Board of Zoning Appeals - Regular Meeting

Okay. So I guess if you don't have your microphones turned on, please do so because we're getting ready to begin the meeting. Good evening. Welcome to the July 2026 regularly monthly meeting of the Delaware Muncie Metropolitan Board of Zoning Appeals meeting. We will first begin with the Pledge of Allegiance.

So please stand with us and have Eileen lead us into that.

The Pledge of Allegiance of the United States of America.

Roll call, please. Matt Billington.

Present.

Delaney Fritch. Present. John Hamilton. Stephen Hines.

Here.

Richard Ivey.

Here.

Christy Knapp. Leslie Mathewson.

Present.

We have five members present, so we do have a quorum. It will take four votes one way or the other for official action.

We will move on to the consideration of the May 2026 regular monthly meeting minutes.

I would make a motion to approve the minutes as presented.

Second.

We have a motion and a second. Roll call, please. Billington?

Yes.

Rich? Yes. Hines?

Yes.

Ivy?

Yes.

Matthewson?

Yes.

Five yeses. So that is approval of May 2026 minutes.

So before we begin the meeting, I will address some of the issues that will be addressed this evening or talk about the procedures. So if you can, if you have a phone, if you can put it on vibrate or turn it off. When your case is called, you'll step up to the podium and give us your name and tell us what you're here for. After the applicant has presented their case, anybody who wishes to speak in favor of the proposal will have an opportunity to speak and then anybody who wishes to speak in opposition of the request would then have an opportunity to address the board. And then lastly, the applicant would have an opportunity to come back to the podium and address some of the concerns that have been brought up. I would just ask that everybody be respectful of everybody who's speaking this evening. Not everybody may have the same position or thoughts or opinion as you do. But however, I just ask that you give them the ability to tell their side of the story this evening. And if you have seen our agenda this evening, we have quite a few cases. So we will be implementing a time period as to how long each person would be able to speak. So the applicant would have up to 20 minutes to tell their story. Anybody wishing to speak in favor of or in opposition to it would each have three minutes to discuss matters. And we would request that if you are speaking, if you can try not to repeat the same thing that each person before you has presented so that we can... get different opinions and thoughts. And you've already addressed how many people it takes to have final approval or disapproval. Anything else we need to address? Okay. Then we'll proceed moving forward with old business then.

BZA 36-26, Jurisdiction, Board of Zoning Appeals, being a continuation of the public hearing on the matter of an application filed by Local Union No. 855 of the Brotherhood of Electrical Workers, Inc., requesting a variance from the terms of the Delaware County Comprehensive Zoning Ordinance to allow a reduced front setback for an existing structure for a building addition not to further encroach in a business zone on premises located at 4601 South Meeker Avenue, Center Township, Delaware County, Indiana, as more accurately described in the application.

Good evening. I'm Dave Lehman. I'm the business manager for IBW Local 855 out here by the bypass on Muncie. We sit between Fusion Road and Meeker. And basically we're looking to add, we're going through some growth pains. We're wanting to add onto our apprenticeship building, our training facility for the apprenticeship program. And we found that it encringes on the setback. Matter of fact, we sit right up against the setback the way it is. The existing building to the north of it, which was an additional training facility we put in 20 years ago roughly, sits right up against the easement into that setback. So we were looking to try to build that building out to match the existing building already in place.

I know that there was some question as to whether this building was nonconforming structure. I don't know if you want to maybe address that with the board and to the public.

Yeah, so it looks like the building was built in 1991. The existing barn was built in 2001. So we couldn't really go back and see permits for those because of the time frame. So we advised the applicants to seek the variance for the structure that's already existing just to cover the addition as well as it is the same setback, but it will not further encroach. So our office did suggest for them to take this route, and that's what they've done. They are actively working with County Building Commissioner Tom Fouch, and Mr. Fouch has no concerns with this addition.

Does any member have any questions of the applicant? Okay. Seeing none, would you like to speak then, sir? Okay, sure, okay. So is anybody else wishing to, or anybody wishing to speak in favor of BZA 36-26? Seeing none, anybody wishing to speak in opposition to BZA 36-26? Also seeing none, then the chair would entertain a motion as to the request.

I would make a motion to approve BCA 36-26 as presented.

We have a motion and a second. Roll call, please. Billington?

Yes.

Rich?

Yes.

Hines?

Yes.

Ivy? Yes. Mathewson? Yes. Five yeses, so that is official action of approval of BZA 36-26. Our office will provide you with certification of that approval, and then you can move forward with obtaining your permits.

And when your case is completed, you are free to leave for the evening.

Thank you.

BZA 39-26, Jurisdiction, Board of Zoning Appeals, being a continuation of a public hearing on the matter of an application filed by Stephen Massey, requesting a modification of a previously approved variance of use, BZA 65-25, from the terms of the Delaware County Comprehensive Zoning Ordinance to allow the operation of a tree service business, including the storage of work vehicles, brush, and trees in a farm zone on premises located at 11801 West County Road 400 South, Salem Township, Delaware County, Indiana, as more accurately described in the application.

my name is stephen massey uh address is 11801 west county road 400 south i know last month we met and there was a you know vote hey we need to revisit this we had an attorney that brought photos you gave me the board in december until june to accomplish all my stuff she had stated here's pictures of March I didn't get to see the pictures I don't know did she not show April May June the whole board knows January February March is the worst months for mud snow right so I've got photos I can show you guys if you if you want them that's my property now we had problems before neighbors were you know had complained this board has members that were not here in december but i'd like to remind all the new board members the old board members in december you said steve we voted six yes one no we want you to do xyz So from December through June, I spent over $6,000, countless man hours, doing exactly what the board wanted. And so I've talked with the neighbors. None of them seem to have a problem with it. Their concerns, which I've talked with them this last month, is, hey, if you get the green light, we don't want it to go back to where it was. Well, no, that's why we have restrictions, the same restrictions that we had, even above and beyond what we had in December, is what I've came up with. Number one, obviously no burning. I don't even have the same burn spot because Jason and I have worked together to change the property lines. So no burning. Park my vehicles at the rear of the property during the evenings or night. Not drop any materials. I'm not dropping any materials which I had said in December. Hey, I need to maybe drop them. No. Two weeks to get the materials off the property. And that basically means, hey, I've got a dump trailer. It's got tree debris in it. Within two weeks, I'll take it off. You know, and that's worst extreme. I can't do another job until we get rid of, you know, the dump trailer. But I don't think that, you know, I'm a problem with any of the other, you know, the neighbors now. So, I know... I've talked with many of them, and they said, hey, as long as we keep going like we are, we shouldn't have a problem. I think that's it for my part.

Does anybody have any questions of the applicant? so i know that um you had have you had communications with any of the neighbors since you were in court last time are not in court but in this in the in the meeting in the meeting nick malander and jason reed nick malander cannot be here

They're the ones that had the attorney speaking last time. I've met with both of them. And Jason was on vacation, couldn't be here. But they were more concerned of, hey, if you get the green light, we want to make sure it just stays the same. But they seem to be perfectly in line with what I've been doing. And they're happy with what I've done.

Yeah, you'll have an opportunity to speak, sir. Yep. Yes.

Did you get the trees planted that we talked about last month?

