Area Plan Apc / Bza - Regular Meeting

Wednesday, April 1, 2026
Transcript
Video
Agenda

About this meeting

Government Body
Area Plan Apc / Bza
Meeting Type
Area Plan Apc / Bza
Location
Decatur County, IA
Meeting Date
April 1, 2026

Transcript

152 sections (from 445 segments)

5:58 – 6:420

courthouse. We will get started for the April 1st, 2026 Board of Zoning Appeals meeting. Uh, first item on the agenda is to approve the March 4th meeting minutes. Yes, sir. The first item on the agenda would be to approve the March 4th, 2026 minutes. Those were sent out to the board members. Uh, should have had a chance to review those. I'll look for uh any concerns or any notes on those. If I hear none, we'll look for a motion to approve. I move we approve the minutes from last month's meeting. A second.

6:400

I'll second that.

6:42 – 7:350

Okay. The meeting minutes from the March 4th uh meeting uh are approved. The first petition is BZA 2026-3. Uh Jesse Finton is requesting a conditional use to have a fabricating and machining business. The request falls under Decar County Ordinance Section 935. The property is currently owned by Jesse Fenton and is located at 2625 South State Road 3, Greensburg and Clay Township. So, Mr. Finton, thanks for being here. If you would take the podium and tell us uh what you're looking to happen, I've been doing machining and printing stuff as a hobby with the that more business.

7:50 – 8:200

Okay. So, tell us about some of the things you're making. Is it uh uh generally things you maximum size uh the things you haul in, things you carry in? Generally um usually things smaller than 12 by 12. Okay. Parts and accessories. Okay.

8:250

Like to Sure.

8:38 – 8:550

So the truck traffic that I guess you would be seeing is probably just small UPS, FedEx, those type of trucks, right? No, no semiis or anything like that nature. Sure.

9:12 – 9:290

So, it's all mail order. You don't have But you do you plan on having store hours? No.

9:35 – 10:090

So, do you own uh the image here? So, we've got an overlay of where like a sign would go. Are both of those parcels in this image yours then? Yeah. Yeah. over the house. They just happen to be on different parcels. But but yeah, and just to be clear on conditional use, conditional use that no sign or advertisement are displayed upon premises unless approved by the board of zoning appeals. So, so you would have to make that an approval as well. Okay.

10:06 – 10:210

Typically in additional use there is no sign. So, so we would be looking at essentially two requests. One one conditional use and then one for the sign. Is that

10:18 – 11:060

sign? Okay. As far as a delivery truck, uh the I I understand the uh the the semi thing and and I I would have a lot of concern if if if you would anticipate a a semi needing to pull off the side of a state highway at any frequency at all, that would be a concern. you know, we wouldn't want to enable a business that can't get a truck off the road. Uh, that would need to be a pretty infrequent thing or we would need to look at some capability of getting a truck in there. If if you had to estimate the frequency of something like that, what would that look like?

11:10 – 11:540

Oh, okay. Okay, that's that's fine. And I assume that the the drive on on this uh on this parcel, you can easily get uh a UPS truck in and out of there. Is that a It's hard to see on this picture, but there's like a right there in the front. Okay. And then the driveway. Okay. Okay. Wouldn't have to back in or out at that point. Yeah. That's where your business would be is in the barn in the back. And there's kind of a pretty good shoulder there to begin with, in there, like right between State Road three and where you proposing to put this. Yeah. Yeah. I think that's the biggest concern is like you said, Paul, is just Yeah.

11:52 – 12:270

safety. I mean, if a semi was getting there every once a week, you know, the probability of something happening, it's obviously high. But if we're just talking once in a great while, you know, that's no different. Yeah. Are you currently using that machinery in that pole barn like for your um is is that where it's located now? Yes. Okay.

12:28 – 13:160

Right. And it's I'm not familiar with that type of is is there noise levels? I mean you've obviously been using it already. Is there like a noise level associated with any of that or I mean I drove by on the way you're on my way here in town so I I took a look as I drove past but I mean it because it sits kind of there along those trees next to your the neighbor's parcel. compressor is inside the structure.

13:27 – 14:100

Sure. I'm not super familiar with the business either, but do you have any like external gas like industrial gas tanks for welding, torching or anything like that that you'll need to install? Maybe it has just standard stuff like what's the distance to the nearest uh the next home other than I understand yours is within 30 or 40 feet there. How far is the next home to this building approximate? Do we know that? Okay. I didn't know if you had GIS. So, that's just a PowerPoint there.

14:18 – 14:310

Go. So, I guess we can get there. 80 feet or so.

14:37 – 15:160

Good questions. Any anyone else from the board have any questions before we open it up for Is that going to be a lighted sign on the road or just a standard? No lighting. No lighting. Gotcha. Okay.

15:13 – 15:570

Okay. based off of the show. It's got it. It's showing the rightway. It's within the rightway and it would have to be I wondered about that off the state highway there. And then that's okay. So the the ride of way it's currently dimensioned from what looks to be the lane marker the white lane marker. So would it have to be I guess I would assume the right of way comes a bit

15:560

well according to that math that right away is the blue line

16:04 – 16:210

from the blue line. Now we get the state highway accuracy.

