Board of Zoning Appeals - Regular Meeting

the recording. This is what I want to really have time to really read them. Yeah. Yeah. We're going to have fun the night here. Whenever you're ready. Ready. Okay. It says good to go. So I think they will know that we're ready. Okay.

So I will um start the meeting. Um I will welcome everybody to the September regularly monthly meeting of the Delaware Muny Metropolitan Board of Zoning Appeals meeting. and we will begin our meeting with the pledge of allegiance. Um, if you could please stand and rise.

I aliance to the flag of the United States of America to the standy for all. Our first um order of business this evening is the introduction and the confirmation of our members. Okay. So, we do have a new member to our board um this evening, Mr. Richard Ivy. Um Mr. Ivy, if you would stand, I will read you the oath of office. [Music] You just have to listen to this and say I do at the end. Um, do you agree to make planning decisions regardless of political pressures? To show leadership in enlightening both the public and local government in the ways of planning. 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 very much and welcome to the board. Guess we'll begin begin with roll call, please.

All right. Mr. Billington here. Miss Brandon. Miss Frri present. Mr. Ivy present. Miss Kaiser, Miss Knap, present. Miss Matthew, present. Okay, so we do have six members present. So we do have a quorum. So we will then take into consideration approval of the August 2025 regularly uh monthly meeting minutes. Um, the chair would entertain a a motion for the approval of the same.

I would make a motion to approve the August minutes as presented. And I will second that. Okay. So, we have a motion and a second. Roll call, please. Mr. Billington. Yes. Yes. Miss Frri. Yes. Mr. Ivy. Yes. Miss Kaiser. Yes. Miss Knap. Yes, Miss Matthew. Yes.

All right. Six yeses. So that is official action of the board of approval of um BZA August minutes. Okay. So before we start um the main portion of our meeting this evening, I would like to kind of go over some housekeeping rules. Um so first of all if you have a cell phone on if you can please put it on um vibrate or turn it off. Um secondly um when your case is called if you are the person that is applying for the request um you will go up first and give us your name and address at the podium and then those who are um in favor of the request would have an opportunity to speak um as to your position and then those who um wish to speak in opposition um would then go next to explain why uh you are opposing. Um and then the party requesting would have an opportunity at the end to um address some of the opposition concerns. Um also there may be some of these matters where there are multiple people here wanting to pres present and so we will have a time limit um due to the amount of cases we have scheduled this evening. Um so each person would have a threeinut period of time in which to speak. Um also um on cases where there are multiple people speaking if possible if you could please tell us um something different than what other individuals are talking about. Um otherwise it can be very repetitive. Um and we hear the

same thing over and over again. Um, also, um, there may be people here that are speaking things that you don't you don't like. Um, but I just ask that everybody have common courtesy of everybody. Um, allow everybody to have an opportunity to speak um, without um, name calling or um, doing anything um, to express your opposition to what is being said this evening. Oh. Um, so with regard to voting on things and final approval, it will take um four of us to be able to agree to whatever um whether it's in favor of the request or opposition to the request in order for you to have official action. If that does not happen, um then your case would automatically be continued um to the next meeting. Is that all that we need to Okay. Okay. So, we will then begin um our meeting. So, Kylen, I'll have you start with that then. BZA 29-25 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Megan Bowam 3116 West Torqueway Road, Muny, Indiana, requesting variances from the terms of the city of Muny comprehensive zoning ordinance to allow for the division of property to separate by platting two existing structures on individual lots with reduced lot sizes, reduce setbacks, reduce lot frontage, reduced building square footage, reduced building width,

and no off- streetet parking on premises located at 1238 South Burlington Drive and 1201 South Tennessee Avenue, Muny, as more accurately described in the application. Good evening. My name is Kathy Benise and I'm from Ashton Land Surveyor here in Muny at 325 West Washington Street, Muny, Indiana. And I have with me Megan Ball. Yep. I'm Megan B,

the owner of the property. Um, this this property does have a unique situation in the fact that we have two homes on one lot and we are in the process of trying to divide them for them to be sold to individuals. As has been noted already, we are asking for multiple variances, setbacks. Uh, we have both structures are pre-existing. They are sitting where they are today. Um, we have also we also have a wooden fence that we know that needs to be removed. Um, under my advice, I told her to hang off, but she does have the estimates and she's on the schedule to do it. I didn't want to put the survey stakes on the corner until on the corners of a division that has not been approved. we will be going through the process of um not just getting the variances but proceeding to keep it so we'll be completely in compliance. Um, I did reach out to Adam Leachch in on July 28th and I have a copy of the email with me indicating that I asked him about uh whether we could have parking on Tennessee Avenue and it says as the indicated porches are in the 10 foot are at least 10 foot away from the edge of the pavement. They may retain no they may be re remain where they are but they do not meet the definition of roadside hazards. They will however be noted as encroachment upon the plat and will not be permitted to be rebuilt when they succumb to the inevitable. Tennessee Avenue is not identified as a controlled parking roadway within city ordinance. Therefore, street parking is permitted but not exclusive. There would be there would be appear to be a sufficient parking on the parcel frontage to allow two vehicles. So I believe what he's

telling us is we can still park on Tennessee. It just doesn't give permission that they can claim it as their own personal parking spaces if a neighbor wishes to use it. Um, other than that with all of the multiple variances we are asking for, I do understand the structure, the back structure is not 24 by 24, which is part of the code. It is a 20 by it doesn't quite meet the 20. It's 20 by 24. We do have also uh, as it said before, the structure itself is too close to the road right away. Both of them, it's just how they are built. uh the age of the homes are prior to the zoning ordinances. Don't know if you have any questions for me but does any board member have any questions? Okay, seeing then I guess you can have a seat then. Anybody else wishing to speak in favor of BCA29-25? Okay, seeing none, um, anybody wishing to speak in opposition to BZA 29-25. Um, don't see any opposition to the same. So then the chair would entertain a motion with regard to the request. I'll make a motion to approve BZA 29-25

with the conditions that the proposed parking on lot 25B be installed so long as it's approved by the city engineer and any approval from the board is done with the understanding that the platting process will be completed and reported. Second. So, we have a motion and a second. Roll call, please. Miss Fr?, yes. Mr. Ivy, yes. Miss Kaiser, yes. Miss Knap, yes. Mr. Billington, yes. Miss Matthew, I'm going to recuse myself.

Okay, so that is five yeses. So that is official action of the board of approval of BCA29-25 with the conditions stated. Our office will prepare that certification for you, get that to you, and that will allow you to move forward with your plotting process.

Okay? And once your case is called, you are free to leave. BZA35-25 jurisdiction board of zoning appeals special use being a public hearing on the matter of an application filed by TWWG Development LLC and McGuff Supply INC PO Box 911 Lindsay Indiana requesting a multi-unit special use and variances from the terms of the city of Muny comprehensive zoning ordinance to allow a 98 unit residential development with decreased front setback, decreased side setbacks, and reduced parking. All for a new apartment complex on premises located at 610 East Wiser Street, Muny as more accurately described in the application. Good evening. My name is Marissa Canatzer and I'm here today to respectfully request approval for a special use permit in the four proposed variances for a new senior affordable housing development to be located at the current McGuff roofing site at 610 East. The proposed development is a 98 unit development with seniors in mind. It's ideally located along the Cardinal Greenway and will include many great amenities like a bus stop, community gardens, on-site management, a community room, and more. Um, however, due to the kind of funky layout of the site, we are seeking a few variances to allow us to create a well-rounded development. Those variances, as mentioned, are front yard

setback, both sideyard setbacks, and a reduced parking ratio. We're requesting these variances because of a few items. The front yard setback, we would have fallen into the correct 20 ft. They had to put a stairwell in order to meet code enforcement standards. So, that is encroaching into that setback. On the sideyards, there is one sideyard that actually does still fall into the correct setback, but we're requesting both to give us a little bit of flexibility if the building needs to shift one way or another due to detention for water or anything like that. Um, and then lastly is the reduced parking ratio. Um, with the target park target population of older adults, we expect the car ownership rates to be slightly less. Um, and then that on top of it being an affordable housing development, we do see less parking for our affordable housing developments. Um, we understand the importance of ensuring our development adds to the character and quality of the surrounding properties. We think that this development will do a great job in revitalizing and continuing the growth that this neighborhood is seeing and could add some really great opportunities for muchneeded senior housing in the area. I'm happy to answer any questions that you may have, but that is all I have for you this evening. Thank you.

Well, I have a question. Um I know that this matter was before the plan commission um and we'll talk about that as to what that did um here shortly, but I know that one of the concerns addressed at that meeting um address security. Can you address that issue?

Absolutely. So, the building itself will be secured at all entrances. The only people that are able to access the building are residents with a key fob or if they would like to have guests over then allowing them access to it. For security of the site, the site will be fully lit surrounding on the surrounding area. We have um lighting that attaches to the building's wall to keep it to keep it lit around the perimeter. and then also lighting throughout the parking area to ensure that everyone is able to get to and from their car safely. Um, additionally, we are required because this is um part of a state funding program, um, we are required to have security cameras at all entrances and exits as well as throughout all the hallways in the development. Um, so we believe all of these measures will um, create a safe environment for our residents. And then have um have you reached out to any of the surrounding property owners about this proposal? And if so, what are some of the what's some of the feedback you're getting?

Yes. So, at the planning commission meeting, we actually had a representative from the Cardinal Greenway come um and share some positives and ask a few questions. So, that was really great. And then with the car lot in front in between the road and our proper our property that we're trying to purchase. Um I have not personally spoken with the owner. Um but my uncle occupies the building and has very close um connections there and I've spoken to him about it. Anybody else have any other questions? So you mentioned the Cardinal Greenway. Do you have any future plans to continue that relationship with um Cardinal Greenway?

Absolutely. As neighbors. Absolutely. We would love to create a great relationship um with our development. We are looking at ways to connect to the Cardinal Greenway and so continuing discussions with the Cardinal Greenway of how that would work and then if there's any sort of like partnering activities or events that we could do, we think that would be a great opportunity. Thank you.

I think you're free to sit down. Thank you. Anybody wishing to speak in favor of BZA35-25?

Hello, Dan Ridenower, mayor of Muny. Uh we as a city um have been looking for an opportunity uh to help in this particular area, especially along the greenway. We're very excited to have some housing along the greenway. Um what we like about this particular development, a couple of things in particular. One is TWWG. Uh they have some local partners uh living here in Delaware County. We appreciate that. They've done two other developments for the city and they're doing one for the county right now. Uh they're very reliable, very responsive and uh we've just had tremendous results which is one of the reasons we were excit another one of the reasons we were excited about this uh particular project. Uh it sits between uh the Emily Kimbro neighborhood, the Gilbert neighborhood, and the uh McKinley neighborhood. And McKinley has been going through um as has Gilbert and the actually all those neighborhoods have been going through a lot of construction. So there's been some major work going on on Wiser to the west of where this will be. Um and also on Columbus Avenue. We're completely building rebuilding Columbus Avenue. and we were in here about 3 years ago and got some zoning changes to adjust that neighborhood. That's where Elm Street Brewery and Seven Rock are located. Uh so we're really uh excited about having another 96 to 98 people um in that area who um the more people in an area um we believe the safer things are, the more activity. Um and there's just some great walking trails. I'm I'm really excited for for that part of it. And then um lastly, I'll say that um Marissa was actually incorrect. There were two members of the uh of the Cardinal Greenway. I've been a member of the Cardinal Greenway board. Even though I'm mayor, I'm also a member of the

Cardinal Greenway board. And I personally talked with Angie. She was very excited. uh she loves and says she will miss her current neighbors. Uh but she was very um very excited about the opportunity to have a new building, what that can do for the area, and it is directly adjacent to the Cardinal Greenway headquarters. So, we're very excited about that as well. So, uh my hope is that this group will vote in favor of this um this ask. Thank you. Thank you. Good evening. Stephen Brand with the Delaware County Commissioners Office. I'm one of the county commissioners in Delaware County and I just wanted to speak in favor of this project and hope that you would uh find it a favorable recommendation to accept all three variances. TWWG is a great community partner. They've been very responsive, very responsible. Uh everything that we've asked for, they've addressed in a timely manner. And I can't think of a better reuse for this brownfield site. Thank you.

Thank you.

Anybody else wishing to speak in favor of BZA35-25? Seeing none, is there anybody wishing to speak in opposition to BZA35-25? Okay, seeing none, Eileen, do you want to address what took place with regard to the plan commission in this matter? Sure. So, during the September 4th uh plan commission meeting, um Marissa was there to present the case to that board. Um there was a couple people that spoke. Mayor Ryenower spoke in support. Um Mr. Craig Johnson appeared um and asked some questions about security. Nick Kousma, who's the current owner of the property, addressed concerns of um security, stating that once the existing buildings were gone, um he felt the condition of the property, including security, would improve. Um and then after discussion, a motion was made um and seconded for a favorable recommendation for the special use with a vote of nine yeses, zero nos. Um official action was taken. So the uh plan commission does forward a favorable recommendation um to this board. The chair would then entertain a motion as to the request of BZ.

