Board of Zoning Appeals - Regular Meeting

I'm calling the April 7th, 2026 meeting of the board of zoning appeals to order. We'll begin with roll call. Garner here. Gley here. Richie here. Wendell here. Jacobs here. The minutes of the last regular meeting on March 3rd, 2026 are distributed to the board members via mail or email. Are there any corrections? If no, entertain a motion for approval. Motion minutes. I motion we approve. Second. I have a first and a second. All in favor say I. I. Okay. Um, Ty. do you want to come up and

um so I do have a proposal for you um understanding that many of the members that are here this evening are in interest of the shed project that's been going on in South Point. Um I'd recommend moving the memo section of our third case to the beginning. That way it'll give um the individuals that are here for that um the option and the choice if they want to stay and listen to the rest of the cases. They're more than welcome to or if they want to take that additional application with them and um enjoy the rest of their evening if they wish. Okay. Kind of giving them the option. That's what you mean. Should we make a motion of that? Yeah. To uh move the memo forward only.

Right. To adjust the agenda. So, what we're looking for is if we'd be okay with that, that might be able to relieve some people to be able to leave early if they would like if they could read the have the memo. I motion we move the memo first to read it. I'll second that. Any discussion? Okay, there's no discussion. I'll call for roll call. Let's do it if you would. Garner, yes. Gley, yes. Richie, yes. Wendell, yes. Jacobs, yes. Right. Yeah. So, excuse my flipping through, but there's a few slides between now and where that is, but we'll come back. Don't worry.

Went too far. Yep. There we go. All righty. So, I put together a memoir packets. Um, this is the presentation form of that. So in summary, in early to mid uh March 2026, a violation discussion occurred and subsequently led to multiple homes receiving notice for non-compliant sheds. There are a number of comments or questions that have come up and can be clarified below uh through the remaining slides. Um through beacon aerial imagery, I was able to identify that there are 31 sheds within the subdivision. 13 of those are meeting the setback or have received variance. um 18 are in too close of a position either to the side or rear yard setbacks or both. Uh so for the analysis, the South Point subdivision began in 1996 and has continued through four phases with construction continuing to take place. Phase one was approved in 1996, phase 2 in 2000, phase three in 2023, and phase 4 in 2011. Yes, I said phase three occurred in 23 and phase 4 and 11. That was just a matter of timing in terms of which phase came next. Technically that far western section is phase three. Um with the northern section being phase 4, but they kind of readjusted when they went through that development phase. Uh the subdivision is set to reach over 60 lots upon full buildout. Over the course of time, new lots have been added in this traditional with suburban development. There's a desire/ need to store items in separate structure uh as an accessory structure typically a shed. Accessory structures do not require permit when under 120 ft whether above or below the cutoff for a permit. All structures shall meet required setbacks or receive applicable variances. The subdivision including all of its losters zoned R2 suburban residential for historic purposes through uh though in

2007208 the zoning ordinance for the city was rewritten and replaced in its entirety. The subject lots are referenced in previous cases for the members of the subdivision were zoned SU suburban district. The setbacks for pre208 under the SU designation and current R2. The setback is similar for the sideyard setback and rear yard setback at 10 foot and 10 foot to the side and 2025 uh to the rear respectively. The current setbacks are 10 and 20 ft 10t side 20ft rear. There have been more than a dozen administrative appeals that have been filed through the clerk's office and the majority of those requests are to uh quote unquote stop moving a yard shed. the shed was there when we moved in. Requests for additional time and clarity to resolve the issue. So, continuing into the analysis, there have been discussions around what if the shed was built pre208 and whether or not the regulations would apply to their shed versus a neighbor that had the shed that was installed post 2008. Uh the concept is typically referenced as grandfathered or grandfathering. Uh but the proper uh reference would be a legal or illegal non-conforming structure or use. A structure that met the standard of the time when the standards uh when the standards changed no longer met the new standards is considered a legal non-conforming structure or grandfathered. Meaning when you put that structure in and it met the setbacks of that time and the standards changed on you, you were considered legal, non-conforming, or what is commonly known as grandfathered. There are items that are not constructed to standards of that time, past or present. And if it's still not meeting those standards, would be considered a violation of that ordinance. A veil violation may exist for days, months, or even years before

it is addressed. Chapter 8 of the zoning ordinance discusses the regulation around legal and illegal non-conforming structures, lots and uses. This is a direct copy from article 8 uh non-conforming structures. It gives the definition and the continuation of legal non-conforming structures. Non-conforming structures by definition are any structure lawfully established prior to the effective date of this ordinance or its subsequent amendments that no longer meets the developmental standard and shall be deemed a legal non-conforming structure. Again, the example of if you built it and met the standards of that time and the standard changed on you, you are a legal non-conforming structure. legal at that time, non-conforming in today's standards, a grandfathered or an acceptable use. The continuation of those legal non-conforming structures uh go into section B is a legal non-conforming structure may continue provided that it remains the same or fits within the below described tolerances and it gives three of those. Uh the first of them being any legal non-conforming structure shall be in shall not be enlarged or altered in a manner that increases it nonconformity but any structure or portion thereof may be altered to decreases non-conformity. Number two, any legal non-conforming structure which is intentionally altered to conform to the requirements of this ordinance shall therefore conform to the regulation of the district in which it's located and the legal non-conforming features may be may not be resumed. Uh number three, if a building or structure is moved for any reason for any distance, it shall there thereafter conform to the provisions of this ordinance. End quote. So for analysis number or continue number three, there have been a few variance requests from the subdivision that have a variety of success over the last couple of decades. A case in the mid200s sought to reduce the setback for both the side and rear yard setbacks which brought up the

concern of the setbacks from the septic system tank and field uh being met which uh significantly reduces the options of where an accessory structure can be sided on that property. U a portion of the conversation revolved around uh this being a new structure or new subdivision and that the owner and the and building should be planning what to do with a property before constructing the home itself. and inadvertently creating a future issue. This case was ultimately denied uh the reduction in a vote of three to one uh reducing the sideyard down to 2 ft. A separate case later in the 2000s requested to reduce the sideyard setback um to 8 ft and was approved 300. A third case in the mid2 2010s was approved to reduce sideyard setback of 10 foot and rear yard setback of five foot on a vote of five or four zero. So in conclusion, as we can see within the ordinance, even if a shed was constructed or placed prior to 2008, even if it was done by previous owner, the shed either has to meet the regulation of that time it was constructed or placed. Um, any shed that does not meet the regulations of 10T sideyard setback and 25 or 20 foot rear setback pre and post 2008 respectively will need to pursue a variance of development standard to reduce the applicable setback from the requirement to the desired distance. The reason that the request before the board is an appeal should be a variance of development standard and not administrative appeal is that the basic violation is that an accessory structure is too close to the property line and the appeal would be whether or not it is too close to the property line not how long has the shed been there. A variance of development standard is a request to the board of zoning appeals to typically reduce or exceed the limits set in the

zoning ordinance in that district such as setback or impervious coverage etc. So there's several individuals and we're closing in on the mark of about 15 administrative appeals. Um a couple have called us out to look at their shed in association with the setbacks. Um we've had a couple look into applying for a variance of development standard instead of the administrative appeal. Um, we have prov we have um 15 copies um up here at the front to be able to distribute um for individuals that are seeking to keep their shed where it is by reducing the setbacks from whether it be 10 just as an example. If it's just a sideyard setback that they need to meet and they already meet the 20 foot rear yard setback and they want to reduce it from say 10 foot to two foot. That variance application is the variance of development standard and they would request that that application be to reduce it from 10t to 2 foot. Um a successful application as you're aware of as a board of zoning appeals is also providing a site plan showing why um those cases are coming before the board and what's kind of giving that need

right

from that property itself. So, it's not uncommon for properties with septic systems to need some level of variance of development standard. Um, especially in that given area in the size of lot that it is. Um, so it's not out of the ordinary for them to be needing to pursue a variance of development standard. Um, unfortunately it hasn't come up until this time, but at this point in time, um, we wanted to make sure we shared that information because we knew several, uh, neighbors were going to be coming in attendance to tonight's meeting in association with the one administrative appeal that we have on the agenda today. Uh, we've discussed, uh, at length with the applicant who's representing the owner uh, for that case this evening. I know they've had several conversations with neighbors um about that process and what it looks like. Um the decision to appeal uh the building commissioner's determination of that that shed is too close. They can uh continue forward with that appeal. Um but the only thing that would be appealing is whether or not it is too close, not whether or not that setback can be reduced.

