Board of Zoning Appeals - Regular Meeting

We'll go ahead and call the meeting for if you will please stand for the pledge. 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. [Music] Mr. J, you have an announcement.

Yes. before roll call. We do have a microphone that we're we are not streaming and we're not recording anyone down. So, we ask everybody speak real clearly in your microphone so you can pick it up on the security system. Okay. Okay. Again, includes anybody coming up microphones up here. Please see clearly in the microphone so we can accurately record it. Roll call. Roll call, please. Marvin Rickner. Jenny Clarita here. Here. Luther Williams here. J Cook here. You have the forum.

Thank you. Any correspondence? Uh, one piece one piece of correspondence. It's kind of a We did receive a letter from someone on the first case. It's from Mr. request humor. We'll have it in the file. All right. [Music] Okay. Negative.

All right. Under old business, our first case, UP 20-0041 Brook Sherbun. The location is 69 West, 900 South C. The zoning is A1, General Agriculture. Acres is one. We need a motion to deny petition. There is no longer a need for the youth variant allowing a dog business out of the primary structure. Second. Who is the second? Luther roll call vote is acceptable here. I believe [Music] call.

All those in favor of a motion to none. All those in favor I oppose. They sign motion. Our next case is under old business is UV 2023-33. Ron Huber. The location is 407 East 200 North in Balfo. The zoning is A1 General Agriculture. The acres is 37.36. The request is to continue the operation of a lawn care business out of an existing accessory structure. We have a petitioner here. Yes, ma'am. Okay. All right. Would you like to come forward and and tell us what you uh come forward? Yes. Okay.

We'll need your name and address first and then just tell us what's happened between the We have new board members since you were here last. Okay. Can you just kind of explain what your business is, why you're here, and if anything's changed from the last time? Sure. Will, please. My name is Rod Hubert. Uh, home address 554 North View Drive. I'm 393 East 200 North. Thank you. Go ahead. Just explain your business to us and why you need to.

Um, yeah, we have a longer business. We've been in uh Valpo probably 25 years uh long time and uh we just want to continue being able to rent the property. The current past owner was Bill Pierce a farmer. He has since then since we had our early meeting 2 years old he's passed away. So I deal with uh the kids uh and pay rent to them and uh doing that. So, and reason we had to come up here before um Amy the neighbor um was a little flustered because all of a sudden the laundry company comes you know and Bill didn't tell her and so that was an issue to her and she didn't know us from that. Since then we've gotten to know each other for a couple years here and we've been we've gotten along great now. We do some snow falling board on the lawn care stuff that she has us do. So my relationship with Amy now is not one not known but we we're doing good together now. So I just want to let you know that things run smooth there. There's no issues. Um we pay our bills on time to the the kids of Bill Peters. So and would like to continue running the business there. So,

okay. Any complaints or calls or No. Okay. Any questions or comments from the board? Starting with um I I visited a site. Everything looks nice and clean. There's not a lot of things stored outside or anything like that.

Nothing's changed. Nothing has changed. Yes, sir. No. All right, we're ready for a motion. [Music] I'll make a motion to approve the business run the property 72 North. Second. So, for what period of time? What period of time? Will we go two years? When did we go before 5 years? 11 was two two years. And there's the um contingencies on our dating.

Yeah. Let me read those real quick. The two years contingent on hours being 7:30 a.m. to 400 p.m. auto or some type of a buffer will be installed and maintained by petitioner. At the end of 2 years, you'd be looking for another place to run the business. No weekend dollars of operation unless it rains. That was good conditions. [Music] So would the motion like to add other years and same contingencies? Yes. How many years? I would say two years.

Okay. The only the thing I would say to you that is the role of our provided was to help protect her from visibility stuff. As long as we're good together, you know, not do that. Yeah. Cuz those are there is no budget that properties. No, sister. Yeah, that the neighbors getting along with them. If if she does have a problem down here, I have no problem doing it. But I call him or text him. He's very responsive. I say a lot of you show it up. I think a lot agree with adding the two years.

I would longer than that. That's I appreciate that. Yeah. A lot of times you go fine. Let's go for my second. Right. Who was the second? Luther. Luther, you agree with the conditions of the first? We have a motion and a second. All those in favor?

I signed motion carries. Thank you for [Music] The next case is UB 2025-420 [Music] South location is 242 West 900 South Kon general agriculture acres is 5.59 and request is to continue the operation of well drilling businesses outside ter souls. I live at 242 West 900 South. Gentleman come out the other day two weeks ago and told me to make sure I have registrations for all and he said just clean up some scrap and do the weed. And he said he he was fine. things happen.

What about the number of counts? I I didn't count them. I didn't count them down. I believe he did. And we had given you a list of how many you could have. And I think you were over on all of them. He he didn't he showed me a paper, but he he checked everything. He was happy with what he saw. So the letter we got showed the number that you were over that was from him. Oh, I I didn't receive the number.

Yeah. Yeah. Some clarification. So the code enforcement officer went out there and looked at the track. It's uh the vehicles out there. I mean it's the board's final decision on the number of vehicles. Code enforcement officer just reporting what was out there. So it's your call what you want it to be. He did go out there. Mr. Styles did take some cars and then moved them to his neighbor's property. So now that problem has been transferred to another piece of property. uh code enforcement officers working now he's working with the neighbor to get that resolved. There is a little more cleanup than what's being presented by petitioner. There's a lot of stuff that still needs to be done and we're treating it like any other code enforcement case that we have in our office where we go look at properties with neighbor complaints etc. Um I think it's a work in progress. He's been very cooperative. There's still more work to be done but we're headed in the right direction. So, it's the board's decision. You know, what you want to say on the cars are allowed on the property or and what I might recommend is that anything that you make a motion on is subject to him continuing to work with the code for the clean of this property.

