Board of Zoning Appeals - Regular Meeting

Get my glasses on here so I can read this message. Public seek public speaking. Before I open the meeting, I want to remind everyone that if you would like to speak on behalf of this petition, you must sign the petition form on the podium. If there are multiple people that would like to speak, each person will be limited to three minutes. Please remember to keep your comments respectful and brief. If a concern has been brought up before, please refrain from discussing the same thing. Roll call from the secretary. Mike Nichols here. Scott Highlander here. Sam Payne here. Charles Bates here. Isaac Chavez. Okay. Approval of minutes. We're going to have to uh table the minutes for May 14th and June the 11th because Isaac's not here and not all not all what's here was at that meeting. That's what Gracie gave me that information before we come in. Members of the board, has anyone had contact with other board members or petitioners with intent to discuss the happening of tonight's meeting? Nope. Okay. New business for docket 2025-8 and 259. Petitioner is Jennifer Prut with Jeans Friendly Dair Daycare Incorporation requesting a special exception to allow two inhome daycarees on a B residential district under a child care class 2.

Don present the staff report. Thank you Sam and members of the board of BZA. Um the site characteristics is track B a part of the southwest quarter section 10 T2 T21 north range 1 W 2nd PM Center Township Clinton County Indiana more particularly described as follows from the intersection of the approximate center line of Fifth Street with the approximate center line of Freeman Street proceed then north assume bearings a distance of 365.75 ft feet along said Fifth Street center line. Then south 88° 37t 30 in east a distance of 150 ft to the point of beginning marked by an iron pin. Thus one continued on said line a distance of 188.95 ft to the southwesterly rideway of the Louisville and Nashville Railroad marked by an iron pin. two northwesterly along said right away along a curve whose cord bears north 31° 56 ft 54 in west with a distance of 138.79 ft to an iron pin. Then three north 88° 37 ft 30 in west a distance of 115.49 ft to an iron pin. four south distance of 116 ft to a point of beginning containing 41 acres more or less commonly known as 75 or commonly known as 979 South Fifth Street also 1001 South Fifth Street. Um that will be a part of the southwest quarter of section uh 10 township 21 north range one west

of the second principal meridian in Clinton County, Indiana. more precisely as follows. Beginning at a point in the middle of Fifth Street in the city of Frankfurt, Indiana, 209 1/2 ft east, 365.75 ft north of a southwest corner, the east half of southwest corner of said section 10, and running then east 150 ft, then south 66 feet to a place of beginning, more commonly known as 101 South Fifth Street in Frankfurt. The request is Jennifer Puit who is here in case you have any questions. Uh she requests approval of a special exception for a class 2 daycare center in the unified development ordinance. the references, definitions of a class uh daycare or child care center, class two daycare center, which may be within the operator's own residence or within a separate structure which provides care for up to 10 children excluding the operator's relatives for more than four hours a day but less than 24 continuous hours. This definition also includes a care of up to five additional children other than the operator's relatives total 15 who are not at the center for more than four hours a day. Land use and tables are appendix A on page M12. A daycare or child care center class 2 special exception in a B residential district requires a special exception. 509 daycare centers. All daycare centers class 1, 2, and three shall meet the following standards except were noted. At 501.01, there shall be no modification of the residential character of any structure in a residential district. 5092 states that state licensing shall be obtained and applicable. 5093 states that all applicable state

building codes and county health department regulations shall be met. 90404 for a class 2 and class 3 daycare center. Outdoor play areas which are adjacent to the residents in residential districts shall be fenced with a solid fence or plantings of at least 6 ft in height. And 50907 states that only one building mounted sign per is permitted not exceeding two square feet if any residential district. All other districts must follow UDO section 521. A special exception may be approved under this section if after a public hearing the board makes findings of facts in writing that one the establishment, maintenance, and operation of the special exception will not be detrimental or endanger the public health, safety, morals, or general welfare. Placing a class 2 daycare facility in a B residential district will not cause challenges to the neighborhood as there is a long entryway that can be used for pickup and delivery of children. Also, the UDO requires that there'll be no modifications of the residential character of any structure in a residential district. So, both buildings having new sighting and windows has cleaned up the residential area. B. The establishment, maintenance, or operation of the special exception will not be detrimental or endangered to the public health, safety, morals, or general welfare. The special exception will not be injurious to the use and enjoyment of the other property in the immediate facility for the purpose already permitted, nor substantially diminish any impaired property value within the neighborhood. A the daycare center is not open 24 hours a day and per the state license does not allow them to have more than 12

