The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-10-14
zONING BOARD
FACES BATTLE
ON CREAMERY
About-F by Plan Group,
After Banning Firm at
Location, Under Fire.
PERMIT is ASSURED
NeighborhoOd Uprising Only
Way to Keep Out Com
pany on N. Gladstone.
By CHARLES 3. CARLL

A "right-about-face" executed by
the city plan commission in prepar-
ing to permit operation Of a cream
cry at 1011 North Gladstone avenue.
after once banning it as a menace
to health" threatens a neighbor-
hood furore.
This may spread to other locali-
ties where the commissions will
was unbending.
Officials of the Benner Farms
Dairy, Inc. said to have originated
in Louisville, have been informed
they may file for special coming Of
the property Oct. 81.
This is equivalent to granting of
the permit, unless a community up
rising forces the commission back
to its original position of refusal,
taken Sept. %.
Personnel of the city plan COM
mission and the board of coming APP
pealS is identical. In private ses-
sion, the board sits as the city plan
commission, frequently voting in
secrecy on matters upon which the
public supposes the members still
open-minded when they emerge in
public session a few minutes later
as the board Of coming appeals.
Law Twice Violated
When first petition was fled by
Samuel o. DUNCAN, president of the
Polk Milk Company, for use of the
North Gladstone avenue building as
a creamery, the zoning appeals
board heard protests from residents
Of the neighborhood.
Some board members investigated
and, at the session Sept. %, the
petition was denied after George
O'Connor, president read a type
written statement on the boards
findings.
The findings included The fact
that the coming Law twice had been
violated by uses of the building for
crenery purposes by the Triangle
DIARIES and that much of the equip
ment had been installed before the
petition was filed with the board.
Action of the board probably win
come as a surprise to the professors
when they receive their notices of
the hearing to be held, one member
Of the board admitted.
Permit Use for Year
1t is learned from a reliable
source that Roy D. Moore, presi-
dent of the Benner firm, and
DUNCAN have stated that $1,000 has
been invested in the building and
that, being a new firm in the city,
should be given an opportunity at
the location.
DUNCAN is said not to be con-
nected with the company, but owns
the structure.
According to information, the new
agreement will permit use of the
structure for a year, provided that
within six months the company
shows a bona fide effort" has been
made to find a new site for the
creamery.
In the statement at open meet
ing, O'Connor said the coming law
had been violated twice in the last
few years by various uses of the
building
No Statement of Voting
g. proposed use of the build
ing as a creamery or milk handling
plant will not he in harmony and
interest of the coming ordinance and
proposed use will not be in the in
terests of the public health, safety
and general welfare of the COM
munity. therefore the petition Is de-
MED" the statement said. in part.
No statement of the voting on the
second opportunity for the creamery
petition was made by the plan COM
mission after the voting was held.
But for this account, owners of
property would not have known of
the new move until they received
notices. it is said
Members of the commission and
coming board in addition to O'Con-
nor are: Louis Bernstein. vice presi-
dent; Mrs. Leila Taylor; j. w. Ather-
ton. executive secretary of Butler
university; DR.. Fred w. Mayer; A.
J. Emhardt. park board president;
4. H. Moore. city engineer; z. Kirk
Mckinney, president of the works
board: Fred c. Gardner, city coun-
Gilman. and Paul R. Brown, county
surveyor.