Board of Zoning Appeals - Regular Meeting

Good evening. Um, I would like to welcome everybody to the m March regularly monthly meeting of the Delaware Muny Metropolitan Board of Zoning Appeals meeting. We will first begin with the pledge of allegiance. If you can please stand and Kylen, if you can please lead us. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. So we will begin with the introduction and oath of our new member.

Okay. So, we do have a new member um present with us this evening, Mr. John Hamilton. So, I will read you the oath of office. If you could just please stand and then you don't have to respond until we reach the end of this. The following oath is hereby adopted as norm and shall be administered to all members of the commission by the secretary or a person designated by him in the beginning of the first regular meeting. Do you agree to make planning decisions regardless of political pressures? To show leadership in enlightening both the public and local government in the ways of planning? To recognize the role of compromise in public affairs, but never to compromise the principles of honesty and integrity. To refuse to act for personal gain. To be tolerant of vested interests, but never favor them at the expense of public well-being. to encourage a planning program which shall improve the community and its people to the result of better government for the future to perform the duties of your office to the very best of your ability. If you agree, please respond with I do.

I do. All right. Thank you and welcome. Yes. Thank you.

We'll begin then with a roll call, please. Matt Billington, present. Delaney Frri, present. John Hamilton, present. Richard Ivy, Sue Kaiser, Christy Knap, present. Lesie Matthew, present.

Five present. So, we do have a quorum. So, I will go over some housekeeping rules and kind of explain how the process will be for this evening's meeting. Um, so if you have a cell phone, I would just ask that you can um please put it on silent or turn it off. Um, when your case is read, um, if you are the person that's seeking the information the, um, request, um, you'll first step up to the podium. You'll give us your name and address. um you'll have an opportunity to address while you're here this evening. Um after the applicant speaks, anybody wishing to speak in favor of their requests would also have an opportunity to provide us with information. Um and then those who wish to speak in opposition to their requests would then have an opportunity to speak. Um, I would ask that everybody um refrain from making comments um in the audience of those who are speaking. We would like to have everybody um have an opportunity to speak. There may be some people that might um address a different opinion than you would would be addressing, but we would just ask that you would be um considerate of everyone's opinions this evening. And then um with regard to um your case um we have a seven board member or member board and in order to have official action which is meaning um a final decision on your case um tonight we would have to have um four um individuals um voting one way or another. If we cannot get four members to vote um one

way or um another, then your case will be immediately continued to the next board meeting. Um so then we will then proceed um further. Um I'll have Kylen um address or make an announcement with regard to one of our matters. So, a previous BZA case BZA08-26 um filed by applicants Timothy S and Tamara S. Collins was withdrawn um from through a request through our office. So, that will not be heard tonight.

I guess we will proceed then with old business. BZA04-26 jurisdiction board of zoning appeals being a continuation of a public hearing on the matter of an application filed by McDonald's and Pegasus Future 2 LLC requesting a variance from the terms of the city of Muny comprehensive zoning ordinance to allow a 45 foot tall pole sign for a new restaurant on a corridor road on premises located on the southeast corner of Macedonia Avenue and 29th Street, Muny, Indiana, as more accurately described in the application. I will let the applicant um explain, but our office did receive a revised plan that is asking to um reduce the size of the sign from 45 ft to 20 ft. And you were all given that um plan this evening,

right? right there at the um podium over on the side there. Yes. Hi.

Uh my name is Bill Stanall. I'm the uh just representing the uh civil engineering firm that is has done the site layout and is proposing a sign location. They're out of town and weren't able to make the meeting. But I do similar work. I'm located at 145 Northeast Street in Indianapolis. Uh so I'm I'm local and went to school just across the river here. Uh so like uh you said they have proposed a sign that was similar to the taller sign uh internally illuminated sign that would be 20 foot high from above the grave to the top of the arches and would have the uh 3 foot by six foot electronic messaging board uh underneath it. So happy to answer any questions. And I guess you might um because I know we have a a new member um that was not um here this evening. So maybe give us a brief synopsis as as to why um they are seeking um a heightened um sign as opposed to the ground sign which is what is currently in the um development.

Okay. Porter requirements. we will get up to speed on this together because since I'm subbing for somebody I I'm also my understanding is there's a billboard an existing billboard that is on the main uh road right in front of of the proposed McDonald's location. So that's why initially they were seeking a sign that would be higher than that. But uh you know rather than going through a process of trying to get that approved they have come back and said a 20 foot high sign would give at least equal visibility of the existing billboard that is to remain. I think that's the main emphasis for the raised signage.

Yeah. and our board did receive some pictures of the location with the billboard and then the cluster sign at that location. So,

and did you did you get to see what the proposed sign would look like? You you receive that information. So the the McDonald sign is located right at that uh top left corner of the intersection and the billboard is just around to the right of that be the east of it. Does any um board member have any questions of the applicant? Seeing none, then you may have a seat, sir. Thank you.

Anybody else wishing to speak in favor of BZA04-26? Good evening, BCA. My name is Steven Brand. I'm one of the Delaware County Commissioners, and I'd like to speak in favor of the revised uh Sinai. Hopefully, you guys will give a favorable vote. Thank you. Okay, thank you.

Stephen Hines, 2706 South Tacoma Avenue, Muny. Um, I just ask that you guys approve this application with two conditions. That it's for applicant only and that it um doesn't transfer with ownership. Uh, I hope you guys uh support this kind of development on the south side of Muny. Um, it's appreciated. Okay. Anybody wishing to speak in opposition to BZA04-26? Okay. Seeing none, then um the chair would entertain a motion with regard to BZA04 26 with the amendment to their initial um request of it being a reduced level of 20 ft as opposed to the original 45 ft request. I'll make the motion to approve BCA04-26 as stated of a 20 foot tall sign.

I'll second that. We have a motion and a second. Roll call, please. Billington, yes. Rich, no. Hamilton, yes. Nap, no. Matthew, yes.

Okay, so we have three yeses, two nos. So that is not official action. Um, that would cause this case to be continued to the next BZA meeting. The next meeting is April 30th, 6 PM in this room. And once your case is ready, you are free to leave. BZA05-26 Jurisdiction Board of Zoning Appeals being a continuation of a public hearing on the matter of an application filed by Game of Homes LLC requesting a variance of use from the terms of the city of Muny comprehensive zoning ordinance to allow two dwellers dwellings in a single family residence zone and a variance to allow a reduced rear setback for one of the dwellings on premises located at 10006 West Wayne Street, Muny, Indiana, as more accurately described in the application. Do you have an email about this?