children and the play area they it is fenced in. Um I have written down in yours that the operators at the daycare center were living at the home. They do not live there. Neither home has any daycare signage on the outside of the homes, and I don't believe that this special exception will be substantially diminished or impair the property values within the neighborhood. Three, the establishment of the special exception will not impede the normal orly development and improvement of the surrounding properties for uses permitted in the district. A because the operators who they don't live there, the children do not stay past working hours. It should not impede the normal and orderly development and improvements of the surrounding property. Four, adequate utilities, access, roads, drainage, and other necess necessary facilities have been or are being provided. All necessary utilities um are provided. It has a long driveway for deliveries and pickup of children and there's no drainage issue. All requirements from the UDO have been met. Adequate measures have been as number five or will be taken to provide ingress and egress so designated as to minimize traffic congestion in the public streets. Across the street is the Pilgrim Holiness Campground. If the parents use the streets to deliver their children and do not use the driveway, it should not cause traffic congestions as only 12 children stay at each home. The back home will use the driveway to deliver their children. The special exception in number six will be located in a district where the use is permitted and all other requirements set forth in table A1 at the end of this chapter applicable to the special exception will be met. The daycare facility has off- streetet parking for the owners who work at the homes. The driveway is approximately 90 ft long

with 10 ft wide. One per child, one per 10 children on the minimum shift, plus one per employee on the maximum shift for parking. Daycare facility can only have 12 children, which would require a total of four parking spaces, which the driveway should be able to handle. The recommendation and opinion of the staff of the special exception should be approved subject to the findings of the facts in this staff report. As noted, Jennifer is here for questions and we are open to any questions. Uh, hi. Are you Jennifer? Uh, the only question I had um was the provisional licensing in here is for is for a class one. I just don't know the process. Do you already have the provisional for class? Stay in your city or different classes. Um, I own 10 daycarees. um eight being in Lafayette, two being here. Um a class two is if you can have you have to have a engineer come in and they have to have like one inch steps above to get the kids in with wheelchairs, things like that. That house is a class one. Um it's just and then class two you can do um 16 kids instead of 12. So it's not anything I think that on that on the license that's for the state and he's talking about a different license for the city. Yeah. The the UDO is is the one that requests that they have the UDO doesn't reference the state's classes on childare. It did not not on not in this case. It does not. Um it just requires that they have a license from the state of Indiana. Why wouldn't they have to follow the same same guidelines as the state does? Well, I mean, every city has its own development, our own ordinances that it

follows. In this case, in this case, our ordinance states that for a class 2 daycare center, which we classify as a class 2 daycare center, um all the requirements have been met, up to 10 children, no more than four hours, but less than 24. um and uh five additional children that only stay for a short period of time because they go on to school. So she she meets all the requirements for a class two what we consider a class 2 daycare center in our ordinance. So I guess maybe my comment wouldn't be have anything to do with her what our UDO should mimic the state's levels. It would just make more sense that way. Well, I mean but but what it does is it says that she has to be required a state license. So if the state license requires her to have a class one structure, then she meets that requirement. So one is the lowest at the state level. There's one, two, then three. So I don't know that. Is that what it is? Yeah. So one is just very basic. Two requires things like safety plans with parents or safety communication plans with parents, all the different egresses and ingresses and all of that. So that's that's where I was asking if if and and our our classifications are based on the number of children that attend the daycare center. So like if it's five or less then it's a class one. If it's if it's um uh 10 or or more then it's a class two. And then a class three is that if it actually is more than what a class one or class two has. So yeah youres go by children's numbers. The state goes by structure of the home pretty much. Okay. Does I have to have like um two exits not um going through a kitchen for class two. That is a resial house. So, it has an exit through the kitchen and through the front door, but if I were to add an um an extra exit through the back of the home, it could be a class, too. I just I only have four kids. Does it meet the ADA standards, Don?

