Plan Commission - Regular Meeting

I can't say that. I I mean, I'd like to tell you if of course I would, but no, I don't I'm not sure I would. Here we go. Good evening. It's time to call to order the Board of Zoning Appeals, City of Franklin, Indiana. It is December the 3rd, 2025 at 6 PM. We'll begin with a roll call and determination of a quorum. Uh Mr. Nally, here, Mr. Gr. Mr. Key not here. Mr. Actton here and the chair is here. We have a quorum. Next is approval of minutes for the July meeting and also the October meeting. Are there any changes needed? To the extent it matters. Mr. Chairman, I reviewed and thought they were accurate. Okay. I'll entertain a motion to approve. So moved. Second. And all in favor? I. All opposed? Minutes are approved. Next, we'll be doing a swearing in for anyone who plans on speaking before the board tonight. Uh, please stand and raise your right hand. And Lynn's going to swear at you. I [laughter] will. Not at Carter, just his dad. You saw me swear for me testimony. Good night. Be the truth, hold truth, neither but the truth of you guys. Thank you, gentlemen. Thank you, Mr. Gel. Is there any old business tonight? Uh, no, sir. No, technically old business because we never started it last month. Thank you. Uh, new business I see ZB25-6, a variance for home view health and rehabilitation. Yes, sir. Is this presented in a timely manner? Yes, sir, it was. Okay, we are ready for your overview. All righty. This pulled up here. So ZB25-6 is a developmental standards variance request uh by Carter Staley uh for the property of Home View Health and Rehabilitation at 651 South State Street.

Uh the subject property is located kind of on the east northeast side of uh South State Street. Uh immediately north of it is the Franklin branch of the Johnson County Public Library. Um, and across the street from the library is the um the parks and recck community center and pool. Um, as we kind of zoom in here to the to the west of it would be Compass Park or Masonic Home. Um, property to the southeast if you will since it's kind of on an angle here is also owned by Compass Park but is owned uh institutional and is not part of their PD. Uh immediately or directly behind if you will the property is the uh railroad track. Um and on the other side of the railroad track are some single family homes and then also some uh duplexes. Uh I've indicated here with a a gold star where the um the item on the agenda tonight is located on the property just for reference here as we move through these and I'll get into some more details as we get there. But that's the the general location on the property where this is going to be uh located tonight. Just zooming in some more if we need to and reference later on. Um just some general notes about the project. Um the [snorts] project coming before you tonight is actually an Eagle Scout project. Uh and this request was actually initiated by Carter Staley. Uh this wasn't um initiated from by my understanding by Homeview Health, but by Carter. Um so um it is it is his request. Um the proposal is for an open-sided shade structure for the Home View Health employees uh when they're on shift breaks. Um so um currently on property there is not a place outdoors that is covered for them that is away from the structure and away from the guests or the the residents of the structure. So uh this is proposed at

the back um part of the lot. Uh by the ordinance, this property is technically considered a corner lot due to its location on South State Street and on Palmer Street. Um Palmer actually runs between their two properties there. Uh the north portion there is actually a separate parcel um from the main building. Um because of this um just bring this up because it um invokes that there's only corner or I'm sorry only side property lines and front property lines on this lot. Um so the variance requests here tonight are for for side um setback encroachments. Um [clears throat] in the institutional or in zoning district um there's a 25 foot sideyard setback requirement for all accessory structures. Um [clears throat] in this case um I guess I'll get into the details here a little bit more. um with where it's being located in the property, it would actually in and the jog that's in the property. Um it would actually encroach into two side setbacks just because it comes into a little bit of a niche there. Um let me see if I can get to it real quick here. Yeah. So on this slide here, uh a little bit difficult here to see um if you're trouble with colors. The blue line uh represents where the um the property line lies at the back of the property and the red lines would be where this proposed accessory structure would be located. Um with where it's located that the horizontal line that it's closest to, property line that it's closest to would be um approximately 3 ft. And then the um line along the railroad that goes uh kind of at an angle

um is 18 ft from the property line. So in both cases it would be encroaching within that 25- ft sideyard setback. Um and there if we move back up to here um as [snorts] I mentioned it is zoned institutional um and the comprehensive plan calls for this area to be an in institutional center. um some more kind of specifics about the proximity of this structure um to other things in the area. The the closest um property to it is actually the railroad and then the closest rail of the railroad is actually over 35 ft away. Um and then additionally the closest residence to any portion of the [clears throat] structure would be over 200 feet. It's actually like 225 ft from um any corner of the structure. So, and on the other side of the the railroad track as well. Um the specific details of the request is to allow an encroachment of 22 feet into the minimum sideyard setback um for that southsoutheast property line and then to allow an encroachment of 7 feet into the minimum sideyard setback for that east northeast property line. um petitioner has provided um a description of their proposal. Um it's included in the online um agenda as exhibit A and they've also included the construction drawings for it as exhibit B. Um and those are available for you if you want to zoom in on those. Um exhibit C here as I have listed here um is actually the site plan that they provided. Um, but within the staff report is this actual figure one of the staff report that shows kind of up close what they're proposing there a little bit better than the site plan. Um, [clears throat]

