Board of Zoning Appeals - Regular Meeting

My ready said, "Good evening. Welcome to the November meeting of the Delaware Muny Metropolitan Board of Zoning Appeals meeting. Um, if you can please stand for the Pledge of Allegiance." And I'll have Kylen lead us, please. I aliance to the flag of the United States of America and to the republic for it stands nationy and justice for all.

Roll call, please. Mr. Billington, here. Miss Brandon. Miss Frri, Mr. Ivy, present, Miss Kaiser, Miss Knap, present. Miss Matthew, present.

We have four members present. So, we do have a quorum. So the next matter on our agenda um was the consideration of our um minutes from the September and October um regularly monthly meeting. I believe we are going to table that. Um there may have been um a glitch in um getting those open and and ready uh for approval for this meeting. So, we'll table those um until our this next meeting. Um so, we will be moving on to our new business, but we have some housekeeping rules. Um so, when your case is called, if you're the person that is seeking um the request, you'll um go to the podium and give us your name and address. um you'll be able to explain to us exactly what you're asking for this evening. Um those who want to speak in favor of um the request, they would then have an opportunity to address the board. And then lastly, um, anybody um, who wishes to speak in opposition would have an opportunity to come up and then the applicant would be able to come back again to address any of the concerns that have been raised. I would ask that everybody um, give everybody who is speaking um, respect um, as to what is being said. They may not necessarily have the same type of opinion as you, but we just ask that you um give them an opportunity to

tell us um as the board what you would like to hear and not hear. Um also, I would ask that if you have um a cell phone on, if you can, please turn it off or on vibrate. Um there are four members um present tonight and in order for your case or a case to be finalized and approved or um not accepted um there has to be what is called a fiscal action. And in this particular case, that would require all four of the members um present this evening to agree to a request or um to deny a request. If there is not um a unanimous decision um from all of the members present this evening on a matter then your case will automatically be continued to the next um meeting where again this matter would be discussed um until there is an official action on your case and then um if you I guess we are um looking to do a couple of different things with regard to the order of some of the cases that we have this evening. Um first of all we have multiple cases um where okay so we'll kind of um

but we have some cases where my city view homes um to LLC um is an is the applicant and they are asking for similar types of requests. Um they're asking for decreased setback. Um so I guess I would be looking to potentially having all of their cases um heard at one time. Um, so if that's something that um other board members would um like to do, I guess the chair would entertain a motion. With regard to that,

I move that we combine the Muny City View Home LLC so that we can vote on all those as a package. Let's check that. We have a motion in a second to consolidate although the Muny City View homes to LLC matters in um at one time instead of separate um cases. Um roll call, please. Mr. Billington, yes. Mr. Ivy, yes. Miss Knap, yes. Miss Matthew,

yes. Okay, four. Yes. So that is um official action of agreeability to hear those together.

And then secondly with regard um to those particular matters right now they are I guess they would be the third item on the agenda. So we would like to um have their matter be heard secondly. Is that correct? um because their matter would be a very quick um process. So um I guess if that's something that the um board members would approve, we would um entertain a motion to move city my city view homes u cases to be the second matter on the agenda instead of the last. I will move that we move city my city view homes to the second agenda item so that we can amend

what we have. Second.

Roll call, please. Mr. Ivy, yes. Miss Knap, yes. Mr. Billington, yes. Miss Matthew, yes.

Four yeses. So then we will then go back to the agenda which is BZA 55-25 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Paula and Chad Chad Hoffetter 10608 North KBY Avenue Muny Indiana requesting a variance of use from the terms of the Delaware County comprehensive zoning ordinance to allow keeping poultry in a residence zone and to have a sign advertising fresh eggs. Additionally, the applicant is requesting to have a second dwelling/ guest house and for the second dwelling to have a reduced square footage all on premises located at 10608 North KBY Avenue, Hamilton Township, Delaware County, Indiana, as more accurately described in the application.

Hi, good evening. Yes, my name is Paula Hoffsteader. My address is 10608 North Kby Avenue, Muny, Indiana 473039474. My husband Chad and our youngest son Attekus is here to support us. Um we've submitted, as you have heard, a variety of variance approvals um and apologize for kind of clumping them all together. Um we've been working on some different projects and things for the last couple years and just didn't realize that um it was necessary to get variances or even permits for different things um because we live outside city limits. And so an electrician came to our uh property this summer to give us a quote um on one of our projects and asked if I had a permit and then proceeded to tell me that I was ignorant. And so now we're trying to set everything correct. Um so with that and within the list um includes a mini shed. It's just a 5x5 little storage um shed where we put a lot of our pet supplies and things, a few of the small gardening tools, that kind of thing. Um a larger shed that's about 17 1/2 ft by 7 and 1/3 ft. And that would um is intended for our riding lawn mower, the trail that goes with the riding mower, weed eaters, you know, all those types of things. um storage for caring for things for the yard. Um what's listed as the guest house on your paperwork and so I'll I'll refer to it as that. But um Mr. Fouch came out to our property last week and it cannot be living quarters. Um it doesn't have the right type of um foundation to be living quarters. It would require footers and it's not that type of foundation. Um, and so he said it's adequate to be like a shed or if we wanted to have part of it as a coupe or um a hobby building that that was okay. And he said he would forward that

