Plan Commission - Regular Meeting

You're ready, Frank. Okay. Good evening and welcome to the Decal County Board of Zoning Appeals. Um, and we'll take roll call. Yep. Frank Palver here. Roy Walker here. Andrew Proines here. Wayne Funk here. Jason Carneahan here. Andrew Cruz here. Chris Gmer here. Meredith Wright here. Thank you. Uh, approval of the minutes from the October 13th meeting. I'll make a motion to approve the October 13th minutes. We have a motion. Is there a second?

Second. Okay. All in favor say I. I. Thank you. Old business? Seven. None. Okay. New business petition number 25-11.

Uh, this is a petition from Digital One LLC, uh, Brian English requesting a development standards variance, um, to allow for the reduction of the setback for an outdoor advertising sign, um, along State Road 3 and to operate a digital billboard electronic sign. Um, property is located on the west side of State Road 3, approximately two cents m two ten of a mile south of the intersection of State Road 3 and State Road 205 in Leato and his own C2 neighborhood business. Um, in your packets, uh, shows the proposed location there. Um, it's just south of that gas station that's at 205 and State Road 3. Um, and uh, across the way from it was the old paintball court that is now um, I believe being leased for warehousing. Um, I'm not quite sure, but um, anyway, this is vacant land um, owned by Donna Griffith. Um you can see the proposed sign there um advertising our decal 20 240 uh comp plan but um 35 ft in height um 25 ft of uh space between the ground and the sign. So a 10 foot um sign overall 10 by 36 is 360 square feet. Um, in our ordinance, uh, outdoor advertising signs or billboards are, um, permitted, uh, within 500 ft of of I69, State Road 3, State Road 6, State Road 8, 327, and State Road 427. Um, provided they follow the sign, sorry, the the regulations of those signs accordingly. Um in their with that they're requesting the variance um for the setback of State Road 3 to be reduced to 60 ft.

Um, and then like I said before also they are uh requesting that the sign be able to be electronic or include video images, changing faces, electronic messages that you see typically on I69 um up or down from from Fort Wayne. So, um, pretty, uh, simple variance request there, but, um, variance for the size and the or sorry, for the setback and for the type of sign it's going to be. So, what's the distance it would have to be without? 100 ft. 100. Yep. They want it at 60. Correct.

We have any like how many other fines with moving pictures in for or in Decal County? None. None. that I'm aware of. We did right next right by here, right north of there, but it's um and Brian can correct me if I'm wrong. Brian, come to the mic so you can help me out here. We did review that um with Brian who's the uh attorney for the project. But uh Oh, yeah. Just make sure the the gray light is on. Thank you. Um went through this and we did we did approve a sign just north of here. Um, but it was like 34 feet in height or something. Is that what it was?

No, I think it was the same size sign might the same height, but the issue was they couldn't satisfy the uh state of Indiana requires a 500t set back from the intersection. So even though it was granted here m dot or n dot won't and speaking as Brian English for the record being that high they wouldn't wouldn't authorize it to be closer right there any last time with any moving I just wondered I'm easily distracted

me too is in okay okay with this Brian, you want to come back up and speak to the NDOT issue? Uh, we submitted our application uh to MD DOT about I keep saying M dot because I'm from Michigan, but uh we submit our application two weeks ago. Generally, it takes them a month to month and a half to approve it. Uh we applied for a a digital board indicator last year and it took them about five weeks. So, no, they have not approved it and obviously whatever you guys do is contingent upon us getting approved. We don't see any any hurdles, but we haven't gotten their approval. So, we wouldn't issue any permits until they would get their state approval.

This is not this is not advertising a particular business. It's just it's a just a billboard and different businesses. You're correct. Yeah. It's called an off-remise sign. So other people apart from the on- premise uh business can advertise and our our company uh would sell advertising to various businesses.

We I'm not quite I mean when the ordinance was written um the plan commission at that time just didn't want to see I believe electronic signs. Um it was back in 2009, so there were electronic signs back then, too. You know, I don't know. I'm not quite sure why. Um the requirement to basically prohibit them just have to have a variance form. Yeah. Varian both. Is both.

