Board of Zoning Appeals - Regular Meeting

Go ahead and call the meeting to order. Do you hear me? Okay. Yeah, it sounds like it's on. All right. November 20th meeting of the Hancock County Board of Zoning Appeals. Like to advise you that all testimony this evening is being recorded and taken under oath. We request that anybody wishing to speak will do so only when called upon. Uh face our attorney to my left to be sworn in prior to speaking. All persons speaking will be asked to give their full name for the record and spell your last name for accurate meeting minutes. We ask that you please turn off your cell phones and other electronic devices. Our order uh for uh this evening will be for the petitioner uh will be given seven minutes after the staff presentation. We give seven minutes for their presentation and then a collective seven minutes for all the remmonstrators to speak. We offer three minutes to any government officials that would like to speak on a petition uh followed by 3 minutes for the petitioner's rebuttal. Our attorney will offer you a two-minute and a one minute warning as your time is expiring. We ask that all persons conduct themselves in a civil manner and if you are unable to do that, we reserve the right to ask you to leave. Uh the first order of business tonight will be the adoption of the previous month's meeting minutes that were submitted electronically.

Move to approve. Second. All right. Moved and seconded to adopt the meeting minutes from October submitted electronically. All those in favor signify by saying I.

Oppose. Same sign. All right. We have uh four members present this evening with Mr. Faucet from Shirley absent. I have one more thing. This meeting I'll just inform everybody. This meeting is being recorded and streamed for public viewing. 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. And with that, we will start with our first hearing item. We have eight items this evening, so we'll move as quickly as we can. We'll start with item number one. Uh, this was a continued case from last month. Terry Stevens special exception and two variances to briefly recap the staff report from last month. Um the subject property is located at 6241 East 200 South is in Blue River Township. The zoning district is agricultural. It is outlined in blue in the aerial image shown below. The petitioner Terry and Heidi Heidi Stevens are requesting a special exception to allow a home occupation and are requesting two variances from the home occupation standards. One to allow a home occupation in an accessory structure and two to allow a sign on the accessory structure which is typically not permitted for home occupations.

[Music] Sorry. You can see here a site plan of the subject property, the house and its current location and also where the new barn with the special exception would be located. Uh the existing septic is identified. I would note that um a parking area has been establish has been noted on this plan behind the barn. However, a gravel area like that would be typical to the establishment of any accessory structure. And given that Mr. Ste and Mrs. Stevens are utilizing this barn also for personal storage, we would expect to see a fair amount of driveway around the structure. They are not close to meeting their maximum lot coverage in any way, and gravel actually wouldn't count toward that anyway. The petitioner is proposing the construction of a new barn with the majority of the space to be used for personal storage. Um, yep. We talked about the existing gravel drive. Sorry, Maria, your computer's different than mine. All right. Last month, uh, we did talk about if notice was required for an additional variance. This is where some really important, um, some really important points need to be made. So when we looked at the home occupation standards, uh we noted that uh first of

all the intent of our home occupation standards is to establish minimum requirements for homebased businesses in order to protect the residential character of Hancock County's residential areas, preserve property values, and prevent the hazards and present prevent hazards to persons and property that can result from residential, commercial, land use conflicts. If we look into those home occupation standards further, we will see that general home occupation standards applicable to the sing or applicable to the single family residential, multifamily residential and manufactured home zoning districts specifically. Please note that while a home occupation is a special exception in the agricultural district, the additional standards listed under item B and 156.066 066 are only required standards for that single family residential, multif family residential and manufactured home zoning districts. A is specifically not a residential zoning district. So notice for an additional variance was not required when it came to um the uh questions that were about how much how much face-to-face sale and manufacturer things like that were occurring on the site. Um so because it was it is an a zone an additional notice is not required. The home occupation may be located within the dwelling um but may not exceed an additional area of 500 square feet. Uh this home occupation is occurring in a barn um but is not uh taking up uh too much room while signs um are not permitted for uh home occupations. Um that's another thing that a variance is requested for

here. um last month. I think they uh the petitioner discussed putting that sign on on the building. Um but we can have them clarify that. I would note here that there was still the need for a variance in an accessory structure. Um, our definition of a home occupation is an occupation carried on in a dwelling unit by a resident thereof which is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and therefore does not change its residential character. This very much refers back to the typical hair salon in the breezeway kind of a idea probably you know dating back to the 60s kind of that kind of a thing. Um, I would also note that up to 2015, we included accessory structures in our definition. In 2015, accessory structures were specifically removed. I'm not totally sure why. There wasn't a lot of explanation of that in the uh in the minutes. So, I I did want you guys to know I looked that up and kind of backtracked a little bit and we were in fact including accessory structures up until that time. We did um I'm going to skip forward a little bit. I'll try to page forward here once again just to recap here too. Um this board uh typically makes decisions relating to home occupations and special exceptions like this. um so that it uh assures compliance with the purpose of uh the chapter uh zoning chapter. Um, so if there are things to

consider that would make the use fit better in the uh neighborhood um more acceptable uh such as topography, natural site features, zoning of the site and natur and surrounding properties, driveway locations, street access, um parking, uh landscaping, open space and other site amenities, noise production, hours of business operation. These are things uh along with the following few items that the BCA can certainly take into consideration in making their decision and coming up with uh criteria and conditions for approval if they wish. All right, continuing. We mostly kept our con our staff recommendation of approval with condition the same um with one change and I'm just going to read through them all. I'll point out the change this. So approval with condition the petitioner shall seek and obtain annual occupancy permits for the home occupation prior to commencement of the business at this location. The permit shall be sought and obtained within 12 months of the above approval date or the approval will automatically expire. The special exception shall become null and void if the business ceases to operate for 12 consecutive months or longer. The home occupation shall be open to the public no more than 24 days a calendar per calendar year. We did keep that the same. I would like to point out that the BCA is certainly allowed to modify that um in a way that is suitable to you guys. So if there are questions or concerns about that, that is up to you to make that decision on something like this, we do like to

work with the petitioner to find a cap of some sort that can be put used. Um but uh if that's if that's not acceptable to the board, um please talk to the petitioner about it when they come up. Um okay, this this is where the change comes in. Item number four, the uh special exception shall run with the petitioner and shall not be transferable to any other owner or entity. Additionally, if the owner of 6239 East 200 South with whom the petitioner shares a driveway sells their property, then the special exception shall expire. Once again, this preserves the property values in the area. It attaches this special exception also to the person this uh use would share a driveway with, which we thought was a really um good way to protect the value of the adjacent property as well as Mr. Stevens property. Number five, a building permit and/or improvement location permit relating to the special exception must be obtained within 12 months of the above approval date. And the occupancy permit must be obtained within 12 months of approval of the permit or the special exception will automatically expire. And number six, the BZA reserves the right to modify or revoke the special exception at a public hearing if it determines that the home occupation constitutes a public nuisance. I would like to touch base on that 24 days a year again. Um, so we could say every Saturday from 8:00 a.m. to noon and that would still be more than 24 days a year, maybe 52 days. Um, we could say um should be open no more than 7 to 7 uh on so many given

days. uh in a year. We could say by appointment only. We could lower that um number of days to a lower number if that's what's acceptable to this board. We could remove a cap altogether. These are all options that the board has. 24 days seemed every other weekend open one day. I know that they will be more flexible than that given holidays and other things, but um that's where this number gave us a starting point. Feel free to adjust. All right, variance criteria. Nothing really changed with this. Um like we discussed in the other parts of the application, the variances for signage and in the in the accessory structure location were still required. Okay. The um do you want me to go over the conditions or you've got them in front of you there? I'd like to turn it over to the petitioner.

Yeah. None of none of this changed from last month, I don't think. Right. You only on the special exception and this is the same group that saw Yeah. So, if you guys are good, we'll actually I think there's a gating issue that we talked about last time that I'm not seeing addressed at all. Can you bring us back to the definition of home occupation as it relates to revenue because it's not in this packet and I think that's missing. We probably need to look at that.

Yes. So that is actually under item uh B which does not apply and we're it doesn't need a notice. Now you guys may choose to use some of those additional standards that only apply to home occupations in the residential zoning districts if you like. Um but it does not apply to this in a way in such a way that we have to use it for a home occupation in the agricultural zoning district. That standard was in a section that was only required for resident single family residential multif family and manufactured home park.

How do we define home occupation in agriculture? Um, it still falls under the definition of home occupation. An occupation carried on in a dwelling unit by a resident thereof which is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and therefore does not change its residential character. So, a special exception is still required, but you have more freedom to pick and choose from those standards as you feel they relate.

Good. All right. Okay. All set. Petitioner, come up. you both sworn in. Raise your right hand. 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. Please state your names and spell your last name for the record. Eric Stevens. s tens 7 minutes. Guardians.

All right. Thank you for your time again this evening. Um I'm going to start. So we we have a PowerPoint today. So I'd like for you to start if you will on slide number two. Um so this this is just a outline. This is an overhead of our property. And you can see where the you've already seen this before, but you can see where the new barn is going to be um in conjunction to our house. The one thing this doesn't show is how long our driveway is to 200 South. It's quite quite long that you you can't see on this, but you'll be able to see it on a picture later on. So, um approximately 2/3 of the proposed new barn will be used for personal storage. Um all business operations will be indoors, so we will not be leaving anything outside. Um it's just going to look like a regular pole barn from the outside. Um and all all parking will have parking located in the back for of of the barn. Uh on slide three, this is this is somewhat what the barn's going to look like. Um this is the best that I could come up with. It's going to look nicer than this. We will have a a concrete porch on the front and it'll have open cedar trusses um on the front as well. On slide number four, this is some few examples of furniture pieces we've we finished in the past. Um, one of the reasons why we'd like to have a store is because pictures don't show how solid these pieces are and how how heavy they are and colored sometimes um it doesn't show real well in a picture and the detail some of the woodworking detail on this is hard to see in a picture. So, um we'd like like a place for people to come out and take a look. On slide five, these are just some examples of some some of the small handmade pieces that we've done in the past. You can see the majority of them seasonal, but um but those that's some of the examples that we'd plan to have in the shop as well. On slide six, um the green dots represent neighbors that have that we have spoken to and have expressed support for our home occupation. Please note that all the neighbors on 200

South, which is our road, are in support of what we're trying to do. Um as you can see as well in this picture, um our drive is the first drive on the road coming off of 600 East. So potential clients wouldn't make it past any of our neighbors driveways. We'll be the first one that they would be able to turn into that one little drive that you see before us. It goes into a field. Um also our driveway is approximately 560 ft which is significantly long longer than the average drive. So there shouldn't be any reason for vehicles to create any type of issue on the road. So if you go to slide number seven, you look at slide number seven. This is This slide shows signatures of our surrounding neighbors that are in support of our home occupation. This l this list list does include every neighbor that is on our road that we sent a sent a letter out to. Slide number eight. This is kind of what Kayla was talking about earlier. This this letter of support is from um my closest neighbor, which is my brother. And um we we completely agree that if one of us were to sell our house, then we would need to start over, but that land's been in the family for as long as I can remember, so I don't see it leaving. So, all right. Uh slide number nine. Sorry, I'm going so fast. My seven minutes is going to go quick. So, example of potential days and hours of operation. So, if you This is This is kind of what we're thinking about. So, um, you can see several months we are going to be closed. Um, and then we we're pl we're going we we'd like to be open 24 days per year. Um, we're not going to be open every month and we want to be open on uh weekends only. Um, we did throw a Friday schedule on there just in case if a Friday Saturday combination worked better for us maybe because of our schedule than a Saturday Sunday combination.

