Board of Zoning Appeals - Regular Meeting

Good evening and welcome to uh the Delaware Muny Metropolitan Plan Commission regular meeting. If you are able, please rise and join us for the pledge. I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Thank you. And roll call, please. Mr. Borchers. Mr. Brand

here. Mr. Carol here. Mr. Curley, Mr. Dishman, Miss Hensley here, Mr. Ivy, Mr. Lache here, Mr. Landis here, Mr. Leachch, Miss Cypr. Smith here. So we have eight eight voting members present. So we do have a quorum.

Okay. Um before I entertain a motion for approval of last month's minutes, we do have one clarification we need to make about the September minutes at the October meeting. Yeah. So, at our October meeting, we voted on the September minutes. We had four yeses and two that abstained and I announced that that was approved. So, those should not have been approved because we need five votes. So, we are just going to post the minutes um without approval. They will just be posted um per directions from Mr. Murphy.

Okay. So then at this point I would entertain a motion for approval of October's meeting minutes.

No move. I'll secondly remaining minutes to reflect the change we just made. So, so in those we did announce that the voting um and we did announce who voted in favor and who abstained. So, it doesn't say approval and then we Okay.

left it. Fair enough. Okay. So, we had we had a motion in a in a second. Questions about October's minutes? Okay. Roll call, please. Mr. Brand, yes. Mr. Carol, I'll abstain. I wasn't here. Mr. Dishman, yes. Miss Hensley, yes. Mr. Lache, yes. Mr. Landis, abstain. Miss Cyp, yes. Mr. Smith,

yes. Okay. So that is six yeses to abstain. So that is official action of approval of the October 2025 minutes.

Okay. So before we hear our first case, just a couple of reminders. Maybe some of you are here for the first time. Um just if you would please remember to silence your cell phones. Uh when your case is read, we'll have one person come to the podium. Please state your name and address. Um after the applicant has had an opportunity to speak, we will allow time for those who are in support of that application and to speak and time for those who are opposed to it to speak as well. Um it takes five votes. We have that many people here. Um we either move the application forward with a favorable or an unfavorable recommendation to the appropriate uh to the appropriate body. Um, so having said that, I think um we're ready for our first case.

MPC17-25Z jurisdiction county commissioners being a consideration of an appeal filed by the estate of Donna M. Waist 90001 South County Road 700 West Daleville, Indiana and adjacent parcel requesting a change in zone from the split zone of F farming zone and BV variety business zone to the variet to the BV variety business zone on premises located at 9001 South County Road 700 West Daleville, Indiana as more accurately described in the application.

Good evening. My name is Kathy Van Ice and I'm from Ashton Land Surveyor at 325 West Washington Street here in Muny, Indiana. Uh, as the application does say, it is a split zone parcel and our goal is to go to the variety business or business variety zone. There has been a um over the years a business on this on this premises. They've used this property since the 1970s. of the original several of the buildings. The house was built in 1970 and then some of the buildings were built as early as 1972. They've used this parcel for a car auction. They've sold gravel. They've sold implements and tractor parts over the years. And um the buildings are designed for businesses. They're they're set up the the they look like barns, but they are more like a business. And um we're trying to correct not really correct change the zoning map so that it is one solid zone instead of just partial. If you don't have any questions for me on that.

Do you know if the owner what I know you said they intend to sell. Do you have any idea what they're what they're sell who they're selling it to? Yeah. Um, it is on the market. It has not We do not have a contract with the current prospective buyer, right? Anybody else have questions for this particular applicant? Do you know how many letters had to go out to neighbors within 300 ft? And did anybody respond?

Well, I have the list. Let me see. I do know it was several. No, I don't I didn't carry the full thing with me. We um always ask the get the list, excuse me, from area planning and then we send it to or we bring it in with the labels. and stamps. Okay. So, I don't have it with me. I'm sorry. So, there were 17 properties that the letters of notification were sent to. Any responses?

Our office did not receive any. Thank you.

Anybody else? I do know that this does help with the uh marketability of the property with it not being split zoned.