information to you that I didn't need to do anything in that regard. So our intent with that one at this point um is to have a mini split which he said is fine. Um and that is so Attekus can be out in that building with me. um it gives him the sensation of being outside even though he's still in an thermoreulated environment. Um if it's very hot or very cold, he'll have seizures. And so it's it's a way for him to enjoy being outside inside. Um and you know, other than that, um some storage, but more just a hobby space and a place for he and I to be outside. Um, and then in addition to those things, um, the farm animals, specifically fowl, so chickens, um, and then there's two ducks and one turkey as well. Um, and in caring for them, we've had them for a little over two years. Um, we put up some covered space that's open sides and a portion of that area is, we'll call it people area, um, but not enclosed. and and that's where we have like a grill and um intend to move a picnic table into there soon and we're kind of finishing that little area and that kind of thing. And then the rest is enclosed so when we need to contain the chickens um we're able to do so um within the backyard. Um and then also the sign noting fresh eggs available. Um, I'm glad to go into more detail as to why we started with getting chickens and and so forth if y'all want to hear that or just answer questions at this point.

I think we can just ask some questions and if somebody wants to ask or get more details about that, they can um ask. Okay.

Um, I do have some questions. Um I know that you had indicated um on some of the paperwork that there were around 53 different poultry birds I guess moving forward. Are you planning to keep that same number and large the number? Um we're steadily decreasing. Um at one point this was um news to my husband just this past week. So um I'll admit we had 103. Most of those were chicks and there was a story behind it. Um but ultimately I had ended up with a number of boy chicks um and um individuals had asked for those. I never sell them, but you know, friends had asked for those. Um, and then backed out and to find homes for roosters, whether they're babies or not, is a challenge. And so then I had uh a means of finding homes for them was to increase the number of baby hens that we had and give hens with the roosters in order to rehome them. So we have been steadily decreasing. Um, and of those of the 50 chickens, um, 38 of them are either miniature or micro. So, if you add them all together, it's only about 15 full size.

Okay. And I know that um, your application had also addressed um, um, times where there's an over production of eggs and that you would like to sell those. How often would you say that that happened? um more so in the summertime that we have those to to um give away um or sell. Um like this time of year, it's much more limited um because there's less daylight time. Um but at the very most, I would say three times a week, and that would not be every week. And the current application that's before you is just for her to offer eggs.

Okay. And not sell any eggs. Okay. Correct. Yes. The sign I apologize I did not get a picture for you, but um it's literally it used to say we're a proud parent of a Delta football player. Um but now it just says fresh eggs available.

Okay. And I know that we have um in our packets um previously and we'll talk about something else we've received then, but um that there has been some of the neighbors that have submitted paperwork in support of this. Have you had any of your neighbors um express any concerns about what you're doing or wanting to do? Yeah. Never once. Um even when we began um the idea of getting chickens, um it was so Attekus could watch them out the window. And so I did research. What are the most gentle um soft to touch? Those kinds of things. So the majority of our chickens are silkies because that's the answer to those questions. Um so he can watch them when he's inside and when he is able to be outside or if I bring them inside, they're safe for him. Um, and so when we considered then doing that, I approached our nearest neighbors and asked them if they would mind um, if they would have objection. Um, and they were very supportive. And then, um, since we've had roosters, since we do have roosters, um, I've asked them multiple times, you know, do they pose any kind of disturbance to you? Um, those kinds of things. And, and they've all said that they do not bother them. Um, one neighbor says she doesn't hear them unless they're outside in their backyard. And then, um, she has young children and she sent me a picture just this past week, um, of her son peeking through the fence to see them. And, you know, when you have young kids, they're excited about lots of things. So,

I don't have any other have any questions. Does any of the board members have question? Just a quick one. Um, this is a my address, but it's outside the city limits, correct? Yes, correct. Um it's the little addition across from Gardens of Memory. Okay. Um on State Road 3. Sure. Okay. Thank you. Sure. And you're going to kind of limit the to the 53. Is that going to be the maximum?