Uh, slide 10. Um, this is Black Cat Antiques. Um, we wanted to find an example of a successful home occupation in Hancock County that is very similar to what we're trying to accomplish. Some things we would have in common is they are zoned agricultural. They sell antique furniture and small home decor. They have a sign on the property. Um, they are open on the weekends. Hours of operations are very similar. Um, I spoke with the owner about her process of establishing her home occupation and she stated that she asked the board to be open on the weekends and she said that she's usually open around 100 days per year. Um, Blackhead Antiques was recently voted the second best antique store in Hancock County. So, we think it's safe to say it's been a positive addition to the county and a destination that county residents enjoy. Um, the owner also stated that she's never had a complaint about her home occupation. If you turn to slide number 11, um this is another home occupation I'd like to compare. This is the overlook at Briney Creek. Um on this picture, it shows um it shows that it's a couple blocks from where we are, couple blocks from where we are. Um this is a beautiful venue for weddings and gatherings and has been wellreceived by the community. um similarities they have with us. They're located on a rural country road and uh they have a long drive to keep traffic a non-issue. Um our main reason for using Briney Creek as a comparison is because we feel the board might have might be apprehensive about granting us a home occupation due to the potential of crowds gathering. Uh Briney Creek is obviously in the business of selling gatherings and when I spoke to the family that owns it, they stated they've never had a complaint and I've and have only heard positive feedback about their home occupation. um their crowds were tower over the amount of people we're expecting. Uh we're hoping to average around five customers per hour, which u that could be just a couple cars if people ride together. Um we wanted to mention Black Cat and

Briney Creek, not because we think we should get get what they did. Um we bring them up because they were given a chance and are now now well respected, positive establishments in our county that residents seem to enjoy and we would like to be part of that group. Um that last page is a summary but I'd like to end with uh you know my wife and feel we my wife and I feel if you were to ask people who know us they would say we are good ethical community members. We care about our neighborhood and keep our property well-maintained. Aesthetically the barn will make a positive impact on our property. I've lived in Hancock County my entire life and grew up across the street from where I live now. I've even spent nearly all my teaching career just down the road at a county school. We couldn't imagine living anywhere else. Um,

one minute. We wanted to do this the right way and we will make sure this business enhances our area and county. Uh, we appreciate the concern you guys are obligated to have for the area and the neighbors surrounding a new home occupation. We just hope we have uh comforted any reservations you may have about us starting ours. We have some really great home occupations in our county because they were given a chance. We just hope that we get the opportunity to prove we will be one as well. Thank you. Great. Any questions? Maybe just a couple on the market research you did. Are there any other examples you didn't present or any that you came across that you chose not to put in the packet? Anything? Any any others you've came across? I'm sorry, I could hardly hear.

Any other examples besides Black CAD and Overlook? Uh, no. We just we just picked a I picked an occupation that was similar to what we were doing. Then I picked an occupation that was close to our area because Blackat's on the other other side of the city. Okay. I I mean this is just approved in 2010 and it looks like the I don't I think you had a mandatory notice of 18 people and you have 16 people immediately kind of signing. This looks like a much even in 2010 even today from 2010 less dense area for black cat. Um I I just didn't It's the uh sort of adjacent uses that I'm just trying to find out how similar you thought this was to yours. The Black Cat. Yeah.

They're the the So we're both will sell antique furniture cuz is that is that what you're asking? Oh, the the area who's around them versus you. Very similar. Oh, very similar. Yeah. Yeah. So, she when I when I went to visit her, um you pull in her drive, she has like a little designated parking area for you. She has like three three buildings that that she's using in in in there, but agriculture around her. Couple couple neighbors on the side of her, you know, fil like not but 18 neighbors that that's what I'm just trying to figure out the area.

Uh yeah, I'd probably say so. Yeah. If you if you went too deep like we had to do, I didn't pay a whole lot of attention to what was across the street. I know she had neighbors on both sides of her and and it seemed like there was a street that ran uh that was right before her establishment, right before her house that I'm assuming she would have probably had to send notices to. Another thing we discussed last time that's not in any of the packet that I'm seeing is the formation of an entity, a

business entity. Yeah, we we are already registered as a um uh sole proprietorship and we're thinking about switching to the LLC, but honestly we're we're you know we're not going to get with the attorneys and stuff on that till we just till we even can see if we have the business. But we already registered as a sole proprietorship. Talked last time about uh limitation of advertising to social only. No postings. Yep. Okay. Yep. Still that's that's the only way we'll get it out. We also talked last time which I don't see in the packet at all about substantial conformance with the the design as presented that are better. Uh you would be comfortable with that condition. Say that one more time.

Um so typically if we're presented with a rendering we say uh that the structure that is construct that is constructed needs to be in substantial conformance or better than what is presented. Yeah. Yeah. Without a doubt. Without a doubt. Like I said, that was the best I could come up with. So, build what you show. Yeah. Okay. Yeah, it it like I said, that picture certainly doesn't do it justice. It's that's just I used a barn building website to create that. And all right, all of them. Any more questions? All right. Thank you. Thank you.

Do we have anybody in the audience who wants to speak in opposition? Come on up. Just one. I have the full seven minutes since you're the only one. You swear 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. Please state your name, spell your last name.

Candace Jones. J O N E S. First of all, I want everybody in the world to make a business and do well. And I'm just concerned that my property backs up to this property. They have a long driveway. That's great. I have a long driveway. Mine's 700 feet long, so that puts my house further back towards theirs. Um, I walk back that way quite a bit. I'm concerned about um the cars being behind the barn. Um, I thought originally, and I was not here last time. I had surgery, so I apologize it was not here, but I thought the cars were going to be in front of the barn originally. Um, and maybe I misunderstood, but the cars being behind um, kind of concerned me at this point. Um, I walk my dog back there. I walk with my grandchildren back there. Um, I realize it it probably won't be a lot of traffic, but I worry about my peaceful enjoyment of my property. I worry about my value of my home. Um, we've put a lot of money and u hard work into this home and we had hoped to stay there the rest of our lives. Um, don't know. That's depending on how this goes. I mean, if it gets passed, it gets passed. And if I can live with it, I live with it. And if I can't, I move. Which means I put a lot of hard work into a house that I was hoping to stay at forever. Um, and and I really I mean, I have nothing against these people. I wish them the best of luck. I ran a small business, turned it into a big business, um, and sold. And so I get what they're doing. You know, I really I do. Um I just worry that it's going to interfere with my peaceful enjoyment and I worry that traffic will increase um in the area. 600's already pretty bad

with the semis, lots of accidents. Um 640, 600, and 250. Um so some of the things that I am worried about. That's all I have. All right. Any questions for Miss Jones? No. Thank you. Thanks for coming out. All right. We have three minutes for any government officials that would like to speak. No. Okay. All right. That leaves you uh Mr. Stevens with um Mr. and Mrs. Stevens with three minutes of u rebuttal time. Uh we did submit this so it should be under possible re uh rebuttal. So you should have a copy of this. I don't it's not in the packet. It should be in the staff the report saw that this right here. always submit this for now. I haven't seen that image yet.

you looking in the file for it? Um, it was submitted on time. It was okay. [Music]

Oh, great. Okay. Um, again, we appreciate the Jones's concern. We really do. Um, just to clarify, we live on 200 South and they are behind us on 250 South. Um, 250 South is only a mile long in the county. It runs from 600 East to 700 East. So, I can't imagine any of our traffic would have any reason to be on their road. Um, also if you were to if you look at this picture, so can't see all of it. Show there. Yeah, there we go. So, if you This is the distance from the back of their house to about where we're planning on putting the barn. And you can see that natural buffer between the two of us. thick thick woods. Um, and I own about 10 to 12 feet in that woods. Um, so, you know, we've got we've got a pretty good buffer between us. Um, you know, again, I've I've lived there for 25 years. Um, I've never seen them back there. I'm not saying that they they don't go back there, but because of the woods, I never see them. So, um, I just I'm not sure where any of our issues going to come with people coming to our residence and looking onto their property. that that barn that's existing there, that's the neighbor's barn, right? That you'll be next to.

Yeah. Yeah, that's my brother's barn. So, ours would be pretty close to where that is. The yellow dot is about where we're Yeah. So, then your your parking that's in the your rear parking will be similar. Yeah. Yeah. It won't go deep as deep as my brother's the right there. It won't go that deep because his his barn's running this way and ours will be running the other uh perpendicular to his. Okay. All right. Anything else? Any questions? No. All right. Thank you. Thank you.

All right. Any uh discussion here on conditions or just general um discussion. [Applause] [Applause] So, we have staff conditions that are all in the packet. And then uh there were a couple of that Miss Willard noted that might want to be added that we talked about last time.

There's probably two for sure. What what we didn't talk about today that is in our minutes from last time is the state permit for commercial that was required. And if that expires, we probably should have some expiration of the special exception. So that would be probably as a supplement to number two. Yeah, we can put that in. Those those are uh 12 months. And you have you have that. So when did that come approval a month ago? Okay. So say so yeah. So we've got 11 months left on that I guess or any renewals that that might

uh and then we would need to have a number six that the structure will be constructed in substantial conformance with the documents presented. That would be number seven, right? Be number seven. Yeah, you're under the special exception, right? Uh special exception five. Oh, the next page has a seven. There you go. Could you repeat that one more time? Uh, the structure shall be constructed in substantial conformance with the documents presented. Okay.

Last time we discussed limits of days and staff recommended that we have that discussion. So, I would defer to Yeah, the um they provided this uh template for a typical operating schedule which pretty much aligned with the way I understood the discussion last month. Um long weekends kind of hovering around uh holidays. So, this made made sense to me. I I don't know that we need to lock into that, but it sounds like that's their business model. So, I was I was comfortable with this. We can make a con a condition that it be in conformance to that template if you'd like.

Just last time we had said not Monday through Thursday and somehow we have four days September, October, November, December. Did I Yeah, I just assume long weekends. It says weekends only. So that' probably be a Friday, Saturday, Sunday, Monday or Thursday, Friday, Saturday, Sunday. I think they mentioned Thursday last time. I think that was excluded. Oh, was it? Even when we discussed last time I can look the minutes.

