Board of Zoning Appeals - Regular Meeting

Yeah, we we we got Yeah, we haven't yet. [Music] Can you turn the on air button? Like I said, thank you. Yeah. Yeah. Okay. How many other All right. Good evening. Uh, welcome you to the May 29th meeting of the Board of Zoning Appeals. Go ahead and get the meeting called to order this evening. Uh, couple of real quick things. Uh, it looks like we're going to have three of our five members here this evening, which means that any um decision will have to be unanimous of these three people. So if you don't like those odds then you can ask for a continuence and move to another uh the next month. The uh the other thing that's kind of new for us is that we are recording and we are we are under video now. Is that correct? All right. So you're being you're being doubled down on the recordings both audio and visual. I'd like to advise everybody that your testimony this evening will be uh recorded, both video and audio, and taken under oath. Anyone that's wishing to speak will do so when you're uh called upon, and please face our attorney to be sworn in before speaking. Uh when you speak, we ask that you give

your your full name for the record, first and last, spelling your last name, so that we have accurate meeting minutes. Please turn off all of your cell phones and other noise making devices. Um the order of u speaking this evening is the petitioner is given seven minutes to give their presentation followed by a collective a collective seven minutes for the remmonstrators to speak. We offer government officials that wish to speak three minutes and then uh 3 minutes then for the petitioner's rebuttal and our attorney to my left will give you two minute and one minute warnings as your time is expiring. We ask that everybody conduct themselves in a civil manner and if we can't do that this evening, we do reserve the right to ask you to leave. The first order of business would be the adoption of last month's meeting minutes. Actually, it's we didn't meet last month, so it' be the April meeting minutes that were submitted electronically. March or is it March? Okay. March, I'm sorry. Yeah, March meeting minutes. Mhm. Um motion to approve March meeting minutes as presented. Second. All right. Moved and seconded to approve the March meeting minutes submitted electronically. All those in favor signify by saying I. I. Opposed. Same sign. Motion carries. All right. We have this evening we have two items that will be continued. One by the petitioner and one due to improper advertising. Uh, do we have the petitioner for item number one, uh, John Marcelleti here to speak? They didn't plan to come. Okay. So, that uh was just they've I guess that's their request for a continuence. So, we'll just need a motion to continue that. Has this been continued in the past at all by us or by them or any other improper notice? So, we just have they been on the agenda

before and continued? Thank you. They were on the agenda for April. Um but due to lack of quorum were not heard at that meeting. Yeah. Okay. Motion to approve the continuence as requested by petitioner until the June meeting. Second. All right. Moved and seconded to continue item number one to the June 26th meeting. All those in favor signify by saying I. Oppose. Same sign. Motion carries. So, anybody that was here to uh hear the Verizon John Marcelleti case, that will be continued to June 26, the same time, same place. Item number four, um the petitioner is here that uh is being continued due to improper advertising. I think that Mr. Gibson would like to speak to us. I do. It's Mike Gibson, GIB SO with MJ Gibson Land Surveyors. I'm here uh representing the petitioners in this case, uh Tristan and Audrey Blandon, and also Brad and Lorie Wallace. Um gosh, I'm embarrassed. Uh we got the notices to the paper what we thought was in time. uh the notice was posted eight days instead of 10. So that is the continuence that we're asking for. Um you I know Mr. Long's been involved uh with this project probably from the get-go. We filed a minor subdivision in in uh January of this year. Had to go to a major subdivision due to the splits uh the amount of splits that were on the property. So we had to go through reszoning primary plat and in doing so

uh had to file for the board of zoning appeals since the time frame has been four or five months. We'd like to ask for a special meeting of the BZA uh if that is even a possibility and uh I can stick around until it's our turn to be heard. But if that can be done now that would be great. Yeah. So I I he asked me the question Rhonda was kind of looking at it. It sounds like we can do that if we're willing to do it. Uh it would be Did you determine time frame? Would it be two two weeks from now would be the best we could could do? 10 days is it is an additional notice. the public know here. We're willing to renotice if it's within a you know we just with the price of wood going up this house that they're building it's going up. So we're willing to do what we need to do as a company to help our client out. So and the history in this case is that has been before the planning commission in both March and in April. Yes. April was a March was for the reszone and then went to the commissioners. They approved it. Uh, April went primary plat and was approved. Uh, I will note that the neighbors had been notified by a written letter and we had several of those petition those signed. Uh, the neighbors have been notified three times via certified mail and via paper and we've had zero remmonstrance in any of these meetings. So, any other meetings that are required after this? No. No. This would be it for Yeah, this would the culmination. Yep. So, I think the question just is for for us is whether and I guess we can't speak for Jason and Evan if you'd be willing to convene and then know that I would vote for a special convening with improper notice. I don't think that's I don't know that would be appropriate. We would

