Board of Zoning Appeals - Regular Meeting

4 o'clock. I'm going to call today's uh plant commission to order. Please join me in the pledge algiance to the flag of the stands nation indivisibley justice for all. We are live streaming so if you speak today please introduce yourself. Um like to entertain a motion to approve the minutes from August 12th. Moved and second. All in favor say I. I. Oppose. Same sign.

I. We need to make an um amendment correction to the minutes. There is no vote noted in the minutes on the subdivision um SEO getting approved. So we just need to add the vote. She is correct, but I did correct it on my notes here. Um, and we will make that correction. Thank you.

New business, Mark, line item A RZ 2025-3. Case number is RZ2025-3. petitioner is Moyes Mora. Location is 5793 East US 136 Garersville. The type of case is a reszone from commercial to residential R1. Uh today you'll conduct a public hearing to consider a reszone of the parcel from commercial to residential. The parcel is located on US 136 um in Mace and the parcel is 0.5 acres with an existing building that previously was used as a little arrow shop. The petitioner wishes to remodel the existing building for a change of occupancy to a single family dwelling which requires a reszone to R1. Jason properties are a higher density residential in the unincorporated unincorporated area of Mace. Uh the property is less than the required one acre for single family dwelling but the existing characteristics of the building are consistent with single family dwellings in the area. No additional square footage to the building is planned. The property is served by on-site septic and private well access is to US 136 and more than adequate for the occupancy change. Uh property already has an existing 911 address. Uh the petition will be sent to the commissioners with a recommendation after today. Um public notice was published on 28 August 28th 2025 and to the adjoining land owners prior to the 28th and all property owners within 660 ft were notified. Uh your factors can be consider to be considered are the comprehensive plan, current conditions and character of the

structures and uses in the area, the most desirable use for which land in the area is adapted, the conservation of property values throughout the jurisdiction, and is the proposed development responsible. The change of occupancy will have minimal effect and return and return the property to residential, which is consistent with the area and the property. Uh staff does recommend the plan commission send a favorable recommendation to the county commissioners. Thank you, Mark. Does the petitioner have anything to add?

Does the board have any questions from our group? This is very nice. Is The civic system hasn't been reviewed for this purpose. Yes, I'll do that for the building permit. Yes. Sorry. Any other questions for Mark? Being none, we'll open the public hearing at 4:05. Public hearing closed at 4:05. Like to entertain a motion to approve the reszone from commercial to residential. Moved

second. Motion is second. All in favor say I. I. Oppos. Same sign.

Mark. Item B, public hearing for fugit subdivisionary plot. Your second case today is SD 2025-9. It is the Fuggate subdivision. Uh today you'll consider a preliminary plat approval of the Fuggate subdivision plat. The applicant is Byron Fugate and DT Partners. Uh the owner is Byron Fugate. The property location is the 11,000 block of US 231 in Lynon. Land use and zoning. Uh the use is agricultural rowcrop and the existing zoning is agricultural as well. Uh the proposed parcel is part of a 68 acre parcel currently used as rowcrop. Again, the request today is for pre preliminary plat approval of the Fuggate subdivision plat. The proposed flat splits a 2.524 development site from the 68. Your road system. The property would be accessed and that is that is one of my typos right there. Property accessed from 1100 north and 231 or 231. Uh your land use ordinances uh zoning ordinance. The proposed site meets the general requirements of the zoning ordinance. Uh our thoroughfare plan does specifically address this type of development and how their rightway right of way shall be addressed for width. Uh county road 1100 north is a local road and the thoroughfare plan asks for a

50-ft rideway on local roads and that is a commitment you could ask for to dedicate 25 foot on the north side of 1100. Uh your flood plane uh no special flood hazard area located on the proposed lot. No wetlands were delineated. The storm water drainage ordinance was not eval evaluated in this plat review. Any development that locates on the proposed property would be required to submit calculations for drainage and receive plan commission approval. Address numbering system can be met and the current proposed location does not have an approved entrance uh but can meet the required distances as well as writing requirements on 1100 North. The property will be served by L lendon sanitary sewer without annexation. The recommendation uh staff does recommend approval of the preliminary plat and once parcel has been been created um the developers would be coming back for reszone at that time. Mark petitioner have anything to add? Does board have any questions?

When do we make the request for the rightway? Is it today or the reason?

We'd be asking for a commitment. thorough plan isn't an ordinance. I I can't require that, but we could ask for the developer to commit the north side 25 ft uh for that rideway in that area. Again, local roads in our road and street standards do call for a 50ft easement. Uh at at this time, the um right of way in the area is I think 36 feet total. Any other questions? Being none, we'll open the public hearing 409.

Yep. Uh, please introduce yourself and your address. Don 10878 North US Highway 231. Is there any plans on doing anything with that intersection? It is a very busy intersection going to Carale and going to the ethanol plant. You got semis. You got cars running all over the place with a housing. That doesn't bother me. It's just that intersection bothers me. No plans at all what to do with that

Mark is that up to the DOT on traffic. Yeah, this is not a question and answer period. You can make comments and we can take those into consideration, but as far as getting questions answered, that's not not what the public hearing is for. But yeah, down down the road those things will be addressed. At this time this is a partialization only.