You come back up here, please. I'm I apologize. We'll talk about this schedule on the with the four days. Yeah. Um what what days would those be? So yeah, those would not be consecutive. So it would be like a Saturday, Sunday, one weekend, then a couple weekends later it'd be another Saturday, Sunday or a Friday, Friday, Saturday. So it would not be four consecutive days in a row. So you your longest consecutive would be three. Yeah. Yeah. If even that probably two, but again it's just one of those, you know, if we want to do a Friday, Saturday, Sunday, but it'll probably be a combination of either Friday a Saturday or a Saturday Sunday. But it won't be. No, those are not those are the total number of days in the month. Okay. Not consecutive.

So we could say So if we named a date, Friday, Saturday, Sunday would be the days. If we named a date days, I'd say Saturday, Sunday. Saturday, Sunday. Saturday, Sunday. Yeah. Okay. Right. Good. All right. I think I think we're good. Thanks. Okay. Thank you. And the other thing we talked about that I don't see anywhere is about the um online advertising only. No signage posted. Yeah, he was good with that. We could we could add that if you'd like. Probably a number eight.

Therefore, you don't need the variance for the signage, right? I waved it last time, but we should inquire. I guess that would considered be considered advertising if we did that, right? So, we I won't make you walk up here again, but the sign is still You still want the sign? Yes. Okay. Right. If we put one, it would be somewhere close to our front. Yeah. Can you say just attached? Yeah. Just attached to the building. Yeah. Yeah.

You want to make a condition in variance number two? I know it says number one, but it's the one on the last page.

It describes the sign for the sign. Yeah, we can add number four attached to building shall be posted on the wall of the building. Yeah. Want any size and sh we got the maximum square feet. Um do you want to make any conditions on the size? He was before. So yeah. So attach So you could make item number one be sign shall not exceed 32 square feet in area and be attached to the building. And do you have a question for him? That's mine.

She's got a question for you. So wear a path in our carpet here. I'm just mulling over this drawing in her comment. But um so you've got the barn up closer to the house and you got all your parking in the back. Why is it that you put station to like that? Why not put the barn in a little further back and have your parking in front where you're going to have your actually your doors to enter the

Yeah. Um that Well, that's a good question. So, the the parking that you see in the back, and Cayla mentioned this, I'm going to have that anyway cuz I'm going to have bait doors on the back to like get my lawn mower and tractors and stuff in. Um so, there's going to be gravel back there anyway. Honestly, the reason why we said it cuz we thought it would be better for the board to keep the cars out of sight. Oh. Well, so that's why we decided that it'd be best for them to park, but we will have gravel in the front as well. So So would you be opposed to shifting that barn back a little bit so your main parking would be in front? Because that seems to be Yeah. the Jones is concerned, everybody parking in back and out of sight, wandering behind the building.

We definitely can adjust that. Absolutely. Yeah, because we we still got plenty of room. Plenty of room to move back. Well, you could just say park in the in the front, right? Because there' be plenty of room. Shift the building back so your main parking is in front of you can still have gravel in back for your mowers and so you're not mudding up your back. Yeah. But I think that might appease neighbors so you're they're not out of mind and also easier for you to keep an eye on. Absolutely. We can like I said, our driveway in the front is exceptionally long so we've got plenty of room in the front as well. I don't think you're going to have the clientele that's going to go wandering around anyway. No. Somebody could be behind the building and fall and you wouldn't know it.

Yep. That's true. Okay. So, parking in the front. Number eight. All right. That's nine. That's number nine. Eight was the um advertising line advertising only. I have question about um number three. Were you adding anything about the days of the week that you discussed? 24 days per calendar year, weekends only, Saturday, Sunday and then

probably in substantial conformance with the uh limited proposed hours of operation as presented which is different though than Saturday, Sunday because they have Friday, Saturday, Sunday listed in their packet. I think page n does nine have that. I'm looking at their Yeah. page nine. Say that if you only want it. You're saying it's going to be a Friday, Saturday, or Saturday. Yeah. So it's Yeah. So we're one or the other. Yeah. One or the other. Yeah. So it' be one of those things if like we had something that we we needed to do on a Sunday. We would maybe do the Friday Saturday instead of the Saturday Sunday. So Friday Saturday Friday Saturday Sunday Sunday or sat or Saturday Sunday.

Correct. 10 to Yeah. 10 to 5 on Friday or Saturday, but 12 to 4 on on a Sunday. Yes. Then was there anything else um Lacy that you wanted on about his business entity or his I'm sorry commercial permit?

Uh that was amendment to number two. Um that special exception shall be called null and void. business ceases to operate for 12 months consecutive longer or the state permits for commercial operation expire. Okay. Thank you. All right. Any more discussion on conditions? All good.

All right. Thank you. All right. So, we have um we can deal with the special exception. So, we currently are considering conditions one through nine as presented by the staff with item two being amended to uh include or the state commercial operation approvals expire. Um item three being amended to say 24 days per calendar year Friday, Saturday or Saturday, Sunday. Uh adding item seven that the Oh,

I was and we're adding the times Fridays or Saturdays 10 to 5, Saturdays 12 to 4. Okay, that's Sunday for 12. Okay, Saturdays. This would be Friday, Saturday 10:00 to 5:00 on both of those days. Or if they decide to do Saturday, Sunday, it would be Saturday 10:00 to 5:00, Sunday 12 to 4. Okay. I think now we are in substantial compliance with as presented on page 9.

Okay. And then item seven was that the building be in substantial conformance with what was presented this evening. Item eight was the u advertising to be online only with the exception of the any signage on site approved by variance. And then item nine be that customer parking be in the front of the building. So those go with the special exception. The variance for the home occupation to be located on the outside of the primary dwelling. We didn't have any changes to the staff conditions one through four that I had noted. And then the variance for signage. We amended item one to be the home occupation sign shall not exceed 32 ft in area and be attached to the building. That was the only change there. So if that looks good to everybody, we can entertain motion. I don't know if we need a motion for each group or we could do a mo a motion to attach them to the applicable special exceptions and applicable variances as read. What do you all think?

Second. Oh, I didn't move it. I

you like them? More discussion. Um move to attach the uh recommended um conditions for the variance and special exceptions as read. As read.

Okay. All right. We have a second. All right. Okay. Okay, it's been moved and seconded that should the special exception be approved, it be subject to the conditions uh one through nine as discussed and read by the chair and should the variances one and two be approved, they be subject to the variances as discussed and read uh by the chair. All those in favor signify by saying I. I opposed. All right, motion carries. Did you vote? Okay. All right. So, with that, we can move to our ballots.

[Applause] [Applause] [Applause] Okay. Okay. In case number 25-2627, the special exception to allow the home occupation is granted. A vote of 421 with Willard dissenting

three

three, I'm sorry, 3 to one. Thank you. For case number 25-2627 and various number variance number one to allow signage on the accessory structure. Um there's a I'll do the signage first. Um 321 granted with Willard dissenting and for variance 25-2627 to allow for the home occupation outside of the primary structure. The variance is granted. A vote of 321 with willer dissenting. Okay, that's Thank you. Thanks for hanging with us. Get with U Maria or Kayla on your next uh steps for your permitting, please. Okay, moving on quickly. Item number two, a special exception and variance for an accessory dwelling unit. Item number two, board special exception and variance. This was a case that was continued from last month to this month. Um the petitioner Jeff and Kathleen um are requesting a special exception to a ADU and a varian to have that ADU um be in a detached structure. The subject property is located at 6 6214 North 400 East. Um it is in the Green Green Township in the agricultural zoning.

So this is a site plan that the petitioner provided showing the front section of the parcel. um showing what is on the front end of the property with the dwelling unit and some other accessory structures as also the drive and the septic field. And this is the back end of the property showing where the proposed ADU will be located and the setbacks of the ADU um as well as some of the other accessory structures located on the property. So in our accessory use and structure standards, it states that um accessory dwelling units um can be um in an attached part of the primary structure or located above a detached garage and it cannot exceed 850 ft in living area. Um therefore they're requiring that variance since um the ADU will be located in a DAT structure. Um and in our land use chart, it shows that a accessory dwelling unit is a special exception. Therefore, they're requesting that tonight. Um you can also see some of the elevations that the petitioners provided of how that um accessory dwelling unit will look like. We did receive a letter of support that should be located in your packet. We did not receive any letter of monstrance, but we did receive um a call from a um neighboring property um addressing wanting to address some of her concerns about drainage. Um so, as you can see in

the staff report, uh highlighted marked down in blue is the subject property. and that section that's um labeled blue with a that is um the flood plane. Um her concerns were about um the impact this might have on the drainage. Uh we consulted with the surveyor office who deals with um drainage concerns um flood planes of um of that and they um stated that this wouldn't negatively negatively affect um the adjacent properties. Furthermore, um once they apply for the permit, this would be um under review through the surveyor office to review drainage um being in compliance with our standards and um drained properly. So, this is a special exception. Um staff is recommending approval with the following conditions. These are from your typical conditions. Um also taken from a previous um ADU that was approved last month. Some of their conditions um due to the fact that they're um requesting similar of having this ADU more of a longer term. Um so the conditions read as as follow that the accessory drilling unit shall be um for the exclusive purpose of providing a temporary residence for the special reception holder personal use and shall not at any time be used for rental or short-time rental. The special exception shall be limited and run with the current owners and shall not be transferable to any owners um subsequent owners. The third condition, the property shall be served by a single electric meter, gas meter, and mailing address. Fourth condition, the owner shall seek and obtain the occupancy permit and

annual annual occupancy permit for the accessory dwelling unit. Uh the fifth, the BCA reserves the right to provoke the special exception at a public hearing if the accessory dwelling unit um is demonstrated a constitute of a public nuisance. E6, uh, the owner shall record a commitment to satisi satisfaction of the planning director stating the above terms. Seven, um, the a building permit or improvement location permit related to the special exception must be obtained within 12 months of the above approval date and the occupancy permit must be obtained within 12 months of the approved permit or the special exception will automatically expire. And the last um condition is that the architectural renderings um must receive staff approval prior to or concurrent with the application of the building permit. They also have a variance with this request to allow the accessory drilling unit in the accessory structure. For this we have a recommendation of approval with the um following three conditions that the variance is granted. Um hearing shall run with the property but only remain as so long as the special exception. Um the second condition that the BCA reserves the right to modify revoke the variance at a public hearing if it determines that the um ADU sorry constitutes a public nuisance. And then the third um that a building permit and or um approve a location permit um to the variant related to the variance must be attained 12 months of the approval date and an occupancy permit must be attained within 12 months of the

approval of the permit or the variance will be automatically expired. Are there any questions? It's um I was just clarifying for myself that the zoning is agriculture. Yes. Twoacre parcel. Yes. And this construction location of the proposed ADU would be by the existing home single family unit. I'm sorry. the the location of the proposed AD would be fully screened from 400 by the

so it would be located towards the back end of the property a back of the residence um and then there also show on the site plan some landscaping as well around it so it would be screened right any more questions there any more if there are not any more questions I'll turn it over to the petitioner petitioner y petitioner here. All right.