Darl, you didn't get a letter August 8 from development storm water management office. Yeah, I signed the I got one in the mail and then I That's the letter that Miss Cook is referring to as the letter that outlines that you have 19 vehicles, trucks, trailers, and a camper RV. Okay. Nine vehicles/traers without a valid license plate.

And that's he's holding the contractor. And that I'm only reading part of the letter, but that's the letter Miss Cook was referring to. I just wanted to make sure you were in receiver that [Music] the daughter and my son are all living there with me too. So they have two vehicles too. And to clarify the reason the code enforcement office ask for the registration is usually when we run those cases if they're not licensed or not registered then we ask them to be removed. Okay.

So, it's the board's decision how many vehicles like you said before the property. That's still your decision. The code enforcement officer just requirements for proof of registration and licenses. Could you go back and explain again um just so that I'm clear maybe as board members too, how closely will code enforcement be working with him and how effective will code do you expect code enforcement to be? Um and I'm asking that only because it seems like we've worked with this for so many years and given him so many options and so many leniencies and here we are still with the same method, not worse than what we've had before. So I I kind of like to know how working with code enforcement will be more effective than what we've done today.

I think since I've been here, we've hired a new code enforcement, not say anybody else before, but we've given it more tools with our state building uh hearing officer and other things. We're turning it around being more not aggressive, but more uh positively enforcing and and working with people. We always give people the chance to clean up their property. As long as they work with us, we're satisfied with that. And if it becomes to the point that they don't, then we've got other needs now that we can approach it. This is a unique circumstance. The way I see it, maybe attorney can add to it to clarity that now we got he's in front of you asking for use fairness for how many years you want to give him. I'm sure you could probably put a condition on that. As long as he keeps working with the code enforcement officer has I think maybe we can get clear. That's up to you.

Did you have anything further you want to say, Darl? No. Okay, we'll go to the board. Luther, um I have a couple questions. Um why do you have so many unlicensed pickup trucks? They're all They're all licensed. Well, not according to the code enforcement officer. I'm not talking about register. I'm talking about license. They're all [Music] So, Daryl, did you play them since the August 8th letter? Yes. Yeah, that's it. Yeah, I So, code enforcement went out, located the vehicles,

and since the August 8th letter, he has he's telling us he's plated those vehicles in the meantime, right? And that's what he told me to do.

Okay. So, he said this container is up to date and that's what I did. Now, and to be clear, I I don't want to interrupt you, but we have Allen working on code enforcement and vehicles, unlicensed, etc. in a somewhat of a vacuum from this variance. So, yes, our code enforcement's been out there and said, "We've got these vehicles and now they moved over here and independently, even if he wasn't here for a variance, code enforcement, if aware, would be enforcing that." So, I just want to be clear that code enforcement has its bag of rules or its property maintenance rules that it's attempting to enforce beyond whatever this board approves or doesn't approve as far as numbers and things like that as vehicles. Okay. I would just make this comment. I've been out there for I don't know how many years. It's numerous years. Darl, you have done it's not 100%, but my golly, it's looks so much better than it did five years ago or seven years ago. I mean, it you have done you've done a lot of work there and and I have to congratulate you on on doing that. And uh I guess the other things will just have to be worked out with code enforcement as far as the the the vehicles on the other uh the other lot uh is concerned. Well, I guess that's all I've got.

Jim, how based off of the amount of vehicles being said, 11, how many? I didn't see right now. That's what I was just looking for. Looked and I didn't see either close like three. I think we had 10 by chance. It's 19 vehicles.

No, what we had allowed that we had given like I think it was like 10. Yeah, let me go back to here was uh the staff report here. The last time, didn't we say there was 26 vehicles? [Music] I'm just close. I just have been the numbers over the years. Um the amount of vehicles definitely has come down. I think it's nine vehicles plus ranch is what you stay west. You know he's got 19. So

So I guess myself driving by there looks like a lot of hid. You can't see it. Take word that has gotten a lot better over the years. I would be somewhat inclined to maybe approve this but for no more than a year with contingency that they gets down to the vehicles that we previously allowed and also working with code enforcement to make sure that fine year that it's all good and we talk something out to [Music] I I stopped by the other I mean, it's supposed to be a welded business. I don't see any vehicles that would be used for business. [Music] I I don't know. I I know I read several years. I would go start to say 6 months. at the time of 6 months it's over but it's been going on too long. Have we had any neighbors or anybody complaining about

I don't have that information in front of me. You said nobody's complaining or no [Music] or anything. It's a pretty remote site.

Mhm. You can't even see anything from the road. $10,000 fence up around the place, too. So, why have there Why have all there not registered so many everyone not registered? They're just now move to another property. Well, now that property owner has a problem. without all unregistered vehicles on his property and and the vehicles aren't for the business. Are you looking at old pictures? That was that was there.

Okay. The only thing that's there now is my two my kids's cars and the business stuff. That's all it's there. There's a lot of debris there. A lot of just stuff. Yeah. They're very mos cleaned up. Look at presentable in the year. That's it. This is see how many years. This is different. It could be less. more than a year,

right? I like the idea of 6 months myself, but that's just my opinion. Unless there's any other questions. Do we have a motion? I'd like to make the motion to go in and approve the business for 6 months from there. If construction is does not approve what's been done within those 6 months, then uh then it's denied after that. We have a second to that motion. Can I just add the same amount of vehicles as previously stated? Yeah.

