Board of Zoning Appeals - Regular Meeting

I'd like to welcome everybody to the August regular monthly meeting of the Delaware Muny Metropolitan Board of Zoning Appeals meeting. Um, so if you can please stand for our pledge of allegiance. to the flag of the United States of America and to the republic which stands one nation under God, indivisible with liberty and justice for all.

Roll call, please. Mr. Billington, here. Miss Brandon, Miss Fr. Miss Kaiser, present. Miss Knap, I'm here. Miss Matthew, here. Okay. So, we have five members present. So, we do have a quorum. Okay. The next U matter on the agenda is um consideration of the minutes from our July monthly meeting. Um the chair would entertain a motion on that.

I would make a motion to approve the July monthly meeting minutes as presented. And I'll second that. We have a motion and a second. Um, roll call, please. Miss French, yes. Miss Kaiser, yes. Miss Knap, yes. Mr. Billington, yes. Miss Matthew, yes. Five yeses. So, that is approval of the July minutes.

Okay. Thank you. I guess want to go over some housekeeping rules or kind of explain um this evening. So when your um case is called um if you can please come to the podium and give us your name and address. Um everybody who wants to have a say whether um you're in agreement with what is being requested or whether you um object to it, both sides would have an opportunity to speak this evening. Um, and I would just ask that everybody be courteous to others, um, even if their opinions may be different from yours. Um, also would would request if you have cell phones if you can silence those or turn them off. And, um, for this evening, um, in order for your case to be concluded one way or the other, um, it will, um, we have would be four. We'd have four.

Yes. Y

So, um we would have to have four of the board members this evening to make a determination um whether for or against your case in order for it to have official action this evening. If we do not have a 4 to one vote um or 50 vote um then your case would automatically be continued into um our September meeting. I think we're ready to proceed forward this evening with our new business. BCA 32-25, Jurisdiction Board of Zoning Appeals, being a public hearing on the matter of an application filed by Muny Aviation Company, 5201 North Walnut Street, Muny, Indiana, requesting a variance from the terms of the Delaware County Comprehensive Zoning Ordinance to allow access for the restaurant through an ingress egress agreement with the airport and to allow some parking in ADA spaces offsite and reduced side and rear setbacks. All for a new restaurant on premises located at 5201 North Walnut Street, Hamilton Township, Delaware County, Indiana, as more accurately described in the application.

Uh, Nick Tokar, T A R, address 400 South Walnut, I'm sorry, my old address, 400 West Jackson Street, Muny, Indiana 47305. attorney representing Muny Aviation. I think at prior public meetings, uh Kathy Benise had represented them from Ashton. She's out of town, so you've been downgraded to to me tonight. With me is Britney Ray, vice president of Muny Aviation. Got Julie Bearing, their real estate broker who's helping with the underlying transaction. It's all part of a request to subdivide a parcel. This would be the building that had housed restaurants uh throughout the years. I think before my time in town, there was a really popular restaurant called Vince's out there and we took another really popular restaurant out there, but to subdivide that parcel, um it does not have direct access to Walnut Street. So, you see the requested there for the ingress egress easement and I think all the rest of the variance requests are laid out pretty clearly in that summary as was read by Kylie. So, if you have questions uh for me or anyone with me tonight that we can answer, I'd be happy to. But otherwise, thank you for your consideration.

Well, it appears then I I think you address it a little bit, but there will be an ingress egress and a um a parking easement agreement that will be prepared. That's correct. Okay. And it's my understanding and and maybe um Hilen can talk a little bit about this um this has gone before the plat committee is is that correct?

Yes. Yes. Um yeah so that would be for the division of Landon. um they also then recommend this process um be completed. Does any um of the other board members have any questions? Could you just elaborate a little bit on the I guess the development plan or the why behind the request? I'm not sure I fully understand.

Okay. So, the the parcels being sold and the parcel that's being subdivided, I don't know if you have a map of it in front of you, but it does not have direct walnut access. So, in front of the building, there's a little bit of parking and then there's more parking. So, this would be the east side of the building. That parking is owned by the Delaware County Airport Authority. That's who's going to grant the the uh easement in between. So, that's this that's one of the specific reasons we're here. uh in front of this body looking for the variance. Got it. And is it correct that this is being divided off in order to be sold just that portion?

