Plan Commission - Regular Meeting

All right. Good evening. Welcome to the Cal County Board of Zoning Appeals. Uh, at this time we'll take roll call. Yep. Frank Palver. Yes. Roy Walker. Yes. Andrew Proines here. Wayne Funk. Jason Carneahan. Andrew Cruz here. Chris Gmer here. Meredith Wright here. Okay. Uh, approval of the minutes from March 10th, 2025. Listen to a motion to approve. We have a motion. Is there a second? All of those in favor say I. So moved. Old business. U none. Pardon me. Oh, thank you. New business, petition 25-07. Uh, this is a excuse me, a petition of Michael and Tammy Beagle requesting a development standards variance to allow for the reduction of the front yard setback for a detached garage. Excuse me. Uh, the proposed garage will be 69 ft from the center of County Road 8 and the required setback is 80 ft. property is located at 1875 County Road 8 in Ashley and is zoned A1 conservation agricultural. Um to the north and southeast west around it is uh farm ground to the north and farm ground to the south and to the west and east is single family re residential all zoned A1 agricultural. Um in the uh UDO in section 2.06 06 and the A1 district development standards. Uh the front yard setback is 50 ft for primary and accessory structures. Um

when we determine that front yard setback in the UDO in section 5.43 uh the setback uh dimensions are to be taken from the center of the road adding together the ride ofway as determined by the DAO county thoroughfare plan plus the minimum front yard setback per each two-page layout in article two of the zoning districts. Uh, county road 8 is equal to a 60- foot rideway. It's considered a county local road. So, 30 feet from each side of the center. In this case, um, the total setback from the center of the road would be 80 ft, which is 50 ft from the building setback line plus a 30 ft ride of way equals 80 ft total. Uh, petitioner is, like I said, requesting to build a detached garage. Uh, the garage will be approximately 69 ft from the center of County Road 8, thus requesting the variance for 11 ft. Um, it meets the standards of the of the sideyard setback. You can kind of see that there. Uh, they have it at 10 ft. Uh, variance is needed due to the existing home location and lot size. The subdivision was recorded in 1974 and according to Mrs. Beagle, um, house was built in 1974 as well. Um, lot size is44 acres. Um, I also put in your packets, one thing I overlooked was the impervious surface coverage calculations in our A1 zoning district. The maximum lot coverage uh permitted is 15% which is only 2,00 for this property 2874.96 ft. Um, the home is about 36,000. The shed um in that uh north uh east corner of the property is about 500 ft. uh the gazebo being 220 square feet and the driveway sidewalks about 6,200 square feet. Um that's about 10,500 square ft of existing improvements and divide that by uh the one

19,166.4 ft which is the lot size and square foot. Um total existing lot coverage is 54.8%. Um, when you add in that proposed barn of 960 or sorry, proposed garage of 960 ft, you're at 59.8 uh% lot coverage. Um, so we need to add to the request for the increased impervious surface coverage um for this variance. Um, as you can see the on the aerial map, um, the lot really is just kind of big enough for what they've got there. Um, and I believe, if I remember right, I'm sure um, Michael or Tammy can can correct me if I'm wrong, but I believe the septic is in the to the west in the north. Um, so this is kind of the only place for them to um, add any sort of improvements to the property is on this on this east side. Um, and with the lot being the size that it is, uh, the impervious surface calculations are obviously going to be over what, um, is allowed. Be happy to take any questions you have. Um, as I said, Michael and Tammy are here to answer any questions as well if you have any. Um, otherwise I'll was do you know if there was any lot size minimum maximums from 1974? I would assume there was and I would I'd have to look at the old um master plan see if I could find something. Um, basically this would be a legal non-conforming currently. Correct. It'd be considered illegal non-conforming. So, really the 5% more on impervious surface in my opinion wouldn't be that

big of a deal. I did drive by it today um over here on the east side property line between the neighbors and it's a lovely uh tree row. The neighbors can't see it. They're not going to be bothered. It's almost impervious to the neighbors. So, it really won't mess up sight lines and it's not like the neighbors, you know, are going to have to look at it right there. It's you can't really see the neighbors through that tree line. Looks pretty good. I'm just surprised that of the lot size, especially given 1974 That's pretty small. Yeah. But look at looking at the neighboring properties when I drove by, they were all pretty much non-conforming. Yeah. Oh, yeah. And were they all I mean, maybe they got exceptions too back then. It just wasn't recorded in a way that we could easily pull that data. Okay. No, that's fine. Um, Michael or Tammy, would you like to talk about your plans that are You will come up to the microphone. Just make sure it's on. Should be a blue light turned on when you hit the button. Is your name and address? Um, Michael Beagle, uh, 1875 County Road 8, Ashley, Indiana. Um, the reason why we wanted the uh, put the garage up there was for extra storage. Um her mother is going to

be uh 91 here pretty soon. Um and her property um Tammy uh is yeah she owns it but she has the right to live there. So uh when she passes there's going to be a lot of extra stuff and we don't have no storage space. So that's the reason for the addition. Okay. So So this is just going to be like a garage or Yeah. Well, um let me clarify it. It's not a It' be a a pole building 24 by 40 by 16 ft. Okay. You don't intend to uh put any additional driveway permanent um impervious structure down um to that building? I was thinking that the way it sits uh we could go adjacent to the one that we have already there. Instead of coming from the road or anything like that, we could just uh curve it right into the one that we existing. Yeah, we just I think attach it to the existing driveway just to get to where the garage door would be. I would assume the door on it. Yes. So, what you have there now is like a circle driveway. Yes. And then that's going into the existing garage. Yes. Okay.

