Board of Zoning Appeals - Regular Meeting

All right, we'll go ahead and call the meeting to order this evening. The January 29th meeting of the Hancock County Board of Zoning Appeals. Like to advise everybody that the testimony is being recorded and is taken under oath. will request that anybody wishing to speak do so only when called upon come forward face our attorney to my left and she will swear you in before speaking. Uh all persons speaking will be asked to give their full name for the record spelling your last name for our accurate meeting minutes. Ask that you please turn off your cell phones and any electronic devices except for Dusty. You leave yours on. Uh the order of those speaking would be the uh petitioner uh is first with uh seven minutes in which to give their presentation and that's followed by a collective seven minutes for remmonstrators to speak. We offer three minutes to government officials and then a three-minute rebuttal for the petitioner and our attorney will offer a two-minut and one minute warning as your time is expiring. We ask that all persons conduct themselves in a civil manner and if you cannot do that, we will reserve the right to ask you to leave. Uh the uh this meeting uh this evening is being recorded and streamed for public viewing and by participating you acknowledge that your image, voice, and comments may be captured and made publicly available. This meeting has been properly noticed in accordance with Indiana code 514 1.5. Our first order of business this evening is the adoption of our November meeting minutes that were submitted electronically and we have enough people here tonight to approve that.

Move to adopt. Second. Been moved and seconded to adopt the November meeting minutes as submitted electronically. All those in favor signify by saying I. I.

Oppos. Same sign. Jason would have abstained. You were absent. So, all right. And with that, our first order of business this evening or second order of business would be the election of officers for the year. So, we have currently a president, which would be me, uh, Michael Long, and a vice president, which I believe is Jason Faucet, and a secretary, which is Lacy Willard. Do we have any nominations for the president this year? Don't everybody jump at once. Who wants to do it? Okay. It doesn't matter. I'm content doing it. It doesn't matter.

It doesn't matter to me either. Okay. All right. Who wants to make a nomination motion? Nominate Mike Long for the president. Okay. Do we have a second? Second. Been moved and seconded to uh approve Mike Long as the president for 2026. All in favor signify by saying I. I. Oppos same sign. Motion carries. And then vice president. Keep it the same. I'll nominate Jason Faucet. Second.

All right. Moved and seconded to maintain Jason Faucet as a vice president. All those in favor signify by saying I. I. Post. Same sign. And secretary. You guys want flipflop. You're good. All right. Nominate Lacy to be uh had to look I even had to look at the my cheat sheet here for secretary. Please I thought about recommending vice president. All right. It's been moved and seconded to maintain Lacy Ward as secretary of the BZA for 2026. All those in favor signify by saying I.

I post same sign. Motion carries. That takes care of that. All right. We have two hearing items this evening. Um we normally have are a five member board. We're down to four this evening unfortunately with some last minute uh issues at work for Mr. Rubble. And uh so you will still need three um like votes to move in one way or the other. So if you don't like your odds, you can of course uh ask for a continuence until next month or we can there went the button or we can uh we'll just proceed as normal. So our first uh case this evening is uh Edward Ransom uh 7519 McCordsville variance to allow an accessory structure. First item on the agenda, um, ransom variance. Um, this property is located at 7519 West 500 North in Buck Creek Township under the residential 2.5 zoning district. The petitioner is requesting a variance to allow an accessory structure in um the front yard of his residence. So, as um you can see in the site plan um in the red box, that's the location of the proposed new barn. Um based on our definition um for front yard, this uh proposed location falls under um what staff deems as the front yard. Um and in

our accessory use and structure standards, it states that accessory structure locations um where it says session structure shall comply with the following location and requirement. Um no accessory structure shall be permitted in any front yard or within the required side rear yard setback. Um so based on these provisions um this is why um the petitioner is tonight requesting um the variance for the proposed location. Um this would allow for the old barn um to be replaced. Um in the statement of intent, the petitioner has stated that the previous um barn was um damaged to where it wasn't um feasible to fix it. So they have decided to replace it with a new recreational barn um which would be a metal pore a metal pole barn. So in the image up top this is the point of view looking towards into the property from 500 north. Um as you can see um where that proposed location of the barn is being proposed. You wouldn't be able to see it from the street on 500 North. Um and in the image below, this is just um a bird's eye view of how the property sits and where um the residences at. Um in the new barn, this would um be in the same location as the previous one. Um in the barn will have um will allow the property owner to have a pickle ball court, a home gym, um as well as a bathroom. Uh when reviewing this, we didn't see um any concerns um about the proposed location. Um just based on our um standards, the location um meet falls under that front yard. So um that's why the variance needed to be requested.

