Board of Zoning Appeals (bza) - Regular Meeting

Hello. Can you hear me?

Can you hear? How you doing? Hi folks. How you doing? Good. How are you?

Is it because of

it shouldn't be too Randy, say something, please.

Pardon me. Say something. Say something. You trying to pick up my voice or something? Oh, sorry. You getting it? Can you hear anything? Hold on. Keep listening. Can you hear it now?

They don't tell you that when you move down here, do they? No, they don't. I think it's time. I think I'll call tonight's meeting of the board of zoning appeals to order, but we'll call whenever you're hear present. John Delberger here. Darla Brown here. Jane Gore here. Andy Boy,

present. Right. Uh hopefully everybody had a chance to review the minutes from uh the September 24th meeting. I didn't have any changes to suggest. Anybody else? No. No. I would entertain a motion to approve them as written. So moved. I'll second it. Roll call voted to approve the minutes when you're ready. Okay. And this is for the executive session as well. Uh this is just for the regular meeting on the 24th. We'll do the executive session. Okay. Randy Jones, yes. Jane Boyer, yes. Delberger, yes. Andy Boils, yes. Charlotte Brown, yes.

Right. And we also got minutes from an executive session we had. I think it was October 10th. And I didn't have any changes to suggest to those minutes either. Nope. Me neither. Right. Want to move to approve them? So moved. Second. Roll call vote when you're ready. Jame, yes. John Zelberger, yes. Andy Boils, yes. Charlotte Brown, yes. Randy Jeff, yes. Right.

Uh, we did have one old business item on the agenda, but that was a petition. It's been withdrawn by the petitioner. So, we'll go to the new business for tonight. First item is docket number 25-va 06 which is a request for a variance from side rear setbacks. Are you ready Caleb?

Right. This is the staff report for Urbanowski variance competition docket number 25-B6. Hearing date October 29th 2025 petitioners and property owners herald construction for Mark Urbanowski. request variances from the rear setback requirement of 25 feet and from the side setback requirement of three feet. Ordinance provisions section 3.6 variances and 4.6B and 4.7A standard setbacks of the Brown County zoning ordinance location 7218 Flounder Drive, Neneva and Hamlin Township within the Cordri Sweetwater Conservancy District. The property is located on the northeast side of Flounder Drive, approximately 820 ft east of the intersection with Center Lake Road. Zoning and current land use property is own Lake Residential LR and has an existing home and shed on the property. General findings. One, the Brown County zoning ordinance provides that the minimum distance between the rear line of structures and the rear property line should be no less than 25 ft. The minimum side setback requirement provided in the ordinance for an accessory structure is 3 ft. Two, since new construction must meet current setback requirements, this request requires a variance approval from the rear lakeside and the left/north property line of the property. Subitioner is requesting a variance to allow building to both the rear and the side property line with no setback. Three. The owners wish to allow construction of both lower and upper decking as well as a roofed grilled grilling area. The proposed new construction will extend north and east from the home. A shed currently sits at the northern property line and will remain

or as with most properties in the area, this property declines significantly toward the lake with an elevation change of approximately 21 ft from the parking area stairs to the rear of the home. Five, there are many examples of reduced setbacks for pre-existing and for new construction within the cordry sweet water conserving sea district. Six, according to the site plan, the front and side right side setback will be unchanged. The board may grant a variance with respect to specific property if after conducting a hearing under section 7.2 of the Brown County zoning ordinance, it finds that Would you like for me to read all three of those conditions? Uh, no, that's not necessary.

All right, summary. There are many examples of reduced setbacks within the Lake Residential Zoning District. However, the board must decide if allowing a zero setback on the rear and side property lines will be materially injurious to other properties in that district and vicinity. And this is looking from the parking area at the road down and then looking back up toward the parking area. I'll show looking down again and back up. This is the southern property marker. You can see the flags here. Hard to tell there. And then the northern marker flagged here next to that existing shed looking southeast from the road then toward the road from the top of the stairs. So the road kind of comes at an angle here. the site plan overall plan. These are provided by the petitioner. And here are just some elevation markers um from top of the stairs to the edge of the house there. nearby variances, these pinkish purple squares. And again, approved variances within the lake districts.

What did the what do the pink squares indicate? I didn't hear what you said. Approved variances. Okay. All right, that's the end of the report. Thank you very much. Any questions from the board for Kayla? I don't either. Is petitioner here tonight? Yes, sir. Is there anything you want to add to Kayla's report? Uh, anything you want us to know that she didn't share? If so, if you'd go to the microphone and uh because we're recording. I don't think so. I think she got it covered at all. Okay. Pretty good.

All right. Thanks, Anybody here tonight wants to speak uh for this petition or against this petition? I don't see anybody. So, I'll bring it back to us on the board to decide. Um Kayla, how many cards went on? 14 and eight were returned.