I'll pose a question please. Yes. Um, we know the distance between the safety barrier on the north side and the trail. It don't seem to be identified on the picture. Could you repeat the question? the north the safety barrier that you may use north side of the property between your property and the trails. What is that distance? It's it's set on the east and west sides and not on the north side. Yes. So on that we would be then sorry my font is really tiny. 20 ft

20t from the our property line. So set back 20 ft from our property line. No, the trail.

Sorry, just to just to clarify, I'm understanding from the building to the trail that distance that distance between your safety barrier and the trail itself. Yep. That's 20 ft. Yep. Okay. So, okay. Thank you. I would make a motion then to approve BZA35-25 with the hardship stated therein. We have a motion and a second. Any further um discussions or questions? Okay. Hearing none, then roll call, please. Mr. Ivy,

yes. Miss Kaiser, Miss Knap, yes. Mr. Billington, yes. Miss Frri, yes. Miss Matthew, yes.

That is six yeses, zero nos. So that is um official action of the board of approval of BZA35-25. Um we will provide you with certification of that which will let you move forward with your process of permitting um for the property. Thank you. BCA 36-25 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Damon Goodman 12701 South County Road 300 East Muny Indiana requesting a variance of use from the terms of the Delaware County Comprehensive Zoning Ordinance to allow the storage of work vehicles and equipment, for workers to park their personal vehicles on the property while driving the work trucks, and for selling wood that was obtained offsite. All for a tree trimming business in a farm zone on premises located at 12701 South County Road 300 East, Monroe Township, Delaware County, Indiana, as more accurately described in the application. Miss Smith.

Hi, I'm Miss Goodman. Um, I'm here just to ask that we are allowed to continue parking there. We've we moved our trucks from a commercial property that we have on State Road 3 because all of our equipment was stolen out of the trucks. All of our chainsaws and things that we use on a daily basis. So, we moved them to our home and parked them behind our house, behind the side next to our barn. And we're just asking that we can get I'm not sure if it's a business/farmm zoning. I'm not sure what type of zoning we need to get so that we'd be allowed to continue to do the parking and letting our employees park there while they're at work and selling our firewood.

So, I do have some questions. Um your one of your requests is for the sale of wood. Yes, ma'am. Um, so are you currently selling wood out of out of this property?

Not currently. We we have in the past, but we just do it seasonally, like in the winter. So, if people need it in the winter, like our current customers need it, they'll give us a call. We'll take a load out. Um, we've been doing it personally because we store wood. We also use wood to burn at our home, so we just have it. And then also with regard to your business, um, in addition to having equipment stored there and employees personally parking there and selling of wood, do you do any other type of business activity at this home?

It's all out in the field. We we go out to properties and trim trees. We don't do anything else at our property. So just do you ever bring like any branches or tree debris? We bring wood that we can split and get and use to burn in our home or use for selling firewood. We just bring good wood like waln walnut or hickory stuff that we can get rid of in our fireplace or we can burn. Anything else we take to the public dump. So, have you been in contact with any of your um surrounding property owners?

Yeah, we um we are friends with um a few of our neighbors and no one has any discrepancy that I am aware of. Um we actually had one of our neighbors text my husband and ask if we would be making a parking lot. I said, "No, we will not be making a parking lot. I have pictures. You can't even see any of our equipment cuz from the road at all or either neighbor's home because of the way it it sits behind our home and beside our barn, you can't even see it. So, it's not like it's an eyesore to the neighbors. Any of anybody else have any questions of the applicant?

Yes. Do you I may have missed it, but do you do open burning on your personal property? No. No, we do not do any burning. You know, it's not allowed. Even Even the residual wood, it's not for sale. It's not burned on right on your property. No, we split it. And what we don't get rid of, we have a mulchure. We mulch it. Any other questions? Okay, you may have a seat there, ma'am. Thank you.

Anybody else wishing to speak in favor of BCA 36-25? Yeah. Steven Brand again, Delaware County Commissioner in District 1. Uh, Monero Township where this address is located is in my district and I have not had any complaints. Uh, I live about two miles away from this and I would speak in favor of this variance request. Okay. Thank you.

Anybody else wishing to speak in favor of BZA 36-25? Anybody wishing to speak in opposition to BZA 36-25. My name is Lynn Cooper. I live at 12391 South County Road, 300 East. Um, they were talking about opening burning. They've been opening burnings uh until off and on since June when the fire and police department were called. Uh, they were burning. I feel bad because I live the I live almost a quarter mile away and their smoke would come into our yard where we couldn't see the trees. I mean, that's how bad they were burning. And now for to hear them say, "Oh, we don't burn." It's kind of really hard to

You'll have an opportunity, ma'am, to um to come back.

They haven't been burning since June. And the first time that the fire department was called, they were burning during a no burn season and it caught neighbors backyards property on fire and then they stopped for a while and then they continued to do it. Um, as far away as I live in the summertime, I can't open windows. I can't hang laundry out. And they can speak for themselves that live closer. But, um, they have stopped. Um, they drive their trucks up and down the street when they were parking there very fast. And there are children that live on that road and they're a danger. And there some neighbors are afraid to speak. because they have a history of not being very kind. Um, they've been irresponsible before and making this uh zoning change I don't think would improve anything for the neighbors and we're the least affected by it. Um, the saring they that was never mentioned how they cut the wood but those saws are loud. Uh, so we live in our houses with windows closed. Um, and did I miss anything? I think I said everything I want to say. And now I will turn it over to Bill Ellis. I live a couple roads or a couple houses to the north.

Okay. So give us, if you can give us your name and address, please.

So Ellis 12501 South County Road 300 East. Um they bring in daily one to two semi- loads of brush dumping. It's along the back fence line. It's a rodent hazard or not a hazard but a u place for them to live as well as it's on the tree line and potentially a fire hazard. Um they do burn. They haven't since June I think 22nd. The fire department has been called out as well as the fire chief. We've had meetings with him. They've had meetings with him. Um, in defiance, a continued burn. And um, we wake up in the morning with sore throats because it gets in the house. They'll burn late at night. It's unsupervised. And it's just we can't go outside because the backyard's full of smoke. And um, I do have pictures to verify it.

We have plenty of ashes on the car, too. Right. And um if you can speak a little bit more into the microphone. I don't know if there's a way to move the microphone a little bit closer to you. I'm sorry. So that was pretty much all I had to say. If if you could hear that if you need me repeat anything. I don't think so. Got it. That's all I have. Okay. Thank you. Thank you. Well, you have to and have to give us your name and address again, please.

Okay. Lin Cooper, 12391 South County Road, 300 East. My first move when all of this was happening and it was starting. I called the zoning board because we knew it was against the law for them to be burning out there. I just wanted to anybody else wishing to speak in opposition to BZA 36-25. Okay. I guess if the applicant if you can come back up again please. As far as the open and if you can ma'am um just for the record give us your name and address again please.

Into the into the microphone too. Yes. Ashley Goodman, 1271 South County Road, 300 East, Muny, Indiana. Um, as far as open burning goes, there was never any open burning going. We had a 20ft hole that they were burning in. Um, and they did that and once we were contacted and found out that we were not allowed to burn, we stopped. Um, we did not know that we weren't allowed to have a 20ft hole since it wasn't open burning. Um, it was in a hole. We thought that that was allowed. Um we we spoke to the fire marshal um for Cowan. He came out to our house and told us what the diameters of the hole needed to be in order for us to burn. Um so we were not like just open burning. Um we burned in the hole. Once we were informed that we couldn't do that either, we completely stopped that alto together. Um as far as our trucks speeding down the road, I can't control how fast my employees go, but I have children as well. Um, and I will address that issue with them because I did not know that that was an issue at all as far as their speed goes.

Um, is there any other questions I can answer? Is there speed limits on that road? No, there is no speed limit signs. So, when was the last time that you burned at the property?

I can't remember it. It was early spring when we talked to the fire marshall and he was like, "You need to go up to the health department and get a burning permit. I went up to the health department, talked to the IDM guy." I'm I'm not first I'm not I think his name started with a J, but he told me that we could not get that particular type of burning permit without um this certain type of equipment that cost way over what we could afford to spend on that type of equipment in order to burn legally. And um once I found that out, we completely halted all burning and ceased that. I guess I'm I apologize for misering because when you say open burning, in my mind, that's just burning something out in the open without it being contained in any type of structure. We have it had it contained in a hole. And I also have I don't know if you guys wanted to see that. You can't see any of my equipment from the road.

So, you are being handed three photographs. Um, and that's um it's been reported to us that that is part of the business and some of the tree debris. Is that on That's my property. Yes, that's my property. Um, that is us. That's us pushing it with our loader um and clean clearing it out, cleaning it up. We also have a mulure. So, some of these piles are now just mulch, just chipping. Um, so yes, that is part of my property. And then over here, you see where my trucks are parked beside my barn.

So, prior um prior to you doing business on your property, were you like doing the mulching and addressing the tree bree debris at a different location than your home? We um before moving to this property? Yes.

Yes. We were we we don't always dump at our home. Like I said, we only dump wood that we can use to burn in our fireplace. That's good wood. Um we dump it at the city dump or shakes out off of McGalliard. I guess um would you agree if we put certain conditions on what you can do at your property such as not bring tree debris, would that be something that you would be willing to do?

Well, I need certain types of wood to to keep my home heated and to to sell firewood. Um, so I would I could agree not to bring brush, but I can't agree completely because I have I do need wood. Okay. So, what you bring to the house is for personal use generally because you may sell some of it. Yes. And do you have um I have roughly 12 acres there. A cost that you may have expended dumping trees this year or year to date? Um, I don't have a grand total. Do you pay it yourself? I mean, do you do your own books?

Yeah, I don't. I don't keep the books. My grandmother keeps the books um for our company. Um, but I remember last year, I think in total it was like $15,000 in dump fees just for like six months worth of work. So, it's saving us a little bit of money dumping the big wood that we can use for firewood at our house. Okay. So, for the record, we do have several photographs here. Um, I believe that were handed to us by Mr. Ellis and that's what's being referred to here.

Okay. Any other questions? Is it Is it refer Is it the pictures of the fire that happened? Yeah, that's when we first moved in. I actually wasn't around when it happened. My husband and son were there. I So I I wasn't there, but I know that it did happen. So the main concern that I hear from the neighbors is the smoke. Yeah, there's no burning there. There is none. So that's not really a zoning stipulation necessarily. Well, you're not allowed to do it.

I was told that I needed zoning and permission to park my business trucks and my employees to come there, pick them up, and leave and leave their personal vehicles while they drive the work trucks. Would you be willing?

Oh, sorry. The the ask is for um business to be conducted on the property. So, it's in a farming zone, so there should be no business being conducted in that. Um, for the board, this did start with a complaint about the burning. Um, and building commissioner Tom Fouch did visit the property and send them a letter that they did need that they were in a farm zone and that they did need to cease all business activity until this process was gone through, which we have done.

Yeah. So that's it's a farm zone where business activity is not permitted to be unless it's a granted a variance of use. Any other questions or discussions as from the board?

I did hear them say that the there were that was allowed to have the saws on you being used. I can I canulate when like I mean during the normal business hours they can use this use it like because our mulchure that we use to mulch down the wood is loud and our bobcat is loud. Um I didn't think that it affected any neighbors. No one had personally contacted me and let me know that. Um we can you know limit it to certain time of day so that it's not a disturbance. Any other questions or um questions of this applicant?

Um I guess if um we were to put a stipulation that heavy equipment can only be used from this time to this time, what would be reasonable to you as a business? Um, I would say like 9:00 a.m. to 8:00 p.m. or 7:00 p.m., something like that. I mean, I'm not sure what people's bedtimes are, what time people wake up, but normal operating business hours are usually like 8 to 8 to 5 or 8 to 6 or something like that, whatever. I could have them only running or my husband only doing cleanup during those times so that we don't disturb anyone. Six seems late to me personally. Okay.

Especially so five. I I would think 9 to 9 to 5. If you're okay with that, I I can I can be okay with that. That's fine. Okay.

Um just to clarify, you're not asking for any business signage to be at this location, and you currently don't have any? No. Okay. No, I'm not asking for any any I don't want to, you know, display that this is a business. I just want to be able to keep my equipment there. Approximately, how much wood do you sell out of this property?

Not a lot at all. Um, my workers will sell a load maybe once every two months. So, not very frequently. Um, I personally have that's what I heat my home with. So any of the splitting going on is usually for us. You know, we we do split frequently cuz we have to heat all winter. So a when I have free time, I will or the guys um have a short day, I will send them out there and say, "Hey, split me a brick of wood for this winter." So I can stack it in the barn. Um so I, you know, that's where they hear the saws going and because you have to cut it down in order to split it.