Are the governing persons the listed people that are supposed to board? Yeah, that's why we had an email. Did you find them? I haven't found it yet. Mark Price or Cameron Sarah, I believe. Yeah, I don't see either one of them

and our office did we did speak with Cameron Sarah. Yeah, he's aware that there's a meeting tonight. Um he said that the last meeting he thought someone was coming to show up and I guess they didn't and that he would send someone this time. Yeah, I I did see in the email where he said someone would be here to represent me to call him moving forward. I mean, at this point, the board has a couple of options. Um, we know the applicant did have notice at this meeting. So, the board can proceed to a hearing on the matter in the absence of the applicant. board could choose to continue it to next month or um the board could choose to continue this case just to the end of the agenda to see if that person happens to arrive late. Um okay, just for the record too, we did receive an email on March 19th from Cameron Sarah that said, "Please note Jacob Hansen will represent Game of Homes LLC at the hearing on the 26th. Is anybody here on on behalf of FEMA of Homes LLC? So, I guess the chair would entertain a motion on what the board would like to do forward with regard to um this request.

I'd make a motion to move the application to the end of the meeting and decide then. I'll second them. Yeah. So, we'll just then do a vote voice vote. Um all in favor of moving um this matter to the end of the agenda for this evening say I. I. I.

Um those who wishing to um disapprove the motion, please say I. Okay. So, it sounds like the motion carries. So, BZA05-26 will be heard then at the end of the new business um for tonight's meeting. So, speaking of new business, we will transition into that at this time. BZA07-26 Jurisdiction Board of Zoning Appeals being a public hearing on the matter of an application filed by Domine Davis requesting a variance of use from the terms of the City of Muny comprehensive zoning ordinance to allow group housing for up to four adults in a single family residence zone and to allow stacked parking rather than individual parking spaces on premises located at 1 1904 East 22nd Street, Muny, Indiana, as more accurately described in the application.

Hello. Is that on? Okay. Yes. Yes.

Um I am Domin Davis. My address is 5112 North Hickory Road, 47303. Um this property, um is currently single family residents. We're looking to just do a group home for adults with intellectual disabilities. Um so there would be no change to the functioning of the home currently. Um just that variance. Um and then currently we have stacked parking for residential, but I know with uh non-residential it's not allowed. So um to allowed stacked parking there will probably never be more than two vehicles on site um at a time. It's a it when staffed, it'll be one person at a time staffing that location. Uh so that driveway can hold several vehicles. Um and there shouldn't be any issue with that. I do have some um questions. Um I think I've seen um some a drawing of um the home and it appears that it's a threebedroom home. Is that correct?

Yes. And um are you asking or I think your request is allowing up to four adults to to be there. Um, I guess would you be if we were to request that it just be for three adults because there's three bedrooms. Is that something that you're you would be um in favor of if if we were to um ask that from you?

Um yeah, I mean that is feasible. The back room of that home is about half of the size almost of the total square footage. So it does allow for two um which is also you know allowed by the department of disabilities but I mean if three is what is allowed then yeah

and maybe um if you can tell us um I guess a little bit more about what activities will be happening there and the type of individuals that will be living there. Um there's been some discussions about like um this being a group home and um a lot of people going in and out of the property. Um so maybe if you can just explain a little bit more about kind of what activities happen there about how many people will be coming and going um you know how often will people be coming and going um from this property.

Yeah. So three to four residents they would live there long term. So, this will be their permanent housing unless you know they choose to move out. Um, it's staffed with three-hour shifts, so uh six 6 to 2, 2 to 10, and 10 to 6. Um, so three residents and then one staff on hand. Um, there's always supplemental staff such as like an off-site manager or someone that could come at that time, but outside of any of those occurrences, regularly there's one staff member to the residents. um outside of the staff coming and going, residents. A lot of times these individuals um work at places like Hillcraftoft, so they might do um those kind of workshops during the day. Um so other than that, they're not really they're not really coming or going or having a lot of visitors. Um obviously if they have family and things, they can always leave with them or have them come and visit. Um but it's not a regular occurrence generally for um that type of resident to have a lot of visitors. Um they don't drive either so they won't have their own vehicles. Um what did you ask me? I was going to say something else. Um uh oh the type of resident. So a lot of times these um patients are um either have congenital disorders that they are born with or like a traumatic brain disorder that allows them or doesn't allow them to fully live independently um or like schizophrenia where they need like someone there with them prompting them. They typically care for themselves. So, it's not full care like you would see in a in a long-term care facility or a nursing home. They generally bathe themselves and feed themselves, but they aren't going to be preparing their own meals or taking themselves to their appointments. And so, the staff person on site is um making sure they're safe and then also helping them with those daily activities of living. But I guess with regard to um some of those items that that they're doing, um are um are there certain

guidelines or requirements as to what individuals living there can or can't have? Let's say for example a criminal history um or whether they've been um violent have um left other facilities and caused um problems with the neighbors or are there any guidelines like that you um do a background check on for the individuals that would be living there? Yeah. So, it's a private facility, so it's completely at the discretion of myself um and and um our our company. Um so, it's not our intention to have there are like separate homes that specifically focus on that type of um long-term living and rehabilitation, which isn't the goal of this um to have that kind of uh care provided or that level of care. Does any other um board member have a question any questions?

I guess so. Just to clarify and make sure it's clear in the record. So for the stacked parking, that would be solely for the staff that are coming to the home and any families that are coming to the home. Um if they have a visitor, they could there is also street parking on that street, but in that in that driveway specifically, yeah, the residents won't have a vehicle. It would just be staff. Okay. And then in terms of um so there's my understanding is that there aren't any plans to do any big conversions or renovations to this home. Is there anything that is going to be taking place in terms of improvements to the property prior to residents moving in?

Um there's currently a tenant living in there, so she's out at the end of this month. We'll do like a walk through for routine, but no. Um, at the most, um, my contractor is going to look at the steps to check if it requires a ramp. And I'm not even anticipating those types of, uh, that need. But, um, outside of that, there's no structural changes. Um, if anything internal, it would just be like floor repair from having a tenant. Um, that kind of turnover, not anything major. Okay. Thank you. Could you repeat the staff hours? The Yes. um 6:00 a.m. to 2:00 p.m., 2:00 p.m. to 10:00 p.m. and then 10:00 p.m. to 6:00 a.m. So, someone's always on staff 24 hours. Yeah.

Any other questions of the applicant? You may have a seat there, ma'am. Thank you. Anybody wishing to speak in favor of BZA07-26.

Hi, my name is Mark Moru. I live at 2808 West Burgewood Drive here in Muny. I'm not familiar with this uh this uh uh zoning appeal or this lady, but our our neighborhood is a culde-sac. And the very next house outside the culde-sac appears to be a group home that's been there for several years. And if you've never lived next to a group home, there seem to be two, possibly three young men that live there, maybe in their 20s or 30s, seem to be autistic. They'll be out front, one or two uh uh catching a bus once in a while, and it's not a problem at all. There is staff that uh that comes in the daytime and the different staff that comes at night. I've lived there for 20 years now, so I've observed this. And having a group home near your neighborhood is not anything that's a problem. As far as I can see, it's sounds like what we have in our neighborhood or right outside on the edge of our neighborhood is exactly what this lady's talking about. And I would support it for the reason that I'm familiar with it and as I say, it's not a problem. Okay.

