Board of Zoning Appeals (bza) - Regular Meeting

You feel like you're being stared at. All right. Call to order tonight's meeting of the board of zoning appeals and uh ask for a roll call when you're ready, please. Andy Jones, present. Don Dberger here. Darla Brown present. Bangor. Andy Bole present. Okay, hopefully everybody got a chance to review the minutes from last month's meeting. Um, I had no changes to suggest. Anybody have any changes to the minutes to suggest? I have. Okay. All right. Then I entertain a motion to approve them as written.

So moved. Second. All right. A vote to approve last minutes when you're ready, please. Okay. John Delberger, yes. Andy Boils, yes. Tyler Brown, yes. Randy Jones, yes. Vanguire, yes. Last month's minutes are approved. We don't have any old business tonight. So, I'll turn to the first item of new business and the only item of new business, which is document number 25-10. That's a request for a special exception for a tourist home. And Kayla, whenever you're ready, we hear your staff report.

Okay. Stafford report for Wagler Touris number 25-sear Hearing date July 23rd 2025 petitioners and property owners Canadian Misa Waggler for homestead ledity request of a special exception for a two guest room tourist home with a maximum occupancy of six guests. Ordinance provisions Brown County Area Board of Zoning Appeals Resolution 2022-01 tourist home special exception guidelines and conditions and chapter 1 section 2 and chapter 3 sections 1 and 4 in the Brown zoning ordinance. Location 6194 State Road 135 North Morgantown in Jackson Township. The home is on the west side of State Road 135 North and is approximately a half mile south of the intersection of State Road 135 North and the railroad track. Zoning and current land use. The property is zoned primary residential R1 and has a residence garage and apartment. General findings. One, the prop property consists of three acres with an existing home. Two, the petitioners are proposing a two- guest room tourist home with a maximum occupancy of six guests. Three, the one-story home is currently undergoing interior remodeling and has approximately 1,288 ft of floor space comprised of a kitchen, dining room, and living room, full bathroom, and two bedrooms. Fourth, the home will contain approximately 594 square ft of guest space, which exceeds the 50 square feet per guest space requirement for six guests. Five, the home and septic system will be located outside the boundaries of the average 100-year flood as indicated on the flood insurance rate map. Six, the site plan shows a garage with three parking bays. This area is adequate for the minimum parking area requirement.

Seven, Duke Energy provides electrical service to the property. Eight, Brown County Water Utility Incorporated provides water service to the property. Nine. The Brown County Health Department issued permit number 25-35121 on April 15, 2025 to allow installation of a new three-bedroom advanced envirro septic system. 10. The Fruitdale Fire Fruitale Volunteer Fire Company inspected the driveway and confirmed adequate space for safe entry and turnaround on April 14th, 2025. 11. The petitioner wishes to act as a local manager of the property. 12. The petitioner will place a map of the property boundaries inside the home for guests. 13. The owner will post notice that the discharge of firearms is prohibited. 14. There are no residences within 250 ft of the proposed home. 15. There's one tourist home located within 1320 ft of the proposed home. The straight line measurements on the GIS map range from 1,290 ft to 1,35 ft of distance between the proposed tourist home and an existing tourist home. Recommendation. If the board approves the petitioner's request, it should be based on the following conditions. One, all tourist home guidelines and conditions will be met. Two, the number of guests will be limited to six. Three, a local manager will be utilized. Four, the septic system will be installed in compliance with the Brown County Health Department's requirements. Five, the building permit will be completed and inspected prior to operation. Six, the property boundary boundaries will be delineated on a map inside the home. Seven, a no will be posted that the discharge of firearms is prohibited. Findings effect, the board may grant a

special exception for use in a district if after a hearing under section 7.2. 2. It finds that one section 3.1 of the Brown County zoning ordinance authorizes a special exception for this use in the designated district. Finding staff report or special exceptions for tourist zones are allowed on property zone primary residential are the requirements for special exceptions prescribed by this ordinance will be met. And then would you guys like me to read all of the findings or just the one that it does not meet? I would be content with the latter.