Both. Yeah. Oh, I missed because in there on 5D sign shall not include video images, changing faces, electronic message or light emmitting diodesah. So anything that's going to have a you know moving picture or whatever would have to that variance as well. What said obviously obviously there state rules on the types of images put on there?

Not that I'm aware of. I mean, federal law has protected signage as part of free speech. So, um Brian can probably speak to this too, but basically you can't limit what people can put on signs even in planning and zoning can't. Um

I would say to expound on that, um we do run into that question. I run into that question almost all the time and um Chris is correct but the we're selling to local advertisers. So generally the advertisers that go on our board they they're a pretty good reflection of the community. Um you know if you're in a more conservative community it's going to be more conservative advertising. You know the opposite if you're New York or California it's going to be a different level every question. that I would. Yeah. You know what I mean? Yeah. You can't limit that though. I mean,

pretty safe here. But yeah, I think we're pretty safe here. But you can't limit what can be put on it, but correct. Our ordinance says you can't have stuff. Correct. Oh, you mean like if it was like flashing stuff ways more ways than one. Gotcha. So, how far is this from 205? Officially, it will be from the road set back. Yeah. Like 150 ft. 145 ft from the actual road. Oh, what' you say? 205. Oh, from 205. 205 is going to have to be 500 feet from the from 205, which I believe goes east west. Correct. Correct.

And three goes north. So, from that crosssection, we're going to have to come back 500 ft. So it'll be it' be a minimum 500 feet from that intersection in order to satisfy the end dot requirement. Okay. And then I believe it's I believe it's spec to be about 160 ft from the concrete uh would be the southbound lane of three. That make sense? Southbound's on the right. So yeah, Indiana 3. Uh, no. I believe it's it's um it's ft from the state, right?

What's out there? Yeah. Huh. I mean, it's it's like you're going to be they're going to be real like probably right at the 500t from that intersection. Yes. Um 500 feet from the intersection of 205 and three. Correct. Correct. Okay. about 145 ft from the road. Yeah. From the road. From the edge of pavement.

From the ride ofway, it'll be 60 ft. From the from the edge of pavement, it'll be like 145. So, Donna Donna Griffith is the owner of the property. Yes. And you're going to lease that area from her? Yes, we have a we have a land lease signed with her contingent upon regulatory approval. But yes, we we lease that small pad. So then you also have to have access to that in some form. Mhm. We we'll need these. That's part of your agreement with her.

Yes. Yes. We we will get easements uh within the lease. I need to draft them. Within the lease, she has to provide us uh easements over her three parcels which comes from the south. I'm trying to get in contact with the owner of the former paintball property, but I'm struggling there. That would be easier to pay them a couple thousand dollars and come right across there. Um but but the reality is we're we're we're rarely there. It'll take us less than two days to construct it. And once it's constructed, um we we it's unlikely that we'll be back there more than one time a year uh for maintenance. And even then, we hope not. But everything's programmed remotely. So, I I usually need to talk to land owners through that or the adjacent property owners through that, too. That two days to construct it and you likely won't see us again because everything's done remote and their new sign. So, it should last 15. Okay. Um, so you can deny how

we can Yeah, we don't have to. You guys have policy.

