Board of Zoning Appeals - Regular Meeting

Thursday, April 30, 2026

The Board of Zoning Appeals approved several variance requests, including a pole sign for McDonald's, reduced landscaping for a new restaurant, an increased height for an auxiliary building, and a barn for personal storage. One application for farm animals was withdrawn to allow for re-filing with updated information.

About this meeting

Government Body
Board of Zoning Appeals
Meeting Type
Board Of Zoning Appeals
Location
Delaware County, IN
Meeting Date
April 30, 2026

Transcript

75 sections (from 92 segments)

0:01 – 1:27Speaker 1

Welcome this evening to the April monthly meeting of the Delaware Muncie Metropolitan Board of Zoning Appeals meeting. Um, we will first please stand for the Pledge of Allegiance. And I'll have Miss Heidi lead us if you would. I pledge allegiance to the flag of the United States of America. And to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Let me move on to Okay. So, we do have a new member this evening. Um, so I would like to swear the new member in um with the oath of office. Um, we have Mr. Stephen Hines with us for his first meeting this evening. His term will be starting this evening and be through the end of um 2026 currently. So, if you could, Stephen, just please stand. And raise your hand and just repeat after me and you don't have to reply until the end. Do you agree to make planning decisions regardless of political pressures, to show leadership and enlightening both the public and local government in the ways of planning,

1:27 – 2:20Speaker 1

to recognize the role of compromise in public affairs, but never to compromise the principles of honesty and integrity, to refuse to act for personal gain, to be tolerant of vested interests, but never to favor them at the expense of public well-being, to encourage a planning program which shall improve the community and its people to the result of better government for the future, to perform the duties of your office to the very best of your ability. If you agree, please respond with I do. I do. Okay, thank you. And welcome to our board. Yes. We'll move on to roll call, please. Matt Billington. Present. Delaney Fritch.

2:19 – 2:30Speaker 1

Present. John Hamilton. Present. Stephen Hines. Here. Richard Ivy. Present. Christy Knapp.

2:29 – 4:25Speaker 1

Present. Leslie Matthewson. Present. Great. So, we have all seven members of the board present this evening. So, we will um move forward with the consideration of the February 2026 regular monthly meeting minutes. Um, the chair would entertain entertain a motion for the approval of the same. I would make a motion to approve the February meeting minutes as presented. I'll second that. So, we have a motion and a second. Roll call, please. Billington. Yes. Fritch. Yes. Hamilton. Yes. Hines. Abstain. Ivy. Yes. Knapp. Yes. Matthewson. Yes. Six yeses, so that is official action of approval of February 2026 meeting minutes. To the next one. Okay. Um, a few announcements here. We do have a case BZA 11-26 that was advertised and the appeal filed by Murphy Oil USA on premises located at 1421 East 29th Street, Muncie, Indiana is continued to the next monthly meeting. Um, so that will not be heard this evening. The next meeting is on May 28th, 2026 at 6:00 p.m. in this room. Um, just so if you are here for that meeting, it will not be heard this evening.

4:20 – 6:18Speaker 1

Um, we also have another case BZA 16-26. The appeal filed by DCRT LLC on premises located at 2517 West 8th Street, Muncie, Indiana has been changed to a special use and will first be heard by the Metropolitan Plan Commission at a public meeting on May 7th, 2026 at 6:00 p.m. and will then come before this board, the Board of Zoning Appeals, at the next monthly meeting on May 28th, 2026 at 6:00 p.m. So, that case will not be heard this evening either. Okay. So, before we get started with our old business, um I'll lay some ground rules. So, first of all, we would ask that if you have your cell phone on, if you can, please either turn it off or on silent. Um, when your case is called, you'll need to um step up to the mic um and give us your name and address. Um, the applicant will first have an opportunity to explain what they're asking of this board um this evening. Um, and then those who wish to speak in favor of the requests would then have an opportunity to speak. Um, then the individuals that might not um agree with the requests would have an opportunity to speak um and give us their position. And lastly, the applicant would be called back up to um address some of the concerns or additional questions that the board would have. Um, we would ask that everybody um show respect to every um to the speaker. They may not have the same position and opinion as you, but we would like to have everybody have an opportunity to give us um their thoughts and opinions.

6:15 – 7:05Speaker 1

Um, and tonight, um since we have all seven members tonight, um unless one of the members abstains, um we will have um official action on your case. So, in the what um an official action would be would take at least um four of the seven individuals present tonight to vote one way or the other. Um, so again, anticipate having matters um finalized um this evening unless um somebody um abstains from voting. And I think then we will move on to old business then. Question or what?

7:03 – 9:01Speaker 1

Yes. Uh, with how big our schedule is, are we going to enforce the time limits today? Um, I guess a lot of it will depend on um uh I guess how many people um we anticipate speaking, um but potentially could if if we uh believe that there are multiple speakers on on a matter. Yeah. And that would just be a three three-minute time limit for each speaker. BZA 04-26 jurisdiction Board of Zoning Appeals being a continuation of a public hearing on the matter of an application filed by McDonald's and Pegasus Future 2 LLC requesting a variance from the terms of the City of Muncie Comprehensive Zoning Ordinance to allow a pole sign for a new restaurant on a corridor road on premises located on the southeast corner of Macedonia Avenue and 29th Street, Muncie, Indiana as more accurately in the application. Uh, good evening. I'm Dan Olson with the Upstream Design Group at 1027 Nottingham Road in Sycamore, Illinois. Um, back here uh again uh for the third time. So, nice to see you all again and and looking for a uh for a positive uh vote this evening uh for the sign variance as described. Um, just a couple of quick things. I think last time we were here before you, we had a much taller pole sign um that we were looking for. Um, the current application tones that back to a 21-ft tall uh pole sign, still in the same location. Um, and I'll I'll walk through a little bit of the hardships um that are part of this application, but just wanted to point that out that in in a sense of compromise and trying

9:00 – 10:59Speaker 1

to work with the board to come up with something that will work for everyone, that sign has been lowered down to to 21 ft. Um, as described, the property is at the southeast corner of Macedonia and 29th. Um, the property is rectangular in nature, but being on the hard corner has a a chamfer or a cut on the northeast corner of the property. Um, and what that does in conjunction with the presence of an existing multi-tenant monument sign that is there um on the northeast corner of the lot and a I guess it's about a 32-ft high billboard that is in the center of the lot and there are about three different easements running across the frontage. There's an electrical easement, a sidewalk easement, uh and I think another utility easement running along the frontage. There is very limited opportunity for signage uh for the McDonald's. And so, to to tuck one in there, we kind of have one spot where we can do it and for it to be effective. And in doing that, it's on that corner where the chamfer is, which pulls it back from the intersection substantially from where the billboard would be and where the monument sign would be. So, those vehicles that are eastbound and westbound having an opportunity to see that, it's delayed because it's so far pulled back into the site. And so, the hardship that we're facing is really one of visibility and one of location and and lot shape and size. So, for McDonald's, as you can imagine, any any quick service restaurant, visibility is paramount. So, we derive our business from larger than 50% of impulse people stopping in. It's not a destination per se. For most people, it's it's an impulse. They're driving by, they see it, and they pull in. They have to be able to see us in order for us to be successful. So, we're not looking for anything crazy. We're just looking for some visibility to deal with the existing circumstances