Yes. Okay. So the arborvitaes, and I think unfortunately six of them have died towards the front. I planted them towards the front. But yeah, the arborvitaes, I've wanted them for a long time. I feel with those photos that I'm going above and beyond. you'll see a body shop that has broken damaged vehicles. You got Jason's property where he's got plumbing trucks. Me, it's like a double standard where it's like, hey, Steve, you put up a fence or you put up a barrier because we don't want to see your stuff. And I'm not complaining about them. It's something I've wanted to do for a long time. I've got fields around me. And the west wind, it's going to benefit me in the long run. And it's going to look better for everybody else. But you can see in the one photo, it would be driving from the west where you can see the equipment. yeah it's going to take a few years for them to grow yes i've got a single row but it cost over six thousand dollars for those things do i want to do a double row yes i mean it's it's going to benefit me in the long run um but yeah i feel that i've went above and beyond and not bothering anyone

And I did just want to state that I did drive by today before the meeting, and I didn't stop in the middle of the road or anything to look at it, but I saw many other businesses along that road. I drove it all the way to the bypass, and there are many other businesses that look very similar to it.

right and with me keeping the stuff in the back we leave in the morning once and then come back in the evening and most of the time we don't even see anybody else in the road and we're taking you know we've got yeah a bucket truck everybody knows what that is a skid steer yeah it's bigger equipment but we're driving it through these city streets and we are doing so I came up with the bringing back honesty and integrity to the tree, tree industry, one tree, one tree at a time for a reason. Daleville schools were finishing a huge contract and they're like, thank you. Thank you. Because we're saving them thousands from the other two guys. And it's like, we are out sacrificing ourselves doing good for the community.

Any other questions of the board? They can have a seat then, sir. Anybody wishing to speak in favor of a BZA 39-26?

I just state my name, right? Yes. Jason Reed, 11951 West, 400 South in Yorktown, Indiana. And I'd like to start, Steve's done a good job of getting everything cleaned up and making it look good. And I guess we just want to make sure, I think Nick had sent an email, that as long as we do what we agreed on with Steve and what was sent in the email, We're all fine with it, at least Nick and I. I believe all the other neighbors are good with it, too, as far as I know. I haven't heard any difference. Usually, I would have heard. But he's done a real good job keeping it clean. And I don't know in that variance if that stays. We keep it clean, no burning, things like that in that variance. So if something does happen, everybody's good but as long as steve holds up his hand and everybody's good we're good with it thank you yeah and he's done a real good job making a look now i got one question for you yeah you're the neighbor that's directly behind him a little bit so you would you say you're the most impacted by this and you're in favor of it yeah all right thank you his trees look good we're good with that all right thank you thank you

Anybody else wishing to speak in favor of BZA 39-26? For the record, John Hamilton is now present. because i know i guess my question of um kyleen is is there requests for no conditions because i know that currently there are conditions in place um and that were placed by the board, such as no burning for applicant only, operations stopping at 8 p.m., I guess is the request for the applicant for that, or I guess I'm trying to figure out whether we can, as a board, place conditions for that.

Yeah, so the applicant is asking basically for the first request again because of the time limit that was implemented. The board did place those conditions the first time around, and they are able to do so if they wish this time around too. But I will read the actual request in the application. um for the board so the request is for a change to a permanent variance of use so bza 6525 approved and certified december 19 2025 operating hours are 8 a.m to 8 p.m monday through saturday we'll have three employees emergency hours 8 a.m to 8 p.m on sundays operating hours vary with season and weather Operating hours, very light traffic with most days three trucks and trailers leaving in the morning and returning in the evening. Storing and processing firewood is for personal use. So if there were no conditions at all placed by the board, those things are what you would be approving.

If we wanted to, we could still limit that just to the applicant home.

Correct.

Okay.

Okay. Anybody wishing to speak in opposition to BZA 39-26? Seeing none, I don't know if there's anything additional that you would want to address, not necessary, but if you hadn't, this would be your opportunity if you wanted to address anything.

The conditions that I came up with that we had in December, I agree to them. I don't see a problem with them. I, you know, the neighbors have said, hey, if you get the green light, I know that if I were to do it, then I would get fined or lose it. So I have no problem operating just like I have with the same conditions.

Thank you.

Thank you.

Okay, I'm going to go ahead and read the email from Nick Melander since he is not able to be here. Subsequent to the last BZA meeting and in regards to Steven Massey's request for a zoning variance to operate a tree service at his home location, myself and another opposing neighbor had a face-to-face talk with Steve regarding our mutual concerns and our willingness to forego any further opposition. as long as he would agree to these conditions as outlined by the board during previous meetings. No stockpiling and burning of residual materials on premise generated by the tree service business. Heavy equipment, trailers, and vehicles to be located and parked behind the residence. Steve stated that he would plant trees in appropriate areas to help screen equipment from view. variants to be granted for a tree service only the variance would not be attached to the property per the request of the bza over the last several months steve has clearly made a good faith effort to implement the above changes i would like to recommend that if steve were to officially agree to the above conditions that the county bza grant his request for variance

Then the chair would entertain a motion as to be the a 39 dash 26.

I make a motion to approve the a 3926 with the condition that the previous conditions with the exception of the 6 months only from the a 6525 remain. A second that.

I can read those conditions for the record as well. The previous conditions minus the six-month one would be that the use will be for the applicant only, that business materials and work vehicles be screened from view, that operation will stop after 8 p.m., that the applicant cleans up materials brought onto the property, and that no burning will take place on site.

We have a motion and a second. Roll call, please. Rich?

No. Hamilton?

Yes.

Hines?

Yes.

Ivy?

Yes.

Billington?

Yes.

Mathewson? Abstaining. Abstaining. Okay, so we have four yeses, one no, and one abstain. So that is approval with conditions of BZA 39-26. We will provide you with the certification of that approval with those conditions listed. New Business, BZA 21-26, Jurisdiction, Board of Zoning Appeals, being a public hearing on the matter of an application filed by Davis Carey Company, LLC, and Rejuvenate Residential Services, requesting the modification of a previously approved variance of use, BZA 7-26, from the terms of the City of Muncie Comprehensive Zoning Ordinance, to allow a group housing for up to four adults rather than the previously approved condition of not more than three in a residence zone on premises located at 1904 East 22nd Street, Muncie, Indiana, as more accurately described in the application.

Hello. I'm Dominice Davis. So we filed another variance. Originally, this was a three-bedroom home. It is now a four-bedroom home. And so the limits or whatever you call them by the board was that it was one person per bedroom. So it was completed with the city building commissioner's approval and all of that. So we're just asking to be allowed to have four people for each one per each bedroom.

My understanding that since you were here last, you have taken actions that you would be... um doing a different floor plan that has um that would have a separating wall to then create an additional bedroom that you didn't have the first time around is that correct so the large third bedroom hasn't now been split into two 10 by 12 rooms and it's also like an additional living space outside of those quarters Any board member have any questions?

You already know you have the demand to fill that bedroom.

I mean, we haven't done anything for that. We are approved by the state now, but for the waiver program, but we haven't looked for anything. All right, thank you.

Any other questions? You may have a seat there, ma'am. Thank you. Anybody wishing to speak in favor of BZA 21-26? Seeing none, anybody wishing to speak in opposition to BZA 21-26? Also seeing none, I'll turn it over to Kylene.