Um question. So, it was stated that you guys essentially moved the business operations to your personal property after you had you had a separate property that you were operating the business out of. Well, we were just parking our trucks there. Um, our grandparents have a warehouse on three. It used to be the old Memorial Flower Shop on State Road 3 as you go out towards Newcastle. We were parking our trucks in their parking lot and then the employees were picking the trucks up from there and parking there, but they were all broken into and we lost essentially lost $30,000 in equipment. Okay. Were you ever doing operations of cutting wood at that location? No, we did.

So that's always been done at this property. Yes. Okay. Any other questions?

I have a personal question. So, if this zoning is changed, is this zoning change just for them or is it changed for the area or It's not a request for a zone change. It's a variance. It's a it's a variance for the the special use. So it would not change the zone. This would be applicable. And a lot of times in the um motions that you guys make, you can say applicable to them only. Would not transfer with the sale of a property. Would not um you know transfer to another type of business. It's for this specific situation only.

Question. So in essence, you don't you will not be conducting business on your personal property. You're just going to use it for the safety and security of your equipment. Yes. Yes. By parking the vehicles. Yes. Absolutely. Well, they can be more secure. Yes. Well, they're also but they're also still using it and operating heavy machine equipment at the location. So, I would say it's beyond that. Well, we operate the equipment. It's farm equipment. We use the bush hog and hay fields. Um, so I wouldn't I wouldn't say that the heavy equipment is just for business use. We also use it for property maintenance. The application does state that there would be the sell the sale of firewood.

I just wanted to say that to to cover us because we do occasionally sell firewood. I didn't want to leave that out. That way it would be okay. We would be we would be covered. So you do not advertise that you sell wood there.

No. No. Um, we tell our customers if they need wood cuz we have customers that heat with wood and then we have personal friends that heat with wood. So we that's it. Any other questions of the applicant? carrying then you can have a seat there ma'am. Thank you.

Yes, the chair would in attain a or um there are some um is some correspondence that has been received and I'll let Kylen address that. So, for the record, since your packets went out to you board members, um there was two more emails received. Um they were at your settings setting places this evening. So, you did receive those. Um one email received September 24th from Phil and Missy Ellis. Another email received September 25th from Seth Connley. Both were in opposition. Um and then we also do have um IDM does have an Indiana code related to open burning. Businesses are not allowed to open burn. Um this does include vegetative debris or clean wood waste from land clearing, tree removal, tree trimming or land clearing. Yes. Okay. I'm not sure. Okay. Thank you.

Okay. The chair would then entertain a motion with regard to the requests for BZA 36-25. I will make a motion to approve BZA 36-25 with the conditions that this zone that this variance be granted for the applicant only that no heavy machinery for business use is used past or is used outside of the hours of 9 to5 and that no advertising be done at the site or the business. We have a motion second. Okay. Any discussion from the members with regard to the motion?

Um I think Sue did yes. Okay. Hearing no discussion. Roll call, please. Miss Kaiser, yes. Miss Knap, yes. Mr. Billington, yes. Miss Fridge, no. Mr. Ivy, yes. Miss Matthew, yes.

Five yeses, one no. So that is official action of the board of approval of BZA 36-25 with the conditions listed in the motion. Um, we will provide you with certification of that approval.

Yes. BZA 37-25 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Gerald L. Morgan, Katherine Guthrie, Judith Hoy Hoit, and Denise Dockery. PO Box 187, Parker City, Indiana, requesting a variance from the terms of the City of Muny comprehensive zoning ordinance to allow the removal of 70 mature trees without replacement at a 2:1 ratio for a new gas station and self- storage business on premises located on the south side of Mcgalliard Road across from Bair Avenue, Muny, Indiana, as more accurately described in the application. Good evening again. My name is Kathy Van Ice and I'm from Ashton Lancer at 325 West Washington here in Muny. This is a little unique situation. I I hope that you were able to see um what we brought into the brought to the party here. Um this is an 18 acre plus uh parcel of land that is very heavily wooded. We did go through the process of having a arborist go out on the northern part of this property and identify trees that did classify as the trees that would be needed to be replaced or replacement trees. The trees that are located are trees that are of the hardwood that are the good what we want to try to keep. However, on the south end where we would

have been able to mitigate or move them to, it's also heavily wooded. Um, we have tried to come up with some different ideas and the only way we can really do this is ask for this variance because to put two trees in replacement where the canopy is already established and the roots are already established, we're not going to have good viable living replacement trees. So, that's the reason we're here tonight. We have uh if you will look on my I I assume you have the papers that we sent you. But if you look on the uh page 104, it's on the lower right hand corner, you can see the aerial of how heavily wooded or how densely wooded this is. Uh from an aerial perspective, that again is another reason or that is the reason we are here. We have intentions of developing the northwest side which is about just over five acres and the northeast side of this premises which is around the it's over two acres. It's 2.34 of an acre there. The intention is on the northwest side to make that a storage um self- storage unit. South northeast side a gas station. the remaining up part of the land to the south. We have a uh we have talked about and we are thinking to try to make it a wildlife dedicated parcel of land. We have not started a dialogue yet with um like Red Tail Conservancy because I want to see if we can pass through this step. You know, that is the next step. I don't want to start talking to them and have them all excited and turn around and say, "Sorry, changed our minds." So, um, but that that is our intentions. We did turn in the um site

plan for for it to make the qualifications for the BZA um you know, with the setbacks and and all of the development. I don't know if you have any questions for me, but I we've tried very hard to come up with an idea of how to mitigate this and cannot seem to figure out how to put trees on it. Does any of the board members have any um questions of the applicant hearing? None of I think you can have a seat then, ma'am. Um, anybody else wishing to speak in favor of BZA 37-25? Good evening again. Dan Ryenower, mayor of Muny, U 300 North High Street. So, uh, this particular, uh, development has been brought to me a couple of times. Um and uh they've they really worked hard to try and come up with something. Uh but I will tell you that that is an area of the city uh the east and the northeast side by Whitley and and heading out uh east that we're continuing to try and get development and we are excited about what he wants to bring forward. I know it doesn't necessarily match because it's almost a forest. it doesn't match what our zoning says. Uh but I do think uh when they came up with the idea, at least I felt uh not a member of that board, but as a mayor, when they came up with the idea of maybe uh sectioning that off and donating that uh in the future to Red

Tale for a a permanent preserve, that I thought uh made a little bit more sense. I know it would be next to impossible to print plant trees at 2:1 ratio where there's so many trees already planted. Uh but I think the design they have in mind uh will be a beautiful facility in an area where we're attempting desperately to get uh development. Um and um the city is very much in favor of this. I understand the challenges you'll be faced with, but I think that um what they're proposing is definitely worth a look and we hope that you will look on it favorably for what it can do for Whitley for the northeast side and u when you add the mall uh just to the west that's they're going to start their construction here shortly. I think it'll be an area that we can get some uh some positive things going um in that area. So, we're we're looking forward to um we hope that you have a a positive response to this particular development. Thank you.

Anybody else wishing to speak in favor of BZA 37-25? Okay, seeing none, anybody wishing to speak in opposition to BZA 37-25?

Yeah, my name is Gerald C. Brown. I live at 238 East Mgalliard which is right across from the property that the mayor's talking about. That forest has been there since 1959 when I was a six-year-old. That my main concern is you tear that down. Where's all the wildlife going? I fe I've been feeding wild birds since I moved in that property in 1993. I seen a bald eagle in August that happened to be perching in that woods. Now, I would hope that if you're chopping down these trees, you have somebody make sure that there is not an eagle roosted in there because then you are breaking a federal violation of tearing down protected forest that is a being basically nesting grounds for an eagle. My other concern, he's talking about the gas station. There are seven gas stations on McGalliard. Okay, another one on Morrison there. There's eight. I really don't feel like I need a gas station across the road from my house. Like I say, my driveway is the first drive past Belair Street. You You put a a gas station in there, you're going to have a lot of problems with traffic. I've lived here, like I say, since 93. If I had a dollar for every time people blew their horn at me because I put my turn signal on when I get to the to to the uh John Deere Reynolds place because my driveways, like I say, the first drive pass. People do not do the speed limit on McGallard. Once I hit Broadway, once I hit the bypass, people think it's 45 and 50 miles an hour. I'm out there weed eating. I can't count how many times people do not move over. They go flying by me. And if you people are

going to approve this, then you better put a stoplight out there somewhere, whether it's on Elgen, whether it's on Bair, because there's going to be a lot of traffic fatalities out there because they do not abide by the speed limit once they hit Broadway and McGallard or or the bypass. And I could probably talk for another 15 minutes, but you said a threem minute limit. But yes, I'm very opposed to anything being over there. I don't think I don't think anybody would love seeing a a bright gas station right across from their driveway. I was very thrilled though on the 18th when I seen that eagle and it actually would flew and roosted right in front of my driveway. It stood there. It perched for a good minute, minute and a half, and then it flew the length of my property, which I have an acre, and it flew right across from uh the assistant living. It's the Cedar Creek facility, sitting a tree there for a while, and then flew off.

Okay. Thank you, sir. Anybody else wishing to speak in opposition to BZA 37-25? Okay, seeing none, there is I'm not sure if there's any question. Go ahead. Go ahead. Yes. Um, so just to clarify for the board, the the development of the gas station and the storage facility is a proposed use um from a potential buyer. This is not the current owners that are um doing this development. This is from a potential buyer. Um and then our office did receive um the information about the bald eagle. Not our area of expertise, but we did look that up. Um there is a bald and golden eagle protection act. Um, US Fish and Wildlife Services would require a special permit for any activity that disturbs or removes an eagle's nest, regardless of whether it's actively being used. So, that would need to go through the US Fish and Wildlife Service. I um Kathy, if you would want to come and address any of the um um comments that are have been made and and again, if you can tell us your name and address again, please.

My name is Kathy Vanise and I'm from Ashton Land Surveyor at 325 West Washington Street in Muny, Indiana. We ran up against something very different, similar but different. Um, in a situation on a property on uh a corridor here in my uh they had us prove whether or not or not a uh snake and a bird, a specific one. And I'm going to call one a snipe because I can't. It was a something that started with an S and I know it's not snipe. We're not going snipe hunting, but my mind can't remember what it was called, but we called in a a specialist, a botonist who did a report, and I think that's what you're asking of us to be able to I'm going to ask the potential buyer before I make a commitment because that is a uh we we reach out to the US Fish and Wildlife Services. That's what we've done before. They have a list of people who qualify. That person sends a a the botist to site. They make the determination as to whether there is an actual bald eagle nest and we move forward with that letter. Okay. I I've done it before, but it's not for a bald eagle. It was for a snake and a a bird. Obviously, I did not retain what they were because I don't that's not my specialty. Um those are things that we do we can do. I do want to repeat that this is in a uh BV or variety business zone already.

Um the I understand that it is a situation with the woods but um and the south 10 acres is going to be set aside as a wildlife refuge. That's the south sir. Yes. Sorry. I can You're fine. Yeah, you're good. But I'm just making sure you know that they the majority of it is there in the wild life. Okay. Because I'm talking only 8 acres, but um other than that, I I think that that's where you're to respond. Sure.

And sir, this you um you only have one opportunity to speak and you have had your opportunity, sir. Yes. Okay. Well, then I should have spoke that long. I told you guys for about 15 minutes. Sure. I guess um the chair would entertain a motion with regard to this request. Then I will make a motion to approve BCA 37-25 with the hardship stated therein and knowing that any development if there is any question of wildlife that proper procedure would be followed as applicable by federal law.

Second. Okay, we have a motion and a second. Um, roll call, please. Miss Knap, yes. Mr. Billington, yes. Miss Frri, no. Mr. Ivy, yes. Miss Kaiser, yes.

Miss Matthew, yes. Five yeses, one no. So that is official action of the board of approval of BCA 37-25 with the conditions listed in the motion. We will provide you with that certification. Yes. I guess we will take a um a few minutes break. Um

Yes. Yes. Oh no.

Yeah, we can What's that? station.

Sorry. Mayor

on the other side as well. Yes, you can find one here. Okay. Hello. That was Sure. But Commission was also the one that we had to

that wasn't At least at least one of my reviews.

You had a loving wife to take care of you. start like a squirrel with order from [Music] Thank you.

He was looking for he was looking for her. Okay. So, we will resume our meeting here.

So, we'll move on to the next matter. Okay. BZA 38-25 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Ronald E. Scott, Donald G. Scott, and Ron M. Jones. 1051 West County Road, 500 South, Muny, Indiana, requesting zone requesting variances from the terms of the city of Muny comprehensive zoning ordinance to allow a reduced side setback and to allow the existing residential garage to be on a parcel without a dwelling. All for division of the house from the accessory structure through platting on premises located at 30007 and 30009 East Jackson Street, Muny as more accurately described in the application.