16:26 – 16:390

Okay. So at that point it would have to be uh on the inside of the driveway if it were going to be 30 feet. is that I mean

16:500

or he could put it in front of the trees or something over there. Yeah,

16:56 – 18:260

understand the discussion there, I guess. According to signs have to 30. Any other questions? Questions from the public? Okay. Uh if you don't mind, sir, uh Jesse, if you want to have a seat, uh if you'd like to speak, please come up and state your name and then uh you're welcome to welcome to voice any concerns. My name is Jason.

18:20 – 18:350

Okay. My question is there.

18:44 – 19:060

Well, I think I can answer that. So, so uh it's it wouldn't be a variance. It would be a conditional use. But from what this board understands, it has been a hobby to this point and he would like to be able to take this more seriously and take it to the step of of doing it more as a for-profit business than a hobby.

19:03 – 19:300

And I understand that. But the request or the only request is about fine. My question is has the has the uh has there been an invariance already approved for the use of that property because my understanding it is res it is zone residential. Am I correct?

19:26 – 20:280

Yes, sir. It it is well it's it's uh I don't know that it's res A2. Yeah, it's not technically residential but uh so uh yeah, you've asked a couple questions there. Uh there there are a a number of parcels in this in this county that are zoned A2 that do have hobby businesses on them. And uh it's it's a it's a conditional use request that we do see from time to time because the county would not necessarily prefer that we just change the zoning of every one of these to a commercial zoning. So that a conditional use would allow a business like this should it be granted. Does that answer your question? He he's his request maybe need to clarify has two two requests. Uh one of them is for his business to operate out of this building and then secondly to be able to have a sign for the business.

20:25 – 20:490

This only reads about the sign. It doesn't say anything about a request for the business. Okay. Okay. Yeah. Yeah. I the notice the notice only says something about the sign. Maybe that could be. So yes, what he's requesting is a conditional use to have a fabricating and machining business.

20:50 – 21:150

Okay. It's still residential. That can help with the property val the adjacent property owners. That's all that's all I can say. And why does the business There's plenty of places for businesses in business areas. Why does it have to be down there?

21:13 – 21:560

Um, well, I think a lot of folks would contest that there's a lot of places to do that. I I don't know that there are a lot of commercially zoned properties available is the is the first thing I think most people that would look for something like that would say. But it's also the county's goal to allow a person, should they meet certain criteria, to operate a small business out of a building like this. And and often times that is the springboard that would allow a person to at that point be able to afford to purchase a commercial property to should the business grow and and and succeed. It's been residential. Yes, sir.

21:54 – 22:140

You change it into a business, it becomes something else. We're we're not changing the zoning. That is not what this is. We're not changing the zoning to a commercial zoning. We are allowing or being requested to allow a conditional use and for a certain period of time.

22:12 – 22:570

It's for a certain period of time. So, so the property next to her is not going to go from from A2 to commercial. That's not what the request is. It's just for him to operate a business out of that structure. under a conditional use and that's what that's what these conditions that we may apply would would mean. So my question is down the road if if his business is successful, he can't sell the property as a as a business. You're exactly right. That's that's exactly right. Yes, this would be tied to him, not to the parcel. Yeah, good question. I should have clarified that. I apologize.

22:56 – 23:390

Yeah. Yes, sir. And if I could just be clear on the notices that they re that the property joining property proceed. This a conditional the petitioner is requesting a petition a conditional use as provided the keer county zoning ordinance section 935 for fabricating a machining business and get approved for a sign. Okay. The notice do the notice has both. Yes. Okay. Good good questions. Yeah. Come on up. And you know traffic.

23:51 – 24:260

Yeah, the great great questions and I what I'll do is allow him to to answer that. So so great. So, so feel free to, you know, any concerns or questions and then we will allow him to respond to to all the questions. Is that right? Yeah, we we'll allow Yeah, go ahead and ask all your questions and then he can come up and address them all if that's okay. Okay. And I just wor about traffic and you said the sign has to be from the

24:24 – 24:390

from the right of way. So, not necessarily off the edge of the road, but from the ride ofway, which is farther back still. And that that's something we'll kind of continue to to figure out here. I just wonder about that.

24:52 – 25:110

Sure. Yeah. Very good. Thank you. Oh, can can you state your name, ma'am? Oh, sorry. Thank you.

25:08 – 27:020

Okay, Jesse, I'll give you the opportunity to answer some of uh Mrs. Bane's questions here. Yeah. So for the time being this is only like a evenings and weekends doing this full time eventually grows. like to turn into a fulltime job for myself. The next couple years By the way, the sign right now So the sign exists today Oh,

27:23 – 28:080

Can you think of any signs that would be that close to the road in the proximity anywhere? I know there is a Okay. Questions from the board. So at this point, what you

28:05 – 28:170

I think she had one other question. She asked her first question was what was machining? Was that what you said? Fabrication.

28:14 – 28:520

Yeah. You should name. Are there any requirements to the sign size dimensions?