So I just have a few notes here that the applicant did receive the building permit prior to the renovation, has been issued a certificate of occupancy by the city building commissioner, structure is in compliance, and I believe applicant is actively working with Chief Fire Inspector Eric Brown And he did send an email regarding the property. Regarding the property on 22nd Street, the floor plan for the proposed fourth bedroom appears to have appropriate egress from the bedroom to the hall corridor. I did not see any windows located in the drawing. Every sleeping room needs to have appropriate rescue escape opening per the building code. The bathroom door facing the laundry should not be lockable as it could prevent egress for someone in the laundry room. I have reached out to the Indiana Department of Homeland Security regarding the status of the project that was submitted for this location. I have yet to hear from the original plan reviewer that I contacted. I did communicate with the IDHS plan review assist section chief Marcus Ballinger as to whether this building is a class one structure and more information is needed regarding the use of the space. Kayla, have we received any update from Eric Brown? I have not gotten anything. Okay.

Both bedrooms do have windows. And then we are not required to do the Indiana Department of Health. That was like an initial application that we were going to, we didn't go that route. So our approval is through the Bureau of Disability Services. So we don't require the fire inspection. But yes, both rooms have a window, both rooms have a window, a closet, a door.

Okay, thank you.

And the chair would entertain a motion as to BZA 21-26.

I'd like to make a motion that we accept BZA 21-26 as presented.

Do you want to put any conditions on it, such as it being for this applicant only?

With necessary corrections, if so warranted.

I guess that would be his motion. Does anybody want to second the motion?

I just want to clarify that the motion is to approve the variance with the condition that it be for the applicant only, correct? Correct. Okay, I'll second that.

I have a motion and a second. Roll call, please. Hamilton?

No.

Hines?

Yes.

Ivey?

Yes.

Billington?

Yes.

Rich? Yes. Mathewson? Yes. Five yeses, one no. So that is official action of approval of BZA 21-26. We will provide you with that certification. BZA 44-26, Jurisdiction, Board of Zoning Appeals, being a public hearing on the matter of an application filed by Mark Hollowell, requesting a variance of use from the terms of the Delaware County Comprehensive Zoning Ordinance to allow a food vendor commissary and to allow customers on site in a farm zone. On-premises located at 16101 North Wheeling Avenue, Washington Township, Delaware County, Indiana, as more accurately described in the application.

Hi, I'm Mark Halliwell. Yeah, I'm just trying to get the variants so I can comply with health departments locally and abroad. We do have a commissary in Grant County. I was notified at Delaware County that that's going to be a questionable thing now. They're wanting me in Delaware County, which is good that I'm trying to do this, but yeah, the state's changing everything, so most

health department really don't know what's going on i'm just trying to comply and do what i need to do make it healthy for everybody so i see in the letter that you submitted with your application talking about how um that you may um be selling maybe um some products um how often would you say that and would be happening and how many people on average would you say are coming um to your well it will not be like an event it's just

If I get done with an event and I have some product left that may go bad, I'd like to try to sell it before I have to throw it away. And like the end of my season, generally at the moment it gets too cold, so I'd like to be able to set up and get an extra few days to get that product gone so I'm not losing money.

And I think you had indicated that on your application that you had been in or had some discussions, at least with some of your neighbors, about what you want to do.

Yeah.

And anybody give you any negative feedback or any concerns?

No, everybody's happy with it that I've talked to. Okay. There's one, I think. Anyway, I haven't ever talked to her. She just owns the property close to me.

Okay. Does anybody else have any questions of the applicant? Okay, seeing none, you can have a seat then, sir. Thank you. Anybody wishing to speak in favor of BCA 44-26?

My name is Vernon Draper. I'm a friend of Mark's. I will just say that if you look at his information, he's very meticulous. It's his nature to be that way. And, you know, he is... He follows codes that some people would set off to the side to say nobody would ever know. So I'm just speaking to his character. I'm speaking to the effort that he's gone to to come up with this plan. And that's it.

Thank you, sir. Anybody else wishing to speak in favor? Anybody wishing to speak in opposition to BZA 44-26? Seeing none, then the chair would entertain a motion as to BZA 44-26.

I'll make a motion to approve BZ844-26 with the conditions that the variance of use is for the applicant only and will not transfer with the property. And the applicant continues to obtain all required inspections and permits from the Health Department.

Second.

And can I just clarify that this motion includes the request to allow the concession stand on the property as well as the commissary? Yes.

Please. Heinz?

Yes.

Ivy?

Yes.

Billington?

Yes.

Fritch? No. Hamilton? Yes. Matthewson. Yes. Five yeses, one no. So that is official action of approval of BZA 44-26. Our office will provide you with certification of that approval with those conditions listed. bza 45-26 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by ralph w dirk requesting a variance from the terms of the city of muncie comprehensive zoning ordinance to allow the total floor area of accessory structures to be greater than that of the dwelling to combine two locks in a residence zone on premises located at two two one zero and two two one two South Biltmore Avenue, Muncie, Indiana, as more accurately described in the application.

Hello, my name is Ralph Dirk. I own both the properties. I bought the 2212, of course, after I bought 2210 and had remodeled it because it was vacant. Gentleman had bought it through the tax sale, and then I bought it from him. Mr. Johnson that lived in the 2212 had passed away, and I bought the property from his son, Harlan, Pulled down the old building, used the county, I forget what the lady's name was, to get dumpsters and all that so I could haul off all the stuff. Had Mr. Frederick's demolition crew come in and tear it all down. All it is is my hobby shop. Basically, I keep my motorcycles and do some mechanic work in there for myself. The taxes on that property is a whole lot higher than what I get on mine. I'm a disabled veteran. I'm just asking to get one tax number basically is what I need this for so I can really afford to keep it. I didn't want to fix the income. Yeah, pretty much my reason, ma'am.

Okay. And I think you kind of alluded to it, but just want to, for clarification purposes, all of these buildings that are on these two lots are only for personal use. You're not going to be running any business out of that.

Is that correct? I'll be 70 years old in three more days. I'm not working no more. Yes.

Okay. Anybody else have any questions? Hearing none, sir, you can have a seat then. Okay. Anybody wishing to speak in favor of BZA 45-26? Okay. Anybody wishing to speak in opposition to BZA 45-26?

The only thing I will add is that city building commissioner Richard Rawlings has no issue with this ask.

And the chair would entertain a motion as to this request.

I would make a motion to approve BCA 45-26 with the condition that the accessory structures be for personal use only and not as a business.

I'll second it.

richard by hair people call please ivy billington yes rich yes hamilton yes heinz yes matthewson yes Six yeses, so that is official action of approval of BZA 45-26. Our office will provide you with certification of that approval, which will then allow you to move forward with combining the properties.

Thank you.

And happy early birthday.

Yes.

BZA 46-26, Jurisdiction Board of Zoning Appeals, being a public hearing on the matter of an application filed by Evan B. Jackson and Evan Jackson Racing, LLC, requesting a variance of use from the terms of the Delaware County Comprehensive Zoning Ordinance to allow the operation of a machine shop and race car engine business on site in a farming zone on premises located at 9690 North County Road, 500 West, Harrison Township, Delaware County, Indiana, as more accurately described in the application.

Good evening. My name is Evan Jackson. I run Evan Jackson Racing Engines. I live at 9690 North County Road 500 West as well. The buildings that I'm requesting a variance for are within a couple hundred yards. We've owned the property, my family has owned the property for since at least 92 because that was when the house was built. I mainly wanted to move my business there to consolidate properties on the last of the Jacksons up here, so just needed less to take care of. So I wanted to have everything on the 80 acres and not have as much to take care of by myself.

So I guess tell me a little bit about your business. When I hear about race cars and things, I'm thinking loud noises. And if I'm a neighbor, I don't want that in my backyard. So kind of tell me about kind of what your business will be doing.