Uh, we don't have like a written policy, but we're from Michigan. We're Midwest. We're pretty conservative ourselves. and and you know there's not there there's not enough money to be made on these advertisements for us to go out on the limb for somebody crazy $500 a month. I mean the last thing we want to do is upset the the land owner even though we can advertise whatever upset the land owner upset the neighbors upset upset the the the county. It's just it's not like I said there it's $500 a month if we're 5,000 a month maybe would push the the edge but no. So, we we've we've got currently we have 10 boards in small communities throughout Michigan, Ohio, and Decatur. Um and uh and and I hope to have one in Kendallville here next month. Um and um you know, we we we've never had an issue out of all those boards. And prior to that, we had a number of boards that we ultimately sold. Uh but we've never had an issue with a landlord come and say, "Why you advertise?" I go back to my we just we're in Hillsdale. I don't know if anybody knows Hillsdale. Hillsdale is probably the most conservative community you you could ever get and we've never had a complaint about an advertiser because it just reflects the community. Um so I can't guarantee that somebody wouldn't be offended by something. Probably the only thing that somebody could be offended would be if you get into the the political, you know, you get near elections and somebody might be very conservative or very, you know, very liberal and they're like, "Well, I don't like that guy. Why reality is we're going to probably advertise for whoever else?" But beyond that, advertisement pretty ser local businesses, local car dealers, local, if we're lucky, we get a Kroger or a Meyers contract that they'll sign for a year, they'll just rotate through what fruit's on sale or what holiday stuff's on sale. But it's going to be reflective of of

the static boards you see. That's who we go after is the static. And I I would just as a side note as I mentioned Kendleville um we hope to get approval in the next month there but they they looked at they don't have a digital board in Kendallville and they looked at their ordinance and their ordinance was the same static is allowed digital prohibited and unbeknownst to me they called me back about three months later because the one location we were looking at fell through and I'm on a new location and he said we're actually changing our changing our ordinance to allow for digital static. They're going to be the same size, but they have updated their I think it's like this where they're say, well, this was drafted.

So, are you are you saying that you do or you do not have guidelines as to who advertises and who doesn't? We do not. No, we don't have any any written uh any written guidelines as to we won't advertise to this person, but That's question. Like I said, I guess I guess billboard.

Well, yeah, not quite apples for apples here. Um we're trying to appease to the local community. So I was I was I was

Yeah. Yeah. We're Yeah. So and and and if we did something crazy like that, it probably would be harder to sell advertisement to to other people because you wouldn't want your business up there with something that was in Vegas. And so uh the in Quincy, Michigan, contacts you and says they want to rent space on your billboard that sells. Of course, in Michigan, everything is legal. I see a lot more advertising in our area, advertising for Quincy and Cold Water. And so, you don't have a guideline to say, "No, if you want to rent it, fine. You can advertise your sale as far as

Oh. Oh, you mean you're talking about marijuana? Yeah. Um, no. Um, I don't we don't have We have boards in in Michigan. We have two in Ohio and we have one indicator and I can't think of any instance in those boards where a Michigan marijuana company has reached over and our one board is in Toledo. Toledto sits right on the border and the other one is south of Toledo, 20 miles or so. But I can't think of any instances that that our sales guys are are advertising for marijuana. I don't know that. But I I also can't speak to the fact if that's legal because I thought Well, you look like the lawyer. Okay.

Yeah. So, I can't speak to whether or not Indiana allows that. Well, they do. Indiana does allow that. Okay. I think there's probably interstate commerce issues. If you don't, it depend, you know, kind of questionable because even though it's legal in Michigan, it's not yet legal, I don't think, federally. Yeah. Yeah. It's not legal federally anywhere. But yeah, I mean, I I think we would not want to as a BZA do anything different than than what the first amendment. That's more dangerous territory.

I didn't mean to stereotype.

No, that's okay. It's all right. At least you look mom. My dad always taught me to try to dress up as an attorney, you know, with the jacket and the tie and everything. So, okay. Anybody have any more questions for Brian? Okay. Thank you. Uh, is there anyone in the audience that wants to speak for or against uh this proposal? Okay. You have any more anybody have more questions for Chris or if anybody wants to ask Brian any more questions? No. Okay. Well, we can move on to findings.

Findings. All right. We'll go through some proposed findings. These are not final until voted on and approved or disapproved by the BCA. Uh we have jurisdictional findings. Application completed and filed on September 26th. Yes. Legal notice published in the Star on October 31st with publishers affidavit receive received. Yes. Uh, certificate of mailing notices sent and receipts given to staff. Yes. Letter from the county board of health dated October 23rd. Yes. Letter from the county highway department dated October 3rd. Yes. Letter from the soil and water conservation district dated October 3rd. Yes.