So staff is recommending um approval with conditions. The first one being um the per building permit related to this variance must be obtained within 12 months of the approval date and an occupancy permit must be obtained within 12 months of the approval of the building permit or the variance will uh automatically expire. And then the second one um the accessory structure must be constructed in the same approximate location as shown in the site plan. Are there any questions? You don't have any renderings of the uh they didn't provide any renderings.

What would be the design standards that would the that would followed naturally from the c from the county? Um I don't think we really um have like standards for like the facade of it as long as it um typically we have it be um com matching a little bit with the um

res articulation exterior matching the existing structure. Okay. And then of course the board um may add any other conditions they seem um deem fitted for the request. So I was I was thinking that we had two variances for this because wouldn't the size require a variance also? 15662. Um, maximum cumulative storage area on a lot parcel shall not exceed 1,000 square ft. No, I don't know if that applies in this Are you looking at 156.062B1?

Uh, I moved away. Let me look. Uh, accessory use and structure standards 1562 1 B 7. So B is general accessory use and structure standards. One is order of establishment and then B7 is a notwithstanding provision on um when a residential storage structure may be permitted as a primary use. Therefore, this section would not apply because the primary structure is already present on the site which is the house.

Okay. All right. um the barn with that barn being proposed, it also wouldn't exceed lot coverage. Um and it meets all um setbacks as well. Um as you can see also in the site plan, downspouts and gutters as well. Mhm. Yeah. All that would be reviewed also at permit review. You had some recommended conditions, right? So,

I think they were only so the recommended commit permitting and occupancy and then um across that area we typically have for conditions for accessory structure in the front yard of a primary. We're also talking about um complement the primary structure and appearance downspouts and um gutters informed to site plan lighting must comply with the ordinance not exceed height standards and obtain a survey. So, did you take a look at those and just they're already incorporated or

um I think with our conversation with Kayla because of the location of it and all the trees um we didn't have any concerns with lighting um besides the property owner itself, it really wouldn't be seen to the public. Are there any other questions? Yeah. So to Lacy's point, since you just had the two staff conditions, were you recommending against the standard conditions like the staked survey? The um since they um provided already a surveyed site plan, we didn't seem like it was necessary.

The stake survey is a little bit different. The stake survey was just to make sure that it it was just sort of protecting everybody to make sure that the setback was maintained, especially since they get kind of close sometimes. Gives the building inspector something to visually see when they walk out there. Okay, any more questions for Maria? All right, we have the petitioner come up. Hello.

You swear you swear or affirm under the penalty of perjury that the testimony you're about to give is the truth, the whole truth, and nothing but the truth. State your name and spell your last name. Yeah. Edward Ransom. RN S O M. Seven minutes. So, go right ahead.

Yeah. I just want to reiterate what what uh Maria said. Essentially, we we bought the property in 2024. There was an existing barn there. Uh our intent was to use that as a existing barn as a a recre wreck, you know, but it was a hoop style barn. It had a fabric top after we got in. It looked really neat just from, you know, when we did the shopping. But after we if you've ever seen one of those barns, you can't really dry it in cuz it has has to have air flow through it for the So essentially and we had some people come out and look at say hey can we do something to dry this in because we really kind of want to make it a little more you know kind of year round and you know maybe add some HBAC and do more with it and you know our expert you're better off just putting a new a new one up and so essentially other than stor and the other thing too was even as for storage because of the humidity and everything like if we didn't have everything kind of shrink wrapped or in bins it was so we actually had a little bit of our stuff that we had you know brought on the move damaged or whatever. So, um, so then we kind of went back to the drawing board about said, "Okay, well, if we just put put a, you know, basically a a metal pool bar and, you know, a, you know, more like what you a sturdy structure in place, that way we can get out of it what we want." And, um, given that there was already a barn there, you know, we're kind of thinking, hey, it it, you know, hopefully would be kind of a an easy transition. And, you know, the the building department has been really helpful. And I actually started this kind of inquiry back in fall of 2024 talking to you know the health department and what you know what we could do with with septic and you know what we need what I needed with you know different plans and um basically until and every you know kind of got everything put pulled together and it wasn't until kind of almost had the