need to consider that in other cases as well. Okay. So, we just be looking at potentially moving it just you're just moved then to the June 26th meeting then. I think that that's what would be on tap right now if a special meeting couldn't happen. But, okay. Yeah, you would have to do anything else there. So, we would need to perfect the notice though. That's correct. Advertised and it will be for today's meeting. Yeah. So, it's already advertised for June. It was advertised for tonight's meeting. Yeah. But it was advertised within eight days, not 10 days. Still in the paper yesterday and today. Pardon? It was still in the paper yesterday to I don't know that they run them eight days in a row. But this one just one time. But was this one on I guess where I was headed is was this one on our agenda for our April agenda? It it wasn't. But I will let you know we filed a petition for the primary plat as well as the board of zoning appeals variance at the end of March hoping to be heard in April for both of them. Uh planning commission with or planning director discussed that and thought it would be best that we wait for the variance to be heard until May. So, you know, the probably the lack of timing of when to put those notices in because of that delay. Uh, the papers went to only two or three times a week of posting those. It's just it it's it's the perfect storm of why I'm here and man, we hate it for our clients. So, we're just asking what we can do. Yeah. I I guess I was kind of indifferent. I

just think it's going to be a tough scheduling for us. We were talking about Rhonda's schedule, my schedule, and I can't speak for these other two guys. We may not be able to get pulled together, but I don't I guess we have to say no right now, but we can we can pull the the gang, I guess, and see if there's an ability to do it and let you know. Does that seem fair? That's as fair as I can. I think in the meantime, you'll probably need a motion to continue at the very least to the June 26th meeting. Yeah. And make sure that you work out with council what proper notice is defined so that we can get proper notice. I don't know that the notice for the eight days if you need to renew it or have another posting maybe bootstraps and suspenders you go and do it. Yeah, the if we have to notify again, we'll notify sooner this time obviously, but it's it I know it's I know it's the rules, but it's awfully expensive as well for nobody to I I know that not anymore, right? Yeah. Well, so what happens now is we we file the petition and we are waiting for the planning department to say okay the petition's in in line so you can go ahead and we're accepting it or not accepting it. So it used to we'd file the petition run to the paper and file it at that point. So now there's a delay in that action. It's just it's just getting new to the rules. Yeah. have any rules advocacy at the state level which those ru rules are imposed upon us would be excellent if you would like to through your organizations do that but we have no control over it thank you so we'll so the the motion will be to go ahead and continue to the June 26 and we'll let you know if we can do any better than that so um we've so you've made the motion to continue and to consult with councel on proper notice as needed and consult with councel right okay all those in favor signify by saying I oppose same sign. All right. Thank you. So that has uh items one and four both uh continued at this point to

the June meeting. So that'll take us to item number two, the uh Turner Legacy Farms. We'll have uh turn it to Kayla for her staff [Applause] report. Right. Staff report this evening is Fraternal Legacy Farms, also known as Rascin Associates, located at 5559 North 500 West in McCordsville, Indiana, represented tonight by Adam Brandt. Uh the statement of intent that was turned in uh gives a description of the special exception request for a contractor's storage yard uh for outdoor storage in order to store equipment on his 15.082 082 acres zoned egg. Uh located we told you the location already. Um this outdoor storage can be stored with adequate utilities, access roads, drainage and necessary facilities. Uh outdoor storage does not involve any element or cause any conditions that may be dangerous, injurious or noxious to any other property or persons and complies with development standards. Um outdoor storage will be sorted, oriented and landscaped to produce a harmonious relationship to buildings and grounds uh to adjacent buildings and properties. And the outdoor storage will produce a total visual impression uh consistent with the environment of the area. Um and it goes goes on um to go through the the remaining criteria for uh this. I would say too that um okay so if we keep going down we can look at this aerial image the site plan uh so you can see how the site is arranged um this was a uh seed uh sales and distribution facility uh known as