Correct. Okay. Thank you. Okay. Anybody else have any other further questions? Okay. hearing none, then you can have a seat there, sir. Thank you.

Anybody um else wishing to speak in favor of BZA 32-25? Okay, seeing none, then the U chair would would request if there's anybody in opposition um to BZA 32-25. If so, this would be your opportunity to speak. Okay. Seeing none, then the chair would entertain a motion as to the request um for the variance. I will make a motion to approve BCA 32- 25 with the conditions stated therein. No, no conditions. Just with You mean with the hardship stated within?

Yeah. Okay. Okay. Just to clarify. Yeah. Sorry, I was reading the the flat um committee's conditions that were on here. So, thank you. I second that. Yes, we have a motion and a second. Um, roll call, please. Do you have anything? Let's see. Who are we at here? Miss Kaiser? Yes. Miss Nap? Yes. Mr. Billington? Yes. Miss Fritz? Yes. Miss Matthew? Yes.

Okay. So, that is five yeses. So that is approval of BZA32-25. Our office will provide you with certification of that approval which will allow you to move forward with your platting process, development process, including any permits needed and all the other things. Thank you. Yes. And again, once your case is is completed, you are free to leave. Thank you.

Thank you. Are you ready? BZA 33-25 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by JRF Management LLC 1924 North Elm Street Muny Indiana requesting a variance of use from the terms of the city of Muny comprehensive zoning ordinance to allow a multifamily duplex unit to operate in a resident zone to allow a new duplex together with an existing dwelling for a total of three dwellings. in a single family residence zone on premises located at the northwest corner of North Madison Street and East Berkeley Street, Muny, as more accurately described in the application.

Hello, I'm Joe Jackson with JRF Management. It's my son and I. We own that uh LLC and we actually own the the house right on the corner which was in terrible shape and when we bought it it had three lots with it. So we renovated the house right on the corner for my father and my stepmother and my father's now deceased. My stepmother lives there. So on the other lots I mean we we're actually in the process of subdividing the lots. It's three lots but one parcel, but when we're done it'll be two parcels. And so we'd like to put a a duplex on the other parcel that's undeveloped at this point. We own other properties and it seems like there's a big demand for for properties in Muny. So, we thought this would be the best way to answer that. That's a nice area too right there. And I think in as part of your packet, you have um put together like a um a drawing set um with the layout with regard to the duplex.

Yes, there's two they're actually five bedroomedroom units, two of them. And I have six children. My son, he has five children. And we've firsthand experienced how hard it is to find a large unit for a family. So, we thought, well, we'll build these large and if somebody doesn't need all five bedrooms and they've got an office or they've got a sewing room, plus they have two or three bedrooms as well. So, anyway, we're trying to be flexible with the needs of the community. Large units are hard to find.

So, have you reached out to any of the um neighbors with regard to what your proposal would be? Absolutely. I I've I walked the neighborhood and I stopped at like 15 houses, but I only found like about eight people homes. So, I asked them, I explained what it is. I showed them the drawing and I had no negative comments. Everybody was thought it'd be a good development just for a vacant piece of land right there. We're just right across the street from an apartment complex, you know, but they don't have large units, so Does anybody have any qu other questions? Then I guess you might be um if you want to have a seat then sir. has questions for me. I'll be glad to answer.

But I'm I'm I'm not hearing I'm not sure if Delaney has any questions. Well, you're intentfully looking, so that's why I was I was just wanting to make sure. I don't have any questions. I know.

Anybody um else wanting to speak um in favor of BCA 33-25? Okay, seeing none, anybody wishing to speak in opposition to BZA 33-25. Also not seeing anybody then um the chair would entertain a motion with regard to the applicant's request. Sorry, I actually do have a question more about

so with the intent to split the um property to have it replatted, is that something legally they'll have to do with if they don't have a variance for that or is that a condition we need to place upon this in order for that to make sure that happens? Um, correct me if I'm wrong, Fred, but I believe they have stated that is their intent, but they they would not be bound to that by this decision. Okay. But if we wanted to they're not going to be legally required to do that if we don't condition on the approval of the variance. Well, they couldn't build over.