Was it nine allgether? How about we say whatever was previously approved, the total amount of vehicles will still apply. Correct. have that. Okay. Was that a decision? You agree with that? I do.

Okay. Do we have a second then? Second. [Music] So motion. [Music] Thank you. [Music] 3. [Music] Thank you. [Music] [Music] In the case of UV 20 25-42 votes are as follow Cook yes Luther Williams yes Jim Cla yes 4 in 6 months. Thank you.

New business conduct for public hearing at a public hearing before the board. The petitioner proponent shall first present the facts and arguments in support of the case. Those who oppose the petitioner shall follow. The petitioner shall have rebuttal time at the conclusion of those opposing the petition. Those approach shall then be allowed a total maximum of 10 minutes to invite any new statements made by the petitioner in this rebell. It should be within the discretion of the board to impose any time limitations on either the petitioner or respondent and so that the public comment to those determined by state statute to be interested party shall be accepted by the board but may not be read into the board's record. This then includes the public hearing to obtain to maintain orderly procedure. Each sign shall proceed without interruption by others. All materials presented by the petitioner and or administrators or supporters to the petition including photographs shall become property of the board and part of the record. So when we get to the public hearing your name will be called. We got a microphone over there and one down here. Make sure like Mr. D told us earlier, we're just doing this by just make sure you talk to the microphone and we do need your name and address before we start. So, our first case is going to be UP 2025-50 Haven Holdings, LLC here in Michael Brandon, and I probably said this and I apologize. The location is 285500 West. The zoning is R1 low density single family residential. requests to allow for a temporary 12x 8 foot double-sided sign to be placed on by the entrance of the Sienna major subdivision.

Okay, thanks. We need your name and address first and then we'll hear what you Good evening. My name is Michael Holmes. Address is 175. [Music] Can you just tell us why you're here tonight? What what brings you here? What your case is?

I'm here to do a variance so I can put a sign on 100 west just north of the the main entrance of Sienna. The sign will be doublesided. It be 12t wide by 8t tall. And uh I have images of what I plan on putting that sign in if you want to see it. Any pictures that you know will be kept as part of your record. So if you're prepared to leave, maybe it be nice for [Music] this just after [Music] Did you have anything else?

Yeah. I mean, at the day, I'm just trying to market the property to set it up for success. So, just so people know that it's there and who to call. Okay. Good. Nobody signed in before or against on this case. Is there anybody in the audience that did not sign in that wishes to talk on this case? Okay. Close. Go to cont. How long have you played it like there? Depends on how long it takes you to sell out. So what's the box sold out? Yeah. Yeah.

Jim, what's normally allowed? Is it no sign? Is it size? That's pretty big sign.

Actually, it's both. In this case, this is a construction sign. I think it's viewed as And so tonight you allow him to put that sign in which I know is common. You see them very I know I see him all the time. So when if you make a motion to do it that you're doing it in this particular zoning in addition this particular zoning which is now R1 and the size and the duration. So you should consider that in your motion. And the other question is if approved, is there anyone he works with to make sure that it's not obstructing any sort of views on the roads or that could be added to it? But yes, any sign that goes in our UDO, they have to pass the clearance triangle so they don't obstruct views of people going in. Like I don't have an issue with the sign. I forget it. Hopefully seems like it's big and we certainly don't want to create any kind of

I believe location was shared already. [Music] And you can make it that he's got to come get his check out in our office before he does make sure that it meets all the requirements that you're we'd be happy to do that. Are you still 12t by eight or be small? I'm just trying to make that's a big sign. We because of the distance they'll have to keep away from the road to make it visible. that

that's a good point because if you go in other classes the sign is usually 4 by 80 maximum for construction s temporary construction and again I wouldn't be opposed to that again as long as there's way back off the road as long as city or county everybody's good good with it then [Music] um I really don't have a problem with with the time. Uh it's a it's going to be a temporary sign. You don't have the uh it will come down when you're done when you only have x number of houses to sell or when all all the lots are sold.

Yeah. Like imagine that like when everything is sold is when I would take it out. Sold is different than built. So when the lots are sold. Yeah. Okay, that's that's a different um Okay, that's all I have. We have a motion.

I would make a motion to approve um that you need 725-50 for period of 2 years more than two years or so. I I didn't I think I'm anticipating this four-year project. Okay. So, so for 4 years um with the exception that the county approves it location is temporary that it does come out when the last five sold lit up didn't think about that and stuff like that. Um yeah, this is the longest code in the county that was a proper location. Um, I'm fine with the size. If for some reason they're not, if the county is not okay with the size, then you guys can work out and reduce your size.

Actually, I would prefer that the board designate what size you're comfortable with. Can I say up to the 12T by 8? And then that way, can you guys say no, it's going to be 10 by 8 or something? Sure. Yeah. 4 years, not permanent. comes down after the last um lot sold and working with the county on appropriate.

Maybe to clarify, we just discussed this. Maybe you should be specific about what I'm [Music] motion [Music] But I was on night. [Music] [Music] Thank you. [Music]

This has nothing to do with a permanent sign that you won't consider. Yes, there will be a built which is a name the development [Music] case number UD 2025-51 votes are follow Jarita yes 4 [Music] next case is UB 2025-51 Audrey in and mirror. The location is 2408 East 250 South Balcon. The zoning is a one general agriculture and the request is to operate a full service pavement maintenance fair business out of their residence.