10:57 – 12:57Speaker 1

on that corner. I would take any questions that you have for me. We'd like to get approval tonight. I think they did break ground on the site a couple days ago is what I've heard. So, we're excited to be part of the community and and invest there and just looking for a little help to get some visibility. Thank you. So, I guess just for visual purposes, is so the sign would be um close to the same height as the sign signage for the multiple businesses in the adjacent parcel there? Yes. That's correct. And again, I think just for clarification, just to ensure that you're even though the written request is 45 feet pole sign, you're asking then a 21 foot Yeah, and the logic there is obviously smaller to try and compromise one, but two, rather than going over that billboard, we're trying to get visibility through through there. So, we're trying to be strategic on all fronts. Does any other board member have any questions? Um you're seen, then you may have a seat then, sir. Anybody else wishing to speak in favor of BZA 04-26? Good evening, um Mayor Ridenauer, we're 300 North High Street. Um we are very much very excited about having this restaurant on the south side

12:53 – 14:52Speaker 1

and what it will do in in that area. So, we're very excited about that. They've been very accommodating. They've worked with Adam throughout our city engineer throughout this whole project, and I am hopeful that because of the uh the the disadvantages of the easements and the billboard and the other signage, that you will vote favorable for this. Thank you. Thank you. Anybody else wishing to speak in favor of this request? Seen none, anybody wishing to speak in opposition to BZA 04-26? Okay, seen none. Um the only thing that I could add is that as Mr. Olsen said, they had adjusted the height down. They did adjust down and asked for a 20-ft sign, but per our office, we asked when they went down to the 20-ft sign, they no longer met the minimum 10-ft clearance underneath the sign. So, we did ask them to go back up to the 21. So, they worked with our office on that one. Um city building commissioner Richard Rawlings, he had some input. He thought this was appropriate for the location with the existing billboard there, which was approximately 30 ft, and the existing cluster sign, which is approximately 16 ft. So, he had no opposition to this. And then, to my knowledge, the billboard and the cluster signs are for off-premise advertisement for other businesses, and McDonald's has agreed to let them stay on the property

14:49 – 15:31Speaker 1

to my knowledge at this point. And then, there also is the utility box right in that line along with the other signs as well. Then the chair would entertain a motion with regard to the request. I would make a motion to approve BZA 04-26 to allow for a variance of 21 ft in height to sign. I'll second that. [clears throat] We have a motion and a second. Roll call, please. Billington? Yes. Fritch?

15:30 – 16:14Speaker 1

No. Hamilton? Yes. Hines? Yes. Ivy? Yes. Knapp? No. Mathewson? Yes. Okay, so that is five yeses, two nos. So, that is official action of approval of BZA 04-26. Our office will provide you a certification of that approval. Mr. Olsen, and you can move forward with your applying for your sign permits. And when your case is completed, you are free to leave the for the evening. [clears throat]

16:24 – 18:22Speaker 1

BZA 10-26, jurisdiction, Board of Zoning Appeals, being a continuation of a public hearing on the matter of an application filed by the Flower Bin Inc. and Small Sliders, requesting variances from the terms of the City of Muncie Comprehensive Zoning Ordinance to allow reduced foundation plantings on the east side of the building and to allow reduced front green belt, all for a new restaurant on a Cordon Road on premises located at 211 West McGalliard Road, Muncie, Indiana, as more accurately described in the application. Hi, everyone. I am Ellen Broyles. Can everyone hear me okay? Um I am Ellen Broyles. I know I was not here last month, but excited to be with you guys today. Muncie means a lot to me and my family. I'm a graduate of Ball State University in 2017, and my roots run very deep here with my grandparents being here and then majority of my family still here. So, it would mean the world to be able to bring Small Sliders, the first in Indiana, to this city, and we're requesting a variance for a green belt. I want this board to know that we are agnostic to a sidewalk versus a green belt, but just given the depth, we have to and the city planning is requesting that we have a sidewalk to make sure that pedestrians are safe in walking to and from that trail. So, that is our request here today. And I also have Bill Terry with me, our civil engineer, as well as Nate Menace from our corporate office in Atlanta. Bill Terry with W Engineers, 105 North College Avenue, Indianapolis, Indiana. There's one more variance, and that's the landscaping up against the drive-thru. Um basically, you got your drive-thru lane, so there was not enough room to place any. So, we did ask for a variance.

18:19 – 19:00Speaker 1

On the green belt, the property is 182 ft in width, and we did provide 64 ft in width, as you can see on the landscape plan. We did place three trees on the east side and two trees on the north side within that the 10-ft green belt to try to come up and try to at least get the situation correct. And um you also the two additional variances we did last month, which was the facade of the building was granted by planning, and also the um the unloading zone was taken off the for the variance request. So, if you have any questions, please ask.

19:01 – 19:14Speaker 1

[clears throat] So, my understanding is that the request to not abide by the natural materials of the building has been removed from the variance. Is that correct?

19:12 – 19:50Speaker 1

Correct. Okay, cuz so in our packet, we still have imaging of the old design, but that is not what the building will look like. No, it's hardie board with a stone feature at the bottom. Does any board member have any additional questions?

19:55Speaker 1

I don't hear any so you can have a seat then please.

19:57 – 21:57Speaker 1

Thank you for your time. Anybody wishing to speak in office or in favor of BZA 10-26? Good evening Dan Ridinger again. We are at 300 North High Street Mayor of Muncie. Uh we are uh I know they've they've worked uh diligently with city engineer um Adam Leach to come up with this plan and um we appreciate the investment. We always love being the first that's kind of nice but uh we appreciate the investment in that uh that section um and uh the dollars that they'll be putting in is uh will be very advantageous for our community and having this product which will be I think a lot of fun for uh a lot of the residents and look forward to it. Look forward to it. So we're hopeful that you can accommodate with a favorable rating. Thank you. Anybody else wishing to speak in favor of this request? Anybody wishing to speak in opposition to BZA 10-26? It's seen then I'll turn it over to um Kyleene. Okay so just to add a little bit of clarification for the board for that too um Mr. Terry did work with our office on a couple of those previous variance asks. Um the facade materials um no longer need to be asked um to be a variance. Um the ordinance that they were asking for the variance for is that building materials on the front facade any facade visible from the public right of way

21:55 – 23:44Speaker 1

and any facade with a dedicated public entrance into the building must be primarily of natural materials conveying permanence such as but not limited to brick stone wood siding split face scored or ground face block. So they are now meeting that based on the materials in the plan submitted. So our office did approve um that that does now comply with the ordinance. Um also as Mr. Terry said they do now have a designated loading unloading area. Um the reduced foundations on the east side of the building is where the drive-thru is that totally um is justifiable to us. There's no room for a 5-ft foundation planning when you are getting in giving to a drive-thru window. Um so that is a very common one when we have a drive-thru um at a business. Um the reduced greenbelt as they said the applicants are installing a 6-ft sidewalk. Um and they've kind of came to that decision factoring in discussions with Adam Leach city engineer and our office um and we did agree that we thought the sidewalk was the better choice of asking for the variance for the greenbelt and going ahead and installing the sidewalk. Um Richard Rawlings city building commissioner said that um the plans were uh good quality and modern build. And then we do have emails from Adam Leach city engineer with approval of ingress egress and other items that he reviews and we do have an email with approval from Courtney Pruitt from the Muncie sanitary district as well.