sty and before that I believe it was woodward seed. Um anyway, the grain towers and elevators uh that are still at the site um date back to 1946 according to the property card. So this is a site that has developed over time for sure. Um additionally, there's a large warehouse structure up toward the front representing um really a more u as as the seed company grew, this very nice warehouse structure developed around it in the 1980s, I believe. And then um it was up for sheriff's sale um in the circa 2020. Um I think I've got a timeline on here somewhere. Yep. Um to kind of show that that breakdown of when this really went from uh you know developed over time. All right. Since um the Turners uh have purchased this property, uh this has um only become really uh better developed. In fact, it was the parking lot was paved before I was hired and I uh probably wrongly assumed that it had already been here for this process. Um so that is the the short story on on this site. Rasque does uh have a landscaping company and I'm sure Adam will describe that to you um in his part. You can see on our zoning map here that this is a really interesting intersection of agricultural lands and industrial uh area. This is just north of the Walmart facility and the airport. I did check with the airport to make sure this was not in the runway clear zone which would have impacted some of the uses that could have occurred on this site but it is not. It is adjacent to the runway clear zone. Um so in that case we really worry about height things

like that as we get further away from the um as we get closer or further away from that airport uh runway. Oh, and I meant to include photos. I did not, except for the ones above. Um, let's see. So, special exception applications um include uh some decision criteria in our zoning ordinance. Um, and pretty much what Mr. uh what Mr. Turner and and Mr. Brandt included in their statement of intent um stating basically that this was going that this use is going to fit in this neighborhood and won't cause any issues uh with the surrounding neighborhood uses um good for the general welfare um of the area. Our ordinance also provides this little bit of guidance that when considering a special exception, the board of zoning appeals may consider the following as they relate to the proposed use. uh topography and other natural site features. Zoning of the site and surrounding properties, driveway locations, street access and vehicular and pedestrian traffic, parking, landscaping, screening, buffering, open space and other site amenities, noise production and hours of any business operation. design, placement, architecture and building material of the structure, placement, design, intensity, height and shielding of lights, traffic generation, general site layout as it relates to its surroundings, and any other criteria deemed relevant by the board. The board may place reasonable conditions on any approval. Staff recommendation for the special exception is that it be

approved let's see with one uh one condition that the airport overlay use restrictions be followed by all potential contractors using the site. So as it's developed basically let's just pay attention to that airport overlay and make sure nothing that's occurring on the site is at odds with that. Additionally, there is a variance lot coverage uh for over 25% which is the limit to lot coverage in the A district. Would you like me to deal with these as two separate votes or would you like to vote on one or how would you like me to break this down? Uh I would prefer to see the full full staff presentation. Yeah. Yeah. Yeah, I think we should see it all and then, you know, then we'll we'll we'll count the votes on the special exception and then we'll vote on the variance. Yeah. Okay. So, over time, uh, and like many barn lots, uh, that develop in the agricultural zoning district, uh, the barn lot itself has been sort of parcled off from any field that was around it or green space. Um and as the site has switched more from agricultural use to um industrial or commercial use uh more of the surface has become covered by either pavement or by buildings uh which has led to um the petitioner bumping up against that 25% lot coverage. Um, so most recently they submitted a building permit uh application to build an additional barn and it became clear that they were over their 25% um by by that building uh permit. So we have had it um held hostage in our office until we get this variance sorted out. You can see in the site that um there's a breakdown map of what area is covered

by green space, what area is covered by aggregate and stone and also what area is covered by um building uh and asphalt. Uh the present lot coverage is approximately 31% and would become approximately 33% with the addition of uh the new building. If all gravel areas were paved, this would increase to 68% lot coverage, which we understand without looking at um storm water management, things like that, and a bigger development plan, that would not be a reasonable uh amount of lot coverage. Our code gives us the following guidance on variance applications. Decision criteria u consistent with Indiana code. Development standards variance. The board may grant a variance from the development standards of this chapter such as height, bulk, area if after a public hearing it makes the determination in writing that general that that general welfare the approval will not be injurious to the public health, safety, morals and general welfare of the community adjacent property. the use and value of uh area adjacent to the property included in the variance will not be affected in a substantially adverse manner and practical difficulty. The strict application of the terms of this chapter will result in a practical difficulty in the use of the property. The situation shall not be self-imposed nor be based on a perceived reduction of or restriction on economic gain conditions. The board may impose uh reasonable conditions on any approval um and