We've already contacted the company. It's already in process. We already matter of finishing it up. Sure. So, it sounds like they'd be agreeable to such a condition if you wanted to put that on there. Yeah. Okay. Um, then I will make a motion to appre approve BZA 33-25 with the condition that they split the property so that the single family home is on one plat and the duplex is on another. We have a motion and a second.

Roll call, please. Miss Knap, yes. Mr. Billington, yes. Miss Frri, yes. Miss Kaiser, yes. Miss Matthew, yes. Okay, so that's five yeses. That is approval of BZA 33-25. um we will provide you with the certification of that and you can move forward with your permitting and other um processes. Thank you.

Thank you. BCA 34-25 jurisdiction board of zoning appeals being a public hearing on the matter of an application filed by Daniel C. New House, 4313 North Janney Avenue, Muny, Indiana, requesting a variance of use from the terms of the city of Muny comprehensive zoning ordinance to allow a reduced front setback for a proposed 20ftx 22 foot carport in a residence zone on premises located at 4313 North Janie Avenue, Muny, as more accurately described in the application. Hi, Daniel New House, 4313 North Jany Avenue. One second. Um, so yeah, we're just trying to put a carport in residential area. So something we wanted for quite a while. Um, just because we don't have an interior garage and let's see, we attempted for 25 ft. I was asked to bring it back to 20. So we're submitting for 20 ft now. Um, I have a pressure wash business as well. So that is part of the reason for uh the request simply to protect uh you know cars and basically just depreciates faster without uh the carport there. So that's the main reason I'm asking for it.

I think I was told within 30 ft is why I needed the the variance. So it is going to be it was going to be 12 ft from the street and then with the reducing back to 20 ft it'll be about 17 ft from the street. So have you spoke with your neighbors about this?

Yes. Yes, I have. So I've I've spoken with just the surrounding neighbors. They don't have any issue with it. Um I did not go, you know, to streets over or anything. U but just just next door neighbors. So I think your um your application says that you you would have a professional install the um car port.

Yeah, correct. It'd be direct structures. Um I think they're off of 67, but yeah, it' be professionally installed. I wouldn't be uh doing it myself. And it's also my understanding that this would be for your own personal automobiles.

Yeah, correct. So, like I said, it's something that we were thinking about getting just because we don't have any any garage to store our vehicles in. Um, and then after I started the business, it would be Yeah. for both essentially, but I do have one commercial vehicle, just a regular truck, but that is the the primary reason. So, question. Anybody have any other questions of the applicant? I'm just curious because it's getting so close to the road, but there's no turn or there's nothing that's going to impair the vision of people driving down the road.

Uh, no. I have I have three kids myself, so if it was, I wouldn't have um asked for it. So, yeah, it's it's going to be far enough off that we can still have a good view. Okay. So,

I have a question. Is your you stated you're you do have a business. Is your intent to use this to conduct your business? No. Yeah. So, just to be clear, I don't do any business on my property. I just it's a service business. I go to other people's houses. Um I just have equipment sitting in my truck. So, it just helps protect it from weather. Um but yeah, I don't do any business on my property. So, that's the that's what we were that's the understanding we were under. I just wanted to make sure and have you clarify that. Yeah. Yeah. Yeah. Okay. Thank you.

Okay. Anybody else wishing to speak um in favor of BZA 34-25? Okay, seeing none, anybody wishing to speak in opposition to BZA 34-25. Okay, seeing none, then the chair would then entertain a motion on the um request by the applicant.

I will make a motion to approve BZA 34-25 with the hardship stated therein. [Music] Okay, we have a motion and a second. Then roll call, please. Mr. Billington, yes. Miss Frri, yes. Miss Kaiser, yes. Miss Knap, yes. Miss Matthew, yes.

Five yeses. So, that is approval of BZA 34-25. Our office will provide you with certification of that approval which will allow you to um proceed with um seeking out your permits.

Um the you will turn in is this in city? Yeah. Um so the city building commissioner you could contact them to kind of ask them of their their time frame on that. Um, I can't really speak on what their their time frame is currently. Okay.