Thank you. Anybody else wishing to speak in favor of BZA07-26? Okay. Anybody wishing to speak in opposition to BCA07-26? You'll have to go up there and give us your name, please. My name is Rebecca Meadows, 1910 East 22nd Street. Um, the group home I there was word going around the neighborhood that it was a sober living. That's that's another I another place that's already been decided.

Oh, okay. Well, I heard you say intellectual disabilities and it's a great probably a great program and maybe it is good in some neighborhoods, but sometimes it's not good in neighborhoods. Our concern is safety issues. There's a lot of children in the neighborhood. there would be a parking issue which stacked parking could become problematic for there's no street parking there. Um also the property values of everybody in the neighborhood. You know who wants to live next to a traffic issu the safety issues with people kinds of things could go wrong in that situation. Um there are several of us on the street who have these same concerns. A lot of them couldn't be here. So, I wanted to make sure we got here and spoke to all of those. The parking, the safety, the property values, all the children. Guess that's all I have to say. Thank you.

Um, sorry, got your steps in. My name is Tony Garcia. I own the house directly behind at 1913 East 21st Street. Just moved to Muny in Indianapolis from Seattle. But my question, I' I've members who actually work in these uh homes that take care of people with you. But what does that do to the value of the home? Is it considered a business and is that going to raise the taxes of the the residents around there? And that's one of the questions I have. Right. That's an question for someone other than us.

Okay. I didn't know. That's why I want and then uh but I do understand that that the uh there could be issues of the individuals getting out or what I'm sure being monitored at all times. It is a great situation but having it right directly behind my house. I I don't live in there. I have a renter that lives there and uh just hopefully everything is just monitored and take care correctly. That's all I can ask for. Thank you.

Okay. Thank you. And what the applicant is currently asking for now is not going to be considered commercial use. She has stated that she's not um going to be obtaining a or does not at this time have a state license um from Indiana. So this variance would not be for commercial use. You're telling me there is no state license to run this business? This? Yeah. So, it's anybody just So, anybody can just put a house together and put people in there and maintain it. Is anybody monitoring it?

The applicant is just asking to house up to four adults in the same house. So, the specific ask that she is asking for, it is not considered commercial use. Okay. All right. But what if what if six months down the road it is becomes a question or the contractor comes in and says in order to four people is anybody going to monitor whether four people can live in a three-bedroom house? Who's going to decide that? Yeah. If she wanted to get a state license and have a commercial business, she would have to follow their guidelines. Okay. So it's possible it could happen.

So what you're saying it could happen eventually. That would be a completely different ask, but it could happen. Okay. Yeah. You'll have an opportunity at the end to speak, ma'am. Yes. Yeah. Right. And if and when we do have people speak, if you could speak, um ask your questions to the board. Um make your points. The applicant will then be able to come back up and answer those questions. Um, but just ask your questions and make your comments towards the board. Thank you.

My name is Jeff Green. I have a home in that area, also on city council. Uh, I'm opposed to this. I would ask you to vote this down. Uh, we have a lot of little children in that area. I think that's important that for their safety. Uh she did mention a lot of different vehicles coming and going and could possibly be family members also. Uh safety is a big issue in the city and I think that uh putting children in harm's way is not a good thing. There is no street parking on 22nd Street. It's all driveway and I think we'd be doing the residents a disservice to do that. I think would be best if we did not do this. Thank you.

Thank you. I'm Angela Meadows at 1910 East. You have to speak up, ma'am, because we can hardly hear you. Yes. Can you hear me now? Yes. Great. Thank you.

Angela Meadows, 1910 East 22nd. I oppose um the group home and the stacked parking for the same issues, the um safety for the children that live there. There's three children that live right next door to it, three across the street under the age of three. We have three grandchildren, uh, two houses down. Um, I just think it's going to be too congested and with a, um, revolving door of strangers is a concern and as well as the property values. Anybody else wishing to speak in opposition to BZA07-26? Seeing none, we'll um have the applicant, if you can, please come back up and give us your name and address again for the record.

Okay. Uh Domin Davis, 5112 North Hickory Road. Um a couple things. Um I am a family nurse practitioner and psychiatric mental health nurse practitioner. So, it seems to be a narrative that these individuals are a danger. I know there's a group home um very close about a mile, not even a half a mile probably down the road um that has been there for years. Um and it's even closer to the park than our home is. I will say that I uh did live in this house personally for several years with my own children and I know that there's already vehicles every 2 to 3 minutes down this road. Um I do have parking at the front of my house that my husband parked in when we lived there. um and he was never towed or told he couldn't park there. There is additional parking. Um I would say that if this was licensed by the state, then I would not need this zoning approval. Um just because it's not licensed doesn't mean that it's not managed. So there's like four or five different types of group homes in the state of Indiana. Some are considered group homes, some are considered supervised living facilities. This one is managed by the Bureau or the Department of Disability Services. Um so there is an applicant process. They are still managed. They do require ongoing training. Um they do work with Medicaid and Medicare um so for reimbursement and ongoing that. So in addition to um having personal experience um living on that street, I also am a healthcare provider um and I would be the one managing this. Um there are several three-bedroom homes that have four plus people living in it um on that in that neighborhood. But um if the board feels like only three are allowed us, that's fine as well. It was just for up to four people um on the request. Does the board have any more questions?

I do not. I think you can have a seat. Thank you very much. And then um I'll have you explain put some things on the record with regard to this.

Okay. So, our office did receive a couple of emails. Um, this email was received March 20th and was requested that I read this at the meeting. Um, this email is from Amanda Garner. I am writing to express my concerns regarding the proposed group housing development in close proximity to my residents in the nearby school and playground. While I understand the importance of providing housing solutions within our community, I believe this particular location raises several safety concerns and compatibility concerns that should be carefully reconsidered. First, the proposed site is immediately adjacent to a school and a public playground, both of which are heavily used by children on a daily basis. This area is designed to be a safe and predictable environment for young students and families. Introducing a higher density or transitional housing setting in such close proximity may unintentionally create challenges in maintaining that environment. Second, my property is located directly next to the proposed site and I have children living in my home. In addition, we have a residential swimming pool which already requires careful supervision and safety precautions. Increased foot traffic and unfamiliar activity in such close quarters could raise concerns regarding privacy, supervision, and overall safety for both my family and others in the neighborhood. Third, the surrounding area is primarily residential and family oriented. Any new development should align with the existing character of the neighborhood and take into account the well-being of current residents, especially where children are involved. I respectfully ask that you reconsider the placement of this group housing project in this specific location or at a minimum provide further details on how safety, supervision and neighborhood compatibility will be addressed, such as if staff calls in who will be responsible for their actions as well. Thank you for your time and