Good evening. My name is Kathy and I'm from Kathy Van Ice and I'm from Ashton Land Surveyor at 325 West Washington Street on Cind Indiana. Um, we are here tonight because we have a situation or a piece of land that we're winning wishing to divide. We will be doing it through a plotting process. The pro the house on the west side um does have access to to uh state road 32 on its own drive on a driveway that is shared. The reason we're here tonight though is because once we divide off the house, the garage will be uh on its own sitting on its own premises. This is variety business zoning. The usage of the um garage currently is going to be used by uh people who will be using it for their own private mechanical shop, their own private. It's not going to be an uh commercial site at this time. However, uh and we are trying to make sure we keep it in compliance with the parking and also um the best we could with the setbacks, but we can't reach if we try to do this, we don't reach corridor standards with um build two lines, nor do we have room for any kind of line of sight uh blockage. The house itself does sit rather close um to the division of the line and I do know we are asking for a reduced setback between the house and the current garage. Don't know if you have any further questions, but with me,

uh, my name is Ron Jones, 1051 West County Road, 500 South, Mun, Indiana, one of the owners.

And I just want to verify and I think Kathy has um stated that um this is for the garage usage is just for personal usage. It's not something that you would be operating a business out of. Jim Regelman is a gentleman that had it before passed away. We purchased it. It's my brother-in-law and his brother and we just kind of play out of it. Little hot rods and no signage. There's nothing. It's just us three and uh couple cars each one of us own little hot rods. So, we just kind of hang out and uh I own the property of the house. They don't, but trying to separate that so we can uh probably, you know, resell it, just get rid of it's it's a rental right now. Anybody else have any questions of the applicant? Okay. Hearing none, you um may have a seat then, please.

Anybody wishing to speak in favor of BCA 38-25? Yes. Steven Brian, Delaware County Commissioner in District 1, Manura Township. And this address is in my district. I've also not heard any complaints about this and I would advocate for Mr. Jones. He ran a very responsible business in this county for a lot of years and it's very trustworthy. Thank you. Okay. Thank you.

Anybody else wishing to speak in favor of BZA 38-25? Um, anybody wishing to speak in opposition to BZA 38-25? Okay, seeing none, then the chair would entertain a motion with regard to the request of BZA 38-25. I'd make a motion to approve BZA 38-25 with the condition that the garage be used for personal use only. have a motion and a second. Roll call, please.

I'm sorry. Was that second? Sue or Christie? Yes. Sue. Okay. And and I'm Would you repeat what you said? Yeah. Approval of 38-25 with the condition that the garage be used for personal use only as the applicant stated. Sorry. Roll call, please. Mr. Billington, yes. Miss Frri, yes. Mr. Ivy, yes. Miss Kaiser, yes. Miss Knap, yes. Miss Matthew, yes.

That is six yeses. So that is official action of the board of approval of BZA 38-25. Our office will provide you certification outlining that approval so you can proceed with your platting process BZA 39-25 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Slay and Corey Milholland and the landing at Redwing LLC. C 5757 East Enlow Springs Road, Muny, Indiana, requesting a variance of use from the terms of the Delaware County Comprehensive Zoning Ordinance to allow an event venue for weddings and other events and for a 4-ft tall ground sign advertising the business in a farm zone on premises located at 5757 East Enlow Springs Road, Liberty Township, Delaware County, Indiana, as more accurately described in the application. Hello, my name is Corey Milholland. Uh Blade Milholland Milholland the landing at Redwing 5757 East Enlow Springs Road, Muny 47302. We are asking for a variance for that property to continue the use um to continue to use that property for weddings, concerts, reunions, festivals, gatherings, corporate events, community events, birthday parties, school field trips, Boy Scout retreats, eco education classes, and graduation open houses. That property um is a beautiful property. We bought that property in 22. Um, it was our goal to keep that property as pristine as possible and that's what we've tried to do. We've put countless amount of hours into keeping that property beautiful. We've put

thousands of dollars in upkeep of that property. We we um have maintained that property as best as we can. We have community events, free community events to bring people back into nature. Um, we do have weddings and we just want to remain and continue to do that. So, we are asking for permission to be able to continue to do that.

Sliden Milhalland, 5757 East Enlow Springs, Muny, Indiana. Um, the reason for the miscommunication on why we haven't been to here to apply for this until now, we have been zoned as far as our taxes as commercial. We've been zoned as far as the health department as being commercial. So, we didn't know we were acting out of place. So, we thought with it being the old Boy Scout campground that it would be our best interest to find out what to do in this situation. and we've been in contact many years trying to figure out and resolve what we need to do to make this happen. And we've since then became compliant in everything that we know of other than the septic system, excuse me, other than the septic system is was scheduled to be done this week. Beyond that, um with the weather that we had, he is supposed to start tomorrow. So,

um we have h had um the fire inspector out and I do have that report. I can submit that. He they've cleared everything um on the property. I know that I did submit some signatures in support of us, but I do have some additional signatures um about 500 of them right here. And I do have 16 pages of comments that are in support of us. So, I'll submit those as well. Um, we I have spoke to some of our neighbors um that are on our side of the river that we actually have sent letters to. Um, and they are in support of us. I did not reach out to anyone on the opposite side of the river. I did not know that I needed to do that. Um, I know that we are getting some feedback, but we are trying to come up to with a solution or we would love to come up with a solution to try to make everyone happy. Um, this year, last year at our Fourth of July event, we did have 3,500 around 3,500 people on the property. This year, we did have around 4,700 to 5,000 um, adults on the property and we had no issues. So, we are having that many people on the property without having any issues. It took us about a half an hour to get half an hour, 45 minutes to get everybody off of the property after the fireworks. So, I just want to make it very clear that this year we have only had two days of live music, the Fourth of July event and one other which was a private event. We've only had two live music events. Um, we the rest of the events have been private events. So, I don't know where the miscommunication is coming from or what the issues are, but if you guys have any questions, I'm willing to answer any questions that you guys have.

You have adequate parking for that many people. We do. We actually have a 28 acre field that we park everyone in. Um, and then this year we actually did run out of space in that parking, but we also have another field um, in front of the property that they have that our neighbors have allowed us to park individuals in. The the total acreage is uh, 63 acres.

Yeah, we own 63 acres there on that property. You guys said you purchased the property in 2022 and could you just confirm to me when the business like you started on the property after purchase? We um we started work in 23 like making updates and putting in the wedding stage and stuff in 23. We had our first wedding in 20 we had our two weddings in 24. Um, and we have seven weddings on the schedule for this year. Thank you.

Any other questions from the board?

Do you have adequate restroom facilities for that many people? uh for that many people. We actually contacted a septic system company that hires out the Porter John's and we told them what we did the years previous like the first year and then the second year and what our projected was and they supplied us with the correct they have an algorithm and they correct they supplied us with the correct port of John's in different locations where it spread out and allowed people to Okay. Yeah. I know there's a question of security from what I've read and heard, but every event that we've had, we've actually hired individual policemen from the county that that are for hired and they come out and we've had them in uniform and undercover to make sure that everything goes smoothly during our events. And we do pay for that out of pocket. Everything for the Fourth of July event is paid out of pocket. We do have a few sponsors that have sponsored the last few years and helped offset that, but everything that we do for the Fourth of July event is out of pocket to try to get people to come to the landing to a lot of people didn't even know that Camp Redwing, the Boy Scout camp was there. So that's the main reason why we have that event is to get the people to know that the landing is there. So, they want to come back and spend their money in Delaware County and use our space, the that beautiful space in Muny instead of going elsewhere to rent a room, rent rent a banquet hall,

shelter house,

a shelter house, a picnic shelter house and use that space. So you can see on we had to submit a proposed business plan um to you guys and I know I'm assuming you guys did look at our business plan that we submitted. Um so in that business plan we did have to submit uh proposed proposed what we thought we would do in the future. So, we did say, you know, five annual signature events. That's the Independence Day celebration. We were trying to plan a community like barbecue. Um, somebody reached out and wanted to plan a community barbecue. Uh, so we were trying to plan that until this this came up. So, we are working with other people in the community to try to plan community events and community days. Uh if you read the comments or read any of the comments, we do know that the landing is a safe place and a lot of people feel like it's a safe place where they can bring their kids and they can run out and be free and be in the w in the, you know, in the wilderness and not be on their technology. So that's what we want to do. Our kids, we actually made them have a no technology summer. They did not like it, but in the beginning, but at the end, they loved it. They said thank you. they actually said thank you. So, it's that's what we were trying to do. Um, we have one or two music festivals. I know that there's a little bit of uh misunderstanding with the term we said Deer Creek. Uh, I think that's being misunderstood because we did say that we wanted it to be a little bit of a Muny's Deer Creek. Um, that just meant like a outdoor music space for Delaware County.

We do wish to eventually be able to bring a few big named bands, but again, we're the ones funding that. We're the ones working that, finding volunteers to work that. That's a lot of work. It takes me about a month to recuperate after doing the Independence Day celebration. A lot of work and planning and preparing goes into those types of events. So, if that happens, great. If it doesn't, that's fine, too. We have to make money up from that property or we need to try to make money from that property somehow. I don't know. I don't think I have anything else that I can think of.

Thank you. Sorry. Do you guys have any other questions? I don't. Thank you. Thank you.

Thank you. And a lot of you were not here um at the beginning of this meeting. So I will say that due to the large number of people here and the fact that it's 7:30 and we have multiple things on the agenda after this case, we are um having a threeinut time frame uh for those wishing to speak in favor of and in opposition to things. Um, also we would request also to kind of help speed things along to not have repeating comments. So if somebody has said something that you would would be addressing, we would just ask that you um not go in and repeat the um the same thing. That's multiple comments on the same comment is not going to change our opinion. So um you may have a seat there folks. So we will have you come and address any concerns that are um addressed later. Um so this is an opportunity for anybody wishing to speak in favor of BZA um 39-25. What you'll do is you'll come up to the podium and give us your name and address. I'm Jack Ty. I live at 501 East Enlow Springs Road in Muny. I've been out there for almost 50 years. I've been right I own property right next to them and they've been great neighbors. Very helpful even when I had a little bit of an issue and there's been more noise and and stuff coming from the AMA that was supposed to do a lot of stuff that they volunteered to do. When they posted that up, they never done nothing. No one know nothing about

that. I get a lot more noise from that than I do from them at any time. And they've been just absolutely great neighbors. And I look forward to seeing them out there and staying there. Thank you. Thank you, sir.

Clint Whitaker, 301 East 29th Street, Muny, Indiana. Um my first year going out there was Independence Day two years well last year. Um my kids love it. It's safe environment. They always look after our kids. They have over and beyond friends that help. You know, we like I never seen a family come into our community and do what they're doing, pulling stuff out of their pocket to make sure our community is doing good. That's if I ain't mistaken, I think they're coming from another county to move to our county. I'm correct. And I never seen the whole time I've been here in Muny a family doing this and pulling from their own pocket to make sure our community and our counties doing something positive and influencing our surroundings and stuff. So that's all I got. Thank you. I'm Heather Collins, 805 West Centennial Avenue. Um, I helped do the marketing and promotion for the landing at Redwing. I started there because I play in a local band, recently nominated for a mayor's arts award, and I was performing at the one of their events last year, and a little kid ran up with a blue crawfish, and I was like, "This needs to happen more in our society." Um, so I've helped a lot. Um, some tourism stats because we partnered with Delaware, uh, destination Muny is that the second annual Independence Day celebration um, attracted visitors from seven states, 30 counties, and seven cities in in all seven city in Delaware County. So, they're wonderful to work with. It gives me a job here in Muny and I just think it's great. I think there's been misinformation about the Deer Creek. That was just in regards to the natural theater, not the like frequency or the level of liation.

Thank you. [Music] Anybody else wishing to speak in favor of BCA 39-25? In case seeing none, we'll move on to anybody wishing um to speak in opposition to BZA 39-25.