Hi 248 East 250 South Brazil. It says you can use to continue operating our state means at our home and it it just quite not full service. We don't do um full scale driveways, tear outs, millings and and you know large projects like that. Um it's mainly small asphalt repair, power repair, steel coating lines. So call it that's all you have? Okay. Um there's nobody that signed in to speak for again anyone in the audience that didn't sign up but wants to talk.

Okay. Public hearing is closed. We'll go to the board. Will it I drove out there. I saw that you got a nice building back your house there. Will everything be kept inside the building? Um during the offseason I try and carry as much in there just to keep it out of the weather. Um during the season the some of the product it doesn't smell that great. So I'd rather you keep them outside in the offse or excuse me during season and offseason and try to get them in storage. [Music] Could you repeat that into the microphone a little bit?

Sure. Um my ideally I try to store everything indoors during the offseason and the winter time just to protect them from the weather and the elements. Um while we're using them during the season, not as much just because it doesn't smell, you know, I don't like pulling that into my into my shop. Once they're all empty, it uh not as bad. So would it just be barrels or? No, it's just so I have a trailer. It's a tanker trailer. Okay. Um, it's just [Music] everything's the same as last time you were here. Yes, sir. No signage. No signage. Just taken out. I have a small 3T by sign that really good on the road that's taking out. So, we want neighbors that complain.

My any neighbor complaint. Well, this was precipitated by someone did reporting members of business being operated. That's what started the whole process of appearing for you. But there's been no since the case was filed. [Music] How how long ago was he in here trying to find that? How long? Oh, this is the first time. Yeah.

So, have you been running it out of there now? Yes. Now you're asking people do legally? I guess there's not an issue. It's just it's an oversight. I mean, wasn't aware that we needed that stuff. How long have you been running?

Uh, April last summer. [Music] Jimmy, do you have more questions, please? I'm thinking I was thinking this was already [Music] [Music]

um no I looked at I thought the place was you got a beautiful place here Thanks. And uh and it looked neat. I I thought so. I have no problem with it. Actually, when I was there, I didn't think that was even happening back very clean. I'm just curious cuz I don't have an issue with it being for the first time. It was brought on by a complaint, if you will. We just do it for a short period and see if things get worse before we see another 5 year. [Music] I would agree with him.

One or two years there's no complaint. [Music] You ready for a motion? I might before you.

Yep. uh petitioner graciously appeared at their our August 7th DRC meeting. There were some things target things we asked the petitioner to do before he came. So, I'll list them and maybe even address them for you. Um he needs to get with our health department because he's going to run other restroom facilities there. If that's the case or he's going to put portable toilets in, he's got to make that decision because if he's going to have more toilets up there, the question is does the subject system take up? Uh signage he said he took care of he took that down and then the two things have to do with containment because he is using paints and other petroleum based materials. captures of still any spills from his tanks or his equipment and and he grips and clean he cleans his equipment there on the side as well what his program is for cleaning the site and uh that's pretty much it. So he wants to address the rest of the stream.

Yeah. The uh the tank specifically I was that what size was it? Is it a double wall? It's 5,000 gallons. It is double wall. It's a brand new tank. Um we have burns on either side of it for containment. Um the material not familiar with it. It's hard to get like if you spill a gallon Elmer's blue right here. It's probably not going to make it to the edge of the bonding agent. Um we've actually had requests for people to spray their rocks cuz it'll hold them all together and almost create a right away. Um, so if there were spill of the the cold charge material, it's really not going to go anywhere. Um, I don't even think it would get so burn um to my wells to my septic or to the neighbors. I was to get measurements to my well, my main well is over 130 ft from my main house septic. Um, it's 160 ft from my barn septic and the well is 150 ft from the front of my barn. the tanks another 150 ft beyond that too within 300 plus you know close to 400 ft to uh even reach that tank. Um in terms of like paint containment fills I try to keep minimum amount of paint. It's very expensive. I for that reason I try not to spill as well. Um I utilize the things are called pig pads. You can buy them on Amazon or anywhere on the internet. Um they're absorbent sheets. Um if you saw a spill on Home Depot or something like a spill kit pull out those big tubes contain that area. um very similar type material absorbs it up um and properly dispose of it. Um I have uh there's one contact and I'm blank on the name right off the paint disposal proper recycling and disposal of paint. Um like I said I try to have very minimal like waste because of the the cost associated with it. So I try not to sound but I mean I really do try to contain the stuff because it is so expensive. um stoves are cleaned out immediately um with proper solution and everything's disposed of uh properly but the the absorbent pads I use are called pads that is part of the restroom facility

yeah I think we we mentioned actually that a portable would be the easiest way my wife did meet with Dan he was he he didn't have all the figures in front of him but I think that eventually would be the easiest workound um but we do have two separate septic fields that can facilitate. Um, again, we're not there, we're not doing work on site. It's just more like shop meetups and then all the jobs are offsite. Um, and right now I have one full-time employee other than my family members. So, it's fairly, you know, minimal kind of workforce right now. And last year, basically just being my my old man running running the show. So, just trying to keep overhead down um and hopefully get a few more employees next summer, but right now it's very minimal. So you feel like you are going to scale this business where you're trying to grow it more than what you have right now.