Gotcha. Does the BCA have any questions?

These all have to be handled in a case- by case basis for each property. Correct. Every case is its own. Uh just like every every septic system on a property is its own. They may be similar in certain instances, but um just like septic systems are all based on how big is the house, how many bedrooms does it service, and what dirt may be differently from lot to lot as we're sorry, you can ask one. No, good. As we're looking at potentially redoing some of our zoning ordinances, is there any idea that some of this might get changed as well in the future?

So, that was part of the discussion. I was having with the building commissioner on contemplating what does it look like to begin reducing uh certain setbacks potentially for accessory structures and uh we were getting into some discussions on um what does the building code require uh when you're talking about uh safety from structure to property line those sorts of things. And so we haven't been able to complete um that process because we're in the middle of a land use update uh for our entire classification for the city itself. Um but it'll be one of the many uh setbacks and other development standards that we're looking to identify and address. Um, in my time as a planner, um, we've always looked to make sure that all structures are maintainable on all sides without having to go on to adjacent properties. And so, um, it hasn't been uncommon to look at a 5-ft setback uh to those spaces. Um, not to say it hasn't been bigger or smaller in different instances. Um, but you never want to count on your neighbor allowing you to come under their property to maintain your own property itself.

So, Ty, did this come about because the building inspector had learned of some of these being out or did something what what triggered all this? Just out of curiosity. There was a conversation um about violations. Okay. And disagreement between property owners. Okay. Yeah, I disagreement led to um several letters. Good. I have no further questions, you guys. Thank you. Thank you. Um

I'll go ahead and place the applications on my front chair. So, if anybody wants to grab those applications, they're more than free to. Um they don't necessarily have to stay. um they're more than welcome to stay and be a part of the rest of the uh cases themselves, but want to make sure we brought this forward to have an opportunity to have that discussion. Sure. So, we'll go ahead and jump back to our first case. Yep. BZA 2026-04.

Almost there. Before you start, I want to share all this. Yes,

you're good.

Okay. So BZA 226-04 Candace Hunter we have a variance of development standard to increase the lot coverage and reduce setbacks 5 foot off the alley located at 106 North Walnut Street Plymouth Indiana 46563 identified as parcel 504292 303169 triple 000019 zoned R3 traditional residential district. So the request is the applicant is seeking a variance of development standard to increase lot coverage and reduce setbacks to 5 foot off the alley located at 106 North Walnut Street, Pmouth, Indiana 46563. And they provided a uh drawing of the proposed structure. So, as you can see here, they the house is uh towards the west and the pre-existing shed, detached garages on the east hand side up against the alley. Um they've since removed it and they've began construction. Um that's when they received a stop work order so that they can make sure they're getting their proper variance because they we're not going to meet their rear yard setback. So, here's the structure approximately 5 foot off the alley and they were in the middle of pouring their pad for that structure and they've since been stopped or bordered. here's the drawing again a little bit bigger. So for the analysis that is seeking to

reduce the reard setback from 15 to 5 ft and increase the maximum block coverage from 65%. The previous structure since it was currently down since it was currently down and a floor was mostly poured during site visit sat approximately 0 feet from the reared property line and increased to 5t from the property line is closer to the standard on record. Uh according to the property record card, there was a detached garage that was 14 by 18 feet and the new structure is proposed for 24 by35. So there is an increase in being within the setback as the structures wider at the alley than the previous structure by nearly double. The total lot area is approximately 5,400 ft. The permitted square footage that can be covered under ordinance is 3510 square ft. The house, pool, and walks account for approximately 1,800 square feet. The previous garage and driveway account for approximately 504 square feet, which totals an approximate 42.6 total lot coverage. Uh, with the new garage and driveway, the total percentage is 51.4 U, which is below the 65 maximum. The increase would be within the estimated range, but additional coverage may occur with the property development or may be um missed from that calculation. uh but you're still for 13.6% under. So to the decision criteria before you tonight is the general welfare adjacent property and practical difficulty. For criteria number one, the approval should not be injurous to the public health safety and general welfare as the development is moving away from the alley right ofway. Uh for criteria number two, the use and value of the adjacent property should not be substantially impacted. For criteria number three, the strict application of the ordinance would not permit the proposal, but there has been several detached garages built near the rear property line. Some are less than five foot from the property line and

other uh increase the distance varying up and down the alley. So for recommendation and review of the application and supporting materials along with review of the available site data, staff would recommend approval of the reduction of setback to 5T and the request to increase in previous coverage is not needed but does not object to the increase from 42.6% to 51.4% that is under the 65% regulation is now up for board determination with staff recommendation of approval to 5T. Any questions for staff? Was there a building permit issue? Did this start with? No. So, this work was begun without a building permit.

And then were you notified of it? Is that why you did a stop work order? I was I was Yeah. I was in the alley with meeting another homeowner and noticed the concrete crew out there pouring concrete and that's when I went over and issued the stop work order because there was not a building permit. Was it a local contractor? Yes. They're unaware that they needed a building permit for this. Apparently, there was some miscommunication between the property owner and the contractor of who was pulling the permit.

Thank you. No one asked. No, take it. That was right. I'm good. You good? Okay. Okay. Will the petitioner or representative please step forward to the podium? Please state your name and address for the record. Candace Candace Hunter 106 North Walnut Street. Anything you want to anything more you want to say? This is your opportunity to

No. And it's my fault that I didn't get a permit prior. I did go in a couple weeks before to go meet with that gentleman. He was on vacation. I just thought I had to have a permit before we put the structure up. I didn't know that I had to have it before the concrete was poured. So, I had every intention of getting one, but we my husband's going to build the structure, but we weren't going to do that until the concrete was poured, and we knew that the concrete had to settle for a certain amount of time beforehand before we could ever start building. Anyways, so got I did initially go in to try to meet with him, but Sure.

questions, Ken is part of the concrete. I was in the alley today. Oh. Has a corner of it been removed or No, they stopped because they stopped. So they that corner that's got some loose concrete in it. Yeah, that's where they stopped. That's when they were pouring still. Yeah. So they stopped. Yeah. Okay. Right away. And is the five foot Dennis? Is that in the proper five foot now? Is it that going to make it? Because it's five foot from not the middle of the alley, is it? It's five foot from the property line, right? It's further back than the old garage. Yeah. Our old garage was right on the alley.

And the problem, Candace, is since you tore it all the way down, it becomes a whole new project. Doesn't matter where the other one's at. But I just want to make sure that if you're doing it, yeah, we've got in the right spot. It would go five foot from the property line or easement line and you're fine. The five foot, she's it's going to be tough getting the car in there, but you guys grant the five foot. That's their problem getting the cars in. Right. This is where we run into, you know, when we got two of them back to back and they're they both get a variance, then you don't have enough room on either way to back out. Per building code, if you're closer than 5 foot, it has to be fire rated. The wall has to be fire rated. So, if you grant any any structure, okay, closer

closer than five foot, they're going to have to fire rate the wall. Yeah. Even with the alley in between any any wall that's even even though closer than the five foot to the property line is a double way door. Candace, how wide's the door? The garage door itself 10 foot wide. So you got 10 foot door to drive into can it? It'll be Don't be afraid. We're just here talking trying to make sure we do things right. Anything else you want to add? Okay. Any other questions? Good. Okay. Thank you, Candace. I'll entertain a motion to open the public hearing. Some move. Second.