Thank you. Is there anyone else here to speak in support of this applicant? Anyone here to speak in opposition to this application? Okay. Then, um, Kylen, anything else?

Um, no, just that our office um did kind of suggest the reszoning to one or the other to kind of clear up that split zoning issue. Okay. If there's no further questions, I would entertain a motion on this application. Like to make a favorable recommendation. I'll second that.

Okay. Roll call, please. Mr. Brand. Yes, Mr. Carol. Yes, Mr. Dishman. Yes, Miss Hensley. Yes, Mr. Lache. Yes, Mr. Landis. Yes, Miss Cyp. Yes, Mr. Smith. Yes.

Okay. So, we have eight yeses. So, that is official action of approval or that is a favorable recommendation um for MPC 17-25Z. Um, so that recommendation will be forwarded to the county commissioners. They will hear this case at their November 17th meeting, 9:00 a.m. in this room. So, someone will need to be there to represent the case at that meeting. Okay, ready for the next case? MPC18-25Z jurisdiction county commissioners being a consideration of an appeal filed by Anne Fruit, Renee Warner Vanfleet, and Cynthia Parker, 2688 Brier Cliff Drive, Newberg, Indiana 473 47630. requesting a change in zone from the R2 residence zone to the BV variety business zone on premises located at 4917 North Wheeling Avenue, Muny, Indiana, as more accurately described in the application.

Go ahead, sir.

Yeah. Good evening, President Smith, members of the plan commission staff. My name is Nick Tokar of Tokar Law, 400 West Jackson Street, Muny, Indiana. I'm here on behalf of the applicant. Um, we've got members of the family of the seller and of the developer here. We're talking about a parcel of property located at 4917 North Wheeling. So, this will be the northwest corner of Wheeling and Rigan. If you can picture that parcel in your head, to the uh east you've got commercial use, to the south you have commercial use. To the north you have commercial use property actually to the north that was recently uh reszoned uh through through this plan commission. Um the request is to move the parcel from R the R2 zone to the BB zone. Um we believe that the request uh meets all the conditions that you need to consider, right? It it's consistent with the current character and conditions of the property. It constitutes the most desirable use of the land given its access, its road frontage, and the surrounding areas. Um it it will conserve property values and we think it'll aid in the responsible development and growth. Happy to answer any questions. I can refer you uh to the folks with me here tonight too if they've got questions that they're better suited to answer. Um Mr. Mr. Tokar, do you do you happen to know how long this this current um lot has been under the current ownership and how how long it's been basically what it is under these under the current owner?

Yeah. Uh back to Mr. Van Fleet's uh great-grandfather and it's been in its current condition for as long as Yeah. decades, sir.

Yeah. Yeah. Other questions for Mr. Tokar. Okay. Thank you. Thank you. Is there anybody else here to speak in support of this application? Anyone here to speak in opposition to this application? Okay. I know that. Well, go ahead, Kylen. I know you had received some office maybe received some emails.

Yes. So, we did receive a couple emails that we passed out to the board members tonight that were not already in your packets. Um so, for the record, we did receive an email um of support from see Christy Keley. We received an email with a couple of concerns from Kelly Macauen Williams. And then we also passed out an email to you this evening from um Mr. Tokar with some pictures attached to that as well. We did just get these emails just here a little bit ago. So, I'll just give give the the members just a couple minutes to review those if you guys don't mind.

Mr. Tokar, I do I do have one question. you could go back up and I I don't know that you could you can answer this, but um I do I know where that area is and I do know that there are um there is a gas station on one corner. There's a gas station just down the road. I'm assuming that the the developer has has done their appropriate whatever they do feasibility studies or whatever to think that that that area can support another gas station. Can you speak to that or do you know what what Sure. I'll speak briefly and I'll ask Mr. Stevenson to come out if he has anything to to add to it. But the answer is yes. They feel that site can really work. They will they will sell gas, but um I think the renderings show that that you maybe just received a moment ago that it's really much more than selling gas. Like it is going to be fresh food market and serve a niche that we think's distinct and unique and we'll will do just fine there.