Yeah. The intention is to let them steadily, you know, kind of decrease their number. Um silkies in particular are very fragile. Um, and because they're miniature and micro, the majority of them, um, they succumb to stress more so than other chickens. We try very hard to not let that happen. But yeah, that's just the reality.

Okay, I think you can have a seat there then. Thank you. Anybody wishing to speak in favor of BZA 55-25? Okay, seeing none, anybody wishing to speak in opposition to BZA 55-25? Then I'm going to let Kylen address um some correspondence that have has been received after our packets went out to the board members.

Okay. So, in addition to the letters you received in your packets, you received a couple this evening, um we did receive an email November 20th from Blake and Whitney Brownley and that was in support. also received another email November 20th from Dave and Cheryl Matthews in support. And then we also provided you with a letter that the county building commissioner Tom Fouch wrote regarding his visit to the property speaking with Mrs. Hoffetter about the um structures and what it would take for permits and that type of thing. So his letter does say that he would not permit the use of the current structure as a living quarters. Um, but he has addressed those issues with her, let her know if she did want to make it living quarters, what it would take. Um, he does believe that she needs to get permits for all of the structures that are 200 square ft or greater and he has talked to her about that. Um, and then also that he's not pursuing any fines with her at this point. Okay. Then I guess the board chair would take um into consideration a motion with regard to BZA 55-25. I'm I make a motion that we approve BCA 55-25 and all the the hardships stated there.

Second.

Okay. So, we have a motion in a second. Roll call, please. Mr. Mr. Billington, yes. Mr. Ivy, yes. Miss Knap, yes. Miss Matthew, yes. Four yeses. So that is official action of approval of BZA 55-25. We will provide you with certification of that approval um which will then allow you to proceed with your permitting process. And when your case is read, you are free to leave then. Thank you. Thank you.

Yes. You're ready.

Okay. So, we are moving ahead a little bit. Um, Mr. Mr. Wisley, can I read all of the city view introductions

as we're hearing them together? Okay. We have BZA 57-25 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Muny City View Homes 2 LLC 91000 Center Point Drive sweet 210 Westchester Ohio requesting variances from the terms of the city of Muny comprehensive zoning ordinance to allow a decreased front setback and to allow a reduced side street setback all for a newly built dwelling on a corner lot in a residence. zone on premises located at 401 East 8th Street, Muny, Indiana, as more accurately described in the application BZA 58-25, jurisdiction, Board of Zoning Appeals, being a public hearing on the matter of an application filed by Muny City View Homes 2 LLC, 91000 Center Point Drive, Sweet 210, Westchester, Ohio, requesting a variance from the terms of the City of Muny comprehensive zoning ordinance to allow a decreased front setback for a newly built dwelling in a residence zone on premises located at 409 East 8th Street, Muny, Indiana, as more accurately described in the application BCA 59-25 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Muny City View Homes 2 LLC 91000 Centerpoint Drive, sweet 210 Westchester, Ohio, requesting a variance from the terms of the city of Muny comprehensive zoning ordinance. to allow decreased front setback for a newly built dwelling in a residence zone on premises located at 1107 East 7th Street, Muny, Indiana, as more accurately described in the application. BZA 1660-25 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Muny City View

Homes to LLC 91000 centerpoint drive sweet 210 Westchester Ohio requesting a variance from the terms of the city of Muny comprehensive zoning ordinance to allow a decreased front setback for a newly built dwelling in a residence zone on premises located at 1204 South Franklin Street, Muny, Indiana, as more accurately described in the application BZA61-25. Jurisdiction Board of Zoning Appeals being a public hearing on the matter of an application filed by Muny City View Homes 2 LLC 91000 Centerpoint Drive, Sweet 210, Westchester, Ohio, requesting a variance from the terms of the city of Muny Comprehensive Zoning Ordinance to allow a decreased front setback for a newly built dwelling in a resident zone on premises located at 1711 South Madison Street, Muny, Indiana, as more accurately described in the application. And finally, BZA62-25, jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Muny City View Homes 2 LLC 91000 Centerpoint Drive, Sweet 210, Westchester, Ohio, requesting variances from the terms of the City of Muny comprehensive zoning ordinance to allow for a decreased front setback and to allow a reduced side street setback, all for a newly built dwelling on a corner lot in residence. and zone on premises located at 125 East 8th Street, Muny, Indiana, as more accurately described in the application.

Good evening. Uh Damen Brown here with Pivotal Housing Partners. Uh we're here tonight to get the board's approval on the reduction of the setback either on the front side or in a couple cases both. And it's my understanding that um this was determined based on um surveys that were completed on each one of these parcels after the buildings or the homes were were built on these buildings. Is on these parcels? Is that correct? Yes, that's correct.

