Apc - Regular Meeting

Okay. I wasn't saying it for my health. Leave it on. Yeah.

Ready? Y. All right. We're going to go ahead and get started. This is the uh September 10th, 2025 Miami County Board of Zoning Appeals meeting. Can we start with roll call please? Grant Cade Ellen Sofur BJ Hunt here. Jamie Hopper here Palmer here. Has everybody had a chance to review the minutes from August. There only two of you to make a motion. So you got to go back. Make a motion to approve. Second that.

Okay. We have a motion and second. All those in favor signify by saying I. I oppose the same motion carries. Okay. Um do you have anything before we get started while we get here? Okay.

So before we get started, um just something we kind of like to say before we start meetings. Um I don't know which of you are here for a variance or special exception which of you might be neighbors or whatnot, but um we just like to remind everybody to keep things civil. Um, when you are asked a question or answering a question, you are addressing the board, not the neighbors in the audience. We don't need anybody, excuse me, anybody arguing in the audience. Excuse me. So, just everybody's going to get plenty of time to talk, plead their case. Uh, so just be cordial with each other and we'll we'll get through this. So, having said that, we will go ahead and bring variance 113-25 to the table. American Autoglass 190 North Columbia Street Macy seeking a use variance to allow an autoglass repair shop to operate on 22 point 0.22 acres of B1 zone land in Allen Township. We have staff report please.

Yep. So uh this variance was applied for on July 21st by Jason Kirkwood. Uh he is the owner of American Autoglass. Jason would like to operate an autoglass repair shop on two.11 acre parcels of B1 commercial zone land out of the old fire station in the town of Macy. Currently the building is being used for storage. Um this building would would be used to repair and replace glass on all types of vehicles including RVs, large trucks, a equipment, etc. The structure of the building will not be altered. Vehicles will be stored in an adjacent lot when not being serviced. This type of business would fall under an automotive repair service per the zoning ordinance. Automotive repair services are only authorized on B3 um commercial I1 and I2 industrial zones.

Okay. You want my thoughts or you want to talk first? Uh let's if you don't mind let's hear them first and then you guys can fill in. Yep. Uh so is Mr. Kirkwood here this evening? Yes sir. So you want to tell us what you got going on? What you're wanting to do?

So I don't know if any of you are familiar or not but we already have American autos here in Peru. Um this shop's large enough for woods what we do but we need bigger facility which I acquired that. It took many years to get that building um with this purpose. Um to get larger trucks and heavy equipment in there, we need larger garage doors. Um this is not something that'll be like storage, you know, vehicles that might be parked outside. They'll get worked on. The customer picks them up, they go. We'll also be doing residential glass, commercial glass, bring their cars and trucks. But the biggest thing was we needed the bigger garage doors to get equipment and then maybe draw some of the leg, you know, Cass County, Fulton County on the north end of Miami County to get some more business our way. Just trying to expand what we already had established since 2010. So, do you have any I mean, you said that vehicles would be coming and going, but you know, worst case scenario, what would you foresee the longest a vehicle being stored on site?

Just like currently now, they're run in and out within an hour. I mean, unless it's something major where somebody's got something damaged, glass isn't available, we have to order it. It just stays inside until we can get it repaired and then is picked up. Um, it's not going to be like the scrapyard or anything where you're just leaving cars parked out there for rice. Just trying to bring a little bit of business to Macy. Don't think there's any business in DC. Well, now don't forget the elevator.

We are the the small building which was the pantry at one time. We were going to remodel that and make that for a customer waiting room. There's really not many people that are going to wait that long. Plus, once we start evaluating it, there's so much to do that it won't be worth it. We're just I've got the demolished um permit, so we're just going to take it down. Um it is a concrete slab. I don't know if it'll be able to be used for much parking at all, just for employees and what customers do come in just maybe get a quote, stop by or whatever. Um we do also run Uvall We try to keep a few. We haven't had an upper for a while. It's just because it's we have to park them behind and we were doing it in front, but there's really no place in front of that building to have a center. So, but with behind it, there's you've got the the masserator or the grinder from septic and sewage. There's two wellheads back here and then there's some drains. So, the U-Haul thing is not a big thing like it is for us. So, but there may be one or two small trucks there. It just depends on how it goes.