Any more questions from anyone? Do you have drainage outlets for eve spouts and will you have e spouts and everything on that building to take care of the water? I believe so. That's kind of important. Mhm. Well, when you got that much impervious area. Yes. No place for it to go. Even more important except to the neighbors. Yeah. So, where you're building this, are we incorporating the building that's already there? No, that will be moved. It's just a That's just a shed. That's just a shed. Okay. That will be completely removed. Yes. Yes. What's the reason you can't go farther north with the shed or your newborn moving it back? Um, there's a a a existing side room to the house. I see. Yeah, it's like a maybe a 8 by 10 little side room. Mhm. This will be a line. Yeah. No, I don't have more questions. No more. Nobody else. Thank you. I would ask if there's anybody else to speak, but there's nobody out

there. So, okay. Ready for findings? Yes. All right. Jurisdictional findings and all of these are proposed findings tonight until adopted by the BCA one way or the other. Application completed and filed on April 11th. Yes. Uh legal notice published in the Star on May 1st with publishers affidavit and receipt received. Yes. Certificate of mailing notices sent and receipts given to staff. Yes. Letter from the county board of health dated April 9th. Yes. Letter from the county highway department dated April 3rd. Yes. Yes. Letter from the soil and water conservation district dated April 1st. Yes. Letter from the county surveyor or drainage board dated April 4th. Yes. And the letter from the Daw County Airport Authority is not applicable to this situation. So we have some proposed findings of fact. Uh three questions in particular. Uh we'll go through each one separately. Number one, will the approval of the variance request be injurious to the public health, safety, morals, and general welfare of the community? I would say no. The proposed reduction of front yard setback will not be interest to public. The detached garage will not feed any line of sight of the neighboring properties or impede the overall use of the property. We'll see letters from the various county departments. And will the use and value of the area adjacent to the property included in the variance request be affected in a substantially adverse manner? Uh no. The proposed reduction to the front yard setback will not adversely affect the neighboring properties. Neighboring properties are vacant land used for farming or single family residential.

Will the strict strict application of the terms of the unified development ordinance result in practical difficulties in the use of the property? Yes. The current lot size subdivided in 1974 is small and the strict adherence to the unified development ordinance um will cause issues with that. All right. And um All right. So then we have down here proposed recommended uh conditions of approval. Uh staff's recommending approval and recommending the following conditions. Number one, the board retains continuing jurisdiction of this from development standards variance to asssure compliance with all terms conditions and or impose additional conditions deemed necessary for health and safety. Number two, a development standards variance to allow the reduction to the front yard setback to 54 ft is approved. Number three, comply with any applicable environmental standards as required in article 5 5.1101 in the unified development ordinance. Number four, no off-site drainage crossing said real estate should be obstructed by any development on the site. And number five, no certificate of occupancy or certificate of completion shall be issued until the applicant files written evidence of compliance with any conditions of the Dec County Board of Health, Dow County Highway Department, Decau County Drainage Board, or Dic County Surveyor, Cow County Airport, Soil and Water Conservation District, or other agency is applicable. File written evidence of compliance with federal or state agencies were identified in the findings or conditions and the zoning administrator to determine when the conditions have been met. this maximum uh service coverage was that going to be incorporated in some way? Can we just add that to the motion to approve both finding that and include in that the

idea that the uh your answers to the proposed findings would not change with the impervious. Then also, do we want to add the condition that eve spouts are put in in a manner that drain properly as the only real condition? And it sounds like they're agreeable with that to have the e spouts. I think that'd be appropriate. We may want to also note that they do intend to have additional coverage, impervious coverage with the extension of the drive. Yeah. So that no one could ask about that later. Add that to condition two that the maximum pvious surface coverage increases to 60% if approved and then the eve spouts um what' you say located. Yes. Um put on the building in a way that proper drainage is taken from the yard. Pretty good size building. So Okay, perfect. Any more comments? Any more questions? Okay. Um I'd entertain entertain a motion for approval or disapproval. I'll make the motion that we approve um both the increase in um imperous surface coverage as well as the front yard setback being reduced on the conditions that eve spouts are put in that properly drain the yard and what was our other condition Chris okay I thought we had one more an

eastbound, I think. Those are the And that's that's the motion. Yeah. Yes, there's a motion. Do I have a second? I'll second it. Have a second. Right. Rory Walker, yes. Andrew Provines, yes. Wayne Funk, yes. Frank Palver, yes. Thanks, guys. See you tomorrow. It is crazy though. These small lots are going to be a problem down the road. Yeah. Oh yeah. I mean the the section where the I think that's Yeah. Well, if they had to put a new in, they'd be out of luck. And you can see the was that if you Andrew you drove out. Do you want to finish the finish this and then you can have your wet spot or what? No, the gazebo. Oh, really? It's over the line. Yeah. I think all I think all the residents on that strip are going to be same problem.