24:02 – 26:00Speaker 1

It's then the chair would entertain a motion um for of the um requested approval. I make a motion to approve BZA 10-26 um with the conditions that the applicant continue to work with staff to submit an approved site plan or seek any additional variances and that all the necessary approvals fire department health department building commissioner city engineer be granted before the business starts. I can pass. So we have a motion and a second. Roll call please. Hamilton? Yes. Hines? Yes. Ivy? Yes. Knapp? Yes. Billington? Yes. Brich? Yes. Mathewson? Yes. Okay so that is seven yeses. That is official action of approval of BZA BZA 10-26. Thank you very much. Our office will provide you with that certification and you can move forward with some of your permits. Thank you. Okay BZA 12-26 jurisdiction board of zoning appeals being a continuation of the public hearing on the matter of an

25:58 – 27:49Speaker 1

application filed by Chris Hyatt requesting a variance from the terms of the city of Muncie comprehensive zoning ordinance to allow an increased height for a new building on premises located at 2812 West Birchwood Drive Muncie Indiana as more accurately described in the application. Uh good evening board Chris Hyatt 2012 West Birchwood Muncie Indiana. Uh being a continuation I'm here again to uh request your approval for a height variance on a auxiliary building on my property. Uh my property consists of a just under 1 acre 0.98 acres of uh land. Um uh my intent is to build a multi-purpose auxiliary building uh that uh will amongst other things house uh some vehicles. Uh one of the vehicles requires a 16-ft sidewall which uh is under the the uh restrictions. Uh but uh given the 412 pitch it uh goes beyond the height restriction of 17 ft. I think we're 23 ft total at the peak. Uh it's a 36 by 64 building. It's uh going to be built by a very reputable builder Morton Buildings. It's going to be insulated. It's going to be environmentally controlled. It's going to have 10 12 windows 39 light service doors. Excuse me. Uh overhead door of course and it will be adjacent to my existing residence. Um I have uh in preparation of uh this amongst other things invested in uh $10,000 worth of 50 trees uh to

27:49Speaker 1

[clears throat]

27:49 – 29:00Speaker 1

uh line Tillotson Avenue there. They're a uh emerald green arborvitaes which will create a natural screen. Although the building will be color matched to my property a brown trim beige siding. And uh I'd like to uh try and move with this project. We're a little delayed on it. Uh in the process between the uh hearings I did uh canvass my neighbors uh which I done verbally but uh I uh prepared and uh submitted to the uh Metropolitan Planning Commission a uh a statement of approval signed by most all my neighbors in the uh neighborhood. And uh outside of that that's a quick explanation of what's going on and entertain any questions. I guess I just have one clarification. I want to make sure because um I think your application just has you signing as Chris Hyatt. Uh just for the record um are you one of the same person um person as Christopher N. Hyatt?

28:57 – 29:36Speaker 1

I am. Okay so I wanted to just to verify um titled an irrevocable trust. Okay. Does any um member have any questions of the applicant? And I don't know if you have anybody else on um if you want the builder to speak or if you're fine just um speaking uh um so no I see somebody um the representative from the builder. behind me to answer any technical questions.

29:34 – 30:36Speaker 1

And I think there might be a couple people in support and some in opposition. I'm not sure. Sure. Okay. Okay then I'll ask is anybody um else wishing to speak in favor of BZA 12-26. Good evening, board. Stephen Brand, uh 8770 South County Road 200 West, Muncie, 47302. I would like to speak in favor of Mr. Hyatt's request this evening. I think a quick walk around any of Mr. Hyatt's properties, including his personal property and his business, shows that he is extremely concerned about fit, form, and function, specifically how it fits into the neighborhood. His proactiveness of putting up that screen of evergreens on Tillotson shows that he is a a forward thinker and a planner, and I would encourage you to vote uh in favor of this and approve it this evening. Thank you. We can You've got to beat the mayor to it.

30:36 – 32:35Speaker 1

Hi, my name's Mark Moreau. I live at 200 2808 West Burlywood Drive. I'm Chris Hyatt's next-door neighbor. Um I have the only property that actually adjoins his property cuz he's located on a corner of Bernau and Burlywood. Our Bernau and Burlywood form a little cul-de-sac of 21 houses, I believe it is. We're at the southeast corner of Tillotson and Bethel. Uh just south from the the football stadium of Ball State. Uh it's a middle-class neighborhood. Chris is a neighbor. He's uh he We're not good friends, although he's been there for 5 years, but we certainly know each other. I've been in his house once, he's been in my house once, but we see each other uh quite frequently in the neighborhood. He keeps his property very well. Um he's uh uh added a a circular drive in the front of his property and a flagstone walk, and uh uh a an attractive fencing in the front, and he told you about the plantings he put along Tillotson. It's all it's all quality of work, and it's all very attractive. Um He's active in the neighborhood. He helps the neighbors. He He When my snow blower broke down this past winter, he came over and used his front end loader to to plow my driveway. I know he's plowed the driveway of the lady across the street from him uh a couple times during the the winter. Um At the end of uh Bernau, Bernau abuts um uh Tillotson, and there's a stockade fence that keeps people from driving over the curb across the sidewalk onto Tillotson. Um and uh that stockade fence had fallen in dis- we uh repair, and Chris at his own expense replace replaced that stockade fence. It's it's about maybe 10 or 12 ft of stockade fence to keep cars from from jumping that curb and getting over to Tillotson from our neighborhood and using our neighborhood as a way to

