Board of Zoning Appeals (bza) - Regular Meeting

reading glasses. So you follow I've been there, done that. I go by my iPhone. They never get stupid about it. If you need to borrow these things. No, I really probably

ever noticed everything falls on your reading. That's a sign of maturity. Okay, I'll take that. It is. It is. Yes. see what you got to look forward to. I'm doing pretty good then. Yeah.

Well, from where I sit, it looks like about 6:00. I'm going to call this meeting of the board of zoning appeals to order and uh ask Danielle for a roll call, please. Randy Jones, present. John Dilberger. Yes, I'm here. Darla Brown's absent. Jane Gore here. Michael Harrison present. Hopefully all my fellow members got a chance to review the minutes uh that as corrected. Um anybody have any further corrections to the minutes? I don't um move we approve the minutes from last month's meeting as written.

I second. Roll call vote to approve the minutes when you're ready. Daniel. Okay. Michael Harrison, yes. John Dberger, yes. Randy Jones, yes. Jane, yes.

Okay. Minutes are approved. We don't have any old business tonight, so we'll go right to new business. The first item is docket number 26-02, which is a request for a setback variance. Staff report whenever you're ready. No. I'm sorry, Kayla. This is staff report for block variance petition docket number 26-V02 hearing date is March 25th 2026 petitioner and property owner Derek Block request is a variance from the residential side and rear setback requirement ordinance provisions section 4.6E 6E and C standard setbacks of the Brown County zoning ordinance. Location. The property is located on WS155 and WS156 of Sweetwater Lake Edition, plat 61, more commonly known as 6430 Oral Drive in Hamlin Township within the Cordri Sweetwater Conservancy District. The property is located on the east side of Oral Drive, approximately 700 ft norththeast of the intersection with Sweetwater Drive. Zoning and current land use. The property is zoned Lake Residential LR and has an existing residence and detach garage. General findings. One, the petitioner is requesting approval of variances from the side and rear setback requirements. Two, the Brown County zoning ordinance section 4.6 6C and the rules of the Cordri Cordry Sweetwater Conservancy District provide that the minimum aggregate width of both sideyards for residential use is 25 ft. This this petition is requesting approval of an aggregate of a total of 14 ft 6 in. Three, the Brown County zoning ordinance section 4.6B 6B states that the minimum

depth of rear yard for a residential use is 15 ft in GB or AB district and 25 ft in any other district in which the use is permitted. This petition is requesting approval of a rear setback of 16 ft 7 1/2 in. Four, the property is located outside the special flood hazard area according to the flood insurance rate maps. Five, the petitioner has received approval of a three-bedroom septic system from the Indiana Department of Health that has several conditions listed. Six, water service is provided to the property by Cordon Sweetwater Conservancy District. Seven, South Central Indiana RMC provides electric service to the property. Eight, according to the site plan, the setback distance requirements for the front and left side will be met. Nine. There are many examples of reduced setbacks within the Cordri Sweetwater Conservancy District. Okay, there it goes. The board may grant a variance with respect to property specific property if after conducting a hearing hearing under section 7.2 2 of the Brown County zoning ordinance. It finds that one, there are special circumstances relating to the property that do not generally affect other property or uses of the same kind in the same district and vicinity. Two, the spe special circumstances create hardship in that if the variance is not granted, a substantial property right that is enjoyed by other properties in that district and vicinity cannot be enjoyed. Three, the granting of the variance will not be materially detrimental to the public welfare or materially injurious to other property or uses in that district and vicinity. Summary, the board must decide whether granting the requested side and rear setback variances will be materially

injurious to other property or uses in the same district and vicinity. And this is looking souththeast from the driveway. Northwest from the dragway. Existing front set back to the garage. The existing home to be demolished. This is the south/right side existing setback. North SL slash left side existing setback again the north and left just from further up the hill there. And then again the purple squares are um proven variances. This red line on this that you guys have in your packet, this indicates um where the proper where the house would have to be on the property to meet the setback. So the 25 from the rear, 10 and then 15 and 50 from the front. Got it.

And then this is the site plan that you guys have. Oops. And your packet as well. Okay. Thanks, Kayla. Um, could you go back to that aerial view of the existing house? Yes, that one. That That looks like it probably doesn't meet the setback requirements either, does it? It looks like it does not. I'm wondering though if these are not if the property lines aren't skewed on our GIS. Ah, so we really can't be sure about that. And the reason I say that is because from this map, from this print here Uhhuh. The house that I believe the house that is No, I'm sorry. That would be the new house there.

So, sidewalk side. That's true. Yeah. Dave just pointed out you can see that the sidewalk is outside of the property line here. Yes, I see. So that white line probably didn't overlaid correctly like you said that I'm that's what I'm guessing. Yeah. Okay. All right. Thank you. Any other questions from the board for Kayla? So there's an existing home there now structure now. It's going to be demolished. Yes. Okay.

How about cards? There were 22 sent out on this one and 15 were returned to us. Okay, great. Thanks. All right. Is the petitioner here tonight? Yes, sir. Would you like to add anything to Kayla staff report or want to share anything with us? Sure. Yeah. Just go up to the microphone, identify yourself for our recorded minutes, and let us hear what you have to say. Yeah. I'm I'm Derek Block, the owner. And actually, the house next door to it, I currently don't

Oh, okay. The the one great I I do have this illustration here. It's the same as that aerial illustration. The thing I'd point out in here, and the architect helped me point it out, is the left side of the yard that is over the setback line right now, the existing house. And then the garage is well beyond the existing setback. Oh, I see what you mean. The garage is the existing garage is showing. That's right. Yeah, I see what you mean. Thank you. Okay. Um, go ahead.