require commitments. See, and uh let's see some limitations down there as well. All right. Based on that criteria, I did give a favorable staff condition with ai a favorable staff recommendation with a condition that lot coverage not exceed 50% until reszone to a commercial or industrial zoning district takes place which would allow for up to a 75% lot coverage as part of that zoning. Uh and it would also then um as development occurs, as uh more development reaches this site, uh drainage plans, storm water, all of these things would happen as the site progresses. Um as far as the uh criteria go um above, this was a tough one. Um, but I would say that this particular petitioner did not separate off the lot into this size of a parcel on their own, that it had already been developed more or less as it is that they've been improving it unfortunately with hard surfaces over time. Um, so that could be seen as in their favor. However, I'll leave that to the board. Um, and I'm happy to answer any questions or we can turn it over to Mr. Brandt. Do you know Kayla how this I was having a hard time understanding the the property itself. There's a lot of different things going on here. Are there three businesses here? And maybe these are questions for him. Okay. All right. Go ahead and start. Swear yourself in. testimony you're about to give. Yes. Adam Brandt B as in boy. R A N DT.

And Kayla, I do have some pictures. If you want to pass them out, but if they weren't submitted, we can't take them in. You can. Not a big deal. Um, a lot of this will just be uh redundant to Mrs. Brooks. Um, but I'm here today to represent Daniel Turner and Turner Legacy Farms, uh, requesting a special exception for outdoor contractor storage yard. Um, the outdoor storage preserves the purpose of the zoning ordinance and currently meets Hancock County's land development plan to be IBP. Um, and uh, Daniel Turner is also currently being taxed um, for industrial use, not a Um, also requesting a variance to exceed the maximum lot coverage of 25%. Um, and then within the last couple years, as Kayla's mentioned, that we have built uh six uh permitted buildings on this property and just uh was informed and notified that we're exceeding the 25% that's allowable. So, we're currently at 30.92% or sorry, 30.96% um lot coverage and um we will end up being 32.79% with the uh build of building K. Um IBP is the future land plan that allows up to 75%. Um, and we're only requesting uh the 50%. Any drainage issues right now? Um, do you anticipate any with uh with the new construction? Okay. Do you anticipate going and paving anymore?

Paving anymore. Paving any more of the gravel roads? Um, no. We plan on keeping that stone lot um on the north side. Have you have you been before the busier planning commission in the last couple years? So, okay. And you're aware of all the airport rules that are outlined in this and you're you're fine with those conditions. Okay. Do you anticipate additional future special exceptions or variances? I This is pretty packed full site. Anything else going on? Not at this time. No. Okay. Okay. And and I'm going to let follow on whose storage are we I'm just trying to figure out. There's there's the owner of the property and there's businesses going on. Are those all owned by the owner or Yeah. So Daniel Turner owns that property. Okay. Um and he has um Rasque and Associates uh Rascapes which is a landscape company. Um and then Turner Legacy Farms as well. So all three of the wholly owned companies operate on this site and that's why there's some differences just because of the different entities. Okay, got it. And what was the purpose of me mentioning the taxation as an industrial not a? I didn't get that. Um he's currently being taxed as IBP instead of at the higher tax rate than than a tax. Yeah, we Okay, we can't we're not gonna Yeah, we Okay. Yeah. Which segue you was there discussion about a reszone or some I mean are you thinking about a reszone at some point in the future? Did you want to do it now and we told you not to or It was under our um understanding is getting reszoned to IBP in the future. Not for our stance but for the county's stance. Is that right, Kayla? Yes, we did look at that as an option. Uh, utilities have

not quite reached this site yet. Okay. Uh, we did have a conversation with Jim Shields at Aqua and based on that, it seemed like the best uh this was the best option at this time, but that is why I placed that 50% cap condition on there until this is reszoned to an industrial or commercial category, which will likely be that same time that sanitary sewer and other utilities make their way to you. Kayla, would it be appropriate to put a condition for um agreement to the reszone and consent to the resone when when the time that the utilities come in? We've done that in a couple of other um we have done that before. Well, I think it's a two-parter to the reszone and to participate in the utilities. There could be a maybe a an ask or a a condition that they not remmonstrate against it when that time comes. Yeah. Yeah. How do you feel about that? If we decide to reszone, are you with us? Yeah. Okay. All right. All right. And you're were you okay with the 50% condition? Yeah. Okay. So So again, maybe it doesn't matter, but how many business there's there's Rasque? There's Turner Farms. Is there still Styer Seeds? No, they uh they went under. Okay. Um when Daniel purchased it a couple years ago. And then what about Cecil's Auto Solutions? Is that still operating there? Okay. Okay. All right. Any more questions for the petitioner? Nope. All right. Thanks.