32:32 – 34:32Speaker 1

to uh to to cut that corner of Bernau and Tillotson of uh Bethel and Tillotson. Um Chris is very active in the neighborhood. He's been there about 5 years. Uh he's out and about all the time. He talks to to all the neighbors. Um uh he attends our uh our neighborhood picnic that we have. He's very friendly and uh involved in the neighborhood. Um he told me about a year ago that he planned on putting up this building, and uh it was a few months ago that they started putting that pad in for the building. Um and uh uh it was it wasn't a secret or anything. It was all above board. It was apparently when he ran into this conflict with the height of the building. Every Everything was going along as planned. Um that uh he ran into the the the uh the height provision that uh um for his RV to fit in the building, it needs to be taller than allowed, and so that's why there's been this process, and and he posted the signs on his property about the meeting, and he had all the as you guys sent out the notices to all the neighbors to let us know about the uh the meeting. Um The building will be in his backyard, but the the backyard does go uh parallel Tillotson. Uh his house faces away from Tillotson towards Burlywood Drive. Um The uh I am as I said, I'm the only neighbor that that adjoins his property. I don't feel that this building is going to to uh lower the value of my property when the day comes to sell it or anything. I don't feel it's going to be detract from the uh the quality of our neighborhood, and I encourage you to support this building. Thank you. Can I add one thing? The zoning allows

34:30 – 36:29Speaker 1

the zoning allows for two-story building there and 30 ft tall uh in that zoning, and the property is adjacent to two to two-story structures that are 27 to 30 ft tall, so I'll be 6 ft underneath, I think. Like that. Just a little Uh Dan Ridenour, neighbor of Muncie, 300 North High Street. Uh we also are well at the city are well aware of the quality of the maintenance and uh the look and feel of all of Chris's properties over the years. Um and with what he's doing with the trees, uh we also are in support of Duke on this project, please. Thank you. Anybody else wishing to speak in favor of BZA 12-26? Seeing none, anybody wishing to speak in opposition to BZA 12-26? Seeing none, I'll turn it over to Kyleene. So, you did receive the um petition that was given to us tonight. It was not in your packet, but we did pass it out tonight. So, that says, "As a neighbor and noticed party to the proposed zoning variance regarding the increased height of the garage barn that Chris Hyatt plans on building at his place of residence at 2812 West Burlywood Drive, Muncie, Indiana, I have no issue with and stand in favor of the board appointing Chris Hyatt's zoning variance request and allowing him to move forward with his proposed building." And there are 18 signatures on that. Um and then I also just have a couple of comments. Um City Building Commissioner Richard Rawlings um says, "I met with him." Um he said Mr. Hyatt is actively working with him. Mr. Hyatt has been actively working with our office as

36:28 – 38:27Speaker 1

well. Um Richard said, "It is an attractive building. His property is currently very well kept. He's taken additional measures of planting the trees, and he has no opposition with the build." Um Mr. Hyatt has proposed the smallest size door to accommodate his camper. Variance ask is minimum to accommodate the height of the pitch of the structure um similar to many past requests that have been approved. That's all I got. Okay. So, then the chair would entertain a mo- motion as to BZA-12 or 12-26. So moved. We have a motion, do we have a second? Yes. We have a motion and a second. Roll call, please. Hines. Yes. Ivy. Yes. Knapp. No. Billington. Yes. Rich. No. Hamilton. Yes. Mathewson. Yes. Okay, so that is five yeses, two nos, so that is official action of approval of BZA 12-26. Um Mr. Hyatt, we will provide you a certification of that approval, which will then allow you to move forward with your permitting process. BZA 13-26, jurisdiction Board of Zoning Appeals, being a continuation of a public hearing on the matter of an application filed by Troy A. and Jerry B. Tucker requesting variances from the terms of the Delaware

38:25 – 40:24Speaker 1

County Comprehensive Zoning Ordinance to allow an increased height and to allow the total square footage of all accessory structures to exceed that of the dwelling, all for a new barn on premises located at 18709 North Littlejohn Lane, Union Township, Delaware County, Indiana, as more accurately described in the application. My name's Troy Tucker, 18709 North Littlejohn Lane. This is my wife. My name is Jerry B. Tucker. Um as referenced to as stated, uh we're requesting a variance for this it's steel garage on a slab foundation with driveway and electricity to it. It's a three-bay garage to house our pontoon, a truck, and our RV. Just to make the property cleaner and not make them yard ornaments. Um we just moved there last August. Uh we didn't hear of any opposition of this. Uh it's the neighborhood I grew up in. Uh when it was built in the '60s, uh it was built adjacent to Wise's cattle pasture that had the grocery store. It was built next to Smooth's pig farm. The whole neighborhood was built as a a country neighborhood, not an addition like Country Village or Hamilton Village. I don't know how many of you board members are familiar with that area, but uh it was built in a woods. All all the lots are an acre plus. Uh there were several lots that have woods in between the house and the next house of an acre. Uh we actually own half of the acre next to us that's wooded. Uh there are a couple other neighbors that have more than an acre wooded lots in between the houses. Um there's there was a pond dug for fishing for the

40:23 – 41:50Speaker 1

whole neighborhood, all the residents there. It's it's a a country setting. It's not a a neighborhood like you would normally see in town. Uh we're just wanting to build the garage, get the variance so that we park our stuff inside. There are other neighbors that have campers and boats in their driveways, and we just wanted to store our investments in a in an enclosed building so that they wouldn't get damaged by weather and wouldn't be visible all the time. Um there's even even uh one, possibly two neighbors in that neighborhood that have variances for farm animals now. So, it's like I said, it's a country setting. And I I submitted paperwork yesterday that moves the location of the garage over 6 ft so that it would be in agreement with the R1 zoning and the plat rules. And um we've talked to the two neighbors that will have partial view of it, and no opposition was noted from them. Um and I don't know if you've answered or talked about that discussion or not. Is this going to be just something for your own personal usage or do you

41:48 – 42:28Speaker 1

Oh, yes. It will be no business is conducted out of it. No additional traffic to the neighborhood. It's just to keep it out of sight, out of mind, and and keep it protected. Our property, our personal property. And I submitted pictures of what it'll look like. And in the pictures, I didn't have it, but the windows that are visible will probably have shutters beside them also, like the house would. Matching. I have one question. Yes. Um so, in the picture, it might not depict it perfectly. Is the driveway extending all the way to the road?

42:25 – 44:22Speaker 1

No. It it will come off of our driveway and then curve back. Yes, it will not go to the road. Okay. Oh, one other thing. The garage is actually situated on the property 198 ft back from the road. The front of the garage. And it's still in compliance with the 35 ft from the back property line. Uh there was a previous concern regarding the plat restrictions given the new plan. It appears in compliance with the plat restrictions, which I know was a concern last month. Does anybody else have any questions of the applicant? Then you may have a seat then, please. Thank you. Anybody wishing to speak in favor of BZA 13-26? Good evening, Stephen Brand again, 8770 South County Road 200 West, Muncie. Uh I would encourage you to approve the Tuckers' request this evening. It seems to me that they've taken care of the plat restrictions by repositioning the building. They're looking to add value to their property, and I predict that it will add value to their neighbors' property. So, I hope you approve their request this evening. Thank you. Anybody else wishing to speak in favor of BZA 13-26? Okay. Anybody wishing to speak in opposition to BZA 13-26? Also seeing none. Not sure. Do you have any comments on this matter? Um just that the the same as the updated

44:20 – 45:15Speaker 1

site plan that we did receive, they did move it six six feet further. So, um there's no violation of the plat restrictions. Um and this is similar to many other past requests that have been approved. Then the chair would entertain a motion as to BZA 13-26. I'd make a motion to approve BZA 13-26 with the condition that the barn be for personal storage only and not for business. Second. Is that you, Stephen? Okay. Roll call, please. Billington? Yes. Brich? Yes. Hamilton? [clears throat] Yes. Hines? Yes. Ivy? Yes. Knapp?