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? State your names and spell your last name. Yep. Forest. V is in Victor. O R H I S. You have seven minutes. Guess it's go time. Yeah.

Uh not much a speaker, but um want to bring my parents in from Illinois. Uh they're in their 80s. Um both have issues that's oncoming more and more. So, I want to be able to take care of them and not send them off to some kind of assisted living facility. Um, but we do we do want um to use because we have four daughters, right? So, we would like them we would not like to tear something down that we put there permanently, right? So, we would like to be able to use that in the future in case one of the daughters run into trouble. Um, I really don't have much to say. the drainage thing that come up. I mean, um, it's all downhill. That whole area just runs downhill and it's always been a flooding issue. We've, uh, and it wouldn't have anything to do with a a unit that we' put on the property. I mean, it's still going to it's the water's still going to flow that way. Um, we asked the county when we first got the property, they come out and fix the drainage ditch because it was broken. So, since they've done that, that that situation has gotten much better. Um, so I called Scott Williams like a year after we got there, realized there was a problem and and they fixed that. So, that's better. Um, other than that, I don't have much more to say other than just trying to take care of my my parents and my family. you know,

be uh probably good to show the staff recommendation conditions just to make sure you're okay with those.

Um there's there's some here. I guess we can look at any objections. Well, I I'm I'm not um I the the word temporary keeps coming up and I don't want the building to be temporary if we have to put it on a permanent foundation. So, um, so I in in my mind, the way that I've always looked at the word temporary used with the special exceptions for home for accessory dwelling units is really what comes down to item number four where you're you're reporting uh to the to the planning office annually for an occupancy permit. So if you do not do that, then you need to do away with the the structure. So so long as you're living there and you're coming and filing for your annual occupancy permit,

right? It's still temporary, but you're using it indefinitely as long as you're you're doing that. And what that does, it gives it gives the building department a chance to come and make any inspections. It's a reminder for all of that each each year. So we should probably maybe we should go to this first set of conditions if if we can go to those and see them. The special exception conditions.

Yeah. Because um that's one instance where a permit might not be granted. There might be uh if you take a look at number five, if there is a um another public hearing where it's there there's a demonstration of public nuisance, that might be a reason that the structure would need to be removed. That would have to be at a public hearing.

Well, I I I just saw at one point where it said if we ever sold the house, then it would have I mean, basically saying it was has to be gone, right? I mean, so, so if you go through the expense of putting the property back there, um, I mean, you know, it has for us, it has to be, um, we're not rich people, you know, so when we put um, we put the structure back there for my parents, daughters stay in it. I mean, the expense of tearing out a a temporary structure. I'm reading as temporary structure and maybe I've got misinterpreting that whole thing. Um but I would rather not tear it out. I'd rather leave it there. I'd rather um you know be able for my daughters to come into town, for family and friends to come in town, not stay in a hotel, stay there. So um that's that's the way I see the whole thing. And I don't know if I'm right or wrong, but um

well, I might not be right either with what I'm about to say, but if you were to sell that property and that building was still there with a kitchen and all that stuff sitting in it, it it's the new owner's responsibility to now come file for an annual occupancy permit if they want to use it. Right? If they don't do that, then they're going to have to not necessarily remove the structure, but it can't be a residence, right? So, that's when we get into the removing of the kitchen and all that stuff. I can just say what I'm going to do, you know, and what I want to do is what I'm telling you. Yeah. Um, I can't speak for anybody that may buy the home in the future, but yeah, if they have to do that, they should do that.

Yeah. Well, I was I was interpreting your concern that you're going to have to tear it out if you were to move. Yeah. And I don't You could sell it with it there, but you would need to let the the new owner know that this thing has to be dealt with. I understand that. should probably put a caveat to that is that it might be these things are handled during a purchase and sale might be before the property transact discussions between the parties, the buyer and the seller about how to handle that. Sometimes it's a contingent approval for us in order for that to transfer. So it's not just the buyers on their should

just so you're you're you're familiar with um some of the procedural matters that that you're concerned with. Okay. And the the only other thing are you intending to charge anybody rent your daughters or No. Okay. I mean, okay, you know, maybe as a learning lesson for a daughter, you know, when they when they didn't pay their rent, we might say, "Hey, you have to pay so much." But when they get their own apartment, they'll get all that back. It's never intended for gain of any sort. It might be a teaching lesson, but it won't be for gain at all. It'll it'll it'll go back to whatever they put into their apartment when they get one.

We just don't have the ability to change number two because a special exception by definition runs with with the current ownership. But there's always opportunity to reapply um through a contingency of contract if needed. But I think we've covered I I just want to make sure we are Yeah. That's the only concern I have is is the word temporary. I mean that's what it means. I'm not quite sure. But but whatever whatever you guys think I got to do is Right. Right. Any more questions? Have you done the research yet to know whether you have the power andor gas available to handle your facility.

I have right now because we we built that uh we built that new garage behind the house. Um I'm having all that redone right now. So there's going to be a pedestal in place and we are going to be able to put 200 amp back. Okay. Um so yeah, Ninstar Ninstar and my electricians doing all that right now. Okay. So regardless of whether or not we get the the the ADU, we still need to power the barn. So yeah. All right. Any more questions? All right. Thank you for your time. Yep. Yep.

Do we have anybody here that wants to speak in opposition to the special exception and variance? All right. Any government officials that would like to speak? No. I assume you'll wave your rebuttal time since you've got nothing to rebut. So yeah, you're welcome to rebut Mr. Rubble if you want. But I would like to mention thanks to staff for um being very agile and picking up some of the conditions from last time. Much appreciated. Y I am. Yes.

Go to the special exception and variance receive approval. All staff recommendations from both the special exception and the variance will carry. I'm not making any amendments. Second. All right. Been moved and seconded that should the special exception and variance be approved, they be subject to the staff conditions un amended. All those in favor signify by saying I.

Opposed. Same sign. Motion carries. Can move to your ballots now. A case number 25-2628 for the special exception to allow an ADU. Um, it is granted a vote of 420.

All right. Number 25-2628 for the variance to allow an ADU to be detached. The variance is granted a vote of 420. Okay. All right. I just encourage you to make a note in your calendar each year to don't forget that occupancy permit each year with Mr. Dennis. Thank you very much.

All right. Thank you. Um item number three, looks like Nicholas Stoultz. We have an accessory dwelling unit. Seems to be a hot ticket. kind of exposing our needs, right? Zoning ordinances. So, item number three, um, STO special exception and variance. Uh, the subject property is located at 3878 West 600 North in the Vernon Township under the agricultural zoning district. The petitioner is requesting a special exception to allow an accessory dwelling unit and a variance to allow the ADU in an existing accessory structure. [Applause] So the petitioner provided some elevations of how the current accessory structure would be modified in order to convert it into the accessory drilling unit. So this is the front elevation of the existing garage and how he proposed to modify that. And this is the rear elevation of the garage and how he um intends to modify that. So once again to briefly go over our accessory use and structure standards. Um in the a zoning this is a special exception and due to the fact that this is in a detach accessory structure it requires the variance under our accessory used and structure standards. Um, in this section of the staff report, it

shows on the two sides of the garage how he intends to modify on one side and the other one. He plans to add no changes on that. So once again, this is a special exception for the um accessory dwelling unit um with the staff recommendation of approval with um the typical conditions for ADU um and a variance for the um ADU to be in the accessory dwelling unit. Um I'm sorry, the accessory dwelling unit to be in an accessory structure. Um the conditions for the special exception like I said are the typical ones um with the addition that the architectural renderings provided um be concurrent to the um architectural render must um receive staff approval prior to or concurrent with the application of the building permit. Um and then the conditions for the variance um similar to the previous one uh previous ADU um the variance shall be granted um and shall run with the property um but only remaining as long as a special exception and the BCA reserves the right to modify or provoke the variance at a public hearing um if it determines that it's a public nuisance and a building permit or uh improvement location permit related to the variance must be obtained. obtained within 12 months of the approval date or in and an occupancy permit must be attained within the 12 months of the um approval or the variance will automatically expire.

Any questions? The only question procedurally I have is that usually with the special exception we have attached the notice addresses. Was there a notice that occurred with this? Yeah, the notice um was done um thought that I saw that actually somewhere. I thought I did, but it's not here. So, Yeah,

maybe it was online. Might have been. Yeah. So, yeah. And Maria, you I the square footage of this garage is well under the limit. It was we don't have a square footage issue with the garage, right? It's well under the limit. Okay. On coverage, uh the eight whatever the size. Yeah, the size limitation 850. So we have a variance for that. So okay, any more questions for Maria staff?

Okay, I'll turn it over to the petitioner. The petitioner here. Come on up. 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. Please state your name and spell your last name. Nicholas Stoultz, S t. You have seven minutes. Go ahead.

Hello. I don't have a lot. I'm just wanting to put a Sorry, horrible public speaker. Um, just wanting to put in an accessory dwelling for my parents. They're both in their 70s. Dad doesn't get around very well, so hoping to help mom out with with that. Um, we don't use the garage for a lot. We don't park in there or anything. So, um, it's a good unit to transform into this. So, questions for me. The garage is 24 by 28, by the way. It's 600 feet. Okay. So, if that helps, we we should just take a quick look at the exception or the the conditions to make sure you're okay with them. Probably the special exception.

A quick look. Um the and if you were listening the last time around, it's going to be a little bit of a of a repeat, but uh do you intend to utilize this at all for rental or short-term rental at any time? Not at all. And personal use for your parents or family or Yes. Yeah. Truly, when my parents are done, it'll be put back into a garage. Okay. Any any objections to constructing it with substantial conformance to the architectural drawings that were presented?

Oh, no. It'll be Yeah, sighting will all match. I have extra sighting already um in the shed and everything. So, everything will match. Front door, everything. Patio door will all be brand new. Have an electrician already quoted it out. Have a blumber that's already quoted it out. Talked with the septic. I forget which division that is here, but um he said one bedroom wasn't an issue. um he just wanted to see it before we closed it up. So that would be fine. I have no issues there. So um and I don't have any issues with these. This is fine. So hopefully get the building permit tomorrow. Hopefully. But okay. And you're okay doing an annual occupancy permit? Good. Right. Thank you.

That's perfectly fine. All right. Any more questions for the petitioner? No. All right. Thank you for the packet. Anybody want to speak in opposition to this variance special exception? Any government officials? I assume you'll wave your rebuttal. Nothing to rebut. Got it. Okay. Any discussion? Yep. Should the special exception variance receive approval, all conditions as recommended by staff will attach with no amendments. All right. All right. It's been moved and seconded that should the special exception and variance be approved, they be subject to the staff conditions as presented this evening un amended. All those in favor signify by saying I.