basically had the full package ready to submit that we got in the details and saying hey wait a minute let's you know technically you You know, if you look at the even though we're 300 plus feet back off the front of the lot, you know, the house is back a little bit more than that. So, technically that barn is in front of the house and you know, whatever the previous permit that was pulled didn't, you know, I don't know if it's because it was they considered that more of a temporary structure or whatever. And so little bit of a, you know, kind of a curveball for us. But again, you know, respect the process and, you know, just kind of, you know, respectfully request that you guys approve the variance and, you know, hopefully put in a nice barn and that we, you know, that we can get some use out of. you have any exterior lighting you're planning to attach

other than, you know, probably like French port, you know, not a whole lot more than, you know, a porch light on the front of the, you know, the front of the building. And then there's, uh, we plan, you know, having a garage, a bigger door to get in and out of the pickle ball area. Probably have, you know, just lights by the entrances. Okay. Do you similar to what we have on the the house? Really? Okay. Can you maybe tell us a little bit about the facade and the design? Just a metal, no cladding.

It's metal. Our our um we currently have a I mean the house is kind of green, you know, greenish and gray. We've got, you know, a lot the there's a black fence in the back. We got a lot of different colors. Um we've got a a small storage shed that's like kind of gray and black, you know, the kind of typical gray and black. So, the idea, the plan, and again, we can ch change colors, but the plan was kind of just do that, you know, kind of charcoal gray pole barn you see a lot, and it would kind of match the the shed we already have, plus some of the accents we have around the back back of the property. And and you expect this to be constructed in substantial conformance with the location as presented?

Yes. Okay. And you don't have any objections to what staff recommendations? So you got to get your permit within a year and get your occupancy within a year of that. Okay. And you surveyed it. Was it staked? Stakes remain or what? Yeah, the stakes are still there. Okay. All the questions that I had. Um couple I've got um So you're wanting to put a restroom in it? Yeah. Okay. How big? Just a single single shower and a and a sink and a toilet. Okay. What what is your overall plan for the barn in the future?

It's really a wreck barn. I've got four kids that, you know, if we're going to originally the original barn, if we had Sorry, excuse me. We could have made it a pickle ball court if we decked the whole thing and that's all we did. Um, but with this we, you know, if we're going to do it, we're going to do a little, you know, hey, let's go ahead and add a if we can't, you know, I've already talked to the health department. I've actually had soil samples done and cuz our septic's actually on the other side of the property. So, it's actually going to be

that's kind of where I'm getting I'm I'm leading into that, but there's a few things cuz I need to get as well because So, is there any plan for a mother-in-law quarters, a rental unit inside this? No. No. Okay. Because I say that's a whole another ball of wax that we got to take into consideration with this pickle ball court and having people over and watching football and just kind of which I don't mind the idea of putting facilities out there. I think it's a great idea. But when you do that, then we're thinking, okay, that makes it a lot easier to turn this into a living quarters.

So then now we've got two primaries on one lot, which per the ordinance, you can't have, right? So then now the other question I have so leading into that was you said you know with the soil samplers for are you looking how are you looking to get the sanitary from the barn across the property to the septic when you only dropped 4/10 of a foot.

Well I'd have to I've already gotten qu I had the soil samples. Basically, we have to put a new septic in which would be clo on that side of the property and then they've already like we cuz I've talked to the health department had them look at all that they'd have to run a drain tile from that septic all the way. So, one of the biggest expenses of that is getting this drain tile from the um I think from the underground tank over to the you know the property drainage tile. So they've already kind of laid it out.