That's really the only thing I wanted to point out that I didn't hear. Okay. Okay. Thanks for that. Um, so did Did you consider trying to find a house plan that would fit in the setback requirements? We we um we didn't really know the setback requirements when we started the process. Okay. Um but most of the lots down there if you see that's a they're pie-shaped lots or oddshaped. Yep. We see a lot of them up here over the years. So, I I haven't gone back to, you know, we're probably way too far down the process as we were going.

Um, but a rectangle house is probably going to be what we'd look to do anyway. We've been going at this for a little over a year. Got it. Okay. I mean, it looks like a nice house. It just looks too big for the lot, but that's it's just because of the way the lot lies, but and the size of the overall size of the lot. But yeah, I understood. Yeah. Okay. Thanks. Any other questions from the board for the petitioner?

Yes. I wanted to ask you about your your on-site sewage system. Your uh the approval letter is dated before your uh preliminary plan. Now, there might have been some overlap. Have you looked at where this this uh sewage system is going to go? You've got 1500 ft of piping. You got all these tanks. You got a lift station. Uh the only place I see to fit it is downhill from the house. And there's some pretty severe restrictions on building this thing because of the water. Yes. And I just I've got concerns where you're going to fit this and if it's going to be functional. We

we purchased the property across the street. We worked with uh Bernie Ree on this. So, we purchased the property across the street. We've had a full um septic plan done by um Cruise Consulting, Dale Cruz. So, and Ernie's Ernie's gone through it all and approved it. We we already have a septic permit. But have you overlaid that system with your site and the house that you have to know that it's going to fit? Yeah, they they have. Ernie's been involved in this. He's seen the house plans and he's seen all of it. Who has seen all of it? Ernie Reid.

And he's who? The Brown County Health Department. Sorry. Sorry.

Well, if I can, Mike, are you Did you have anything else that you want to follow up on that? I'm I'm a little intrigued here. I notice that you went through IDOH to get the approval for this type of a system, septic system. And it looks like what you're putting in, and I'm assuming this is somewhat of a uh um I'm not sure what's a proper I don't want to use the word unusual. Uh you're going with a subsurface drip system and an ecopod fixed film water waste treatment system. So this is some type of a um not common type of system is the reason you went through I do o you know when I say that I mean the department of health um do you know anything about that?

No I mean really what I did is I I reached out to the health department when I started the project. We Ernie's Ernie recommended that we get an architect involved, a system architect involved, which we did. So, I was really just it's really foreign to me. I don't Okay. But but I followed their advice and and well, usually it's it's it's one it's probably an alternative design system is what it is and that's probably why it went through IDO instead of just handled here locally through the county health department. But you're not you're not involved in that, are you?

No, I mean I the thing I remember is when I talked to Cruise Consulting at Ernie's direction, it w it we knew it had to go to the state for approval. So maybe that's why. Yeah, that and that's probably because it's would be considered an alternative design system. Yeah, I I wouldn't know. Okay. Um, you mentioned that you own the property beside this. It looks like from my diagram that you own the property on on your side the setback is met. It's on the other side that you don't own where the setback variance is requested. Is that right? Well, there there on both sides there's a back corner on the side I own.

Oh, yeah. There's a rear setback variance, but the side setback variance is on the side toward your your neighbor. That's right. On the opposite sides, not on your side. That's right. Okay, just checking. Okay, any other questions for the petitioner? Okay, I don't see any. Thank you. Okay. Um, is there anybody here tonight that wants to speak in favor of this petition? How about anybody that wants to speak against the petition? I don't see anybody. So, I think I'll bring this back to us on the board to discuss and decide about. Anybody want to share their thoughts on this?

Go ahead. Well, or anybody. It's not it's not a it's not a perfect world uh because of the location. We we we've been through this before uh uh with that area which is very restrictive even many cases for any kind of expansion. Um, but certainly it's not unprecedented uh by any stretch of the imagination and uh personally I don't see I have no real concerns with with it at this point in time.

Okay. I I would ask is how is this any different than the similar one we looked at last week last month? Huh. Um I don't know that it is different in most ways just just that they're not asking for a variance from the height requirement but you know just for the side and rear setback requirement. Personally I would think the height setback is the least intrusive of all of is the least the least intrusive. Yeah. Yeah. I I got you. I got you. Now you're right. We had we had one of these last month. Um that one was two side setbacks,

right? And this one is side and rear, right? Right. Technically, yes. Different in that respect. Yes. Yep. I agree. Um I don't know, Jane, what are your thoughts on this? Well, I think all those cards that were sent out, if anybody was uh any neighbors were objecting, they would have shown up. That's kind of where I was going to as well. I mean, there's just tons of setback issues up there that have been improved. So, I don't seem I don't have a problem with

Yeah. Okay. I mean, I I don't have a problem with putting a new home on here. Um, I'm conscious that we routinely approve these and I'm and the special circumstances relating to this property that don't exist for other properties in the vicinity or the district are hard for me to come by cuz these same special circumstances exist for all the properties. There's nothing different about this property than every other one of those lake lots. And uh and so we've routinely let people put on homes that are larger and and exceed setback requirements or don't meet setback requirements because the lots are small and triangular and

Yeah. And there you go. That's true. Um I I don't know frankly that it fully complies with our ordinance for us to do it, but we always do. Um that's just that's just my thinking. Um and I'm inclined to do it here, too. So that's where I am. But it may be something we want to think about clarifying our position on down the road. Yeah. Yeah. This just keeps coming back.