consideration. I would appreciate the opportunity to stay informed and participate in any discussions regarding this matter. um received another email from Amy Woody on March 12th. I live at 20001 East 22nd Street and I am concerned about a possible group home being in my neighborhood. It is not a good idea. We have a lot of kids run up and down the street, high traffic with the cars. We have a good neighborhood and don't want to see it ruined. The fence at that house is trashed and the deck is broken. It's our safety that I am concerned about. I would appreciate that you would not give them permission to make this into a group home. Um Amy Woody, second email, I'm sending another email. I won't be able to be there in person and I'm still concerned about possible group home being in my neighborhood. Um same thing. Yep, same thing. Um another email March 20th from Uh, Christian Meadows, I am writing as a concerned homeowner. We are Kenneth and Angela Meadows to formally express our opposition to the proposed group home and stacking parking at 1902 East 22nd. While we understand the need for community-based housing, we believe the specific location is unsuitable for the following reasons. As parents and grandparents, we have a significant concern regarding the increased activity of high turnover of staff and visitors in a quiet residential area where children frequently play. The transition from a single family residence to a high occupancy facility changes the safety dynamic of our immediate street. Traffic and parking on our street is not designed for the high volume of traffic of this facility will generate with multiple staff shifts, service

providers, and visitors. We anticipate severe parking shortages and safety concerns for local pedestrians. A highdensity facility is inconsistent with the current zoning and the quiet low impact nature of this block. The constant revolving door of staff and residents undermines this stability and privacy of our residential. We urge the board to cancel to deny this proposal and seek more appropriate location that does not negatively impact the safety and quality of life or establish families in this neighborhood. And then the last thing that we passed out to you this evening, um we did reach out to the Muny City Building Commissioner um to get his input on this and he did respond with um he did not have any problems um with this case. So then the chair would then move um or um would consider any motions with regard to the request. I'll make a motion to approve BCA07-26 with the conditions that the number of tenants be limited to three adults based on the bedroom sizes and that the applicant work with the city building commissioner to ensure that the dwelling is up to the residential code.

I'll second that. We have a motion in the second. Roll call, please. Fritz, yes. Hamilton, no. Nap, yes. Billington, yes. Matthew, yes.

Four yeses, one no. So, that is official action of approval of BZA 07-26. Um, our office will provide you a certification of that approval so you can proceed with your plans. Whenever you're ready.

BZA09-26 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Heather D. Jones requesting variances from the terms of the Delaware County Comprehensive Zoning Ordinance to allow 10 hens in a resident zone and to allow a zero rear and zero side setback rather than 3 ft for a variance of 3 ft for an existing garage on premises located at 608 West County Road 600 South, Monroe Township, Delaware County, Indiana, as more accurately described in the application. Good evening. My name is Heather Jones. I live at 608 West County Road, 600 South. I'm in Muny. Um we're out in Cowan area. Um the chickens we have had for a little over 10 years. um didn't we weren't aware that there was an ordinance of any sort for them out there. Um numerous neighbors have chickens, horses, things like that. Um and I grew up out there and it was the same growing up. I mean, everybody had all these animals. Um and then it led into the garage, which we also were not aware that was in a um right away. Um it was built in 1971. Um we've lived there for about 16 years. Um, and then also there's several properties out there that their garages or part of their house is also on the like line of the rightway.

I'm going to interject real quick. Um, I did read the um agenda. Yeah, the actual application is asking for up to 15. So, I just wanted to correct that. Yeah. I mean, we have 10 or 11, but at most we would ever have 15. Yeah. the yeah the application list 15. So that's what this board will be going off of. So and again from what I read on your application it it shows that you don't have any plans to have any roosters. Um is that correct?

Correct. And have you um ever gotten any negative imp feedback from any of the neighbors since you've had these chickens on your um on your property? No. Um actually most of the neighbors have lived out there since I was a kid. I mean there's a couple of newer neighbors, but I mean nobody's ever came to us with any concerns or and the few neighbors that I did talk to that are closest to us don't have any concerns. Any other board member have any questions?

Clarifying question but it might be more to so um the actual application for itself does include the setback um

part as part of the application correct? Yes, the setback was just something that in reviewing our office noticed and normally when we have any type of application if we see any other um ordinance issue we will just ask the applicant to do that at the same time as the ask just to clean up any any other things. So that was just noticed by us in doing our review. Um, and you can see there there's several existing, but the rear and the side of this the shed is just over her property line. So, we did ask that of her and she complied with that and was fine.

Any other questions of the applicant? Can you have a seat? And I guess Thank you. I'll have Mr. Wisley address um the setback request and and what impact that has with regard to us.

Yeah. So, the request with um the garage is to change this to a zero foot setback. We haven't seen a survey or anything, but based on the aerials, it appears that the garage does go into the public right of way. Um, so that would be any action against that portion that is in the public right away. That would be at the discretion of the county commissioners. So that is not something this board can grant approval for. However, it's also been existing for 50 years and it doesn't look like that's ever been truly improved. Um, obviously if the applicant wanted to ask the commissioners to vacate that right away, they could, but anything beyond the property line is the perview of the county commissioners. since this is an unincorporated Delaware County.

Thank you. Anybody wishing to speak in favor of BCA09-26? Good evening. Steven Brand, Delaware County Commissioner's Office. Uh this uh case is in my district, District 1. I've lived in Monroe Township for 57 years, and I would uh ask the board to approve the application request for the hens this evening. And I can tell you that when this comes to my desk as a county commissioner as far as the zero setback, I will approve it. Thank you. Thank you.

Anybody else wishing to speak in favor of BZA09-26? Anybody wishing to speak in opposition to BZA09-26? Seeing none, then the chair would entertain a motion with regard to the application. I'd make a motion to approve BCA09-26 with the condition that there only be hens and no roosters. And would this be for the applicant only then also? Correct. Okay,

we have a motion. Do we have a second? We have a motion and a second. Okay. So, just to restate, um the condition would be no um only hens, no roosters and that the variance for u be for the applicant only and will not transfer with the property. Okay. Okay. Hamilton, yes. Knap, yes. Billington, yes. Britch, yes. Matthew,

yes.

Okay, five yeses. So, that is official action of approval of BCA09-26. Our office will provide you with a letter of that approval. Um, and you can continue with your pins. Thank you. BZA 10-26 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by the Flower Bin Inc. and small sliders requesting variances from the terms of the city of Muny comprehensive zoning ordinance to allow no designated loading unloading area to allow the building facade to be metal rather than natural of natural materials to allow reduced foundation plantings on the east side of the building and to allow reduced front green belt. call for a new restaurant on a corridor road on premises located at 211 West McGalliard Road, Muny, Indiana, as more accurately described in the application.