And that you're just um seeking some additional um setbacks just because of that. Is that correct? Yes. Okay.

And then um also for the reminder for the board um city view obtained a variance on each one of these um parcels previously um would be BZA 16-21. Um and so some of the um those variances um may need to be carried over um along with this particular um request. So does any of the members have any questions of the applicant? Okay, seeing none, you may have a seat there, sir.

Thank you. Anybody wishing to speak in favor of BZA 57 um through 62-25 seeing none um anybody wishing to speak in opposition to BCA 57 through 62-25. Okay. Seeing none, then the chair would entertain a motion with regard to the applicant's request.

I'll move that we approve BZA 57-25 through 62-25 consecutively with the understanding that the previously approved variances and conditions would remain in effect. Second. We have a motion in a second. Roll call, please. Mr. Billington, yes. Mr. Ivy, yes. Miss Knap, yes. Miss Matthew, yes.

Four yeses. So, that is official action of approval of BZA cases 57-25 through 62-25. and we will provide you with certification of that approval. Yep. Thank you.

You're ready. BZA 56-25 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Andrew Collins 6320 North County Road 600 West Gaston Indiana requesting variances from the terms of the Delaware County comprehensive zoning ordinance to allow increased height for an accessory structure and to allow accessory structures total square footage to be greater than that of the dwelling all for a new pole barn in a resident zone on premises located at 6320 North County Road 600 West Harrison Township, Delaware County, Indiana, as more accurately described in the application.

Hello, my name is Andrew Collins and I'm the owner at 6320 North County Road 600 West in Gaston and I am seeking for two variances. one for a a 44x60 pullb barn to be added onto a current detached garage which would create a higher square footage than my current dwelling. Uh the second is for a taller height. I think your guys's cut offs around 17 ft and uh finished it's supposed to be 23 feet 9 in but I was asking for 25 just in case there's any air that way I don't have to go through this again. Um, and I'm basically just wanting to do use it for dry storage. I have multiple vehicles. I've also been blessed with uh four children. So that's going to mean four more vehicles and I just try to take care of my stuff and make sure that they're uh being able to be kept in a garage. Um, I plan on using it to just teach my sons about automotives and things like that. The height would be because we plan on one day purchasing a camper and doing family camping trips. And again, I kind of like to have everything put up so it stays nice and that's about it.

Okay. So, I have some um questions. Okay. Um, do you intend to use um this extra building for any business or is it solely going to be for personal use? Solely for personal use.

Okay. And then I see um we have an aerial map of the current um part your property as it is now. Um, and I see that there's multiple barns and sheds. And at this point in time, you are already um have some variances out there um for some of these extra buildings. I guess one of my questions is um is there any way that you can um do what you're wanting to do in any of these um current buildings and not needing um to have an additional out building on your property?

Um none that really make a whole lot of sense. The one out building's pretty far away. So, if you're working on something, especially with young children, uh it doesn't make a whole lot of sense to walk back and forth. Uh and the other is they're being used with other things. I have tractors and lawnmowers and other uses that I'm using those buildings for currently. because I'm I'm just kind of there's been some um Let me ask you a question. Have you personally had conversations with any of your neighbors after you have or before or after you have filed this application?

No, ma'am. Okay. because I'm just reading because we have been in receipt of of some of those and I was just going through those and seeing if there was any topics or anything that they had addressed that I was um I guess seeking to um address that with you. I guess one of the concerns that um has come about with regard to the um pole barn um about um like runoff from rain and stuff is um do you think that that's going to

um be an issue? And if so, is there something on your property that would um kind of absorb the or address the extra runoff that you're going to have with the large roof and and those things on with regard to this pool bar? I don't have any concern of runoff whatsoever. Uh it would be going towards a a great area of land where I own several more acres. So, I don't see it affecting anybody. And if there ever was, I could uh bury a down spout right there. Um, but I I don't see any issues. I've never noticed any areas of flooding or standing water in that general location as is.

I got a question. Go ahead. is this is pretty far out, but it I see everyone that's made oppositional concerns recognize it as a residential area. Correct. Thus needing the variance to build. I'm concerned that you have so many people in o o o o o o o o o o o o o o o o o o o o opp opposition it seems like some clarification or communication may resolve some of it. Okay, possibly.