I have a first and second. All in favor say I. I. All right. Is there anybody in attendance that would like to speak in favor of the proposal? If so, please step forward to the podium. State your name and address for the record. Okay. Anybody online say anything? Okay. Can I say something? Yes, you can. Come on up. I I did go around all of the houses surrounding me and did get their signatures. I gave them a letter and I talked to them personally. I don't know if you want to see that. Sure. Just explain. You want to put this in the Yeah, you can look at it and get

just explaining and then I got signatures of everybody at least 300 ft behind me and next to me to state that it was okay. want to see this next I've already seen. Thank you. So, that was in favor. Is there anybody in the attendance that like to speak against the proposal? If so, please step forward to the podium and state your name and address. I don't think anybody cares about your project right now. I think something else. All right. If the applicant has anything else to say, I'll entertain a motion to close the public hearing. So move. Second.

I have a first and second. All in favor say I. I. I. All right. Board members, there any other discussion at this time? If not, I'll entertain a motion for approval, denial, or other recommendations. I motion to approve the variance. The variance of the five foot. You have a motion. I'll second. I have a second. Roll call. There are any more discussion? If not, roll call. Garner, yes. Gley, yes. Richie, yes. Wendell, yes. Jacobs, yes. All right. Time 26-4. You don't have to stay.

Yes, they do. So, they don't. If we have to stay, you have to stay. That's hard. So I can talk to Dennis going to get a permit and everything and then you can Okay. The next step will be to finish that cement.

All right. Next up, we have BZA 2026-05, Michael Fuentes. A special use exception to allow for a homebased business for a type 7 FFL business at 1216 North Center Street, Plymouth, Indiana, 46563 identified as parcel 504292 301 11019 zoned R3 traditional residential district. So for the request, the applicant is seeking to uh approve approval of a special use exception to allow for homebased business uh for a type07 FFL business at 216 North Center Street, Plymouth, Indiana 46563. So here's the subject property and then we pictures of the property then looking up and down the roadway. So for the analysis, applicant seeking to operate a homebased type 7 federal firearms license business offering firearm transfers, online sales, custom AR platform builds. I'm going to butcher this one. Cerakote.

Yeah.

Finishing and laser engraving. All operations are appointment only. uh low impact and a fully compliant with ATC and the city of Plymouth home occupation standards with no exterior changes or retail store front. So the decision criteria before you today for this case is the general welfare development standards ordinance intent unnecessary hardship comprehensive plan and some additional other considerations. Criteria number one, the approval of the request should not be interest to the public health safety or general welfare as se as several of these requests have occurred in the county or subdivision previously. Uh there's no storefront. Uh there's no there's no storefront um with visits limited to appointment only. Uh for criteria number two, the home all home occupation standards shall be met. Uh for criteria number three, home occupation uh style businesses are designed to fit seamlessly with the neighborhood and work to limit impacts to adjoining properties. Uh criteria number four, the strict application of the ordinance permits home occupations, but some requests require additional review before the board zoning appeals. Uh criteria number five, the comprehensive plan support of small businesses. And then for other considerations, topography and other natural site features is not applicable. Uh zoning of the site and surrounding properties is R3 traditional residential district. Uh driveway locations, uh there are no new driveways proposed. Parking, there's no additional parking needed. Uh landscaping, there's no landscaping proposed. Open space and other site amenities is not applicable. Uh noise production and hours of operation, it's limited to appointment only. Uh design and placement and architecture. Uh there's no new buildings being constructed. uh placement and intensity of lighting. Uh no new lights were indicated. Traffic generation would be minimal traffic generation is proposed. Uh general site layout as it relates to

surroundings. No new site amenities are proposed. Uh for recommendation based on the information provided, staff would recommend approval of the proposed use as applied. Now it is up for board determination with staff's recommendation of approval. Any questions for staff? I have none. Anybody else? We do not. Hi. Thank you. Thank you. All right. So, will the petitioner representative please step forward to the podium? Please state your name and address for the record. Hello. My name is Michael Fuentes of 1216 North Center Street. Thank you. I have no questions. Did anybody have questions?

Just tell us what you're up what you're doing. I'm just trying to apply for FFL like it says it's just to buy and sell guns online basically and build them at my home. And there's it's not going to be a storefront. It says by appointment only, but that's actually just to meet the ATF qualifications cuz I have to have a certain amount of times that I'm considered open. So, they can come through and check anything and everything, whatever they want to check to make sure I'm up I'm up to their standards. So, but that's but it's not going to be people coming and going and anything like that. maybe more AT or um Amazon deliveries and I mean just the delivery trucks. That's about it. But it's not even a whole lot. But you're not going to have like a Black Friday sale.

No, no, no. Yeah. Yard sale. Come on out, you know. No, nothing like that. I mean, I've talked to several of my neighbors in the area. There's a daycare right across the street. She had just some concerns about just because there's a big picture window in front of her daycare just about the children seeing guns. I said, "Everything's going to be in boxes that come and go for me. Any deliveries that need to be made, nobody's coming to pick anything up. it's me that's going to go deliver take it to the post office or if it's local I'll deliver it to their house but it's not like I'm not having guns dangling from the trees or like you said yard sales stuff like that with nothing like that at all. It's everything driving by you won't even be able to tell really anything that's going on at my house other than if you know you know. So do you have any experience in this business? One more time.

Do you have any experience in this business prior? No, not building yes but not the selling part of it. Yeah. So, but this is the first step in doing it to get the FFL, to get the federal firearms license. I have to basically get approval from the city for the zoning and everything like that because they're going to get a hold of you guys and ask you if I even did this. So, are you doing engraving, too? Is that what

That's the goal is to get to that point, you know, just to buy and sell for now, but to slowly just grow with the engraving, the cerakoding, the what and whatever else I can dream of. So, it's just I mean, obviously, every business wants to thrive and grow. So, it would be nice someday to move forward to a storefront itself, but I have to start somewhere. The seed has to be planted somewhere. So, So, are you going to do it in the house or in the shed?

No, it's going to be in the house. I according to ATF, I have to if it's in the home, I have to have a room that's dedicated to that, which I do. I have to have it. That's another thing like I said that a couple of the neighbors said that safety purposes. I have grandchildren. I have children. So my room has that room has to be dedicated with locked up and it also has to have inside the room I have to have safes of some sort holding the guns and those guns in particular also have to have locks on the guns. So it's not just the door locked and that's it. Yeah. Explain making these. There's no gunsmithing you know. Well just you can buy just like you can customize anything else your cars or whatever. You're not actually forging and buying No, no, no, no, no. I'm just basically kind of putting it together. However,

is there any type of gunpowder? No. No, I won't be It won't be ammo. No projectiles, nothing on site. No, there won't. You don't control that anyways. Don't come to my house. Me, too. But you He's going to take a forearm and put it with the rear. He's going to take and put things together. One's going to be black, one's going to be brown. One's going to be green, one's going to be blue for people. Yeah, I know. Well, it's also there won't be no ammunition. That's a whole different kind of permit. But that I mean I have personal guns and personal ammunition, but that's that's it. But as far as selling it in bulk ammunition, that won't that won't be happening. I won't be making bullets. I won't be making ammunition. Nothing like that there. I mean, maybe down the line, but not at that location.