28:50 – 29:570

Yeah, we have a square footage limit, right? 32 or something. Just clarify signt 10. church. I wouldn't say

30:01 – 30:410

I couldn't find it on here, but signing down. This This is further south by um that's 300 South. property is right here. I mean, like would would the you know, I know that this is a state highway technically, so I don't even know if we've got anything to say about that, but would the would the state even allow them to put it inside of their ride ofway to begin with? Is that even a

30:42 – 31:040

Yeah, may may be a issue beyond a county thing if if it's inside of the state's rightway. So we we may not even be allowed to say yes, you can put it in the state's right of way. You know, there there's different square footage requirements depend on the type whe it's an agriculture sign

31:08 – 31:400

other than visibility. I mean setting that sign back, is that going to be really detrimental to what you're trying to do? like, right? Yeah. I guess without me going out there and just actually looking at, you know, what's 10 feet, what's 30 feet, you know, and again, safety concerns for visibility for neighbors

31:37 – 32:180

and yourself and anybody coming out of there. Okay. So that so so let's go on that. So, uh, what he would be asking for tonight regarding the sign that we had talked about earlier is what what would he be what would we be approving or not approving regarding the sign tonight?

32:300

Okay. signs. Yeah.

32:41 – 33:000

Okay. So, the the details surrounding the location of it would be a separate request office through the permitting process. Okay. And then should he want a variance off of that setback, then he would come back here and we would have that discussion. Is that correct? if he would want to put it closer than the 10.

33:060

Okay. Okay. Sure. Sure. Yeah. Sure.

33:29 – 34:120

Does that make sense what she's conveying there? So, so basically what we would be voting on is yes or no whether uh he would have the capability of having assigned for this business. The details surrounding the location of it we would address not. Okay. Uh questions otherwise? Yes. Seems to be more concerned about there is there. You're discussing the sign and I don't think there's been an approval for a business there. Am I correct?

34:10 – 34:490

You're correct. But he he is asking there are two requests being made. So before we would come to a vote to talk about this, I'd like to get the details of both of those requests handled. Okay. Any other questions from the board? Okay. Uh do you have uh a concern generally with these conditional uses and I think I can say generally that we tie a time period to them. Is that correct? Correct.

34:46 – 35:520

That's correct. And the idea of the time period is let's say this flourishes and you do receive semi- deliveries and and a lot of trucks in and out or things like that that the idea of the time period is to protect the neighbors should it become a real nuisance or you you add a you add a device outside a machine outside that that causes noise in the evenings and things like that. generally will tie a time restriction that if you would like to renew this that it gives the neighbors a voice and I'm not saying in this not saying anything with your petition but that's the idea or the structure generally behind that. So, I think it would be my recommendation that we do tie some time period to this and been through a handful of these that they come in, none of the neighbors show up, everything's great, it goes wrong, and you just continue doing what you're doing. Does that understand make make sense to you?

35:48 – 36:320

Okay. Any concern with that or Okay. Okay. So, so my preference would be 36 months, give them give them a few years, and then at that point, I think you'll maybe be able to decide if this is something you want to continue doing there, if it's really going well, if you'd like to move it or something of that nature. Does that sound okay to you? For you guys? Okay. And how that works after 36 months and we'll send a notice to the to him and to the surrounding property owners. And if we don't get any response back from from the neighbors that we don't bring him back in. We It just he signs a paper, he pays off.

36:29 – 37:110

Even better. Okay. So, does that do you do you all understand that as a neighbor that if this is a nuisance, we could discontinue this conditional use. So, so if if things don't go well, this is not an everlasting. That's the one of the ideas of the conditions. There have been no complaints about what's happening there currently. It's not a it's not a problem. Just don't like the idea of expansion and the damn sign. Okay. Understand. Understand. Okay. So, uh

37:11 – 37:510

speak up so that we can get this on the minutes. Okay. So, so uh I think that what we would look for specifically uh is a motion to vote on a conditional use to operate a fabricating and machining business. Does this need to be two separate?

37:48 – 38:220

I think if you can make it as one motion, but have it as the conditions to run the business and to also approve based off of the Ker County sign ordinance to put in basic one or two votes. I would do two votes. The first one fails.

38:19 – 38:590

Okay. All right. So, first I'll look for a motion that we would vote on a variance to I'm sorry, on a conditional use to have a fabricating machining business. Correct. Okay. So, the first we're going to look for a motion to vote on a conditional use subject to the 36 month. Yes. Thank you. Yes. subject to a a 36-month. I make a motion we vote on petition 2026-3 conditional use for the business for 36-month period. I'll second and on your vet.

39:21 – 40:450

It's all just the bottom part. Yes, the bottom part of the bottom conditional use such as Would you like us to do a roll uh and vote and and an audible yes or no and then do the second vote or

40:47 – 41:020

has everyone had a moment? Okay. So, uh I'll start out. Uh, my vote is yes. Jean, mine is yes. Scott, yes. Yes. Yes. Andrew.

41:00 – 42:260

Okay. Your conditional use passes. Now we will take a second vote that uh uh Mr. Fenton would like uh approval on a sign that would meet all of the local as well as state setback requirements, sign size, etc. So, we'll take a vote uh on that now. 26-3 both votes Joseph Yes. Yes. Jamie. Yes. Andrew. Yes.

42:26 – 43:100

Okay. So, uh your conditional use request passes. Uh regarding your sign. Now, you would uh come in and see the folks in the office regarding uh the details surrounding that. So, any questions that you have? Okay. Thank you all for for voicing your concerns. uh understand that this is not a forever forever uh vote. This is not something that that lasts forever. So uh there will be in 36 months you all will get a letter in the mail that you'll be able to uh voice any concerns. Should we get a letter back from you then we would come in and have this conversation again. Limitation on the sign.