45:14 – 47:12Speaker 1

Yes. Mathewson? Yes. Seven yeses, zero nos, so that is approval of BZA 13-26. Our office will provide you a certification of that approval, which will then allow you to apply for your building permits. Mhm? Thank you. Thank you. New business. Um BZA 14-26, jurisdiction, Board of Zoning Appeals, being a public hearing on the matter of an application filed by Lotus Muncie LLC requesting a variance from the terms of the City of Muncie Comprehensive Zoning Ordinance to allow the redevelopment of an existing pole sign on a corridor road on premises located at 414 North Madison Street, Muncie, Indiana, as more accurately described in the application. Good evening. My name uh Ashish Patel, 11817 Red Roof Inn, Muncieville, Indiana. So, uh I'm representing uh Lotus Muncie LLC. So, we have the very tall existing pole sign. So, our plan is to cut down the sign and make it to 18 in. And uh put the new new sign instead of the Muncie Inn, we are doing Bliss Point Inn. Let me maybe ask um office a question. So, um are they able to if um or would they be able to use the sign as it is and just get signage to conform with um

47:10 – 48:04Speaker 1

how it's set up now? If you reface, redo the existing sign, that is what is causing them to have to bring it into compliance. Currently, it is legally non-conforming because it would it predates the ordinance. But with them refacing and making the sign new with a new face, um that just requires to be brought into compliance. But yes, it is changing from um the existing, let's see, I think it's um maybe it is around 30 ft currently, and it they are proposing to bring it down to 18 ft. Um it says 15 is the current height. I think the current height is 30. Does anybody have any questions of the applicant?

48:01 – 50:01Speaker 1

up a little bit here. Out of curiosity, when do you think it'll be done? Once we got approval from you guys, uh our sign guy, he's ready to work on it. So, our office did fill in the 50 ft. Um my notes of 30 came from Richard, so maybe he is estimating. Yes, it could be 50 ft. Currently 50, is that what you have to? Yeah. So, so our office did fill in number seven on the application to say that the existing non-conforming pole sign is 50 ft currently. So, it will go down to 18 ft. Anybody else have any questions of the applicant? Seeing none, then the um you may have a seat there, sir. Thank you. Yes. Um anybody wishing to speak in favor of BZA or 14-26? Dan Wrightnour, mayor of Muncie, 300 North High Street. This is an important property for the city of Muncie. I don't know if if you remember, but a few years ago we took actions to uh deem it a nuisance and we shut it down. And uh these are new owners that have a

49:59 – 51:50Speaker 1

chain out of Indianapolis. Uh we're excited about them. We've looked at several of their properties. And we're very happy. They're putting in substantial dollars into this. Uh the building commissioner, uh Richard Rawlings, myself, and uh Jeff Howe and we all got to tour it. So uh the rooms look nice. Everything's brand new. And uh we are excited uh to have this opportunity and uh and um it's been said to me uh and hopefully you will agree, the opportunity to take any sign height down is a positive. So this one uh we'll be doing that, but having this back as a positive part of that neighborhood uh will fit well with some other things that are going on that are part of the plan. So we hope that you will approve this for them. Thank you. Thank you. Good evening. Stephen Brandel, Delaware County Commissioner's office. I just want to echo the mayor's comments that any opportunity to to lower a sign I think's good for Delaware County and I ask you to approve it tonight. Thanks. Anybody else wishing to speak in favor of BZA 14-26? Anybody wishing to speak in opposition of BZA 14-26? Seeing none, then the chair would entertain a motion as to the request. Oh, I'm sorry. Yes. Just one Sorry. I just have one note um from Richard Rawlings, city building commissioner. Um he has no opposition with refacing of the sign as it would decrease the existing height significantly and improve the condition of the sign.

51:56 – 52:22Speaker 1

Would the chair then entertain a motion? Yes. I'll make a motion to approve 14-26 as stated. Thank you for the help. I'll second. Roll call, please. Fritch? No. Hamilton? Yes. Hines?

52:16 – 53:59Speaker 1

Yes. Ivy? Yes. Knapp? No. Billington? Yes. Mathewson? Yes. Five yeses, two nos, so that is official action of approval of BZA 14-26. Our office will provide you with the certification of that approval and you can move forward with your permitting process. Thank you. BZA 15-26, jurisdiction Board of Zoning Appeals. Being a public hearing on the matter of an application filed by Azucena Carolina Lucero Martinez requesting variances from the terms of the Delaware County Comprehensive Zoning Ordinance to allow farm animals to be kept on less than 5 acres and an enclosed chicken coop to be closer than 200 ft to the neighboring dwelling on premises located at 9209 South Center Road, Monroe Township, Delaware County, Indiana as more accurately described in the application. Good evening. Uh my name is Julio Munoz. I'm here on behalf of the the applicant and to interpret for her because there is a language barrier. Um For the applicant Mrs. Azucena Carolina Lucero Martinez uh residing at 9209 South Center Road in Muncie, [clears throat] Indiana we're here tonight to seek the variance for a to be able to allow to keep chickens

53:58Speaker 1

[clears throat]

53:59 – 55:57Speaker 1

basically on farmland. Excuse me. Um She previously lived here in the city within the city limits and she was told that she couldn't keep one chicken. And now there was a couple There was an issue about uh suburban chickens a couple of years back and don't know what happened, but the city came down told her that she couldn't have a chicken on a property. So what they ended up doing was buying a house out in the country away from the city which they feel more comfortable living out in the country anyways. Uh they decided to buy the house. They're remodeling the house which they're making the house look better than what it was. They're extending that house by about I think maybe 1,000 sq ft just on the property itself by making it into a two-story house. They have a a child with a learning disability which she is here sitting in front of us here tonight. They have more of the chickens for like an emotional thing for her. And if she goes out there feeds the chickens, collects the eggs. There is nothing being sold as far as eggs or chickens are being sold. It's just for her to basically wind down. I understand she is on medication for I'm not sure exactly what, but we are asking for this variance to be approved. She did not know that there is also another restriction, you know, to having farmland and then all of a sudden, wait, you can't have chickens because you don't meet the criteria of a property size. You know, 5 acres. Well, I just moved from 140 sq 100 What is that? I think 50 by 135 sq ft lot to an acre property out in the country which is not bothering

55:55 – 57:50Speaker 1

anybody. The chickens are being kept in a coop. They're fenced in uh from the time that they've had these chickens out on the property which have been about a year, they have never had an issue with the chickens running loose out in the streets if that is a concern to anybody. Um the chickens are being maintained humanely. They are being fed. They are being watered. And as far as where the property is I believe it's a 25 by 25 uh foot or square foot uh fenced in chicken coop. Thing closest to where this where it's located I believe we have a picture in there. Um It it gives it's it's to back of the neighbor the closest neighbor's property which is I think a garage or a barn. Um I do have some questions. Um A lot of times we hear about chickens, but in particular roosters. Um they make a lot Some people say they make a lot of noise. Have Have um any of the neighbors complained about um noise from the chickens? No. If there was, would you um consider um not having roosters? Yes. Did um Did you ever have intentions of having any more chickens?