So, you you have to actually meet ATF's requirements before you actually open up for business. Before I even apply for a permit. So, they'll come. Okay. Okay. So, you actually have to build out this room before you can even apply for the permit pretty much. And I have to Well, it's in regards to that. I basically it's changing my whole door. My Well, for me, I I'm going to change my whole door frame and everything like that. So, it's better locks and better everything. The house is 120 some odd years old. So, it's definitely needs an update. So, but yeah, there's a strict guidelines for the ATF to that I have to meet. Like I said, this I'm not even I haven't even gotten to the part of applying to the ATF yet. This is just a step to do. So,

you but you did the homework to correct to know that you needed to do that first. You need to do this first. Correct. So, but yeah, I say it's everybody that I talked to has had the same concern which was like I said just safety. Safety for the children, safety for any onlookers, traffic coming and going, which it shouldn't impede that. Is is the gutter trailer in front of your house your business or that's that's my boss's business. I work for that gentleman. Okay. So, but I need some gutters. I just I went by your house too today. Yeah. Well, I did have it parked in my neighbor's next to me cuz they had a little lot behind their house, but there's they're selling their house. So, they asked me if I could move it, so I moved it.

Okay. So, it may go back. What? It may go off the street. Yeah, it will go off the street. Yeah, that was just that just happened within the last couple of days. Okay. So, yeah, that's all I got. If you guys have any more other questions, questions. Thank you. Yes, sir. Appreciate it. Thank you. All right. I'll entertain a motion to open the public hearing. Second. First, second. All in favor say I. I.

Okay. Is there anybody in the attendance that would like to speak in favor of the proposal? If so, please step forward to the podium, state your name and address for the record. Online? Nothing. All right. Is there anybody in the audience that would like to uh speak against the proposal? If so, please step forward to the podium and state your name and address. Both call at the same time. Nope. One at a time. You can Yeah, line up. You could line up. You can get ready.

I'll only be a couple minutes. Um I'm speaking for the sellers residence. My name is Kathy Sellers. um 1211 North Center Street and um I was just opposing it because due to the safety of the Fuentes family and the multiple families, children and residents in the area, I was opposing it for this type of business in this area. I was I'm all for the people to have a right to bear arms for protection and for hunting, for food. I was just thinking there might be a better place than a homebased business for guns to be in a home residential area. Um especially I'm wondering if in the case of disgruntled customers having firearms and then I if it is going to be by appointment I they're not going to stick to an appointment. They're going to come. Um, I was also wondering if um once this address is known for having a place where you could get firearms, are there going to be more multiple people and traffic coming in this area? And I'm also concerned um if he did answer saying there wasn't going to be gunpowder or anything. I was wondering if people are wanting to purchase it and if they want to test it, where's that going to happen at, but I guess that's going to be maybe for the future. Um, I just think it it's kind of a dangerous hazard to be happening in a residential guideline and I'm thinking the city and federal guidelines are going to come in and out unannounced. So, that's going to be more traffic. Um, I'm just thinking we've multiple families have lived in this area for decades, peaceful and safe, and I'm wanting it to be nice so it will be continue to be peaceful and safe. I'd also like to say the Fuentes family is a very respected

family in the neighborhood as all of them are and has nothing to do with them. I'm just even concerned about their safety for their kids and everybody too. That's what my point was coming across. Okay. Thank you. Thank you. Thank you, Susie. Hello, I'm Georgia Shez and I live at 1212 North Center Street and uh

I have copies of what I'm about to say to you if you want them.

Were they in the packet? They weren't in the packet. Yeah, you can leave them up. You can leave them up there. I also have pictures of the property that I would like to share with each one. Mr. Jacobs, president and esteemed board members, I appreciate the opportunity to present my concerns regarding the 7 FFL special exception applications submitted by Mr. Fuentes. I live at 1212 North Center Street. My property is adjacent to the Fuentes residence and I have lived in this home for 57 years during which I have raised my children and now grandchildren and great grandchildren visit regularly. It is my sincere hope that our neighborhood remains a safe and secure environment for all residents. As a former business owner of a family business enterprise that operated locally for over 60 years, I am supportive of small businesses. I proactively contacted the planning director to clarify the nature of his proposed operations. Following this, I conducted extensive research, including multiple inquiries to relevant authorities such as the ATF office in Marville, discussions with local firearms businesses, and consultation with a retired law enforcement officer. I dedicated numerous hours to understanding the requirements associated with an seven FFL license, best practices for operating such a business from home and the specific handling and safety

protocols for Serakote firearm codings. My primary concern centers on the pres potential risk and responsibilities associated with establishing a firearms business in very close proximity to my residents. I am compelled to highlight ongoing issues with Mr. Fuentes property which reflect a pattern of neglect and disregard for community standards. The photographs I have provided illustrate the proximity of our properties and depict the accumulation of trash, vehicle parts, and miscellaneous debris on his property, some of which encroach onto my land. This situation has persisted for years with numerous vehicles remaining stationary for extended periods, many lacking valid registration or in an operable condition. Such neglect raises questions about Mr. went's capacity to responsibly manage a business that involves firearms which inherently carries safety and security concerns. There is a legitimate concern regret regarding whether Mr. Fuentes will adhere to the safety protocols, secure firearms properly, and comply with all relevant laws and regulations. His history of property neglect suggests a potential lack of responsibility which could translate into inadequate management of a firearm related enterprise. Critical questions include, will he ensure firearms are securely stored? Will he follow all legal requirements for chemical handling, disposal, and safety? Does he possess the necessary training and expertise to apply cerakote coding safely and effectively? Given his past behavior, it is reasonable to question his willingness and ability to operate this business responsibly.

Excuse me. Regarding the Serakote process, I have learned that it requires a dedicated wellventilated workspace due to the release of potentially offensive odors and hazardous fumes. The chemicals involved are classified as hazardous materials with specific handling, storage, and disposal requirements outlined in the material safety data sheets. Improper disposal or accidental release could pose environmental and health risk, especially in a residential setting. The proximity of multiple properties to Mr. Fentes resident makes it highly probable that odors and chemical vapors will permeate the neighborhood adversely affect residents quality of life. Furthermore, the flammable nature of cerakote coatings necessitates strict safety measures that are difficult to guarantee in a home environment. Excuse me. Insurance considerations further complicate the matter. A local insurance agent has indicated that homeowners policies typically do not cover in-home firearm businesses and few underwriters are willing to ensure an 07 FFL operation. If insurance providers are reluctant to assume the risk, it raises questions about the viability and safety of such a business operating within a residential neighborhood. Additionally, I have researched existing licensed 07 FFL businesses in our area and I found that all are located in commercial, industrial or rural settings, not within residential zones. This suggests that the established practice is to situate such businesses outside of residential neighborhoods to mitigate safety and community impact. Another concern pertains to the

potential for firearms to be carried openly by customers. As observed during my visit to Michigan Firearms, many customers were visibly armed, which raises safety issues, especially considering the possibility of visitors arriving already armed. This situation could increase the risk of firearm related incidents within the neighborhood, particularly given the presence of children and a neighbor nearby daycare facility. The safety implications of allowing a firearm business in a residential area are significant and warrant careful consideration. From an economic perspective, the presence of a firearm business in our neighborhood could negatively influence property values and the overall character of the community. The visual appearance of Mr. Fuentes's property, characterized by accumulated debris and neglected vehicles, does not project a professional or inviting image for a business. Such conditions could deter prospective buyers and diminish neighborhood desiraability. An individual with experience in firearms commented that the current state of the property would dispate would dissuade potential customers, further emphasizing the importance of maintaining a professional and well-kept environment for such enterprises. Community safety safety is also a paramount concern. The regular influx of visitors to the proposed business could lead to increased foot traffic and unfamiliar individuals in the neighborhood, raising security risk. I am particularly concerned about the safety of children, including my own daughter with special needs who frequently walks around the neighborhood. The possibility of individuals arriving with firearms or carrying weapons already on their first