We do test engines, but it's at the very most once a week, and we have a test cell. I am working on a system to make it quieter. We had a tornado come through, and I'm pretty much spin out right now. Our building was one of the ones back in a year ago that got completely leveled. So I am going to make it quieter, but we only run it about once a week at the very most. And it's only for between maybe 10 and 4 in the afternoon. So it's during business hours and weekends. But mainly, we machine parts through the day. We make a lot of our own parts on our CNC machines. We do our own machine work in-house. We assemble the engines. And we don't do what we used to. I don't have as many employees as I used to. When we had our place in Gaston, I had a couple extra employees, or more than I do now. There's just three of us there. Three in one part time. So three full time and one part time. So we used to do six engines a month. Now we'd be lucky to do three. So we do more for the manufacturing and all the shipping is done mainly by the customer coming and picking it up in a pickup truck or something like that. I don't have a lot of street traffic for that matter.

And I think you said that like customers during the winter would not be more than four and around the race season, probably no more than six or so customers during that period of time.

Yeah. I mean, there's not much traffic as far as that goes because, I mean, main traffic is UPS trucks. If anything, I mean, UPS and FedEx and whatever semi decides to turn around there.

How many years were you there in Gaston?

I think I started there in 16. I'd managed a local race team out of Daleville for five years prior to that. I lived in North Carolina prior to that, so we were there from 17 until We were trying to get moved in back in April of 24 or 25 and then we kind of had to go back to our old shop and when it got leveled in the tornado. So we finally got built back and now we want to get our variance and get totally moved in. So thank you.

Any other board member have any additional questions? You may have a seat then, sir.

Thank you.

Anybody wishing to speak in favor of BZA 46-26?

My name is Fred Beeler. I own the property adjoining to Mr. Jackson. So I'm not sure I'm the closest house to him, but my property does adjoin. I just want to state that I have no problem with his business. His buildings always look neat and clean. I've heard his noise a couple of times, but to me, it's not disturbing. Thank you.

Thank you. Thank you.

Anybody else wishing to speak in favor of BZA 46-26? Anybody wishing to speak in opposition to BZA 46-26?

Robert Haynes, 8609 North County Road, 500 West, Muncie, Indiana. As far as having a machine shop in a barn, great. There's been a lot of engines built in barns, a lot of mechanic work done in barns. Fred's absolutely right. The place does look immaculate. It is very well kept. The biggest thing is the noise. The dyno, the test rail that they run, is very extremely loud and nerve wracking. We have livestock. It does cause trouble with the livestock. It runs the livestock. The dogs get out of control. it may only last for a little bit but it still takes a chance of those cows busting the fence down and getting out and then you got a problem um but like i said for somebody wanting to do machine work in a barn build engine in the barn that's fine it's the testing is our biggest concern um it'd be perfectly fine if there wasn't that loud noise but um that is very disruptive to you so and It is a very, very, very loud noise. All right, thank you. Sir, I have a question.

Yes. So if we were to put a Monday through Friday and end at a certain time, regular business hours like he said, is there a time that you would be okay with? Like if we said you can't do it past 4 p.m.

The livestock are awake 24-7. They're always there. They don't have a set time. Okay. Yeah.

I have a question. You said you've witnessed the sound?

What's that? Yes.

You've witnessed the sound? Mm-hmm. Do you remember the duration of the sound from start to finish?

Can I what?

How long it took to?

It's probably five minutes, five to seven. So five minutes of testing?

Yeah. And not daily?

No, it's not daily.

Okay.

But it is very disruptive and very loud.

Anybody else wishing to speak in opposition to BZA 46-26? And I don't know.

Yeah, the board, for the record, the board did receive one email this evening that was not in your packets. That is an email in opposition from Elizabeth Dargo.

I guess I'll have the applicant, if you can, come up again. Because I know that you've heard some concerns about noise. And I think my understanding that you had been operating under the prior variants, under, I believe it's your father. Is that correct? So you have been doing some testing already?

I didn't understand that when I inherited the farm and then bought myself out of it.

That's okay. I was just kind of more looking at the fact that you have had this. So, since you've done the testing, I guess, number one, was there certain times of the day you did that testing?

It's always after 9 or 10 o'clock in the morning. And we're usually done by 4 o'clock. I mean, very seldom does it run until 5. And it's only... I mean, each dyno pull only lasts maybe... I don't know. It'll sit in idle and get up to temperature for probably 10 minutes, maybe 15 minutes. Then you make a dyno pull that lasts 15 seconds at the most. And then you sit and you adjust on the engine and do different things to, you know, to make, get the most horsepower and torque you can. And then you may make another one. I mean, at the very most we make 10 of those per engine, I would think. So, and this happens at the most once a week, we did have to run two engines, I guess, one week before, but, um, It doesn't happen every day. And I am working on getting a, projecting the noise up in the air, putting stacks up the side of the building. I just, I'm spinning out right now. I'm working on it.

So during any of that period of time, did anybody come to your business where you are and address any of the noise concerns or any negative impact that they were incurring because of what was happening?

Until the night, I had no idea that I had anybody that was upset about it. Okay. I had called, you know, Tim Nickham that lives across the street and several of the neighbors that are really close. I mean, he's quite a ways away, actually. Okay. Probably close to a mile.

Okay.

Your business hours are about 9 to 4 Monday to Friday?

That's just when we test the engine. I work in there, you know, 8 to 5 at least. But most of the time people don't even know we're there because we park around back. And if there's a UPS truck that comes, a lot of times they drive right by because they think we're not going to open the door. So everybody parks around back if that's there just to keep the street traffic down. Thank you.

Do you have a specific timeline for the soundproofing for the business? I think you just stated that you're financially strapped, so I'm just curious what that looks like.

I would say in the next six months I would have it done. Each section of tubing, they're $4,400 for 12 feet of 12-inch stainless flex, and I wasn't ready to pay for it right yet.

Any other questions? Let me have a seat then, sir. And the chair would entertain a motion as to the request under BZA 46-26.

I'll make a motion to approve BZ846-26, the condition that the variance is for the applicant only, will not transfer the property, and the business hours for dyno testing are 9 a.m. to 4 p.m. Monday through Friday, and that the applicant has. That's it.

With an additional... amendment that he does not test for time frames exceed 10 minutes at any one given time or maybe 15 15 probably more understanding i would have been my motion 10 or 15 15.

Are you wanting to make them second that, Mr. Ivey?

Second.

Since you addressed the amendment.

I'm familiar with the process.

Okay. We will then take a roll call, please.

Billington?

No.

Rich?

No.

Hamilton? Yes. Hines?

Yes.

Ivey?

Yes.

Mathewson?

Yes.

Four yeses, two noes, so that is official action of approval of BZA 46-26. Our office will send you certification of that approval with those conditions listed. BZA 47-26, Jurisdiction Board of Zoning Appeals, being a public hearing on the matter of an application filed by Robbie and Kimberly Stacy, requesting a variance of use from the terms of the Delaware County Comprehensive Zoning Ordinance to allow the keeping of hens and roosters in a residence zone on premises located at 6260 East Enloe Springs Road, Liberty Township, Delaware County, Indiana, as more accurately described in the application.