Yeah. But the the beauty of it is it doesn't have to scale massively. Um and we are you know that is something about plan that we're looking to potentially move to a larger facility in the future. Right now being in our only our second season is a survival business. Can we make this work? It is something that we we want to continue doing. Um it was a franchise. Um it it it literally kind of started out of boredom. Um, I wanted to wanted to wanted to start something up and, you know, involve my kids and show them show them some hard work and work ethic and and see where it goes from there. So, we do have a 5 to 10 year plan where it's either this is going to be um something that we want to keep doing for the long term or potentially sell off our uh our franchise right. So, we're like I said, we're just getting rolling with it and see where it goes from here. So if we were to approve something, it wouldn't be appropriate to continue to continue working with the DRC.

No, those those were just suggestions. [Music] Thanks. Eric C is some of these suggestions for him as the next step. He is the plan commissioner of the BCA in this particular case. Again, [Music] I would feel comfortable doing this for a year just to make sure everything goes fine. And then you're talking about possibly scaling another year. We're talking about a bunch of employees or my neighbors are mad and there's a bunch of vehicle there where I would be fine with this for a year

just to see how it go. [Music] Is that a motion? Um this within speed and no signage what are your hours of operation?

It's kind of dependent on the customers. We I wish it was Monday to 95 but it's a little bit random based on customer needs. Um so we have to you know we have a job in Elkart on Labor Day weekend. They're closed. We have to be open. So that's a a little bit of a caveat is our hours are a little little wonky because of our customer demand. a lot of times it's after hours night um or weekend holidays. Um but the again we're leaving our site. It's just it's like a farmer pulling a trailer out of his property and heading down the road.

So I don't think I'll make a stipulation on ours just cuz we're only doing it for a year and see how it goes. Just bear in mind our neighbors truck at 4 a.m. or something like that. Try to get the neighbor. So you got one year and no sign.

One year no sign. Do we have a second? Second. [Music] Good. [Music] [Music] I got it. [Music] Case number UB 20225-51. The votes are as follows. Jim Clar, yes. Bobi, yes. L Williams, yes. Yes.

Thank you. Appreciate it. Okay, let's bring them to UB 20225-52. The applicant James Sharon Fitzgerald care of attorney Scott Young. Location is 27 South 100 West BL. The zoning is our one low density single family residential district and the request is to operate the county.

Good evening. Uh thank you very much for the opportunity here. Uh my name is Scotty County anything works. Uh my address business address is 3 Lincoln way sweet 2011 right here. Uh this is James Gerald and 27 south 100 west. And we brought before you this evening a request for a use variance. And I'm sorry my voice I think it'll hang on tonight but uh been out in the cold lately. Um we're seeking a use variance to operate a kennel commercial. Um I do want to at least speak to that term. That's a defined term in uh the unified ordinance. Um, and it conotes some things that Jim does not do, and I'll explain what he does on the property momentarily. Uh, conotes some things that he does not do. For example, he does not breed dogs, uh, but he has a training service, and that does fall under the definition of chemical commercial. So, I don't want to suggest that it doesn't, but I also know that people sometimes have breeding operations and they also would have ideas that there would be many more dogs than he would have on his property. Uh, he has up to 10 at a time and that would be the maximum that would visit on his property, which is a little over 9 acres. Um, and so he has a dog train that he's he'll be able to give you some details about what that involves. Uh but he's seeking to continue the operation. He's on 27 South 100 West. Um he is and I've given you a supporting letter uh to orient you and I that show on there that he is in a single family R1 uh residential district uh low density. Um he is in an area that

has agricultural uses nearby but not on his designated land. If you were to look at his land, it looks like it had been an agricultural use. And in fact, uh he and his wife live in a farmhouse that they restored on that property. Uh he has been associated with this property since 2019. Uh the folks before him did have a dog breeding facility there and operated that starting in 2016. Uh Jim leased the property from them initially, Jim and Sharon, his wife. uh leased the property. Uh unfortunately, they didn't see somebody like Scott who does this kind of work and only recently discovered uh that he didn't have the zoning entitlements necessary for this property. Um and it became, you know, as it became known to him, he sought out my assistance and that's what brought us here. To my knowledge, it wasn't a complaint I heard otherwise. Uh but Jim approached me and and talking with staff here determined that the use would be the first appropriate step but even if we are approved tonight we have a further step. Um I've contemplated that further step in my letter so it's a little longer than it needs to be because it talked about a developmental variance. uh but Christy suggested that why don't we focus on the use variance tonight and then if that's uh granted then we'd come back for uh the developmental barriers. So tonight we're seeking the use of variance. Uh as I pointed out they live in the farmhouse on the on the property. On page six of my letter, I've given you some aerial uh depictions of the property so that you can kind of see the the buildings that are cited. In addition to the farmhouse,

there are two uh well-kept buildings and then there are some ancillary buildings uh off there. I try to give you a pretty pretty good sampling of the operation, the facility inside and out so that you can see how it is maintained uh and where the dogs uh where the dogs reside both in and and when they're outside the kennels that are outside. Um, in my task tonight, I have to show you that we satisfy the first Indiana statute and then I've got some findings under your unified ordinance. Uh, and the first Indiana statute requirement is that I would have to show you that approval of this use variance is not injurious to public health, safety, morals, and the general welfare of the community. Um, Jim has been operating this facility, as I said, since 2019. um his customers, clients are subject to well- definfined safety regulations and the handling of their dogs. Um the flow of traffic is rather limited to his property. Um he will have he typically will train a maximum of eight dogs at any one point in time and his clients will visit um dropping off and picking up. He has some dogs that stay though for a month at a time that they're in a residency program. Uh but he receives no more than 10 cars to his property both coming and going in any one day. So that's his typical flow of traffic. Uh so he's not a traffic generator and he doesn't have uh problems um with traffic flow. And as you can see from some of the overhead uh aerial photos, he does have ample parking for those that serve well, you