Yeah, my name is Bill Terry with Y Engineers 1050 North College Avenue, Indianapolis, Indiana. We're here for four variances tonight. Uh hopefully to get approved. Um we have gone back and forth with the Delaware County planning with Danell and with Kaylee Kayla um for the last couple months working on a site plan getting everything ready reducing the number of variances. So we're here to request for um the loading and unloading zone uh facade of the building uh the east foundation which is basically the drive-thru lane and then the front green belt. So um a little bit on the front green belt. It was a choice between a sidewalk. We're having plings and they chose to have a sidewalk in the front for pedestrian. So, that's where we're at on that. So, I do have architect on board. I do have the client on board. Um, we're open for discussion with any questions. because I guess one of my things that stood out when I saw the pictures that um and it's kind of addressed in here that it's a corrugated metal. So, it kind of to me looks like it's um sticking out like a sore thumb with um kind of some of these surrounding areas. um and kind of what the corridor standards are are trying to address is have there been any discussions of doing any other type of materials or something to make it look like

it was discussed in the very beginning. Um this is a prefab building. It comes in two sections. So that's how it's it's set. um to do a special um I want to say earthlike features would be very expensive and not be a modular building. So it is their uh standard that's this is their brand um out of Texas and Louisiana. I guess um this might be a question for you and for you. Um, I know that in our packet we had received an email um from the city engineer talking about um guess maybe some configuration of lanes and stuff. Is that a part of the site plan that they would have to have approved?

That was from Madame Leech or Yes. Or maybe Yeah. So the there's a drive on the west side. We've shifted that more to the east away from the Red Lobster. We made that a right in right out with a median okay workshop. So that's uh not going to be able to turn left. You'll be able to turn left on the east side of the uh of the where the f flower bin is today. So I've already been in contact with him. John Anderson u everybody basically. Sure.

Does any other board member have questions? Seeing none or hearing none, I guess I'll have my client someone else. Yep. Sorry. Fine.

Just want to introduce the brand just briefly. My name is Justin Reeds 13733 Carmel Indiana 46033. My business partner who could not be here tonight. Ellen Broyals is my native. Uh her family, she's third generation business owner. Her family owns uh Reliance Manufacturing here in town. uh my novelty and Indian ticket company. So our roots are deep uh here in my she and I are pitching partners in this franchise concept concept was named 2023 fastest growing concept in the country uh and a brand to watch. Uh we are the franchises for Indiana. This will be hopefully our flagship location. We've signed an 18 unit development agreement. Uh Muny will be our first because Muny is our roots. My is where she's from. Uh we believe great connection with college town, great connection to where we're from. uh and a tremendous market opportunity for Muny at large. Uh but this will be our first location of 18. Happy to answer any questions. Any other questions of the applicant? Then you may have a seat then. Thank you. Anybody else wishing to speak in favor of BZA 10-26? Anybody wishing to speak in opposition to BZA 10-26? Seeing none, then the chair would entertain a motion with regard to this application. I make a motion to approve BCA 10-26 with the condition that the applicant continue to work with staff to submit an approved site plan and seek any additional variances.

Second Um, we have a motion and a second. Roll call, please. Nap, yes. Millington, yes. Rich, no. Hamilton, yes. Matthew, no.

Three yeses, two nos. So, that is not official action. Um, so that would mean this case would be continued to the next BZA hearing. Um, our next meeting is April 30th, 6 p.m. in this room. BZA2-26 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Chris Hyatt requesting a variance from the terms of the city of Muny comprehensive zoning ordinance to allow an increased height of 23 rather than 17 feet for a variance of 6 feet for a new pole barn on premises located at 2812 West Burgewood Drive, Muny, Indiana, as more accurately described in the application.

Uh, good evening. My name is Chris Hyatt. I live at 2812 West Virgilwood Drive here in Muny, Indiana. Uh, here tonight as described to apply for a variance of height of a auxiliary building, a polebar/g accessory building associated with my property. Uh my property sits at a dead end uh in an addition uh I know as Mson Woods there on the south east corner of Bethl and Tillison Avenue consists of.98 acres just under one acre. Um the building uh issue consists of a 36x 64 about 2300 square ft and we're requesting a height variance because one of the pieces of equipment that I plan on putting in there is an RV has a 13t height. We require 14 foot overhead door to get it in a building. Requiring a 16 foot sidewall because you have to have two foot of clearance for the opener and with the pitch puts us over. Uh this kind of came as a surprise at the last minute, but there's where we're at with it. I have other pieces of equipment, but the uh the issue at hand that causes a duress and the need for the variance is the uh RV regarding the height on the thing. Um, I've taken the initiative to make a lot of improvements on the property over the course of the last 5 years I've lived there and I think that this is uh, my humble opinion a an asset, a positive thing. It is my personal property. I'm only looking to the increase the value of it as well as hopefully the value of the adjacent properties. I put in $10,000 worth of screening trees along the Tison rightway, 50 of them. uh their emerald green ambberites will grow to about 15 to 18 feet in height and we'll

grow together and create a wall. So it will uh the aesthetics will be will be nice there. So that's basically a real quick snapshot what I got going on. Do you ever plan to use use it for a any business purpose? No. And then um have you um have any of your neighbors reached out to you about um this request? Anybody say that they would disagree with having this in in their neighborhood? No. Several have reached out in support. Okay.

And I've tried to communicate to every adjacent property and everybody within eyeshot of the property. And to be honest, the activity on that property has been occurring since October because we were moving forward under the pretense that we were all okay. So, there's been site work on it, uh, you know, fair amount of work, uh, commitments, contracts, all that other stuff. And then, you know, we kind of got hit with this. So, that's a wrap.

Does anybody else have um any questions of the applicant? This is going to be a repet repetitive one because I heard you say it, but I just want to make sure I heard you right that you said that there have been screening trees planted along Titson to prevent there being a giant view of a full barn. Is that correct? Yeah, I have 50 a line of 50 abberites, ever emberine abberites that will create a screening. It's it basically replicates what's over in Applewood uh villa uh condominium complex there. They have the same type of trees. So, basically, it's going to be kind of a screened in tree area. Okay. Thank you.

Any other uh questions? Seeing none, you may have a seat then, sir. Thank you. Anybody else wishing to speak in favor of BCA2-26? Uh my name is Cole Miller, 310 West, 200 North Lange, Indiana. Uh I'm here on behalf of Morton Buildings, the U contractor for the building. I just kind of wanted to uh point out as well is that the the building that we're putting up uh isn't just your average pole barn. So we do concrete lower columns. We use commercial grade steel. I mean, Chris has gone out of, you know, with us gone out of his way to make sure this is a uh a valuable asset uh to him as well as our community. Uh our buildings tend to appreciate over year over the years versus depreciate uh like a standard pole barn because of the way we build. Uh I mean, we build multi-generational buildings to to stand the test of time. So that way there continue to be a positive appearance as well for the neighbors. Thank you.

Steven Bran, Delaware County Commissioner's Office. I'd like to speak in favor of this. Hopefully, you guys will will find and approve the application. I think that uh a quick walk around any of Mr. Hyatt's properties demonstrates his care and concern. Everything's in tip-top shape, dress right dress, and the proactiveness of planting a natural screening uh in in anticipation of this, I think, demonstrates his thoughtfulness. So, I encourage you guys to approve it tonight. Thank you.