poses a tangible threat to resident safety. I would like to quote a section from Schaefer Stuns that I found online because I believe it reflects the importance of the responsibility of a 07 FFL business. And I quote, "Starting a small firearm business from home isn't just about selling guns. It's about compliance, recordkeeping, responsibility, and doing everything by the book. Some people think it is easy. But the truth is, every entry in that bound book matters. Every serial number has to be right. Every form has to be complete. Because when you hold a federal firearms license, you're not just running a business. You're carrying a responsibility that follows you every day. End quote. Given these considerations, I respectfully urge the board of zoning to deny the special exception application submitted by Mike Gentes the potential risk to safety, property values, and community character outweigh the benefit of establishing a business in this residential area. It is essential to prioritize safely all residents and to adhere to established zoning practices that position such businesses in appropriate commercial or industrial zones. I thank you for careful consideration in this matter. I'd also like to show you because I went online to the AATF site and I present and I printed out all the firearms businesses in our area that are registered with the ATF. Four of them are in Plymouth. They're all storefronts. The others are in Argus, Reuben, and Breeman. And they're either in a country area or a industrial area.

Look at that if you'd like. Thank you. Questions? I don't else. Thank you. Thank you. Anybody else in the audience like to come forward and speak? Thank you. If not, I'll entertain a motion to close. I don't. Can I actually bring the applicant back up? Yes.

I'll let him go first. My name is Bruce Holllet. I live at 11359 Manor Drive, Plymouth. And my sister has just one just got done speaking here. And my biggest concern with what he's wanted to do is the cerakote. Uh, that's some nasty stuff of the fumes that you overspray. All the chemicals are flammable, highly flammable. The cerak coat's not sprayed.

Well, however it's put on, it's rubbed on, but you still have all the fumes coming off of it. And you have to have a well ventilated place and all that filtration unit when you go to dispose of it is hazmat. and with the condition of his property the way I've noticed it over the years is just not striking me as being truly responsible for taking care of that stuff in the proper manner. That's it. Thank you. Is it is it considered hazardous? Anything is you do that. Yes, it's a class B. Sure. Come on for I can do it. Yeah.

Okay. They can't hear you. There's people online. I'm sorry.

Thanks. I don't know who up here said that Sarah was not sprayed. Uh but when I was at Michigan Firearms, they said they wear a mask and it is ventilated and it is sprayed on and then they bake it. Yeah. It's dipped. And I I go to Michigan all the time. It's a dip. Yeah. But he also said they spray. Okay. Okay. Because I asked Yeah. Yeah. you did. I mean I and I sure would like to point out Bruce is also part owner of 1204 North Center Street. So he is there. Yeah. Yeah. I just wanted Sure. Thank you. Can the applicant come back up to talk about

Let's make sure that there's nobody else who want to speak against. Okay. I'm rushing. Is there anybody else that wants to speak against and then um should I close the public hearing and then have them come back up? So I want to make a motion to close the public hearing. So move second. All right. Okay. We got first and second. All in favor say I. I. Okay. Now, could the applicant come back up?

Yeah. I would have brought some, but uh just addressing any of that. The cerak coat, like I said before, all I'm going to be doing right now is buying and selling. The cerak coat was just moving forward something like this just a laundry list of things that come with all that. So, yes, I won't be doing. You have to get permission from the building.

Correct. There's more permits that go with all that stuff. So, yeah, this is it was just what the business at some point in time would entail. You know what I'm saying? At this point in time, no, I don't have the stuff that needs to do all that. It's just the buying and selling. As far as the condition of my property, as I said, I my property needs a lot of work, but I'm the only one there. My mother is elder, so I'm trying to help take care of her, and I'm a single father at the same time. So I and I work full-time, so I'm not making excuses, but at the same time, there's only so many hours in the day. And you know, I I don't mind helping, which I have before, any of my neighbors in the area. Some ask me for help, some don't ask me for help. Some just send letters to you guys about their concerns, whatever. It's But as far as to question my responsibility, I mean, because my yard's a mess, I'm not responsible enough to carry a business. you know, it's there. This is, as I said, this is the first step to getting the FFL with ATF. I Yes, I'm fully aware that there are other along the way classes and more learning that I have to do, but again, I stress this is the first step, you know. It's not like you guys say yes and I go home and bam, I'm off and running, you know. No, that's not it at all. You know, yes, I know that in order for things to look better, my house itself has to there's things that have to be fixed. And like I said, the rooms and stuff like that have to be re in a sense redone. The doorways for safety purposes. That was the like I as I said before, that was the biggest concern of anybody any of my other neighbors I talked to was the safety aspect of it. And again, I have kids. I have grandkids that I love dearly. And I would not want nothing to happen to them. And I have personal guns. And again, they are locked up. They are secured. They have no access to them at all. So, I mean, that's about all I can say in regards to any of that. You know, I I mean, my yard isn't the cleanest.

You guys got pictures. You guys have some of you have drove by. I mean, I'm guilty of having a messy yard. I apologize for that. I mean, if I got to clean it up, I'll clean it up. It's not a huge deal. It's, you know, pictures. There's plenty of pictures probably on file that have been submitted to you guys throughout the years. You know, you know, some people would just never be happy. So, any more questions, guys? Thank you. Yes, sir. Thank you for your time. And clarifying, Cerakote can be sprayed on. It's just not typical of Yes. It's all here.

All right. Any opposed? So, at this time, I'll entertain a motion for approval, denial, or other. Can we have some discussion?

Sure. So, um, and I have a couple questions for how we we do this. So, first off, I' I'd like to say to Mr. Fuentes, like I am one 100% for entrepreneurialship, small businesses, and I am 100% for guns. Like, I have them. I I grew up in Stark County. There's only two seasons there. Hunting season and yard sale season. In yard sale season, you're looking for hunting stuff. So the uh um I you mentioned like the the the coding was something that was going to come down the line and then then you mentioned earlier when you were talking about possibly down the line ammunition and whatnot. My question is, is it possible to maybe put a proposal forth that doesn't necessarily approve or deny at this point, but that he could come back that he could come back and maybe put together a plan like a multi-year plan of what your plan is a time-wise, like a business plan that you could say this time because we want to also respect the neighbors, you know, we want to those are genuine legitimate concerns that they're having and I I think uh we need to respect that as well. Uh, and maybe having you lay out a plan that you could come back and present to say this is the timeline I'm looking at for this, this, and this. Maybe that would help ease their mind.

Let answer your questions. He would probably answer that. By the way, he's looking at me, he's going to say no. But no um outside of a complete yes or a complete no of a given application you can approve something with modifications or conditions. Okay.

Where so as an example and this is not pushing you any direction or whatever. Um you could approve with a condition that he cannot serote laser engrave or sell ammunition under this application and he could come forward in the future if he's wanting to expand some of his services at that given location before going to a commercial scale or retail location. So, there's different ways to approve the business with the conditions that he's limited to not doing X, Y, and Z.

We could prove the building of the firearms and the the selling of the firearms out of that location and just say not the the other stuff until he gets in short, you could do a a percentaged approval. And Dennis, am I wrong that if he went to do anything like that, wouldn't you have to get a permit from you to be able to do that? Because it's a homebased business. Even though it's in his home, it's a homebased business. It's a homebased business. Um, harrol.