Good evening, everyone. I've had these chickens for seven years, and up until... Can you give us your name there, ma'am? Sorry. Kimberly Stacy, and I live at 6260 East and Low Springs Road, Muncie, Indiana. I've had these girls for seven years, and my roosters, too. And I was unaware that we were in a residential zone. So, I'm not asking to make any any changes of the property at all because like i said these girls have been there for seven years so i don't sell my eggs they're for personal use only they're confined in the fence area that i'm you have a copy of a map they're confined in that backyard they're fenced in all the way around, so they're never outside of that area. And in the seven years that I've had them, none of my neighbors complain about noise or smell or any of those things, so those girls are very well taken care of. When my husband and I bought the property, we have a barn on the property, so And nowhere did I ever think that I would have to ask the commission to have my chickens because we have a barn and it's for farm animals. So I was very surprised when I got this letter two months ago. But once again, that's why I filed the variance just to keep my chickens.

I see that on your application, you've listed 30 hens and two roosters. Is that the maximum amount that you would anticipate having or wanting to have? Yes, ma'am.

Yes, ma'am. That's what I have at the present. Actually, one of the roosters, we weren't supposed to have any at all anyway. One of the roosters is a rescue. He came to my house and he's been there ever since. And the other one was a

a mistake but no that's the maximum that there ever is going to be so we hear these cases a lot um so i just want to hear you restate it there's been no complaints about the roosters from the neighbors no none thank you anybody else

Anybody wishing to speak in favor of BZA 47-26?

Hello, my name is Terry Tepper. I'm her neighbor, not far down from her. And I'm concerned about this case because we have the same amount of property. And right now, pardon me, I've got some allergies going on. Right now, we're doing some renovations. And I started finding out some things. And I was surprised to see that the properties... When we bought our place, we're like her, out in the country, you know, we have all this room, 2.33 acres. And then I find out that it's split because it's considered part residence and part farm. So I'm like, okay, what does that mean exactly? because we live in our residence and it's considered farm as well so i'm concerned about the the legislation and the regulations that go along with that so that's you know i'm kind of i'm in favor of farm animals especially chickens because of the price of eggs and uh they're healthier Good to teach our kids about. Because that's why we're out there. It's a beautiful area. Quiet. And... You know, I just think that she should keep them. So that's about it.

And I can say just for personal reference, ma'am, that they are looking to change zone or looking to the zoning regulations. So if you want to make a public input about that, coming up will be opportunities for you to address that.

Hi, my name is Sabrina Friend. Sorry, I'm out of breath. I have a baby due any day now. But I am here to speak in favor of Ms. Kim and Mr. Robbie keeping their chickens. Like she said, her chickens are very well managed. clean home clean water they stay inside the fence area you never see a chicken crossing the road I go to her house plenty of times with my kids and we love her chickens and like I said they do a really good job managing them and I'm in favor of keeping your chickens

Good evening, ladies and gentlemen. My name is Alan Tepper. I live at 6001 East in low Springs, not too terribly far down and their chickens are amazing creatures. They are quiet, well-mannered, et cetera, et cetera. I can't say that about some of the motorcycle riders. However, I am in definite favor of them being able to keep their chickens and them being able to receive the variance. We'd like to encourage you, if you have any questions or any comments or anything like that, please let us know. The neighbors are mostly in favor of it. So I'm one. Thank you very much.

Thank you. Thank you, sir.

Hi, my name is Cindy. I live on Burlington Drive across from Enloe Springs Road. I'm a chicken keeper myself, so I have no issue with this person applying for chickens. What I do have an issue, though, with is the council's What do I call it? Vacillating between supporting farm animals, livestock in that area, and then approving something like the landing at Red Wing, where then we bring in motorcycles, loud cars, fireworks, and music. Now, I know that decision has been made. And we now are paying for it. Thank you very much. Those of you who don't live there and experience that a lot. And the reason I'm saying this now is not to disregard this person's wonderful application to do livestock. I'm just saying, make up your mind. Do you want that area to be agriculture or do you want it to be the Deer Creek of Muncie? Because that is what you put in a few months ago. And I feel for your chickens and the livestock of the farmer who spoke earlier. So the thing I would encourage the council is as you make this decision, whether it's going agriculture or going commercial, question whether you can do both at the same time. and question whether you can live with the decisions you make around these things. Thank you. I will add, being a public servant I know is difficult. I appreciate your service. I appreciate the opportunity to speak. I also appreciate your continued and more rigorous diligence around the decisions you're making around changing zoning from residential or commercial or residential and agriculture to commercials in Delaware County. So we're not talking Muncie, we're talking Delaware County. And with that, I'll cede my time to anybody else.

Thank you. Anybody wishing to speak in opposition to BZA 47-26? Seeing none. Do you have anything to address on this one or no?

No, everything was in packet.

Okay.

So then the chair would entertain a motion as to BZA 47-26.

I would make a motion to approve BZA 47-26 with the condition that it be for the applicant only and not transfer with the property. Okay.

I'd like to vote for agriculture.

ma'am i would just ask that you refrain from making comments here the comic the public session public comment session has ended roll call please rich yes hamilton yes heinz yes ivy yes billington yes matthewson yes

Six yeses. So that is official action of approval of BZA 47-26. Our office will provide you with certification of that approval and you can continue to enjoy your chickens. BZA 48-26, Jurisdiction Board of Zoning Appeals. Being a public hearing on the matter of an application filed by Tricia Barber, requesting a variance from the terms of the Delaware County Comprehensive Zoning Ordinance to allow the total floor area of accessory structures to be greater than that of the dwelling in a resident zone on premises located at 7900 East Piccadilly Road, Liberty Township, Delaware County, Indiana, as more accurately described in the application.

Good evening. I'm Audie Barber, Jr. I'm speaking on behalf of Tricia Barber, my wife. We are just asking that we're able to put in a 16 by 40 external storage unit. There will be no water or anything of that nature. The building commissioner, when I... purchased the building I asked if or I found out that I needed a permit so I called the very next day and I spoke with their office and I spoke with the actual building commissioner and he said to go ahead and have it delivered the building is already on site um and uh we just want to get the approval from you guys that's all we really need

I think you had indicated, but just for clarification purposes, are you going to be just using this building for personal use? Yes, ma'am.

Personal storage, no water or anything. And it will not be attached to the structure.

Okay. And you're not going to be using any or running any business out of this building? No, ma'am.

No, ma'am. Not at all. I use it for my RC, my hobbies, just because I don't like the smell of gasoline inside of my house around my kids. With expensive RC cars, you can't just throw them in a shed. That's in the elements.

Any other questions of the applicant? We have a seat then, sir. Thank you. Anybody wishing to speak in favor of BZA 48-26? Anybody wishing to speak in opposition to BZA 48-26? Seeing none, then the chair would entertain a motion as to this request.

Unless you have anything further.

I'll make that motion. Let it be approved as requested.

And that so that the condition that that works with the building commissioner. Yes. Yes.

Second. We have a motion and a second roll call, please.

Hamilton. Yes. Hines.

Yes.

Ivy.

Yes.

Billington. Yes. Rich. Yes. Matthewson. Yes.

Yes.

Six yeses, so that is approval of BZA 48-26 with the condition listed. Our office will provide you with certification of that. You can head back up here if you have a question. Oh, yeah. Go ahead. Okay. Yeah. Okay.

Yeah, Bill, we just put one condition on it, and the condition was that you have to work with the building commissioner to obtain all the necessary permits. So if there's no permit needed, if he says there's no permit needed.

Other than this, there wasn't because it was already pre-built.

If he says that, then that's okay. But if there is a permit required, then you'll work with him. Yes, sir. 100%.

Yeah, my suggestion is just to contact our office, speak with Mr. Tom Fouch after this hearing, and then, you know, he can clarify that for you, what's needed.