43:07 – 43:420

Uh no. So so we're not doing we're not putting limitations on the sign. He's allowed to have one, but it would have to meet all of the sign ordinance requirements, which there are a list of requirements that he would have to adhere to. Should he want a variance from any of those, he would have to ask us for that. Okay, I'll look for a motion to adjurnn. I'm sorry. Sorry, go ahead.

43:39 – 44:220

Goodness gracious. All right. BCA petition 2026-4 Gator County Ordinance Section 945. The property is currently owned by Glenn George Reville Trust and is located at 105 East Harrison Street, St. Paul in Adams Township. So, Mr. George, thank you for being here. Uh, can you make it up to the pulpit? He's got a lot. I can hear you. All right. All right. You probably should go ahead and make

44:19 – 44:580

Oh, yes. And and for the record, uh, Mrs. Livingston is is uh, stepping out for this petition. So, please tell us what you're looking to do, sir. Okay. What I'm looking to do is build this so I can put some antique my antique cars in it. Okay. And outside of that, it's about the only thing though maybe have a little work stop to build around on the inside with, but outside of that, that's all that it is.

44:55 – 45:320

Okay. And there there is there is an existing structure it looks like in the corner of that property. Is that correct? Yes. And that structure is being removed. That that garage is being tore down. So it'll all be new where the garage is now. That'll be tore down and made into an entrance way to Okay. I see. So you'll access this from that from that alley.

45:29 – 46:150

Correct. and the the area between the the residence and the proposed garage. Uh I assume that there's some limiting factor that would prevent moving that closer to the to the residence, the structure. Not not really. There's a a garage that sits right behind where my garage is going to be.

46:14 – 46:580

Why it's not? No. No, it's not closer. You want to know why it's not going to be closer? Yeah. Yeah. So, so I mean the the required setback from the ordinance is 15 ft separation from the property line to the closest to the structure which enables if if there were emergency personnel fixing your roof things like that that you don't have to get on someone else's property to repair your own building. Well, he owns the other part of the property today. Today he does, right? Yep. So, so in general, we like to see some setback just for all of those reasons. So, what I was curious about is why why not adhere to the 15 ft and just move it move it onto the property further?

46:56 – 47:370

He wants to know why you're not moving it closer to the deck so you have more room on the on the end. So, why did you not do that? We don't know why. Okay. That's what the builder said they was going to do. Okay. I see. I see. We I own that property on each side of understand. Yep. And to give us a little bit more room in our yard. Uhhuh. For the grandkids to come play and this and that. Sure. Put that over there.

47:35 – 48:180

I I understand. Okay. That's what I was asking is do do you understand that what you're what you're asking for is to is a variance from our standard setback of 15 ft. So so so new buildings today uh if they meet that setback they don't have to come before the board and ask for a variation from that rule. So, so I was just curious, but it sounds like primarily the builder just said, "We'll just move it right where this current one is and build it along the line like it is." Correct. Okay. How far from the existing structure will it from the house from the deck will it be?

48:19 – 49:040

Well, from the house I live in, right? Yeah. You want to know how far from the deck to the crotch will be? I don't know. Probably probably 10 15 ft. Okay. So, that that may be the reason that it's not adhering to the 15t setback is because you're going to encroach on the deck. Is that a a fair assessment of that? Yes. Okay. It's not a real big garage.

49:01 – 49:150

You got the size of it there? I don't have the size of the garage. I don't think I've got a a rough drawing overhead. I don't think we have the dimensions of the garage at least.

49:180

It is a 24x 40 by 14. 24 by 40 by 14. 40 deep.

49:36 – 49:520

It's a tall building. Yes. Here's so that I can put storage up there.

49:50 – 50:500

Mhm. Is there any room? So, so currently your your your request is is exactly on the property line and generally I think that this board's approach in the past has been when we variate from that that there's generally a pretty good solid reason uh especially for a request that I don't know that I've been on this board in a situation where someone has asked to build on the property line that's that's quite unique especially if this is a structure 14 ft tall.

50:47 – 51:190

Well, this won't be on this right on the line. Okay. Cuz there's already a we put a new fence. Okay. Up there. So, it won't be there'll be between that and the fence that you can mow between that. So, potentially this request maybe would be more like three feet from the line or something. Is that okay? Well, that changes that somewhat. helps.

51:22 – 51:580

Yeah. Is the fence truly on the line? Do you know? Do you know for sure where the property line is? Yes, that's where they put the fence up. Okay. It's And you feel pretty confident that that it truly is located on the on the property line? Yes. But if they don't we right next you're no spring chicken that might not be forever

51:59 – 52:320

that that's why we have these conversations you know if if a person were to be able to own multiple parcels to eternity we wouldn't have these kind of concerns you know but at some point you may want to sell the the the property next to it And then if that person isn't easy to get along with, it could be challenging to fix your roof, you know. Yeah. Well, I tell you, in over 50 years, I put a lot of people down, but I see there's

52:33 – 53:010

Fair enough. All right. Uh, additional questions from the board. Just to clarify, I'm looking at this on there's a goo Google Street view of this. You got the the current garage that's there. There's an old which I'm assuming you said a fence has been replaced recently. There's a new fence. Yes.

52:58 – 53:240

Um, what I'm showing is that that um an old wooden privacy fence that got torn out. Okay. Okay. So, that fence is in is in the same spot as the old fence was. And and are you you're planning to move because the garage that's there currently or the Yeah. the current garage looks like it's there's not a whole lot of room between it and the fence. The old garage that is there is closer to the fence than the new one.

