Plan Commission continues rezoning request for Aqua Marine business

Ken de la Bastide, The Herald Bulletin, Anderson, Ind.
·2 min read

Oct. 26—ANDERSON — For 34 years Ron Haston has owned and operated Aqua Marine along Shadyside Lake and is seeking to rezone the property for an eventual sale.

Following a recommendation by the Anderson Plan Commission on Tuesday, Haston decided to continue a request to rezone the 0.6 acres from residential in the floodway fringe district to a business zoning.

Tim Stires, deputy director of the Anderson Municipal Development Department, said the business has been a lawful noncomforming use since the 1960s. Lawful nonconforming use refers to any continuous, lawful land use that occurred before a zoning ordinance adoption, revision, amendment or variance.

Stires said Haston originally requested a zoning change that would have allowed other businesses to locate on the property with a special exception, including a liquor store, nightclub, private club, truck terminal and outside storage.

Haston said he is selling the business and a potential buyer asked that the property be rezoned.

"We're trying to keep it as a marina for Anderson," Haston said. "We've had a very successful business."

Plan Commission member Jennifer Culp said she was concerned that someone would purchase the property and change the use.

Haston said one potential buyer wants to maintain the property as a marina and that the business stores 140 boats at another location.

Commission member David Eicks said someone could purchase the property and continue to operate a marina without it being rezoned as a lawful noncomforming use.

Plan Commission members recommended that Haston submit a new rezoning petition to a higher business level that would require any change in the property's use to be approved by the Anderson Board of Zoning Appeals.

Haston agreed to submit a new rezoning request to be considered by the Plan Commission on Dec. 6.

The Plan Commission did approve the request of Sandra Lambert to rezone 1.1 acres from industrial to business use in the 700 block of East 38th Street.

The property is directly to the west of the Advance Auto Parts store near the intersection with Columbus Avenue.

Lambert said her father purchased the property, and she had never seen it until Tuesday.

She said a local real estate agent recommended the rezoning in an attempt to sell the property.

Follow Ken de la Bastide on Twitter @KendelaBastide, or call 765-640-4863.