It does. So, they've got the right egress and degress ramps and whatever it needs. Okay. Any more questions? I mean, I think child care is a big need in the community. Obviously, I think it's a great thing. If there's no other questions, I would call for a motion to either approve or decline. I make a motion that we approve the special exception based on the finding effects. I got a motion. Do I have a second? Second. Got a second. All in favor? I call. Scott Highlander. I Sam Payne. Hi. Charles Bates. Hi. Mike Nichols. Nay. Passes 3 to one. It passes 3 to one. Okay. Then we go on to um Mr. President, will you please ask if all the notices have been sent? Have all the notices been sent out? Yes, it was published at the Frankfurt Times May 28th, 2025th and everybody within the 100 ft received the notice on May 22nd, 2025th. So that was approved. And before we start the second one, I'm going to ask you the same thing now so I don't forget as the notice has been sent out for our next docket for docket

which would be according to zero 009. Yes. Yes. Same thing. Same thing. Yes. We need a motion to approve 009. I make a motion we approve docket 009 for the special exemption based on the fighting effects presented. I'll second Scott Highlander. I s Payne. Hi. Charles Bates. I Mike Nichols. Nay. Still passes 3 to one. Still passes 3 to one. So I think that would be all on that one. I'll turn it over to Mr. Stalk. Thank you, Mr. President. We're doing docket 2025-010 um for Ronald J. Ronald Jr. Indiana and Deanna Gant at 803 East Boone Street. The petitioners are requesting a variance of the developmental standards to construct a fence taller than the allowed height of 42 in inside the required 25 ft setback of any street rideway in any residential district or general business district nor within 75 ft of any street rideway in the roadside business district. The zoning of this property is B residential. The request is lot number one in Edgewood addition to the city of Frankfurt. Same the as the same is recorded in plat 2 new page 75. The need for the variance arises as no fence or wall of more than 6 ft in height may be placed or built or installed in the side or rear setbacks

of any lots. No fence or wall of more than 42 in shall be placed, built, or installed within 25 ft of any street rideway in the residential district. The ordinance reference is 155.013 fences. Fences are permitted as an accessory structure in any district and required an improvement location permit. The height of all fences will be measured from the ground level and must meet the following standards F in the ordinance. In residential or business districts, no fence or wall of more than six feet in height may be placed, built, or installed in the side or rear yards of any lots. No fence or wall of more than 42 in may be placed, built, or installed within 25 ft of any street rideway in the residential districts or LB district, nor within 75 ft of any street rideway in the roadside business district. All fences and walls must be in compliance with the visual clearance area requirement of this chapter. A variance may be approved under this section if after a public hearing the board makes findings of facts and writing that one the approval will not be injurious to the public health, safety, morals or general welfare of the community. This fence will be placed to privatize the backyard. Ron Indiana live on a corner lot and by ordinance they have a setback that would make it hard to fence a major part of their backyard on the South Van Beern street side. They have a 48 in wire fence up now. It will not cause any visual clearance issues and for the reason it will not be injurious to the community's public health, safety or moral or general welfare. to the use and value of the area adjacent to the property including the variance will not be affected in a substantially advanced manner advanced adverse manner. The surrounding areas are zone B residential. The Gance would like to fence in their backyard for privacy. Since fences are allowed on all

the districts so long as they're installed properly and in compliance with the ordinance, it should not be adversely affect the adjacent properties. Three, the strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. By ordinance, no fence over 42 in in height may be built or installed within 75 ft of the rideway for a residential district. If the ordinance is strictly applied, the Gance cannot adequately enclose most of their lot. Strict application of the zoning ordinance will result in practical difficulties in the use of the property since the traditional six-foot fence would not be able to be placed on a corner lot of the Gance backyard. It is recommended that the staff it is recommended the opinion of the staff that the variance of the developmental standard should be approved subject to findings of facts of staff report. So here's what's going on. They live in a corner lot and by the UDO corner lot both the side both the sideyard and the front yard are considered front yards. So you you have to have a 25 ft setback off of off of the front yard which from the street which is also Van Beern, right? Van Beern and Boone Street. And so to do that, that means their fence would have to be placed about in the middle of their backyard instead of I believe it's going in even with the back of their house down to a garage and around the corner. It doesn't affect anything and it would be what a normal fence would be placed um if they weren't living on a corner lot. But because of Van Burren Street, the 25 ft makes it move even further east than than what it is because of what the 25 ft ride away from Van Beern is. So, we're going to we're actually going to try to adjust ourselves here a little bit and from this point on because it seems to be kind of crazy that when a house faces