Letter from the county surveyor or drainage board dated October 13th. Yes. Addition. And then letter from the Dow County airport authorities not applicable. We have some proposed uh findings. There's three different questions and any of you can comment on any of these questions as they come up, but I'll go through them, you know, one by one here. Number one, will the approval of the variance request be injurious to the public health, safety, morals, and general welfare of the community?

Not affect health, safety. I tell them on here the pros electric sign and the reduction to the setback state road 8 will not be interest to the public. Also the surveyor has I think enough deal in there where it has to do with uh Harvey G3 ditch approved. So we're okay there. Okay. Then number two, will the use and value of the area adjacent to the property included in the variance request be affected in a substantially adverse manner?

No. The proposed electric sign and the reduction to the setback along State Road 3 will not adversely affect the neighboring properties due to condition of approval or the county survey. Then number three, will the strict application of the terms of the unified development ordinance result in practical difficulties in the use of the property in reduction to the setback along State Road 3 is needed for the property owner to further develop the property.

So the with the conditions of approval that we'll go through here, uh staff's recommending approval and also recommends the following conditions. Number one, the board retains continuing jurisdiction of this from development standards variance to asssure compliance with all terms and conditions and or impose additional conditions deemed necessary for health and safety. Number two, a development standards variance to allow for an electric sign and the reduction to the setback along State Road 3 is approved. Number three, comply with any applicable environmental standards as required in article 5.11-01 in the unified development ordinance. Number four, no off-site drainage crossing said real estate should be obstructed by any development on the site. Number five, no certificate of occupancy or certificate of completion shall be issued until the applicant files written evidence of compliance with any conditions of the various county boards um listed and other agencies as applicable. File written evidence of compliance with federal or state agencies were identified in the findings or conditions and the zoning administrators to determine when conditions have been met. And then number six, there's an additional one on the regulated drain variance from the drainage board for the Harvey Guthrie open ditch. 181-0000- was approved on November 6th. The variance will need to be recorded prior to any permits issued. Any comment on the recommendations from staff? Okay. If not, um, is there a proposal or for or against the permit for I'll move to approve. We have a move to approve. Is there a second

and a second? Yep. Roy Walker. Yes. Andrew Proines. Yes. Wayne Funk. Yes. Jason Carneahan. Yes. Frank Palver. Yes. Thanks, Brian. Have you Have you filled out the permit for that yet? Just to get it just to get that process started with our office. I'll send you that tomorrow or uh Wednesday. Thank you. No worries. Safe travels back.

Okay. Uh second petition 25-12.

Uh Misty Vance um requesting a development standards variance to allow for reduction to the sideyard setback. uh she had a structure fire uh the house burned uh basically a total loss and she wishes to build on the existing foundation um in our UDO um in the non-conforming uh structure section um I think it gets into this maybe I don't remember um anyway if it's a total loss of 50% or more of the cost of the the rebuild um it has to meet the standards of the ordinance uh which is uh 30 ft for our agriculture A2 zoning district. Um, so that's what she is requesting that from. Um, the original house, as you can see, uh, on those front and backs of your pages, she's got a long skinny lot there. Um, the house sits approximately 13 feet from that west property line. Um, obviously, like I just said, required is 30 feet. Um, not sure when the house was built. Missy, do you want to come to the mic?

Long time ago. Long Yeah, long time ago. 78. So, back then it probably didn't have to meet setback ordinances or they were different or something. I don't know. Um, anyway, requesting a development standards variance for the 17 ft for her to be able to to rebuild this on the existing foundation.

Okay. Would you stay up to state your name and address? My name is Misty Vance. My address is 2199 County Road 40, Auburn, Indiana. So this picture was shows the 13 ft. That house is no longer there. Just the base. Well, it's still there. Hasn't been tore down yet, but the basement still we're going to if we can build it's going to go. You want to demolish it? Just the top layer. Okay. Everything down to the foundation. I think you're what? Saving one wall maybe. We're uh the entire basement. Okay. entire basement being saved. Yeah.