Okay. Appreciate that.

Anybody else have any other questions? I have a question.

Okay. So, um, it's in reference to the multiple other gas stations in the direct vicinity of that. So, correct me if I'm wrong, but our position as as this committee is to appine on favorable or not favorable on the reszoning whether or not they sell it to a gas station or they sell it to any other developer. If all three corners are in the zoning of um BV uh limited business zone or major trading zone, that's really what we're here to uh issue a favorable or non-favorable on. Whether or not a gas station goes on there is beyond this committee. Correct.

That's generally correct. Okay. The plans are relevant to your consideration, but ultimately your decision is whether or not to reset. Right. So I guess my question is um is the developer here or Yes. Okay. My question is are are there other regulatory requirements that have to be met to put another gas station in proximity to other gas stations or do you have to meet with the EPA or is there any kind of Okay. Okay. All right. Thank you, Mr. President. Yes, I can ask a question. Yep. Um, now you're you're saying it's it's going to be a another filling station type thing.

It Yes, it'll be it'll be a convenience store, a market. There will be gas sold there. Correct. Okay. I was just wondering because you have a child daycare center across the street there and I didn't want a liquor store or anything like that put Right. Understood. Yeah. Okay. Y Thank you. Any other questions for Mr. Tokar? That's a a good question that Jerry just brought up. Are you going to apply for a alcohol license to sell beer and everything there?

If it's okay with you, I'm going to have the Mr. Stevenson from the developer come up and speak to that. Good evening. Um, just a one quick question back. If you could please just state your name and your address. Jane Stevenson. Thank you.

Sorry about that. Um, regarding the the daycare down the street, Janelle I know well I've met with her and met with her specific and asked her for some input for that site because part of the market side that we're going to do will cater to those families that go in and out of her facility often. So we will have the market with fresh foods. um sandwiches, the acai bowls, things like that. That's that's the direction we're going with the whole market side of that building. One side's convenience store 101, the other side's is is a market store, kind of a coffee shop. It'll have a coffee island bar. So, just something different, a little clean, just a little more relaxed feel. Um and then the what was the other question about if you're going to sell beers?

Oh, I have to be honest with you. Um, I when I designed this store, I didn't want to do beer, tobacco, nothing. Um, but everybody that I'm talking to tells me I'm stupid. So, um, beer and wine possibly could be in that store, but that may be it. If it is, it's very limited selection because what I do have, I've worked with an Italian company that's going to provide, um, shakurerie boards. So, there are various sizes and they'll be paired with that possibly in a walk-in cooler that's in the back. So, it's not it won't be out displayed in the front of the store. It's actually a cooler that's behind um it's all glass cooler, but it's behind where the drinks typically are on a convenience store. So, that cooler refrigerates all the refreshments plus the like the beer, wine, and then um the meats and cheeses. So, that's not that's not a definite yet on that store, but again, it's in the air. So, but the market side again, just the market side that plays to more of what typically people want to pick up for your breakfast. We'll have breakfast sandwiches, we'll do the lunches. Um, so in the evening, we'll do the same thing for evening pick up and go, take it home. So, but yeah. So, yeah, we possibly will. Okay. Anybody else?

I have another question. Yes, sir. Uh, do you have other others of these stores in other locations already or is this a new idea or It's a new venture. Okay. Yeah. Put this together for about the last 12 months.

Thank you. Okay. Okay. Thank you. Thank you. All right. At this point then, um, think I would entertain a motion. Mr. President, I'd like to make a favorable recommendation. Second.

Okay. Roll call, please. Mr. Carol. Yes. Mr. Dishman. Yes. Miss Hensley. Yes. Mr. Lache. Yes. Mr. Landis. Yes. Miss Cyp Mr. Brand. Yes. Mr. Smith. Yes.

Okay. So that is eight yeses. So that is a official action of a favorable recommendation for MPC18-25Z. So that recommendation will be forwarded to the county commissioners. They will hear this case at their meeting on November 17th, 9:00 a.m. in this room. Um, so you will need to be there to represent this case at that meeting as well. Thank you. Okay, looks like um legislative action.

