Board of Zoning Appeals - Regular Meeting

good start down i'm calling the june 2nd 2020 no i'm not i'm calling the july 7th 2026 meeting of the board of appeals to order we'll begin with roll call garner here kidley here richie here wendell here jacobs here the minutes of the last regular meeting of june 2nd 2026 were distributed to the board members via email or mail are there any corrections if not i'll entertain a motion for approval I move to approve minutes. I second. I refer to second. All say aye. Aye. All opposed? Same? Approved? Okay. BZA 2026-20. Ty, you may present your report.

Okay. Lights, camera.

There we go. Excellent.

So BZA, something, there we go. BZA 2026-20 McMillan Curt J, 11866 Redbud Drive, Plymouth, Indiana, 46563. Various development standard to reduce the rear setback from 20 foot to six foot at the property located at 11866 Redbud Drive, Plymouth, Indiana, 46563. Identified as parcel 5032-9500040500018, zoned R2 Suburban Residential District. So we have a request that is seeking to reduce the rear yard setback from 20 feet to six feet. So here's a picture of the property. You can see the accessory structure there at the rear. The property is a corner, being two fronts. The primary front would be to the northeast. The secondary front would be to the northwest, making the southwest a rear yard. Here's the address, front of the property. And then we took a picture from the corner looking over that direction. And then we took a picture from the side along the secondary road. So for the analysis, the applicant is seeking to reduce the rear yard setback from today's standard of 20 feet to six feet to allow for the shed to stay in its current location at 11866 Redbud Drive. The situation began from concern of sheds being too close to property lines, which led to violation letters being distributed in response to administrative appeals were filed and later replaced with the subject variance of development standard. Setbacks have been long required dating back to before the subdivision was plotted and structures were built. Development standards have adjusted since that time to what they are today. There have been cases, previously some successful, others not, on being able to reduce the setbacks. Under the current standards, there are no differences between primary and accessory structure setbacks and exist in other communities where accessory structures have a smaller setback. Although the shed was constructed back in 2007 based on a property record card, there's no variance on record for the setback to be reduced. In a perfect world, this would have at that time, but a violation may exist for a short or extended period of time. This request is a part of a pursuit to rectify a long-standing issue. The setbacks are set in part to properly define properties, protect assets, as well as allow for maintenance around and of the set structures. So for the decision criteria for you this evening, you have the general welfare adjacent property and practical difficulty. For criteria number one, the approval of the reduction of this accessory structure for this accessory structure should not be interest to the public health safety and general welfare community. For criteria number two, the use and value of adjacent property should not be substantially impacted by this proposal. And for criteria number three, the ordinance would not have originally permitted the proposal, but the percentage of reduction should not pose a significant impact So for recommendation based on the information provided in a review independently of any other accessory structure, staff would recommend approval as opposed to reduction to six feet, which would allow the homeowner to keep said shed at the requested location because it does maintain a safe distance from the adjacent property and the ability to maintain the structure on their own property. So for board determination is up for staff, it's up for board determination with staff's recommendation of approval. Any questions for staff? may have heard a case similar to this a time or two ago. Nope.

Not for me. Anybody else? I'm good, Ty. Thank you. Will the petitioner or representative please step forward to the podium. Please state your name and address for the record.

My address is 11866 Redbud Drive, Plymouth, Indiana. Thank you. Anything else you'd like to add? No, sir. This is, I bought the house last year. And through a bunch of issues, my shed is too close by, it's six. I've got, I had a survey done last year to find the actual property lines. And mine is too close to the rear property. So I'm asking for a variance.

Anybody have any questions of him? Thank you. Appreciate it. Thank you. I'll entertain a motion to open the public hearing. I have a motion and a second. All in favor say aye. Aye. Is there anybody in attendance that would like to speak in favor of the proposal? If so, please step forward to the podium and state your name and address for the record. This is for? Yeah. That's what I'm asking. This part is four. Oh, okay. Is there anybody that would like to, anybody in the audience would like to step forward? Anybody online?

One, but we're not talking.

Okay. Then is there anybody in the audience that would like to speak against the proposal? If so, please step forward to the podium and state your name and address.

Deanne Quistle, 11905 Sunset Court, Plymouth, Indiana. And I'm sure it will get approved, but I just feel the obligation for the entire neighborhood that has been put through the loop who we have all been here April, May, June and now this person decided to show up when everybody else had had enough. So my husband and I and one other neighbor here to represent that it was his picking on the 84 to 86 year old neighbors. That started this whole thing and I feel like people just can't let it be swept under the rug and need to be held accountable for their actions or when they cause a whole neighborhood an uproar. So, but it is your decision.