Hi, Mark Moru, 2808 West Birdwood Drive in Muny. Um, I'm Chris's neighbor just to the north. I've lived in my wife and I, we've lived in the neighborhood for over 20 years. Um, Chris has been there maybe three, not sure, five, that long. Five years. Um, this neighborhood is a is a what I would call upper middle class. It's a it's not a development per se. It's all the houses are individual architecture and u um it's an attractive neighborhood. It's res it is residential, but as Chris told you, it's at the corner of Tison and Bethl. And uh just within 500 ft are the Thai Smile and the Marathon gas station. And directly to our north is towering over us is the Ball State stadium and the Ball State indoor practice facility are there. Um, and we hear all the football games announced in our neighborhood. We also hear all the baseball games which are up at at the Mgalliard and Titan. We hear them in our neighborhood, too. Um, so the it's a nice place to live, but it's a noisy place to live. It's it's uh a residential atmosphere in a kind of a busy location. Uh it is a culde-sac. There's one entrance, Bernell Street. It says no outlet when you turn into there. Uh Bernell go is a straight line. The dead ends just before Titson and then Burgewood is a U-shaped street. Both ends connect to Bernell. Um and it's a very pleasant neighborhood. uh uh a lot of retired people uh professional people um uh also uh you know former Borg Warner people and stuff too. Um but we all know each other. We're uh we're all friendly. We have neighborhood picnics. Um and I'm I just want to say that that Chris is uh has fit in very well as

being a good neighbor in this neighborhood, being a a valuable part of our community. Um he uh um he does maintain his property well besides the those 50 bushes he planted along Tillison uh to uh to grow a screen there, a natural screen. Uh he's put a a his house did not have a sidewalk leading up to the front door. He always entered by the side door which is over on the dead end side on the Bernell side that dead ends uh on the side of his house. Um on the Birwood side, there was never a sidewalk. He put in a uh a circular drive and a beautiful flagstone sidewalk and a very attractive uh metal uh sort of picket gate uh in the front of the property. Um he maintains the rest of the property. Well, this building would actually be technically be in his backyard behind his house because his house faces east and this is going to be on the west side of his house. Um, but it will be visible from from Tillitin, especially until those those green uh bushes all grow up to the height that they're supposed to. Um, uh, also I mentioned that Brenell dead ends right there by his house. It's uh it used to go connect to Tillison and I long before we moved in there, the city put a dead end there uh to keep cars from using our our neighborhood as a way to to cross from Beth over to Tillison and not have to deal with a traffic light. Um and uh I don't know who somebody has built a small a like six foot stockade fence. There are two sections of it with a gap in the middle that you can walk between to get over to the sidewalk on Tillison. but to discourage cars from jumping the curb and driving across the grass and down

over the next curb to get on to Tillitin. Um that that fence was falling down one time. Um I did a very poor job of just pounding a a metal pole into the ground next to it and the thing was leaning at a 45 degree angle one of the sections. And I just uh cable tied the post to that pole to try to keep it from falling over. Chris saw me doing that and uh and uh he said, "No, I'll take care of it." He replaced that fence at his own expense. He put a new fence in there. Um he uh over the winter, I' at least twice I know of, he's plowed out the driveway of the neighbor, the lady neighbor across the street who is a widow now. Um he saw me shoveling in the last big really heavy snowfall we had. He saw me shoveling out in my driveway, which is my driveway is uh probably 70 ft long. Um he came over and and used his front end loader to shovel my driveway for me. Um he's a great neighbor. He's a we're we're not good friends or anything. I've been in his house once. He's been in our house once in the five years he's lived there. He's out and about a lot. He knows who the people in the neighborhood are and we know who he is. And uh we're glad to have him there. Um and so I'd just like to say that oh this I will see this building out my bathroom window and out the the window in our bedroom. It will be visible from our house looking out to the south side of our house. Uh because we're directly north of him and it will not bother me at all to see that building there.

Thank you, sir. Anybody else wishing to speak in favor of BCA um 12-26? One more thing I forgot in my notes. Um the house directly across the street from Chris to the south across Birdwood is taller than this building is going to be and is closer to Tillison than this building is going to be.

Thank you, sir. Okay. Okay. Anybody wishing to speak in opposition to BZA2-26? Okay. Seeing none, then the chair Oh, I'm sorry. My name is Robert J. Kester. I I and my wife have lived on um West Bernell Drive now in Muny Woods for 43 years. We built the house that we live in. Uh I'm here this evening to share my opposition to the requested zoning variance being considered this evening. The requested height variance would permit construction of a building of 23 feet in height, which is essentially twice the height of the owner occupied house in question. If you look at the height of the ridge over the garages in that existing house that Mr. Hyatt lives in the ridge is at about 12 ft and the proposed building that he wants to put to the west of his house in the backyard essentially is 23 feet almost twice the height. The foot footprint of the building is quite large. The materials that were submitted to you for review noted positive support from the neighbors, but we've never been talked to about this by Mr. Hyatt. We've not talked about it with the neighbors except for five minutes here tonight sitting next to one of my neighbors. Um so there was never introduced to the neighborhood as I understand it to say this is the game plan. Uh if um the other thing to note is that the

project is already under construction as was just stated earlier. The uh land which faces to the south onto Bernell has already been removed of top soil has already been graded flat has already been covered in gravel. So the project is underway. We had no idea And so when we got the announcement last week that this public hearing was happening, we felt the need to be here. If you approve this package that was submitted to you, all you're approving is a 23 foot measurement. You have no information about what this really is. I've looked through the materials you received. The submitted graphics that are exhibited on pages seven and eight of the variance requests are not drawn to scale. If you look at how the two sheets of representation of the footprint of the building are shown, many of the larger dimensions noted on the one drawing are actually physically smaller than lesser dimensions. 47 ft is actually shown to be less than 34. There are many other such errors in that particular drawing. The U footprint of the building on that drawing is not the same location as it is on the other drawing. Plan and driveway locations are inconsistently placed. In the one drawing, the existing drive, which is quite wide, it feeds three parking places, three garages, and the existing house that runs straight out on an angle to Birdswood, excuse me, for now. But in the

illustration, it's shown to be a curved road or curved drive. So the inconsistency of representation, lack of scale means that we're really not being given much information about what's really going to happen. Instead, we're being told that all we have to do is agree that 23 ft is somehow agreeable. The other concern we have is that the meaning of the term poleborn, although there's been some testimony tonight, uh has not been made clear. Is it to be a wood pole framed or an industrial steel framed building? Is it to be clad in wood siding or industrial sheet metal? Is it to have a flat roof like Walmart or is it to be a pitched roof like you see at the Ball State football fieldhouse? And if it is pitched, in what way does the ridge run? Is it an east west ridge or a north south ridge? Where does the gable point? Does it point west or does it point north? We don't know. It's not being told to us. It's not being provided. There are no photographs provided of what the neighborhood looks like. There's no information shown as what the experience is. When you drive in, drive down the street, drive further down the street, you get to the end where this house is located. And that's when we drove a few days ago and discovered that the excavation is already underway. no images of that. And what's more important is there's no overlay image on top of the existing house photograph to say here's the house in front to the east. Here's the pole barn to the west and behind. And if you consider the fact that the height of the ridge of the existing house over the garages is about 12 feet. Oborn's 23 feet. That means it's going to loom over the existing