Well, that's unfortunate. The rest of the house structure will have to be demolished because there structural issues with the basement due to the fire. No. No. The fire cracked. No, no damage. Just it was just soaked from the fire department. What is what what is the 13 ft is the existing setback right where the existing house is and our ordinance requires anything new to be 30 ft how long 30

30 yes that really fits in with finding number three arguably on the strict application would result in practical difficulties using the property of Yeah. And even wherever I mean, even if we would say theoretically, let's say we deny her, there's nowhere for her to put the house. Lots's too skinny anyway, right? So, unless you create a long skinny house. Long skinny house. Yeah. What type of damage would it? Then it wouldn't fit over the phone. 50% or less of the cost of reconstruction. Yep. So, if she had like a if it's gonna say the house was appraised at 300,000, if it

was a kitchen fire only or if it was only going to cost $50,000 to fix, then she'd be be fine. Didn't this happen too up to Cathy's up in water like 20 years ago or something? There was a 20 years ago. I don't know. I was still in diapers. Okay. Well, I'm just saying. Oh, sure you were. You know what I'm talking about, Frank. I think there was something years ago there was like sapper there was a a building up there at water in US6 that burnt down and sure they had to get it reapproved because of that right this has happened before in the

just remembering what my dad told so your access to your house is on County Road 40 is that correct yes that's correct That's a long driveway. It is a long driveway. And all of that stuff will remain the same. It's just and it's it's pave driveway. It's stone. So this is just the house. Everything else will remain the same. Yeah. So all of what I'm what you're showing me in the blue that is all of her pro your property, right? Is that right?

Okay. Yeah, it should be this little long line is basically over the driveway. Yeah. 13 ft. The new construction is going to be in the like the same distance from the property line as the old one, right? Not closer or farther. I fig there's a full basement under that house.

Yes. Any more questions? In favor of it. In favor. Yeah. Okay. You want me to read it? Mhm. Liberase me. It entered in.

It says a receipted from Carol King or Carolyn King. Sorry. Um, this in regards to a development center variance letter I received from the Decal County Board of Zoning Appeals from Misty Vance. This rebuilding of her home because of a house fire should not have to be approved by this board. In my opinion, she should have been grandfathered in since she is just rebuilding on existing structure. This has been such a heavy burden for her and to put her through this is just unbelievable. I have to wonder if this is just another way for our government to take our money, more money from our citizens, let her rebuild and stop this nonsense. I got to read it. But that letter does u She's a good neighbor. I'm sure she is. Yeah.

Sweet. That letter does mention a thought that I had been grandfathered in because already yeah our non-conforming uses or non-conforming structure section in our ordinance I think it's article 7 um states that if it's uh if you have a non-conforming structure you can't rebuild uh 8 8.05 5C5 is um basically you have to if the loss is greater than 50% or more of the might be 70% I can't remember what we talked about I could look it up but it's it's a cost if it's more than that I think it was 70

was it 70% or more 70% or more of the cost of to rebuild the house you have to rebuild at the current standards so and because it's basically 100% cost to rebuild it's a decent way to to look at the legal non-conformings that we Yeah. Make sure that ones that we can correct we do and ones that we don't need to correct we don't mess with. You have to take right we can also we can also acknowledge that it's sad that homeowners have to go through that house fire go we can all acknowledge it's a pain in the neck but it's a perfect opportunity for us to go through this process.

Thank you. Thanks, Misty. No, she wants to sit down. Is there anyone in the audience that wants to speak? Given your name and address, please.