I.

Oppose. Same sign. Motion carries. And fill out your ballots. exceptions. variances. [Applause] Special exception variance. Okay. Okay. Case number 25-2635 for a special exception to allow an ADU. The special exception is granted a vote of 420. Case number 25-2635, a variance to allow a detached ADU. The variance is granted a vote of 420. All right. Thank you for your time. Make sure you mark your calendar for those home occupancy or those ADU permits. Occupancy permits. Okay. Items four and five are quite similar. Maria, are you going to present them together?

Yep. I'm presenting them together. Um, but they'll just be on different ballots. Okay. So, we'll and the petitioner is okay with us hearing them together as one voting separate separate ballots. Yes, we're good with that. Okay. Item number item number four um four and five east development. Sorry, go ahead.

Item number four and five um East Development LLC track three and track four are varants. The petitioner East Development um is requesting a two variances for the reduction of road frontage. Um the subject properties are located approximately on um 1700 West 600 and approximately at 1600 West 6 West 600 South. Um both properties are located in the Brandy Wine Township under the um agricultural zoning. Um to briefly go over the history of this. Um this was um previous previously um heard at the board of zoning appeals um in uh August of 2024. Um they received an approval with conditions for one variance um for both tracks of land um to reduce the required 25 ft 125 ft of road frontage to zero for both parcels that exceed the 10 acres in size. Um the approval came with some conditions um that a certification should be in your packet um for your reference. Um the petition was one um variance for both track um but due to the fact that they didn't meet the condition of getting a building permit in the um set time frame in the condition of approvals um it was expired. So therefore, they're here again requesting that um but instead of just one variance, it's um two variances, one for each track of land.

So in our standards, our lot standards, um the minimum lot width um shall conform with the required um zoning chapter. In this case, it's um in the agricultural zoning where it states the minimum lot width is 125 ft. Um, as you see in the, um, survey, um, track three and track four are what we, um, define as line lock because they do not have, um, access to, um, road frontage on a public road. Um, so they are requesting that variant um, due to that fact. [Applause] Uh we also note that um the recording of the split um doesn't automatically make them a buildable lot. um they still need to meet that road frontage even though they were exempt from platting um because of the um provision in our subdivision where it states that 10 plus acres of tracks um are exempted from platting. Um but although they were exempted that doesn't automatically exempt them from lot standards. Also in your packet um you should find a statement of intent from the petitioner in which um they state that um the subject properties um of the petition they are wanting to build a new home for himself and his son so their families could reside in close proximity in um larger pieces of property.

So, um, like I said before, this is a variance. Um, the only thing different from this petition is that it's being addressed as two different variances versus, um, just one as the previous one was. Um, we kept the same conditions as the original one. Um so if the board chooses to add anything else um they could do so but um the conditions were taken from the first approval and just apply to each variance.

Are there any questions? I I did have a question on I should have asked this sooner. I was under. So item number four I think is where some of the confusion stemmed from is the driveway permit for the shared driveway. What is the status of that? They I mean they they have that right? They have the driveway permit and ask them when they come up. I'm sure they know. But um can you repeat that one more time? They're shaking their heads. Yes. But the driveway permit is in hand. So Okay. So what how does that affect if this um variance is approved with that with that condition? It's just satisfied at that point. Okay.

All right. Any more questions? Okay. I'll turn it over to the petitioner. Thank you, petitioner. for 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. Tell your last name. Tom East. Easyhead. You have seven minutes. Okay. Yeah. I I'll just clarify quickly. Yes, we have the permit uh and the drives already in.

That's what I thought. Yeah. Um, so yeah, the only reason there are two variances being requested now versus one is because we've already restructured the property and that's all been uh what is it with the county? It's already record. It's already been recorded with separate. So originally it was two. So it only required one variance. Now it's two because they are two separate pieces of because of the way that the lots were separated when we bought the place. There was a northern parcel and a southern parcel, but now we have actually recorded the individual lots after we got approvals. We recorded.

Yeah. So, we're we're not asking for anything that we didn't already get before. Um, as you guys probably know, it takes time to get things done and took a little more time to get uh a road or a drive built and drainage in and u we even have gas in there now. So, we we met all of the conditions set forth before uh other than applying for this building permit. So, now we have uh we obviously it's hard to sell property to somebody who wants to build a house if they don't know if they can build a house on it. So, we've got buyers, they're ready. We told them we would come reapply for the variance. We need to get this variance so that we can move forward with that and get those two closed. Um yeah, other than that, uh it's that's really

I think you answered my first question, which then was condition number one is the 12 months, but if you've got a if you have buyers, then that shouldn't be a problem. Correct. Okay. So, yeah. How long do you need? Well, do you need more than 12 months? Well, I mean, usually we we shorten it, but So, that was kind of the problem that happened before. Mhm.

Um we we thought that in the meeting that had been removed that that that particular item prior to the meeting I mean was removed. So when we had our last meeting that wasn't on there. We weren't going to talk about this because it's irrelevant. It turns out that apparently that's above this council I guess. So we were told that that's an Indiana state thing that it has to be in there. So I don't I mean I would like if we can do longer than 12 months yeah that'd be great. But I don't think that's possible what I've been told. There was a misunderstanding, I guess. I just was wanting to make sure that you were going to be able to do everything inside of the 12 months. So, we sat with the buyer. Buyer said, we said, "Look, here's here's the situation. If we get this, you've got 12 months to apply,

okay, for your building and then you've got 12 months from there to get to a certain state of build." Yeah. Or you're going to have to reapply for this. And they understood that and they accepted that. Okay. Got it. All right. Well, I think we should note that there are a lot of conditions that are above us that we have to comply with unless otherwise noticed. Uh and so and some we can change and some we cannot depending upon the notice. Okay. So that that we put it on here and it's a it's a nice thing to have. It's uh kind of a courtesy so that we can discuss it in these circumstances. Yeah, we understand that now. Okay. Oh, got it. Okay. Good. Got it. Yeah.

But 12 months you'd like to require sometimes we we compress that time frame to the but 12 months is what you'd be requesting. Well, I mean, he he to be fair. Yeah, he he's a little the be one buyer really is buying two properties and it's for two of his kids and the one is absolutely ready to go. The other one he's a little nervous about and he's a little nerv I'm sure he would be happy to have an extended period of time perhaps 24 months if that would be something you would consider but if not then we're happy with 12. Don't think we can extend it. No, without notice. Yeah, not without notice. Yeah, we make it worse. You know, 12 is perfect. That's exactly what

Just don't go lower. That's usually what I would We can't make You're going to have to answer that one. It was noticed as 12 months, right? Yeah. Is was in the notice. 12 months was I think that's what they're asking. they run into some problems, they can we can do this questions for me. Do you expect any other variances to occur on those or other lots? No. Okay. And then um last time we talked about design standards, any changes to the It's not in the conditions. I think we waved putting them in conditions to the design standards of the construct. They're the same as they were before.

Yeah. Nothing has changed other than we've had these reported as individual. Yeah. The only Yeah. The design standards are the same. Custom homes approval by us, that kind of thing. All right. Any more questions? Gas. It has gas. Yes. Gas has been brought back there. Yeah. LP. No. No. Fountain. No. Fountaintown gas has brought gas back there. Yeah. Never mind. Sy's like, I didn't do it. I didn't do it. That's why. Wrong gas company. Wrong gas company.

She's the gas company. We're not supposed to call somebody. All right. I think I think Yeah. So, just just to clarify that the conditions that were set forth before we we met just as we agreed to. Mhm. And we just uh there was a little confusion or anything on the 12-month thing. So, that's why we're back. There was. Yeah. confused me when I saw it again, too. So, don't feel bad. So, all right. We're all good now, I think. So, all right. Any other questions? No. All right. Thank you. Do we have anybody wants to speak in opposition of these two variances? Bill's over there like, "Yes, I want to."

All right. I assume you'll wave your rebuttal since there's no remmonstrance. Any government officials? No. All right. Any discussion on uh I'll make a motion conditions. Okay. Uh should this variance uh on items number four or five be granted all staff conditions as drafted will attach. Seconded. All right. been moved and seconded that should these two variances for track three track four of east development be approved they be subject to the staff conditions uh one through five as submitted. All those in favor signify by saying I

oppose. Same sign. Motion carries. Fill out your ballots.

You should have a ballot for each parcel. [Applause] Okay. Case number 25-2636 for a variance to reduce the required uh road frontage. The variance is granted a vote of 420. And in case number 25-2637 for a variance to reduce the required road frontage, the variance is approved, a vote of 420.

All right. Thank you guys. I appreciate it.

All right. That moves us leaprogs us to item number six. Special exception for animal stable. Item number six, right special exception and variance. Uh the property is located at 3534 North Forest Lane in the uh Center Township under the residential 1.0 zoning district. Um the petitioner is requesting a special exception to allow a animal stable um/chick coupe uh at the primary residence. So in your package um you should find the site plan that the petitioner provided. So the petitioner is proposing the construction of a new chicken coupe that would be um 8 by14 towards the back yard of the residence. This would allow the petitioner to have uh 10 chickens to obtain eggs and natural fertilizer for their garden. Uh they are raising chickens for educational purposes for their daughter um that has interest in showing chickens at the state fair and other poultry shows. [Applause] Uh Maria, I just want to

Yes. quickly here. The backside of the ballots have the Stoultz case on them. Okay. So just scratch those out um real quick. And then we have a special exception ballot, but we're we we don't have a that's all we need is a special exception. There's no variance, right? I thought I heard you say variance. Okay. So, we're good with just this this ballot.

Yep. Yeah. All right. So, just a special exception. Okay. Sorry. Yep. All right. So, the petitioner provided a um elevation of how the chicken coupe will be built. Um and in our definitions um animal stables is defined that the use of any structure with stalls or compartments in andor land where animals excluding dogs and cats are sheltered. And then in our land use matrix animal stables are under the residential 1.0 um zoning district is a special exception. Therefore they're are requesting that tonight. Also in your packets um you should find the letter of supports that we receive um for this petition. We received a total of 11 uh letters of support for this pet petition. Um we did receive also one letter of remmonstrance that should also be in your packet and the petitioner also submitted a rebuttal to that remmonstrance also um that should be in your packet. This map shows um all the letters that we receive where they located uh in proximity to the subject property. Um, so marked out in stars are all the properties that submitted a letter within the deadline. So this is a special exception. Um we

took um the conditions for um typical conditions for animal stables. Um so staff is recommending approval with those conditions. Um the first condition reading um the owner shall seek and obtain an an improvement location permit to keep and maintain the chickens on site. Uh the number of chickens or roosters on site shall be limited to 10 hens and chickens and zero roosters. Uh typically we have that number at 12, but the petitioner expressed that he would have um just 10. So that's why that number was modified. Um the special exception shall automatically expire if and when the owner cease the activity for 12 consecutive months or longer. Uh the special exception shall become null and void if the business cease operation for 12 consecutive months or longer. Um, the special exception shall run with the petitioner and shall not be transferable to any other owners or entities in the final condition that a building permit and or improvement location permit related to the special exception must be obtained within 12 months of the above above approval date and an occupancy permit must be obtained within 12 months of the approval of the permits or the special exception will automatically expire. Are there any questions? One question. We typically have another condition um that uh maybe I just am not maybe it's a new terminology. The BZA reserves the right to revoke the special exception at an advertised public hearing if the activity is deemed to be a public nuisance. Should we

that um we didn't add that, but you're more than welcome to add that. Got it. Thank you. Any more questions? Nope. I will turn it over to the petitioner. It's petitioner here. Come on up.

