BP2 Construction, LLC v. BOARD OF ZONING APPEALS OF THE CITY OF SEYMOUR

── BP2 Construction, LLC v. BOARD OF ZONING APPEALS OF THE CITY OF SEYMOUR ── Case No.: 22A-PL-01194 Court: Indiana Court of Appeals Date: February 22, 2023 Author: Judge Leanna Weissmann County of Origin: Jackson Category: Civil Decision: Affirmed Judge May and Judge Crone concur BP2 owns property zoned for a C-1 neighborhood commercial district in Seymour, Indiana. BP2 wants to use the property to recycle material such as dirt, concrete, and asphalt. This, however, is an I-2 general industrial use. To solve this problem, BP2 petitioned the BZA for a use variance, which would allow BP2 to deviate from the property’s zoning classification. The BZA considered both written and oral testimony in making its decision. The BZA received five letters from the community: four against granting the use variance and one in favor.