Okay. Thank you. Any additional public comment? Public hearing is closed at 4:11. We have a motion to approve the preliminary plot.

It's been a motion and a second. All in favor say I. I'd re you're allowed to post conditions on approval plat. I would make it a condition for the dedication of a 25 foot right away on the north.

Yeah. So yeah, if you would amend your motion, I would recommend that anyway. have a gentleman that like to speak in the audience like him come up.

Jim White Associates. Um we have on our construction plans designated a 30 foot rideway to the north. Um, if you have future development, you're going to want more right away. Take it now. Don't pay it later. It's just easier to give you 30 now.

Steve's amended his motion. A motion, a second. All in favor say I.

I. Oppos. Same sign. Item C, public hearing for Din Sheets plot. Okay. Your third case today is SD 2025-10 and it's considered the preliminary plat approval of the Sheets minor plat. The applicant is Dorine Sheets 1111645 South US 231. I do have that up on the map and that is Loga address. The existing land use is there's a single family dwelling and a vacant commercial property exist existing zoning is commercial and neighboring property zoning is agricultural and residential. The request is for a preliminary plat of the sheets minor plat. The proposed plat splits existing 7.7 acres and splits two lots out of that. The first lot is 1.8 8 acres including the existing single family dwelling and the former body shop and lot 2 is a 312 of an acre adjacent

to 11619 south US 231 and that site is a single family dwelling and the petitioner plans to transfer 312 to the lot owners. petitioner is asking for a waiver on lot size as this is a cleanup of parcelization. The property is excess from US 231 and has a required frontage for the for the two lot minor plat property. So it would be two lots. One is a cleanup lot behind this parcel that I just highlighted straight back and it would add acreage to this this piece of property. And the remainder of the second lot is this piece which is 1.8 acres. The proposed lots are all served by on-site septic and private well. Uh there's no special flood hazard area on the properties. No delineate wetlands and no drainage pan required because this is all existing on the properties with no development. Um, you do have your findings and staff does recommend approval of the waiver and of the preliminary plat for the sheets minor plat. Does petitioner have anything to add?

Any questions from the board? Yeah.

Okay. Any other questions from the board?

Okay. At 4:17, we're going to open public hearing. No public comment. We'll close at 47. to entertain a motion to approve the green sheets. Dan, go ahead. You'll need to vote on the waiver first and uh that and take that as a single motion and then vote on the platform. Thank you, Dan. Like a motion to approve the waiver.

Second. Motion a second. All in favor say I. I same sign. Now we will. Motion to approve the plot. Motion. We have a second. The second. All in favor say I. I. Oppose. Same sign. On to other business. Um, we need to switch these agenda items around. Uh, so B is going to be our our first item of business. PA 2025-7 public hearing for the final plot of Twin Oaks 8 and 9th edition. So PA 2025-7 um the preliminary plat was approved last month and they're coming to you with final plat for this. Again, this is a plat amendment of Twin Oaks 8th and 9th edition. As you remember, there are three parcels involved. There's a utility parcel along Blue Beach Lane, a cleanup parcel between 1814 and 922, and then the remainder parcel that you have on your plat. Again, it is just a plat amendment, and no changes have been made to that plat since our last meeting.

Thank you, Mark. Does petitioner have anything to add? Does the board have any additional questions for Mark? Having none, at 420 we'll open public hearing. No public comment will close at 4:20. like to entertain a motion to approve the final plot for Twin Oaks 8 and 9th edition. Motion and a second. All in favor say I. I. Oppose. Same sign. Next agenda item is C. the public hearing for the final plot for Pine Meadows Minor. Right in the same area, we have the minor subdivision of Pine Meadows and it is a two lot subdivision. Both both lots are two acres or more and nothing has changed on the plat for this one either. And it is a minor subdivision. Any other additional questions? Open the public, Steve. Yes. Okay. Open the public hearing at 4:22. Close it at 4:22.

Like to Entertain a motion to approve. All in favor say I. Oppose. Same sign. Next item is public hearing on the fugit vault 44.1. Apologize. Okay. Sorry. Your last case today is subdivision 2025-5 and it is to consider the final plat approval of the fugate vault 4401 subdivision. Again, applicant is Louisa Fugate and property location is the 2000 East block of 1200 North. Nothing has changed on this plat. And again, this is a a single lot plat which was given a waiver by the plant commission during preliminary and no develop no development at this time. So nothing has changed with this plat. So I

introduce it for a final plat approval today. petitioner anything to add.

Thank you. Does the board have any additional questions? At 424, we'll open the public hearing. 424 Close it. Like to entertain a motion to approve. Motion a second. All in favor say I. I. Oppose. Same sign. Okay. To make a motion to adjurnn. We have a second. All in favor say I. Thank you.