Hi. Do you swear or affirm under the penalty perjury that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? I do. Spell your last name. Uh Jerry Wright. Writ.

Seven minutes. Uh, first I'd like to thank the staff for their recommendation for approval with condition, plus all the support I have got from my surrounding neighbors. Um, I did do a rebuttal to the one neighbor that objected to the chicken coupe. I think I used facts and a maintenance plan to negate his allegations for uh past property upkeep, chicken coupe size, waste runoff and drainage, neighborhood property value, noise order, and uh predators and wildlife. I'd just like to say um leave it up to the board for the best interest of the neighborhood.

How do you choose the size? Uh just the recommendation from the the coupe builder and we won't be building the coupe. It's already pre-built. They're just delivering it to the property if it it's approved. Does it uh the intent for it to stay in the same spot indefinitely? I know some of these things they move them around. No, it will be permanent structure. Okay. My plan is to put a hardware cloth underneath to keep predators from from digging underneath the coupe and trying to get to the chickens.

Okay. Sometimes we see these coupled with a 4 or what's what is the sort of intent? I mean it's chicken coupe obviously but any other intent for use use just to get eggs and my uh my parents have chickens and my daughter loves them and she wants to show some birds and she loves playing with them like eating eggs. So okay any other questions? All right. Thank you. Thank you.

Do we have anybody here that wants to speak in opposition to the special exception and variance? Have any government officials? We'll assume you'll re you'll wave your rebuttal since you don't have any remmonstrance here this evening. Any uh discussion? We just have five uh standard conditions and we could add we talked about No one else was here to speak in favor of it.

Yeah. Yeah. Did we have anybody else that wants to speak in favor? No. Okay. Any discussions on the conditions

number six is right. So, so yeah to revoke the I don't remember the specific language but to revoke the ability to revoke which is inherent but good to note. Can

we just maybe discuss a bit the remrants? I think the maintenance plan we would want to make sure that there is a um a condition to have substantial conformance with the maintenance plan as presented. Anything else from the maintenance size, health concerns, predatory wildlife? I don't think we usually do anything with any of that.

No. So this the reason I ask is there's um the standard that we had originally is that it is deemed to be a public nuisance. We do have the option of tying the BCA reserves the right to revoke at an advertised public hearing. If there's deemed to be a public nuisance or there's no compliance with the maintenance plan. Oh, okay. You can make that all one. So I'm making those.

Mhm. Sure. Either would be grounds for for action. Um, so Kayla or Maria, this sanitation and maintenance plan is is part of the file. It is okay. And petitioner, you consent to that condition? Yes. Okay. He said yes. for the record. Right. Well, then I will make a motion. Okay. Anything else?

I was just Where is the maintenance plan? Do you have that to for us to see part of the um letter? It was on the very back. Yeah. Last page. Last page.

Okay. Okay. So, we're basically copying that over perhaps into the Well, uh, then I can make a motion if we're all right. Um, should this uh special exception receive approval, then all staff conditions would attach in a new number six, the EA reserves the right to revoke the special exception at the advertised public hearing if either the activity is deemed to be a public nuisance or uh there's not substantial conformance with the maintenance plan as presented in here and incorporated. require that. Okay, that's my motion.

Second. All right, it's been moved and seconded that should the special exception be allowed to be subject to the staff conditions one through five and adding item six as stated. All those in favor signify by saying I.

I oppose. Same sign. Motion carries. your ballots. A case number 25-2638 for a special exception to allow an animal stable chicken coupe. The special exception is granted a vote of 420.

All right, all set. Thank you. Scott. Um, you guys actually Oh, sorry. It was Sandy. Sandy. Sandy. Sorry. What happened? Who second that? Oh, I'm sorry. I did. I'm good. You guys are good. Need a break? Oh, good. Bathroom. I'm good.

Anybody wants to buy the chairman of Snickers or nothing like that? Okay. All right. All good. Item number seven, Mr. and Mrs. Cole, setback variance. Item number seven, um, coal variance. The, um, petitioner Michelle, I'm sorry, Michael and, um, Sher Cole uh, are requesting a variance for tonight. The subject property is located at 1286 North 400 East in the Center Township uh in the residential 2.5 zoning district. Uh the petitioners for tonight are requesting a variance to reduce the required sideyard setback of 15 ft to 7 ft in order to allow the construction of in addition to the um home. [Applause] So at the top um of the report you can see um the left elevation where the addition is being proposed. Um the site plan um shows um in red where that addition will look um like on the home. Um the addition will be 10x 25. Um the location um was determined to be the most suitable for um for the addition um with the four reasonings they provided in the letter

of intent. Um those reasons being that um it is in close proximity to the master bedroom um which is where the addition intends to be served. Um the location of the existing water supply um imposes some limitations on other placement options um as well as the sector system also restricts um placement as well and the constraints on the nor side of the structure where the existing garage and drive are paved. Um therefore that's why they chose that location on the home um for the addition. And this is the elevation um from the front of the property how that addition will look like and it would match all um architectural of the current um home. So the variance they're requesting is is from our residential 2.5 standards under our lot standards. Um number six where it states the minimum sideyard setback um should be 15 ft. Um because of where the property line sits um with the addition it only um allows 7 ft of that separation from property line to the addition. Um therefore they're requesting that variance. So the request for tonight is to reduce that 15 ft uh sideyard setback to um 7 ft to allow the construction of of the addition. staff is recommending approval with the conditions of um the variance approval shall only apply to the addition and shall run with the property. Uh the second condition that the building permit related to the variance must be obtained within 12

months of the approval date and the occupancy permit must be obtained within 12 months of the approval of the building permit or the variance will automatically expire. in the final condition that a stake survey must be obtained and stake um and remain in the ground until final inspection is completed. Are there any questions? No questions. Okay. All right. Thank you. I'll turn it over to the petitioners. All right.

Come on up, petitioner. If you all three would like to speak, then shall swear you all in. Swear 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. One of you state your name and spell your last name. Brad Arthur. A r t h r. Sherry.

Right ahead. You have seven minutes. So, as we were going through the design process for this addition, we looked at the back of the property and found the septic tank in the way. Looked at the front of the property, found the well to be in the way. So, we were left with going to the side, the south side of the property, and the setback being 15 ft. We're proposing to build 10 feet. That's the foundation size. Um, leaving 10 feet between the foundation and the property line. and we're asking for seven feet to accommodate for the overhang, the sophet, and the gutter. So, that's what that difference is. Um, in the meantime, we had MJ Gibson do a sta staked survey, and that those stakes do exist, confirm the 20 ft and the 10 ft. Uh, and that drawing has been prepared. Unfortunately, we did not receive it in time to present to you, but we do have it with us this evening. It is complete and it's in our hand if you want to see that. Okay.

Objections to the uh conditions outlined. Um would you have any objections to us uh adding a fourth that would require the addition to be substantial conformance with the plans presented and um the the drainage there's going to be not very much I know but um downspouts pointed away from the property line something we typically do just to keep extra drainage age from heading to the neighbor. The current downspouts um are heading away from the property.

The drainage is to the south away from the property will maintain the same direction with our new downspouts. Okay. And there was no any any conversation with the adjacent property owner at all. There was nothing in the there has been conversation with them. We've acreage and then we also saying could we just buy Okay. So, you did make that attempt. Okay.

We even called the realtor that is listed um with the farm ground around us and that phone number is no longer in service. So, I'm not sure how else I can get a hold of. They were obviously notified. They were in your notification list. Okay. Okay. Okay. All right. Any other questions for the petitioner?

None. All right. Thank you. Do we have anybody that wants to speak in opposition to this variance? Any government officials? And I assume you'll wave your rebuttal since you have no remmonstrance. Okay. Any discussion? But I'll I'll move. Okay. That uh move forward. All right.

Yes, I am. Um that should this variance receive approval then all staff conditions would attach an addition a fourth condition that the uh addition will be constructed in substantial conformance with the plans as presented. Back up. All right, it's moved and seconded that should this variance be approved be subject to staff's conditions one through three and fourth condition as stated and Miss Willard. All those in favor signify by saying I

oppose. Same sign. Motion carries. Thank you. Okay. Case number 25-2640. The variance to reduce the sideyard setback 15 to 7 ft is granted. A vote of 420.

All right. Thank you. Appreciate uh your efforts to try and purchase additional ground. That was uh one that I don't think I've ever gotten that answer before. So, good effort. Good effort. So, yeah. Thank you so much. All right, we are doing good. Item number eight, road rage solutions variance uh maximum height requirement variance but creek.

Last item on the agenda is road ra solution variance. Um the petition of road ra solution um is requesting a variance for tonight. The subject property is located at 1323 North 300 West in the Buck Creek Township under the agricultural zoning district. Um the petitioner is requesting a variance to exceed the 35 ft maximum height requirement to 85 ft to the peak of the Koopa for a storage barn and airplane hanger. So, this particular project has um a couple um of granted approvals. Um to go over it briefly, um back in October of 2021, a special exception was granted to allow the private airship with several conditions. Um that approval letter should be in your packet for your reference. Um then they also were granted a height variance back in 2023 in September. Um where the petitioner um was granted the height variance uh same as they're requesting tonight. Um the petitioner was given 12 months for from the approval date to obtain a building permit. Um and the petitioner was also required to obtain a occupancy permit within 12 months of the building building permit approval. Um failure to meet any of those requirements would result in the automatic expiration of the variance. Um the petitioner did not receive the occupancy permit within the required time frame. Therefore, the variance was automatically expired. Um which resulted for them needing to reapply for the variance um once again.