Thank you. Drew Hall from McKinnon Company, 2011 North High Street. Um they've kind of already mentioned some stuff, so for expediency's sake, I won't recover or re go over that. Um they are operating a commercial business out of the farm zone. Um when they bought the property, they had assistance of council. They knew what they were getting and they've operated it as a business for 2 years now without I mean they partnered with Destination Muny to invite people to their farm zone, 4,700 people. Um the neighbors have an issue with that. Um what they're specifically requesting is a hardship variance. And so kind of my role, I've been hired by a number of the uh residents who live in that area to kind of look into this. Um so just for the board's sake, I know you have your own attorney, Allan. I'm not trying to step on your shoes, but um for the sake of a hardship variance, um I think the it's worth the board um noting that the determination of a hardship variance is a question of fact and there are certain factors that have to be met. Um, one of them is specifically that, and this is according to uh, Nelson V. Board of Zoning Appeals, that um, the property cannot reasonably be put to a conforming use due to limitations imposed by the zoning ordinance and it must be shown that the land cannot yield a reasonable return if used only for the allowed zoning purposes and that the variance will not alter the essential character of the locality. Furthermore, the hardship must arise from conditions peculiar to the property involved, not from general conditions in the neighborhood or self-grade circumstances. Financial or economic considerations alone, such as potential loss or gain, cannot constitute an unnecessary hardship. Again, that's uh Metrov uh sorry, that's I 465 versus Metro Board of Zoning Appeals. Also, all relevant factors must be considered to determine whether or not hardship exists. One of those additional factors that needs to be considered is the that the variance will not be injurious to

the public health, safety, morals, general welfare, that the use and value of adjacent properties will not be substantially adversely affected, and that the variance will not interfere with the comprehensive plan of the area. So, to go into that, um, if you guys want to take a look at this, I'm sure you're familiar with it. That is an sorry that is an excerpt from the together DM plan uh the comprehensive plan for Delaware Muny um the long-term planning document that the local government organizations and various boards are supposed to be working together to facilitate. Specifically page 47 talks about future intended land use. The future intended land use for that area is as agricultural. It is to ensure that land use regulations protect the county's agriculture and natural resources to coordinate with incorporated city and towns to direct future growth into their jurisdictional boundaries. This request goes against current zoning. It goes against the intended future use of the property. Furthermore, um again, case law shows that a hardship cannot be a self-created hardship. They purchased the property, it had the zoning, they had the advice and assistance of council when they bought it. They knew what they were getting and they went ahead and operated a business anyway. There have been numerous complaints by the neighbors. Some of the issues include people trespassing off of their property onto neighbors property. The fact that they've been parking 4,700 people worth of cars in a field that's not supposed to be parking. The property only has a septic tank. They don't have any of the infrastructure needed to support that. The problem is is once you grant this variance and you let them use it as a quote event venue, then what happens in the future? Um there's not going to be really any way to claw that back. Um, and then it could turn into the next Deer Creek or they could once they get the approval from you guys, they could sell it to the next person, an out of state investor, somebody else who's going to squeeze every bit of money they can out of it and then ruin the community and dump the property back. So, that's what the neighbors are trying to avoid. Um, again, there's also ecological environmental concerns. This

is a letter you guys can take a look at. This is from the Weiring Wildlife Rehabilitation Education Center. Talks about the impact that noise pollution um, and light pollution has on that surrounding ecosystem and the animals there. Um, and lastly, I know that there are a number of people here that probably have their own things that they want to say. Um, but we have had a petition opposing this uh, variance signed by over 100 people. Um, we actually have a map here if you'd like to look at it. This is the area. Every one of those red dots represents a homeowner who signed this petition against the variance and uh I believe a number of them are in attendance today. Um if you're one of those people who signed the petition, you can stand up or raise your hand. Um these are all people here who I'm kind of speaking on behalf of. Um and that's all. Thank you. put the poster board down. I think you can just pass the paper around.

Anybody else wishing to speak?

Yeah. Um, my name is Cindy Pretty. First of all, thank you for this um process that we can speak and voice our concerns. I live at 5742 South Burlington. So my property goes right to the river and then the landing at Redwing is right there. So we're literally right across from each other. So what I want to say tonight, I do want to repeat what Drew said about I'm not so concerned what has happened in the past. I there's some things that bother me. There are definitely things in the business plan that bother me. But here's where I really get stuck is, as Drew said, once it becomes commercial. I don't know what the future holds for anybody who owns a property, but when it's zoned commercial and it changes hands, can you imagine if a Walmart went in there or a manufacturing facility? Now, I'm not saying you guys would do that, right? Can you imagine it though? What? This property I'm going to try not to get emotional. I grew up there. I live there now. I work there from home. So, I'm there 247. And I plan to retire there. And I plan to sell. Who will buy a property across the river from a commercial that's been zoned commercial? I, you know, I think what are these guys doing? I don't It sounds um It sounds like a good thing. You know, it inviting the community that seems noble. I'm more concerned about the long-term consequences and my own property value quite honestly as well as eco and all that. Thank you.

Clarify. Um but we're just going to make it clear. Thank you. We're gonna Kylen is going to make a clarifying statement. There has been some information that has been presented that is incorrect. So we will clarify what what is h what the request is and what the impact of it would be.

So just to clarify for the board the um request is for a variance of use. Um it is not to reszone the property. The property would stay as a farm zone. The Milh Hollands would be if approved, the Milhollands would be allowed to use the property for the special use that they applied for. Would not transfer to any new owner. Um, usually you guys clarify for this applicant and this applicant only. Um, which would not transfer to any future owner of the land. So, would not be reszoned specifically for this specific ass ask. Sorry. Anybody else wishing to speak um in opposition to BZA39-25?

Good evening. I'm Harold Cidence. My residence at 5729 South Burlington. Uh my wife and I have lived there for 50 years across from the historic Reese Cemetery, which you may be familiar with in that area. one of the oldest pioneer cemeteries in Delaware County. Uh I'm president of that board of directors who controls and uh also maintains and restores that cemetery through a trust created by Jack's many years ago. My first experience with the landing owners and operators occurred a couple of years ago late one evening after about 8 hours of loud music blaring across the property behind the cemetery through the cemetery into our front yard through our house to the patio behind it and the woods behind my house that we also own. My wife and I got ready to go to bed around 9:30 or 10, and I said, "We've got to find out where this racket is coming from." We got in the car, drove around. I nearly knew it was coming from somewhere on Enloow Springs Road. We drove back through the long driveway of the landing, got to the furthest point of that property, which is right on the very edge of White River. Keep in mind that right across the river is a property owned by the maze. AC behind that is the cemetery and across the street is my property.

I drove up to the venue. There were several people at the edge of the the uh river at a high point. They were standing around. Microphones, musicians, huge amps. This is blasting Unbelievably, I mean, in an area that we purchased 50 years ago for peace and quiet and sanctity away from the noise of Muny. I confronted the owner and asked him, "Would you turn the music down? It's just entirely too loud. We cannot even sleep for this." Keep in mind, my wife, who is terminally ill, now on to go on hospice this week, couldn't even sleep. Fireworks, loud music booming all through that area. Now, it may not bother anyone on Enloow Springs, but that makes sense. Their houses are far away from that river. So, interestingly, the owner said, 'Well, you better just get used to it. That's the kind of neighborly concern I got with my first encounter with these people who are opening a commercial property in a primarily residential and farm area. Okay. Thank you, sir. We have to have views.

Hi, my name is Chris Pretty. I live at five um 5742 South Burlington Drive. If when she's showing you the map, if you will notice, everything in yellow and everything in green is zoned R1 or R2. These are completely residential properties. They are we are not in the city limits. We're not even on sewer. Um so when when you have a commercial variance so to speak coming through there uh disturbing wildlife migration patterns. There are bald eagles back there. There are beaver back there. There are mink back there if you can believe that. We've seen these. There um are all kinds of wild animals. And this is this must be incredibly disruptive to them. um and changing their migration patterns and the frequency with with which we see these animals. And we move there for peace and quiet as someone else said, sorry to repeat. Um and the noise is just at times very atrocious. Um, we had to call the sheriff one time to send them out there to reduce the noise level because it was in another event I had to leave my home because I didn't want to offend the Mil Hollands and call the sheriff again. Um, so I was trying to be a good neighbor, but it has been been hot um the way I had anticipated. So, um I hope that the board will take these residents into consideration because it is primarily residential and it's outside of the city limits and when you're talking about a volume number of people traveling on Enloow Springs Road, which is already a a traffic hazard, there have been numerous accidents over there. Um 4,000 people coming and going from a concert and it's my understanding that a liquor license will be applied

for. So, you throw drinking in the mix. um it just I think it's a a bad venue for them to put their um event center. So I hope the residents will be kept in mind by the board when they make their final decision. Thank you very much.

Good evening. Chris Gillum, 5712 Burlington Drive. Our property backs up to the river on the north side of Burlington Drive. 20 feet across the river, 30 feet, whatever it is, is their property. We noticed this uh two years ago. It was worse than this year. Excuse me. It's too loud. Okay. We bought this house. We've been there 20 years now. It's a beautiful property we have. We bought it because it's nice, quiet, and in the country, as did many of my neighbors. many of those red dots on there. That's why they signed. They didn't move out there so they could be bothered on the weekends by loud music and fireworks going off. I mean, it's it's like everyone else said, it's it's noisy. That's not why we bought the property. And I don't see why someone has the right to come in and start that business. First of all, they didn't follow through from the very beginning. They knew this. They needed this variance and they waited what? Three years to do it. Come on. That's about all I have to say. I don't agree with it. I I agree with the idea. Okay. I agree with the idea having a place like that, but not there. When the Boy Scouts were there, they were there in 1925. The Boy Scouts started their Boy Scout camp out there. And occasionally during the summer, they'd have jamborees over there. and you'd hear these young guys laughing and screaming and making all kind of noise, but it wasn't like having a rock band playing in your ears, you know. It was it was enjoyable actually because I was a boy scout and I was also a cub scout and I know what fun they were having over there and that was that was great. But that place wasn't built like in 1925 very few of these homes were even in that area. that was rural Delaware

County when that place was built and I think it should remain that way. I just I I I applaud them for what they're trying to do, but it's the wrong place to do it and they're going about it all wrong. Thank you. My name is Rick Burch and it's 409 High Street Anderson. I own the property property directly across from their entrance. I bought the property I think was in 21 with the intent the wife and I she was going to sell the house uh she had the house before we got married but she was going to sell the house there in Anderson that we was going up that property because it was peaceful and quiet just like he just said. There was a lot of traffic on Enslow. I mean, I couldn't believe how much traffic going back and forth from the reservoir. So, I never heard anything about I knew the people had bought the Boy Scout camp because I grew up next to a Boy Scout camp when I was younger down in southern Indiana. So, I know what it's like living right next to one and actually going down and helping out. So, I knew that was there. I knew it was being sold. I knew these people bought it, but I never heard anything about what they was going to do. I got a letter last week from you all stating he's having this meeting and what was your concerns? All right. Was there permiss in the very beginning that they had to build all this new stuff that's back there now? No. They went in there and did it. And the guy that bought it, he knows what permits are. He's in that business. So, he knows what permits are. I'm in that kind of business. I know what permits are. It's just part of it. So, why wait until now to get a permit to do

what you've already built? You've already got this other stuff going on. And yes, even online on their website, they talk about getting a beer garden. I had uh a brother, he was an alcoholic and he died. Okay. I sure don't want to move up to that property and build a house when we get ready to retire and hear all that stuff across the road. I mean, directly across from their entrance is where our property is. And here I got to sit and listen to three 4,000 people on different issues, different different venues. I'm not interested in that. Just like these others said, I wanted something peaceful. I'm into the gliders. I fly gliders and yeah, occasionally when we was up there flying gliders, there would be a bald eagle up there flying. He would fly with us. Why? I don't know. But he's got an S down in Chesterfield. There's one down below Anderson. There's one up here. So why do we want to get rid of that kind of stuff? Because they will not stick around if there's a whole lot of activity. Why do we have to listen to all this stuff? Yeah, it's a good idea. We need to give our kids something to do, places to go to, but we don't need anything like down the road at the big concert center. I know you might not make it just like that, but when you got that stuff going on, it follows the crowd and it's what comes with the crowd.

Thank you, sir.

Thank you. Thank you. My name is Jean Ferris. I live on County Road 400 East, so I'm probably a mile as the crow flies from this venue and probably not affected by the noise like uh other people would be. Um, is it appropriate to ask the board for a little bit of clarification here? For instance, um, can you limit the variance? for instance, they're uh the history of what's been going on on the property is slightly less than what they predict it may be in a couple years. Can you limit it? Can you limit uh activities to a certain number of people or anything?

Um the board can put conditions on on usage. Yes.

Okay. Thank you. Um some of the other uh cases you've heard tonight, uh I I'm not an expert on zoning or anything, but I kind of divided variances between addressing land use and addressing details like setbacks and and things like that, which is a good portion of what you dealt with tonight, but this specifically deals with land use. And um I've lived out there for 45 years and I know a lot of people well they just take a look at a property and they say oh I want to buy it. It's nice and peaceful and quiet. Other people will actually look at the constitution so to speak which is the the zoning ordinance and the zoning ordinance says that that's farming and agriculture and then your role I guess is to offer up amendments to that constitution. And I just would encourage the board to be very careful in amending something that's such a substantial land use in an area because that's that's going to change things out there one way or another. Whether you're in favor of it or not, it will change things. Thank you.