Yeah. Because then to me it looks like per this overhead drawing that you can take this 40 by 80, put it east of the house, north of the septic field. A that would put you closer to your tank. B that would um also um not require variance. So why over here? Well,

we've already got a Dremel drive over there. He's already got a 300 amp electrical service there. Um, so basically I'd have to run all that. I still think it's more economical for us. And again, the barn was already, you know, I already have a barn there. So, okay. So, that cuz with that drone footage, um, was that where the hoop barn was? Yeah. So the frame is still there because I basically by you know we had started taking it down already thinking that we were you know

kind of on our way on our way and so yeah the post and the frame are still are still there again there's still an electrical ser there's still the electrical service there the drives already kind of carved out for it you know the way that there's a a couple of trees and that kind of U-shaped turnaround that kind of I don't know just kind the whole aesthetic.

Okay, I don't think I have any more questions. So, we have these standard conditions that we sometimes put on. And sure, I understand that we took number we ignored number eight because you already have stakes there, but I'd like to make sure that the stakes are maintained during your construction because it's helpful for the inspectors.

Um, we've got we've got the one that you know about the building permit uh being obtained within 12 months. So I'll just see how you feel about some of these other ones here. So um we oftentimes ask for the structure to complement the primary structure in terms of appearance which just probably means in the case of your metal it's similar coloration and kind of it's a sim similar color and the metal of the building matches the siding of the house or something like that.

Yeah. I don't the way I was thinking about again that gray and black doesn't exactly match the I'm I'm open to it but I it doesn't exactly match the sighting of the house but it kind of like I said we've got another shed all the you know the the kind of um decorative fencing around the pool is is black and gray so it does blend in I'm perfectly willing to Yeah. So that that condition would just allow the staff to take a look at your elevations when you have them and just say, "Yeah, this looks pretty pretty good." And offer some suggestions and stuff. That way you don't have to come all the way back to us for anything like that.

Um building permit application will substantially conform to this site plan, which it sounds like it definitely is going to anyway because you're already submitted. So that would just be some standard language for us. garage shall include gutters and downspouts and uh point away from the property line. Yeah, that's reasonable. Would you be able to get drainage so it doesn't go straight to your neighbor and um we'll figure it out.

Okay. Okay, pretty agreeable. Um the variance expires if a certificate of occupancy is not obtained within 12 months. So that gives you 12 months to build it. And is that enough time? Okay. Yeah, I believe so. Um, any lighting on the barn must comply with current lighting ordinances. Specs for light fixtures should be submitted with your permit application. You've already got that selected, it sounds like, as well. So, not a problem there. No.

Okay. Um, and the accessory structure must not exceed height standards, which goes without saying because you we just like to put it in there just to double check. So, so those are all just kind of extra language stuff that make it look like we did a lot of work here. So, um, of course I got to get these guys to agree to all of them, but okay. So, that sounds good. Any more questions for the petitioner? No. All right. Thank you. Great. Thank Anybody that wants to speak in opposition to this petition? Okay. Seeing none, we have any uh no elected officials who have any discussion

on conditions because we've got such a massive crowd tonight.

Yeah. Did you guys want to add conditions as I read them? Strike any of them? Basically, we' we would have we would have all of them essentially all one through one through eight. I can make a motion. Um, should favor uh should this be granted that all conditions for accessory structure and front yard um of primary attach all eight pertaining to variance obtained within 12 months. Uh complement the primary structure in terms of appearance. Building uh permit application shall substantially conform to the site plan. Garage includes gutters and downspouts that point away from the property. Variance expires the certificate uh certificate oency is not obtained within 12 months of receipt of the permit. Uh any lighting needs to comply with the ordinance. Um the structure cannot exceed height standards and the stake survey must be obtained. um or stakes that are now there now need to remain until final inspection.

Second. Right. It's been moved and seconded to uh attach conditions of approval as read. All those in favor signify by saying I. I. Were you about to advise us on something? You're sneaking up on us a little bit. Okay. Always lurking. Okay. So that allows us to balance. I have one

and the year is 26. Yeah. done good about that this year so far. Couple of check marks from you. Okay. Okay. Variance number 26-2644 to allow an accessory structure in the front yard is granted. A vote of 420.

Right. Thank you.