Thank you. Do we have anybody here that'd like to speak in opposition of the special exception or the variance? Come on up. Do you swear affirm that the testimony you're I do. Larry Sedam sam. Um drove by the down the country road to see um the landscaping I think as um if you drive by it and look there's probably a hundred graders in the front on that one corner lot where it's almost that entire lot is covered with like grading equipment. Um, it's only a few feet off the road. No landscaping, no nothing. I think if you're going to let them build that, they landscape the whole front and make it presentable because what you drive by and see looks like a landscaping or sale yard is what it looks like. again. Nearly that whole lot is full of them. At least when I drove by it was. And that was in April. So, if they're going to store product there openly, we need landscaping. That's what I have. Thank you. Okay. Thanks. Anybody else in opposition? Any government officials? See some McCordsville people back there. Come on. Come on. No. Sorry. All right. Uh, you've got three minutes of rebuttal. Wherever you went. Where did he go?

Uh there are um as he mentioned there are there are snow um push boxes is what those are currently staged in the that stone lot up top. Um and there is a burm um along that north north north property line to block that view. the additional building space, those uh products for RAScapes and uh RAS associates can be obviously hidden as well inside structures. Would you be open to working with staff on an appropriate landscaping plan if this would be approved? Any questions? I think that's it. Any more questions? Nope. All right. Thanks. Uh we have any any discussion? Let me see the conditions again. Uh perhaps starting with the special exception. Approve with approve special exception for contractor's storage yard with condition that overlay you that airport overlay use restrictions must be followed by all potential contractors using site. I make a motion that should this receive are you okay handling it one by one? Okay. Yeah, that a special exception be approved. Staff recommendations for the special exception would follow. In addition to the applicant will work with the staff on an appropriate landscaping plan and the applicant agrees to coordinate and work with any resoning efforts in the

future uh notably without uh remmonstrance. All right. moved and seconded that uh should the special exception be approved it be subject to the stated conditions all those in favor signify by saying I I oppose same sign motion carries so why don't we we can go ahead and vote on the special exception [Applause] The application for the special exception in case 25-2591 is granted a vote of 320. Okay. So, regarding the variance, um any discussion on conditions there? The only question is that would we need to have a cross reference to the conditions in both? You think? Okay. Then um motion to uh if if the variance be approved that staff recommendations would carry and both the landscaping and reszoning language from the prior Motion would carry to this one as well. Second. All right. So, it's moved and seconded to match the previous conditions uh to the special exception to follow with the variance. All those

in favor signify by saying I. Oppose. Same sign. And carries. And we can vote for the variance. Okay. The uh variance number 25-2591 um is granted a vote of three to zero. All right, you're all set. Just follow up with Kayla regarding the landscape stuff. So, right. Okay. Item number three, the Gold Mine Holdings LLC monument sign variance. Gold Mine Holdings has presented a uh application for a uh sign v variance. Um the proposed sign is 7 and 1/2 ft tall and 48 square feet where the permitted height is 6 feet and 32 square ft area. This is the corner where that lot is. It is on the roundabout. Uh as you are going into the village of Mount Comfort on Mount Comfort Road in 300 North. If you go by there today, you'll see a newly opened BP gas station. It looks quite a bit different today. Excuse me. I don't think we were going to see if we could get a continuence until there's a I'm so sorry. Yeah. So, I didn't want you to all your time going over everything. So, we wanted to see if we could get a

continuence to the June 26th hearing when there will be a full board here. Oh, I'm sorry. So, yeah, you want you want the full board then. Understood. Okay. Uh any any comments, discussion motion? Oh, yep. That's We do need to know your name. I'm sorry. Thank you. Yes, it's Cindy Thrasher. Okay. That's t h r a s h e r. Okay. So you're you're you would be requesting the continuance on behalf of Gold Mine Holdings. Yes. Okay. All right. Motion to continue to the June 26th meeting as requested by petitioner. Second. Okay. moved and seconded to continue as requested by the petitioner to the June 26th hearing. All those in favor signify by saying I oppose. Same sign. Motion carries. Thank you. Thank you. Yeah. Well, June should be a full month. Okay. So item number four, we've already continued. That moves us to item number five, Anna Hartman and Jack Becker, special exception for riding stables and equin training. Right. So our staff recommendation tonight, um, we have petitioners Hannah Hartman and Jack Becker here. the um address of the property that they are