The cerakote he would have to come in from because he would be putting in exhaust fans and that kind of stuff. So, that would definitely come in for building permit aspects. Um the rest of it, we don't have a business registry. So, right. But what do you think the renovation permit for? Well, for just his door, doors if he's not changing the structural size of the door, he can change to anything that side of the house. He's not changing the structure of the house. Depends on that old house. He gets in low bearing walls. So,

yeah, but it would be hard to control. You can still put that in there. It didn't come back. He's not going to do it right now. So, yeah. I when when I I guess Can I talk ask him a question? You can ask him question. Um like you have no plans to use the coding at your house. Yeah. No, I said just

I just want to reiterate this speaker. Everything I put on there was just everything that I went through because I wasn't sure what what you guys needed to you know what I'm saying to know. So therefore I just put everything that I would like you know moving forward progressing to do. So if you put a limitation on no Sarah code to know this but that okay fine do that I you know that that's what it is in order and if if it's set to where I have to get I guess to a point where I have have to have a storefront or some kind of other exterior building and like an industrial complex or somewhere over there or something to do that in order to have proper ventilation or proper electricity or just nobody in proximity that's fine. I'm I'm I'm okay with any all of that. You know, it's but like I said, as far as like said the seroding and some of the other stuff, the engraved this and that. I mean, that doesn't need to happen right now. It's just moving forward for me moving forward with that to get permission for to have the homebased FFL. So, anything

anybody any anything else? Good. Thank you. you.

So, just like other homebased businesses, uh home workshops or uh home base, home occupation, homebased business and home workshops. Um it's not out of the ordinary for the BCA to consider a portion of a business approval. they an applicant is not out of the ordinary for them to provide you a full scale what they would like to be not necessarily within 1 to 3 years but 5 to 10 and so you can identify okay we're comfortable with this at this stage in time if you want to take that next step

come back and get the additional approval to do that expansion of business at that point you'll have additional information um the neighbors will have an idea if whether or not it is going well for them or not as well. So those types of approvals are also not uncommon for board zoning appeals. So he's just basically asking to start a business at his home. Correct. Correct. What he did there? Yeah. I mean, right.

Okay. Anybody have questions for time and more discussion I I mean I also know that it's very difficult to have neighbors where there's like such a differing degree of uh I mean we I we had homebased business had a homebased business for 20 plus years in our in our home. Um uh the uh can I ask Mrs. uh can I chief you know what if there's not going to be any of the coating if there's not going to be that the fumes that's not going to happen there at that place at that um that does that ease

it does not concerns some it does not ease when when you when what I understand and I'm read from the entire application. Um he's doing

I forget it. I'd like to make another point. He has not even lived in this home for the past four months. just a woman of the house. He's you know I have trouble with what he's telling you and not telling your question. I would say done what are we okay Is that going to be right? But in his application, he says that's what he's doing in in his in this form.

Yes. But we can make it to where that can't happen there. Yeah. So I'm still struggling with the clientele coming there that could be gun carrying people. I'm still struggling with the fact that he's not been responsible. Um, I'm I'm struggling with the fact that he hasn't disclosed to you that he hasn't even been living on this property for the past four months. Um, I must tell you that I also worked full-time, raised four children on my own. So, and me. And maintain my home. Yes. And you

And you maintain my home. Yeah. So to be say that he doesn't sound fine, everyone has fun or they can hire people to be inclusive but cannot do. So I do struggle with all of this and I got to be respectful. We have to follow protocols. There's anything else. So appreciate you have any other questions of me. Thank you.

At this moment if there's no more discussion I entertain a motion for approval, denial or other recommendations. I'd like to make a motion to deny the request. I'm not a favor of homebased businesses in a residential district at all. It disrupts the whole everyone's tranquility and people come and go. You if or if it's a thing where absolutely no nobody comes to his door. It's all through the mail. I do not like homebased businesses. I had one. You would never have known it because I was on the phone all day long. No one ever came into my house. That was it. But okay, we have a motion for denial.

Second. Any more discussion? Roll call. Garner. Yes. Gibling. Yes. Richie,

yes. Wendell, yes. Jacobs, no. Thank you. So that's 41 to deny the request. Do you want to go ahead and go forward then with EZA6? Yeah. Can we take one quick break for an old man? Understood.

Uh sorry. You want to start the Yeah. Can I have the control? It doesn't work without him. All right. Control. Thank you. But and that's all the people in that name. That's my concern is that's my concern is the daycare across the street. That's I I own multiple guns.

I do too. Well, I'm not opposed to owning guns. 100% prolet gun and uh just the concern though also too you know that was coming from them in and out most of the people who were going to you're having specialized stuff like that you should get rid of didn't use a background.

I'm sorry. That mic online. It's for the mic. It's for online only. Will to speak up. I apologize. And if you can't hear, please ask us to speak up. It's all right. I can hear you guys. Anybody that's way jacking that way. Yeah. Would you like to welcome us back to Hi, welcome us back online again and we're back in session.

Thank you. Um, so we have BZA 2026-06 James and Deian Quistle. An administrative appeal to stop moving a yard shed at 11862 Redbut Drive, Plymouth, Indiana, 46563, owned by Dennis Emmens, Senior and Margaret Emmens. uh identified as parcel 50329500460018 zoned R2 suburban residential district. So the request the applicant has submitted and submitted on behalf of the owner and administrative appeal to stop moving a yard shed at 11862 Redbud Drive, Plymouth, Indiana 46563. Um seeing as we've gone through uh the shed violation sidebar earlier, we're going to pass that unless you have an objection.

Nope. Please do.

So, we concluded the sidebar and now we're going back into the presentation. Um, so in question, here's the subject lot in the middle of the screen and the indication um shed of question. We went out and took pictures of the property looking up and down the road for clarity and then uh taking an image of the north side of the lot line. Um these are surveyor's markers uh identifying where the property line typically is. Uh so we're presuming that is exactly where the property's line is. And you can see a string has been strung uh between the two property owners uh adjacent to the shed in question. So this is a copy of the current zoning uh zoning ordinance for the R2 suburban district. The minimum rear yard setback is 20 ft and the minimum sideyuy guard setback is 10 ft. So for the analysis, a violation letter was sent to Mr. and Mrs. Emmens which included that the shed was constructed/placed too close to the property line. There was reference to BCA case 2004-32 of which setback reduction was denied. The applicant has sought to represent the owners due to the stress of the situation and work necessary to file the request. As indicated within the representation document, the owners have indicate in intended to be present for the meeting while the whistles represent during the meeting itself. The supplemental information indicates Emmen shed has been in place for over 15 years uh has never been an issue. Uh no neighbors prior to the new neighbor uh have had any issue with the shed and where it is. Uh Dewenzo was aware of the placement of the shed and had no problems with it being placed where it

is. Uh the notice indicated that the shed was too close to the property line and the applicant is appealing that they would like to keep the structure where it is. The appeal would not satisfy the desire as does not seek proper relief and clarity. It is more appropriate to have filed under a variance of development standard. An appeal of the decision cannot reduce the setbacks. An appeal of the decision would be more associated with a debate on whether or not the shed was too close to the line when relating to the setbacks. For additional information, a memo has been drafted for the proposal and included with the presentation of the this April 2026 BCA meeting. So for prior requests on October 5th, 2004 BCA minutes, uh BZA 2004-32 reduce the sideyard set back to 2 feet and rear set back rear yard set back to 6 feet for 11862 Red Bud Drive was represented by developer Dell Wenszel. Uh the request was denied 3 to 1. On March 6, 2007, BCA minutes BCA case 2007-04 to reduce the sideyard setback to 8 foot for a carport for 11862 Red Bud Drive represented by Dennis Edmonds, Senior. Uh the request was approved three. On the bottom of the screen are five pictures representing a history from 2003 to 2025 um based on Google Earth imagery. in 2003. You can see that the uh subject lot um was not built at that point in time and was since uh constructed between 2000 September of 2003 and March of 2005. Um at that time there's no obvious uh shed between 2005 and 2008 a shed was constructed and replaced uh behind the garage itself.