I mean they're most of them are here so we can hear what they have to say. What's that again? I said most of them are over here so we can see what they have to say and if their issues are present I I mean I'm not sure how it will be but I'm open to listen. Sure. Before you sit down sir I'm going to make sure that no one else has any Yes ma'am. um additional questions with regard to that. So, with regard to like the building materials, is it going to kind of look similar to um the other buildings in in your house kind of fit in with the aesthetics?

It'll look similar to the other buildings. Uh it'll be uh there's actually was a picture that was handed out. Uh and it'll look like that and then the one that's it's connecting to will get painted that same exact color. So yeah, that's kind of the theme that we've been updating slowly. But for lack of a better word, is there other comps in the area or comparable structures within reasonable distance from you, maybe half mile, mile down in either direction? or is this going to be one of the first one that goes as high as what you're trying to get accomplished?

I could not answer that question for you, sir. Any other um board member have any questions at this time? I'll have you have a seat and then you'll have an opportunity to come back um later to address any of the concerns if there are any voice. Sir, thank you. Okay. Thank you.

Anybody else wishing to speak in favor of BZA 56-25? Seeing none, anybody um Okay. And Okay. And then um again before I ask for anybody opposing um want to remind the board that there is currently um other actions that have taken place with regard to this particular property and structures um that have taken place. Um so this would be um the third requested um approval for um a an accessory building. Um so just um again as a reminder

and and the previous variances were through a the previous owner. So just to clarify that this is not was the result.

Um Fred can kind of elaborate on this, but the previous the previous cases um BCA 32-16 was approved. Um this was July 28th of 2016. It was a five yes, zero no. And that allowed an accessory structure to be 22 feet 8 in in height rather than the 17 for a variance of 5'8 in and to allow the square footage of the accessory structures to exceed that of the dwelling. Um BZA 39-19 was approved on December 19th in 2019. So, three years later, five yeses, one no to allow the existing 40x60 pole barn to be located in a residence zone without a dwelling. Um, now the intent of the previous owner was to separate the um barn from the house and that did not he did not end up following through with that. So, basically this second variance here was never implemented. Um, Fred, would you like to add anything to that as far as the previous variances?

No, Miss Swameron, you covered them very well. Thank you.

Okay. Okay. So, anybody wishing to speak in opposition to BZA 56-25? Yes. Good evening. My name is Chris Ditchman and I live at 9441 West County Road, 400 North and I am here to speak in opposition of the variance. The property owner does not demonstrate any unique hardship or physical limitation that would prevent compliance with the existing zone rules. The stated reason for constructing an additional structure is to provide enclosed parking for his elementary age children. However, based on my personal knowledge of this property, this is not needed and there is available space. I have previously been inside the outbuildings when the former owner would showcase his extensive antique car collection. At that time, there were six parked cars, one RV, and a Gaston fire truck in one structure. In another structure was an additional eight cars parked. Combine that with the twocar attached garage, the property contains approximately 20 parking spaces. With the owner, his wife, and his fuller children all parking vehicles, that leaves over 14 additional parking spaces left. given the abundance of existing clos structures already on the property based on my personal preference rather than necessity and therefore that does not meet the criteria for a zoning compliance variance. For these reasons, I respectfully ask the board to reject this variance. Thank you. Anybody else wishing to speak? [sighs]

Thank you. Patrick Meeks, live at 6300 North County Road, 600 West, Gaston. I'm here in opposition because the structure that is being requested to be built will provide a hardship against us financially because we have put money into our home after purchasing it to increase the value, make sure it looks nice for our neighbors. We recently built a garage ourselves. We spoke with all of our neighbors, made sure it was very clear of our intent. We went through the proper process and I came home and found a letter in my mailbox on us. I have no idea why he would need that much parking. I was told that I had to stay within the confines of our ordinances. So that was my opposition.

Thank you. [sighs] And I will just say um for the record um and to the audience um we have previously received various um emails in our packet prior to this meeting. Um so those have been things that the board um has had an opportunity to review prior to um our meeting this evening. Um, but there has also been some additional documentation that has been submitted um to the board this evening for us to take into into consideration also. And I'll have um Kylen address what that additional information is. So, we did distribute um one additional email that we received. Um we did receive this November 20th. Um, this was in opposition um from Corey Goen. And then we also just supplied you with a letter from the county building commissioner, Tom Fouch. Um, he has been out to the property, not necessarily in relation to this case, but just some background information that the county building commissioner has visited the property. Anybody else wishing to speak in opposition to this? Good evening. Tiffany Carrian, 6210 North County Road, 600 West, uh, Gaston 47342. This is my husband, Chris. Um we are requesting opposition to this uh variance request as well. We are the property that takes on a lot of watershed um from Mr. Collins property.