All right. Item number two, Mr. Mrs. Graph on Fort Bill Pike. Also a uh accessory building accessory building night here at Nightcourt. Verance to increase maximum height. Item number two, graph variant. Uh, this subject property is located at located at 6411 North Fortville Pike in Vernon Township under the residential 1.0 zoning district. The petitioners are requesting a variance to increase the height limitation of 26 ft to 32 feet um for an accessory structure. So, as you can see in the staff report marked out in a red square is the proposed location of the barn. Um, the proposed location um of the barn meets all other standards besides the height. Um, the height would allow the property owner to have storage, a workshop, and a basketball um area which requires more clearance. Um this came in as a permit application but was stopped at the planning office um during review because it wasn't um meeting the um height standards. Um so it has received

approval through all other departments that um through the review process. Uh petitioner has provided some elevations in the staff report. Um you can see the front elevation and the rear elevation of the proposed barn. In our um height standards for a residential 1.0 um zoning district for an accessory structure, it states that um it cannot exceed more than 20 26 ft in height. Um so when we were reviewing it, we saw that it was exceeding that. Um and that's when we started the conversation with the petitioner um about it needing a variance. So this is um a snapshot um from Google view showing where um the residence at is at and how um it would um the proposed barn would complement the um primary structure. So when reviewing we didn't um see any other issues besides um the height. Um everything else was um up to code and meeting our standards. So staff is recommending approval for this petition um with the following conditions. uh one being building permit related to the variance must be obtained within 12 months of the approval date and a certificate of occupancy must be obtained within 12 months of the approval of the building permit or the variance will automatically expire. Um number two, structure shall complement

primary structure in terms of the appearance. Three, the building permit application shall sustain substantially conform to the site plan. for um the garage shall include gutters and down down spouts. And number five, any lighting on the barn must comply with um the current lighting ordinance. Specs for light fixture must be submitted um for permanent application. Are there any questions

about survey? It's just not needed because it's in the middle and and there's no setback or adjacent property. So they same thing. Um they provided a site plan with a that was in a survey. So we didn't um seem it was necessary. Talk about the uh overhead property line.

Uh yes. So um we talked with the surveyor about that um and they're um far enough that there wasn't any concerns about it. Is the driveway to this property directly under those power lines? Looks like it is. That's interesting.

I have a bigger site plan if you need it. All right. Any more questions for Maria? Nope. All right. Come on. Petitioner, Mr. Graph. Hi there. Hi. Do you swear or affirm under the penalty of perjury that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? I do. State your name and spell your last name. Michael Graph. G R A F. Seven minutes. Go ahead. All right. Thank you.

Well, good evening. Uh my name is Mike Graph. Uh my wife and I live at the house at 6411 uh North Fortville Pike. Uh just want to thank the staff uh for their work here uh their recommendation as well as you all's time tonight. So, uh pretty simple request just uh requesting a few feet at the pitch of our barn um as a variance uh so we can have a workshop and our recreational uh kind of sport court um in there. Uh property as you can see is a rural setting. Uh sits pretty far back off the road. but it ended up being about 400 ft off the road where it sits. Um, we're going to have it match the house. We're using the same builder who built our house originally. Um, so the board and batten siding, uh, the paint to match the house. Uh, black trim on the windows, black garage doors, uh, the same overhangs as we had before. So, everything's there to try to match it. Um, you guys had a few questions on the, uh, variances in the stake survey. We have restaked it out there and then it does have a 75 ft variance off the power line. So, they've already measured that and that's that's all the way out there. So, um with that, like I said, Carrington built our house originally did a really good job. Uh we're going to use them again here. Appreciate the staff again with with all the recommendations they had and have no problem with the conditions and just respectfully ask for for you all's approval.

All right. Any comments from neighbors? No, we actually sent a letter before we needed the variance. Got no comments. Uh they did for the variance, too, and didn't have any either. So, All right. I have no questions. Basketball, not pickle ball. Basketball. Oh, no pickle ball yet. No bathroom either. We uh we priced out the bathroom and we're not doing a bathroom. All right. Any more questions? Thank you. Appreciate it.

Anybody want to speak in opposition to Nope. All right. Any discussion? Variances. I felt like the variances that Maria put together matched up with what we typically would do pretty well. So, only thing that we did put a survey stake survey in the last one, but not this one. Same argument. Stakes are already there. Yeah, that one didn't catch my attention because like you mentioned it's the behind and back and all that stuff. I think they need to make sure those power stay there because of the easement. Okay. Overheads. Sure. They get into that.