like Boone Street in this case that the Van Beern property should not be be required to have that 25 foot setback on the property because it's on a corner lot. Um, what we're looking to do is that in in the Gance example is that their fence is going to be on the corner edge of their house. It's closer to Van Beern Street than it is Boone Street on the side. Um, as long as it's fencing in the backyard of their property, we're going to be okay with it. Now, if the if the property is fence line is going to be like within 3T of the sidewalk, then yeah, we're going to come to you and say, "Hey, we need your opinion on this." But we we just believe that for the folks who live on a corner lot, they should be able to fence in their backyard as long as they're not intruding upon the sidewalk or or so it's going to be within 25 ft. I I just don't see why we can't do that. So, but by the UDO, that's why I'm bringing it to you. I just wanted to say that in their behalf. I have a question for you. Yes, sir. How many addresses do they Yeah, they they just have one. And and you know what, Sam? I'll be honest with you. We had this discussion the last time. And since that discussion, I thought all the way through this thing. And and I agree with you. That's what makes me think that if their address is Boone Street, then Van Beern should not play a part of the 25 foot setback. I know the reason why it's there. If the house gets rolled out and they have to replace it and they want to change the house to face manure, they can do that because it's also a front yard, but it probably should not affect fences and and so we've had that discussion this week and we've decided that we're going to kind of train try to change our thoughts here on some of this. I I was just curious because with two streets and you got a mailing address on Boone, Van Duran should not be affected as a

frontage for a house. I I I totally agree with you now. I I totally agree with you now because we're bringing a lot to you that probably shouldn't be brought to you, but um you know, it's this case. This will probably be our last one they're going to be doing. Unless they're they're moving in within four or five feet of the rideway, then we're probably going to come to you get permission because I really don't like a fence real close to the sidewalk for safety reasons for people walking on the sidewalk. I agree with that. But according to the picture that they've taken here, I don't see where if they're going to follow. Are you going to follow the same fence line that you got right now and then take that fence out and replace it with So, I had a question. I'm going to try to look it up while I'm talking. Are any of the houses on Van Beern Street oriented to Van Beern, or are they all Boone? That's a great question. I don't know. I don't think that there's any homes that face Van Beerren. Is it? I believe it's just a garage entrance. Yes, sir. To your south. Yes, sir. That's what I've seen anyway. I I mean I'm I live right over there, so I believe I know that that's true. I just wanted to check. You weren't the ones setting off fireworks last night, were you? No, but I know exactly who it was. You want to have that conversation online? Yeah. My god. Scared the Jesus out of me looking at this picture. Well, no. That there is the house the house right at the corner of Armstrong. They do face van. Mike, did you have a question? I was looking at this I was just looking at this picture of this Google. No, it doesn't. It faces Armstrong. I know exactly who it is now. Yeah. Facing Van the Van Beern side. The house across Van Beern has a has a fence. Yeah. Is that basically how high is that fence? Eight. Six. Six foot. Should be six foot. Six foot. Yeah. We have There's at least she says two. I think that our neighbors all have

six fences all around us. Yeah. and their corner. I mean, if there were a bunch of houses that face Van Beern right there and then we were trying to I could see the argument for that's frontage for these other houses, but all of these houses were built facing the what I would call the appropriate streets. So, so how high a fence do they want to build? Six foot. I thought it was 8 foot. Okay, great. So, that one there is six foot, but but they're within 25 ft of Van Beern. Yeah, I was just looking at the house across the house across from Van Beard and asking how high that fence was. That that's a sixoot fence. So, um and then y'all will ensure that the corner Yeah, we measured that. They're they're they're plenty of shave. They're they're more than 15 ft away. That's what I was going to ask. Do you think turning corners? Any other questions? I don't have any issues with Mike. You have any other questions? Scott, if there's no other questions, have you done the uh notices? Yes, it was published at the Frankfurt Times June 30th, 2025th, and the letters were mailed on June 25th, 2025th. And there's no other comments from the public. I would ask for a motion to approve this fence document. 2025. I'll make I'll make the motion that we approve the docket 2025-10. [Music] I have a second. Second. Scott Highlander. Hi. S Payne. Hi. Mike Nichols. Hi. Charles Bates. Hi. Okay.