Between 2008 and 2016, you can see that they had a carport put on the we'll call it the northern section since Michigan Road runs at a an angle. Um we'll call it north side of the garage. Um by the time they got to 2025, that carport was removed in a a lean two style structure for garage edition was added. So decision criteria, the board shall only grant an appeal of such an administrative decision based on a finding and writing that the decision of the administrative person or board was inconsistent with the provision of this ordinance. So the decision in this qu in question is whether or not the shed is too close to the side property line. The request is to stop from moving the shed. So for your determination of which I only grant and appeal such an administrative decision based on a finding in writing that the decision of the administrative person or board was inconsistent with the provision of this ordinance. So what you are citing is the decision in question is whether or not the shed is too close to the side property line

which without a variance it is. That's that is the determination requirement of the board tonight. And there wasn't a very

building the variance was requested for the shed. The building commissioner identified the shed as being too close. The applicant on behalf of the owner has applied to attempt to keep the shed where it is. Um I've had several conversations with the applicant about that process. Um, and it's a discussion between that you're going to review. Dennis is available to provide input as you request and the applicant is here to uh share their information as well. So, I'd recommend um having the information from both parties, reviewing it, and if you have any additional questions, I'm more than happy to answer anything along those lines. administrative appeal is different in terms of it does not have a public hearing portion to this.

It's a determination of you that aspect me. Okay. I've got I've got some questions for you Ty and yes you might have to defer to is there what is the definition of a shed and do in my mind some of these sheds that were on that are on skids and can be moved at one. Huh? Can can Okay. Is this one permanent? Is this one attached to the concrete that's under it? I do not know the construction style of this shed has but it's on skids. They don't know. They said it's not.

The applicant can probably speak a little bit more to the style of construction. But is there any permitting differences for a one that's attached to the ground versus one that's on skid? Yeah, it's an accessory structure. Just Okay, that's the word. Okay. Accessory structure.

Our code requires anything 120 square ft and larger to have a permit. The Indiana building residential building code requires any structure 200 square feet or larger to be placed on a foundation. Okay. Between the size of the shed 200 square feet. I don't think the requirement for a a building permit or not really answers the question. Um, you asked the definition of a shed, but structure, right? And that's what the first thing I was going to say is what we really need to be considering shed on all this

accessory structure. A shed is an accessory structure, but an accessory structure according to the ordinance is a use building or structure, the permanent or temporary use of which is customarily incidental and subordinate to the use of the primary building or primary use of the land on which the accessory use building or structure is located. So it's any structure that's on the property that is not part of the residence but secondary to the residence. So even in that other case, the pool is considered an accessory structure. Yes.

Whether it's on a permanent foundation or skids, whether it's under the size requiring a building permit or not doesn't have any bearing on whether it is an accessory structure. Any structure that is secondary and incidental to the use of the residence is an accessory structure. What What was the size of this accessory structure? This one? This one? This one? I have no idea. There was no permit. I I don't know.

So, by saying yes to this, we say they can stay. No. Thank you. It is whether or not it is too close. The setback requirement for a sideyard setback is 10 feet. That's what I'm So. Do you see or not see the distance? Can I what it is? State a different way. Yeah, please. the the the question before you is whether Dennis made a correct determination that this accessory structure, okay, exists within the setback without a variance. Gotcha.

And whether whether you choose to permit that or not is not the question. That requires an application for a variance of development standards. The appeal is simply an appeal of Dennis's determination. And his determination is that it currently exists within the required setback. That's what I wanted to hear, Jeff. That's the first time I've ever seen an attorney make something more clear. Yeah, clear terms. It's been this has been here for 15 years, but that's not okay. Well, just be clear about that.

That is what was shared within the application itself. Okay. Well, thank you. Anybody else have anything else? Okay. Okay. Well, go ahead, Ty. How How was this, Dennis? How were you made aware of this? a resident in that area called and basically was complaining Yeah. about property lines and people driving around to get on and was driving through other people's property.

So, yes, it brought it to my attention. I went out there, looked at it, informed them, I don't know where your property lines are at. He had a survey done, had it staked. I drove back out there. And this is where we're at. Got it, you guys. All right. Thanks, Ty. I think All right. Will the petitioner please step forward to the podium? Please state your name and address for the record. Hey, Kim, come up too. Get up here, too. We're out of our element, so it's okay. Just I didn't prepare anything. You don't have to.

All I know is I am Deian Quistle. I live at 11905 Sunset Court, Plymouth, Indiana 46563 around the corner for uh from Denny and Maggie Emmens who we are representing. Um Denny has had several health issues in the last two years, cardiac especially. She's representing them. I'm res representing them because I care about him as all the neighbors in here do and the stress that one neighbor has caused on him. He's now having some issues again. Thank you. I I was wondering how you were heart condition. Got it. Okay. Okay. So, next to their daughter, we're the closest. I get the phone calls and my husband gets them to help them.

Gotcha. We are originals in the neighborhood. There's several new people in the neighborhood, but there's also a lot of old. And we care about our neighborhood and we take care of each other. We don't complain about each other. Gotcha. So, in question, we got a phone call um that his new neighbor, as of last year, was upset that he was mowing around his shed and their yard. He was com the complaintant was complaining that a neighbor behind him was dying of cancer and people were parking in Emmen's driveway, walking through their yard to go to a dying man's house. So, that's what I'm dealing with. We're all dealing with. Gotcha.

Um, was is the shed too close? Yes. Did we file, I guess, the wrong appeal? Yes. But I didn't know what I was doing. And I then also approached the neighbors before they got their letter saying, "We need to support the Emmens family to not have to move this shed that's been there 15 years or longer." And it is not on a slab. And real quick, Denise, uh, Dennis, if we agree with you that it's too close, they could go back and do an appeal, do the right appeal to get us to approve or deny it's staying there and varants. That is what I didn't know. I'm a nurse. Y, this isn't my forum.

So, yes. Um, as myself also got a letter and my husband for our shed, as many in this room did get letters about their sheds, we all probably filled out the wrong form because we did not know what we needed to do. Now we do and we will all fill those out if that's what's necessary to then appear again. I'm assuming May, the first Tuesday in May to come before you again to hopefully not have to move our sheds that have been there. Ours, my husband and I's been there 20 years. Yeah.

Emmens has been 15. I mean, everyone can speak how long their sheds have been, but we've just had the one neighbor move in that has caused this uproar in the neighborhood. Gotcha. Any questions, guys? Dennis, are there fines associated with this? Thank you. Thanks for asking. Um, it all the wrong forms were probably on me because I told them to just file an appeals because once an appeals has been filed, it stops fines,

any violation, fines or anything like that. So, that's the quickest way to file appeal. It stops everything and waits until you guys make your decision. There could be fines. I spoke with the Emmens when they first got their letter, informed them I was willing to work with them. They talked about moving the shed. I told him just give me a contract from the contractor that you will be moving it. I'll work with you on the time frame. I will try to work with anybody as much as I can. Once it does stop the forward process, that's when the plan's implemented.

So, is the plan to move it or is the plan to I don't know what his plans are. No, I don't think so. She's saying no. Yeah. on the very you guys good question. I would like to clarify one thing. Our next meeting will not be the first Tuesday. I may have told some people the wrong thing because they filed at end of March and I was not paying attention. Nothing. It's Wednesday because of primary election. Right. You have to confirm. So it be the first Wednesday in May. Right. You got something you want to say? You're coming back up. Just being of assistance where needed.