It does keep coming back. And if you know, if we quit I don't want to say rubber stamping, that's not quite, but this is close to that. If we quit keep decide to quit rubber stamping these, then the first person who gets hit with that is going to be very unhappy. Yeah, but I'm not going to make Mr. Block be the first person tonight. So, so I'm going to move that we approve document number 26-V02 the motion. Okay. Any further discussion? Okay. Um, roll call vote, please. Danielle. Okay. Michael Harrison, no. Andy Jones, yes.

Jane Gore, yes. John Delberger. Yes. All right. Your request has been approved. Thank you. Welcome. Approval letter. Thank you. Were you persuaded by my discussion or you have your own reasons for voting though? I I just feel like it's like what you talked about last week. You know, you started from scratch. I think you do a better job about making that. I have a lot of concern about fitting the sewage system in, you know, whether you want to go with that. You know, I don't I don't feel like they taken that and laid it out there.

Uh the permit talks about maintaining the dryness of the soil and downhill from the house and all the other construction. I just I just think that's problematic. You may be right. If so, they're going to find out very soon. Yep. Can I add on to that? Sure. Comment.

Um, you know, I this is an alternative design system. Obviously, from that from the get-go, it's been recognized that there's some real limitations out there. Uh, and I always like to see I think this is what you're saying too, Mike. You'd like to see that information included in here where those lines are going to actually go. If in fact they're using lines or uh elevated mount system, whatever. Well, it's not just the lines. There's a number of structures that go out.

Well, yes. True. Well, we have that. We have some of that, but I mean, not so much in relation to where the proposed system is going to be. Um, but I think in this case, and I've seen in some other cases, if they have contacted the county health department and the health department is okay with it, I think they think that that's they're okay,

which I I'm I'm not questioning whether that would work or not under ideal conditions. I'm concerned about I'm concerned about the actual conditions that they're going to encounter. Uh, I've not seen anything where they take that and lay that out, put it on there, and show how it's going to fit on the site and make sure that it's going to work. If you read the the descriptions of what they said, you you you can't do any work under certain conditions where the water groundwater is there. I just think there's a lot of I think there's a potential for the system not to work because well, not because of the design, but because of site analysis. You can say that with any system, but I don't know there is preliminary survey work, soil samples, borings, and that type of thing that are done prior to the issuance or denial of any kind of a permit or anything. I didn't know if he was aware of that. I

I'm well aware of that. Okay. That's all I have to say on that. Okay. Thanks. I appreciate it. Thank you, Randy. Yeah. I think you guys missed the part where he said he bought a whole other parcel across from it. The septic's not going on the same lot. It's going on. It's going across the road and on the other side. Yeah. So, he's It's not like he's trying to cram it on there with the house. Yeah. Yeah. Um I'm not sure who she was. Do Do you want to identify yourself for our our Erica Bryon? Erica Bryon. Thank you.

All right. Next item on business tonight is docket number 26-03. This is another request for a setback variance. Whenever you're ready, Caitlin.

All right. Staff report for Sawyer variance petition. Docket number 26-V03. Hearing date March 25th, 2026. Petitioner Herald Construction property owners Charles and Michelle Sawyer. Request is a variance from the rear setback requirement of 25 ft. Ordinance provisions section 4.6B 6B standard setbacks of the Brown County zoning ordinance location. The property is located at 662 Greywolf Drive, Nineveh in Hamlin Township within the Courty Sweetwater Conservancy District. The lot is known as S SW242 and is located on the west side of Greywolf Drive, approximately 940 ft southwest of the intersection with Center Lake Road. Zoning and current land use. The property is zoned lake residential LR and has an existing home, garage, and an 80 square ft shed/bar area. General findings. One, section 4.6B standard setbacks in the Brown County zoning ordinance and the rules of the Cordury Sweetwater Conservancy District provide that in a residential district, the minimum distance between the rear line of structures and the rear property line should be no less than 25 ft. Two, there is an existing 8 foot x 10 foot shed/bar that sits approximately 14 feet from the property line at the lakeside. The petitioners wish to re- roof the structure and extend the roof to cover the existing stone paper patio. Three, although structures with a floor area of less than 120 square ft are exempt from the requirement of obtaining a building permit, the setback shall still be met. Since the roof is being extended and not just replaced or repaired, this would be considered new construction. Four, the reduced setback extends toward the lake and not toward private property.

Five, according to the site plan, all of other setback requirements will remain met. six. There are many examples of reduced setbacks for pre-existing and for new construction within the core sweetwater conservancy district nearby. Another one to know. Do you guys want me to read the three conditions? Uh I don't think that's necessary. I think we probably know those. Okay.

Thank you. Recommendation. After review, staff finds no evidence that approval of the request to variance will be materially detrimental to other property or uses in the same district or vicinity since there are many examples of reduced setbacks nearby located both on land and on the water. This is the existing front setback to the garage. This is looking from the um deck on the back of the house down toward the shed is the the white shed here in the middle. Okay. Oh yeah, I see.