There is a patch of his property that has not seen a lawn mower in 5 years that we've lived there. Um based off of conversation with other neighbors, it's due to standing water. Um and we have a direct funnel through our front yard consistently from waterhed. So, one of our big concerns is with raising a property, raising the property even further and putting such a large structure, it's going to create even more runoff and drainage. And then to echo what our neighbors have already shared, there is considerable concern about property value um and other financial hardships that could come along with that, considering there's already three outbuildings existing on that current property.

Other than I mean, You can um give us your name and address there, sir. Sorry.

My name is Donald Carrian. I go by Chris. 6210 North County Road 600 West Gaston, Indiana 47342. Uh I also reside at the residence with my wife. Um ever since we've lived there, um we've got to know a lot of the neighbors. Um everybody seems to be kind. Um the limited interactions we've had with him haven't been pleasant. um and I think kind of pokes holes in why he hasn't asked and reached out to the neighbors um for this building. And then of course other instances with the yard we find as a financial hardship especially in R1 zone um that we are in even though it is rural it is residential. Um, we didn't kind of move out here for kind of all of this stuff, but this is kind of, you know, dealing with the the drainage I think is a big undertaking that uh we do experience and kind of dealing with that. Um, and just making sure all of this is done right. If it is the big thing is is that's really about it for us. It's just there's no beautifification, I guess, with another outbuilding. Thank you for hearing.

Thank you.

Anybody else else wishing to speak in opposition to this request? My name is Jessica Fulbright. Um I'm the spouse of Patrick Meeks. Um I know he has already come up. I know that I had submitted um an opposition, but I live at 6300 North County Road, 600 West. In my opposition, which I have not heard being brought up, in addition to what everyone else has already mentioned, I do have a concern um because there was an electric fence recently installed on this property. Um that in the future that there could be a variance requested for livestock use. I know nothing has been mentioned, but I do have a concern of that with the electric fence being installed um recently. And that's all that I that's all that I have to add. Thank you. Anybody else wishing to speak? Then I'll um have the applicant um if you could go back up to the podium and give us your name and address again. Andrea Collins, 6320 North County Road, 600 West in Gaston. Okay.

So, I guess um I wanted to follow up with you um on a couple of things that have um been addressed um by the opposition. Um, I guess one of the big concerns and and my concern is um, and I kind of touched upon it when I asked you um, at the beginning is um, you know, how much space is available currently um, in the various buildings that you have. Now, it's been reported that um there's approximately 20 parking spaces um that would be available in the various out buildings that are currently in existence. So, I'm trying to find out why you can't do what you're asking to do um without this additional building and without this building a maybe being as big as you're wanting it to be. Um, so maybe you can touch upon that a little bit more if you could please.

I mean, for my tractor, I just have a lot of attachments that are big. Uh, I do have four other vehicles that I keep at my dad's house cuz he has a bigger building that I'm would like to move back home. Um, again, yeah, you can get a lot of parking spots, but even four if you you're going to move 10 things to get one vehicle out, and it's kind of defeats the purpose of having it. Uh, I own six acres there and the building that I'm trying to get built is far enough away that it would have to go through several acres and I can't see all of that water just running off and not dissipating throughout the land. Um, I don't plan on having livestock out there.

So, how old are your children that you referred to? I have a 10-year-old, a six-year-old is getting ready to turn seven. I have a four-year-old and I have a three-year-old. So, you got a while yet before I do have a while before you any of these children will be having driver's licenses. So, I guess why are you now if your application is telling us that you're wanting a building because of your children having automobiles and wanting to teach them all of those things.

Well, it would also be for uh this this will have concrete in it. The pullb barn does not have concrete in it. So, uh, anything do you have that's really actually nice, it'll either be dulled and need to be buffed or it can create rust on it. Um, and so that would be the thing. And if I have the money and the funds to do it now, I would rather just go ahead and do it now. Um,

and I know that um this is also your opportunity to address any um any other concerns that they had also brought up. I'm not sure if you want to um to do that, but this would be an opportunity your opportunity to maybe address any of the other concerns that were brought up by um your m some of your neighbors who came up and spoke.

Um like I said, I don't see an issue with the water traveling that far of a distance. Uh I believe that there if there was, it would be from a different structure that would not be mine. I do have an overgrown area. It's wetlands. There's a bunch of trees growing in there. Um, I just never saw a need to bush hog it down. It was overgrown when I bought it and so it's actually drinking up the water. If I if I mow it down, I mean, I would imagine the water would just flow right through there even faster. Um, again, not playing on livestock. This is just for more extra storage. I have a lot of attachments. I have a lot of other vehicles. Um, I was just trying to keep my stuff nice.