53:22 – 54:020

Okay. Yep. That's what I was getting to. Okay. Thank you. I don't have anything else. Would would you be okay with your variance request being based on the existing structure that is closer than the new structure would be demolished and that the new structure would be 3 feet from the property line? It'll be two or three. Yes,

54:030

that would just bring it just a little bit more up to

54:08 – 54:560

it sets a precedence for the county to approve a zero foot setback. Uh uh it makes it challenging to have have some continuity from one request to the next. So, so, uh, we need to be careful how often we do that because should the next person not own the property next to it, should there be a on the next property a structure closer, then all of a sudden no one can get a emergency personnel through or something of that nature. There are a lot of reasons that we generally don't approve very narrow setbacks. So, I don't think you have to worry about that right now because I was selling that property uh to my grandson, right? That's where the fence is, where the funeral home is.

54:550

Sure. And he's he's taking over the funeral home business. Okay.

54:59 – 55:470

So, yeah. Okay. Questions before we look for motion? Okay. So I would like to amend this variance request to the condition that the existing garage will be demolished. The new structure would be 3 ft from that property line. And I would look for a motion that we vote on petition 2026-4 with those amendments.

55:44 – 56:080

I'll make a motion that we vote on uh petition 2026-4 um uh with the modification of the setback from 15t to 3 feet and the existing garage um being demolished. Did I get everything?

56:03 – 57:100

A second. second. Yes. The vote for petition 2026-4 is Joseph. Yes. Yes. Yes. Yes. And then on the

57:14 – 57:550

motion was existing garage be demolished and the setback is modified to 3 ft from the property line. Mr. George, your your uh variance passes. So uh thanks for coming in and and uh talking to us about it. Please just stay in touch with the folks in the office regarding your actual building permit. Uh they'll they'll guide you through the next steps. fraud but from

57:56 – 58:230

okay but I'm not positive so he has he has to review those I'll talk to and then once he reviews once in the plans then they'll notify you get a no vote then that's correct no vote right absent out to the side of that or I'm staying there.

58:27 – 58:480

Okay. Last item on the agenda this time. Uh look for a motion. We adjourn. Make a motion to adjurnn. Second. Second. We're adjourned. Thank you. Goodness. Couple of

1:01:30 – 1:02:150

Area Plan Commission to order to comply with title six of the Civil Rights Act of 1964, Decar County request that participants in this meeting complete a voluntary anonymous survey that is available on the table in the back of the room. First item on the agenda is the approval of the March 4th minutes. Everyone should have received those. Any additions or corrections? Seem pretty thorough. Look for a motion to accept. I make a motion to accept the March uh 2026 minutes. I'll second that motion. All those in favor say I. I.

1:02:12 – 1:03:450

All oppose? Nate. Our first and only petition on the agenda is the APC petition 2026-5 Wayne and Cheney Spear requesting to subdivide 2.99 acres out of 3.827 827 acres and re and reszone from an R4 zoning classification to an A2 zoning classification to build a single family detached dwelling. This request falls under Decar County Ordinance section number 915 and 920 sub77. Property is owned by the petitioners and is located just west of 6776 East County Road 650 North in Fugat Township. Wayne, you want to get up and tell us about your project? So, is that driveway a shared drive to go to those other parcels then or?

1:03:45 – 1:04:120

Okay. Okay. The the property to your east, I believe, is that then landlocked or

1:04:09 – 1:05:370

not. Okay. Okay. So, so that continues probably out of view to the road, I'm guessing, Yes. This is just because it's own parcel it would be un understand but on the view I have that doesn't go all the way to the county road. So I I I follow now everything else is in order in your packet board have any questions or concerns hearing? None. Does any of the public have any questions or concerns? Nothing there. I'll look for a motion.

1:05:310

Make a motion to accept APC 2026-5.

1:05:37 – 1:06:540

I second. Those four petitions. RS follow your motion or your petition passes. This will go then in front of the commissioners for the final approval and then you'll be ready to get started. Just keep in touch with Doug in the office as you go through the process.

1:07:020

You tell your surveyor.

1:07:07 – 1:08:060

Thank you. Okay, that ends the petition portion. Now we will move into our show cause hearing for the Decatur County Revitalization Project. Um, as our standard disclaimer, this is a hearing basically to grant either an extension or to send this on to be in front of a judge. All of these are created by complaints. because it's not something that the board or Doug goes out and searches out. There's been a formal complaint filed with the office to initiate these. Our first show cause hearing is R2026-4 Casey. If we have Casey here like to present his case

1:08:01 – 1:08:340

just so I can quick that were taken today. Um, some of the pictures that were provided to you in the packet are actually the house in front of it, which was not the parcel that notice was given on it. He he owns that property, but wasn't part of this. Those pictures are part of the complaint. Okay.

1:08:32 – 1:09:200

Just a summary. um received the claim back May of 2024. Um letter sent out February 2025 Oliver and his mom came into the office to discuss the letter that was in February 2025. Um and then recently once we got February second What was there at that at the meeting that you had? Was there what was it? How did that go? Nowhere obviously not nowhere. But

1:09:17 – 1:09:370

that property we asked for clean up and then the property tells was burnt down. So we had asked that the just for safety reasons to put flooring top of that basement.

1:09:440

So, there were some agreements for performance uh during that meeting that that weren't follow through. Correct. Got it.