Two of the same pictures in case you didn't see it the first time. Thank you. And then this other square um across the across the lake there is another rear setback that was approved. Um I didn't get to look to see how close that one was, but it was approved in 2022, so fairly recently. That's the end of the staff report. Thank you. Any questions for Kayla from the board?

23 cards were sent out and 17 were returned to us. We're doing pretty well tonight. Is petitioner here or petitioner's representative? Don't think so. No. Okay. I don't see that. That's fine. Um, well then I'll bring this back to us on the board to uh discuss and make a decision about I I personally don't have a problem approving this. I don't either. I don't either. I don't either. Okay.

I'd entertain a motion to that effect. I'll move that with respect to DACA 26-V03 petitioner Herald Construction request bearings from the rear setback requirements 25 ft uh that that bearings be approved. I'll second go ahead. I'll second. Motion has been made to approve. Roll call vote, please. Danielle. Okay. Randy Jones, yes. Shane Gore, yes. John Dillberger. Yes. Michael Harrison. Yes. Okay. Kayla, you'll notify him. Yes. Okay. Thank you. And I think that was a record.

That was probably just knows how fast it goes when nobody shows up, right? I don't think we can blame it on that. So Dave, before we leave these these two items, um what's your understanding of purpose of setbacks in general? Just to create space, uh fire protection, air, light that allows light and stuff to get in. So just sort of create an ambiance or an environment that is pleasant and and conducive to residential life enjoyment. Gotcha.

Yeah. And and sometimes for safety I mean from your highways you want to step back a little bit for safety purposes as well. But yeah, that makes sense. John, one thing that I'll be looking at we look at setbacks too is you're going to be moving materials and dirt and everything around the site and you got to have room to do that. So the setbacks as established will allow you that some some of these minimum setbacks you get into problems. Yeah, I just Yeah, I really I mean I really do want us to come up with a position on this because I I

the presumably setbacks serve a purpose or they wouldn't be in both the conservancy rules and our zoning ordinance and it and it they weren't it it wasn't our intent ever to just say, "Well, we'll wave a setback anytime you want to build a house that's a little too big for the property. And these are small lots. Granted, they're oddly shaped. Um the odd shape might be a hardship, but I don't think the size of the lots a hardship for me. It's not a special circumstance either when every one of your neighbors has a small lot. So, I'm just struggling with our reasoning here because I'd like to be consistent. I mean, I'm a new resident here, but it seems to me that when they started building there, you were more like cabins than what you're building now.

Yeah, that existing house we just saw on the first docket I've done is a good example. That's the kind of house that was imagined to be put on this quarter acre or less lot. It wasn't intended to have a fourc car garage, four bedroomedroom home. And uh would we also consider the setbacks um might have been taken into consideration for expansion? See, I don't understand what you explain. Well, if you're going to have a setback of 50 ft, 40 ft, whatever. I'm being arbitrary here.

Uhhuh. that you may have those in there for the possibility of expansion in the future for lack of expansion. No, for possible building possible expansion of that. Well, oh to leave empty land between homes for potential expanding those homes in the future without bumping up against each other. Yes. But that would need a variance then if that were the setback. Yeah. I don't think the setbacks weren't intended to, you know, allow room to expand without hitting up against the wall of your neighbor's home. I don't think it was their intention, but maybe. I mean, I wasn't there.

Well, I think it's I think you make a good point and and it it is something that I'm not comfortable with it. Uh but it seems like there's no really too much rhyme or reason to it and everything up there is very nice I say up there uh in that particular uh location is very uh right unique and the cat's already out the bag out of the bag up there on so many things. Absolutely.

So you know we're playing catchup on trying to uh set some policy there on a more of a uniform basis. It's awfully hard to do up there. Kayla, do you ever hear from the conservancy when we approve or don't approve one? I don't know if we've ever not approved. Maybe maybe once. Um, do you ever hear from them that you know they say, you know, you guys need to pay attention to our rules? No. Okay. Do we have a copy of their rules somewhere? But we never we never I've never seen a copy of their rules. They're they're in the covenants and rest. I've seen them before. I don't know that I could find them. Okay.

Right now. No, that's right. No, that's right. No. Uh Dave, this question is kind of for you. Uh does one take precedent over the other? Um what you are concerned about is the zoning ordinance, right? The uh the cord rules or the cord rules and if Cordre wants to enforce those to do that on their own. Yeah. And Cordre's rules could be stricter than ours, but they can't be more lax. Isn't that the way it works? Yes. Yes, maybe that's a better way of putting it. Yeah. Okay. Okay.

And for a lot of these decisions, they defer to us immediately. So, if you're going to get a building permit in the lakes anywhere and it's within that conservancy district, you have to get you have to obtain a permit from local from our local building department to get to their I think they've got like a oneman show and then they have a board meeting for construction up there. So it's really up to them if theirs is more strict. I don't I think theirs is the same as ours. They make theirs match ours. I believe so. So these have already gone before their board now. I think they have to be approved here. I wish I can tell. Oh, okay. Erica has done variances.

Erica, would you like to come to the microphone and so get this down for posterity? You can do it either way. But as can I stop you right there? I'm not sure. I don't know who you are and who you represent. Erica Bryington. Okay. And you're with I'm here as an individual today, but I am a construction company that works out at Sweetwater. Okay. Okay. Good.

So, you can go either way. You can go before them first or or get a permit. Um, but we tell our clients it's best to come here and get your permit or your variance first and then you're pretty much going to pass the meeting at Cordery. If you guys have already approved it, they generally pass it. It's gone. Okay. Thanks for that. Okay. Um, next item of business tonight, docket number 26-se. This is a request for approval of a site plan amendment to an existing tourist home. I should say an existing tourist home special.