Yes. My name is Russ Hoff. Uh 2181 County Road 40. I'm Misty's neighbor. The other neighbor on the west side. Uh give you a little history. My father-in-law built her house originally in 78. Uh he owned everything propertywise from the county home line to the creek and the property line was like 1,200 ft deep. He owned the whole thing. Uh I came to town and uh we decided I should he wanted me to live next door to him. So, uh, I lived in this house for a few months while they were doing my house next door to the west. Uh, so I'm very familiar with, you know, what's in that house, how big it was, what all was there, what wasn't there. Uh, during all those years, there was no additions added. There was, you know, still the same square footage, the same footprint that was always there originally. Uh, and as Carolyn said, uh, we really a whole lot of problem with it. I think, you know, if she's not allowed a burriance, what happens to that house? You know, suddenly it gets torn down and there's a a a foundation there and what's going to happen to it? It's going to be a, you know, blight for the area. You know, she's willing to rebuild on the same footprint. Uh, you know, we have Carolyn and and Misty are both great neighbors. we want to have them there. So, uh I would ask that the approval be made uh for her to rebuild including the variance because it doesn't cause anybody any problems to the west of her.

That's all I have. Thank you. You Thank you, Russ. Any more questions? Okay, here we go with proposed findings. Jurisdictional findings, application completed and filed on October 3rd. Yes. Legal notice published in the Star on October 31st. Yes. Uh publishers affidavit and receipt received too. Yes. Yes. All right. Then we've got certificate of mailing notices sent and receipts given to staff. Yes. Letter from the county board of health dated November 3rd. Yes. Letter from the county highway department dated October 3rd. Yes. Letter from the soil and water conservation district dated October 3rd.

Yes. Letter from the county surveyor drainage board dated October 3rd. Yes. Letter from the Daw County Airport Authorities not applicable here. Then we have the three proposed findings. So we'll start like we did before and anyone can comment on them as desired. Number one, will the approval of the variance request be injurious to the public health, safety, morals, and general welfare of the community? It will not be injurious. Actually, sounds like it'll be more injurious if if we don't do it. Yep. There you go. Exactly. There you go. Number two, will the use and value of the area adjacent to the property included in the variance request be affected in a substantially adverse manner? No. All the neighbors are supportive.

Okay. And then number three, will the strict application of the terms of the unified development ordinance result in practical difficulties in the use of this property? Yes, proposed reduction in sideyard setback uh is needed due to the existing foundation that will be used.

So then we have conditions of approval. Proposed conditions of approval. Staff is recommending the approval and recommends the following conditions. Number one, the board retains continuing jurisdiction of this from development standards variance to asssure compliance with all terms and conditions and or impose additional conditions deemed necessary for health and safety. Number two, a variance to allow for the sideyard setback to be 13 feet approve is approved. Number three, comply with any applicable environmental standards as required in article 5.11-01 in the unified development ordinance. Number four, no off-site drainage crossing said real estate should be obstructed by any development on the site. And number five, no certificate of occupancy or certificate of completion shall be issued until the applicant files written evidence of compliance with any conditions of the board of health, highway department, drainage board, surveyor, county, airport, soil and water conservation district, or other agency is applicable. File written evidence of compliance with federal or state agencies were identified in the findings or conditions and the zoning administrators to determine when conditions have been met. Back to you, back to you.

Well, okay, Arrol. Thank you. Okay. Any more questions? That was That was good. That was good. That was I have a cold tonight, so I'll That was Rich. Thank you. Is there a motion to approve or disapprove? I'll make a motion. This variance 2512. I'll second motion made and seconded. Roll call. Call. Okay. Roy Walker. Andrew Provines. Yes. Wayne Funk. Yes. Jason Carneahan. Yes. Ray Culver.

Yes. Good luck. Get Russ a hammer and a saw. Maybe not. start. Okay. Okay. Last but not least, 2513. Gerardo.

Uh, this request is for a proposed garage edition at 0710 County Road 45 in Waterlue and is zoned A2 agricultural. Um, as you can see in your staff report and uh aerial image, the the red uh overlay area is the proposed garage edition. Uh, the yellow outline is the the property. Um, they are approximately going to be um well, you see your very nice survey from Compass, which is great. Uh, 10.8 8 ft from that south property line um is what they have proposed. Um thus the variance request is for 19.2 ft. Um the house as it sits now is only 36.8 ft from that sideyard or south property line. Um and I can have them speak to it, but as you can see the AC unit, there's an LP valve, the antenna. Um, I believe the septic might be up there too, Mr. Gerardo. Um, so for his wife to have a really nice warm garage tomorrow when it snows 3 in, they would really like to have this uh this garage addition um attached to the house. This is the location that um it would really have to go. So, anything you want to add to septics on the north,

can you make sure that mic is just on? Push the button. Sorry. Yes, this morning was not a very good morning for the wife.