Hearing that, we're ready to go to docket 2025-010. Again, thank you, Mr. President. Members of the BCA, the applicants are Javier Santos and Maria Alanise. They're in the back. So, if we have questions, um you can uh ask those questions. The address is uh 2006 West Green Street in Frankfurt, Indiana. The variance of developmental standards is petitioner is requesting approval of a variance of developmental standards to allow an 8-foot privacy fence instead of a maximum 6-ft fence in a B- residential district. The zoning for this property is B residential. The site characteristics is the request is 172 feet in uniform width off of the entire south end of lots 21 and 22 in the meadows. In addition to the city of Frankfurt, Indiana, as the same is recorded in plot record 2, old page 82, commonly known as 20206 West Green Street in Frankfurt, Indiana. The owner would like to place an 8-oot fence on his property as they are trying to provide additional privacy to their backyard. In 503.13 fences, fences are permitted as accessory structures in any district and require an improvement location permit. The height of all fences will be measured from ground level and must meet the following standards. A partition or f or line fences where necessary shall be built and maintained between adjacent properties in accordance with IC code 32109 F. In residential or business districts, no fence or wall of more than 6 feet in height may be placed, built, or installed in the side rear yards of any lot. No fence or wall of more than 42 in may be placed, built, or installed

within 25 ft of any street rideway in a in any residential district or LB districts, nor within 75 ft of any street rideway in the roadside business districts. All fences and walls must be in compliance with the visual clearance area requirements of this chapter. A variance may be approved under this section if after a public hearing the board make findings of facts in writing that one. The approval will not be injurious to the public health, safety, morals, and general welfare of the community. The owners, Javier, Santos, Cruz, and Maria Alanise have a protection court order against their neighbor to the east. An 8-oot fence will give more privacy so their children can play without being disturbed. This will be this will not be injurious to the public health, safety or morals in the general welfare of the community. Two, the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. Placing an 8-oot fence on the east and north ends of their property should not adversely affect this location. Three, the strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. The parents believe that placing an 8-ft fence on the east and north ends of their property will allow their children to play in the yard without the neighbor disturbing them. By the strict applications, the parents would not have the privacy they believe they need to keep their children safe. The recommendation is that the variance of development standards should be adopted subject to the findings of facts in the staff report. Um I know there is one person here who wishes to speak in uh against this this um request but we are ready for questions. Ready for question? Yeah. Okay. We'll start out with the protective order. Okay.

My name is Andrew Matthews. I live at 2002 and a half West Green. My property borders where they're wanting the fence. It'll be on the back side of my property. That protection order they're talking about was issued like four years ago. It's null and it's it's over. It was from like four years ago. Lasted two years. It's gone. It's not even in effect. It's not even worth the price the you know price of the piece of paper it's on. So there's something to think about there. They're wanting to put an 8ft fence that'll just destroy my property value. I built my house in 2010, brand new, built it myself, put a lot of money in it, sitting on my picnic table, I do not want to look at an 8ft wall in front of me. And who would, you know, sitting on your patio or anywhere? Who would like to look at an 8ft wall uh where they're wanting to put it, you know, 3 ft off my property line, which we have a property line dispute anyways. That's what started this four years ago. The conditions of my protection order was kind of funny is Justin Hunter, Judge Hunter, he told me I just had to keep my mouth shut and not calling no names for two years and stay off their property. So, you know, it was a, as you can see, you know, it wasn't no violent protection order or nothing like that. So, for some reason, they didn't want it then when the protection order was filed or anything. They didn't want it then. For some reason, now they want to put an 8ft fence on the back of my property blocking my view and everything with an 8ft wall. I don't call it a fence. I

call it a wall when you go 8t. And I don't see where they have any legality at all to be able to put and request an 8ft fence over saying that they're wanting their privacy. I've already went to the extreme and they're ordered, they're on back order of two security cameras, one for my front, one for my back. And they're a wireless high resolution 360 view 150 foot out. And I'm going to put one in my backyard on a 15t pole and one in my front yard or off the peak of my house out, you know, like four feet. So I can see everything out front. I can see everything in the back. That way it protects my butt. Everything will be recorded 24/7. It's illegal to do that. I do not need a permit for permission. But for them to come up and want to put an 8ft wall and wall off my my backyard is ridiculous to me. There's not been anything since that protection order was. And like I said, it's over and none void now. It's long gone. And for them to come come to you guys now with an extreme need for an 8ft fence, it makes no sense to me. This caught me by surprise. Caught me out of the blue. I don't like fences at all. I have chain length because I like being able to see out. But if they put an eight foot wall there sitting at my picnic table, I'll be