looking to um they're purchasing and putting a riding stable and training uh arena. Um, it is located at 6557 North 500 East Greenfield in Green Township, located in the agricultural zoning district. And um, I would probably say within sniffing distance of a confined feeding operation, which is what this red uh mark is that appears over it. Anytime there is a confined feeding operation, uh, an overlay type layer shows up and that helps us with our planning. It does not come with any restrictions in this case. So, just to be clear on that, so it is the large barn here at the corner of 650 North and 500 East and we have never received any complaints to my knowledge about that confined feeding operation. So, yeah, just putting that out there as well. Um, it is all right. So, um, the petitioners did a very nice job of doing my job for me on this staff report. describing the special exception to allow a riding stable in what had been a um a single family kind of barnaminium type residence with a large horse type facility attached to it. Um this is a 10acre parcel. Uh let's see here. Rehabilitation purposes is what the of of ecoin or horses is what the previous use had been. Due to the weight of horses and the trucks and trailers for the transport, the petitioner requested a variance from paved parking standards. However, that variance still stands from a previous uh request. Um, so I interpreted that as still standing based on that previous ex request for a vet office that did not

end up going in there, but the variance stands and it is still within the timeline for them to act on it. So for that reason, I interpreted that as still an active variance that they did not have to uh request additional um additional work for the statement of intent. Um you'll see here and I'll let I'll let um Mrs. Hart uh describe this more is to allow for riding stables, lessons, training, small shows, and kids camps. Um let's see. And I left a blank page in there. Excuse me. All right. They do plan to build another pro another uh a riding arena on the site. Um which once again it's a 10acre site. So they've got room for that. And they understand that this will be um have to be in compliance with our building officials rules about uh state design release and and commercial class buildings, things like that. so they're aware that there um are some higher standards for buildings where the general public is allowed in and we'll work with him on that. And as far as how this special exception fits in the neighborhood, it it fits right in. The building was already sort of designed with this in mind. You'll see here their site plan where they intend to put the uh arena which I believe is still sort of dependent on on um soil tests and some other things on what what works best for their particular site. They do meet all setback requirements and lot coverage. And I'm just quickly scrolling through here. Sorry.

And so it does meet the special exception decision criteria um for a favorable staff recommendation. Um I did not place any um I did not place any conditions on this. Um it seemed like a really good good use of uh this site. Uh I'm happy to pull up the um any information for the board. Other than that, I'd like to turn it over to the petitioners to describe their their project in in depth. I just a real quick question. I wasn't I ran out of time to look it up. I was I was thinking that when we dealt with the variance that you spoke about that there was a condition about paving of like the first 50 ft from the drives or something like that. Um I don't know if that existed and if that's been done. It didn't look like it had been done. We did talk about that about that driveway the culvert kind of area is and that was all right with you guys. Okay. So So you'd be fine with a condition to pave the the first 40t or something like that or 50 feet or whatever it was. Okay. When does the existing variance approval expire if at all? Um do you usually require some sort of action within a certain amount of time frame? usually one year from the time it's um permitted. Thank you. I was too. All right. I'm just asking because if we're writing or adopting anything there, we might need to extend. We wouldn't be able to do that tonight though, right? Because it wouldn't have been advertised. Correct. It was not advertised for anything with the variance just for the special exception. They may have to come back and do that another time. Put that on your calendar. So, make sure

you don't lose that. What exactly in the existing application is required under the vet office? Like I don't the driveway just driveway just that's it. Keep the gravel from coming out into the into the road. Yeah. Okay. That was it, I think. Yeah. Yeah. I don't think they or were they just looking for varants for the veterary running the veterary clinic there? I thought it was just that. I don't think any of that's new. I think about I think it was just the you guys may know but we'll get to you in a second here. So stay stay in process. So So the variance date is did you variance date is November of 24 one year to act on it basically which was the paving of the entry and uh yeah most of them had to do with the special Yeah. So, yeah. So, just uh follow up with them uh on that whole thing and when you need to get on the agenda to do that again, make sure that that stays current. So, are you ready for their for them to speak? Yes. All right. Let's have it. Affirm under the penalty testimony you're about to give is the truth. The Jack Becker. Last name B as in boy. E C K E R.