know, maybe uh three. I think I in the photo that I presented, there are four cars that are parked comfortably and there's room for at least five more, but he would never have that many at one time. Probably four or five is about the as many as he would have at one time. Um, so I don't think there are any particular safety concerns uh or issues to the community. I will address how the dogs that's a more um defined aspect of your ordinance and I'll address how the dogs are maintained when they're outside in specific outside kennels, but otherwise not aware of any safety incidents or problems that have been uh related to this use. uh he must also show you our second criteria is that uh the use and value of the area adjacent to the property um will not be affected in a substantially adverse manner. So um I've mentioned a couple of times now this use has continued since 2016. We think perhaps prior to that time uh the gyms association uh with the prior owners is aware definitely they start in at least 2016 and there may have been somebody prior to that. Um if you look at the type of buildings that are on this property, they were built in contemplation of this use. Now those folks didn't come in here either years ago. Um, but it's it's a property that is somewhat in a terrarium setting. It's 9 acres, but it's also of the type of property that it would be hard to utilize that those set of buildings for residential purposes only. So, there is some risk that if if his use isn't allowed to continue, what would happen to those villas? you know, maybe

somebody would want a lot of extra space, but are we, you know, as we know, it's not necessarily open to commercial usage and it does at least pose a risk of deterioration if the uses permit. At least that's something I think that we want to consider. uh this vacant buildings that are unused or not fully used often in by problems and um maybe an antique car collection for one of the buildings but even that it's hard to imagine that working when I look at the building itself. Um we then need to show you uh factor number three that the need for this variance arises from a condition peculiar to the property. Um, and as I pointed out, he should have looked into this further. He acknowledges that we at an earlier meeting where he stated the same. He mistakenly relied upon what he saw, I think it was a tax bill setting or not quite sure, but he saw an agricultural designation that he thought applied to his property and he just hadn't didn't have experience with zoning matters previously. And so that caused him to be under the mistaken impression that he didn't need to go through this step. Um we're aware of that now. Um but we're um we do have a unique circumstance in that we've got a got buildings that were put there by a prior owner. He mistually thought those were permitted and authorized and he now has a property that is peculiar in that it can only reasonably use for a use similar to what he's operating. Um we then the fourth item that I need to show is that uh strict application of the terms of the unifying ordinance uh

would constitute a substantial hardship if applied. um and are showing again that we can't economically use the buildings that we have without some deviation from the ordinance. And so fundamentally that's the basis that we're seeking relief here this evening and we understand it's a perview. I do also want to point out that um and regard to I do need to at least make the showing that this does not the proposed use does not interfere with the land use thorough air plan or the Florida County corridor plan or the airport plan which are the applicable u comprehensive plans for the county um that cursor reviews to confirm but I could find no conflict with those plans and engines proposed use. Um he then has his uh special exception standards and your ordinance does at 5605.60 160 A through G set forth a series of criteria to consider for commercial cows and we meet well at least I think we have evidence to meet all of them but one the one that we don't meet is the one that would require developmental barriers for us to go forward but I'll go through them uh quickly uh we have u setback requirements um we more than meet the setback requirements It's basically it's 50 ft 50 ft. Uh the one that we won't be pee is half mile for a residential uh neighborhood. Um minimum lot size is 3 acres. I said we have 9 acres. Uh minimum lot width 200 ft. Um we have in excess of 200 ft but I forgot the precise measurement of uh perimeter fencing. Um and I think this is

important. If you look at page 12 of my letter, um Jim talked about at some length um how it how animals or the dogs that are trained um can't escape his kennels, his outdoor tenn um the he has covering at the top so there's no chance of it all leaking over. And then the fence itself goes I think it's goes 12 in underground. Well, there's there's wire uh underneath that is buried 12 in in the ground so the dogs can't dig out. So, it's hog wire underneath all the runs. Um that has uh 2x sixes on top and so those are secured down into the ground and so no dog can dig out and no dog can escape from the top. Each kennel has a locking mechanism on it so the dogs can't let themselves out. And every dog that's on my property is always on leash. There's no green running dogs ever on my property. So, they're always contained. Most of the time during the day, they're left indoors or we're out in public training the dogs throughout the day. So, there's very little time that the dogs are outside. And most of the time, I have a specific individual that walks the dogs throughout the day. I personally walk every dog in the morning for them to go to the bathroom so they're not barking in the morning. So, I individually walk every single dog and then put them back indoors to make sure that I'm not having any problems with barking dogs cuz I don't like it either. So, um I was made aware [Music] all of our factors. Yeah. Um the the

next factor is licensing. There's not a state license. Jim has a number of certifications for the type of he's done this training uh for police uh uh organizations and others over the years and he has a number of certifications but there's not a state license. Um we have to show you that we have a uh a nuisance plan. Um he just mentioned the noise abatement um about taking the dogs outside and how he walks them. Um he also has a staff member, right, that attends to the dog. And can you explain the uh busy dog is not a noisy dog.