57:51 – 59:50Speaker 1

No. How many chickens do you have? About 30 at the most. I mean, how many do you have right now? They're about 35. So in the in our application, what we have from our office, we have that they currently have And what they're asking for is two roosters and two hens, so a total of four. I think there was a probably a misprint when we were filling out the application. There is two roosters and I believe there was maybe like 34 hens. To be more exact, if that was a typo that was on my part. Um if we were to put a limit on the on the chickens and they were only allowed hens, 24 by What's the space size? 25 by 25 or 20 by 20, I'm not sure. If we limited it to 10 chickens, would you be okay with that? She would consider it. So just for the just for the board's information, um since they asked on the application, since it was an application for a total of four, this board could not grant anything tonight over four. If she did want to seek additional, that would unfortunately be a new application in this process again. Um but this board cannot approve any over what was originally asked for in the application. Okay. So, we'd have to re-petition. Yes, the only thing the board can vote

59:48 – 1:00:20Speaker 1

on tonight, the maximum the board could approve tonight would be four. And we can we can still go through the process of the original application tonight. Correct. We can or if they just wish to withdraw and re-file, that's their option. Okay. Did you hear that?

1:00:19 – 1:01:09Speaker 1

Yeah, I think she's going to just continue it. So, you would So, we could either vote on having the four chickens or the board could um withdraw the request and then you could re-file with the correct number. We're going to re-file it or continue it, basically. Yeah, sounds like sounds like they're willing to withdraw. Yeah, that they don't want to go forward with this request. Um Right. I do have one question.

1:01:05 – 1:01:24Speaker 1

Yes. This is 24 by 24 enclosed chicken coops. Is there a building there that's outside? No, it's it's actually it's more like of a fence. They're fenced in with uh roof. With a basically like a fenced in roof, also. Like chicken wire over the top of it.

1:01:22 – 1:02:47Speaker 1

Yes. So, really, it's not a building. No, it's not a building. Then um So, then per- pursuant to the applicant's request, then we will just show that they are um withdrawing their request um and there will not be any further action tonight with regard to the same. Um you would be able to file a new application um with the office seeking additional additional chickens if if that's what you're wanting to do. So, that's that's fine. Okay. So, you just need to give our office a call. We can set up a time for you to come in and and get the new application um or you can just stop in and and we can talk about the new application. And just out of just for her and the child's safe, is it okay to keep the chickens for now also while we're re-filing? Because we previously with this with this petition, we filed promptly and you know, we met all the criteria that you guys were requesting. Yeah, you're cur- and you're currently working with the building commissioner on this as well. Yes.

1:02:46 – 1:03:25Speaker 1

So, for now, yes, it is okay until you get the decision Okay. um to have the chickens currently. Thank you. If I may, I'd like to speak about them. Well, Tina is Well, actually, we're not taking further action because they um have requested to withdraw their case. So, we were not going to be doing anything else with it this evening. Okay. I'd like to speak, though. That he is a very hard-working gentleman. Right. I'm a neighbor. His property joins with me. I understand.

1:03:23 – 1:05:21Speaker 1

You can always um if they do file another application, um there would be another public hearing where you have an opportunity to do that. Um if you can't make it to that next meeting, if they do file a new application, you always have the ability to submit an um an email um to the or a phone call to the plan commission. Okay. Thank you. Yes, thank you. BZA 17-26 Jurisdiction Board of Zoning Appeals being a public hearing on the matter of an application filed by Michael and Dawn Guest requesting a variance from the terms of the Delaware County Comprehensive Zoning Ordinance to allow an attached dwelling unit in a single-family residence zone on premises located at 12110 South County Road 700 East, Perry Township, Delaware County, Indiana as more accurately described in the application. Excuse me. I'm Michael Guest and this is my wife, Dawn. Uh we're requesting Okay, um just for the record, can you give us your address, please, also? Sorry. That's okay. I'm a little nervous. 12110 South County Road 700 East, Losantville, Indiana, uh 47354. All right, we're we're request We we are requesting a variance to add a uh 15 by 30 addition onto our house. My my dad lives with us and uh it it'll it'll give him a little more privacy but still having close to us to where we can kind of watch over over him a little bit, so uh We to be honest, we we got almost 12 acres out there in Losantville and uh I've already started building it and uh you know, then we found out that we we need permits.

1:05:21 – 1:07:07Speaker 1

I don't know what else to say. So, This this is an addition to our home. There is a And if you can probably speak more in the microphone there, please. Sorry. This is an addition to our home. There is a door that go between our home and the addition for him. Um we are surrounded by farmland. Um it is Again, we do have 12 acres. Um it is just to give him some independence and some privacy. It is not intended for any rental. It is not ever to be intended for any rental space whatsoever. Um and so we're just hoping to be able to keep him close with us and and again, just offer him some privacy and safety. And maybe I'll ask you and and have Kylie follow up on on my question. So, I know that in the past that um you had received um or had indicated that you would be removing um a second home that's located on your property. Are is um things um moving along in that direction? Well, it was until we had stopped to do this. I mean, we are we are definitely working on that way. Um COVID hit us and then we had some health problems and whatnot. So, that is on our immediate to-do list after we get you know, my father-in-law squared away. And the the the um the intentions, like you said, is to have that house raised, taken down, and uh you know, just be gone.

1:07:07Speaker 1

[clears throat]

1:07:10 – 1:09:09Speaker 1

It needs to be gone, yeah. Um yeah, I can add to that a little bit. They are working with um Tom Fouch, County Building Commissioner, on that. They've been in um talks with him already. Um he says he is currently okay at this point. He is okay with giving them until the end of summer 2026 to have it removed and maybe he's discussed that with you as well. Um so, they are currently working with him on that time frame. Does any other board member have a um have any questions? Seeing none, you may have a seat, then, please. Anybody wishing to speak in favor of BZA 17-26? Stephen Brand, Delaware County Commissioner's Office. I would ask you to vote in favor of this this evening. Thank you. Anybody else wishing to speak in favor of this request? Seeing none, um anybody wishing to speak in opposition to BZA 17-26? Seeing none, then the chair will entertain a motion with regard to the request. I'll make a motion for BZA 17-26 in favor. Um are you wanting to put any conditions on that request such as um that it can't be used for rental um and that um the separation walls would be taken down after um used by um the father and that they continue to work with the um building commission to ensure that it's up to um the

1:09:07 – 1:09:18Speaker 1

residential code? That's exactly what I meant. Okay. [laughter] I thought so. I'll second that. [laughter]

1:09:21 – 1:09:43Speaker 1

See, I I knew I'll I'll second that motion. Oh, we had a I think we had a Yep. Yep, we had a that cat from Steven. Have a motion and a second. It's roll call, please. Ivy. Yes. Knapp. Yes. Billington. Yes. Brich. Yes. Hamilton. Yes. Hines.