Yeah. So, just like the last one, maintain the stakes. Yeah. Okay. Oh, then are we ready for motion? I am ready. Variance receives um um a vote of granted. all staff conditions attach um and adding a stake survey must be obtained and stakes remain in the ground until final inspection is complete.

I'm not going to second that yet. Um the reason being, if I can bring the petitioner back up real quick, please. When when was the house built? Uh 2020. We moved in. And were stakes set at that time? I'm sure they were at the time, but they've been out again in the last few months and they're still sitting in the ground right now. Okay. I say I don't know if we need to get another survey if they're already there and they've been maintained. Make sure they're maintained like the last say, yeah, make sure they're maintained. I don't have that. I have that, but I don't think we need to require a survey. Okay. No, we just maintain the stakes. Yeah.

Is that what she said? Okay. Okay. Did I hear you wrong? Maybe uh um the language would be used, but assuming that the stakes were already there. Yeah, there's there's four stakes in the ground now. If it's technically a st Yeah, technically a stake survey, too. Well, is your intent that they would stake the easement just to be sure? Well, they but they've staked from from the easement is what they said. Okay. From the property line 5t over, you know, looking at this drawing that they've submitted. So obviously there was a stake survey done. Mhm.

As long I I guess my my concern is that those stakes stay there so we know that it is not creeping towards that easement because if you get into that easement and Duke or whoever owns those power lines finds it, they'll make you tear the building down. We don't want to do that. You don't want that. Yeah. And this survey was done on of October 25. So we've got a pretty recent survey. Yeah. I just want to make sure the stakes so that they go out. They're in the ground and we're not planning on moving. So, don't let the kids fine with that condition. It's too cold right now. If one of them kids wants to pull one of them stakes out of the ground, he's industrious. The youngest one might. So, they're industrious if they do. Always look out for the youngest one for sure.

Yes. All right. Sounds good. Thanks. Maybe to clarify regarding the stake survey. Um, we understand it is complete and the stake should remain in the ground until final inspection is complete. I would agree with that. I second. All right. It's been moved and seconded to ex accept the staff conditions one through five and add the uh conditions as stated about the stakes for the uh offset from the property lines being maintained through construction. All those in favor signify by saying I. I oppose. Same sign.

Fill out your ballots. Take your time. We don't want to get out of here before 8:00. Why? It feel weird. I was shocked to see we didn't have a full agenda. Yeah, I was too.

Variance number 26-2646 to increase the maximum height from 26 to 32 ft for an accessory structure or barn is granted a vote of 420. All right. Thank you. Thank you. It is It is in easement. Yeah. Yeah. I mean, I guess it's fine. It just seemed a little at least give them a driveway to knock the mud off their tires when power and light leaves. Yeah. After running up the yard.

Well, that's true. That keeps keeps them on a drive, I suppose. All right. Um, we've got some other business this evening want to alternate update. There is no update. I have sent out an email to everybody that should be appointing alternates and we have not heard back. So, I think I need to start appearing at some board meetings and really insisting on it. I have an update. Oh, that's a potential alternate right there for the town of Sh. All right.

Uh Wendle Hester has contacted me and we've had some discussions. I've talked to a couple of people. Um Mr. Fani over there um might be interested. He came tonight to kind of witness what we do, kind of how things go. So, we're making mo movement toward that direction. Thank you very very much. Rock stars. We try to be here surely. Any questions for me on that? If we have suggestions or people who have approached us, we brought them to you. Excuse me. People who have um expressed interest in the alternate, we brought them to you. Um that that is fine.

What did we decide on? So the alternate members, we would have an alternate from Spring Lake, an alternate from Shirley, an alternate from the commissioners. Does a plan commission? We didn't. We're supposed to appoint an alternate as well. We haven't done that yet. We should though, right? I mean, I think the only there's only like two people that are available for that. Make Wendle do it. Yes. It's the same the same criteria that was used to appoint you needs to be used to appoint your alternate. Yeah. Mhm. We need to make sure to make that's on our agenda for February. I completely forgot about that. Yeah. All right. We'll make sure that happens in February and

stick somebody with it. So, it sounds like Wendle. Yeah. Then I can harass him. I actually asked Wendle and he swung at me. That sounds about right. Yeah. Okay. Uh legal services agreement in your packet. Uh from what I understood on Tuesday night for the planning commission, the only alteration was uh nominal increase in the fee to $250. I think Brandon Morlock has kept us out of some some trouble.