Okay. So D findings, there are no residences within 250 ft of the proposed tourist home. There is one tourist home located within 1320 ft of the proposed tour. And then three, granting the special exception will subvert the general purposes served by the Brown County zoning ordinance and will not will not materially and permanently enter other property or uses in the same district and vicinity. By means, although not all guidelines are met, staff finds no evidence that approving this application with the recommended conditions listed will materially and permanently injure other uses or property in the same district vicinity. This proposed tourist home and the existing tourist home are separated by State Road 135. Woods and farmland. No evidence is found that the impact of this tourist home on neighboring property would be substantially different than the impact of tourist homes previously approved. Summary. All guidelines other than deed, the distance between tourist homes is met or exceeded. The board must determine whether allowing the reduced setback between two tourist zones will materially or permanently injure other property or uses in the same district and vicinity. This a view to the north from the driveway to the south. And I did try to get a close-up picture. So this shows the measurement from the GIS map approximately 135 ft.

And then this is uh this little pink icon here is showing an existing tourist home. And the end of this line is the 1320 ft. The end of the pink circle here. Gotcha. Y that's the end of the staff report. And so do you have a a picture of the other tourist home from this tourist home property? Was that that you wouldn't be able to see it? So it is you go down this long hill here and then it's I think the second driveway after that dip. Okay. Up to the right.

Okay. Gotcha. Do we know how many other tourist homes are in the area and other than that one? So, there is one more. That's what this pink buffer is here. All right. To the south. Okay. And then there's another buffer here. And then this road right here is Railroad Road. So, it's on the the norththeast side of Railroad Road, it looks like. [Music]

And on number nine, the uh the new septic, does it meet the new requirements the state? As far as I know, they've been working with the health department on that. We can ask them to Yeah. I mean, is that law now? I think for future admissions, yes. I It's a little bit up in the I I don't know that Andy is actual law. I think it's a policy that now is being set by the health department. Uh no, the statements are reviewing for tourist phones now facilities. But is there an effective date?

No, I couldn't tell you. I don't know. Well, um yes. Uh you just lied. I did. Uh the county health department I believe I was informed that as of July 1st I believe or June 1st. I think it's July 1st that comes into effect. This is July 2. Either way it's

so it's in effect. Yes, it is. It's supposed to be in effect. But I don't want to really speak I'm not here to speak on behalf of the health department. I just can tell you what was conveyed to me. I would be willing to bet that Mr. Waggler has extensive resources to meet whatever criteria necessary with the septic system. I I suspect you're correct. Yep. I think he knows the guy. Uh, how many cards went out? Kaylin came back. There were nine and we got back five. Thanks. All right. Any other questions for Kayla from the board? I don't have any. Okay.

Any did you or your wife want to add anything to the staff report or no it's you know very okay. All right. Thanks. I I'd like to ask the question you specifically do you know whether yours your u septic meets the new state requirements? Well being that it was approved there in April. Can I ask you to come up with that? What do you please in the market? Thank you,

Jane. I I I don't know that for sure, but being that it was the the septic was approved in April at the health department, I don't know. I I can find that out if you would like. Thanks for that. Uh, any other questions for the petitioner from the board? Anybody here tonight wants to speak for or against this petition? I don't see anybody, but I thought I'd ask. All right, I'll bring it back to us for discussion and uh to reach a decision.

I thought I'll go first. It's 1.25% 25% within the recommended guidelines. So as far as item B being a outside the norm, I would think that's entirely justifiable within 15 ft. I I don't have a problem with this petition at all. Um Darth, I don't have a problem with it. I think it's close enough. I mean, within a a narrow enough range that I'm not too concerned about it being that close to another.

I realized I did have one question for you, Kenny. I forgot to ask. Since you're going to be managing this property, do do you have some experience managing a tourist home? Answer it is no. Uh, and I don't think I'm going to be managing it. Oh, okay. All right. the conversation that you and I had earlier. U maybe that will be down the road or kind of our wish list, but at this point uh no, it'll be managed by a professional manager.

Okay. You'd be okay if that was a condition of approval that it that Yeah, I Yes. Yes, we would. Okay. All right. The biggest reason mainly is so that if something happens after hours or on a weekend or during a holiday and you're out of town, there's somebody that they can contact that. Exactly. You know, or somebody gets ruckus or, you know, whatever. Exactly. Okay. Thank you, Kenny. I can

you step down. Uh, can I is there are you constructing a pond out front there or is that just a low drainage soil area? Well, there was there was a always a pond there. Okay. And we kind of uncovered it by taking trees out and brush and uncovered it. Okay. All right. So, you're just kind of rehabing what was already there. Yeah. It's just it just shows the existing lake now. Okay. Yes. Yeah. All right. Um Randy, your thoughts on this particular

uh I I think this is a very minor uh special exception uh request and based on that based on staff's summary, I I have no concerns with this. All right, Jane. I know that it's within the um prescribed footage, but it's not that much. So, yes, I'm okay.