Anybody else wishing to speak? Hi and thank you for this opportunity. It's nice to see everybody voicing their concerns and coming together as a community. My name is Terry Teper and I live on in on East Enlow Springs Road. We moved here about three years ago. My husband retired 30 years from the Army and this was our this is our dream home. We love the nature, the wildlife, the the history and the heritage of the area, the farmland, and that's why we wanted to live here. Um, I just got wind of this about two days ago, and I'm glad that I could be here, and a lot of my concerns were voiced already. Um, mainly, uh, the the ecosystem really important. Most of us are on wells, so the water is very important. uh the river, uh pollution, trash, alcohol. Um a big concern for me is the road. Um especially during the warmer months where probably most of these venues will take place. Uh right now, the traffic is really bad. Um speeding up to 90 miles an hour passing. I just cringe when they pass each other. And it's they've there's never been a u a speed electronic speed detector for the three years we've been here. And I just wonder if the city has or the county has an idea of that that's going on. They go out to the reservoir, there's drinking. I've seen beer cans in my yard. um when they have venues at this particular place at the landing, uh they tend to turn into our driveway and

we have a loop, a winding drive where they pull in and they get lost and disoriented because it's dark and we're like, who is this? So, that might increase too, especially with more alcohol. And I don't know, I've seen if there's more alcohol, there's more problems usually, especially during concerts. So, um, you know, we got used to the Fourth of July. That's so cool. We're very patriotic. Um, my husband has a little PTSD from active duty, but we expect it. We prepare for it. But some of the concerts, they light them off anyway without warning. And that's that's kind of an issue. And they've gotten louder for the past three years since we've been here. So, um, I just ask that we kind of look at the whole picture. That's not what a lot of us signed up for. We don't have control once something gets started. We don't have a say in it. If there's a concert going on, and I'm a musician. I love concerts and and music, but we don't have any control. Once it starts, anything can happen. So, thank you. Anybody else wishing to speak? Seeing none, um Kylen will address some of the um additional information that has been presented um to the board. Um so since packets went out, we've received the items obviously you received this evening. Um but you also received um four emails in support and one additional email in opposition. So those were at your u places this evening.

Um also just to report that uh building commissioner Tom Fouch has been working with the Mil Hollands um to go through this process. They have met with our staff several times, have completed and proceeded with everything that we've asked them to do. Um they are currently working with the local Delaware County Health Department as well um as the state health department. Um there were some traffic concerned concerns voiced this evening. There's nothing official that's been done. Um, but I do know that um, Kayla Ferguson from our office has reached out to the Delaware County Highway Department. Um, I will let her inform you guys of what she has found out. Um, so I spoke with Heather Beard from the Highway Department earlier this week and she stated that she did not see any potential hazards or problems with the increased traffic on Inone Springs Road. Um, there was also some comments about the use. Um, just want to kind of clarify for the board, Fred, Daniel, you can chime in here if you want to as well, but when the Boy Scouts were using the property as camping, um, they were operating legally non-conforming. Um, that camping was going on before the ordinance was passed. That's why there was no change of zone or variances provided to them. So then the confusion kind of came in when the Milhollands bought the property as a campground. Um they assumed that these events were permitted. Um Tom Fouch building commissioner then notified them of the issues that they did need the variance and that's when they started this process.

So, we'll now have the Mill Hollands, if you can please come up. Fred, would you like to add to that? Yes. Um, I would just like to remind the board that a boy scout camp is a different use than a wedding venue. And this is not about a Boy Scout camp continuing. This is about a wedding venue and concerts. um which is the reason for the request tonight. Yeah. Thank you for and if you can give us your name and address again please.

Corey Milhalland 5757 East Enloow Springs Road, Muny 47302. Um we did know that that property when we bought that property that it was zoned for farming. We did know that. But we also when we closed on that property, it was classified as commercial slash industrial use and that's what we pay taxes and that's what's on our property card. Um so and we still pay we've paid commercial taxes on that property since we've purchased that property in 24. So we just assumed that we could continue to do that since we were paying commercial taxes. We were not aware that we needed to actually ask for this variance until Tom called us in a few months ago and that's when we started this process or we would have done that already. I don't even remember half of the questions that were asked.

So some of the concerns have been addressed um noise

noise they're acting like we have live music every day or every weekend and that's not the case at all. We plan on moving to that property. We are building a barn. We are remodeling a house. We are building a house. You can see our young family. We do not want live music or music blaring every weekend. We don't want it two weekends out of the month. Like I said earlier, we have had three events where we had live music. No, two the 4th of July and a private event where they had a band for and we know that there's not a noise ordinance out in that in where we are located. There is not a noise ordinance, but we do make sure that the music is done by 10 o'clock. So, we are trying to be understanding. We know that maybe 10 o'clock on the weekend is it's the weekend and we stop the music at 10:00. There's not a noise ordinance out there. We're not trying to be disrespectful. We didn't know half of the concerns that they are they've not brought it to our attention. Um the this gentleman right here, he said that he did come to our property. He did come to our property and it was 7:30. It was 7:30 on a weekend. Yes, we were playing music. If I'm sorry that it was loud. I'm sorry that it got to you. We can try to figure something out where the decimals are I'm not a music expert. I can try to figure something out where it's not Heather just said that there's something that we can do so the decimals aren't traveling so far. But I do know that at the Fourth of July event, I was inside the lodge hundred. The stage is probably from here to the end of that wall and I could not even hear the music inside. I know that music and sound travels outside. I was inside a building to that wall and I could not hear the music. So maybe it was traveling and we can try to look into making sure those

decimals are is that what it's called? Decimb. don't travel. We don't want to be a nuisance. We're trying to do a good thing. We're not trying to make them mad. That's not what we're trying to do. We're trying to do the right thing. I don't know. Any other concerns that I need to address? Um I think there was some questions or just concerns that were brought up about you guys changing the land or developing it in a certain way. Could you share maybe like what your plans are in terms of development of the site beyond what is been done?

Sure, I can I can share. We we other than the remodel of the house and the pool for us to be able to move to that property, there's no intention of ever adding any more facilities out there. We're operating off what was already there with with the Boy Scout campground. Um, when we inherited the property, the grass was up to mid thigh and all the roads leaked, pip pipes were bursted in every building and we've done nothing but put money into it and made it nice, at least as nice as we could.

Um, we did update a stage. We put in like an amphitheater area. They had a stage of reason. It was called the stage of reason and it was like a wood box, had four sides, and it was filled with sand. It didn't even have a top. And we did take that out and we put in a stage and that's where we have the weddings. The wet the the white river is in the background. So we did put that in. Um you you can see a picture of that in the business plan. But other than that, we've not added any buildings. Um there are where the boy scout had the old gun range. We have talked about 5 to 10 years turning those like into cabins once we ask for that special use variance for camping again because we know that we're not now we know that we're not allowed to do the camping at this time. So, we have stopped doing that. Um, but we have talked down the road to try to get that special use variance so we can allow camping there again because we still do have Boy Scouts that call us and want to use that property. Um, and we give them a reduced rate to use that property. And we have talked about using and turning that gun range into little cabins. But other than that, we don't have any plans of building anything else other than what's for our personal use. I think you've addressed all all the things I wrote down. So, I don't have any more questions. Anyone else in the board wants to go?

The ID classification that's been mentioned as being commercial um is a category that the assessor's office places on the property for tax purposes. Um so that is different than the zoning of the property just to clarify. So yes, it has been taxed as commercial and is currently Any other questions of the applicants?

I got a question. Um, so if I understand you right, you're willing to try to work toward coexistence with the surrounding neighbors, regardless of what that looks like. Maybe timing restraints. Uh maybe if people come in and they leave once, they're not able to come back and forth into your venue. So they're in once and if they go out, they out for the rest of the night. Things of that nature. I I don't know what will satisfy the residents, but are you willing to try to work toward coexistence

regardless of what those stipulations may be? To be completely honest, um the 4th of July is our main event that we have that's awfully noisy. I am looking for a wedding venue. If you don't want me to do something free for the community that costs me a lot of money, I don't have to do it. I like to do it. I like to see the kids running around. I like to see them smile. I like to see them having fun. And that's what it's about to me. It doesn't matter what it costs. It's about seeing people get together other than just being hate bolt each towards each other. I want it to be fun. I wanted to everyone come out. Like we said before, we have security. We had police officers at the end of the road that was directed traffic so we could get the the crowds moving and out. It was very quick quickly done. We had six undercover police officers that were serving during our events. Um

but yes, we are we are willing to try to work with the with the stipulations to try to make everybody happy. I just I mean our main our main focus is weddings.

We do the fourth of July to try to get people we use that as our advertising. So we do this free event because a lot of people don't know about our property about the landing at Redwing. We do the 4th of July which is our big event which we did have fireworks. We do offer a firework package in our wedding in our wedding packages. We we sold one of those. So we let fireworks off on the 4th of July. We sold one one other firework package which was in May and then we had a gender reveal fireworks. So we let fireworks off three times this year. Three times. As I'm reading this, it said that you would like to purchase a liquor license in 2026.

We did talk about trying to obtain a liquor license. That way when we have weddings, we're not h they're not hiring out from like the mouse and bringing in somebody else to serve liquor that they are buying that from us so we can try to earn money. We also to kind of put that into into more of a height, we have a commercial kitchen that is on the property that is not certified yet. We are in the getting it certified so that we can do our own catering and serve our own alcohol for weddings.

Yeah. And we are in we are working with the health department to try to get that kitchen certified so we can do the catering and the alcohol so we can charge more for the weddings. The weddings are what make us money. That's what we're trying to sell is the money is or the weddings are our main focus. Any other question of the applicants?

Think you can have a seat then. Thank you. Excuse me. May I have one comment made? No. So, u all public comment that pep that period has come and gone. So, got there three minutes and then some and I just wanted to clarify something. It was not 7:30 when we went over there. Okay, that's fine. I don't go to bed at 7:30. Okay, that's fine, sir. Okay,

so I guess the um the chair would entertain a motion or on how with regard to this request. Okay. Or discussion on it. Um I guess we I guess procedurally we should have a motion in a second. Um, and then that would give us an opportunity to have discussion further. Correct.

Okay. I'm going to make a motion to approve BCA 39-25 with the hardship stated therein and the condition that the business gets any and all necessary permits that they obtain them in order to conduct business activities on the property. and that this variance request be for the applicants only and would not transfer when or if the property is sold. You can do a continuous. That's my motion. We have a motion. Do we have a second?

Could you repeat the motion, please? Yeah. The motion is to approve it with the conditions that they get all the necessary permits to operate their business legally and that this variance will only be for them owning the property. So if they sell the property, it cannot operate as a business. It will only be for these specific individuals. I second that.

Now we can have some discussion um with regard to this request. There seem to be some chatterings over here about other conditions being placed on on the applicant. Um, so if somebody else wanted to make a different motion, I they would make that now. Is that correct? So there is a motion on the floor at this time. So either a vote has to be taken on that or you need to withdraw your motion for someone else to make a different motion.

All right. And that's why this is an open for discussion. If you're going to want to address some of these other things, this is your opportunity to to address those things. I guess another option is and I don't know if um someone in the audience did point out then that's another option um the applicant would have an opportunity to I guess they could ask for a continuence. I know in the past this board has allowed um matters to be continued to a next meeting where an applicant um typically they would deal with neighborhood associations. So, this might be something quasi similar um where the parties could um potentially meet and and try to work out something um um be more favorable um and something everybody agrees to. Um that's um a potential option. Or um we could take a vote on what's being what is on the floor now, which is to approve with the two conditions set out. I would like to add a condition uh an additional condition of music ceasing at 10 10 p.m. or before.

Okay. So, I think Delaney would have the option of withdrawing her motion, right? Correct. Sure. Could I confirm? It looks like Christie is Do you have anything you want to add? Well, I I'm it really is very bothering to me that there that the plan is to have the beer garden and the other things, but I don't suppose we can really regulate that sort of thing. Um I guess could we put a condition can we put a condition on?

So the request is only for specifically what they asked for. um in their application as being the proposed use and the vision or the the business plan may be that a plan a vision future options but it is not something that it does state that they've already purchased the sound systems um And that I mean it really pretty much says what they're going for, right?

So it looks to me like they're really trying the focus is going to be on other things besides just the wedding. And I they have a right to have business. So we we really can't stipulate.

So this is what they put in their application, which is what they would be limited to for their business use. um 10 weddings per year, 30 to 50 banquet hall rentals per year, 50 overnight stays, up to five annual signature events, one to two music festivals, and five promoter events. As to alcohol, it says the landing at Redwing would like to purchase a liquor license in 2026 for weddings and events. The landing at Redwing would hire licensed servers or pouring company for all events. So yeah, so that is what they put in their answer to number eight on the application. what are they requesting? So that is what their business use is limited to. And also that section includes hours. Um which are Monday to Friday 9:00 a.m. to 9:00 p.m. Saturday 9:00 a.m. to 10:00 p.m. Quiet times 11:00 p.m. to 7:00 a.m.

So Delaney's uh proposal would cover Richard's concerns of the 9 to 10 and Correct. Yeah. What they've currently put is that on week nights, Monday through Friday, it will end at 9:00 p.m. and Saturday at 10 p.m. That is what they put in their application. So, that is what they would be held to. [Music] Yep.

And obviously if the board wants to make changes to that particular section in se that that they put in their request obviously the board can do that. Um the way Delaney made her motion currently it is as listed in that and that's their official answer to question number eight on the application which is different than what's in the business plan. The official answer for number eight is what they submitted under a notary signature saying was what they wanted to do with the property. So that's what they would be bound by if this board approves us.