1:09:580

Since we have no one here to represent Oh, we do. Come on up.

1:10:11 – 1:12:100

So, what's your plans for the property? And that's the property that sits behind the house. other property. It's actually Is this something that you think you can clean up in the next 30 days or we grant

1:12:08 – 1:12:500

you an extension or Yeah. I mean, that's really all we can do at this point. So, we would we would vote to possibly grant you an extension and that would be what's a fair time. What What's a fair time? Help me out with that, Doug. I mean, we're running. So, yeah, it's not like weather's an issue too much right now. Right. So, uh, you know, so that's our our purpose of the board is to possibly grant you an extension without sending you to court, but you have to get it done whatever the expectations are. Are they clear?

1:12:48 – 1:13:320

I'm asking you, Doug, are the expectations of based on the notice the debris needs to be conducted. Now, technically the the notice was for debris only. So, okay. So, the debris in that rotten deck, I would consider that a rotten dock. Is that along the shoreline? Yeah. I would say the debris in that the four joist on that rotten dock would need to be cleaned up. That's a pretty burned out house, right? That's a burned out house, isn't it? Yeah. Yeah, I know. I was I was looking at this. You're looking at the That's still the top of that. That's Oh, okay. I got you. That's a brick basement.

1:13:32 – 1:14:110

I got you. Can I ask you what your goal is with the the structure that burned? Uh, is it your hope to to salvage any of that or at this point? I assume it's probably pretty well gone from a Yeah, it was pretty gone from the beginning. go down.

1:14:16 – 1:14:510

Yeah, I I mean I I would assume that this this is just my recommendation. I I I don't think it would be advisable to you to to install a flooring on those joists. I think that may lead to further safety concerns. Um I I I imagine if this the floor joists are removed, I think a lot of the safety concern would probably go away. Is that a Is that a fair assessment of of I mean, no matter where you're at, Yeah. Yeah.

1:14:49 – 1:15:170

the the the vacant walls in a chimney then become they're they're they're a part of the debris. It's debris left from a fire. The whole thing is from the fire. Yeah. But I mean, if the foundation's still intact, foundation. Yeah. I I don't have foundation but that because they could be built on it's still a good foundation and I haven't looked at it.

1:15:16 – 1:16:230

I think the debris and getting rid of those floor joist would go a long way. I mean, just my You should know what property. This is a serious process multiple times. Notice whatever.

1:16:30 – 1:16:500

So, so inside this basement basement walls, I assume there's interior walls and I see windows and doors. Are there are those in there? Are there walls inside that building that space? So the way it was built there was there is one wall

1:16:54 – 1:17:240

that because if we specify take out the floor joist and there's stuff inside there that's part of that's a part of the cleanup. Yeah. Anything that's not foundation would have to go. Yeah. Anything that's not masonry. We got we got windows there and things like that that should should be a part of the debris cleanup.

1:17:25 – 1:18:190

Okay. What's think that that's do you feel that a month's time is adequate to to get that cleaned up? If you do, then you won't have any you won't have to worry about it going to court and then them sending somebody to clean it up. Because what she was saying is they're going to send somebody to clean it up. Whatever that expense will be will then go on your tax bill. And if you can't pay that, then you will you'll have a tax lean sale on your property. So, it's it it's really serious. I think you We want to make that very clear to you so you know where you stand and you really got to do a great job with the cleanup so that it doesn't seat on the court.

1:18:24 – 1:18:590

I make a motion to vote on giving him 30 days. Second. All those in favor say I. I oppose. Nay. Okay. case you have 30 days and if nothing happens to their satisfaction in that time frame it'll go to court. Thank you. Um second hearing is R2026-5 Lawrence Burkamire Mr. Burk.

1:19:01 – 1:19:500

Okay was a simple got a lot of complaints in dishes. So, whoever the tenant was trash was blowing all over the neighborhood. I'd ask the neighbors with final hearing R2026-6. David Israel and Justin Israel. David, if you want to come on up. phone.

1:21:14 – 1:21:560

Welcome. Well, technically the alleys aren't They're not the issue. They're not our We're not talking and they're not ours to deal with. That would be a commissioner issue to try to vacate the alleys.

1:21:53 – 1:22:080

And I don't think that the closing the alleys is going to satisfy the debris conversation. Any other

1:22:330

What's that this year

1:22:48 – 1:23:310

thoughts from the board. David, what kind of time frame would you like to see? Has anything been done since the initial letter was sent out? Since the initial letter was sent out February 12th.

1:23:27 – 1:23:580

Since February 16th or 12th? Yes. No, I just mean have you have you worked on any of the cleanup since the first letter?

1:23:55 – 1:24:360

Yes. Good enough. trying to get these the vehicles is our issue.

1:24:34 – 1:25:160

Well, if they're unlicensed, if you go down to the if you go down to the highlighted section, signed it. There we go. And that includes unlicensed. So, how many of these vehicles are unlicensed and not insured for the road? The the vehicles that's on my property has got they don't have they don't have plates on them. Now, there's four there's five of my vehicles on there and then there's another four, but part of them belong to somebody else.

1:25:14 – 1:25:430

So, could they come get them? The ones that have um I'm just trying to find a way to achieve I mean these vehicles could probably be fixed up and move pretty quickly. They are fixable to be honest except for like three of them. And yeah, but they've been sitting there too long and the 10-wheeler is going to be the first one to go.