So they're always all the dogs that are on my property are always being trained. So they're always active and most of our training is done off property. And so I go, you can see me at Home Depot, you can see me at Paragraphs Park, you can see me downtown. I'm always out and about because most of our training is done there. I do do private individual consultations and training at our facility. Um, but those are all one-on-one. I don't do any group classes, so it's all one-on-one individual people with individual dogs. At the most there's two dogs in a family, but so we try to make sure that when dogs are training, they're 90% of the time they're trained indoors. And then we have staff that take them on walks. I have a trail that goes around my 9 acres and the dogs are walked all throughout the day when we're at the facility, but like today we were gone for most of the day. So each day we try to get dogs out into the out in the world so that way they know how to be obedient in out in public. So we're always working dogs on location. And then Jim also has a waste management plan that's an essential component. He's given some details of how he uh handles the waste, but he has an amolerative agent that he adds to break down the waste. Um, and it's removed every day. So, we've never had an issue. We've never had an issue with complaint with dogs. Um, and then I'll kind of I'll close here. Uh we had a supporting letter that goes or supporting petition if you will at page five of my letter that shows uh what Jim did around to his neighbors um and

obtained you know their you know they've known you know he's been here since for a long time u and he obtained signatures from those neighbors. I do understand just from the checking in process there is somebody who wants to speak this evening. So, we're going to listen really carefully as well. I do know that uh Jim concerned and wasn't aware of a concern. Um so, we we'll listen and then uh as necessary, we'll certainly come back and respond to my question. Mr. Did you have anything you want to add or

No. Anything from staff before we go to the public hearing? Just briefly, um, they also met with the DRC on August 7th, staff of review. You address the noise waste management. You did visit the department if you could address that chair in the sign. Did you address those? So the uh Dan came out to my facility and he said my the septic field in the septic tank was adequate. He did say because of the new ordinance that was I'm not sure what date it was, but he said that I would if approved I would need to move my well uh 100 ft from my septic tank. And so I did get a quote on that. I did email it to Dan. I don't know if he forward it to me or not. Um, but he said other than that, everything was okay. Um, I do have a sign that's 24 by 36 at the end of my driveway. Um, and I have submitted um a application for to improve that sign if I'm granted use. Okay. Anything else? All right. As was mentioned, we have people that signed up. Suzanne Hannah, [Music] sorry [Music] 37, South. [Music] And I will say that the previous people who had the dog foundation, the K9 foundation whatever. Um the people

came with their dogs and trained on facilities there but then they went home and so now I hear barking dogs. And it's funny that you mentioned that you were gone today because I didn't hear a sound over there today. So the dogs were gone. Um, but I I we have like 48 acres and we go back on the road and I don't have a dog and I don't want a dog and I don't want to hear a dog and so I don't really want a kennel. I think if they came and they were trained cuz I've seen you walk and down the road your dog you keep them controlled. They're always on the leash. They're never on my property. Um, I appreciate that your property is beautiful, always maintained. It's just I don't like your apartment. So, I have a quite a campfire out with my husband and I don't hear that. That's my Thank you. And we have Andy Plum. [Music] Uh I'm Amy with my husband. We're at 33 South 100 miles. So we're two doors down from the dog um foundation. Um I don't have a problem with the foundation. Um he's very uh disciplined with the dog. Um once in a while I hear a bark. Um but I would not

say that it's um overly annoying or anything like that. Um I have neighbors to the south of me who have dogs who probably bark more than the kennel dog which I love my neighbors. Um, and I know that um you Susan I think has grand dogs that come um that bark in her yard. So I don't have a problem with the dog foundation. Um they're very well disciplined. They have actually uh came to our house and asked if we would sign if they're okay to keep continuing to run it and we did sign and we were okay. We just ask if they don't stop when they walk the dog on the street in front of our house because we do have little walks and so they see them out the window and they've been very generous and not doing that. Um so whatever we've asked they've done. Um I don't have a problem with it. My only question would be is there ever when you're training with a police dog, is there ever gunfire that is occurring?

No, we you need to ask your questions and then they'll answer all the questions that they So, sometimes we hear gunfire. I don't know where it's coming from. I thought maybe it was with the dog because there are K9 dogs down there. Um that's the only thing that I would object but if they don't have it then they'll answer all your questions at the end. Okay. Can I add something? Sure.

Michael 32 South. The only thing I would say about the dogs is there's a strip of farm land that is between his property and my property and West Hub's property. And when the coin is up it's substantially quieter. You know we just did that. But when the coins down, it was just a flat piece of land. And my dogs can see their dogs, their dogs can see my dogs. So when I walk across them, they both just kind of interact even though it's probably about 200 ft. So some sort of barrier there when it cos would be nice just so that it just wire when it points up. So I don't know some there or keeping them I I don't know what would be better. That that's the only thing I notice is I mean the dog can physically see each other at times and you know my little dog hooks up and then then they start barking back and forth each other even though they're a long way apart. So that would be the only thing I would add that could be helpful with my backyard being quite across from his backyard.

Thank you. Anyone else who didn't sign up that we should just be for or against this case? Mike, would you like to say in rebuttal to any of those comments? Sure. And uh not about to

disabuse [Music] anybody of their you know what's important to them and and certainly mindful of that, but it's there are other dogs in the area. Um I do want Jim to speak to the gunfire question. So I don't do um if I train a police dog, I I do it independently and then donate it to a department. So I don't have dog police dogs coming onto the property. So there's no gunfire coming there. There is a shooting target which is down at the end of all the houses um down 100. So that's probably where the gunfire is coming from because I don't do any target practice or any shooting of guns on the property at all. Not on my property at all.