Okay. Does any other um member have any questions of the applicant? Is there any particular reason why you want it to be 2640 26 um the square footage? I mean, is there a particular reason why you need a massive structure versus parking accessibility futuristically?

Uh, no. That was just a good size that worked out. And I mean, it allowed have four garage doors on the front. So, that was just that way they could park and I wouldn't have to move a bunch of other vehicles to get one vehicle out. You can put the non the ones that you're not using uh a lot on the back side like behind that and park your main drivers in the front. But other than that, no, it's just for accessibility instead of moving things 50 times to get one vehicle out. Any other questions of the board members?

Okay, you may have a seat then, sir. Thank you. So then the chair would entertain a motion with regard to BZA56-25. I make the motion that we approve BZA56-25 and the hardship stated there in. Do you want to um address anything with regard to um putting a condition that it would be for personal use only and and not for business? Yes. Okay. Yes. So that would just be part of your motion then correct?

Yes. Okay. Thank you. I'll I'll second. Okay. So, we have a motion in a second. Roll call, please. Miss Knap, no. Mr. Billington. Yes. Mr. Ivy. Um, Epstein. Miss Matthew.

No. Okay. So, we have one yes, two nos, one abstain. So, that is not official action of a decision on BZA 56-25. Um, automatically this case would be continued to our next BZA meeting and be heard again. Um, that meeting is December 18th, 6:00 p.m. in this room. Um, there will be no further notice to you um about that meeting. This is serves as your notice. Again, if your case is concluded, you're free to leave the meeting if you would like. Guess we'll move on to other business then. [laughter]

So we had talked about res reviewing the rules of procedure. So doing a consideration of the updated rules and procedure for the board of zoning appeals. So you all had received those. Um you had received some edits that Mr. Murphy had done. Um our office has some comments. I however we want to handle this is fine. Um, I can go through the comments I have there. That's kind of a lot, but I can go through the comments I have if you guys would like me to. Um, I did receive um feedback from Mr. Ivy um that he was okay with the um uh one that was provided to us, the updated one from Mr. Murphy. Um I don't know if anyone else has any other suggestions, comments. We can talk about those as well. suggestions. I think would be good. I'm not sure if we want to um take any action on it this evening or um table it until next meeting, I guess. Does everybody want to maybe have an opportunity to address the comments that are um going to be made by the um by the office? may also want to email or

notify the others as to what the um comments have been made. Yeah, since we don't have a full board here, um we could prepare a summary of the comments that we have and send to all board members, um that might be a better way to go about this so that we're everybody's getting that information. Okay, that sounds good. If if the board agrees to that. Yeah, that would be fine. Okay, we went through page by page today, so we'll send it all to you. You like the teacher with the red ink? You want those? Yep.

You can. Yes. And then I [laughter] guess I guess if any of the members have um anything, maybe you can reply all to that email that we received. Okay. Um, and if anybody wants to comment. Um, but again, we can address that at the next meeting. Yep. And then everyone's comments can be reviewed by everyone. So, good. And then we're moving on lastly to the report from our director.

Okay. So, I gave you a copy of our numbers here. Um, these numbers are through the end of October. our building commissioner um section. We have permit applications filed through the end of October. We have had 250 building, 216 electrical, 77 HVAC, 71 plumbing, 57 certificates of occupancy, 41 demo permits for a total of 712 permits. Total fees collected are at $133,77859. The commercial developments noted um to date are the Foundry Row Apartments and the Dollar General on State Road 67. inspections completed by our building commissioner. 524 building, 354 electrical, 186 plumbing, 143 HVAC, 157 complaints investigated for a total of 1,364 um inspections as no side, which is the transportation. The no annual conference was held in October. We um were only able to send one staff member to that. Liz Wilcox from our office was able to attend that um conference that was held in terote teroot this year. Um just a note there are 14 NPOs in Indiana and the annual NO conference um circles around to all of them. Next year is our year. Um, however, the good news is that since we are smaller than a lot of the other ones, um, we do not have the staff capacity that a lot of the other ones have and we are combined with our planning department and our building commissioner. We are able to co-host with Anderson and Cooko. So, we

will be helping co-host the 2026 MO conference with Anderson and Cooko, but it will physically be held in Cookamo. So, more to come on that next year. Um, land use and development planning, the annual APA conference was also held in October. Um, we had three staff members that were able to go to that. Um, Fred and, um, Kayla were able to go along with Denell in our office. So, it seemed to be a very um conf it seemed to be a conference they really enjoyed this year. Would you guys like to share anything about the conference with the with the board members that you truly enjoyed or um I would say like the thing that I liked the most is learning about how public spaces and parks spur economic growth. Um, it was really interesting about how it can affect people's quality of life and also like promoting local businesses around them.