Okay, so our legislative action list um we had some cases that went to city council. Um MPC14-25Z was Benjamin and Belinda Hughes. This was a request for a change in the zone from the R4 to the BC community business zone on premises located at 1600 North Wheeling Avenue. That was adopted and approved by city council on October 8th. Also on October 8th, MPC15-25Z CRU Properties LLC. They were requesting a change in zone from the R5 residence zone to the CB central business zone at 718 North Walnut Street. That was adopted and approved by city council. Um county commissioners heard MPC04-25A. Um this was the Delaware County comprehensive zoning ordinance amendment regarding solar facility requirements and commercial battery battery energy storage systems. that was approved and adopted by the commissioners on October 7th.

Okay. Uh director's report.

Okay. So, I passed out um the usual report with our numbers here. Um we have permits um filed for this is through the end of October. We've had 250 building permits, 216 electrical, 77 HVAC, 71 plumbing, 57 certificates of occupancy, 41 demo permits for a total of 712 permits. Um, total fees collected for those permits, 133,77859. Um, just a note there in September, we did have another commercial development apply for permits. That was the Dollar General on State Road 67. Um, inspections completed through the end of October. We umif or 524 building, 354 electrical, 186 plumbing, 143 HVAC, 157 complaints investigated for a total number of inspections of 1,364. Um our MO they have um updated the public transit human services transportation coordination plan. Um this is a every three-year document. This is needed in order for our local transit system which is MITS to receive um federal funds and apply for federal funding. So that did involve all of the um private, public um and other agencies that provide the transit and transportation services. Um and it did include public input as well. Um Kitselman Trail phase 3 project is one of the projects that our MO supports. Um so I did include an update on the Kitselman Trail phase 3 project. Um there's a little article that was in the Cardinal Greenway um newsletter

written by Kyle Johnson. So that kind of explains the progress that's been made at that site. Um that is the trail head and bridge out there um off of Jackson Street. Um MO had their annual conference in October. Um we were able to send one staff member to that this year. Um Liz Wilcox got to attend that conference. Um and then our SS4A grant update is that we have completed our third committee meeting. We held that last night. We got some very interesting valuable input on um crash crash rates and so forth in Delaware County. Um so currently our uh consulting firm is kind of in the process of collecting all that data, compiling it, um recognizing and um pinpointing those hot spots that um seem to have those high number of crashes and so forth um to kind of identify those as safety need areas um in need of you know intersection improvements, things like that. um land use and planning, the annual APA, which is the planners conference, um was held in October as well. We were able to send three of our staff members to that. Um Fred Daniel, Kayla Ferguson, and then Dell um went to that conference this year. So, I think they all had a very good time and learned a lot. They all came back with information and said it was a really good conference. um the Academy of Community Leadership. Um I was asked to speak as a panelist at that event this year. Um I did a presentation on the Together DM um and was on the panel for community planning perspectives. So that was a fun activity that I got to do. Um, our pond ordinance that our office has worked on was

approved by the commissioners and um, enacted at their November 3rd meeting. They did hear that twice. Um, so it went before them for two readings. Um, but it was approved on November 3rd and then I did attach a copy of that in your packet just for you to have. So that is the new Delaware County um, pond ordinance. Um, let's see. Our office hosted a survey training that was uh presented by Ashton Land Surveyors. Um we offered this to our employees, our entire plaque committee. Um we have several members on our plaque committee from the auditor's office. Ricky Cypes serves on that committee as well. So this was just an opportunity for us to kind of expand our knowledge in that area um with the help of Ashton land surveyors um who are the experts and have been doing plaques and surveys for number number of years. So that was exciting as well. We have our numbers here for our committees. Um, as of let's see, through October, we're sitting at 54 BZA cases heard, 28 Plan Commission cases heard, 15 plats, um, one village review committee project for a total of 98 cases. Um, some additional items, the remaining schedule for this board, we do have a meeting in December. So, our next meeting is scheduled for December 4th of this year. And then we did pass out our proposed 2026 schedule for everyone to take a look at. Um Mr. Murphy, I know in the past we maybe have voted on these. Is that a suggestion to go ahead and um vote on this or

uh yes vote on calendar? Okay. So there's our 2026 calendar. Um the schedule you're given does include the application deadline which is the deadline the applications have to be turned into our office complete. Um public notice deadline is when we have to send out our notices and put our legal notice in the newspaper and then our meeting dates. So we're looking at the far right hand column in terms of