1:09:42 – 1:11:42Speaker 1

Yes. Mathewson. Yes. Seven yeses, zero noes, so that is official action of approval of BZA 17-26. You can continue to move forward with your permitting with county building commissioner. BZA 18-26, jurisdiction board of zoning appeals. Being a public hearing on the matter of an application filed by Mount Calvary COGIC requesting a variance from the terms of the city of Muncie comprehensive zoning ordinance to allow a reduced rear setback for an addition to an existing church in a residence zone on premises located at 1525 East Butler Street, Muncie, Indiana as more accurately described in the application. Thank you. My name is Mason Olson. I am at 1500 North Main Avenue here in Muncie, Indiana. Um I am here on behalf of Tabernacle Architects and the Greater Mount Calvary Church of God in Christ. Um we are looking to do a 5,000 square foot addition to our building. The uh new building will have a gymnasium as well as a community area. This will be called the Charles Everette Cody uh Family Life Center and that's what it will be, a family life center. It's uh programming will have things like uh food and clothes pantry Sorry. as well as um blood pressure testing um for the community uh diabetes and health education um after school programming including athletics, a library, and arcade. Um these are all very small but perfect for the Whitley community. Um also having community events um such as Easter egg hunts and

1:11:40 – 1:12:43Speaker 1

the such. Uh resource fairs, um town hall meetings, and and and many things like that. Um most of these functions are already existing within the existing building. Um we're just running out of space. So, this is an extension on our existing [snorts] programming. Um we have been partnering with uh the Delaware County um IU Health Ball State as well as the city of Muncie um to help implement some of these programs um as a partnership. Um with our addition, we are seeking to move the existing setback uh from a rear yard setback to a side yard, which is 6 ft. And so, if you have any questions, please let me know. Yeah, I got a question. It looks like there's five homes directly behind the area where you're going to be building on. Yes. Has any of those neighbors said anything negative towards that? Yes. Yes, I have I have a Pastor Earl Venable of Greater Mount

1:12:42 – 1:14:41Speaker 1

you'll have to speak in the microphone there, sir. Pastor Earl Venable Greater Mount Calvary, 1525 East Butler. Uh the neighbors as far as I know are fine and I they've come a couple of had came to the church uh when they got their letters and just wanted to know what are we doing and I told them what was going on and they said they thought it was a great idea. To just the piggy bank, we we actually on the third Sunday of every month I do a food drive already uh with Second Harvest and I go to Indianapolis with Midwest Food Bank. And so, although it's in the Whitley area but there's everybody that comes to it because you probably know when you put something on Second Harvest and that's a part of being with them, everybody can see that. And so, we do service anybody that comes to that building. No one is turned down, no one's turned away. So, it don't matter who you are you get service. We also work again with uh Ball Hospital, IU Health Matt Cox, who does the hypertension screening for blood pressures and so, they will actually be at our church on the 17th of May to do exactly that again and so we've actually tried to teach people to know your blood pressures, know where you're at. And so one of the things that our church is trying to do and I'm trying to do because people sometimes have fears going to the hospital. So, the hospital is coming to them. And so, it's kind of a new initiative what we're trying to work with. And so, we doing like I said, several of these things are already in place at the church.

1:14:39 – 1:16:38Speaker 1

But the life center is just going to make it bigger. I'm running stuff out of one room and I need more space. And it's always going to help the children uh after school uh they're going to have a place to go, safe place to go no guns, no violence. Good deal. I'm very excited about it. Does any board any other board member have any questions? Seeing none, you gentlemen may have a seat then, please. Anybody wishing to speak in favor of BZA 18-26? Hello, Mayor Rhodenhour, 300 North High Street. Uh this is something that Pastor Venable and I have been uh chatting about um for a couple of years at least um and working on the plan and have had several meetings with the architect. We are very much in support um and um and I just appreciate what he is putting what he is wanting to put in in this facility. Uh know that it will be a benefit for the community and um I would hope that you would vote uh favorable for this. Thank you. Good evening, Steven Brand, Delaware County Commissioner's Office. Uh I believe anybody that knows Mr. Venable knows that about anything he does makes our community better and I would encourage you to approve this this evening. Thank you. Anybody wishing to speak in opposition to BZA 18-26? Seeing none

1:16:39 – 1:17:16Speaker 1

Um I have some notes from Richard Rawlings, build city building commissioner. Um states that the property is currently well maintained. He has no opposition with the reduced setback request. Um noting that also um there's will be no interference. Power lines are on the resident side, the complete other side of the alley. Then the chair would entertain a motion on the um applicant's request.

1:17:12 – 1:17:33Speaker 1

I'd make a motion to approve BZA 18-26 as presented. Second. We have a motion and a second. Roll call, please. Knapp. Yes. Billington. Yes. Brich.

1:17:29 – 1:19:28Speaker 1

Yes. Hamilton. Yes. Hines. Yes. Ivy. Yes. Mathewson. Yes. Seven yeses, zero noes, that is official action of approval of BZA 18-26. We will provide you a certification of that approval and then you can move forward with applying for your permits. Thank you. BZA 19-26, jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Shelby and Keegan Newsome requesting variances from the terms of the Delaware County comprehensive zoning ordinance to allow a mobile home with a reduced square footage and to allow no permanent foundation, all for a temporary dwelling in a farm zone on premises located at West 9000 block of West County Road 750 North, Gaston, Indiana as more accurately described in the application. Hello, my name is Shelby Newsome of West 9000 block of West County Road 750 North, Gaston. Um we are requesting the variances as she said of a mobile home that's the reduced square footage of a farming zone as well as in no permanent foundation. Also, we can have a temporary dwelling on this land. Uh about a year ago, we purchased a little less than 7 acres from my husband's grand paw, all with the hopes of getting our children on out in the country. We sold our home a year ago and moved in with my in-laws into a two-bedroom house where we have lived for 2 years. Um at this point, we're just hoping to get on the land for anything um while we build. And as it says in our thing, uh we have talked I know it's not financial, but we have talked to our bank and we cannot move forward with even getting a loan to put utilities on the land until we have an address, which

1:19:26 – 1:20:20Speaker 1

we can't do until we have a building on the land. So, we're essentially just wanting to move this mobile home roughly like 2 miles down the road. A family did the same exact thing that we're doing where they lived in this while they built their home. So, we're basically taking it off their hands to put it on our property to live in very temporarily while we get started with our build. Just so, like I said, to get out of my in-laws' house, which we're very thankful they let us live with them, but just to get on our 7 acres, get our girls on 7 acres, get in our own space. And just be able to start our build. And then maybe kind of can you address what happens to that once you build once your house is built or if you decide not to um end up building on that property. What do you plan to do?