house in a significant way, which will be visible as you drive down Bernell and it will be visible as you drive around Birwood. And if you drive Birgewood counterclockwise, you see it even more significantly because it will stand up behind the existing house. Very noticeable form. So, you're being asked to make a decision about a number 23 ft. you're not being asked to make a decision about the character, quality or impact of the project proposed, although apparently drawings do exist. The other concern we have is that no matter which of these many factors in the proposed project uh have not been shared, we just don't think that the character of this industrial scale construction makes any sense to be put in a convenient, quiet, lovely residential neighborhood. It will probably reduce market value and we know for a fact from written studies that folks will be less likely to want to look at houses in the neighborhood when they go up for sale because of this isore at the end of the street. Now, the fact that $10,000 was spent on shrubbery is a very notable thing and it will screen till it's in, but no mention is made of screening the neighborhood. There's no information provided about the impact on the neighbors, although one neighbor is in favor of it. So, we feel that uh it's an inappropriate package you've received and we feel that you should not affirm the 23- foot request. Thank you.

Anybody else wishing to speak in opposition? My name is Jill Galer. I have resided at 2709 West Bernell Drive since October of 1980. Um, I think my husband and I should have looked at each other's notes, but I'm going to spare you what I've written because he more or less mentioned it his discussion. I do want to say that I was going to bring up two issues I have with Mr. Hyatt's request for a variance. First being the whole barn is just out of character. in a quiet residential neighborhood. It's more or less the kind of thing that people think about on great tracks of land or places like this. These Mr. Hyatt said it was.9 acres boxed in by birds and burn being this out of scale with planes. The visual impact for everybody is kind of um quasi industrial, quasi residential, more or less what it reduces the neighborhood to. And that can be easily equated to declining neighborhood desiraability and most certainly an adverse change in the neighborhood's traditional landing. Bob more or less covered that. Second issue that I wanted to raise was

that pole barns are perceived by most people as industrial structures and not as customary urban backyard improvements. This perception more than likely will impact the property values of neighboring homes. As it stands, the pole barn satisfies the definition of external or economic obsolescence. That being, excuse me, a loss in property value caused by external factors outside property boundaries. The proposed variance is a classic case of overdevelopment wherein its construction does not fit the longstanding footprints surrounding homes and as such it interrupts the character of the neighborhood thereby diminishing the overall quality of this community of homes. Here the pole bar viewed as a commercial intrusion has a decided potential to lower surrounding property valuation. Even if the appraisal value doesn't decline, the industrial appearance can lead to market resistance. Essentially, a reduced number of buyers leading to a longer time on a market for any home in the neighborhood. Earlier this year, the Delaware County Commissioners rewrote the industrial solar energy ordinance for farmland. Within the new wording, the ordinance states that folks who install solar panels on their property must guarantee the future property values of their neighbor. Having established a president pre president precedence with this ordinance,

I would submit that should the variance be approved, Mr. Hyatt should be subject to the same warranty. Thank you. Anybody else wishing to speak in opposition to BCA2-26? And before the applicant comes up, um there is some information. I don't know if you want to address that.

Um I would just also like to say in our office, we sometimes hear the words poleb barn, barn, garage, accessory structure used interchangeably. Um in Mr. Hyatt's application, he does say a proposed barn. Um also you guys are the acting body on the height alone because we are looking at the ordinance. So any of the other aspects of the barn whether it be the construction of it, the materials would all be um looked at by the building commissioner as well. Um we did receive one email that I would like to share. This was not in your packets, but you did receive it this evening. Um, this was sent to us uh March 17th. To whom it may concern, we neighbors of Chris Hyatt have no objection to the barn he wants to build. Um, signed by Amanda Cohen.

And if you can, Mr. Haya um step up to the podium and maybe address some of the um concerns um that have been brought forth. Um and kind of as um indicated um we're not so much and don't have control about like the materials and stuff. We're just addressing the the height um request

and uh uh as uh Mr. Miller spoke to as the building manufacturer. I went extra distance and incurred much additional expense to put up a first class uh building. Um to what I think is relevant uh to the objection to the to to my project here. I want to emphasize that I am on I'm the last house on the dead end. Um, Robert and uh uh Jill live about a block to the Keystone on the uh south side of uh Bernal. Uh if you stand in their property, you can't see the building, the proposed building. It's on my backyard and they face my front yard. So direct line of sight for them is the building's not visible. Could would the peak potentially be visible above my property? Yes. Uh they live in a two-story house that actually is greater in height than the my proposed building. Uh as the was already stated, uh there are several two-story buildings. Some are considerable size and height and I think that the restriction is 30 feet in that zone. And uh and so we're we're well well below below that. Uh it's unfortunate that I didn't have a conversation with my neighbors. Uh they walk a dog routinely. They're out in their yard routinely. Uh matter of fact, uh Miss Cocker uh walked her dog just yesterday uh right by my house. I was standing there thinking maybe she would want to engage me about the bright orange sign that was

posted as she walked by, but she didn't. Um, maybe I should have held her and and ask her if she had a problem. I didn't. Um, she was at distant that my I guess my focus was the people that were directly affected. Um, I would propose that um, Robert and Jill live in the neighborhood, but they never drive down to my end of the street. They walk the neighborhood. They have a dog. They take care great care of their house as well. Just put a brand new roof on. And uh, so I can appreciate their concerns, but uh, once again, I think, you know, we got to stick to the the issues at hand. And uh I stated before, yes, there was advancement on this property, much to my grant at the end of the day when I was met with the fact that at the last minute, oh, by the way, you got to have a high. So, um, is there anything else that the the board members think I need to address relative to the objections at 11?

That I'm aware of. Thank you, sir. Mhm. Yeah. I I uh I mean I don't know the total package. I had several interactions with the Metropolitan Planning Commission straightening out some dynamics. I don't know exactly what drawings were uh registered. I do know did was there an aerial in a package submitted? Yes.

Okay. And there was some concern about these numbers. 47 ft off of the curb of Titson. 34T is the back. He's set back from the adjoining property to the north and uh the drive is 70 ft to burn out. Uh just to make sure that's straight uh in every regard and that is pretty much to scale. That's about how it's going to set. Uh and I tried to make it as accurate as possible short of hiring an engineer survey. And we're uh I I guess the zoning has changed a little bit. Uh we're nowhere near percentage of lot use issues. You know,

I don't think we're concerned about that. So, yes. So, yep. All right. No. So, uh hopefully uh we can move forward with this and Okay. Get the project done. Thank you, sir.

And just for the knowledge of the board, um since it was brought up, the public notice um that's required for these meetings was met. U Mr. Hayatt provided the materials for that. Um in the surrounding property owner list, there is around 51 um residences that did properties that received that public notice. Okay. Then the chair would entertain a motion as to BZA 12-26. Motion to approve BCA2-26 with the condition that the building be for personal storage only.