So going over briefly, um we took um this from the previous staff report where it just goes into the height limitation in our current standards. Um this is this property is located in the overlay district. Um the petitioner in the first um the first petition had submitted a um Indianapolis airport authority letter. Um um in this section of the standards, it states that um accessory structures must be built to 35 ft or less, which um is also more restrictive in the overlay AP airport overlay district. Um, so in that special exception in 2021, um, it required that the architecture of the airplane hanger must u match the existing structure. Um so this is that elevation showing that um which also should be located um in your packet as well. So the building is a uh the building square footage um is approximately 8,000 square ft. Um in the section of our height standards um it mentions that the intent of the height standards to protect the public health, safety and general welfare by providing adequate lighting, air and be um ensuring adequate fire protection and service. Uh the planning department interprets

this as being intently solely for storage and processing of grain in bins and legs and re related mechanical equipment in unoccupied space. Um under this interpretation of the zoning exemptions, uh the structure um would necessarily have to be only for architect agricultural purposes. Um therefore since it's not meeting that um they require that variance. So once again the variance is to exceed that 35 ft um height requirement to 85 to the peak of the coupula for the storage barn and airplane hanger. Um we did attach that um approval letter from the first approval of the variance and um the same conditions onto this approval. Um so as you can see in that letter those um conditions were um taken and also added to this um request. Um the only thing we added um from this condition is item number six where the petitioner shall submit an updated approval letter from the Indianapolis airport authority prior to the approval to proceed with any vertical construction. Any questions? [Applause] the what's the status again of the special exception?

Um so the special exception I think um that's been completed so there's nothing um else that need to be um meeting any requirements and solely that approval of the variance that they didn't meet the occupancy permit requirement. So the condition of a building permit relating to the special exception must be obtained in 12 months. That that was done. Um the occupancy permit the they needed to get an occupancy permit after they got the building permit approved. Okay.

So the date of the building permit um started that time for that 12 months of the occupy permit and they didn't obtain that within the 12 months. on the special exception on the variance. Yeah, but the special exception they did. I guess that's the special exception certification letter required a building permit. Mhm. Relating to the special. So they did apply for uh the building permit. Okay. So they do have that. Mhm. So the special exception is good. So the it's the variance

and and they've also gotten the occupancy permit for the special exception. Good. Okay. Thank you. Got that twice. Okay, that's the problem. Okay, I understand now. Well, if there no any further questions, I'll um turn it over to the petitioner. Okay, thank you. Is the petitioner here?

And have you swear 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 for the record. Uh Kurt Schlater. S C H L E T E R. Seven minutes.

Okay. Um stick with me. This should be about four minutes. I'll try to make it as quick as I can. It's kind of tedious and um anyhow, we're going to hopefully get through with this. No problem. Um okay. Yeah, I purchased the property in 2018 and started thinking about uh our growing family and what that may look like in the years to come. Uh then my wife and I agreed that this is the is the best interest of our family to have kids and grandchildren relatively close, not too close, in order to keep the family together and actually participate in our grandchildren's lives. We decided to build a small family farm. Um later on a minor subdivision was eventually created in 2024. Each child would get a lot if they choose to live there. Um ironically my son and his family are moving into their new home tomorrow. Um I always wanted a landing strip since becoming a pilot in 2008. After the strip was built, next was to try to build a hanger. Um this the the process started in early 2022. I want to build this building. This building is not a typical pole barn or anything like that as a it's a high-end structure um for several reasons, but most importantly, this building was will be will visually enhance the farm and the surrounding area. I chose a gamble style barn similar to a 100 plus year old barn uh on the Becker property just north of our property. Um, when we started this process, I did not realize there was a zoning height problem until we were well into the design phase. All the design activities ceased until after the variance was obtained in September 2023. Uh, design restarted and continued through the August of 2024 when I informed the builder that they must

obtain a building permit by the end of September of 2024, which they did. Um the builder did not have every detail completed on the uh the building permit. There was this this this structure has a lots of details. It's a laminated wood beam structure and there's many many details. All those were not on the on the building permit. So they had all sorts of other activities to do. Uh the beam manufacturer is place called Unilam out of Unadilla, New York. Um they build a lot of great w Great wolf lodges if you've ever seen those before. Laminated big laminated wood beams. Um pretty pretty elaborate structures. They would not schedule to manufacture the beams without final engineer approval of the beams from an Indiana um engineer. Um okay. So, in the fall of 2024, construction was started on the 2,000 ft driveway through the woods. Um, 5,800 tons of recycled I70 was placed to fulfill the firetruck access commitment. The parking lot and other dirt work was also completed. Ninstar was contracted and so the electrical service. The final the project was finally under construction. Also in 2024, a key employee of Unilan unexpectedly passed away. This slowed their uh progress quite a bit. In July, later on, in July of 25, the engineers finally signed off on the details after Unilam got all their stuff together and uh was able to schedule the manufacturer of the beams, reinforcing steel members and everything else for the uh there's estimated 15 to 20 semi-truck loads of materials to come

from New York. In late September, Elam called the builder and informed him that their their erection company had an opening for November 17th of 2025, and it was going to take about a month to put it up. On September 30th, 2025, the builder and I had a regular meeting. I'd asked him about the status of the permits. He indicated that the county was previously contacted verbally and they indicated that there was no problem getting an extension. I told them in the meeting I said we better go down there and make sure there is no problem. We went down, we went to the planning department that day, formally fill out an application for the extension and um the county indicated verbally at that time that there shouldn't be any problem, but because of Riley days, we were going to have to wait till after that. Um no permit was received by Wednesday, October 8th, after numerous messages were left with the planning department. Um, on Thursday o or that was Wednesday, I think it was the 7th. On Thursday the 8th, I might have a couple dates that are messed up. I received an email from the county at about 3:00 denying the application for the extension even though the project was under construction. So, I had to call Unilam and I said, "Hey, we got a big problem." They stopped production of all materials, canceled the erection crew, um, and per the county, the only solution is to start over and uh to hopefully to get a new variance. That's why we're here. Um, this this project hasn't changed since the prior project. It's it's the same thing. Um, I am not happy with my designer builder because it's his responsibility to maintain these permits. He didn't do so. Um, yeah, there's some question on whether it was under construction or not under

construction depending on which definition you use, but this is the same project as it was before. Um, I'm asking tonight for you to uh reissue the variance, but this time around I'm going to I would like to have some more time because if if the variance is going to expire in one year from the date that I get the building permit, that's not enough time. That's just not enough time. So, I need more time. And I'd also ask ask if the bear variance is approved that possibly my building permit can be um uh extended from the previous permit. Thank you very much. Any questions? So the I guess that brings the question of the 12-month period again. I think I don't since we're advertised again at the standard 12 months, right? We we really wouldn't have the ability to extend that for them this evening.

I don't have a copy of the advertisement. Do you have or would that just be a standard condition that wouldn't have been in the advertisement? I think it's stat I think it's in the ordinance is what it is. I think so. Is it in the

What's that? Okay. Okay. But they were done. Okay. Probably the best option is if he runs out of time is to to file for an extension. We've done that before, I think. Extended variances.

Why wouldn't this have been an Yeah, I think what the what the message was to you was that it it expired, right? because of the the building permit wasn't officially obtained. So this varian it wasn't expired on when we applied for the extension of the building permit. Yes. The extension of the building permit. Yeah. Okay. Would have stated it.

Yeah. If you can come in and ask for an extension before you expire. You're getting close, right? Then we can stay everything until we can get back in here again. uh come to this board then rather than the to the planning department to get on the agenda and everything.

I think otherwise said we have to issue the an extension of a variance that was granted if it times out but um instead of a new variance it can be applied as an extension of the original which looked at a little differently. An extension of an original is is is handled a bit differently. Yeah. So the extension, it sounds like if you were to come with the extension, your extenduating circumstance will be the unique construction and the time to get that all done and all that. So yeah, it would make some sense. So it would just be an extension to this variance. Okay. But that's go to them to come to here for a meeting then. Yeah. You'd be put on the agenda and be voted on here. Yeah. But

I hope that doesn't happen. I I hope it doesn't. But um you know I think what we're saying is that we don't have the ability to make an amendment to the 12-month time frame that's imposed and unless it was otherwise understand advertised um as a variance. We could have but um I think the commentary on the the new variance or the extension is not notable for us because we usually handle these as an extension of existing. Okay, that's all. I don't think there's anything procedural, not a material substantive issue. Okay.

I did notice that the Well, no, these are Yeah, they are the same plans. Okay, got it. Sorry. All right, any more questions? All right, thank you. Thank you. Do we have anybody here that'd like to speak in opposition to this project this evening? Just one. Okay, come on up. Two. Two. Two. Okay. So, we have two. Uh, you'll share the seven minutes then. Oh, got three people. Then can I get a two and a half in the morning? Yeah. 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.

Okay. State your name, spell your last name.

James Leisure. L E I S U R E. Thank you. Uh, a couple concerns. We live on Deer Lane, which if you look back at your uh, thing, that's the the street that is most closest to this proposed project. Um, I will tell you, I don't have a problem with an airplane hanger. Uh, I didn't have a problem with with the air strip. Uh, I was not made aware of this the last time it came through, September 23rd. I don't know how I missed it, but I did. We did get this letter. Um, it just seems excessive. 85 feet for an airplane hanger. Uh, you know, I did some research. The average Piper plane is less than 10 feet tall. The average CS is less than 12. Um, you know, this is going to be in view of our back porch from our back deck. And we do, uh, go out in the summer and and, you know, uh, basically host parties and different things. I think it's going to be an eyes sore. I mean, a building that's basically almost three times the size of the houses in the area. And the houses are within distance. I think again is is just excessive. And I wonder if they're, you know, could you build two 35 foot buildings, you know, barn-like structures, okay, but still make them, you know, aesthetically pleasing. And this is an aesthetically pleasing building, but I guess it's just huge, and I don't know that it needs to be that. Um, you know, the other considerations is does this possibly open a portal for more 85 ft buildings in our residential area by by passing this one? How do you tell somebody else no? And then where does that end? Um, you know, is there any way that the petitioner would consider building mounds between that building and then some tall trees as a as a visual structure uh to to to, you know, maintain our property values as well. I personally am not opposed to a hanger. I just don't know that we need one, you know, that's probably taller than any building in this county that I'm aware of. Thank you.

Right. Yeah. Any questions for the river monstrance? Okay. All right. Second person. You're good. Come on up.

You face her. And affirm under the penalty of perjury that the testimony you're about to give is the truth, the whole truth, and nothing about the truth. I do. State your name. Spell your last name.

My name is Olu Funk. Last name Famoan. F like Frank. A M O Y I N. Um, I live right behind them. Um, behind our property is some farmland and then some, uh, forest area. And we haven't really had a problem with them, you know, building their big red barn and the house and stuff. And I'm not opposed once again to a hanger, but 85 ft doesn't make sense to me, especially with the size of an airplane. Um, it's going to definitely block our view from seeing the woods. And we also have, you know, a lot of people outside who come um on our deck and stuff. And we like to keep some of the view if we can. Um if there was a logical like a real reason for them to need the 85 ft, I would not maybe be opposed to it. But so far, I haven't really heard a reason as to why it needs to be that tall because airplanes are, you know, maybe 10 to 20 feet high. So having it that height, it just doesn't seem reasonable. And of course, like the other gentleman mentioned, um concern about the price values in our neighborhood. And if we let this one go, then people other people are going to want to have 85 ft buildings, too. So we don't really want that to set a precedent for that. Um and yeah, that's pretty much it.