looking at an eightft wall sitting on my patio, which I have a nice patio, nice brick fire pit to barbecue grill and everything that I had built. I'll be looking at a wall, an 8ft wall. What? It'll destroy my property value. Who else is going to want that? Sir, I think your three minutes are up. Okay. Well, we've heard we've heard your exactly. So, I mean, I just don't know where they're coming from with this. It's just it's out of the blue right now. We appreciate that. Thank you. Do you guys have any comments? Sorry. Petitioner have any comments? So, yeah. So, yes, we had the protective order back in maybe two, three years ago. We put it up because we got uh we couldn't take any more stuff that he's been saying. So, that's why we had to take him and then the judge also told us to avoid any of this issues. We should just do a privacy fence. So, we don't have any issues. So, we just waited because we had the protective order and now it's back on him. He's we're out there in the yard. I have a trampoline in my backyard with my girls. He's out there. He's re sometimes he gets his phone. He's recording us. I just call the cops like uh three like couple month couple weeks ago and he also suggested just do something about it or just take him back to court for this. And I don't feel safe leaving my kids out there because he's out there uh recording and he also is insulting and just saying stuff that shouldn't be. My kids don't even know what he's talking about. He said he collides on us. Okay. You know, I don't talk back to him or anything

because uh that's not like I don't want to have any issues with him. That's the only reason we're doing the fans so we can avoid any issues any and we don't have we don't want to take them to court anymore and we're just don't want to have always all the time just having the court order renew every every year. So or every two years depends what the judge says. So that's the only reason we want to do it so we can avoid any of their issues especially for my kids safety. Also, every time my husband goes in Mosa yard, he's out there standing standing for him. So, we already had uh Moses um do the survey and uh so he already know where the lines and everything are. So, uh and that's why he moves. So, we just do we just basically for us to stay out of truck. That's the only reason we're doing it. If he would to just stay like on his own thing, we're on our house, not causing any trouble. We don't we don't have to go through this. It's causing us money and you know, so it's like it's not something that we want to do. He for us has to force us to do it. Okay. So that's the only reason we're doing. All right. I appreciate No, this that was just comments from them. Well, I mean I want to respond to what she's saying taking pictures with my phone. on that's that's not something that we can deal with here. That's that's higher authority than we can deal with. I wanted to respond what they were having to say because Indiana's a single party record state. Don Don, do we the is the U is it would they even be required to be here if it wasn't if it was a sixoot fence? They would not. They could put a six foot fence up with no challenge at all.

Yeah. The only uh the only We're looking for an eight foot. Yeah. Because it's over the maximum of six foot tall. That's why they're coming here just to try to go two more feet up in the air. Yeah. Okay. Did you guys Did you Did y'all understand that in the process that you can put a six foot six foot fence up without any issue? Yes, we know. But the thing is that this house is a little bit high. So if we do a six feet, we still have we still have he has a six feet and we do the six feet his house. So we still be able to see the windows and everything. He will still be doing the same thing. So I don't think it will really matter how high. Okay. Thanks. I was curious about that. Okay. There any other comments? The public hearing will be closed. Yeah, I I don't I don't have any more. Well, I actually have a question for him. Okay. Um would you consider this portion your finding of facts? Um you're talking about under your your request analysis like this is considered the finding effect. It is correct. So in there you have that there's an active protection order. That's I do I I don't know much about it. I saw it in the packet as it I didn't look for any dates. I didn't I didn't do any of that. Okay. So So if if there wasn't an active protection order, would that need to be changed before we acknowledge it? Well, I I think that if if I would have paid more attention or understood more about them, I probably would have asked more questions myself because for me, you got to have a pretty good reason to put an 8ft fence up in a on a in a property. I mean, that's the first thing I noticed about the packet was that it was an expired protection order. Well, I years ago, I didn't Yeah, I didn't even I didn't

