Board of Zoning Appeals - Regular Meeting

We'll have a roll call, please.

Ess here. Gibly here. Lineer is absent. Milner's absent. Pinkerton here. Shaker's absent. Secor's absent. Sellers here. Webster here. Wendell here. Beast here. Clott here. All right. Do we have a motion for the minutes from the last meeting? Please make a motion we approve minutes of last meeting. Second. It's been moved and seconded. All those in favor signify by saying I. Oppose. There being none. They'll be as such. Okay. So, we uh move on. Sound good?

Play a game. Does it work? Almost. Try. Maybe it's on. I wonder if it's dead. I guess welcome.

Thank you for the slide. Um, so this is your agenda for tonight. You've already gone through your roll call on minutes. Uh, you have two cases this evening. One, uh, minor subdivision and then one reasonzoning request and then a couple updates. Should be relatively short and sweet. Uh, going on, we've gone through the minutes getting into plan commission case 2025-11, Jacob's Arthur G and Lisa J. Uh, Jacob's Arthur G and Lisa J. 13268 13268 Nutmeg Trail, Plymouth, Indiana 46563. A request for a two lot minor subdivision of a 29.74 acre property located at 1221 Elm Street, Plymouth, Indiana 46563 identified as partial 50320800390018 zoned R2 suburban residential district. Uh so for the request, the applicant seeking to preliminary uh subdivision approval and creation of additional lots. The name of the proposed subdivision is not yet named. Uh we're still working on that with the applicant uh for the procedure of the sketch plan reviewed by the technical review committee at the August 26th uh meeting and the primary/ secondary plat will be to be determined after this as he works in coordinates with his surveyor of choosing. Uh we went through and we took an aerial photography from Beacon uh to kind of show you where we're cutting out. Uh there's a house in a pole barn that's been under construction uh working on its certificate of occupancy here at some point in the future. Uh here is the subject parcel as it pulls it out. It's going to meet all our setback as as required. And then on the west hand side there's a 50ft easement providing access to the residual of the property. Um that's part of the requirement for access. And so we've put it there on the west hand side in coordination with the property owner. Uh we went out took pictures of the associated property in context looking up and down the roadways kind of panning around. Um then we kind of begin to pan

across uh the northwest corner of that property uh where that easement is and then his driveway would be immediately adjacent to that where the old uh street stub was and that is the context for uh the subject lot and property uh out by the school. So for the analysis under this sub subdivision control ordinance, the plan commission shall determine whether or not the proposal has met the requirements and standards of the ordinance and has been substantially met before having a public hearing. Based on a cursory review of the proposal to create two lots, the technical review committee did not see any issue with the intent and the project would create one new lot with an easement for access to the residual parcel. The new parcel would then be annexed into the city uh while the residential uh would remain I flipped that my apologies. The new parcel would be annexed into the city and the residual would remain in the county under the 2-m extr territorial jurisdiction of the city. The TRC will still continue to review uh the project to be in conformance with the below uh decision criteria which includes five different aspects. Those aspects include the establishment of minimum width, depth, and area of lots within the projected subdivision, coordination of subdivision streets with existing and platted streets and highways. Uh coordination with and extension of facilities included in the comprehensive plan, and then fair allocation of areas for streets, parks, schools, public and semi-public uh buildings, homes, utilities, businesses, and industry. and then distribution of population and traffic in a manner tending to create conditions favorable to health, safety, convenience, and harmonious development of the city. Now, for recommendation based on the sketch plan provided and reviewed by the technical review committee, staff would recommend approval of the proposal as meeting the intent of the subdivision ordinance allowing the developer and design team to move forward into the preliminary plan stage of development. It's a lot to say he's cutting one

property into two pieces, but the ordinance itself has some amendments coming in the future depending on how fast we can handle a couple other things within the office. Uh just to make some better clarity, especially for projects like this that are relatively simple in nature. um trying to slim that process down so it's not as uh strenuous but also still uphold the intentions of the subdivision ordinance itself. Questions, comments, concerns hearing none. Hearing none. Okay. So, do we have a motion to open it up to the public? Do we need

the applicant may have some comments he may wish to say. Uh there's no public hearing required. Okay. Uh for this portion um as it's just identifying whether or not you believe he meets the intent to move forward to work with the surveyor. All right. Does Art says he doesn't have anything to say. So does anyone else? That is a first. That's unusual. Yeah. Highly unusual. I'll come over. Can we can we put that in the middle so have anything to say? Okay.

So, there's nothing from the applicant. Okay. So, do we have public hearing? How move we approve DC 2025. Second. It been moved and seconded. Uh we will vote by roll call, please. You're just identifying whether or not you believe it's meeting that criteria. Okay. Um, I wouldn't necessarily believe that it needs to be a full vote because there's no final decision that's being created. There's no actionable piece. Well, it it it doesn't hurt to go on record that they agree that it meets the criteria and can move forward the next step. Sorry. Proceed with your vote. All right.