So that's what I'm named for us tonight. And it also says um also see include business. Again, we have a motion and a second with the two conditions. And as it is now, the with the motion, it would allow them to perform all of those activities that um have been addressed. So the board has a couple motions to take a vote on the pending motion to withdraw the motion have another motion. Um that's the options available. I'm prepared to vote on the motion I made. So, um, unless if the board has any other comments, but otherwise, I would be prepared to vote.

Okay, I think we're ready to vote. Is that correct? I think so. And that would be on the motion that's been made. Roll call, please. Miss Fritch, yes. Mr. Ivy, yes. Miss Kaiser, yes. Miss Knap, no. Mr. Billington. Yes. Miss Matthew, I'm recused myself.

Okay. So that is four yeses, one no. So that is official action of approval of BZA 39-25 with the conditions outlined in the motion. Our office will provide you with certification of that approval so you can proceed with any permitting and/or licensing from here on out. Thank you. Thank you.

And again, as you leave, if you can be quiet, we are having other business that we have to attend to. Thank you. But some of those we're going to we're going to four of them we're going to have hyper speed. So whenever you're voting BZA40-25 jurisdiction board of zoning appeals being a public hear on a minute maybe sorry

reminder as a reminder to the board um everything that you are talking about on the microphone is is being picked up and is being heard. So um if you don't want everybody to hear that um it would probably be best to refrain from that or turn your microphone off. So when the stenographer retract and our legal council has said um during the meetings um the board members are not supposed to have side conversations. Okay, sorry about that. Second.

Okay. We are now on BZA4-25, jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Chad Dwayne Jones, 4612 South Hoy Avenue, Muny, Indiana, requesting a variance of use from the terms of the Delaware County Comprehensive Zoning Ordinance to allow a tattoo business to operate in an existing accessory structure in a resident zone on premises located at 4612 South Hoy Avenue, Center Township, Delaware County, Indiana, as more accurately described in the application

give us your name and address. My name is Chad Jones and my address is 4612 South Point Avenue. So, can you tell us what you're wanting us wanting to do with your property there? Yeah, I have a small building that I'm wanting to get a commercial variance in so I can operate a small tattoo studio that's quiet, quaint, and drama-free out of, you know, out of the norm just to be able to operate legally and by the codes with the health department and everything. So, can you tell us like what your business hours are?

Uh, yeah, it typically it's noon to 700 p.m. Wednesday through Sunday. uh close Monday and Tuesdays. I generally try to operate by appointment only. There's not going to be like a heavy amount of traffic or anything like that other than what's the ordinary on avenue. Um it's just a little bit, you know, reserved and kind of off the wellbeaten path.

So, are you the only um individual that's going to be performing and doing the work? No, I do have one other person that would possibly be there by appointment only as well that I've worked with in the past for over three years and he's kind of on the same path and mission that I am on. And it's u my understanding you're not planning to have a sign advertising your business. Uh I was going to apply for that in the future if possible if needed, but as of right now, no. Could you repeat your You said 12 to 7 p.m. What days? Wednesday through Sunday.

Thank you. This might be time. Um Okay. And I guess maybe um also and I'll ask a question and that might lead to some information from Kylen on behalf of um our of the of their office. Um so as a tattoo artist, are are there certain rules and regulations and permits that you have to obtain in order to um perform your your job?

Yes, you do have to be certified by the Delaware County Board of Health. And um are you or is it um is it based upon um us agreeing to do that before you're able to apply or have you apply? I've been permitted in Delaware County for almost 20 years. This establishment itself is not permitted but to obtain that I would have to have the the variance for that location. Yes.

Okay. Um for the board's information, uh Mr. Mr. Jones is currently working with the county building commissioner Tom Fouch. Um Tom Fouch and Jeremy Pedigrew from the health department were out at the um site and have started processes with him that need to be completed. Um so he's currently working with building commissioner, currently working with the health department. Um we do have a couple of emails here that were at your place settings tonight that were not in your packets. Um, we have an email from Neil Patterson, lead pastor of Muny Southside Church of the Nazarene in support. We have an email from Allison Wood in support. And we have an email provided to you from Jeremy Pedigrew stating that um, if Mr. Jones is granted the variance, he will need to comp complete the Delaware County Health Department's plan review process. Mr. Mr. Jones appears to be well on his way of doing so. Mr. Jones will need to apply for the correct building permits from the Delaware County Building Commissioner's Office. Mr. Jones will need to pass all building inspections. Um, he will need to get fire inspections as well as pass that inspection in order to complete the health department review. Um, we also have um just some information that Kayla Ferguson from our office put together after a phone call with Mr. Jones um talking about the hours and so forth as well.

Does anybody else have any other questions of the applicant hearing? None. You may have a seat there, sir. Um, anybody wishing to speak in favor of BZA40-25? Good evening again. Steven Bran, Delaware County Commissioner in District 1. Mr. Jones, this property is in my district. I've heard no complaints. Uh, I think Mr. Jones noted that he's performed this type of work in Delaware County for two decades and has proven to been trustworthy. And I would hope that you would approve his variance request.

Thank you. Anybody else wishing to speak in favor of this?

Yes. My name is Ernest Maxwell. I live at 4608 South Point right next to Mr. Jones. Uh I've lived there since 2020 2009. He's lived there about the last 5 years after purchasing the house from his aunt. Uh in in all the years since he's been there, he's been an exemplary neighbor. We've help helped each other out many different things. I came home from work one day and he was in my kitchen stirring the spaghetti because his wife didn't take the car seat with her. So he he couldn't take his son go because her car was broke down. So my wife did but she had dinner started. So I come home and he's standing in my kitchen. I'm going what what's going on? So

yeah, it was really good. Uh, but I we've talked about this when he first started talking about it doing and my wife and I, we have no problem with anything. Thank you. Thank you. Anybody else wishing to speak in in support of this request? Okay, seeing none, anybody wishing to speak in opposition to BZA40-25? Okay, seeing none, then the chair would entertain a motion as to the request.

Um, can I just clarify? So, the current variance that we are approving does not include a business sign or signage and that is not part of this application. Correct. Okay. Um, I would like to make a motion to approve BCA40-25 with the hardships stated therein with the understanding that the applicant will obtain all necessary permits um and that the business be used for the applicant only and not transfer with the property. Okay. So, we have a motion and a second. Roll call, please. Miss Bridge. Yes. Mr. Mr. Ivy,

yes. Miss Kaiser, yes. Miss Knap, yes. Mr. Bellington, yes. Miss Matthew, yes. Okay. So, that is six yeses. So, that is official action of the board of approval of BCA40-25. We will provide you a certification of that so you can continue with your permitting and inspection processes. Thank you.

Thank you. BZA41-25 Jurisdiction Board of Zoning Appeals being a public hearing on the matter of an application filed by Candace King, 8304 East Dotto Street, Muny, Indiana, requesting a variance from the terms of the Delaware County Comprehensive Zoning Ordinance to allow a replacement mobile home to be on peer supports rather than a permanent foundation on premises located at 83 304 East Dotto Street, Delaware Township, Delaware County as Indiana, as more accurately described in the application.

Yes. Can you give us your name and address, please? Candace King, 8304 East Street, Muny.

So, can you tell us what you're ask um wanting to do on your property? I am wanting I'm requesting to be able to remove the existing mobile home on my property and replace it with a brand new mobile home on a pier system because a foundation would not be financially able for me to put it on there. It's my understanding you're not changing the placement of where it's located. just changing instead of it being on a foundation to use the the um the pier system. Is that correct?

That is correct. The mobile the existing mobile home is on a pier system as well and I would just be replacing it with a larger but it wouldn't it would still be in place of Yes. Okay. Sure. Does anybody else have any questions of the applicant? Okay. You may have a seat there, ma'am. Thank you. Anybody else wishing to speak in favor of um BCA41-25?

Hi. Uh Fron Milner, 8301 East Street. Live right across the street from her for about six years and we've never had any problems. I don't think this is going to affect anybody. She should be able to do what she wants to do. That's it. Okay. Thank you, sir. Anybody else wishing to speak um in favor of BZA41-25? Seeing none, anybody wish to speak in opposition to BZA 41-25? Also seeing none and I'll turn it over to Kylen.

Okay. So not in your packet um at your places tonight were um documentation of a phone call that was received from from Fron Miller or Milner, excuse me, in support. Um and also the county building commissioner Tom Fouch has reviewed this request. Um he does support this with no safety concerns. Then the chair would enter entertain a motion as to the request. Then I would make a motion to approve BA41-25 with the hardship stated therein.

Second that. Okay. So we have a motion and a second. Roll call, please. Miss Kaiser, yes. Miss Knap, yes. Mr. Billington, yes. Miss Fridge, yes. Mr. Ivy, yes. Miss Matthew, yes. Six yeses. So that is a official action of the board of approval of BCA41-25. Our office will provide you uh with certification outlining that approval, which will allow you to proceed in your permitting processes. the certification. Um, we normally start typing those up tomorrow morning, the next morning.

Yes, we can notify you when it's ready if you'd like us to. Okay. BCA42-25 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Michael Gregory 1224 East 22nd Street Muny Indiana requesting a variance from the terms of the city of Muny comprehensive zoning ordinance to allow an increased height for a new pole barn for personal storage on premises located at 1224 East 22nd Street, Muny, as more accurately described in the application.

If you can give us your name and address there, sir. Uh, Michael Gregory, 1224 East 22nd Street. And just want a variance so I can build a pole barn to keep my camper and some trailers and stuff um in the pole barn so we don't have to leave them outside. And I think you're asking um that it be taller than what the ordinance is. Um and that's um according to your application because you have an RV and you're wanting to store your RV there. Is that correct?

Correct. Yeah. So I think they said the height was 16 17t maybe. Um I'd like to have 16T sidewalls so I can have 14t doors. Um because some campers can be like 13 and 1/2t. So, I just want to make sure that we can keep them inside that way, you know, the weather doesn't affect it and hurt it that way. Okay. And I think you already kind of touched upon it just, but for clarification purposes, this is just for your own use. Um, you don't operate a business out of it or plan to?

No. No, no business or anything like that. Um, we just we have a lot of people wandering through the neighborhood and I don't want them messing with my stuff. Um, where we're at, we get people that cuss through the yard. Um, we've had people drive cars through our yard and everything else. So, I'm just trying to keep it safe inside where nothing happens. Okay. So, if anybody else have any questions of the applicant. Okay. Seeing none, you may have a seat there, sir. Thank you.

And um, anybody wishing to speak in favor of BZA 42-25? Good evening again. Steven Brand, Delaware, County Commissioner, District 1. This is also in my district. I've heard no complaints and I would hope that you would grant the variance this evening. Thank you. Okay. Thank you. Anybody else wishing to speak in favor of BZA42-25? Good evening again. Dan Rydenower, mayor of Muny, 310 North High Street. Um I would also en encourage support for this um ask. Thank you. Thank you.

Okay. Anybody else wishing to speak in favor? Seeing none, anybody wishing to speak in opposition to BZA42-25. Okay. Seeing none, um the chair would then entertain a motion with regard to the request or oh I'm sorry there is some additional um information that has been provided um this evening with regard to um this matter.

So yeah, I just passed um down the um sketch drawing that u Mr. Gregory presented um to us this evening. Okay. Now, I would entertain a motion with regard to the request. I'd make a motion to approve BZA42-25 with the hardship stated therein with the condition that the barn be used for personal storage only and not for business use. Second. We have a motion and a second. Roll call, please. Miss Knap, yes. Mr. Billington, yes. Miss Fridge, yes. Mr. Ivy, yes.

Miss Kaiser, yes. Miss Matthew, yes.

Six yeses. So that is official action of the board of approval of BCA42-25. Our office will provide you the certification outlining that approval, which will then allow you to proceed with your uh applications for permits. Okay. Before we have Kylen Reed, um BZA 43-25, um we have um 43, 44, 45, and 46. um all with the same applicant and all for the same type of request um for um change in setbacks due to um building versus where um where their plans were. Um, one option this board would have would be to allow the applicant and public comment be um for all four um properties at the same time. Um, and then when it comes to voting purposes due to the fact that there are different setback um um u measurements um that they're seeking that we would address. a vote on each one separately. So, um I guess if anybody wishes to combine these four items for discussion purposes, um we would just need um somebody um or a motion to be made to do that.

I would make a motion that we combine the fourations together for discussion. We have a motion. How about a second? Oh, sorry. So, I think we can do that by voice votes. Is that correct? Or should we do this by roll? I would do this by roll call because you're technically suspending the rules. Okay. Okay. Mr. Billington. Yes. Miss Frriain. Mr. Ivy. Yes. Miss Kaiser. Yes. Miss Nap, yes. Miss Matthew,

yes. Okay. So, that is five yeses. So, that is um approval to hear these together.