pay attention to it. I just saw it. Not before it expired August of 24. Yeah, August of 24. Two years ago. Yeah. So I I don't think you guys have any comments on each other. I have I have one com I don't believe an 8ft fence is going to solve the issue. Yeah. Six foot fence like I said like Don said and they can put a sixoot fence up there with no with no issues. So, um, yeah, I there's a reason we put a limit on fences. Otherwise, people would want a 12oot fence up because they don't want their second story windows of their neighborhood to be there. So, I you're trying not to make their homes look like forts is what you're you're trying to do. And I mean, there's there's one on where's that big one on Freeman Street. You know what I mean? I drive past that one all the time. And and that's the thing once if if if we don't enforce the six foot then we might as well just say change it to eight and go. Yeah. And and for all of your other concerns like there's this isn't the venue and I don't think an 8 foot fence is the avenue to address those if you have concerns. So do I have a motion? Anybody else have any thoughts? You have any thoughts? Mike, are there any other 8 foot fences on West Green Street that you're to your knowledge? I do not believe that there are. I drove down through there. I didn't see I want to Is there one off of Blind right by the creek? No, I think that's a six. The only other eight fence 8 foot fence that I know of is on Poke Avenue right there across from Milky Way. There is on blocks. Oh, cuz it's on blocks. There is an 8ft fence on Jackson Street

as well. Where's this? Oh, that's down on down by uh John Lar's place close to John. Yes, that Yes. Is that right up against the junkyard? Yeah, I think that's why that one's there. Is it right on the junkyard? It's right there. Or not the junkyard. the if if if it's if it's at the the body shop, they would be they'd be okay to have that. This is a residential though, Jackson. Yeah, I remember that. Yep. That was before my board. Is there any other questions? I will ask the board to make a I I'll make a motion we do not approve the variance uh based on that uh the approval would be injurious. Well, no, it's not right. I always have a hard time with this. I don't really I I think it can I just talk about it then we can figure out how the right way to say it. I I think it is like not consistent with the the with the ordinance as well as the the neighborhood. Um, and I think he has a valid point. Having an 8 foot fence on a property line would definitely decrease the value of your property. So, I I think that you probably could go to um would either two or three that um on two that it would effectively substantially adverse manner or you could do a three which is the strict application. So the strict application uh would result in practical difficulties and in all reality it it would not re because it's not allowed to be there anyway. So um but number two the use and value of the area adjacent property you could do that but you would feel that it would affect the the neighbors property and I'll I'll change that to read that. Okay.

So, I'll make a motion to not approve the variance based on what Don said. Based on number two, it would based on the value of the property. Yeah. It would adversely affect the adjacent property values. I got a motion. Do I have a second? I'll second. Scott Highlander. Uh, nay. Mike Nichols. Um, Nate Charles Bades I Sam Payne Hi. Okay. I think that a nay. Is that my motion died? Yeah. So I I think what happened was either you what you should do is he made a motion not to accept it. So, if you're in favor of that, you should vote I. If you're not in favor of that, then you would vote nay. So, I think Yeah, I'm not in favor. You're not in favor. So, you think it's okay to be 8 foot an 8 foot fence? And you do, too? No. Okay. So, then you need to change your vote. Okay. So, if you vote If you vote I, then you're voting not to allow an 8ft fence to be built. If if you vote nay, then you're okay with an 8ft fence being built. I Okay. So then passes 3-1. Not to allow the fence. The motion passes. Yeah, the motion passes. Not allowed. Do any other business come before the board today? We do not. Um, as I if I've said in the past, um, a lot of things coming in your direction. um in the future. Uh so Plan on Hey, I

do have one thing. Next month, our meeting is scheduled to be on Wednesday the 13th. I plan on being out of town that day. Are you all okay with meeting on Tuesday the 12th and not Wednesday the 13th? No, I won't be here. You won't be here, Scott. Will you have a Are you okay? The 12th. I that should be okay with me. Let me look real quick. Don, did you say next month's on the 12th? Yeah. I don't appear to have any conflicts. If it was not on a Tuesday, I'd be okay. Horseshoe push pitching. Yeah. I mean, we could we could host it at Dorners. We could we could have it before you start. We've got a we've got a uh state tournament coming. Well, it's a national. We're competing with other cities and towns in the nation. So, Tuesday night is the night that we have to go through our Well, we'll we'll also check with Isaac and if we can get if we can get enough here, we'll we'll go. If not, then we'll make contact with you email on a different date. Okay. 12th. Yeah. The Wednesday night would be open. I'm not going to be here. Where do you I really can't be here at 12 either. Okay. Well, we'll we'll try to put together a different date. Maybe we move it a week back and have it then and that will help actually grace to get everything out easier, too. So, we may just move it back a week. We'll let you know in an email. Okay. Please respond back. There's no other business tonight, but ask for an adjournment. Motion to adjourn. Make a motion we adjourn. I second. We got some papers to sign.

Let me turn off the recording. Okay. And they didn't need me.