Uhuh. So then the next order of business then is the report from our director. Okay. So I've got your numbers there for you. These are the same as last time. I'm going to start reporting the month after. Um I used I have been doing it um to the date and then since this meeting is the last couple days of the month then I have to go back and add a day or two. So anyway, next month we'll get we'll get new numbers but um these are just through the end of July. So I've already actually reported those to you guys. Um on our NO side we have had our TIP um which is our 4-year transportation improvement program approved. Um, ours had been approved by INDOT and Federal Highway. And then just today, um, we got word that the states was approved by Federal Highway. So therefore, by them referencing ours and theirs, everybody's approved. Um, these are the projects that we plan with the money um that we receive allocated through federal highway. So for fiscal year 2026 um our office received $3,389 5 or $3895. Um those are dispersed to the local public agencies doing road projects, bridge projects, trail projects um and whatnot. So they apply for those monies through our office and then we are able to give them those funds to help out with those projects. the local agencies are still required to provide a 20% match on that. So, this just helps them not have to cover 100% of the project.

They only have to cover 20% with local funds. Um, I did list out the projects that we have, the local urban projects that we have in our TIP. Um, the first two have continued from our last four-year TIP cycle. Um, phases continued. Um there's preliminary engineering phases, there's right-of-way phases, there's construction phases. Um so Titson from Kilgore to McGalliard um is in its last construction phase right now. Um but that is continuing into the fiscal year 2026. Um that was a $3.4 million project. McGalliard from Granville to the bypass is also one that is continuing into fiscal year 2026. Um the state fiscal year starts in July. So um it's not a calendar year. Um that one is a $2.3 million project. And then our two new projects that were added for um our the next four years are a intersection improvement roundabout at Cowan Road and Fusen Road. That's a $4.5 million project. and then an intersection improvement project um roundabout at Tiger Drive and River Road and that is a $3.8 million project. So those are the projects that our no funds are going to help sponsor um for the next four years. Um other items um the Delaware County ADA transition plan was complete. I think I let you guys know last meeting that we were working on this. I only brought one copy if you want to sift through it after this. Um, but it's, you know, a 200page document here. It it was an assessment of all the

county-owned buildings. There's pictures in here. There's um suggestions of things that um how things could be fixed. It identifies anything that's not currently ADA compliant in any of those buildings. Um it does provide cost estimates um and um project suggestions of how to fix those. So everybody can take a look at that if they would like. And this is also on our website. Um the plan commission had our uh meeting that discussed the solar ordinance that took place on August 12th. Um there was a favorable recommendation from that board that will go back to the commissioners and then the commissioners will hear that recommendation at their September 15th meeting. Um, so there was a few amendments and changes at that meeting. Um, and then it will go back to the commissioners um for them to take final action. Last time we passed out rules of procedure for this um committee. I did not receive any comments um back. So, I think we will our next step is to work on getting a special meeting scheduled to go over those and and approve or um adopt those basically. And then also just to note um next week's start is the start of county budget hearings. Um next Wednesday, Wednesday, Thursday and Friday all day are county budget hearings. So, I think we are actually scheduled for our first appearance um Wednesday at around 10:00. So, we'll report back on that, but we will be presenting our budget to county council and

hoping for the best. Is there any questions? Well, we know um we had a meeting like we had tonight. Perhaps we could just take up the rules of procedure and a short meeting. When will we know how much business we have on the our next meeting?

Um our next um application deadline is the 3. Okay. So yeah, the deadline is always like three weeks before the meeting. So each month we'll know how much business we have on the agenda. You guys think we have five or fewer cases going ahead and taking up our rules of procedure at the next meeting and if we have more set special meeting that sound reasonable? Yeah, that sounds good. Yeah, I'm open to that as long as as long as there's not five complicated cases that take

I mean we never actually know, right? But and sometimes five cases could go on for a long time. So just depends the leave that in the hands of our director. Yeah. And we could always um I believe put it on the agenda and then um continue if needed.

I think that would be a great compromise there. And in the meantime, you can always um submit like any comments that you guys have have for it. Any suggestions also. Okay. Thank you. And then um that would conclude the meeting and I guess request a motion to adjurnn then. Motion to adjurnn. Yes. So we are adjourned for the evening. Thank you folks.