Go ahead. And you where where's the fence going to go on the left side there? As uh the left side as far as where the building's being taken down or what? I don't know. It says improvements to be made. Six foot privacy fence around the whole area. Yeah, I didn't get to that piece. Oh, okay. Okay. Sorry. That was one of my questions. How many employees do you think? We have four in Peru. Once we see how this will probably be unmanned until we get things up and going, probably one or two people there to see how it goes.

Okay. Or does the board have any other questions currently? Corey, what's your office's stance?

Yeah. So, um, looking at this variance, you answered the one question. Uh, well, my biggest concerns were about the, um, adequate parking for customers or employees. Um, and then where, so where are they going to be? Um, just so we're not making a lot of congestion up and around here, even though Macy is not super busy. Um, well, they keep me busy at least. Um, the only other thing then our zoning ordinance requires that a business like this has if you're going to keep vehicles on the lot, it has to have a hold area and that has that hold area has to be surrounded by a six foot uh tall fence. So, I didn't know if that was something that you had thought about at all or it normally would not be outside. It would be inside. So because we really don't want to keep people's outside such a small community, we I'm sure people don't want to see things sitting out there. Plus, we don't want to draw anything like vandalism or which I don't think there's much in Macy, but just to keep and prevent anything from becoming an issue where people don't like us being their job.

Yeah. Well, from like an insurance standpoint, like if there's a claim because a rock flies off of a dump truck or whatever and cracks their windshield, then they would file the claim. They would set up an appointment. Those people would come and drop their vehicles off, leave it for an hour, and they So there there shouldn't be vehicles there waiting. I I never mentioned that before. I do have like a crew. We do have customers that will come in and drop their car at night in a drop box. Can't really control. I mean, they're they're allowed to do it. Um, but it's we come in in the morning and it goes inside and it's done and then they come pick it up. Business hours are 8 to 5.

I just know that it seems like the town of Macy has a direct access to my phone all the time and so I'm just anticipating the complaints on down the road. So, just looking at those So I guess is the fence something that you are opposed to doing or is that something that's feasible? It's feas if it's if it's necessary. Yeah. Yeah. That's not I just was trying to not put a fence up. Just there's not a lot to see back here anyways. But but if it's something that's required, I don't have a problem with that.

Okay. Before we go to public comment, is there any other questions from the board? No. Okay. Uh seeing none, uh you'll move on to public comment. Um we ask that if you do want to comment, you keep your comments about the variance. Um and then also you will be asked to state your name and address. So if there's anybody that would like to speak or Yes, ma'am. My name is Susan Fitzpatrick, 10549 South Elm Street, Miami, Indiana. One one question I have is this this at the intersection of Walnut in the residential section the street.

Yeah, Sigmore. I apologize. Um, the reason I'm asking is if it was in the middle of the residential or is it going to be zoned as commercial? Well, it's currently zone B1. So, it's actually it's not zoned residential. It's it's zone business. The reason that he's having to get a variance, a use variance for this is because we do not allow auto repair shops in a B1, only a B3. So, that's where the exception is. It's still it's still classified or zoned business, just not for this type of business. And there are other businesses that are right there in that area. It's not like he's putting this in the middle of a resour.

I apologize. I don't visit my secret. Thank you. It's a metropolis. Yeah, it's probably bigger than Miami. Miami's got a little bit probably. Yeah, we had 94 homes before the SE project. I think we're down about 87 now. Thank you very much. Is there any other public comment for or against Jason? Can you just clarify where where your employees parking will they be parking? So where the pantry is there? Okay.