Hannah Hartman. H as in horse. O R. Oh, H as in horse. A R T M A N. Almost spelled horse for you. You have seven minutes to go. Okay. So, what we're requesting to do is to use the existing fac or the existing uh facility that we've purchased and live in and um we want to convert it into a writing facility. Uh she currently does business and rents, excuse me, uh rents a facility in Fisers where she operates out of and this is our opportunity to try and own that facility. Um, the biggest thing we're looking to add to the property would of course be the uh the indoor arena which is proposed as uh 70 ft wide by 28 ft long and 18 ft tall for the uh interior or for the structure with a lane two uh 16 ft extending out and then along uh 120 ft of the building. Um yeah, so as Jack mentioned, I'm currently running my business out of a barn in Fischers, Indiana, and it's um pretty landlocked. It's like close to um intersection of 126 and Olio, so we're like right in there between a bunch of housing additions. And the acreage is very limited. And so we're very excited at the opportunity to come out um into the country. I have a pretty established clientele base at this point. So, I don't um like open I don't have like a lot of people coming through. It's I have um clients that I work with their horses and their kids and we travel to shows and um do that kind of stuff. I do um I have in the past done kids camps for like um four days or a couple times a week or a couple weeks out of the year in the summers. Um, and last year we hosted a first for our first time we hosted a little show just for kids and it was about like 30 kids came from

around the surrounding areas and showed there and so it was a it was a pretty small um less than a less than 70 people there. Um, but yeah, that's the main the main purpose. I also like I take in some training horses here and there, but the majority of the business is um the horse boarding and the riding lessons and training. So, did I might have picked up on you're you're planning to live here as well? We are currently living there. Yes. Oh, you're currently living there. Okay. So do do we actually have a home occupation situation with this? Then does depend on how you look at this. The way that we interpreted this is that the single family dwelling is part of the site. The agricultural site um it could be looked at as a non-conforming feature. Uh, additionally, the um, agricultural nature of this uh, site does allow for a number of primary uses that are more agriculturally based. So, in a case like this, we could look at what is truly the primary use. You could argue that it is not single family. And what they're asking here tonight is for that primary use to truly be riding stable. That's where we view that single family dwelling as something that exists on the site and is very similar in nature to a farm dwelling in its accessory nature to the farm. Yeah. So then the the next question is should should we be looking at the requirements of an aggra business type one? I think it might be aggra would this be an aggra

business in that case to try to encompass the dwelling and the that is a tough one too and in this case I would say aggra business is its own separate category in our use matrix and because we also have a line for writing stable um this seemed to fit very well because it is truly writing stable it is a a service that is being offered at the site Um it it didn't so much serve the purpose as aggra business also because they're not producing goods on the site selling services not not goods. Yeah. Okay. Okay. Do you u anticipate other services in the future as the business grows? Not beyond what's already Yeah. You do just talk over to Okay. And you own or rent the property? You own uh we own. We own. Okay. All right. And I we're seeing here options A and B. Is that because you haven't yet settled with the tech committee on am I looking at this right or or is that just old soil borings? Right. You just that's all you're waiting for is and right. So uh the reason for the options A and B is we're looking at um dealing with eventually there is a plan to eventually put like a small lounge confined within the larger structure. And so which whichever site plant or site we go with is going to be dependent on the uh septic whether we have to put a new septic system in or if we can tie into the existing one. You need our approval to locate in one of the two layouts that has have been presented tonight. Yes ma'am. What what do you mean by a lounge? So basically it would just be a a small interior closed off structure. It would have um basically just bathrooms and a viewing area for parents to watch their kids lessons. Got it. It