Thank you.

BZA 49-26 Jurisdiction Board of Zoning Appeals being a public hearing on the matter of an application filed by Rhonda A. Jarvis requesting variances of use from the terms of the Delaware County Comprehensive Zoning Ordinance to allow the keeping of farm animals on less than five acres. to allow a reduced setback from the animals to the closest dwelling, and to allow the operation of a 4-H business all in a farm zone on premises located at 8891 North County Road, 925 West, Harrison Township, Delaware County, Indiana, as more accurately described in the application.

Hi, my name is Rhonda Jarvis, and I filed for variance to be able to keep my pets on my own property.

Would you move the microphone down a little bit for me? I'm short, I'm sorry.

So from what I gather at this time, those are, let's see. Those are, what, 15 pigs, 15 goats, 20 hens, 2 roasters, and 6 horses?

We were told to put the max amount that we might have. That's not the number that we do have.

Are you wanting to... So I know that you were asked to put the maximum amount. Do you anticipate having those maximum amounts, or would you be willing to... Or I guess, do you anticipate having that many?

It's going to vary. Like the horses, somebody will bring theirs for a while to be able to ride and then take away. The goats, we were planning on breeding and selling for 4-H. The chickens, I hate to say, nothing got in and Yes. And the pigs will be gone by the end of August, middle of August.

So I know it's a variable number. How many do you have right now?

One.

All the animals. How many pigs do you have? How many goats?

There are 15 pigs. They are not actually mine. They were borrowing the spot. No chickens, five goats, and four horses at the moment.

Have you ever had, oh, how many chickens did you have when you had them? 20. There's been no complaints by neighbors about roosters noise?

No, they were babies.

And that all of these animals are contained or would be contained in some type of fencing or some type of restraints. I guess they're not rooming free on your property.

Right. They're all in fence and they're actually all at the back of the property, like behind my house and behind the barn, except for the horses. And then they have the big side lot.

Could you repeat how many horses you have actively on the property? Four. Thank you.

And they are being used, well, three of them are being used for 4-H right now.

Anybody else have any further questions? Seeing none, you may have a seat there, ma'am. Thank you. Thank you. Anybody wishing to speak in favor of BZA 49-26?

an interesting night just sitting and taking in what your responsibilities are but uh i appreciate what you guys are doing and the difficulties you're facing my name is david phillips i live at 625 south county road 775 west i'm uh involved with the pig component i think that's where it comes down to um rhonda is my sister-in-law and so that's how we're established together this house was built in 1880 it's an established farm if you know where i-69 is in state road 28 you have the truck stop on the right upper corner on the left side is a lake which was a farm 69 dug out then they developed it it's still farmland there hers is just on the opposite side has all existing uh buildings as she said it's all fenced in um steve ducks is another 4-h he also is the president of 4-h in alexandria uh and so he does the goats and stuff steve's farm got knocked over off of 800 in division at when the storms came through So we had five pigs for personal use, feed our families, and that's where we had them. Steve's farm got knocked over, so he lost his structure. He has an established farm. If you want to know where that's at, it's right behind TK's. So Thurston's house, that big farm field, both sides, and the structure, that's his. And he has two farms in that area. But so we had to take the extra pigs on. And that's where I think this comes in. As far as I know, it's probably related to stink. They've had animals out there since she moved in in 2017. It was all farm, if you know that entire area. They sold the farmhouse off, left it at two and a half or whatever that official acres is. The entire farm behind it as many times are resold. And that's how that established. Rhonda's even made an attempt to seek out, and she didn't share with you, to even expand partially to the west so she could get that five acres minimum. She didn't know. And so I was talking to her, and it was put a lot of money into the fences and stuff to help secure those animals. They've not gotten out. They're well taken care of. We won't have pigs out there. And if we did, I wouldn't want it more than three or something like that. I think that's the biggest factor. When the winds blow from the west and they're hitting those houses, it probably does have an odor at times. And when you have that many in a small area. We've done composting, we've added hay, we've added all the materials to try to keep it down. I've been carbon licking and there's all kinds of things you can do. But what we're doing is so small, micro farming, if you will, in that aspect. So I'm just asking that the board really consider to continue what she's had. Those horses have been there. It's not been until we've had the 15 pigs, and I have a feeling that's what triggered all this.

Okay.

Thank you. Thank you, sir.

Anybody wishing to speak in opposition to BZA 49-26? Seeing none, then the chair would entertain a motion as to BZA 49-26.

Also, just for the record, there were four emails that were given to the board this evening that were not in your packets. And those were four emails in opposition.

Then the chair would then entertain a motion as to BZA 49-26. I have a question.

Do we have to accept the number of the element application or can we make it lower? You can make it lower?

The board could place a different condition on the purple.

Thank you. How many pigs do you guys have on the farm right now?

How many are on there right now? Fifteen. Fifteen right now.

I'll make a motion to approve VCA 49-26 with the condition that the variance of use is for the applicant only and will not transfer with the property.

And your motion is otherwise as presented.

Yes.

We have a motion, not a second, right? Not yet. So we can't have a discussion about it until we have a second, correct? Okay.

Aye.

Yep.

I'll second that.

Is there any discussion? The number, yes. That then, yes, we can proceed further with roll call then.

Heinz? Yes. Ivy? No. Billington?

No.

Rich?

Abstain.

Hamilton? Yes. Matthewson?

Yes.

Okay, so that gives us three yeses, two nos, one abstain. So that is not four votes for one choice or the other. So that makes this no official action. This will be continued to the next BZA meeting. Our next scheduled meeting will be August 27th in this room, 6 p.m., and we will hear your case again. BZA 50-26, Jurisdiction, Board of Zoning Appeals, being a public hearing on the matter of an application filed by Timothy W. Sims, requesting a variance from the terms of the Delaware County Comprehensive Zoning Ordinance to allow the total floor area of accessory structures to be greater than that of the dwelling in a residence zone on premises located at 1501 North Hill Street, Liberty Township, Delaware County, Indiana, as more accurately described in the application.

Good evening. Tim Sims, 1501 North Hill Street, Muncie. I have four old classic cars and I'm just looking for a bigger storage and somewhere where I can work on them.

I know that you have some buildings on the property now. Right. If you were To have the ability to put this new garage in, would all of those buildings in your plans remain or would any of those buildings be demolished?

The big garage would be torn down. I can tear the little shed down too. I just keep my mother in it. But the big one will be torn down.

Okay. And I think that is that the one that is a 660 square foot? Yes. OK. Anybody else have any questions?

Have you reached out to your neighbors?

Yeah, everybody's for it. I mean, like three on each way, all the way around, yeah. Thank you. Yeah, everybody's good with it. I'm going to retire here in about a year, and I want somewhere I can go out and pedal with my cars and have room.

Any other questions? Hearing none, you may have a seat then, sir. Thank you. Anybody wishing to speak in favor of BZA 50-26? Seeing none, anybody wishing to speak in opposition to BZA 50-26? Seeing none, then the chair will entertain a motion as to BZA 50-26.

dash 26 unless there's any additional information you have the board did receive two emails that were not in your packet so you did receive those this evening and those both of those emails were in support i guess then i would entertain a motion on this request

I'd make a motion to approve BZA 50-26 with the condition that the applicant remove the 660 square foot detached garage after the new garage is completed.

I'll second that.

I have a motion and a second. Roll call, please. Ivy?

Yes.

Billington?