That when that gets demolished that concrete slab which it was the original firehouse. So there was the trucks. I don't know what you know the weight of that. So I need to make sure this adequate for parking. did not pull the concrete up and we'll build a pad. So, it'll be off street then. Yes. Well, on a side note, it it sounds like you're tearing that building down because it's not very good shape. So, thank you for keeping that off the plane commission's uns they're piling up.

Okay. Uh is there any stipulations that the board would like to put on before we vote? Give you about 10 seconds to mold that over. We'll move on to booting.

Okay. Having heard none, unless you have what? What's the confus? Yeah. Okay. Fired and fired.

Wish we could like high five right now. I was just thinking about the fence. Did we get in to a resolution on what we're thinking about a fence? Yeah. Do you guys want to know? No, I don't think we need to stipulate a fence as part of this. So, the board would have to put the stipulation on that fence would have to be in place. Correct. It's not It's not mandatory. No, it's mandatory. Oh, it is. You guys will have to It's only if he's parking vehicles outside, right? Correct. If he doesn't fence, but if we start getting complaints and he's parking vehicles outside, then it's a violation complaint. Then he can ask for bearings from the fence or he has to put a fence. Did that go for like wrecked vehicles that look like they would be at a junkyard or just a vehicle that has a chip in the window? You know what I mean? I think it's just vehicles in general.

Okay. But not employee vehicles, right? The vehicle is being repaired and they have to be plated. So obviously it would say all I was curious not getting a variance from the fence requirement. It's still required if you start keep parking vehicles outside. Right. Okay. So are you understand what's what we're if you keep vehicles inside your goal. You start parking them outside you got to build a fence. Now, real quick, the U-Hauls, are those considered those come and go? Would that be be a f incident thing? Because

Oh, go ahead. I just We've had them up there now. So, there's none currently. We haven't had a month. Isn't a certain number of vehicles and unplated vehicles? Well, those are plated, right? If isn't that the subject of the that part of the three or four plated vehicles sitting outside of a residence? No. Uh I mean it depends on the district, but I don't remember. I don't remember.

I mean, they're not dismantled and they're plated, you know, running, so I don't know. But know out here at Bowman's, you know, they got that rental trailer you own all that stuff. There's no fence around any of that stuff. His other business. Oh, that's okay. Well, there you go. But I wasn't sure being that it's an account. That's why city. Yeah.

There's not more than there's not enough room for very many. So it would be like the trailers and stuff that we have in Peru is just it might be a 10 foot and 15 foot cuz the big 26s they're just not going to fit and I'm worried about somebody backing in one of wellheads or you know so the restrictions I thought that were going to come into place are more towards res they are in residential areas not in commercial or business zone districts. So it doesn't really address it here in our ordinance. So from that standpoint

sounds like it's restricted to vehicles that you are that's not parked outside. You get them in and out is Yeah. So if they're not parked outside, you're fine. If you start having to keep vehicles overnight for some reason and they're parked outside, you're in violation. So, you would either have to come in and get another variance to not put the fence up or put the fence up. Yeah. So, we're good.

Okay. So, we are going to go ahead and vote. Um this is how we um vote on the use variance. There is a series of findings we either agree or disagree with. I will go ahead and read these off. Uh the variance will not be injurous to the public health, safety, morals, and general welfare of the community. The use and value of the area adjacent to the property included in the variance will not be be affected in a substantially adverse manner. The need for the variance arises from some condition peculiar peculiar to the property involved. The strict application of the terms of the ordinance may constitute an unnecessary hardship of supplies to the property for which the variance is sought. variance will not interfere substantially with the county's comprehensive plan passes all five findings on okay three agreed zero disagree Right. Congratulations.

Appreciate you all that paperwork. We'll start tomorrow and we'll get that all but you're good. Have a thank you. Okay. The next variance for this evening variance 118-25 Christopher Chris Christopher and Rachel Todd Todd. Sorry. Well, my glasses are filthy. Christopher Chris almost

1860 West 1050 South Miami Indiana 46959 seeking a variance from developmental standards to reduce the required 25 foot uh set back to 18 ft in order to allow the construction of an accessory structure on point4 acres of any land. that I'll share with him. I didn't have didn't have any very good detailed drawings when I applied for the permit and variance with Cory's office. I thought you uploaded those for the permit actually or you emailed them over. I don't might have I don't remember a lot of emails in a day. Uh do you want the Yep. Please help.