Yes. So the far right hand column is the actual date of the meeting. I'd just like to note that uh there are two dates that are actually going to be on the second Thursday due to holiday. The January meeting will be January 8th and the July meeting will be July 9th. Those are both the second Thursday. Yes. And I'd make a motion to approve this meeting schedule. I'll second. Okay. Go. Mr. Brand. Yes. Mr. Carol. Yes. Mr. Mr. Dishman, yes. Miss Hensley, yes. Mr. Lache, yes. Mr. Landis, yes. Miss Cypr, yes.

Okay, so everyone's in agreement that we approved the 2026 calendar. Um, other announcements. I did just want to put out there that the Cardinal Greenway is having their turkey trot this year um Thanksgiving morning, which is November 27th. Um, registration is available online, also at the event beginning at 7:30 and then the walk run starts at 8:00 a.m. Um, that is at the Cardinal Greenway Depot, which is 700 East Wiser. Uh, pets are welcome, uh, dogs on leashes, and, um, everybody is encouraged to dress up in your fall and or turkey attire. Um, ECIRPD is collecting clothes. Um they are conducting a closed donation currently. This will continue through the winter months. Um the drop off location is at the Innovation Connector which is at 1208 West White River Boulevard from 1 to 4 is the drop off hours. Um these donations will directly impact local veterans. Um you can also bring items to us and we will get those to that location if you're not able to take those there. Um, let's see. County building has Second Harvest Food Bank donation boxes in our lobby. We also have some flyers in the elevators and I did attach a flyer here because there's a QR code on it and their website. They are taking food donations and monetary donations. Um, they did speak at the commissioner's meeting earlier this week. Was that this week? I don't know. And then um at the city council meeting this week as well. Um the fact that stands out to me is that $5 provides up to 20 meals. So um those

donations can make a big difference in our community. Um Commissioner Rian and Commissioner Brand did enter into a contest I believe challenging each other to see who can collect the most money. I don't know if that's going to continue. Um, I'm a winner. So, any any donations would be appreciated that as well. So, that's all I have. Once again, thank you for your guys's time. Okay. Any any items from the board?

I have one thing. We've had u a citizen ask the commissioners if there is an electric fence ordinance for neighborhoods. I don't believe that there is. Um but we need to double check and see if there is an electric fence ordinance for neighborhoods. And then it would be up to this board if they wanted to consider putting an ordinance in place to prevent electric fences from being placed in neighborhoods. Um, I would be careful about resident zones. You know, we have uh residence zones that are on county roads. You know, I live on a county road. My house is zoned as a resident zone. And if I wanted to put up an electric fence, I would like that ability. But inside a neighborhood, maybe that's something for this board to consider. I think we we talked about a couple years ago some people were taking the um those moving plats and making fences out of them and not using fencing material. Do you remember that?

You mean like shipping skids? Yeah. Yeah. Yeah. Yeah. That's Oakley. and they were putting it up against up against roads and it didn't look good and it you know right very temporary fence I know sometimes when there are neighbor disputes there is already and I believe Mr. Murphy can confirm this. There's already a spite law, a spite fence wall. You put up a fence in spite of your neighbor. I think that's prevented. It's probably pretty difficult to prove, but I would agree with skids. If that's not in there, maybe we need to take a look at, you know, some beautifification requirements, too.

It kind of died. I don't know what happened to it at that time. But Jerry, do you remember that? Yeah, I remember uh where Madison comes around to I think Myrtle. There was a house there on Elm and Myrtle, I think it was, that had horrible looking fence around it and it's they got it changed now. I think the city went in there and helped them get a new fence. As a realtor, it'd be nice to have some restrictions, you know, to um not harm other people's view and properties.