So we get to keep Rhonda for another year. I hope so. You wouldn't know what to do on a free night, would you? So, did we did we take a motion? We took a motion to accept that with the planning commission, right? So, we need a motion to recommend the commission. Oh, the commissioners. Yeah. So, we need a motion to recommend approval, a favorable recommendation to the board of commissioners to sign this agreement. Second. All right. All right. It's been moved and seconded to forward a favorable recommendation of legal services agreement as presented this evening to the board of commissioners. All those in favor signify by saying I. I.

Post. Same sign.

Thank you. And then we have your conflict of interest forms. You could sign those. And if you need to do any uh any study on that. Thought it was in here. Oh yeah. Can leave those with Dennis I think. Then our last last order of business would be uh Mega Farms findings of fact that was sent to everyone in email by Rhonda

and I of myself and I passed that out at the plane commission meeting but um this is actually for you guys. Um, this was prepared by Michael Fris Mega Farms and we're required to submit to the court the findings of fact from the meeting where this case was considered on March 29th, 2022. So, he's prepared that and just need to that and um just approve the report as written. Rhonda, the only question I had is um I had not seen the uh rendering of findings on a on a like a squared off vote 2 to2 0 to 4 1-3. Um is that a summary of the checks of the box that we have? I just want to that's that's what that is.

Tell me where you're looking. Um so starting page on criterionage last couple of pages. So criterion met vote of 3 to one, no finding 2 to two. That's just a comparison of our um uh the criteria and each individual member and what they what they had a finding. So we never individually vote on those. This is but it's a it's a summary. So like when it says criterion met vote of 3 to one, is that where like where you're looking at that?

Yeah. Procedurally, that's just a because we don't actually take votes individually. Procedurally, it's just a summary of how many people check yes or no in each of those criteria. That's a that's a good point. That's what I understood it to be. But do does the court need to know that? That's kind of your question, right? Yeah. Like need to know who who the one person was that didn't Well, how many not not necessarily the person, but the what the what the criteria was met? Because basically criterion six is what carried the vote and three. Well, three.

I can ask that question and we could bring this back next time if you would like to do. I I I just hadn't seen that procedurally. I just um this is the typical preparation. It's it's don't need to detail more. That's fine. I will I will ask that though for future if you want to approve as with that caveat. And wouldn't this one that one we had that group of four come in that were all next to each other? I think so. Okay. I was just trying to remember which one this was. So, of those four, wasn't there two lawsuits out of that originally?

This is This is Mega Farm, right? This is the 700 West north of that. It was north of that one because I knew at the four we had a couple suits there, too. Where the Where' they go? They were there companies named with some letters like Right. Yeah. Okay. So, this Okay. So, this is All right. Now, I'm starting to remember. Been a while.

And then when I I was I was just out of curiosity. I think I I don't know say that this is wrong but when it notes um like the petitioner applied for permit on January of 24 on April 19th the plan commission approved the petitioner's permit application should I the staff did and for the plan commission essentially is that I mean I didn't know if the I would say if you have any changes Okay. Okay. So, where just tell me where you want to make the changes and approve.

So, yeah. Well, I could I just noticed that it noted the plan commission approved a couple of times and since this was a BZA thing. I didn't know if that should just say the staff the planning commission as well in some of these iterations. I I think but it was all special except nothing went to the planning commission. I don't think it did, but the permit application technically does by way of the staff. So, I think that's what that was saying. So, I think it's fine. I just was just curious about that. But Oh,

yeah. Because the staff operates at the direction of the planning commission. Mhm. Uh this came before us at planning commission, but I think it was just awareness that the BCA would be considering. That was because I had and I thought it was I was thinking to go to the plan commission when I was I was two days early. Okay. So, sorry about that. I passed that around, but it was good for everybody to know anyway because we were talking about legal expenses and yeah, we have had some litigation. Okay. Uh so Ronda, it would be a motion to adopt the findings of fact as presented. Make a motion to adopt the findings of fact as presented. Second.