Okay. So, Chris brought this into the office on August 22nd. He would like to construct a 14440 square foot detached garage on his property. He plans to use the existing foundation from a prior structure, which I believe is a house um for the new garage. It would fit 18 ft off of the front or south property line. This would violate violate the required 25 ft setback from front property lines as established in the zoning ordinance. Partial in question where the garage would sit is 0.40 40 acres in size and zoned A1 agriculture. Okay. So, I guess what do you have to add to that? Uh, as far as

So, the reason I brought the drawing is so you could look at the building and see what I do or what I'm going to do. Well, right now I can afford a structure. So that's why when I applied for the permit, I called it a garage. Garage doors will actually be in the back of the structures off the alley. So the garage portion of this building will be well outside of the 25 footer, more like 50 ft. Um once I can afford it, I'll begin to get permits and build out the inside of this structure. And the front whole half of this is going to be my office for my business and her photography studio drip. So, I don't know if that changes the way this process works. I probably should just came up and had Brooklyn help me fill this application out rather than do it online like I was a genius and knew what I was doing. So, if that helps. So I guess I guess the only complication that that brings up is you're intending to run a business in A1

and it would be a home uh just be a home office. It's not that it wouldn't excuse. This get this gets me out of my bedroom run a business out of my bedroom and just gives me a place where I can get away from the kids, the noise, the the stress of the house so I can do my job just like anybody else would run a business out of their home. Well, that's you said photography studio. So that's me. I just do the hobby stuff and I have a bunch of camera equipment that I have stuck in a bedroom. free up a bedroom which is now full of photo props.

Beautiful work by the way if you guys ever do pictures. So the 18 ft there's so the 18 ft set back you would be too close to the alley to my too close to the property line the roadway because the roads are 66 feet wide there. So the whole driveway is the easement the roadway. Okay. Okay. some way off the road. Wait, I missed that. Say that again. I missed that. Sorry, I was looking at something. The 50 ft. What about that?

The roads are 66 ft wide in Miami and so am 18 ft off of the property line, which is already 20 ft off of the road. So, I'm way off of the road, which I think is the initial spirit of the ordinance to keep the garages away from the roadway, but quite a bit of back. Uh, so what is your office's opinion on this? Uh, yeah, I'm happy to share that. One question though, was there a reason you wanted to put it back on that existing foundation?

Just so I didn't have to get rid of the foundation. There was a fire and so I' it'd be a lot more money just to pull it up to pour another slab. Okay. And have to foundate that slab and etc. I mean, so it cost me 12 grand to get this so it's buildable. Is it going in on the u existing footprint of the foundation or did you have to expand on it or So there was a small portion I wish we had pulled up um a 7 foot by 14t area where they had to actually put a footer in and just to square it off but everything else is existing. Oh well it's frozen um on the next slide. So

tell you there's a fire that was on that concrete slab there. So, is that concrete slab good shape? Yeah, my concrete guys checked it out. They said it's good to go on it. Okay. I guess my my thought was that I don't know if this meets the requirement for a unique condition inherent to the property. This seems to fall more under just a desire to use that existing concrete than anything else. So, I don't know. Um, but I do understand the need to save money potentially.

The 7 ft that you added, is that what is going into the setback? So, there was a structure actually off to the side of on the alley side of it. So, the structure that burnt was already in that 18. So, instead of being 20 foot structure, we haven't we haven't moved anything close to Okay. Looks like it's further back than another structure that there,

but that other structure is a house, right? So, I guess it's because it's a garage because I put it as a garage and that's only for a while because there's no electricity, no nothing. So, it's a big shelf. If you guys will see it okay to do

now there's going to be no bathroom nothing in this not initially no we don't have water ran anything so so it's just for now it is just a shell just a shell and as as we save some money and the economy you know works in my favor hopefully we'll be coming back to you guys or at least the court's office and get some permits and maybe add that stuff because I definitely do want electricity and heating and cooling and bathroom.