Epstein. Gley. Yes. Pinkerton. Yes. Sellers. Yes. Webster. Yes. Wendle. Yes. Feast. Yes. So that's a 601 vote which would pass out of 13. Um so we'll coordinate and work with the applicant to move forward into their next stages seeking approval and public hearing. Thank you.

All right. Now moving on to case number two for this evening. Uh PC2025-12 Birch Mile Reynolds LLC. Uh Birchmile Reynolds LLC um 11100 Shady Lane Drive, Plymouth, Indiana 46563 is requesting for a zoning map amendment from C3 Corridor Commercial District to R4 Multif Family Residential District of a 3.10 10 acre property located at 1425 West Jefferson Street, Plymouth, Indiana 46563, identified as a parcel 50 32051030630019 zone C3 corridor commercial district. Uh so for the proposal applicant seeking to reszone the property from C3 corridor commercial to R4 multifamily. Uh here's that subject property. Uh for those of you that are on uh BZA, you've seen uh their case come before you previously on the smaller lot uh to the northwest corner of that cutout uh for the addition of an an additional duplex within that space. So they're coming back before us to reszone uh the remainder of the property to move forward with some additional development opportunities um which is showcased here back from a 1994 original design and plan for the property. um they won't be able to fully go through and forward uh with it as it was originally designed uh because if we go back one slide, you'll see that there is a barn located on the south central side of that property which also predate or which sits on a slab that predated the plan itself. Um, at one point in time when Park Jefferson Apartments were being created, they put an additional foundation on the subject property um, and never moved forward with that development. And so when uh, putting up the pole barn, they were able to capitalize on existing infrastructure uh, not only including the pad, but

there was some additional plumbing and what have you uh, tied into that pad. And so they were able to take advantage of that. And so with that understanding on the south side and the southwest corner u being retention, we've had some discussions at TRC about that, you can see how the southern portion of that development won't completely come to fruition and some different spacing matters will come into play, but in general, uh they'd be looking at adding some additional duplexes. Right now they're sitting anywhere between two and six depending on how things go uh with the first few. Um based on housing there's a substantial need for it. But it also comes with the construction aspect to it. Uh so as you can see here as we pan up and down the roadway on Jefferson and work our way into the property. That's the subject. Um duplex that's under construction currently that they've recently uh gotten approval earlier this year and we're beginning to work into that field um at the back of the property. And you can see here along that wood line, that's where they would begin with the first two units uh creating four total housing units with a uh drive that would go towards the tree line in the rear uh of this picture uh to the east. and then continue to build around and towards the south. But initially we're looking at the first couple units on that north side of the development. So for the analysis applicants, commercial business and an existing apartment community. The initial project design for the complex is an addition of four duplexes which will create eight new housing units under review of the technical review committee. There there were no initial red flags to the development based on the resoning of the

property. Uh the TRC will continue to work with the developer through the final designs of the project as it will likely occur in phases. Uh so for your determination tonight on whether to provide a favorable or unfavorable or no recommendation to the city council, you're going to be taking these five matters into consideration, including the comprehensive plan, current conditions, desired use, property values, and responsible growth. So for comprehensive plan, the comprehensive plan designates the area for transitional mixed use and traditional neighborhood. The conference plan on multiple occasions discusses the need for a mixture of housing options to create availability for the city's workforce. The developer is seeking to continue building affordable housing for residents to come into the city. Uh the subject property is located on the south side of Jefferson and Lincoln Highway set between the road, a single family residence, a commercial business, and an existing apartment community. uh the desired use of the property is to develop the property to maximize its potential while respecting the context that that parcel sits within. Uh for property values, the impact on the adjacent property should be minimal due to the already commercialized area in which it sits in accompanying denser development. for responsible growth of responsible development of the parcel through long-term connectivity improvements will assist in reasonable growth. Uh for recommendation based on the information provided and review by the technical review committee staff would recommend approval of the proposed reszoning of the subject property from C3 corridor commercial to the R4 multif family district. Now it is up for board determination on the matter. Any questions, comments for staff? Would you explain or define for me again

duplex? I know what they are, but what what are the what I want to say? The rules and criteria. Yeah. The criteria for making a duplex. So, from a a structure standpoint, you can think about it as two homes that are sandwiched together with a firewall that runs through the middle. um greater detail that details of that I'll defer to the building commissioner, but in general, it's a simple way to think about it.