I think I'm going to open it up to the public and hear what people got to say. Get ready to if you wish. Is that That's the next step, right? Doesn't have to be doesn't have to be done. Oh, decision. Oh, okay. All right. Do show of hands. So, what do we Well, we we could What do you want to What do you guys want to ask? I don't know if public hearing was there's a lot of we should have been telling if a developer did it. Yeah. if if they have any I'm gonna I'm gonna switch to the other part of my role and and give you uh my advice as to

um you've asked some some good questions that are completely irrelevant to the decision tonight. I understand the curiosity. Most of the questions you've asked about moving the shed or the age of the shed or the size of the shed are relevant to the discussion of a variance application. They're not relevant to the discussion of the administrative appeal. Once again, the the simple question before you tonight is did Dennis measure correctly that the shed is less than the required setback from the property line? And then if if your answer to that is yes, then you should deny the appeal with the understanding. And I believe the the property owners understand it's a confusing process that nobody should should be critical that uh they didn't understand the correct form to file. Um understanding that they can come back and apply for a variance at the next meeting as long as they get their application in in time. That's when all of those questions will be relevant.

And if they if they file that, does that stop any fines if they file that one? It it does. And I would also add to that that fines are discretionary and despite what some people say, Dennis is a pretty reasonable guy and I I did believe he's made it clear that he's willing to work with any of these property owners to understand uh the process and what they need to do. You guys understand? Um just to answer that question also, if Dennis were to issue a fine, they can appeal the fine and come back to you with administrative appeal at the fine. I'm good. So, so then I really just want to call for actually a vote or a motion.

I would recommend that that be your next step. Yeah, I call for a motion. Can I make a quick note to the audience? Sure. If there are additional questions or anything along those lines about your situation, I'm happy to stay here and answer whatever it may be until the last one has received the guidance, whatever may be before you leave. I have one question that might clarify it for the whole does every person in our subdivision file an individual variance and then you guys are going to do an individual hearing for each and every one of us at the next meeting and and each case stands alone

and if you have a covenants in that neighborhood you have to go back and follow the covenants too we do not override the covenants we don't we don't regulate covenants matter let's just kind of box that send it elsewhere. I also like 1906, Indiana 4653.

Thank you. And I would also like to state if anybody here received a letter that they think that their accessory structure meets the setbacks. I am more than willing to make an appointment. I will come out and measure it. I've already done it a couple times for my house and get everybody to approve it like this because if somebody falls asleep I I have a question. Can we make this process any harder? I mean really can we? I'd love to see that happen. So there there are some different improvements we can do internally in relationship to letters or anything along those lines

before next month's meeting. A lot of problems do come. A lot of problems do come because we don't as individuals follow the rules. I included that I don't you I didn't know what I was doing and then you just move forward with it and you didn't ask the right people and like when you're building a house. So I mean it comes on us too a lot of times to create as citizens

there. Every given individual has their own specific ind industry in which they do their day-to-day living and jobs and careers and whatever it may be. So, they're very good at those portions. This happens to be where Dennis and I live in terms of industry, so we're pretty familiar with it. And so, we're always more than happy to have those conversations. um calling in and asking questions or setting up an opportunity to talk to different officials and representatives between our department. We're always more than happy to have those discussions. Yep. Um so does that answer the question you're on the floor? Yeah. Yeah. Okay.

Seriously, that's what it comes down to. I get it. Yeah. All right. I already asked for a We I need a motion. Yeah. I need a motion to do something. I make a motion to confirm Dennis's decision. He did the right. Is that what how you want it worded? How do you want it worded? I saw you jump. If if if your intent is to uphold Dennis's decision, then it would be a motion to deny the appeal. I I move we deny the appeal because I believe Dennis did his job accurately. I have a motion. Do I have a second? Second.

So I have What are we doing with that motion? I mean, what's the the plan moving forward? Is that they're going to if they need to. So they have an opportunity to we're not just shutting them out. No, just checking on that. Good point of clarification. Yeah. All right. So, we have I have a motion to deny the the appeal. The appeal. Do I have a second? Second. Paul second it. Roll call. Garner. Yes. Gley, yes. Richie, yes. Wendle, yes. Jacobs, yes. If everybody's got a shed out there, file, go get the stuff and fill it out.

When does that variance for the sheds need to be in to meet the deadline for May? We all need to know that. Please do. I'm sorry. I'm putting my back to them. You're the ones that need to know what's going to happen. So, there's an application up here on the front chair. There's 15 of them. Ideally, there's 15 or less of you that need them. If not, there's more available in the clerk's office. Um that application is going to be due next Wednesday the 15th. Um ideally that application goes through and it fills out

who you are, who the applicant is. Some of you may represent the owner of a particular property that may not be available, whatever it should be. Um ideally you identify and give us a small site plan. It doesn't have to be anything super fancy. put on a piece of copy paper and help us identify where your house is, where your driveway is, where the road is in relationship to your property. And for many of you, where is your septic system?

And then key, where is the shed in question? So that gives us an idea of where's the septic and why is the shed where it's located. smaller lots out in older subdivisions. 96 doesn't exactly sound old, but it's older, newer subdivisions that run on septum systems commonly are hindered when trying to develop any accessory structure. Typically, sheds however on those sector structures um because you can't place those or should not place those on the septic systems creates issues. That's it. So, that application and any additional supplemental information that you can provide to help us out um is greatly appreciated and have that in by the end of business.

Yeah. Next Wednesday. I'm going to add to that.

The deadline is the 15th of each month to get on to the meeting agenda for the following month. Next Wednesday. It's coming up soon. As we've already said, some of this can be complicated and confusing. I just confirmed with Dennis that if you're not able to get your application submitted by next Wednesday to get on the May meeting, then he will give you another month to get it in by May 15th so that you can be on the June agenda. I would highly recommend you get it completed and turned in as soon as possible, but if for some reason you're not able to do it by next Wednesday, then get it in as soon as possible after that for the June meeting agenda.

Yeah, we can't have to do it one spacing out. 15 once in terms of tonight is a very similar fashion how things run. The first application that comes in comes up first and it works its way down through that. That's your incentive to get it in. Could be done. And so again, more than happy to stay here and answer any questions you come up with and I'll be here until the last person decides it's time to leave.

And I just want to say we're a volunteer board. We're just like you, citizens of our community trying to make good decisions for our community. And sometimes it's very hard and it isn't by popular vote. It's by what we see and do. We could have 100 people in here for 100 people against. We still got to follow the guidelines and rules. And we don't most of the things we're talking about has nothing to do with really what's going on. But does it fit their criteria? It wouldn't matter if it's you know if I wanted a lot of times there's questions asked and talked that has nothing to do with how we can decide and comments that are made. It's really about the criteria we have to follow and we make mistakes. Well, I I maybe these guys do. I don't know. I

That's everything I have. Gotcha. All right. This evening Dennis, do you have anything for us? If not, Dennis is coming up. Okay. Hold on. I just want to put it publicly that if you buy a pre-built shed, it needs to meet setbacks and it may need to be put on a foundation and anchored down

depending on size and stuff. Right. And that's that's the problem we do, Dennis. You're right. We have contractors tell you that you don't have to do things. We have realators tell you you don't have to do things. They don't have that's like me telling you a law. I don't know all the laws. You got to come into the people that actually control them and run them. And that happens to us a lot in here. And then what happens is we have to figure out as a a board did, you know, was it intent, not intent? And then sometimes they didn't know that what they were doing was wrong, but we still have to make a move it or do something different. This this board is what's called a quasi judicial board. We are kind of like judges. You you you cannot reach out to any of us and talk to us about your individual shed case between now and then.

And we're not even allowed to talk to each other about it before we come in here. We don't talk about the cases before we come in here. Yeah. Okay. Sir, you have to state at the end of the meeting, please. All right. Are we good, everybody? I'll entertain a motion to adjourn the meeting. I have a motion we adjourn the meeting. Second. I have a second. All in favor say I. I. Thank you.