1:25:40 – 1:26:210

I'm I'm not sure what we should suggest. I mean, I'm struggling. is the so so I don't know exactly where the line's at from a from a commercial thing if if that changes the allowance at all. I mean, c certainly understand uh some of them not being runnable, but but generally if it's truly a repair, you know, they're they're coming in for repair because they're not runnable within a couple of months, they should be, you know, either moved along, repaired, something like that. So, I think that's probably where the concern comes from is not that they're just unusable vehicles today, but but those vehicles, I'm guessing, have been there for some time. Correct.

1:26:18 – 1:27:020

Yeah. The the one thing that I was asked from from my dad before he passed away that I didn't let it go get away too quick. Dad's only been going for like three years. He said he'd like to see me keep it just for two more years or something like that. Keep business or the No, to to get rid of this uh diamond tee. It's a 10wheeler. It's a 10wheeler. Okay. And there's a guy the guy that cleaned up my shop, the stuff behind my shop, that's gone.

1:26:58 – 1:27:430

And um but the 10-wheeler will be gone. Okay. So, well, that's only one unit. I think the 10 wheeler we're talking about, right? Is only one unit. One one vehicle, one 10-wheeler. Yes. Okay. So, I mean, if you had one vehicle sitting out there, I don't think you would be standing in front of our board. So, you're focused on the 10-wheeler. We're talking about the other eight to 10 vehicles total are there. Do you know? Um, the antique trucks that we do have I do have. I'm not even seeing any of those in the picture, so I'm struggling.

1:27:39 – 1:28:230

It's a 61 and a half econoline. Everybody wants them to give it to them. Want to keep somebody. Yeah. If anybody's ever had antiques and you want to keep something, you you kind of like to have it back. kind of like Paul, I think the biggest thing is sometimes the organization and overall cleanup and appearance goes a long way. you know, a couple of vehicles that are kind of properly parked and

1:28:20 – 1:28:380

and they wouldn't be, you know, if if I get to keep them, I guess, but I'll get rid I'm not going to get rid of it. I'll put it somewhere, but I'll have to put a building behind it to keep it, I'm sure.

1:28:36 – 1:29:190

Yeah. I mean, I don't want to send the message that that that we're chasing these situations down. I mean, you don't have to drive real far to find folks that have kept a vehicle back for some reason, but I think that the volume of them is the concern that that initiates these requests that come into the office, you know, from other property owners in the area, wherever it comes from. I don't know. But, uh, I think that the the volume of the vehicle, so, you know, if there's a a vehicle that you have sentimental value, I I don't think that this board is here to try and try and force something like that. But the idea that there may be 12 vehicles becomes becomes could be you know

1:29:17 – 1:29:460

could get to be bigger and I going to do that to you. So, but the tin wheeler will be gone. May not to be tomorrow, but when when I get the guys I help farm during a farm season, you know, like well, if it's not if it's not raining and I can get get this diamond tea out, stuff like that, I'll work with you.

1:29:44 – 1:30:290

Yeah. Yeah. I I mean, I certainly understand being busy in the season. I I there with you. we're in the same business, but on that same token, a good Sunday and a lot of stuff can happen, you know. So, I I think that my opinion is I'm okay with grant gr granting an extension to make this happen, but let's not wait until the last day of that and then say, well, I've just been busy, you know. Uh I I think that some continued progress through that time would probably speak a lot, you know. So, okay. Um, I'll I'll leave that up to the board on, you know, whether we do that, but but uh I would encourage it to to just keep keep progress going and if there's some progress, probably wouldn't be here to begin with, you know,

1:30:27 – 1:31:040

and just to understand this is the only chance to get the extension. Yeah. So, if it's not done at the end of the extension, then it goes to I understand. So, what do you think timewise? Because essentially we need to set the timeline and we need to set the expectation for what would be acceptable for Doug. Clear. Yeah. Well, this isn't just cars that right. It's not just cars.

1:31:02 – 1:31:380

Yeah. I mean, it's that's what I'm saying. The cars are one thing, but the clutter and junk and things that just need to go in a dumpster are another. And that would go a long way to remedying the situation. And you can do it a lot cheaper than whoever the county ends up hiring if it goes that far. Oh, I know. So, you you know, we're trying to our board really wants to give you a shot at this, but you're not going to get to see us again. you're going to get to see the judge.

1:31:35 – 1:32:140

And so we're just trying to be real clear on that it's not just a 10-wheeler or just two just two vehicles. It's 10 vehicles and it's a lot of clutter. If you got the clutter and you organize the vehicles, they may let you go. But the clutter, there's a lot of that around. It looks from what I can see. Yeah. Is that a What's that old barn? Is that an old woodshed back there? That's looks like it's starting to fall in. So, is that does that have stuff in it?

1:32:18 – 1:32:450

Cuz I mean that would you know I think that's a portion too that needs to be straightened up or tore down. Well, number one, it's probably a safety hazard the way it looks there. if you go out drive out 200 Bill Winning just lost the barn out there. So we just you know the other concern is safety too for you and whoever you might invite in there.

1:32:42 – 1:33:200

So I I I don't know what to say. I just want to be real clear with you to know how serious this is and if it goes to the judge how serious and expensive that's going to be on your tax bill and for a little cleanup. You know, we can always do our own work cheaper than we can pay somebody else to do it. So, we just want to be really clear. If we give you 30 days, whether you're, like Paul said earlier, you can't tell the judge you've been busy because you've had since whenever the first date of the letter was to make an attempt. The first complaint was in 2024.

