their money on numbers which are iffy at best.”

The board voted against the appeal in a 3-1 vote. Brett Morrow, one of the owners, said he was “disappointed,” but didn’t wish to comment further.

Oaks said he does not believe Tease is required to close.

“So long as the appeal is pending, I think we’re allowed to stay open,” he said. “They can ask for an injunction if they want to. And then, of course, there are trial rules that govern whether that would be granted or not granted. The ruling today does not shut this down.”

Megan Graham is the Kokomo Tribune business reporter. She can be reached by phone at 765-454-8570 or by email at megan.graham@kokomotribune.com.

1
Text Only | Photo Reprints
Local News
  • Higher ed chief rolls out class load campaign INDIANAPOLIS (AP) — Indiana's higher education commissioner wants college students to get the message that they should take at least 15 credit hours each semester if they expect to graduate on time. Commissioner Teresa Lubbers on Monday kicked off a

    July 29, 2014

  • Illinois man leads police on high-speed chase PERU — An Illinois man driving at speeds of 120 mph led officers from three counties on a high-speed chase Sunday before crashing into a utility pole. Peru police say Isaac K. Hoefling, 31, Lamont, Illinois, was first pulled over by Howard County dep

    July 28, 2014

  • Gary Rhum bringing music lessons to Catholic school Rhum Academy of Music's owner is set to give all students at Sts. Joan of Arc & Patrick School music lessons next year as part of the school's curriculum. When Gary Rhum talks about why he loves to teach kids music, the long-time performer and instru

    July 28, 2014

  • Permanent road closure has Miami Co. residents worried PERU — Residents who live near a safety-flare company that’s expanding north of Peru spoke out against a proposal to permanently close a section of county road that runs through the company’s facilities. Orion Safety Products, located at 3157 N. 500

    July 28, 2014

  • One killed in overnight wreck One person was killed in an overnight car accident involving a car and semi in the northbound lands of US 31 near the junction with US 931. Rescue crews from the Galveston Volunteer Fire Department and Kokomo Fire Department responded to the scene. C

    July 29, 2014

  • Commission postpones rezoning vote for Functional Devices land TIPTON — Residents of Prairie Acres subdivision will have to wait at least two more weeks to learn the fate of a pair of zoning requests from Functional Devices. At Monday’s regularly-scheduled bi-weekly county commissioners meeting, city-county plan

    July 29, 2014

  • The Annex 01 Move-in date approaching at The Annex of Kokomo A new apartment complex catering to Indiana University students is ready for occupancy. Some students will be able to move into The Annex of Kokomo, located across the street from the IUK campus on Washington Street, as early as Aug. 1, while the maj

    July 28, 2014 6 Photos

  • Teachers worry about revamped ISTEP test INDIANAPOLIS (AP) — Indiana teachers heading back to classrooms starting this week are facing the daunting task of preparing students for a standardized test that's been retooled for the third time since 2009. Some teachers and district administrator

    July 28, 2014

  • NWS - KT072514 - Maconaquah celebrates 50 years - CLG Maconaquah alumni return to celebrate school's 50th anniversary Many fond memories were shared recently as 50 years of Maconaquah graduates gathered to celebrate as many years of Maconaquah High School history.But for all the reminiscing that took place, there was an equal amount of well wishes for “the next 50 y

    July 28, 2014 1 Photo

  • Spirits high at Brickyard 400 SPEEDWAY – Despite threatening skies and chances of rain, fans at the Brickyard 400 were not disheartened by the forecast. Brickyard 400 race day dawned with rain and fog, and the sun broke through the clouds at mid-morning. Fans expected the race to

    July 27, 2014

Latest news
Featured Ads
Only on our website
AP Video
Raw: 2 Shells Hit Fuel Tank at Gaza Power Plant Raw: Massive Explosions From Airstrikes in Gaza Giant Ketchup Bottle Water Tower Up for Sale Easier Nuclear Construction Promises Fall Short Kerry: Humanitarian Cease-fire Efforts Continue Raw: Corruption Trial Begins for Former Va Gov. The Carbon Trap: US Exports Global Warming UN Security Council Calls for Gaza Cease-fire Traditional African Dishes Teach Healthy Eating 13 Struck by Lightning on Calif. Beach Baseball Hall of Famers Inducted Israel, Hamas Trade Fire Despite Truce in Gaza Italy's Nibali Set to Win First Tour De France Raw: Shipwrecked Concordia Completes Last Voyage Raw: Sea Turtle Hatchlings Emerge From Nest Raw: Massive Dust Storm Covers Phoenix 12-hour Cease-fire in Gaza Fighting Begins Raw: Bolivian Dancers Attempt to Break Record Raw: Israel, Palestine Supporters Rally in US Raw: Air Algerie Flight 5017 Wreckage
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
Obituaries