Have a collection. Are you Mark? time that you stepped up. I have a question for you. Since there lots of stuff out there where you're ask pretty fairly limited size, is this expansion going to affect your existing septic system? No. Okay. That's all I Thank you. Any any thoughts on this from anybody?

This wouldn't be the first or second one of these that we've considered up here. I'm inclined to approve it. If anybody feels any differently about it, I don't have a problem with it. Then I think I'll make a motion that we approve docket number 25-v06 which I would request from the variance for side rear setbacks. Second motion to approve the second it whenever you're ready Daniel vote. Okay. John Delberger yes. Andy Boilles yes. Darla Brown yes. Randy Jones yes. Jane

yes. Okay, your request has been approved.

Stand. Next item of new business tonight is docket number 25-see-14. This is a request for a special exception for a tourist home in Nashville. Kaylin, staff, report whenever you think. This is the staff report for Dogwoods LLC tourist home. Pocket number 25-se4. Hearing date October 29th, 2025. Petitioner and property owner Wanda Jones for Dogwoods LLC. Request to the special exception for a two guest room tourist home with a maximum occupancy of four guests. Ordinance provisions. Brown County Area Board of Zoning Appeals Resolution 2022-01. Tourist home special exception guidelines and conditions and section 153.111 of the town of Nashville zoning code. Location 54 South Jefferson Street, Nashville, Indiana in Washington Township. The site of the proposed tourist home is located on the southwest side of the intersection of Jefferson Street in Old Hickory Lane. Zoning and current land use. The property is zoned restricted buffer RB and consists of a residence. General findings. One, the home is located on lot 120 of the original plat of the town of Nashville. Two, the petitioner is proposing a two- guest room tour with a maximum occupancy of four guests. Three, the two-story home sits on a basement. The basement and second story will not be available for guest use and will remain locked. The main floor consists of approximately 968 square ft of floor space which includes three bedrooms, a living room, a kitchen, and

two bathrooms. One of the bedrooms on the main floor will remain locked and be unavailable for guest use. Four, the two bedrooms available for guest use contain approximately 248 square ft of guest space, which exceeds the 50 square feet per guest space requirement for four guests. Five, the home is located outside the boundaries of the average 100-year flood as indicated on the flood insurance rate map. Six, the site plan shows parking for five vehicles to the west of the home at the intersection of Old Hickory Lane and Bittersweet Lane. This exceeds the parking requirement. Seven, Hills Vacation Rentals will manage the tourist home. Eight, Juke Energy provides electrical service to the property. Nine, the petitioner states that an inspection was requested from the Brown County Volunteer Fire Department. Water and sewer are provided by the town of Town of Nashville Municipal Utilities. 11. The town of Nashville and the Turstone guidelines both prohibit the discharge of firearms. Notice will be posted inside the home. Recommendation if the board grants the request for a special exception to allow a tourist home should be based on the following conditions. One, all tourist home conditions are met. Two, the home will be limited to four guests. Three, a local management company will be utilized. Four, the basement, second floor, and one bedroom will remain locked and be made unavailable for guest use. Five, a copy of the site plan will be provided to guests and by the home to delineate the property lines. Six, a not notice will be posted that the discharge of firearms is prohibited. Findings of fact the board may grant a special exception for a use in a district if after a hearing under section 7.2, it finds that

one section 3.1 of the Veron County zoning ordinance authorizes special exception for this use in the designated district. finding special exceptions for tourisms are allowed on property zone restricted buffer RB. Caleb, if you're if you'd like, you could just read the findings. I think we'd be fine with that. Just go to the very bottom.

Officially for tonight at least. findings. Staff finds no evidence that approving this application with the conditions listed will materially and permanently injure other property or uses in the same district and vicinity. There's no evidence that the impact of this tourist home on neighboring property will be substantially different than the impact of tourist homes previously approved. Recommendation based on the findings and prior BCA decisions. Staff recommends the board approve the petitioner's request with the conditions listed. This is the addition that's under construction now. And this is the parking area here. Like there are five places delineating. It definitely looks like five places. Excite me.

That's the end of the report. Were there cards sent out on this? Yes. 22 of 25 were returned. Um, one other question. If we purchase tonight, is it do it need to go through town again at all? Is there is this fine? So, it would need to go through the DRC within the town of Nashville since it's a business use in a um residential buffer restricted buffer area. DRC design review committee.

Gotcha. I have a question. It suggests that if we approve this, it's with the condition that the basement second floor and a bedroom on the main floor would be locked and unavailable. Yes. Why do you want that to be a condition of approval? I mean, I understand it's it's voluntary to do it, but do you want to make it a condition? That's up to you. I don't think that it has to be. It could technically be six guests, right? It it could be whatever you guys approve it to be because it's on sewer. That's what I'm saying. But I mean it has three bedrooms. Well, only two will be available. Yes. Right.