Not getting better. She's put up with it for a long time and she is she is tired of walking on ice slippery ice. Jason, if I'd have known you were on the board, I would have come to you early. That's your barn up there as well. Barn. Mhm. There was a barn up here by the propane tank. Utility building or something.

It's just one of them sheds. Okay. Just a shed that I parked the gate and clean. real close to having to move out there as it is. Don't push me. He's helpful, isn't he? Yes, he is.

Any quest? Any more questions? How big is this garage? 26 by 26 by 26. 26 by 26. Yep. Okay. Planning on putting a handicapped ramp in for the both of us uh on the inside so that we can basically go down the ramp into the cars without actually having to go outside. Pretty nice. Very nice. Oh yeah. Oh yeah. What isn't on here?

She wrote she put down the fire pit. I was really surprised. Fire pit. I had a fire pit in the yard. She even put that on the fire. He's even got the fire pit there. Okay. Anybody else? Questions? Forward. Yeah, pretty much. Mr. Believe me, they helped themselves.

All right. Uh, we'll go through the proposed findings. You're fine then to sit down if you'd like. Uh, jurisdictional findings. Application completed and filed on October 16th. Yes. Legal notice published in the Star on October 31st with publishers affidavit and receipt received. Yes. Certificate of mailing notice is sent and receipts given to staff. Yes. Letter from the county board of health dated October 23rd. Yes. Letter from the county highway department dated October 20th. Yes. Letter from the soil and water conservation district dated October 17th. Yes. Letter from the county surveyor or drainage board dated October 21st. Yes.

And letter from the Dic County Airport Authority is not applicable. So we have uh three proposed findings again and again you can have discussion as you would like on these. Number one, will the approval of the variance request be injurious to the public health, safety, morals and general welfare of the community? No. The proposed reduction in the sideyard setback will not be injurious to the public. Also see letters from the various county departments without objection. And number two, will the use and value of the area adjacent to the property included in the variance request be affected in a substantially adverse manner? No, they will not.

All right. And then number three, will the strict application of the terms of the unified development ordinance result in practical difficulties in the use of the property

and also perhaps the septic. I think we heard Yeah. talk about that as well. All right. Conditions for approval. Staff's recommending approval and recommending the following conditions. Number one, the board retains continuing jurisdiction of this from development standards variance to asssure compliance with all terms and conditions and/or impose additional conditions deemed necessary for health and safety. A variance to allow for the sideyard setback to be 10.8 ft is approved. Number three, comply with any applicable environmental standards as required in article 5.11-01 in the unified development ordinance. Number four, no off-site drainage crossing over real estate should be obstructed by any development on this site. And number five, no certificate of occupancy or certificate of completion shall be issued until the applicant files written evidence of compliance with any conditions of the Dicap County Board of Health, Highway Department, drainage board, surveyor, airport, soil and water conservation, a district or other agency is applicable. And further, where applicable, file written evidence of compliance with federal or state agencies were identified in the findings or conditions. The zoning administrator to determine when conditions have been met. Is there a motion to approve or disapprove?

Move to approve. Thank you. I'll second it. Thank you. Roll call. Roy Walker. Andrew Proines. Yes. Wayne Funk. Yes. Jason Carneahan. Yes. Frank Palver. Yes. the other day that came that said that we were going to have to pay $4,800. That's what I thought, but everyone got it that was here tonight.

Okay. When I saw the Democrat thing on it, it was like, "Yeah, there's a the logo is Let's close out." Yeah. But I just I wanted to make sure that No, you don't know. No, good question though. Good question. Yeah. Thank you. Yes. Thank you.