All right. Staff report for Ellison Ridge Tourist Home special exception amendment docket number 26-sear Hearing date March 25th 2026 petitioner and property owner Crystal Green and Ronald Green III request is an amendment to the original tourist home special exception 94-E-3 to add a livestock barn. Ordinance provisions, Brown County Area Board of Zoning Appeals Resolution 20221, tourist home special exception guidelines and conditions, and chapter 1, section two, and chapter 3, sections 1 and four in the Brown County zoning ordinance. Location 2477 Larage Road, Nashville in Jackson Township. The driveway to access the tourist home is on the east side of the road approximately 1,000 ft before the intersection of Lam Ridge Road and Helmsburg Road. Zoning and current land use. The properties currently zoned R2 and consists of a residence, two small guest houses, a barn, and a detached garage. General findings. One, the home is currently located on 10.195 acres and has two active tourist homes. Two, during a meeting held on January 23rd, 1991, the property was approved to allow the existing homes to be rented on a short-term and long-term basis. Three, during a meeting held on February 23rd, 1994, the tourist home, the main house, I believe, was approved to allow two guest rooms with a total of four guests. Four, the petitioners requests to amend the site plan to add a 36x 36 livestock barn that would be for personal use. Five, the proposed barn would not be for guest use and should have no impact on the operation of the tourist homes. Six, the guest houses on the property that are used as short-term rentals will

remain unchanged. Findings effect. Section 3.1 of the Brown County zoning ordinance authorizes a special exception for this use in the designated district. Findings: Tourist homes are allowed in R2's zoning district with special exception approval. findings. During the original approval on February 23rd, 1994, the petition was granted before resolution 97-01 tourist home special exception guidelines was in effect. So that's why there were two that were allowed on this property was pre pre-ordinance. Gotcha.

The board may grant a special exception for any use in a district if after a hearing under section 7.2 it finds that Do you want me to read these ones? Not necessary. Thank you.

Staff recommendation. Since the special exception exists and there will be no change to the number of guests and no changes to the septic system, staff recommends approval of the site plan amendment to construction to construct a livestock barn on the property. And this is the main house here to the left. There's the pond. Got it.

This is the existing um barn here in the proposed location. You can see the large barn that exists here. Here's the proposed location there. Got it. again be right about here. Gotcha. And then I glued this one up to make it a little easier to see. And I think I did it a disservice because now you really can't do anything with it. But I think the one in the packets look a lot better than I thought the graphics were nice though. Yeah,

it was a prior. Oh yeah. Okay. Well, I was going to stop on the pretty one, but you can't read it. Okay, that's the end of the staff report. Okay, any questions from the board for Kayla? I have one. Go ahead. So, in 91, it was approved for one short-term and one long-term rental. But then 94 it was amended to include the to make two short-term rentals. Is that correct?

Uh one I believe one of them was approved in 91 to be shortterm or long-term and then 94 they were essentially the other one was approved to be a short term. Yes. As a short-term rental and that was pre preourist home ordinance. Yeah. In 97 is when the tourist home guidelines were put into place. Yeah. Just check. Yeah. They were looking through old files. There were a lot. It must have been talked about that there was going to be an ordinance. Oh, there was a rush to Yeah. Yeah. 96 I think there was I think I counted like 35 special exceptions.

Oh my god. So people were really getting in there before. Yeah. Okay. Thank you. Uh those two letter general findings number two and number three the meetings that are referencing commission meetings. Uh no the BCA meetings. I'm sorry. BCA meetings. Okay. Oh yeah. Yeah, I guess I didn't write that in there, did I? Okay. Cards sent out on this. Yes, 22 cards were sent out and 16 were returned.

Very good. If there's no more questions for Kayla, um I know Miss Green's here. Did Did you have anything to add to Kayla's report? Anything you want to share with us? Yeah, Crystal Green here, owner. Just a couple things. Um, just want to make it very clear that this is my primary residence that I live there all the time. It is a special exception property, but I I live there. So, this barn is for my family and I in our backyard. Um, and the other thing is they had the original or the horse barn burned down a number of years ago and the Laros has replaced it with a pole barn that's concrete and a metal which really doesn't, you know, serve the livestock purpose that I was interested in, which is why I'm having to construct a new structure is because the one that was burned down was replaced with one that didn't sue.

Got it. Yeah, that's really Any any questions for Miss Green? No. Okay. Hey, I'm going to add I'm going to build it. Yeah. Plus, the barn's going to be beautiful. So, who want to go up to the microphone and put that on? Sure. All right. Fine.

Okay. Good. Um, is there anybody else here tonight that wants to speak in favor of this petition? No. Anybody want to speak against it tonight? I don't see anybody. So, I'll bring it back to us to talk about thoughts. I think this is fairly simple. Uh I don't see any outstanding issues here for me on this as far as any kind of concerns. Well, I agree with that. Yeah, Jane. I agree. I don't see any problem.

I agree. Um All right. I'll make a motion that we approve document number 26-se which is a request for a site plan amendment to an existing tourist special exception. I'll second it. Okay. Roll call vote when you're ready. Daniel Mandy Jones. Yes. Jangor. Yes. John Dilberger. Yes. Michael Harrison. Yes. Okay. Your barn, your beautiful barn has been approved. I want to get that in writing. She already knows. See you guys. Thank you.