Um they've got to have a fire separation between the two in order to provide some safety between the two different units. Um but it's an ability to provide a different level of housing or a different type of housing for individuals. uh they may not need the entirety of a single family structure, but they can use something a little bit more efficient uh to be able to use their space. Is there parking included in

Yes. And so the parking as it was laid out back in '94 um had a driveway in between the fronts of the buildings and parking on the sides of the structure. um with some conversations with the applicant, they're looking to put uh the parking in front uh similar to how they have it now. Uh so if you can picture back to some of the uh images we looked at just a little bit ago, they have some existing duplexes that are there now. Um and you can see uh yep, right there. So on the screen you can see how the duplex has parking in front of it and then you've got two strips of asphalt creating the driveway itself. It would be in a similar fashion. uh that they'd be proposing to um build this next um extension series.

So, more or less a carbon copy of what you're seeing there and what they're building now. They're looking to continue to expand across that property with additional um residential opportunities for the city. Okay. Thank you. You're welcome. This is the recommended recommendation, correct? Correct. Yeah. So, you're just making a recommendation to whether or not you agree with the resoning change for this property for city council to take into consideration, they're going to receive a similar representation regardless. It's just a matter of which direction do you believe to go with that parcel and the city gets twice as much taxes? Yeah.

On a duplex is what they do. You get to play 2% instead of 1%. Okay. I don't play in I just said the city gets two twice as much taxes on a duplex as what you would on a single family home. I don't claim to be a tax wiz. Yeah, I know. But that's just what my recommendation is or that's what it is. I know it is. Yeah. Like to make a motion to PC25 or 2025-12 to send a favorable. I don't know if the applicant has anything they would like to add or if there's any members of the public that would like to speak on this case. Okay. Hearing public hearing. Yeah.

Yes, we do have a public hearing on this one. Yes. Could we have make a motion we open it up for a public hearing? It's been moved second. All those in favor signify by saying I. I oppose. There being none, does anyone have anything for or against or any questions? I make a motion to close the public hearing. It's been moved. It's been moved and seconded. All those in favor signify by saying I. I. Opposed. Now, if there's a motion, I'd like to make a motion to send a favorable recommendation for PC 2025-12. Second.

Been moved and seconded. We will vote by roll call, please. Essley, yes. Pinkerton, yes. Sellers, yes. Webster, yes. Wendle, yes. Peace, yes. That's why it didn't work. [Applause] Um, so moving on to our next item of business will be the building commissioner's update. Mr. Building Commissioner, do you have anything you wish to add this evening?

I have nothing. Seeing nothing on his part, uh the following item to that is the comprehensive plan update. Um we had our large scale comprehensive planning committee um meeting last Thursday. Thursday if it was like significantly longer than that, but it was just

overall went excellently. U making some great progress. Uh Jeff and I are currently coordinating on making sure we've got the uh task tracker up to date, which is the several um boards that are around the walls. Um and we've made additional progress on that. So we're very excited about it by bringing um projects that haven't started online. Others have been completed and so continuing the progress of that has been extremely excellent to see. um and approaching that two-year mark, uh we're looking forward to celebrating some additional milestones, those sorts of things. So, very exciting to see a comprehensive plan that typically takes anywhere between 20 and 30 years to accomplish. Having a lot of substantial uh compliance and updates done um within 2 years is truly fascinating and a testament to the city. And then the last item on the agenda I believe is uh just the next meeting will be October 7th if I date correctly. Um and that'll all be pending uh applications coming forward in the future. Comments, questions for staff.

No questions. So, we're going to have a busy October. Every day is an adventure and that's a month from now and I couldn't tell you for you. No one else has anything to say. I do have one question on the code enforcement report. I don't see any abandoned cars dealt with for the entire year. Are there any abandoned cars? I I seem like I see an awful lot of it, but the the police department handles the abandoned cars within the city. I know this police chief said that he was going to have an initiative to

if you drive through the city and you can see all the tags and he's been tagging on them. I' I've seen quite a few tags and can we get a report the next week, the next month on what the activity's been on that?

So, we can try to get that. Um I I know that the um police department submits a report to the council once a month so we can pull their reports. Um and I just wanted to share one of the things that Mayor Worenberger has been uh uh really focused on is revising our code enforcement process uh documenting the current process and then creating um updated procedures. Uh part of the reason for that is because there is there's been some confusion about what aspects are handled by the building commissioner, what's done by the police department, what's done by other departments or who all is involved. So we're in the process of developing uh better procedures for code enforcement and and we should have some updates on that once we work through that process. It'll probably be a few more months before we have it finalized. But

do we have do we have a code enforcement officer? Well, that's part of the question. Uh, depending on which code you're talking about and what type of enforcement, um, like I said, for a lot of code enforcement, um, zoning ordinance and most city code violations, the building commissioner takes responsibility for those. Uh, for some things, it's the police department. So, like parking and abandoned vehicles, that's all handled by the police department. Um, so there's does seem like I remember that they used to say that the code enforcement officer had to be deputized. Is Dennis deputized so he can do his uh different code?