Okay. All right. Um, I I also am I'm mindful that our tourist home guidelines are just that. They're guidelines and the language in there says it should be at least 1320 ft. Should is a one of those verbs that means we're take case by case approach and circumstances into account. I am also okay with it being slightly less than 39 by 20 ft for the nearest tourist home and I'm okay with it otherwise. So I' I'd entertain a motion if anybody I'll make a motion. All right.

To approve docket number 25-se as submitted. Um, do I need to list the reasons why we accepted it below outside the general tolerance? Uh, you may or you may not. I know we had done that. Um, well, we have a reporting and we'll have minutes. So, presumably that will contain our explanation

for the minutes seeing as it is within 1.25% 25% of the total recommended distance. I find no issue making that acceptance or variance special exception. Right. Would would you be okay amending your motion to accept it uh provided the following conditions are met? Yes. First one distracted me from the second of course

that all tourist home conditions and guidelines be met. The number of guests will be limited to six. A local manager will be utilized. Septic system will be installed in compliance with the Brown County Health Department's requirements. Uh the building permit will be completed and inspected prior to operation. The bu the property boundaries will be delineated on a map inside the home. A notice will be posted that the discharge of firearms is prohibited. I'll second that motion. We have a motion to approve that's been seconded. a roll call vote when you're ready. Danielle, Andy Boils, yes. Darla Brown, yes. Randy Jones, yes. Jane Boore, yes.

John Delberger, yes. Your request has been approved.

Dave or Kayla, any announcements or updates? I have none. We we did prevail and then mix in two if what does that mean? This means that his appeal of your decision was denied. Yes. Is that final or is that act one? That is subject to appeal to the court of appeals. problem getting everything,

right? So, it's actually that's act two, right? So, we don't know if there would be an act three. Uh, I don't have anything else tonight. Um, unless anybody does, I'd entertain a motion to Can I interject something here? Of course, I don't know if the rest of the commission members were aware of the new interpretation by ISD about the tourist stones. They're now looking at them and considering them as commercial and that's the reason they now want to look at them and review them the septic systems uh prior to approval. They being the state

correct board of health. Correct. Yes. Uh the actual permit itself will be issued through the local county health department but go through at the state level. Yes, it's not considered commercial. Okay. No, I was not that impact that have but nevertheless that's that's how seems counter to our attempt to reduce and streamline government. But still, that's why I brought up the question about subject. Yeah, I understand. It may or may not be a game change. You're We'll just have to wait and see. It's only time.

Thanks for that. I'll be interested to see if they I mean, the state already reviews anything over a sixbedroom. And I'll be interested to see if the state wants in each change with a two-bedroom system. I I just can't see that technology is it kind of works one way. I understand if you're getting a real big bed, but I don't understand why the the state like are they going to make them they going to have the requirements for square footage or I'd like to see more on that.

Well, it was noted that that they were appalled at how many first homes we have in this county. Uh wouldn't you say they were appalled by how many we had on septic or on sewer or why were they appalled on septic and and who is that the that Indiana State Department of Health ISD? Yeah. Um they were distressed somehow by the number of tourist homes we had. Well, I think there's very few counties in the state of Indiana that have the amount of tourisomes that we have here.

I could believe that. And uh I think it kind of caught them all a little bit off guard when they uh started the initial discussion on this when they were looking at other counties and they were seeing a rather controlled easily controlled they got to Brown County and was like wow I said man we're missing out on revenue. There's going to be a lot of work here for us to review. So uh stay tuned time will tell uh how this whole thing plays out. Uh it's it's merely a policy and error forations at and uh but those can change. Okay. Okay. Or not it. Oh god. Second.

Okay. Motion to adjurnn. It's been seconded. Roll call vote please. Danielle Brown. Yes. Randy Jones. Yes. Jane Gordy. Yes. John Dilberger. Yes. Andy Doyle. Yeah. Meeting is adjourned. That was