All right. Last item on our agenda tonight is docket number 26-03. This is a request for special exception to construct a new wastewater treatment plant. And we're ready when you are, Kayla. All right.

All right. This is staff report for Helmsburg Regional Sewage Sewage District special exception docket number 296-sear Hearing date March 25th 2026 petitioner and property owners Helmsburg Regional Sewage District request is a special exception to allow a public sewage disposal plant ordinance provisions chapter 3 sections 1 and four in the Brown County zoning ordinance location. The property is located at 4862 Helmsburg Road, Nashville in Jackson Township. The site is on the west side of Helmsburg Road, approximately 700 ft feet south of the intersection of Helmsburg Road in the railroad tracks. Zoning and current land use. The property is zoned secondary residential R2 and flood plane FB. The current treatment plant and a driveway exists. Oh, I think I skipped ahead.

Here we go. General findings. One, the combined parcels consist of approximately 2.107 acres. Two, there is an existing wastewater treatment plant approved under docket number 995-SE-16 on August 24th, 1995. This plant is in danger of imminent failure. Three, this petition requests a special exception to allow construction of a new wastewater treatment plant to replace the existing treatment plant. Four, if the petition is approved, the existing plant will be decommissioned once the replacement plant is functional. Five. The planned site will consist of the following. A, a lift station and screening structure 52 feet by 20 ft. B. Sledge handling blower and electric building 60 ft x 50 ft. C. UV channel and post aation 40 ft x 15 ft. And D, aromod structure 45 ft by 35 ft. Six. The SE setbacks measured from the closest point of the plant are to the north 30 ft, south 95 ft, east 158 ft, and west 63 ft. Seven sewage disposal plants are exempt from the necessity of a design release from the state of Indiana. Plants such as this can be permitted locally. Eight. Brown County Water Utility provides water service to the area and has confirmed that service could be provided for the requested improvements. Nine, the existing driveway would be utilized. And in a letter dated February 12th of 2026, the Jackson Township Fire Department states that the driveway is considered acceptable as it meets the department's minimum width standards, does not exceed 10% grade, and is clear of power lines and low hanging limbs.

10. Adequate parking will be provided and will include any required ADA accessible spaces. 11. The statement of request states that the setbacks are unable to be met due to the limited build limited buildable area. Other than the size of the site, the area is further limited by the following considerations. Regulatory floodway, existing utility corridors, required discharge routing, and site topography. 12. Currently, there is a residence approximately 395 ft east of the existing plant. The new plant will be shifted further west, giving that residence a significantly larger setback of approximately 590 ft. To the north and west, the lot is surrounded by approximately 28 acres that is privately owned. South of the lot consists of approximately 40 acres of mostly floodway property that is also privately owned. findings effect. The board may grant a special exception for a use in a district if after section 7.2 it finds that one section 3.1 of the Brown County zoning ordinance authorizes a special exception for this use in the designated district. Findings public sewage disposal plants are allowed in secondary residential R2 and floodplane FP districts with special exception approval. Two, the requirements for special exceptions prescribed by this ordinance will be met. Findings, the minimum parking and entrance requirements will be met. While no minimum lot size requirements is indicated by the ordinance, the size of this lot exceeds the lot size of the current plant. Ordinance provisions 4.9 setbacks uses requiring special exceptions public or commercial sewage disposal plant. Findings. The existing wastewater treatment plant is located on a much

smaller parcel that does not meet the minimum setback. Findings. The minimum setbacks of 300 feet on all sides will not be met. However, the location within a sizable area of privately owned property and the adjacent floodway district to the south help mitigate the shortfall. Ordinance provision 4.11 entrances B. Each of the following uses for which special exceptions are prescribed by section 3.1 may be limited to one entrance. Public or sewage commercial disposal plant by the proposal specifies just one entrance. Ordinance provision 4.12 parking C. Parking shall be provided as follows for public or commercial sewage disposal plant required spaces. One per enjoy per employee per shift. Findings. This the plan includes adequate parking spaces. Summary. The board must determine whether granting of the exception with the reduction in actual setback allowances will or will not subvert the general purposes and serve by the ordinance or materially and permanently injure other property or uses in the same district and vicinity. Here's the existing plant and then approximate location of the new plant. looking north from the existing.

Kayla, would you go back a moment? Mhm. So, this is the this is to the north. Okay. Gotcha. All right. Thanks.

This is the view to the east which is toward Helms Road. view to the south looking north toward um the railroad tracks in Helmsburg from the driveway south from the driveway and in this map the red is floodway and the green is the flood fringe areas. Got it.

And then this is the site plan that you all have too. I did try to make this one a little bit bigger. Again, I may have done a disservice to I don't know if my eyes are getting worse or I'm going to defer to to my m my grand activity decipher that. Okay. I need a pair of binoculars, but we'll try it. That's the end of this staff report. Thank you. Any questions from the board for Kayla? I do. Um, sorry, Kayla.

Under um general findings number seven. Uh sewage disposal plants are exempt from the ne necessity of a design release from the state of Indiana. Uh plants plants such as this can be permitted locally. Uh what are you referencing there? I mean is that uh where did you get that information? How did that so from both the engineer that I believe is yes that is here today and from Lonnie Farley the building commissioner. Okay. Okay. Cuz that kind of surprised me. Yes. So all right. It surprised me as well.