All right. It's been moved and seconded to adopt the findings of fact as submitted. All those in favor signify by saying I. Opposed. Same sign. Thank you. And then our last item is um it's got to take 38 minutes to do a violation report. What you say? 37 37 minutes. If he takes 37 minutes, we're going to have some words.

It's going to be short and sweet. All right. So, this year we started um doing reinspections, a lot of reinspections so far. and I will be referring um a few cases of recurring uh violations to you. Cases that um our enforcement mechanisms don't seem to be able to bring to resolution. Some people just don't want to remedy the violations. And so those kind of cases I would be passing along for your advice.

Mhm. And possibly um litigation or court remedy. I don't know. Okay. So there are two such cases today. The first one is um 61996165 West Station Way. It's in Boke Creek Township. Can I ask before we go into detail, did we give the U target of the enforcement action an opportunity to attend? Yes.

I'm just I'm just bringing it to you. We're not taking any actions on it tonight. I just want to re refer them to you and then if you if it's pleasing to you, then we can bring them forward. Uh I just my my hesitation would be to have any presentation or findings or or discussion of of enforcement matters without the other with the an opportunity to attend. It's more of a due process concern. Yes, that's all. Um

and this first I've heard of it. So are they are they have they been notified or you're where are you in the process? Um we have sent them um violation notices. We have cited them several times. Some of these cases are span all the way back to 2023 until date. They haven't been resolved. So sometimes they just pay the site they keep paying the citations without any remedy to the violations. Had any notice to

No. Not sure if we've ever brought these before. Do you know how we've done it in the past? I say we haven't done it like this to my knowledge. Without them present. Not without them present. Usually by we're at this stage, you've invited them to the meeting. Yeah. I think if you're asking for advice from the board, it's probably to notify them and have them appear. Come here. Yeah. and we can talk about it in the public setting I think probably

and that way and it you know should they decide not to come you know you can still then do this because you've notified them you've given them the opportunity they chose not to show and then which point then we can also that also help us make a decision okay on what's going on. Sounds fair because we would have we would have people come but was that on like fourth or fifth notice is what I'm not sure what we had that guy that kept coming over and over again was living in the RV or something out. What was his I can't remember. Oh yeah, we ended up sending him

we had the trustee involved and all this. I can't remember his name now, but I can't remember what violation number he was at before we asked him to come here, but maybe we just pick pick one and that's the that's the violation number that they have to come and third third. I mean, if that's something we can procedurally adopt and give instruction that after the third notice, it would escalate with notice to the offender to a public hearing and that you can present um well-prepared content. By the way, it's not like I don't want to look like look at it. So, well done on that. Um, I just think we just have to have a little bit of of of a step in due process and

um, if we could administratively handle it um, honor about the third notice might I don't know whether we have anything in our occurs. I don't think so. And I think I think that the one that I was thinking of I think you sent them letters even before they came because they were not responding to the letters because that used to be the thing is then we would start with the letter and then we'd go to to litigation or whatever. But

maybe the recommendation is after third notice there's a demand letter from council and if that goes unnoticed there's a fourth notice and then after that if it goes unaddressed then it escalates to us. maybe goes to council then fourth to us. Fifth notice sounds excessive but I think the letter said please appear on this date or whatever to the BCA and okay chat about it. So so four notices to appear before actually I think the third notice would be a council should probably get something

we should there should be some minimum engagement for council as well. I'd hate to have a neighbor dispute and have to extend legal fees. Has to be some sort of a reasonless standard that comes from the office. All right. Yeah. We'll work together on trying to get something written that would say proceed. That'd be wonderful. Yeah. Okay. All right. So, this is all premature. That's okay. But you're prepared. But you're prepared because actually I do have a question for you. I was looking through your second one.

Okay. Um you said uh Mr. Williams is it was sent to Mr. Williams for unsafe building. Where are we at with that too? Cuz I think you ought to pursue that as well. Um that is currently in litigation. He said he appeared uh at court sometime last week. So Okay. Okay. So, we're pursuing that as well. Mhm. I'm happy. All right. That really it is that a request for a motion? Make a motion we adjourn. Second.

All right. Moved and seconded to adjurnn. All those in favor signify by saying I. I. posting.