Yes.

rich yes hamilton yes heinz yes matthewson yes six yeses so that is approval official action of approval of bza 50-26 our office will provide you with certification of that approval and then you can move forward with obtaining um any permits thank you thank you BZA 51-26, Jurisdiction, Board of Zoning Appeals, being a public hearing on the matter of an application filed by Dara Ogle, requesting a variance from the terms of the Delaware County Comprehensive Zoning Ordinance to allow a reduced side setback for a new enclosed carport in a farm zone on premises located at 14145 East County Road, 1100 North, Niles Township, Delaware County, Indiana, as more accurately described in the application.

Hi, I'm Sean Silvers. I'm spokesman for Dara Ogle. She's looking for a storage building. I'm a portable steel building dealer, so I sold her one, and I'm also her co-worker. But she's just wanting one there to store her Lawnmower and our yard equipment things in and it's it's going on the existing blacktop parking spot It's already was built into the driveway.

So it's not actually going to go out past the driveway or anything like that And is that why The driveway is that why that is the proposal is to put it there and

Yeah, yeah, because it's, you know, the variance for that area, I guess it's not 25 feet off the line, so. And it is considered a portable steel building, 12 by 20, 9 foot side walls with the 312 pitch vertical roof on it.

Have you guys spoke to the neighbor there on the side where the carport's going to be?

I think she has. I think she said she talked to a neighbor or... Yeah, both of them, yeah.

Okay. Thank you. If you want to let us know that information, you'll need to come up to the podium and give us that information so that everybody can hear that.

And they're all goal and it is my property. And I don't live in the property and there was some vandalism done and it's been 6 months getting it back together still not there yet. So the neighbors I've met both neighbors on either side. We didn't really discuss the building with the one that the other one we did and we're just glad to know that we are in that type of an area that they need to get special permission.

So thank you. Thank you. Anybody else have additional questions? Anybody wishing to speak in favor of BZA 51-26? Anybody wishing to speak in opposition to BZA 51-26? Seeing none,

The only note I had to add was that County Building Commissioner Tom Fouch has no concerns with this request.

And the Chair would entertain a motion as to this request.

I would make a motion to approve BZA 51-26 with the condition that the applicant work with the County Building Commissioner to obtain all the necessary permits.

Second.

have a motion and a second roll call please billington yes rich yes hamilton yes heinz yes ivy yes matthewson yes So that is official action of approval of BZA 51-26. Our office will provide you certification of that approval and then you will be able to proceed with applying for permits.

I think it's ready to be done.

BZA 52-26 Jurisdiction Board of Zoning Appeals being a public hearing on the matter of an application filed by Jill Masters requesting a variance of use from the terms of the Delaware County Comprehensive Zoning Ordinance to allow the keeping of hens and a rooster in a residential zone on premises located at 9710 South Fleming Street, Monroe Township, Delaware County, Indiana as more accurately described in the application.

Hi, my name is Jill Masters and I live at 9710 South Fleming. I did not realize when we moved in our house in 1999 that I was not allowed to have chickens. I've had chickens off and on since we've moved there. They used to free roam. We had trouble with an owl, came in one night, got two of my chickens. The next night he came back and we trapped him in the coop. He was in there for three days till we could think that maybe we irritated him enough that he wasn't gonna come back. So we were told to get a rooster. So we got a rooster, Larry, he's amazing. And I did not realize that I couldn't have these. I have three hens, a rooster at the moment. I had a baby that somebody put an egg somewhere and it actually hatched. So then I felt bad because I couldn't just raise one baby in the house. So I went to tractor supply and got another baby. So there's two of them together. So they're just now at the age that I've been able to put them outside. So I just would like to ask to keep my babies.

And I think that your application is asking up to eight hens and one rooster. Is that correct?

Yeah, I've never had more than probably six hens at one time. I'm just, I like to sit with them and play with them and they're my, they're my pets.

And I think it's, to our knowledge, you're not going, you don't sell any of the eggs.

No, we get about two eggs a day.

Okay. Anybody else have any questions? Okay. Then you may have a seat there, ma'am.

Thank you.

Thank you. Anybody wishing to speak in favor of BZA 52-26? Seeing none. Anybody wishing to speak in opposition to BZA 52-26? Also seeing none.

then the chair would entertain a motion on this request i would make a motion to approve vca 52-26 with the condition that it be for the applicant only and not transfer with the property and that there be no selling bags on site second

We have a motion and a roll call, please. Bridge?

Yes. Hamilton? Yes. Hines? Yes. Ivy? Yes. Billington? Yes. Mathewson? Yes. Six yeses. So that is official action of approval of BZA 52-26. We will provide you with certification of that approval in those conditions and let you continue enjoying your hens and rooster.

Thank you. Thank you. all about the animals tonight.

BZA 53-26, Jurisdiction Board of Zoning Appeals, being a public hearing on the matter of an application filed by AutoZone, Inc., requesting variances from the terms of the City of Muncie Comprehensive Zoning Ordinance to allow an increased build-to line no sustainability feature, and a pull sign on a corridor road, all for a new auto store in a business zone on premises located at 2210 North Dr. Martin Luther King Jr. Boulevard, Muncie, Indiana, as more accurately described in the application.

Hi, my name's Austin Gideon. I am from Pape Dawson, and we're here to represent AutoZone, Inc. for these zoning appeals. I would just direct you all to the variance request justification statement that was sent to all of you, and I'm here to answer any questions you might have.

So the variance for the signage is the existing, to keep the existing sign that's been there for a long time.

Yes, so the existing sign will remain. And then the idea would just be reface it. And so I think you guys should have the renderings. So it's the exact same design. All it is is basically a cleanup, but from the original sign. Thank you.

I know that. I know that the new development or the development standards would require like a rain sustainability feature such as a rain garden. And that is one of the requests that you're asking to not be required to do. So can you maybe briefly explain why you're not asking or to have to comply with that particular standard?

Yes, so as you all might know, there was an existing AutoZone there until it was destroyed by fire. And so we're rebuilding in the exact same location. Excuse me. And so we're improving the site by removing some impervious area, so it'll be more grass. But also in the existing condition, it was all sheet flow off of the site. So we're maintaining that it's a sheet flow running off the site, but with a more pervious surface. So it'll actually improve the water running off the site. Also, just because it is sheet flow, there's not a single point that all the water is running towards. And so there's not a good practical way to accumulate all the water and then to clean it. So anything we did install would not be very effective on the site.

Are you rebuilding at the original site?

Yes, so there was an existing autism there. It burned down in 24. Yes. And so the building's not in the exact same location, but it's more or less.

It's the same address?

Yes, same address.

Okay, so what is the expectation for the building you're housed in at this point?

What's the expectation? How do you mean?

Is there going to be a secondary storage area where you're at now?

No, so it'll just be a single building, only one building on the site. Yeah, exact same use.

Refer them to the pictures.

Yeah, we did put some pictures at your place this evening, just showing the actual site that's enclosed in fence currently. With the fire being, let's see, when was the fire? December of 2024, right? Since it's been over a year that this has been not operating, according to the ordinance, that is the only reason that they're having to come seek the variances now is because it's been over a year since it was operating and because it's not going on the exact same footprint is the reason that they're having to seek the variances.