Um I might Mr. Wisley, do I need to still read all the descriptions? Okay. BZA 43-25 Jurisdiction Board of Zoning Appeals being a public hearing on the matter of an application filed by Muny City View Homes LLC 9100 Center Point Drive, Sweet 210 Westchester, Ohio, requesting variances from the terms of the City of Muny Comprehensive Zoning Ordinance to allow reduced front setback and side street setback for an existing 4-unit residential structure on premises at 1118 8, 1120, 11122, and 1124 South Elm Street, Muny, as more accurately described in the application. BZA44-45 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Muny City View Homes 2 LLC 9100 Center Point Drive Sweet 210 Westchester, Ohio requesting a variance from the terms of the City of Muny comprehensive zoning ordinance to allow a reduced front setback for a house on premises at 1624 South Elm Street, Muny, as more accurately described in the application. BZA45-25 Jurisdiction Board of Zoning Appeals being a public hearing on the matter of an application filed by Muny City View Homes 2 LLC 9100 Center Point Drive, Sweet 210, Westchester, Ohio, requesting variances from the terms of the city of Muny comprehensive zoning ordinance to allow a reduced front setback and a reduced side street setback for an existing house on premises at 1201 South High Street, Muny, as more accurately described in the application. ation BZA46-25 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Muny City View Homes to LLC 9100 Center Point Drive

sweet 210 Westchester Ohio requesting variances from the terms of the city of my comprehensive zoning ordinance to allow reduced front setback and a reduced side street setback for an existing three-unit residential structure on premises located at 1200 1202 2 and 1204 South Elm Street, Muny, as more accurately described in the application.

Good evening. My name is Damen Brown with Pivotal Housing Partners. Um, address is 9100 Center Point Drive, Westchester, Ohio. We are humbly asking for the approval of the um reduced setback on the front and the side on three of the properties and only the front on one of the properties. And I think it's my understanding from the application it was due to um maybe staking out the um property by the contractor and it was built different than what it was originally planned to be. Is that my understanding on on these matters?

Correct. Okay. So, I guess my question is you're you're probably not wanting to move all of these buildings and would just rather ask to grant your We would rather not, but um does anybody um have any questions of this applicant? Seeing none, I believe that you um can have a seat there, sir. Thank you. So, anybody have um like to speak in favor of these four requests?

Uh Dan Rydenower, mayor of Muny, 300 North High Street. Yeah, we uh are definitely in favor of this. Uh we appreciate uh what Pivotal has done. This was two different developments because if you know, one notice, one was Muny City View, the other was City View 2. um and they provide good affordable housing for our residents and uh really don't want to have to move those residents a couple feet off of where they are. So would hope that this board will uh give a favorable recommendation.

Steven Bran, Delaware County Commissioner, District 1. This is also in my district and I've had no one speak in opposition against it. So I would hope that you would approve it. Thank you. Thank you. Anybody else wishing to speak in favor of these requests?

My name's Thomas where I live at 1720 Southbound Street right next to that property or now and I want to know what the setback was for. What if they going to take some space out or close the alley or what the kind So, and and I'll let the applicant come back up. Do you have um sir, do you um and I guess um do you have any objection and you may not be able to answer. Okay. Sure. Okay. And I guess if you can give us your name um again, sir.

Damian Brown. Uh, Pivotal Housing Partners, 9100 Centerpoint Drive, Westchester, Ohio. What street were you on? Okay. Um, so the front I believe it was 25 ft and the side may have been 20 and they've gotten into that. So they're not a full right. They're not a full 20 on the side or 25 from the front. So No, we're we're not going to close the island. Yes, that's going to remain open. Okay. Okay. Thank you, sir.

Anybody else wishing to speak in support of these um matters? Seeing none, anybody wishing to speak in opposition to these four matters? Okay, seeing none, um I guess we will um start with BZA43-25. Um the chair would entertain a motion with regard to the requested motion to approve requested bearings to allow reduced setbacks on side street and existing four residential structures properly known as 1118 1120122 and 1124 on South M You must

I'll second that. Um, one thing that I would like to add that was in the staff report because these four were already approved. Um, you're going to want to include to include the conditions from the previous approval for each one of these so that they continue in effect. Um so for this first one it's the conditions from 1421 also noted in the motions um yeah so we would just make a conditioned provision understanding condition previous variance BCA 1421 shall remain in All right.

We have a motion and a second with regard to that matter. Roll call, please. Mr. Billington, yes. Miss Fridge, abstain. Mr. Ivy, yes. Miss Kaiser, yes. Miss Knap, yes. Miss Ma, Miss Matthew, yes.

Five yeses. So that is official action of the board of approval of BCA43-25. We'll move on now to 44-25. The chair would entertain a motion with regard to that um request. I will make a motion that we accept the changes in the setback um with the understanding that the um that they will also remain. Do we need to do that with these as well?

This one the previous approval is BCA 16-21 for this one. Right. shall remain in effect for BCA 44-25.

We have a motion. Do we have a second? Second. So, we have a motion and a second. Roll call, please. Miss Bridge, stay. Mr. Ivy, yes. Miss Kaiser, yes. Miss Knap, yes. Mr. Billington, yes. Miss Matthew, yes.

Five yeses. So that's official action of the board of approval of BCA44-25. Then on to BZA 45-25 would entertain a motion with regard to that request. I make a motion to approve BZA45-25 uh with the setbacks and what was the existing zoning?

BZA 16-21 is the prior variance. Yeah. To include that 16-21. Yep. Yep. Motion. Do we have a second? Second. Roll call, please. Miss Kaiser, yes. Miss Knap, yes. Mr. Billington, yes. Miss Fritz, abstain. Mr. Ivy, yes. Miss Matthew, yes.

Five yeses. So that is official action of the board of approval of BZA 45-25. And the last in this set of matters would be BZA46-25. And I would entertain a motion with regard to this request. I will move that we accept BCA 4625 the as presented

with the understanding that we'll have the conditions of the previous variance BZA 14-21 will remain in 15 actually this one's 15-21 did I say that wrong yeah you said 14 oh yep you're fine Okay. Yep. We have a motion. Do we have a second? Second. Roll call, please. Mr. Billington, yes. Miss Bridge, abstain. Mr. Ivy, yes. Miss Kaiser, yes. Miss Knap, yes. Miss Matthew, yes.

Five yeses. So, that is official action of the board of approval of BCA 46-25. All of those approvals um do reference the previous BZA certifications. Um we will provide you with certifications of the new approvals um and get those to you. Thank you.

Thank you. Yep. BCA47-25 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Bryce and Christina Craig 601 South Sycamore Street, Gaston, Indiana, requesting variances from the terms of the Delaware County Comprehensive Zoning Ordinance to allow reduced north side and southside setbacks for a barn replacing one that was damaged by storm on premises at 601 South Sycamore Street, Harrison Township, Delaware. County, Indiana, as more accurately described in the application.

Hi, I'm Bryce Craig of 601 South Sycamore Street in Gaston, Indiana. Um, just wanting to replace a building that was damaged um in April. Um, to build something of a useful size. I'm slightly larger than I was before and that makes me close to the property lines to the south and to my own property to the north that's uh governed by the town of Gaston.

And is the the building just going to be used for you? And I just want to park my truck in it. Okay, please. Have you spoke with any neighbors and gotten any feedback? Uh, I spoke with the gentleman who owns the farm field this would actually be closest to.

Um, cuz it could actually mess with him and he was fine with it. Um, he actually told me he was happy we wanted to replace it. So, Any other questions of the applicant? You may have a seat then, sir. Thank you. Anybody else wishing to speak in favor of BZA 4725?

Steven Brian, Delaware County Commissioner. This is not in my district, but I was out there the day after that wind event and saw the damage and uh I would be speak in support of this. Thank you. Thank you. Okay. Anybody else wishing to speak in favor of BZA47-25? Anybody wishing to speak in opposition to BZA47-25? Seeing none, then the chair would entertain a motion. Oh, I'm sorry. Go ahead. Yes, sorry.

So, um I just wanted to provide the board with um the information that this is a unique situation um based on the jurisdictional lines. Um his house is within the town of Gaston limits and the barn is on a parcel that is Delaware County jurisdiction. Um the only reason he is having to seek this is that the barn he's wishing to replace is not going to sit on the exact same footprint. Um so building commissioner Tom Fouch is completely supports this has no problems with it. Um and this does this is the exact situation that defines a hardship. Are we now okay for me to make a motion?

Yes, we continue. I would like to make a motion to approve BZA 47-25 with the hardship stated therein. I'd second that. We have a motion and a second. Roll call, please. Miss Fr? Yes. Mr. Ivy? Yes. Miss Kaiser? Yes. Miss Knap? Yes. Mr. Billington? Yes. Miss Matthew? Yes. We're back up to six. Six yeses. So that is official action of the board of approval of BCA47-25. We will provide you with that certification which will then allow you to apply for your permits.

Can you notify me with that for anything? We sure can. Thank you.

Last one. Last case everyone BZA48-25 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Pegasus Futures 2 LLC in McDonald's restaurant 110 North Carpenter Street Chicago Illinois requesting variances from the terms of the city of Muny comprehensive zoning ordinance to allow an increased front setback build to line on Macedonia Avenue and 29th Street and for the drive-thru lane to be between the building and Macedonia Avenue and 29th Street. All for a new McDonald's restaurant on premises on the southeast corner of Macedonia Avenue and 29th Street and on the west side of Chandler Drive, Muny, as more accurately described in the application. Good evening. My name is Lindsay Jordan. My address is PO Box 373, Alexandria, Ohio 430001. I will try to keep this quick because I think I'm the last thing before the door, the pillow, or dinner tonight.

So, I can comment that um had McDonald's products been provided, our board would have been a lot more happier than had a Chick-fil-A cup walking in here, but we'll keep that under wraps. Um, so with that said, we are so excited to bring a McDonald's to the southeast side of Muny. Um, as you all probably know, there isn't one over there yet. Um, so with that, being able to do that, we are seeking three variances tonight. One for the front setback um along 29th Street, another along um Macedonia Avenue, and then the last one would be to allow the drive-thru between the road and the building. along with that um in conversations with INDOT, we have decided to change the site plan a little bit and um that came through about a week ago, but I believe the civil or the city engineer wasn't available to speak on that. Um we did provide an updated site plan via email and I have hard copies here tonight if anyone would like to have a hard copy as well. with that um change that does take one access away. So full access off of Chandler will be will remain. Um and I'm happy to answer any questions you may have on the variances tonight.

You said the city engineer has looked at the new plans that you're presenting to us. The I believe the city engineer has not seen them yet. Um

okay. the INDOT engineer was the one providing the information on that access point and mainly because of the distance between the intersection and where we were proposing that access point and we decided to just close it off. There is full access off of Chandler though. So I will comment that our office reached out to city engineer as well and he is out of the office. Um the variances that we are that are before you tonight um is the build to line and the drive-thru. Any future um ingress egress routes would have to be approved by the city engineer as they move forward with their development.

Thank you. Does anybody have any questions of the applicant? Okay. See none, I think you can have a seat there, ma'am. Thank you very much.

Anybody wishing to speak in favor of BCA48-25? uh Dan Ryden, our mayor of Muny, and this is in uh Steven Bran's district. But no, uh this was brought to us at uh some time ago. When I say us, I'm speaking on conversations I've had with the city engineer who happens to be on vacation. He was on vacation parter last week and all this week. So, that's been the the challenge. but he was the one who recommended uh the change from what was originally shown to us uh and said he would work with the state which obviously you've already talked with. So we are extremely excited about this development for the southside and and what it means for um that shopping center and that area. So um I'm hopeful that you'll go with a favorable recommendation. Steven Bran, Delaware County Commissioner, District 1. As the mayor stated, this is in my district. I don't know who gets two weeks vacation, but um that's that's a one and a half weeks. That's a lot of time. Uh no one's uh approached me and spoke against this, and I hope you guys would find a favorable recommendation tonight. Thank you.

Thank you.

Stephen Hines, 276 South Avenue, Muny, Indiana. Um, I think uh you guys should pass this because uh I was born and raised on the south side of Muny and I think it's a tragedy that we've always had to go to the north side of Muny to get a McDonald's. Um, and I say that as the person who brought in the Chick-fil-A cup.

Anybody else wishing to speak in favor of BZA 48-25? Seeing none, anybody wish to speak um in opposition to BZA48-25? Also seeing none, um the chair would then entertain a re um emotion on the request. I'd make a motion to approve BCA48-25 with the hardships stated therein. Second. We have a motion and a second. Roll call, please. Mr. Ivy, yes. Miss Kaiser, yes. Miss Knap, yes.

Mr. Billington, yes. Miss Fridge, yes. Miss Matthew, yes. Six yeses. So, that is official action of the board of approval of BCA48-25. We will provide you with certification of that approval so you can proceed with your development and permitting processes. Thank you very much. have a great evening. You too.

And I see um report from director. So, tonight is the first night I did not provide you guys with a director's report because I knew you would be ready to go. So, you're welcome. Get the motion to adjourn then. Okay, we are done then. Thank you folks.