I'll second that. We have a motion in a second. Roll call, please. Billington, yes. Rich, no. Hamilton, yes. Nap, no. Matthew,

yes. I get three yeses, two nos. So once again, that's not official action. This case then would be continued to our next BZA meeting, which is April 30th, 6 p.m. And you will need to be there um to represent your case again. BZA13-26 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Troy A and Jerry B. Tucker requesting a variance from the terms of the Delaware County Comprehensive Zoning Ordinance to allow an increased height of 19 feet rather than 17 feet for a variance of 2 feet and to allow the 1,872 total square footage of all accessory structures to exceed the 1527 foot square footage of the dwelling for a variance of 345 ft. All for a new pole barn on premises located at 18709 North Little John Lane, Union Township, Delaware County, Indiana, as more accurately described in the application.

Hello, my name is Troy Tucker, 18709 North Little John Lane, Muny, Indiana 47303. Uh, I'm requesting a variance. Uh, you said pole bar and it's it's actually a steel three bay garage. It will be for personal private storage and use only. No business, no mechanical work. Um, I have an RV which takes the center center section for the 14T door, a pontoon, and a truck that I just don't want to use as yard ornaments and and take away from the the aesthetics of the neighborhood. I haven't heard any complaints from the neighbors. Uh, mailed out the flyers. Nobody stopped and said, "Hey, no, I don't want it." Uh, had the orange sign posted for a week and a half or more. Um, I went through our neighborhood and counted 15 additional structures on the two roads and the the little section in between the two roads of our neighborhood, not including sheds. They were garages or andor barns. I don't think there'd be any issues with anybody about it. I think there's one original neighbor plus my dad from when the neighborhood was built and we moved in across the street from my dad this past summer. The uh I'm sorry, the the steel structure would be at the the north northwest back corner of the property. Um, I've got one neighbor to the north and he's already put up a privacy privacy wall between the houses and there doesn't seem to be any issues there with him. And then there's a wooded fence road behind the house that would block the view from uh Hos Road which has a house back on it and he has two structures. One of them

is a tall barn, so I don't think it would be an issue. Any questions from the board? I think you can have a seat then, sir. Thank you. Anybody wishing to speak in favor of BZA 13-26? All those um wishing to speak in opposition to BCA13-26. Okay. Seeing none, the chair would entertain a motion as to this application.

Um Kylen, could you comment before we make a motion about the plat restrictions for this case? Um so I think we also made the applicant aware flat restrictions. They do not restrict this board in our authority over the ordinance but they could even if we grant that ordinance those plat restrictions could be acted upon and enforced by neighbors. Um so we did inform the um applicants of that. Do you have anything to add, Kayla? Sorry. Um, not really. The applicant was made aware. Um, and I believe that the plat restrictions is that the garage is not for more than three cars. Um, but the board isn't bound to that at all. And if neighbors did want to enforce it, it would be through civil action. Okay, I will

Did that help? That helped me personally. Yeah, that I will make a motion to approve BZA13-26 with the condition that it be for personal storage only. I'll second that. I have a motion and a second. Roll call, please. Rich, no. Hamilton, yes. Nap, no. Billington, yes. Matthew, yes.

Three yeses, two nos. Um, repeat. So that will um unofficial action that will cause your case to be continued to the next BCA meeting which is April 30th 6:00 p.m. in this room. So you will also need to be at that meeting to represent your case. You can come. Yeah, you can come to the podium if you have a question.

Is there anything that I could address to the nose? Any explanations or anything that I need to And I think we're back to because I think there may be somebody here. I'm not sure. Guess we need to call that again.

Yeah. So, we are back to um BZA05-26. Um is anyone here to represent that case from Game of Homes LLC? Okay. So guess we have the option of continuing it again or um say that they can't proceed further or I guess what options does the board have? just this is the second meeting where no one has attended on behalf of the applicant even though there's been documentation

showing that the applicant is having somebody attend. So if the board wishes to continue this case again they can um or the board can choose to take final action on the case tonight if they so wish. I guess if they take if we take final action would be like we normally do just make a motion as to approval or desert approval. Okay. I guess we need to at least have a motion in an in a second to have discussion as to I guess the board. Is that correct? We need a motion for discussion.

Yes. About about well which way the board wants to go. I'll make the motion for discussion of this case. No, you'd be making the motion to take either take action on it or then I make a motion to reject BCA05-26. I'd second that. So then any discussion from the board with regard to the motion

twice didn't show up. So we are the motion is to not approve. Yes. By saying yes, we're voting to not see this case. That's correct. Have a motion and a second. Roll call, please. Nap, yes. Billington, yes. Rich, yes. Hamilton, yes. Matthew, yes. Five yeses. So, that is an official action of denial of BZA05-26.

That's our next We're moving on to other business and report from the director.

Okay, I will be quick, guys. Um, Mr. Hamilton, you haven't gotten to hear this before, but at the end of the meetings, I give a quick summary of some things about our office. So, um, I also pass out the paper to everyone. So, um, building commissioner, I report on the number of permits issued so far this year. Um, and you can see the breakdown there, but we've issued through the end of, um, uh, February, a total of 106 permits. Um, 204 inspections have been completed. on the MO side of our office which is transportation. We have recently submitted our unified planning work program for fiscal year 27 and fiscal year 28 and it is currently under review from INDOT and federal highway. Um we did receive numbers that our fiscal year 2027 distribution will be $251,859.72. These are our planning dollars. Yeah,

I have a public service announcement. Safety warning. There's a tornado warning in Madison County. Hasn't been put in place in Delaware County. Should you hear the tornado siren, which is on the roof, the tornado shelters on this floor are the restrooms at the all all far end of the hall. So, if you hear the tornado sirens, please go to the far end of the hall and go in the appropriate restroom.

Thank you. Um, those are our planning dollars that we can use for reimbursements for salaries and so forth. um plan reviews completed. Um you guys see the uh variances that need to be asked, but there are many plan reviews that don't require variances. So, I just added this in here. This is new. Um so far, there's been 23 plan reviews, and those are site plan reviews, landscape reviews, sign reviews, and wireless tower reviews. On the back, I did list kind of some of the things we're looking at when we look at those reviews. Um and then obviously if they are not meeting the ordinance that's when they come to this body. Um committee ma meeting cases heard so far um are listed there. We're at a total of 14 for all of our different committees. Um and then just other Chris Smith one of our uh plan commission board members did do a presentation in the footsteps of Lewis and Clark. I think I told you guys about that one last time. I did attend and one of our plan commission uh board members Ricky Cyp attended with me and it was fabulous. So um I will provide you they did record it and they are going to post it on YouTube. So when that happens I will provide you guys with the link. Um several of our staff members, five I believe attended the idea conference this month. um that was very beneficial and then um I think five or six attended the APA Indiana chapter um spring conference at Ball State. Thank you everybody for your time. Be safe. Okay.

Motion for an adjournment. Thank you everybody.