1:20:18 – 1:22:09Speaker 1

don't have the choice not to build. We signed a basically a legal contract with his grandpa that the end goal is to build. We cannot sell the property. We can't do anything else with the property except for final building. We're planning on doing exactly what Jared Seekman did. Once we finish building, we're going to sell the trailer to the next person that wants to buy it. My brother-in-law has actually voiced doing the same exact thing that we're doing of putting the trailer on the land and building his own home, too. Can you explain the no utilities thing again? Okay, so there's we can do a land loan or a construction loan with our bank. My husband is in the plumbers union, so he is wanting to do our septic system himself. Doing the construction loan route, which they can do without an address, he is not able to do it. They have to have a general contractor under it and they have to actually contract it out and it has to be someone that's septic certified. If we do the land loan route, he can do it himself considering he can work under a plumber's license since he is in the plumbers union. What's the timeline that you guys are looking at right now to have your actual forever home built on the land? Did you say timeline for the house? We're not too sure. When we sold our home, our timeline was 2 months to get on the land and it's been a year. But it shouldn't take long. As soon as we get utilities on the land is when we're hoping to be able to actually get the construction loan to general contract it out to someone else. We're basically just wanting to bypass the general contractor so he can do the septic system himself because it saved us a lot in that way. So, I would give you like a year or two to actually finish our home after we get on the land. Building it, getting it loaned, everything. One to two years for completion.

1:22:15 – 1:24:15Speaker 1

Any other questions of the applicant? Hearing none, you may have a seat then, please. Anybody wishing to speak in favor of BZA 19-26? Hello. My name's Charlie Richmond. My wife, Nicole, and I live two doors down from where they're planning to build. We've known Keegan since he was a teenager. His ability to follow through, I've seen it myself when he was one of my employees. We're comfortable, not only comfortable, we're enthusiastic. Everybody wants them in the neighborhood. I can only officially speak for my wife and I, but I think I can speak for the majority of the neighbors that we're excited to have their family there. There's no inconvenience to us with them having the temporary home there. And I'm in full support of them building. I also have confidence that they'll remove the structure when they're done. If I need help, I can do that. So, we hope that the board approves and thank you for allowing me to speak. Thanks, guys. Stephen Brand, Delaware County Commissioners Office. I hope you guys approve this request this evening to help this young family achieve their dreams. Thank you. Anybody wishing to speak in opposition of BZA 19-26? Hearing none, do you have anything on this particular Just that County Building Commissioner, Tom Foutch, will work with the family. He's already been working with them and will continue to work with them on a timeline. Then I believe I will entertain a motion with regard to BZA 19-26. I would make a motion to approve BZA

1:24:13 – 1:26:04Speaker 1

19-26 with the conditions that the variance be for the applicant only and that the temporary house be taken down after the new house is built or not being lived in by the applicant. Second. We have a motion and a second. Roll call, please. Oh, before we do roll call, just for the record, this was made available to the board members this evening. A letter that was not in the packet. And that was from Mr. and Mrs. Whitehair. Roll call, Matt Billington. Yes. Fritch. Yes. Hamilton. Yes. Hines. Yes. Ivy. Yes. Knapp. Yes. Mathewson. Yes. Seven yeses, zero no. So, that is official action of approval of BZA 19-26. We will provide you a certification of that approval and you can move forward with the the moving of your mobile home. Congratulations. Thank you. Okay, everybody, last case, BZA 20-26, jurisdiction, Board of Zoning Appeals. Being a public hearing on the matter of an application filed by Todd and Eva Marsh requesting a variance from the terms of the Delaware County Comprehensive Zoning Ordinance to allow accessory structures to have a greater total square footage than that of the dwelling on premises located at 17121 North Willman Road, Eaton, Indiana as more accurately described in the application.

1:26:13 – 1:26:49Speaker 1

Hello, we are Todd and Eva Marsh from 171 17121 North Willman Road, Eaton, Indiana 47338. We are requesting to build a garage, basically a steel building, a 30 by 50 with a 12-foot lean-to, just for personal storage of our vehicles and a place to do maintenance on our personal vehicles. [laughter]

1:26:53 – 1:28:51Speaker 1

Any board member have any questions of the applicant? How many acres do you have there? 11. You got 11 acres there. And I think you provided us with a um drawing of um kind of um showing what it would look like. Yes. Okay. Anybody else have any applic- questions of the applicant? Seeing none, you may have a seat there, folks. Anybody wishing to speak in favor of BZA 20-26? Good evening, Stephen Brand, Delaware County Commissioners Office. I would encourage you to approve this and allow the Marshes to add value to their property and get their equipment inside. Thank you. Anybody wishing to speak in opposition to BZA 20-26? Seeing none, do you have anything on this No. Then we would um I would entertain a motion with regard to BZA 20-26. I would make a motion to approve BZA 20-26 with the condition that the barn be for personal storage only and not for business. Second. Roll call, please. Fritch. Yes.

1:28:48 – 1:30:06Speaker 1

Hamilton. Yes. Hines. Yes. Ivy. Yes. Knapp. Yes. Billington. Yes. Mathewson. Yes. Seven yeses, zero no. So, that is approval, official action of approval of BZA 20-26. We will provide you a certification of that approval, which will then allow you to proceed with applying for your permits. Thank you. Next order of business is the report from our director. It's been not too long of an evening, but kind of long of an evening. So, I will go kind of fast for you guys. I provided you with your numbers there that you can look at um as far as our permits and inspections and plan reviews and committee cases have went. Um the only thing in other news that I was going to um let you know about is that Kayla Ferguson, our um zoning planner, is completing her master's program this next month in like what? A week? Tomorrow?

1:30:02 – 1:30:13Speaker 1

or Saturday. Tomorrow. So, she Yes, so she will have graduation graduating with her master's degree on Saturday. So, congratulations.

1:30:11 – 1:30:53Speaker 1

Yes. Um and then Eaton is having a public meeting here um this coming Wednesday, May 6th, at 6:00 p.m. Doors open at 5:30. This will be held at Eaton Elementary. And this public meeting is regarding a proposed roundabout project at State Route 3 and Eaton Wheeling Pike. Um there's also a live stream that will be offered, but you do need to register for the live stream if you want to um do it that way. But, this is a public meeting um at Eaton Elementary. And thank uh thank you everybody for your time as usual. Thank you.

1:30:51 – 1:31:02Speaker 1

Have a good evening. We are adjourned for the evening. So moved. Second. [laughter] Congratulations.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.