And um you heard the suggestion of a a a screen burn maybe maybe fire bushes or something. Is that something you would consider? I don't have a problem with it. if I could put up, you know, make sure that where the kennel area is has a fence there so they can't see where the dogs are from between his property and my property. So, where the building is, there is um there are outdoor run there, but it's not it's chain link. It's not um doesn't have an like a a wood or something like that. So we could bury that off to make sure that the dogs if there were a dog outside that his dogs can't see my dogs. And then with respect to Suzanne's comment, um she lives to the south of you located on map, right? Where at the corner of uh I guess the the only quarter on the map, but um you can see where her property is located, right? Is there anything you think you could do to ameliate her concern uh in terms of doing anything to perhaps require more properties removed from her? Uh something to perhaps block uh any barking she may hear struck with a voice. Well, I've I've done everything that I when I spoke to them initially, I asked them if they had any problem with the dogs barking. They said that, you know, they hear dogs barking, they don't like dogs barking, and I said that I would make some changes, but I didn't know that they were, you know, didn't like the dogs and

that the dogs were bothering them. So, this was months ago. And so I've been walking dogs individually, making sure all dogs are inside and reduce the barking. And so there are a lot of dogs in my neighborhood. There's the new dog that's on the corner. There's dogs on the south of me and there's two German Shepherds that live in the subdivision directly behind me that are always outside and always barking. So, I've made sure that the dogs on my property are not barking because I told her that I would take care of this because I don't want people upset that there's dogs barking. I don't like dogs barking either. So, I've done everything in my power to facilitate not having dogs barking. That's why I have one full-time staff member that cleans the property, walks dogs to make sure that we don't have incidents.

Thank you. Okay, we're going to go ahead and close the public hearing and go to comments from the board. [Music] How many dogs are kept outside? Are they are they outside during the night also or just during the day?

So there's the only time they're let out is to go to the bathroom. And so we let out one if a dog isn't a barker then we let out one to two dogs at a time. Then they're rotated back indoors. So I have the indoor kennels which were pictured. And so dogs are inside probably 90% of the time. They're not let out at night. They're let out individually and walked individually. If I have a dog that barks, then I physically walk them to make sure that they can not bark. So, like I said, I have a trail. I walk every dog that's in my residency program every single morning. I let them out one at a time and put them right back indoors. And then I let them out to load them up in my van. And then I take them off to wherever I'm going to go do location training.

I just wonder the privacy of the kenno outdoor kenno [Music] would help to dogs see that people inside park or see other animals and stuff. Well, there is a there there is kennels that are behind them. So there's um and that is blocked. So, we have um a partition in between. So, the dogs that are on the back side can't see the dogs on the front side. And so, if they're individual dogs, I put them on the opposite side of that partition. So,

I just wonder, you know, the neighbors were saying when their dogs see your dogs or vice versa, then they all start barking. Is there anything that can put up? So that doesn't Yeah, my thought would be is to put um right attached to the building I have two outdoor runs. So there I could put a fence along on the outside of that fence so the dogs can't see each other and so privacy fence.

Yeah, I just put a privacy fence there and to make sure that dogs don't see each other from that section. [Music] It had been mentioned about arborite cuz like the corn when it grows it kind of like absorbs the sound.

Yeah. Well, there's two sections. So, I have on one side of the property I have my kennel building and then on the other side of the um property I have a train facility and it has some outdoor runs there. So when the dogs are being trained inside and they go outdoors to go potty and then we're letting out a dog one at a time and then they brought back into the training facility. And so those runs where he is that has the corn in between that corridor. Um that set of runs can be seen from his property and those neighbors that are on the south. So that's where I would put the privacy fence. So any dog that is in that area that's being let out from training wouldn't see his little dogs cuz it's all little dogs are parkers. That's just the way that they are.

And so they just have that complex. Um, and so I could put a privacy fence there. So then any dog that's out and his dogs that are going to the bathroom in his backyard can see our dogs. So that's not a problem to do. Okay, Jim. Pretty much addressed all my concerns of adding all this venting or whatever is probably going to be any issues you're going to have. So I think the property is beautiful. Thank you. Start around the corner from there. I just don't know how long maybe if we didn't want to prove it how long before it is kind of seeing how it goes but I don't have the issue with it with the humanity and all that. Thank you.

Mister um you never really addressed it. Do you feel that some arbidas the rule of arobitas would help in any way? Um I would be willing to put them in. I don't know that it would or it wouldn't. Um, but I wouldn't be opposed to doing that if that's um if that if that was asked. I I just have an idea, you know, just as a question.

Sure. I mean, I think a privacy fence would keep the dogs from being able to see each other and that's what causes dogs to bark. Um, usually it's frustration that they want to go see them. Um, and so, but they can't because they're behind fence, at least mine are. Um but you know my neighbors dogs they're running they have acorage so the dogs are running free and so you know happy dogs chasing a ball or chasing each other bark at each other. So but you know I would there's no problem in putting that privacy fence there and if you know if putting a row of standard trees there would be fine too if that was needed. But I would I mean I would ask that I could do the privacy fence first and see if that evades it. So

along the lines of what you said Jim might give the one year and then yeah I think we hear if the noise is still in issue then maybe we too. So are we ready for a motion? Motion to approve for period of one year the contingency of the private event be added so that none of the neighbors thought each other. [Music] Thank you.

You have a second [Music] [Music] Heat. [Music] [Music] Heat. [Music] [Music] In the matter of case number UV 2025-52 as follow on the motion with conditions Jim Clary Yes. Yes. Williams. Yes. Debbie Cook. Yes. 4. Thank you very much.

I think that's all that's on the agenda. Does anybody have anything on anyone? If not, we look for a motion to return. Okay. All in favor? [Music]