would be enclosed from the elements. And so then Got it. Okay. Standing in the cold in February. Are there any other options or is it just these two? Those are the two that we drew up. Okay. All right. Any other questions for the petitioners? All right. Yeah. So, yeah. So, my business model is I usually have 2 to four students in a lesson. The lessons are an hour long. I usually start from between 300 p.m. and go till 7:00 p.m. So, it's more uh at any given point. I don't usually have more than 10 people at the farm at a time. So, like maybe one day out of the year if I hosted a show there would be about like the 70 people that I had like the last time. Um, but that would just be outside. Um, we only did it in the summertime, so we wouldn't be using the enclosed structure at that point. Yes. Yeah. Around the areas. So, we sometimes um I'm glad she brought that up. We sometimes get a little goofy and start asking for maximum amounts of cars and people and things. That's more of a home occupation thing, but would you be opposed to a maximum 40 cars type restriction or something like that at any given time? Not at all. That's fine. Okay. Any more questions? All right. Thanks. Thank you. Thank you. We have anybody here that would like to speak in opposition to this uh special exception? No. Any government officials would like to

speak? None there either. Well, you have nothing to rebut against, but do you have anything else to anything else you'd like to say? No. All right. Any discussion on U conditions? want to look at a parking limit once a year. I don't know. It seems Yeah, it's I don't know. It's kind of a tough one. I The home occupation thing was just kind of bouncing around in my mind a little bit and like Rhonda said, it's you know, traffic. Um we're probably not in an area that's too terribly concerning about that. But um would you be open to limiting the approval to one of the two options as presented? This is for soil borings, but it's also setbacks. And I mean, we're pretty close. Yeah, they're going to have to meet the to get a building permit. They're going to have to meet all those things. So I wasn't on that too much either. But I have one comment about any condition on a parking cap and that would only be just because that is very very difficult for planning staff or anybody to enforce especially if it is typically just a one-day show. And I guess the only request then would be um rather than a parking cap um a request that uh or commitment from the petitioner that they notify the Hancock County Sheriff's Department if any event they feel would cause any traffic uh buildup on the county roads and that way the local sheriff's department is aware of of any event going on in that area. Yeah, we have done that before. to notify the sheriff's department of any event exceeding 10 10 visitors. Is

that not fair? Yeah. Our best practice. Well, again, that might just be a best practice because you're not going to be able to enforce that. No, I would just a best practice. Yeah. I have no motions for conditions. Okay. All right. If we don't have any uh you have any motions for conditions. All right. No conditions. We'll go ahead and uh vote with a special exception. Okay. Case number 25-2598 is granted. A vote of 320. All right. You're all set. Check in with the staff on your next steps and thanks for bringing your business here. Thank you. All right, that brings us to item number six. Special exception to allow semi-tractor trailer parking facility at 6900 West 500 North. We have U. Mr. House has something to say. Pardon me. Do you have anything you would like to start with, Mr. House? Yes. Thank you. In light of the light bench. The CP the light bench. I would respectfully request a continuence. Fair enough. We fall now under old business on the 26th rather than new

business. All right. Motion to continue to June 26, 2025 as requested by the petitioner. Second. All right. It's been moved and seconded to continue item number six to the June 26th. Any discussion? All those in favor signify by saying I. I oppose. Same sign. All right. Thank you very much. Thank you. So if anybody was here of interest with this uh special exception, we will be hearing it along with some others. It appears on June 26th. Right. Right. Thank you. All right. So, that concludes all of our hearing items. It doesn't look like we have any uh other business. And do we have no zoning violations this evening? None. Everybody's being good, huh? Next month. All right. It's going to be a long meeting next month. All right. Then a motion to you want to uh introduce our uh Oh yeah. Um we have a new planner. Um this is Maria Henriquez. She's a Shelbyville native and has spent the last two years planning with the city. I'm sorry. She's from Accordsville. She's been she has been planning for the last two years at Shelbyville. There we go. Yep. So we're happy to have her. This is day three. and she actually did a few of our staff reports here this evening, right? Yes, she did. So, just started. So, all jumped right in. So, making my life way easier already. All right. Very good. All right. You can go ahead with your motion now if you'd like. Do it this

time. Go ahead. I'm sorry. Motion to adjurnn. Motion to adjurnn. Motion to second. Second. All right. Move and second. All those in favor? I oppose. Same sign. Motion carries. Ajourned. Wow. One hour. Well done. Yes. That's what happens. I didn't even roll off. All right. Record, wasn't it? You must have done all right. Done quick. Yeah, you're pretty go home. All right. You'll be just fine tomorrow. Sounds like me for that last one. No. Yeah, I got a uh I was going to tell you guys that Gary McDaniel texted me today and asked me to express his Thank you for staying opposition to that to you guys. So, there you have it. He's opposed. So, you see me up there. I think I guess I was that's where I was just down the area in Newcastle. I know this area most people I know