1:33:18 – 1:33:500

So, you were probably notified sometime in 24 about this. So you've had a almost a couple years depending upon what month it was in 24 and these pictures we're seeing are recent. So um it does if you have cleaned it up boy you got you got a long ways to go. Mhm. What do you think's reasonable from here on out to get most of

1:33:48 – 1:34:470

What do you think is reasonable from here on out to get most of it cleaned up? Do you have a time in mind? Well, if if the board would approve an extension, basically uh you would have until that period before it would be filed with the with the court. Is that correct, Missy?

1:34:42 – 1:35:230

And how quickly would the case be heard? But at that point, honestly, it doesn't matter once it's to the court level. It doesn't matter if if in 30 days we grant you 30 days and it's not where it's supposed to be. That's when the courts makes his decision. It's not like you get another 30 days and you come before the judge and say, "Well, in the last 30 I have cleaned it up." And if I follow you right,

1:35:21 – 1:35:460

the contract work would have to be paid for in 26. So there's a lot of steps even after that if we're going to use those funds to pay the contractor, they would have to have that work done and then we pay them. Is that correct? So if if we're if our end goal is to do this properly from a funding standpoint, we can't this can't happen in purp.

1:35:50 – 1:36:300

Yeah. I think we need to just figure out our days. Do we want it to be 30 days? I mean, like you said, in a in a good Sunday, if you get a handful of people together, you could really make a dent in it if you were able to get a dumpster out there and somebody with a skid loader. I think that's kind of where Yeah. If if you felt like another couple weeks, you know, month and a half would would give that to you, David, I I mean, I'm I I think I would

1:36:26 – 1:36:550

I would be in favor of of of uh voting that way. But I'll be honest, I'm I'm just concerned that uh but I'm just concerned that I don't know that I don't know that that 30 days beyond a month. You know, if it's two months versus one month, I you know, I think if you're motivating, you're gonna make it happen, you're gonna make it happen is my my thought, I guess. But I'm not telling you have to. I'm just saying just trying to just try and prevent you from being in jam up in the court, you know.

1:36:53 – 1:38:510

Well, and have a enormous tax bill that causes you to have to sell your property because that's what what will happen, you know. So, I mean, you could probably do it cheaper hiring somebody to do it on your own than after you go through the court system and they pay somebody and all those fees go on your tax bill, you're still going to end up paying it if you don't clean it up or they're going to take your property and sell it to cover that cost. You see what I'm saying? So this this is and and we but I I I mean I I I just told Clay I mean we do not want that to happen to you but you have got to do it. You're at your you know you've kind of got first strike, second strike, you know third strike here. This is it. You have got to make that place more presentable. I just want you to understand how much of a grave concern this is and what that impact will be if the county hires somebody because the county don't care what the guy charges. I'm sure they're not government. I don't believe government always looks out for your best interest. So, I'm trying to defend you and help you get to where you need to be so you don't have a bill that maybe possibly you can or cannot afford. But it needs to be very very presentable at cars got to be if they're not licensed, they got to be gone uh or in a building. Um and all the debris and stuff that's not grass and sticks have to be out of all the yards and stuff. Yeah,

1:38:500

but I wouldn't worry about the alley. I'd get everything else first.

1:39:00 – 1:39:230

Well, you can you can actually file a complaint on your neighbors, too. Yeah. get if it if if their if their debris is causing you disruption and and and pain, that's what this is all about. I wouldn't worry about that right now. The trees can stay.

1:39:26 – 1:39:460

You have the right to take those trees down if they're on your property. Don't worry about that. But but I you know you so you do you think that 30 days would be enough for you to get that cleaned up? How much time? Uh

1:39:53 – 1:40:320

what do you think guys? We need to make a decision. We need that time frame set. Yeah. I mean, I think we've been very clear. And I'm like, Paul, I mean, I know everybody's busy, but one good day is going to go a long ways. Or even if you hire, you know, you mentioned you had somebody that cleaned another portion of it up. Okay. Let them take it all. until we got three weeks gave the last 30 days gave last month we gave 60 days of the web

1:40:31 – 1:41:130

yeah I'm like I wouldn't wouldn't worry too much about the alleys I mean the the case that you're going to have to make is that is that what's on your parcel you know so I' I'd focus on that and uh the stuff that just hasn't moved for years is what has to move you you know, and I I understand you're working on something, you know, and and if you're actively working on something, that's that's okay. But but boy, you just it can't be the same vehicles for for decades, you know, looking at 30 days. 30 days. That's what we've done. We did the last guy and last month we did 60 because of the weather. Yeah. Where we done 30 last month.

1:41:09 – 1:41:490

Yeah. Yeah. 30 days. Okay. Make a motion to vote on APC. It's not R2026-6 to grant a 30-day extension for your cleanup, Mr. Israel. All those in I need a second. I make a second. All those in favor signify by saying I oppose. Nay. Okay, you've got 30 days. Thanks for coming in, Mr. Israel. Thanks, David.

1:41:46 – 1:42:110

That was our final show cause hearing. Anyone else have anything? Hearing nothing. I'll look for a motion to adjurnn. Make a motion to adjurnn. Second. Second. All those in favor say I. Not sure.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.