I would agree with Kayla's comments. And then I would also add another session that I particularly found enlightening was um titled something like streets are economic development opportunities, not just a way to get a person from place one to place two. Every mile along the way presents opportunities. And as planners, um it behooves us to think about that. Yeah. So, that one was held in South Bend this year. So, um also wanted to report that the pond ordinance, Delaware County pond ordinance has been approved, um by the commissioners at their November 3rd meeting. So, I did attach a final version of that. Um complete comprehensive zoning ordinance revision is underway. Now, we have hit our deadline of our RFP proposals to be turned in. We are currently reviewing all of the proposals that were submitted and will hopefully in the next couple of weeks then select a consulting firm. So, this will be a complete revision of the Delaware County comprehensive zoning ordinance and the city of Muny comprehensive zoning ordinance. So, it will be about a 12 to 18month period um and lots of stakeholder involvement and public involvement as well. Um we also our office did get to host a training. Um it was a survey training. Um our plaque committee and subdivision committees do a lot of um things with um you know deleting and combining parcels of land um looking at professional surveys and that type of thing. So we did host a survey training that was presented by Ashton Land surveyors. Um the let's see we had the recorders office was able to attend. Several people from the recorder's office, several people from the auditor's office

were able to attend along with our staff people. Um, so that was a really great opportunity for us. We've got our numbers here of our meetings for our land use and development committees. Um so through the end of October we are sitting at 54 BZA cases uh 28 plan commission cases 15 plat committee cases one village review committee case for a total of 98 cases heard. additional information and items. The 2025 the remaining meeting schedule for this board. Our December meeting is scheduled to be held on December 18th, 2025. I think we already have had I two I think we know of two board members that are unable to be present at that. So, just let us know as soon as possible if you know your availability. Um, I believe we know Miss Matthew won't be available and Mr. Ivy won't be available for that one. So,

say that one more time that you were not going to be available for the December 18th meeting. So, we got you down for that one. So, I want to do 8 a.m. [laughter]

Hey, we'll be here. Um, [clears throat] so just let us know on that. We do have the 2026 schedule prepared. Um we will pass that along for everyone to have. Normally we just kind of look at this. The board will approve the schedule for the next year. Um initially once again the November and December months are a little different than the the normal routine to allow for the holidays. go back. [laughter]

We kind of just I think have done a voice vote in the past for that if that sufficient. Right. You need us to make a motion to um approve the um 2026 schedule as um presented there. Is that what you're asking for? Sure. So, I guess I'm seeking a motion for that. So, move. a second.

So, I guess we'll just do a VO voice thing voice um vote as opposed to individual roll call things. So, I'll let you. All those in favor of approving the 2026 um meeting schedule, please say I. I.

Anyone opposed? Okay. Thank you. All right, what else we got here? Couple of announcements of activities coming up. Cardinal Greenway is having their turkey trot. It is on Thanksgiving morning, uh, November 27th, next week. One week, one week is Thanksgiving, everyone. Um, registration, you can register online or registration begins at 7:30 that morning and a walk run starts at 8:00 a.m. Um, that is at the Carnival Greenway Depot here in Muny located at 700 East. Um, pets are welcome on leashes. There will be um, refreshments there and everyone is encouraged to dress up in their holiday attire if they would like to. Let's see. The ECIRPD is doing a closed donation currently. They are accepting donations through the winter months. Um, their drop off location is the Innovation Connector at 1208 West White River Boulevard from 1 to 4:00 p.m. Or you could um give those items to our office and we will make sure they get there. This is any clothing that you would like to donate. Um, and this will directly impact local vet veterans and be given to local veterans um in need. The county building is hosting a Second Harvest Food Bank box in our lobby. Um, donations are accepted in that box. Uh, food donations. There's also flyers around the building in the um, elevators that you can also donate uh, monetary donations to Second Harvest Food Bank. They did speak at the commissioners meeting, I believe, maybe a county council and a city council meeting they spoke at as well. um they are in dire need of some donations currently at this

time, especially with federal um benefits being cut to some of those um in the community. Um and they did they did provide some statistics and I found this very interesting. $5 can provide up to 20 meals. So they said monetary donations do help quite a bit. So, um, the website's listed there as well, and I hope everyone enjoys the holidays with their family. Um, and thank you for coming this evening, and I obviously am always open to answer any questions or take any comment.

We will then adjourn the meeting for this evening. Thank you. [laughter] Richard said emotions. My wife said, "Quit doing that. Look like Ben Franklin.