Thank you. Thank you. Does anybody else in the audience like to come to the podium and speak? Motion to close the public hearing. Okay, I have a motion and a second. All in favor, say aye. Aye. All right. Board members, any other discussion?

I mean, I do understand the comment and whatnot, but based on our previous decisions, I make a recommendation that we take the staff's recommendation and approve this.

So you made a motion that you've already jumped to approve the recommendation as presented a motion. OK, well we move on so that's good. We got a motion to approve it as it is. Is there any other discussion? That's where we're at before we made a motion so we discussed it so much of the last time. Yeah, I mean, you can discuss it, but I'm just saying we you. Are we not alone? Yeah, we are, but it's okay. He made a motion. We had discussion, but we can still have discussion. But he jumped to make a motion.

Okay. Do you need a second?

Yes. If you want to go, if we don't want to discuss anymore, I'll need a second for his motion.

Second.

I have a second and a first. Roll call.

Garner. Yes. Gidley. Yes. Ritchie. Yes. Wendell. Yes. Jacobs.

Yes. Motion passes. and for those that are here on your comments every case is by itself no matter what else happens we have to look at every case identical doesn't matter about feuds fights i understand you're on that but okay thank you um that's all we have next item the uh building commissioner update dennis do you have anything

No.

Yeah. I don't have any tape, but it looks like they might have some.

What's going on with their boys up by the golf course?

We are continuing forward with the co-enforcement ladder and moving it further into that process. Oh, there still haven't... It's gotten worse, I think. Oh, the wire building north of town? Yeah. We're taking our next steps in the co-enforcement process. Okay.

Don't hold back if they want to play hardball. It seems like they've got more stuff. Yeah, it works.

We've already taken the initial steps to look at. Thank you. Keeps me forward.

Do most of the buildings, the outbuildings, accessory structures, do they come from suppliers in Marshall County that you get permit requests for? Some. I mean, does somebody have one come from Warsaw occasionally or somewhere else? Yeah.

I mean, we get some, a lot of people do not notify me who they're buying their unit from. Yeah.

But they have requested a permit.

They have requested a permit.

As long as they got a permit. I was just concerned that, are there suppliers in the county that we know of that should be notified that you've got to get a permit?

The only supplier that I know of, honestly, is in La Paz. And honestly, I don't even know if they're still there.

I think a lot of these come out of town and they're like, they ask the guy that's selling it to them. What do we need a premise? Oh, no, you don't need any.

Yes. And that is that is a huge problem throughout the state. Yeah. They'll speak at other municipalities and.

Everybody fights him the supplies and those sorts of things. If you're not constructing it yourself, you could probably say the overwhelming majority would be within a county of Marshall. not within Marshall County, but within one county around, whether it be metal suppliers, wood-framed suppliers. Salesmen don't see a permit. Typically, no. Most of them are interested in making the sale on the structure itself and coordinating the pickup and placement. I would say all of them have a...

delivery uh mechanism with within their operation usually it's a third party usually it's a third party there are some that they they it's still a third party but they they represent the selling company now when it is sold so apparently they put placards on their vehicles for that sales company and i've talked with them let them know that they need to put some kind of anchored system in, all that, they're okay with it. It's, unfortunately, a lot of the other companies that I mentioned, they sell it. They have a third party, well, here's a list. Somebody loads one up on a flatbed, brings it in, drops it off.

That's something that I didn't even think. They have to be anchored? if they hit a certain size they do have to be there's a size okay and what is that a screw that or do they have to be hurting straps you can anchor down with a screw style anchor or you can put a foundation and bolt them down there are multiple ways to anchor like that do basketball goals have to have a permit for me basketball goals

We have to look at the definition of an accessory structure, but I don't think we typically the definition of an accessory structure. By definition, I'm under. Yeah, they make you have a permit. As an example, those sorts of things are also considered accessory structures, but I don't think it's something we actually let me know.

It is not something I actually pursue because there's not a clear cut definition. I think the original intent was for the fake wooden structures. I just put a basketball ball in it.

I didn't even think about it. I just thought...

Okay, I'll be out there tomorrow. Go ahead.

Is it in concrete? Yeah. It's the gorilla.

Yeah. It's like one of those. I didn't think you did. I just thought, I suppose. As long as you probably didn't just pack dirt around it, you'll probably be okay. That would be my guess. Yeah.

Okay.

not good down this board not being right so i'm not i'm not condoning anything yeah i want to do it right thanks jess so that's it for billy commissioner other business i don't really have anything else um your next meeting pending applications would be august 4th no it's july don't be throwing the rest of july away yes But yes, it'll get here sooner than later. Any other questions or anything like that? No, thank you. Thank you. Make a motion to adjourn. I second. All in favor say aye. Aye.

I'm going to throw my agenda away.