otherwise uh the request is ready to be heard by the board. I've got the um the zoning district comprehensive plan information as well as the decision criteria for the developmental standards variances um on the screen. Mr. Mr. Gel, I know the answer to this question, but just for the record, uh, since Mr. Staley is making the request, we do have the consent of the property owner. I assume that is correct that they have the consent to make this request. Thank you. Okay. [snorts] Who speaks for ZB25-6? Uh, good evening. Um, I'm Brad Staley, Carter's father. Uh, I just wanted to speak really quickly to the um consent of the property owner. Um, Mark was unable to attend tonight. They are in full support of the project, nor was he able to send anybody in hisstead, but um we we decided to come before you. Didn't want to wait another month. So, we're uh going to go ahead and try to get this approved. I'm going to get out of Carter's way and let him go, but I'm just with your permission want to stand up here in case he needs any assistance with answering questions. Sure. Uh, good evening. I'm Carter Staley. I'm a life scout for Troop 245. I'm currently reaching towards my Eagle Scout. Uh to obtain Eagle Scout, you have to plan and construct some sort of project that benefits the community in some greater way. Um we're here tonight to request two setback variances because of the uh where we're trying to put this. there's no real place on the property that really works and these people kind of need this area to step aside. Uh they don't really have anywhere where they're out of view of the people that they work with every day. Um so they need somewhere to step aside where they can

eat, where they can talk freely. They don't really have that. Um yeah, it's a it's a shade structure shelter. It's gonna it's a shade structure for the employees at home view during their breaks. Um Carter, can I interrupt you for a minute and just ask you how did you think of this idea? So our troop uh they're constantly on the lookout for kind of things that we could do to help out. Um, and they sort [clears throat] of present you with a list of like these are things that we've come across that could that you could do for your Eagle project. And so you get to kind of look through that or you get to suggest something of your own. And I went through and this was something that really kind of hit close to home having some older grandparents and things. Okay. So your family. So sorry I didn't mean to interrupt you. You can go back to your criteria. Just was interested. Yeah. Uh, moving on to decision criteria. General welfare says this project will not be injurious to public health, safety, morals and general welfare of the community. Um the nearest adjoining property from the structures a railroad and this the nearest rail of the railroad is over 35 ft away. So there's no real problem when it comes to that. The nearest residential structure is over 200 feet away. uh adjacent property. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. Again, the nearest rail is over 35 ft away, so it's not really going to impact them at all. Going over practical difficulty, uh the strict application of the terms of the ordinance will result in a practical difficulty in the use of the property.

Uh we really can't construct any of this without some sort of variance. There's no spot where it fits. Um as the property has been developed, there's no weather protected area for them to sit. As of right now, they're just sitting in their cars in the parking lot. Um so we're trying to build something for them to be able to use. Um thank you for listening and considering my request. Uh, thank you very much. I'm happy to hear any questions or suggestions that you may have. I I have a question with regard to the adjacent property won't be impacted. This is an open-sided structure, right? So, you [clears throat] really won't block anything in, correct? It's still going to be open. Yeah. Thank you. Okay. Any questions from the board? Seeing none, uh, we are ready for staff recommendation. Uh, sure. Do we just want to make note that there's no one here in the public audience to speak for? Yeah, there is no one here from the public just from a technical standpoint of opening the public hearing. Thanks, Alex. No problem. Um, don't want to end up in court case like we talked [laughter] about. We're good. We're good. I feel confident on this one. Very confident. Sure. Uh so for uh staff report um uh the staff is recommending approval as outlined in the staff report. um with three conditions. Um those being uh the first being that the south/southeast setback encroachment is limited to a maximum encroachment of 22 feet. That the east northeast setback encroachment is limited to a maximum encroachment of 7 feet. And that all applicable applicable federal, state, county, and local permits and approvals are required, including but not limited to compliance with all building, fire, and health codes. Mr. Staley, you've heard the staff's recommendations with conditions. Are those acceptable to you, sir? Yep. Yes.

Yes, ma'am. Yes. Okay. Thank you. Okay. We will uh entertain a motion. Make a motion to approve CB25-6 with the as with conditions as listed. Conditions. Second. Okay. We'll proceed with a vote. Mr. Nally. Yes. Mr. Gr. Yes. Mr. Actton. Yes. And the chair of Oess. Congratulations. Thank you very much. Get that Eagle Scout. Then you can take over your dad's business. How soon are you guys looking to start it? Soon. Let the weather clear a little. Trying to get it going, but Okay. We've been trying to get it going, but there's been some obstacles in the way that keep popping up. So, good luck. Thank you very much. Okay. We'll move on to other business. Uh see we have a 2026 BZA calendar of meeting dates. Mr. Gel uh has it on the screen at this time. Do the members see any reason to make any changes? Just of note uh there weren't any changes other than changing of the dates. These should all still correspond to the first uh Wednesday of every month. Um and then our standard um dates kind of going backward for typical three weeks for application between application deadline and and meeting date um except for like November and December where we build in a couple extra days just because of the holidays and everybody on vacation. So okay, do we have a motion? So moved. Second. What was the motion? Uh to approve the 2026 BZA calendar dates. Motion and second. All in favor? I. All opposed. Okay. I'll entertain a motion to adjurnn. Motion to adjurnn. Second. All in favor?

I. All oppose stay. [laughter] That's an honor of Jim Martin. Remember he used to say his eyesight's not good. Oh yeah. He kind of spoke against it. still hang around. Yeah. Put in his two cents how he feels about the seagures. Real cool. Oh yeah. Did we have anybody online tonight watching it? Did not even look. Probably less. Um probably you