Okay. Any questions for her? Thank you. Thank you. All right. And we had a third person. Sure. Come on up.

Do you swear 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? Andrew Atkins, AD K I Ns.

Go right ahead. Um, basically I just have a couple questions and then, uh, one little thing. Um, the slides showed that it was going to be an 8,000 foot building. When you look at the plans, it's going to be closer to 10,000 square ft. Um, my bigger question is, is that something that needs to be approved by the state, by the FAA, if we're using this for a hanger? Um, when you get to a size that big, are we storing multiple planes in there? Is this just one, two, three, or by quick calculations and using Google, I figured you could fit eight to 10 Cessna Seahawks or Skyhawks in there. How much traffic are we going to have going in out of this thing? Um, I think it is a aesthetically pleasing building. Um, but I do wonder if the 80 foot tall or 85 foot tall is necessary. Um the for reference the the center tower at lab core is 80 foot taller than that going to be in our backyards. Um I also wonder if it's going to be so And I saw somewhere where it said it was going to be for grain storage and a and a hanger. So I'm really wondering how can you store grain in a hanger? Um, and that seems like that's where the height is coming from is you grain of some kind or whatever, but why do you need 85 ft? Any any questions?

Okay. Any time left for remmonstrance? About two minutes. Anybody want to use the two minutes? All right. You want to hear from him again? Got two minutes left. You got another comment. Have you got an additional comment? Sure. something new.

I I I am not the HOA president of our neighborhood. By by rule, they didn't have to to send this letter to everybody in our neighborhood. And I don't think our HOA president is part of that group that would fell within the 600 ft or whatever. I mean, we'd be probably willing I could get with Dan. We could probably talk with Mr. Sleer and see what we could work out that's reasonable. I mean, I think we're we're willing to be reasonable. I just again think that 85 ft is unreasonable. So, I don't know if tableabling it or continuing it is an option, but that's all I got. Okay. All right. Thank you. Thank you.

I'm sorry. I'm I'm reading some stuff here real quick. Can I see the notice? I don't think it was in our packet. Can I see the notice? that I can see.

I do. I can't find it. I dug through it twice now. That's okay. Yeah.

Yeah. So some of the questions that were brought up in the remmonstrance here um and Mr. Schleer I'll have some rebuttal here but his special exception did have 16 commitments uh on it for for the air strips use actually. So you know in the questions about permitting of all of this and um the air traffic that's all handled in the special exception that's um on on file. That's why I was asking at the beginning to make sure that that was still all valid. And that was from 2021. Did you guys want to see this? Okay. Um, Mr. Slitter, you'd have a rebuttal period. Uh three three minutes of rebuttal. There were no government officials to speak either, right? Okay, good.

Uh yeah, my my rebuttal is just just simply, you know, people as far as blocking the view of anything or anything like that. That's not going to happen. This this thing sits basically in the middle of a 70 acre parcel. Not not exactly in the middle, but pretty close to the middle. And as far as uh the height of it uh in relationship to the other other houses and all that, yeah, it's bigger than the other houses, but it's so far away. It's and and the comment that, oh, this thing's taller than anything Hancock County, that's just that's just false. It's just the the courthouse is oh gosh, I don't know, well over 100t tall. Um there there's a lot of structures that are that are much taller than this. The depot building is much much taller. There's other other things, but you know, you know, I this is kind of a, you know, I guess a dream of mine or whatever. Um, to have a structure that kind of makes a statement. I don't know what's going to become of this thing after I'm gone. I don't know. Um, but it's going to be it's going to be kind of a it's going to be a statement. Hancock County, very nice structure, that's for sure. Whatever becomes of it. Um um some people like to drive fancy cars. I like to build nice buildings. I don't know. I've got a pretty nice building at my workplace. I've got a decent house. Um I've got a decent house up in Michigan. And um you know, I just think it's a neat thing for Hancock County. Um I do I don't think it's going to be a public nuisance or anything like that. The flying in and out there has not been a public nuisance. I don't think they've received any complaints about that whatsoever. Um, like I said, there's a lot of a lot of uh conditions on the airirstrip that were really hard for me to swallow at the time, but it's like, well, you know what, that's okay. So, um, I think it's a positive positive for the county. It's going to be a very nice looking structure, and um, I'm I'm

hopeful that, uh, the variance will be either extended, um, for this use. So, thank you very much. I think when uh when we did this the first time, you may still have them. I mean, I don't obviously need them time, but there were some you had some exhibits, some drawings, like some photo overlays and things like that that showed like kind of generally the height of it from distances away and things like that. I've got some pictures of u not that, but I have some pictures of the the structure that has been built in in New York that I went to go look at. M

I mean it's they're just they're just huge uh beams. I I didn't bring anything that long. Actually, you guys should have it because we submitted a lot of that stuff. Um but um I don't I don't have it in my little packet right here. But if you want to see these these are kind of interesting file. Yeah. Unfortunately, we can't look at them. So it wasn't submitted with the So yeah. Sorry. Thank you. Okay. Any more questions? No. Okay. Any discussion? No, but I will need to recuse. Oh, yes. Okay. All right. So, with Miss Maybe he can have your ballot.

I can have my ballot. I already signed You can just scratch it out. You can just scratch it out. It's okay. Yeah. Um, so with her recusing, you'll have to get three like votes. I assume he wants to go ahead and and run with it then. Why is she recusing? That's a good question. So adjacent, I believe. Right. Uh I think you don't have to. I mean I it's the appearance of him. I think I can be impartial. It's the appearance of it. Yeah. Have we ever had a conversation?

I don't think she has to disclose unfortunately. So So she wants to go ahead and run with it. So, you'd have the option to continue um if you'd like, but it' be January. I guess I'll roll the dice. Okay. All right. Okay. Go ahead and uh vote.

Oh, vote. That's right. We got to talk about the Sorry, almost with you stepping aside. I almost got out of my groove here. So, we do. We have uh for the variance we have staff recommended uh approval with six conditions. Uh the structure must maintain the setback as submitted in the 25 site plan and they must respect the restricted area declared during the special exception approval in 21. Uh there was no fuel storage allowed on site driveway installed to accommodate. Right. Okay. Fire apparatus must maintain existing landscape barrier. It cannot remove any mature trees. Building permit obtained within 12 months or it will expire. And the petitioner must submit an approval letter from uh Indianapolis Airport Authority prior to approval to proceed with any vertical construction. That's correct. Five.

Number five. Are you doing both the improvement location permit and occupancy permit? building permit and or improvement location permit and an occupancy permit um obtained within 12 months of approval of the permits. Yep. Any discussion on that or a motion or adjustments? Is he good with that?

You saw all those staff conditions, right? Yeah, they were the same as before. Okay. Yep. Okay. Um, make a motion that we um accept the staff recommendations of one through six. All right. One second. Okay. It's been moved and seconded that since should the variance be approved, it be um approved with the conditions of staff conditions 1 through six as submitted. All those in favor signify by saying I. I.

Oppos? Same sign. We will need to appoint a secretary to count the ballots. Same. I can do that.

Okay. Uh so uh we'll we'll nominate uh Miss Casey to act as secretary and count the ballots. Um all those in favor signify by saying I. I post. Same sign. Okay. All right, we can move to our balance then. Pass them to her. Variance uh 25-2641 um exceeds the 35 ft maximum height requirements to 85 ft um is granted 320.

Okay, all set. Thank you very much. Yeah. All right, that concludes our hearing items for this evening. Move on to our uh other business um other business item number one is the election of officers that will happen at our January meeting. So everybody, once you get your reappoints, if you need them, uh please come January ready to run for office if you'd like to be the chairman, vice chairman, or secretary. We have uh item number two is the board alternate update. Oh,

did you have something? You guys were supposed to sign the the what? Oh, to sign our meeting minutes. No, to sign your amended rules. Oh, the amended rules. Okay. All right. So, we did approve those amended rules and we need a signature of a vice chair. So, um Lacy is secretary. So, one of the two I don't know about that because secretary um acts in the instead of the vice chair when

I think it's just so maybe we just do that. Yeah. Okay. If that if that's a little bit that makes sense. I think that's the I think that's the you don't have to vote on it like if you weren't here just the natural I think that's the way that's set up but Okay. So, she can just sign that and as acting vice chair then for the rules. Okay. Board alternate update. Um I don't have any update for that.

I did see that uh Kayla nudged uh the two towns along today in an email to try and get them to get that appointment. done for January and then uh zoning violations. Dennis has provided a summary. Do you have any comment on your summary here? Um so it's just a brief summary. We've had 41 total violations this year. Um 27 of them have been closed. We have 14 currently open. And um we at the department we discussed um more efficient ways to enforce violations. Um, we thought about just having one um, violation notice and then putting a lean on the properties so we don't have to chase as much. But we're constrained by the language in the ordinance. So, we're looking at how we can um put something in the UDO that would help make the process more efficient.

So, um but from next year uh we will be doing um monthly reinspections to make sure things are more rigorous and that's basically what I have. So, the discussion about putting a lean on the property, would that be the the BZA doing that or the commissioners? Um, so the ordinance has language that stipulates there has to be a three-step process. So, we can't do that except the ordinance is changed. Okay. So, Okay.

Okay. So, so walk me through that for a minute. If you have a violation, is the violation set at 30 days? Does it depend on what it is? So, first of all, we send a notice of violation. They have 30 days to bring the property to compliance. And then if after 30 days, we send a penalty notice. They have 30 days. After that 30 days period has elapsed, we then slap them with the first fine, which is a $50 fine, and then it keeps acrewing from there.

Okay. And then and then what you're proposing is at some point in there, then we would have the ability potentially under the new ordinance to put a lean on the property to collect. Okay, that makes sense. as if there's fines against it. Okay. Any uh questions about that for Dennis? And I'm assuming that if somebody's proactive in the first 30 days and comes in and talks to you. Yeah. Um at that point, you're going to continue to

Yes. We've even we've even had um complaints that have been resolved without enforcement. So if so for instance someone had a light trespass complaint we just called the um utility company and they fixed the problem. So there was no need for enforcement. So we have few very few instances like that. Right. I think that's it. Anybody have anything else? See you again until January. I'm shocked.

It's only 9:15. Record record-breaking movements. Put on the stage there. Everybody looking at everybody just like you just sat there and smiled. We have a motion to adjourn. I'll I'll move for that. All right. Second. Moved and seconded to adjurnn. All in favor signify by saying I. Oppos. Same sign. Thank you.