I would like to say I'm very pleased that we have the the pond um or u as a realtor there. Again, uh I see a lot of people buying property and immediately putting a pond in without permission and u sometimes it's not so good. So, this is good. Just just as a point of clarification, Mr. Brain, when you mentioned when you first mentioned it, you mentioned uh somebody asked about an electrical fence ordinance, but then it seemed like some of the questions or comments were just about fences in general.

So, are we talking about an overall fence ordinance or one that is just pertains to electrical fence? Well, our yeah, our office received um a couple of complaints about the electric fence. Um and I believe it's some of the same homeowners that contacted the commissioners as well. So, actually Tom Fouch, the county building commissioner, did go out and look at and contact and talk to the homeowner that has the electric fence. Um some of the things he wanted to see were um is it has there been a survey done? Who's is it on his property completely? So that's a big issue. Um fences can technically if a fence is put on a property property line then both owners own that fence and can do whatever they want. Um Tom was satisfied that this electric fence was completely on the property of the homeowner. So, he is satisfied with how it looked, how it was constructed, um, and that type of thing around that situation. Um, the commissioners were willing to kind of dive into and do some research and and such on the topic, which is kind of what our office is currently doing now as well. And we've kind of agreed this is something that we want to have a topic to look into and research and discuss in the future. So, it hasn't stopped here. We have taken um those complaints into consideration um while also taking the homeowner's um rights into consideration. So, where it's located is a big deal. Um I mean, technically, if a homeowner has an electric fence on their property and you get to that electric fence, you're you're trespassing at that point. Um, but we do see the value in looking at

the different areas, whether it's a resident zone or a farming zone or how close, you know, those types of things. So, it's kind of an ongoing topic that we're doing a little research on. Um, I would like to then just send you all an email with some of that information and then maybe get some feedback from you as well. And this can maybe be a topic that we revisit um, at meetings in the future, too. Okay. So back to Mr. Smith's question though. So will this be a revision of the existing fence ordinance or just a new ordinance altogether? There's nothing in the current ordinance about electric fencing. So it be a revision of the existing ordinance. It would either be Yeah. Like an addition. Yeah.

Mhm. That covers electrical fences. Correct. Yeah. Okay. And and I believe while we're in there, we should address the, you know, the pallets and wood skids, things like that being being used for beautifification purposes. I agree. I've ran into a couple situations on the construction side, people don't realize when you put up a fence,

you have to look at the ugly side when you're the owner. You have to look at the post and all that. The slats are actually supposed to be facing the other property. Well, some homeowners don't want to see the ugly side. They want to switch it to the other side. And so they do it and it gets over with them to get away with it. It is what it is. But it'd be nice to see how the wording is and maybe revisit some of those things to possibly help the neighbors for those neighbor those people who want to bend the rules. It's not only the neighbors, it's the appearance of our community.

Well, you go so the the intersection over there on uh what is that? the road that Walmart's on that has that funky uh four-way stop over there and there's a dead end drive. If you go and just I believe that to be east of Silver Tree, there's a fence that you can see all the posts and everything that's turned the wrong direction. And you guys know I work at Jud. It it bugs Jud up and down. Like I hear it probably at least three or four times a year when we're driving in the car together. And now that's that's him. But it's it's the matter of that he's like, "I couldn't go do that." And that's annoying to him that I couldn't go do that, but he can go do it and get away with it as a homeowner. Now, that's not technically true, but it's it's those things that maybe it's not addressed properly in the wording or I mean, that type of thing that I would want to look at.

I've lived the majority of my life in the unincorporated territories of the county. I have lived at three addresses in the city of Muny. I actually still own those. And I can assure you that good fences make good neighbors. Okay. Well, I will get a packet put together and send out to everybody um to give you all the information that we have on on this topic and go from there. I appreciate you bringing that up. Thank you. That's all for me, Mr. Smith. Okay. Anybody else? Journs.