Yeah. Um, Kayla or Dave, do you have any idea why such large setback requirements are written into our ordinance for a wastewater treatment plant? I wouldn't want one next door. Well, that may be it. I'm just wondering if there's other reasons I don't know about. I don't know the reason. I think it's local preference. Local preference. I like that. Okay. Okay. Thanks. Um, okay. So, uh, who's here representing the petitioner tonight? Yes, sir.

I'm Kyle Myers. I'm the vice president treasurer on the Hsburg Regional Sewer District Board. Um, I to what you guys were asking about the large setbacks, I think a big part of that has to go with they don't want us building a plant right up against somebody's house. um because I mean there is noises that come from it, smells occasionally, that kind of thing. So I think that's why there's the large setbacks um and thinking that if property lines were right up against each other. Um in this case really our property or our direct neighbor is a uh a pasture land that they raise cattle on. So um Gotcha.

Uh otherwise um like Caleb mentioned in the report um our current plant going on 30 years old. um its life expectancy was only about 20 to 25 years. Um it is rapidly creating holes or rusting holes in the side of the plant that we are trying to band-aid and fix and patch uh to keep basically raw sewage from spilling out on the ground. Um and also trying to uh keep our plant running and operating so that we're meeting limits and not discharging, you know, sewage to be blossom crate. Um, so this new plant we've been working on um, for a good 5 years since I've been on the board. Um, trying to get a new plant designed um, and in place and funded. Um, so happy to answer any other questions you may have.

Okay. Any questions from the board?

What type of plant is this? A small package plant? Is it package treatment plant or are you using a different type of design? No. Uh the existing plant was a package treatment plant. This new plant is what they call an aromod system. So it's actually more of a uh what you think of as a commercial system of you know something that McNashville or something like that would use. Um we've also been working with Brown County Regional Sewer District um from the standpoint of the current plant we're going to build now is going to handle our flows, but it's easily expandable. So that that way um that they're supposed to they're working on designs and plans for like a bean blossom area or lake lemon areas and then the plan would be that they're going to send that to us to be treated uh in the future. So uh so rather than putting a package plant that has a kind of a short life expectancy to it, we're trying to actually build something that's going to be more robust and easily expandable to accommodate more flows.

Okay. Okay. So, it will have built-in expansion capability in terms of of gallons coming into it if if you need to. Okay. And um also where was your where you the receiving stream where you discharging to? Uh to be Boston Creek. You're discharging to be Boston Creek, right? Currently. And we're using the same discharge um for the new plant. Well, the I'm sorry. Oh, the same one. Okay. You're not changing that all. Okay. Uh, are are you guys under uh are you just being preemptive because it's so old? Are you actually under an IDM order, too?

We're not under an IDM order, but we've been able to kind of keep our inspector at bay, letting him know that we're working on something actively. So, I mean, that could happen at any point in time. I mean, okay, you know, earlier this month, I was out there helping our operator patch a hole in the side of the tank with literally Flex Seal and an old street sign. I mean, we're we're at that point like we almost can't keep bandating this thing. It's it's gonna it's going to die. It's going to fail itself. Yeah. It's service time. It is. Yes. Can I ask if if have you purchased this property or is it contingent on something or

We already purchased that property. Um we purchased it uh through the county commissioners with ARPA funds that they had given us back in 2021, I believe. Okay. Yes. Okay, great. And have you have you raised funds to do this or I mean I guess this really isn't a question that

at this point in time um we did receive some ARPA funds from the county that helped us get through design. Um we did get a forgivable loan from state revolving fund or IFA uh to do the further design at least to get us to the point we're at. Uh we're standing here right now with bid ready plans. We've gotten all of our permitting from uh from IDM. We've gotten it from Army Corps of Engineers for construction in the flood lane and uh we've done environmental reports and everything on the property. The whole nine yards. So, you guys are kind of our last hopeful check box where we can go to uh state revolving fund. They they've told us right now they have funding available to us uh to be able to construct this point. Um, and we're trying to get through all of our our boxes so that we can go to them to say we're ready to bid um to where hopefully we will break ground actually this year.

Were there any INI studies along with this for infiltration inflow or did it include that at all? Uh we did we had a flow meter put on the in inlet end of our treatment plant at one point in time to kind of monitor our flows. Um because what we were recording at our plant was a lot lower than what the state makes us plan for. Um so we put a flow meter on the plant to you know a separate one to kind of monitor that and it was actually kind of matching the flows that we were seeing going through our plant that we report on already. So, um, we do have INI problems. I mean, when we get really big rains, you know, we get some, you know, our our plant ramps up a little bit,

right? So, okay. Thank you. Yes. Michael, any questions? No.

Thank you. Uh, is there anybody here tonight want to speak in favor of this petition? Yes, ma'am. Erica Bryington. Um, as a resident of Helmsburg, my husband and I are also responsible for about 10 to 15% of the sewer bills for the Helmsburg sewer district. So, um, obviously this is extremely important to us. We cannot have a failing sewer plant. I don't I'm sure you are familiar with the residents in Helmsburg. Septic systems are not an option. And if our plant fails, we will be in trouble. Um, I think also just in reference to the setbacks, I know the property line, the actual ownership of that acreage, I'm familiar with it cuz I did help with the purchase of it. Um, and that is the only thing they're going to get that is not intrusive to the rest of the neighborhood. But those setbacks come naturally because the surrounding property is floodway. You're not going to end up with a subdivision right up against this sewer plant. So it comes naturally even though it is a separately owned parcel of school. It's not a parcel that they're going to be building on. So being away from homes, you're going to get that naturally.