Yes. Questioning if she wants to make it a condition or not? Would it would it not also change to a sixbedroom versus a four bedroom? Oh, we would approve it as a G four guest tourist home. So by limiting the number, yes, I really don't care how many bedrooms they have to choose from. Yes. As far as sleep, I think what Andy's asking is for going over that minimum is what you're saying, I think. But why don't we ask the petitioner?

Any questions? Well, this may not have any direct but information. The DRC is something that every change in modification or addition to a home or structure building inside Nashville has to go through for review. Not necessarily. So, if it's in um residential buffer, the way I understand it is if it's a a single family residence, no. If it's a tourist home, yes. So if it's a business use in RB district, okay, it would be there and then anything in the business districts.

Okay, that makes sense. Okay, thanks. Right, do you want to come up and uh Randy had a question for you? I think maybe maybe he wanted me to have a question. No, absolutely. About number of guests or something said, why don't I ask one? Oh, yeah. So, well, with respect to Andy's question about um you're going to be limiting it to four people. Is that correct?

Well, I I can limit to four people. I mean, I think I did. I just didn't realize that it would only be four people, I guess. I'm not sure. But, I mean, I don't intend to run I don't intend, first of all, I don't intend to turn into a tourist right away. It's kind of part of my retirement plan. I'm just sold my home in Nashville. I'm looking for a place to stay. So, this is a good place for me to stay in the future. I'd like to be able to rent it out, but be able to come back and use it when I want to. So, it's kind of a dual situation. So, I just thought that four people would be good. I suppose I probably should have asked for six, but at present they really would only use four. It would only make four available. I still have some items in the house.

Yeah, I think it was limited to four because there's the two bedrooms total 248 square feet and we require at least 50 square feet per guest. So, you don't have you're two feet shy of having five guests. I think that's the reason. That's fine. That's fine. I didn't realize that, but that's fine. Okay. Any other questions? Yeah. Any other questions for the petition? Okay. Thanks.

Anybody here tonight who wants to speak in favor of this petition or anybody who wants to speak against the petition? Okay. I don't see anybody. So, I'll bring it back to us to decide on. I personally have no following this. And just a point of order, uh, Patricia and I share the last name, but we're in no relation. Is that correct? That's correct. Okay. All right. I just want to clarify that with All right.

Okay. I Nobody has any problem with approving this, then I'd entertain a motion to do so. Uh, with respect to docket number 25-sec4, petitioner Wanda Jones by Dogwood LLC. Um, I move that we um send a positive recommendation with the following conditions. All tour conditions are met. The home will be limited to four guests and local management company will be utilized. The basement, second floor, and onebedroom will remain locked and be made unavailable for guest use. A copy of the site plan will be provided to guests inside of the home to delineate the property lines. A notice will be posted that the discharge of firearms is prohibited.

I'll second that. Roll call vote when you're ready, Daniel. Okay. Andy Boils, yes. Charlotte Brown, yes. Randy Jones, yes. Gore Del. Yes. All right. The request has been approved.

Okay. Um I noticed there's a reminder here about our meeting dates. November, December. Just to make sure you don't forget to come on along night. Okay. Should we make a motion to accept the tableabling request for Yeah, I think that's a good I'll make a motion to accept the tableabling Thank you. request of docket number 25-se and Virginia Tedro petition. Second. Okay. Motion to accept for a request that's been seconded. A roll call vote when you're ready, Danielle. Okay. Darl Brown. Yes. Randy Jones. Yes.

Jane Gore. Yes. John Dillberger. Yes. Andy Bole. Yes. And so the November meeting is going to be November 25th at 6 p.m. here. Here. And we now have two items on the docket because of the one that's tabled. 25th. 25th. And that's a Tuesday. So it's a weird day for us before Thanksgiving. at six. At six. Yep. And December is is on our calendar on its date anyway.

We'll have to find another date for the December meeting as well. Oh, there's another conflict with the commissioners and this room and the virtual meeting room. So, we gave the opportunity to budge last night, but they didn't seem to be willing to do that. They didn't seem to be interested. Randy, you've been threatened physical harm. So, do we need to select a date perhaps tonight? Although none of us have our calendars, right?

Um, we'll send out a couple dates just to see. I don't think we want to do it the week of Christmas. You want to do the Tuesday before Christmas? Not necessarily. I'd prefer not to soup. You gonna be busy? I Yeah, I think so. All right. If you'll send out the email, we'll figure it out by email. Make a motion to uh I have a question for anything, Dave, that we need to anything new or update us on. No. No. Okay.

Well, we have a motion to adjurnn. I'll second that motion. Roll call vote to adjurnn, please. Danielle Jones, yes. Jang Gore, yes. John Dillberger, yes. Andy Bole, here. Darla Brown, yes. This meeting is adjourned. Oh, fine meeting. debts