That's a different type of code. Uh there there's nothing as far as our code enforcement within the city that requires anyone to be deputized. I thought mayor carry a gun mayor center there. There may be some law enforcement activities that are related to code enforcement actually being able to go onto somebody's property. They needed to be well there's certain things that have to be uh in order to go on to property uh there are certain conditions that have to be met. Um I just don't want Dennis to be in a situation where, you know, somebody says you can't be on my property and he should have been deputy. I speak absolutely.

Um doesn't matter. The only law enforcement that I know of that can actually walk on your property is a game warrant. Correct. So, okay.

Correct. Just a county sheriff or a city officer cannot just walk onto somebody's property without due costs. They if you do an inspection, you have to get an inspection warrant to go on. Normally, you just go to the door, knock on the door, tell them who you are, and hopefully they're grac gracious enough to allow you access to their property. Because otherwise, you get the inspection warrant, you come back. If it's me, I'm going to get an inspection warrant. I'm going to come back with either the local sheriff or city police officer with me.

I I know everybody wants to get out of here, but what what what about like an unstate building inspection? I cannot I cannot walk in unless I have permission from the owner or the tenant. So, the So, if the tenant files a complaint, that's permission. If the tenant files complaint and gives me permission to enter their residence, their unit, their unit, I can go in. Okay.

Yeah. So, any action the dentist takes is either based on what is observable from a public space or he has to be given permission to access the property. If permission is denied and he has reason to believe that uh there's something on the property that is an unsafe condition or other code violation, then we have to apply to the court for an inspection warrant in same almost the same process as the police applying for a search warrant. And Jeff, I got a question about vehicles. Uh someone has cars in their backyard that aren't licensed. Is that considered an abandoned vehicle?

That is a violation. Yes. Okay. And I know that uh Chief Weir has been diligent about identifying those and taking action against them.

Anything else? Even if they've got a plate, current plate on them. Well, that wasn't the question. He asked if they're not registered. Um if they are registered and they appear to be operable, then that's not a violation. If they're not current, I do have a question. It goes back to the point why we're here. Uh that property was uh that that property is encumbered by a lawsuit from the attorney general. Is that correct? So the attorney general did obtain a judgment in that lawsuit. So there is currently a judgment lean against the property. Okay.

Um I have been told I have not looked it up. been told that there is another lawsuit pending against the property owners um which could result in an additional judgment lean. Will that uh will that uh stop the de demolition of that building until the suits are settled?

It will not prevent the city from taking demolition action. What uh would probably happen in that case is if the city has to take action to demolish it, then we would also file a lean on the property for the cost of the demolition. So, you'd be stacking leans. Um unfortunately, we don't get uh priority treatment as a lean for demolitions. So, we get in line after the existing junior junior lean holder. Yeah, we would be the junior. We were last in line. Yes. I was at this point there could be more and I and I I was curious about that because there was a lawsuit pending and whether you could proceed with the demolition of that

because that was encumbered in a lawsuit. Yeah. No, I mean I I think theoretically and I'm not going to give them legal advice, but theoretically they could seek some sort of injunction to stop the city from demolishing it while they're resolving things, but they have not done that. I was I was more concerned about making sure the city was well covered. Yep. Should they decide to go in and tear it down and then, you know, we could we could be on the hook for something because we demolished some of the value of the No, there there's nothing that restricts the city from taking action as long as we follow the correct legal procedures.

Okay, good. That's just that was a question I had. So don't you think that if the city had to actually pay the 7570,000 whatever it cost to tear this down that Mr. Rakita would gladly back away so that the city could recoup their money first. I can't speak for the attorney general's office attorney. I have discussed the situation with the uh staff attorneys in the attorney general's office. They are aware of the city's uh potential action and if it comes to it, we hopefully could work with them to find some resolution. But I can't speak for

two. From what from what I read on this, isn't the attorney general representing the former tenants in that building? Well, the attorney general is representing the state of Indiana, but the basis of the judgment was compensation for a a a portion of it was compensation for the residents. So, if they were to settle that judgment, it would be at the expense of those residents compensation. I again, that's getting into a lot of speculation and I said, I I can't speak for the attorney general's office. I don't know what they would do or agree to. No, I think we all know what he agreed to. Well, I'll let him speak for himself.

That's my only that was my only question I had. Yeah, but to to your initial question, yes, the city can proceed with if we choose to with the demolition. If uh if the property the property is listed for sale, if it were to be sold, I would presume that they would require a um a clear title be delivered as part of that sale, which means all of the leans would have to be satisfied. It's not going anywhere. I don't know. Again, lot of speculation. I don't know what's going to happen. Yeah. Anything else? Should be spending five 600,000 700,000. You ready for me? Make a motion.

I move we That's my job. Age before beauty. Age before beauty. Well, that's we have a second. Somebody. All right, we can go home then. All those in favor signify by saying I. Oppose. get out here.