That's true. On that bare land to the north that's not buildable land. Well, I mean it's floodway and flood fringe. I mean it's going to be very unlikely that you're going to get that adjusted to be buildable. So, um, and I don't, you know, there's just not really any other property in our area that would not be intrusive to the the the appeal of all the other homes. So, I would ask that you do approve this location. They we've already gone through the efforts of securing this extra property. They're probably not going to get any it anywhere else. So, I do ask that this be approved in its location.

Okay. All right. I think I understand. And if I could paraphrase, you're saying that there aren't actual setbacks from property lines, but there are virtual setbacks from any structures that might be geographically. And its current location, it is nicely blocked from most of Helmsburg. I mean, you don't really notice it when you're driving driving around. So, okay. Thank you. Thanks. Anybody else wants to speak in favor of this petition? How about anybody who wants to speak against this petition? Okay. Um I'm going to bring it back to us to make a decision on Kayla. How many cards were sent out on this?

Uh eight cards were sent and six were returned to us. Do you have a thought? Normally we're required to determine whether if we approves something if it materially injures anybody in the uses. I think in this case we're looking to see if it denying this the damages and I think that's definitely the case. There's obviously no other option here. you know, if you were to find try to find some other parcel, obviously I'm going to close. You're going to have you got all kinds of costs to do that and time and everything else and uh I just don't think there's any the choice other than the proof is.

Okay, Zane or Randy? Yeah, I agree with that. I think it's it's located geographically is located properly because of the floodway and all that around it. Even though they don't own all of that, it's it's prevents any it's a barrier, a natural barrier. When when when I moved here in uh 2018, I rented a home on Main Street in Helmsburg, and I of course traveled that road back and forth any number of times a day. It was months before I realized where that wastewater treatment plant was.

I drove by it trying to get to the location. I had the address in my GPS and drove right by it. Yeah. My dad lived up there about a block from this place for several years and I I never knew it was there. Proof enough. We want to keep it that way. Yep. And I was surprised, sorry, a little bit off topic. I was surprised about how quiet it was out there. I I had never gone to one of these plants like this before, but it was very quiet.

Kyle, how's the new one going to compare? Will it be bigger, brighter, noisier, whatever? I mean, will it be more visible from road? Uh, it may be a little more visible just because it'll be a little bit bigger, but actually, um, even like Caleb said, it's very minimal sounds that you hear. And really, the only sound you hear is a is an air blower. And right now, currently, it sits on top of our plant and out in the open. With the new plant, there's actually going to be a building, and those blowers will be inside the building. So, I mean, it should in theory even be quieter than what it is now when it's not really that loud. What about brighter? You're not going to put 50,000 flood lights on.

Oh, no. No, no. We don't want to we don't want to advertise that it's out there for anybody to go to. So, I do have a follow-up question for the position. Yes. Go ahead. Um, with respect to the sludge, how do you manage that? Uh currently, uh it's hauled and it's hauled down here in Nashville. Um down to the plant down here in Nashville. And you just add to their sludge lagoons down there. Is that what you're doing or?

Uh yeah, but they've recently gotten a new sludge handling um process down here at the plant. So, um we have an agreement with Nashville Utilities um that they are basically allowing us to haul our sludge down there. Um for this first phase of this plant that we're doing for just us, it's going to continue that same way. Um we're going to continue to haul the sludge to Nashville. when we accept more flow from Brown County RSC and that um at some point in time when we go to future phases, we will actually that building that's going to house our blowers is already suited to house the slush handling process itself. So once we kind of get to that point of a break even in a sense of you know it's starting to cost more money to haul it then actually have our own process to handle there.

Okay. Well, the reason I asked that was before if you were doing any land application for the sludge. So, it sounds like you're not. So, no, you have Okay. Even with the new sludge handling process, it would be dried up enough that we can put it in the dumpster and then it can be hauled away, right? Okay. Thank you. Y great. Thanks. I don't see anything here that would support uh the general ordinance. Um, no. In fact, I think denying this request would subvert the purpose. So, our ordinance, one of the main purposes of zoning ordinance is to protect the health and welfare of the residents of the county. And uh,

well, anything to improve the water quality, I think, is good. It's a good move and I hopefully that this will do that. That that old plant's been in bad repair for many years. Yes. There's a lot of them all in the state of Indiana. Okay. All right. Then I'd entertain a motion. Anybody wants to make? I move to approve docket number 26 SC3 for special exception to allow public sewage sewage disposal plant. I'll second that. Roll call vote. Daniel, please. Jane Gore. Yes. John Dilberger. Yes. Michael Harrison. Yes. Randy Jones. Yes.

Right. Your request is approved. Thank you. Thank you. Hope the weather cooperates with you.

Dave or Kayla or Danielle, did you have any announcements or updates for us? None. Okay, that's good. Um, next month we've got three special exceptions. One new tourist home and two tourist home cycling amendments. Oh, okay. Right. That's manageable docket. Yep. All right, then. Uh, entertain a motion to adjourn. I would. I move that we uh adjourn. Right. I'll second that motion. Danielle, roll call vote to adjourn when you're ready. Okay. John Delberger, yes. Michael Harrison, yes. Randy Jones, yes. Jang Gore, yes.

Okay. Meeting is adjourned. Thanks everybody. See you later. All right.