I'll have to make it ADA compliant if I ever decide to change it to a business and obviously I'll have to come back to you guys for that. Uh is there any other questions from the board that ease what your issues were? Yes. See, the old house is still there. Okay. Yeah, that's what we picked up.

Is there any public comment for or against? Yes. What's my name again? Yes, please. All right. Fitzpatrick, 10549 South Elm Street, Miami. I'm neighbors with them and I'm really happy that they're trying to improve the community because there's a lot of bad places in that area that needs to pour down. Though, if I could just add the support, I really really hope they can build and I really hope you'll approve this. Public comment where support is is encouraged is the kind that we like. I support you guys and and she and she's green square number 41 there actually actually the only neighbor that I asked

that would be the best neighbor right one on the record and I drove an hour and a half to get to this meeting today so well I g a mile outside Miami take an hour and a half she's in West Lafayette she's like I don't think I'm going to make it by seven really against it. That'd be great.

Okay. Is there any other public comment or against any other questions from the board? Seeing none, we will go ahead and vote. This ballot is just a little bit different, so I will go ahead and read these off. Uh the variance will not be injurious to the public health, safety laws, and general welfare of the community. the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The strict applications of the terms of the zoning ordinance will result in practical difficulties in the use of the property. The variance will not interfere substantially with the county's comprehensive plan. passes. All uh four factors are three agree zero disagree.

Congratulations. Can you keep it technical tonight? I'll um get that approved on my go back through and approve your permit too. So, okay. So, like I paid for the variance, the 185, but then I they didn't have a place for me to pay for it. I don't think the permit on, right? I haven't approved it yet. Okay. Yeah. Just send me an invoice. Well, it'll it'll send you an email that says, "Hey, payment's ready and you can log back in there or you can drop cash or check or whatever by the office."

Awesome. So all my guys start, Megan, Brooke, you're you guys have anything? you're really busy next month, so please make this meeting.

So, we we had a lot pushed to um October and the general consensus was to try and play catch-up a little bit in October. So, October is going to be a very busy meeting. It's not a good time for a lot of us, but please, please, please try to be here. I know I'm speaking to two people instead of five, but um please try to make a diligent effort. I know that next month like they're a little all over the board. There's a little bit of everything on there. So, good luck. Next month. So, we have a motion on the table. Do we have second? Second.

Okay. All those in favor signify by saying I. I post same. Good night everybody. I think they had one thing. Oh, I am sorry. We got this in the mail for tonight variance for contractors yard that got pushed the next month. Oh, okay. We didn't get that one. So, we Well, it won't it'll come back out again. Uh, they just pushed that just I don't know, I think recently. So, we didn't hear it. We'll hear it next because there was not full a full board here. They chose to wait until next month when hopefully be here.

So, so the way our voting works just like this evening, we have three members here, but it still goes off the majority of the four. So, if one of us disagrees, it fails. Okay. Because at that point, it's you know, one against or I'm sorry, yeah, one against two four and two technically absent. So, it would fail. So if if we don't have full board, everybody's offered the opportunity to get pushing load. Yeah, I just got this in the mail. I thought I Maybe you guys could tell me real quick. What's the difference between a contractor's yard and agricultural? It's right now this place is agricultural. Zoning. Yeah, for zoning and a contractor's yard, which I have no idea what that is.

It's a type of business that's being operated. A business they want to start a business. Well, that's how it's being used right now. Yeah. And they don't have permission in that zone district to do that. Okay. All right. Okay. Yep. But you're welcome to come back October 8th. You'll get another letter. Eat supper before you come. Bring us supper. What are you talking about? I like steak and shrimp. You look like you all backwards.