Any other questions of the applicant? You may have a seat then, sir. Anybody wishing to speak in favor of BZA 53-26? Anybody wishing to speak in opposition to BZA 53-26? Then the

Mr. Wright, we had some, there's a deed overlap. We had some comments about deed overlap. There has been a survey recently done. Did you have any concerns with any of, any issues or concerns with the deed, so to speak? Okay. Okay, we did receive a call from the neighboring property owner with some concerns about the deed overlap. Neighboring property owner Philip Dargo called and stated that he's been paying property taxes on the paved lot where AutoZone was previously. He owns the property located behind the AutoZone lot and believes there may be a potential deed overlap involving the paved area. He is concerned because he does not want to be responsible for paying taxes on a commercial property that he does not own. He is requesting that the property ownership deed descriptions and tax assessment be reviewed to determine whether an overlap exists and to correct the records if necessary. We did receive a survey that AutoZone provided. Caleb, did you have any concerns with the survey or any comments?

I believe that they do own all of their property. On Beacon, it does say that there's a possible deed overlap, so that may be something that Mr. Jargo would want to contact either AutoZone or the reporter's office.

Just wanted to clarify that our legal was good with that one.

That's not necessarily going to affect what we're making the decision on tonight as far as the signage. No.

I certainly consider that to be the purview of this board. I think that would be incumbent upon that property owner to go and get that figured out.

Yeah, we we just more more so wanted to verify that we could take action on the the property as presented.

And then a the chair would entertain a motion with regard to this request.

I'd make a motion to approve BZA 53-26 with the condition that the applicant works with the city building commissioner to get all necessary permits.

Second.

Roll call, please. Hamilton?

Yes.

Hines? Yes. Ivey?

Yes.

Billington? Yes. Rich? No. Mathewson?

Yes.

Five yeses, one no, so that is official action of BZA 53-26. With the condition stated, our office will provide you with certification of that approval with that condition listed, and you can proceed with your permitting process.

Yes.

Okay. Thank you for your patience, BZA 54-26, Jurisdiction Board of Zoning Appeals. Being a public hearing on the matter of an application filed by Amy Brown, requesting a variance of use from the terms of the City of Muncie Comprehensive Zoning Ordinance to allow a hair salon to do business in an existing garage in a resident zone on premises located at 313 South Manning Avenue, Muncie, Indiana, as more accurately described in the application.

Hello, my name's Amy Brown. I reside at 313 South Manning Avenue, Muncie, Indiana, 47303. I've been a hairdresser for 42 years. I worked basically for the same owner for 40 years. And after she closed the salon this last year, I have gone to another salon. The owners of that salon are a little older. I don't think that's going to be my permanent home. So right now, I'm looking for going back to my home and ending the rest of my career doing it from my garage. It's existing. It's storage at this point. It's not where the vehicles are. It's in a separate area. And I just think it'd be easier to control my environment and have my own experience there of something that I've wanted to do probably and should have done for years.

And then your applicant shows that your proposed business hours would be Tuesday through Saturday from 9 a.m. to 6 p.m.?

Yes.

And that you may have up to one to two clients

At a time, and from the photos, you can see that I have 3 parking spots on the actual garage area and then I have another parking spot. That is what used to be the garage at 1 point before it was torn down.

And I know that your application said that you had not talked to any owners since the notice was submitted to the surrounding property owners. Has anybody ever reached out to you and expressed any concerns?

You know, I cut Bob Trahune's hair today that owns McDonald's. He said he'd be there, but he's taking his little granddaughters to see the fairies tonight at Minnetrista. Leanne, my neighbor across the street, said good luck with your salon when I picked up her trash cans the other day. There is only Leanne's house is up for sale, which is the neighbor across the street. And I only have, including myself, four homeowners on the block. Everything else is a rental.

I'm just curious what utilities run to the garage. Is there a bathroom in the garage that clients are going to be using? I'm assuming there's water. What does that kind of look like?

There is no water at this point. Water will have to be added. It's separate metered away from the house. The previous owners of the house was MD builders and they used that as their workshop and rented the house. And then when I bought the house, I just had, I've been paying a lot of utilities for a lot of years. I might as well make it count with two separate meters. The one thing that I do need to ask the board is David Delaney is who I have contacted to do the build out along with Steve Maley, who is a salon designer that has been a salesman of mine through the 40 years and now designs salons. I might need an extension of the variance because I know David Delaney cannot even begin the project for three months or more.

he has jobs when must they um typically um i guess start across the process correct me if i'm wrong our certifications are normally um 30 days to get permits and six months to complete work am i pulling that Yeah, so the normal certs do have that time frame on them. She had currently said completed by February of 2027. I do know that in the past it has been discussed if the applicant is approved and is currently working with the building commissioner on this, then the building commissioner could have the discretion of working with the applicant on the timeline instead of this board setting a hard timeline.

And also when you look at the pictures, I am surrounded by businesses. And the one good thing about my, those are my current hours that I've always worked and have worked, which by nine o'clock happy hour should be over at Clancy's.

Thank you.

The only comments I have from Richard Rawlings, City Building Commissioner, he has no issues with this request. He said it is notably very close to a lot of other businesses, notably Clancy's right across the road. And then you do back up to Seven Brew. So he just said there are a lot of other businesses directly surrounding this property.

Board, have any other questions of the applicant? Okay, seeing none, you may have a seat then, ma'am. Thank you. Anybody wishing to speak in favor of BZA 54-26? Okay.

Well, if you look at Amy's property, it's immaculate. Oh, I'm Dawn Johnson. Thank you. She's done my hair for probably 20 years. So I speak in favor of her doing this shop, doing this venture. If you look at her property, it's on the corner. It's immaculate. It's kind of a showstopper. I think the mayor even made a point of it one time, how nice it is. So I think it would be a nice addition to the area.

Thank you.

Thank you.

Anybody else wishing to speak in favor of BZA 54-26? Anybody wishing to speak in opposition to BZA 54-26? Seeing none, then the chair would entertain a motion as to this request.

I would make a motion to approve BZA 54-26 with the condition that it be for the applicant only and not transfer of the property.

Second. Yes, I do have a question. Do we want to potentially address the timing issue or?

I guess if Mr. Wright confirms the legal process, but there's not an issue. I mean, I'm happy to place a condition if that is what...

To be the pleasure of the board, you can have them sit by the standard timeline, or you can, as Kylene said, as long as they're working with the building commissioner, I think it's up to the board. I think you're free to give additional time outside of the standard.

but if you want to just keep it then or which is the standard process then you can just we wouldn't need to do any amendment um to to the motions then there was a second to my motion so i need to withdraw my motion if i want to amend it correct i will right

withdraw my motion and I will make a second different motion to approve bca 54-26 with the condition that it be for the applicant only and not transferred the property and the discuss timeline was February 2027 to be completed or started completed and with the extended timeline that the um salon be completed by February 2027.

Second. Second. Roll call, please.

Heinz.

Yes.

Ivy.

Yes.

Billington.

Yes.

Rich. Yes. Hamilton. Yes. Mathewson. Yes. Six yeses. So that is approval. Official action of approval of BZA 54-26 will provide you with that certification, and you can proceed with your planning and applying for permits.

Last meeting we were here until around 10 p.m.

Thank you, you too.

Okay, I didn't make a big report for you guys this evening, but I did provide a handout, which is an NDOT notification that an all-way stop is coming to US 35 in Delaware County. So this will be at the intersection of US 35 and County Road 300 South. It will be converted to an all-way stop on or after Thursday, August 6th. So just kind of getting that word out that change is coming and... be prepared to not run the new stop signs and thank you for your time the meeting is adjourned and thank you everybody oh yes the uh board the ones that were continued or the one that was continued will you save your packets um and it will not include it in the next one

Thank you.