Board of Zoning Appeals - Regular Meeting

29th meeting of the board of zoning appeals to order. Um we'll start with roll call. I'm Anthony Ciphers. Greg Zinc present. Chuck Williams present. James Moore present. And we do have one vacancy. Um, first order of business tonight as our first meeting of the year is the election of officers. So, we have a president, vice president, and secretary. Currently, I'm the president, Chuck is vice, and then Lori was secretary.

Do you guys want to retain and then nominate secretary? Yeah, I I'll I'll stay as vice president. Second that. Okay. All right. All in favor for retaining president vice president say I. Those opposed. All right. So, we do need a secretary and there are two options. Greg. So, we have nomination. Greg's been nominated. Greg is about to nominate James. Greg, I'll nominate Greg. All right. Greg's been nominated by two All in favor say I. I.

All right. Greg is our new secretary. All right. [clears throat] Moving on. We just have um one more item before we move on to our two hearings tonight. Um the date and the time of the meetings. Um there it was brought to me the mayor and then Gina had brought up that it might behoove us to move the board of zoning appeals meetings to the hour before plan commission meetings just from a resource and time standpoint. Um seems like it would make a lot of sense. So do that the last Monday of the month at six o'clock.

Correct. So la last Monday of the month at six o'clock with planning commission to follow at 7. You need a a motion. Yeah, if you guys are okay with that to move it to Monday night before the planning commission meeting. I second that. Motion's been made and seconded. All in favor? I

All right. [clears throat] Next tonight we do have two public hearings. Um, I am going to go out of order because I believe most people are here for the first hearing and I think there are two people here for the second hearing. So, just to respect their time, it's probably going to be really quick and then they can get out of here and we can move on to the other hearing. So, um, a little bit about how this works. Um, we [clears throat] will invite the petitioner up to sort of state their case, let us know what they are asking of us. We'll ask questions um get some more information. At that point, we'll go ahead and have public comment. So, anyone here who wants to speak can we can impose a fiveminut limit on people speaking. Um for the sake of time, if someone has already said something, please avoid redundancies. You you're welcome to come up and speak, but if if everyone's up here saying the same thing over and over, it it kind of just drags on and isn't really productive. Um, so [clears throat] after public comment is closed, we'll have the petitioner come back up. We can ask more clarifying questions. Um, and at that point, we take all the information we have and take it under consideration and we decide whether to approve or not approve. So we give a little spiel on the elements and the factors to be considered. Okay. Um

let's well if you don't mind let's go ahead. Yeah but let's do 2026-2 first.

Yeah and each one of them are use variances. So this will be applicable to both of the uh hearing items tonight. Uh both are variances of use. U the board of zoning appeals may approve or deny variances of use from the Salem zoning ordinance. According to the Salem zoning ordinance, a use variance may be approved when such use is not contrary to the public interest. It's due to condition and due to conditions peculiar to the property uh and not the result of the actions of the applicant. The literal enforcement of the Salem zoning ordinance would result in unnecessary and undue hardship. The Indiana code uh specifically uh 36-7-4- 918.4 4 uh says that a use variance may be approved only upon a determination from the board of zoning appeals. That first the approval will not be injurious to the public health, safety, morals, and general welfare of the community. Second, that the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. Third, that the need for the variance arises from some condition peculiar to the property involved. Fourth, that the strict applications of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought. And fifth, the approval does not interfere substantially with the city's comprehensive plan. Um so again in order to approve a use variance uh there must be a determination that um each one of those factors have been satisfied.

Thank you. With that um we'll go ahead and we'll start with docket number 2026-2 which is Mrs. Dawson if you don't mind coming up here please. And if you don't mind, once you get up here, if you'll state your name and address for the record. Name and address of your address. My personal. Okay. Uh Kelsey Dawson. My address is 1400 North Shelby Street, Salem, India. Thank you. All right. So, what do you have going on with this lot with pull barn on Market Street?

Yes. I'm going to try not to say too many words. My husband said brevity. So, um, we recognized that there was a need in town to have somewhere for kids to be able to go, especially during the winter, that's inside where they can run around and um, have community with each other and connect with each other. Um, it was a it's been a topic on social media for years. Um, everybody saying, "Why doesn't somebody do this?" Um me and my husband are in a position where we are lucky enough to have a rental property and um have enough to be comfortable. But um we thought, okay, I guess if somebody's going to step up and do this, then we should do our best. We have no clue what we're doing. We have no really reason to be the people doing this, but um we've had foster kids um through our house. We still get them regularly even though back they're back with their parents. We just had them today. And even to this day, we don't have a place in Salem to take them other than McDonald's playground when it's snowy and they need to get out and exercise and move around and play together. Um, so we um mortgaged a um building at 1000 West Market Street. It's a auction barn. You guys are all from around here, so I'm assuming you know a little bit about it. Um, it's on five acres. And what we would love to do is be able to make it kind of a faith-based community center where it's safe and kids can come and play and interact. And we really don't know

what the plan would even be at this point except that we've purchased the building now and we are just taking this step by step and any hurdles that come at us we are hoping to work through. And if this is God's will, then we will keep working through the hurdles. And if it's not, then we'll turn it into a place for family reunions. So, um, right now it is it is zoned residential one. We would ideally like to make it um a spe like do a special use permit to be able to hopefully accommodate people to come and use it as a community center. Um the inside would be a place that people could potentially come and play pickle ball and um use the playground. Moms could come and use it during the day. Homeschool people could come and use it as a place to get out of the house a little bit. And then eventually the ideal situation would be to develop the five acres um and do like we have no idea but like zip lines and um if the city doesn't end up doing like a splash pad eventually maybe um that could be something we would do. And we're not trying to compete with the Y. I've already met with the Y. Um we're not trying to compete with the city. What we're trying to do is fill in needs that the city has that they're not that nobody else is doing that we know that the community needs. So, we are very open to whatever we would need to change to be able to make it happen. Um, if anybody opposed it because they felt like it would be a disruption to their neighborhood, we would be open to suggestions to making it so it was doable um and that everybody was happy with it. Um, we are I mean I guess that's where we're at right now. So point of clarification, I guess the

where we're at is this auction barn is zoned R1. So that prior use, the use of it forever has not been R1. And to do anything moving forward, we're going to need a use variance granted. Pretty much any use of that pole bar is going to require a variance. All right. Does anyone else have any questions right away?

Okay, you can go ahead and take a seat for now. All right. So, is anyone here for public comment related to this hearing? If you if you are, please go ahead and come up up front here. Please state your name and address for the record here. My name is Olivia Jones. My address is 114 Standard Street. Thank you.

I own the property at the end of that that butts up right next to it. And before it gets turned into anything, I would just like to know what it's going to be used for because there is things that I would not like to have in my backyard. You know, anything that's going to um bring a lot of people late at night, I am not interested in that. You know, I have I don't have a lot of company, but I do have my grandchildren over there, and they're used to being able to run around back there. I would not like something that brings a lot of vehicles back there if that would be, you know, right now it's just a yard. I know that things need to progress and but is that really somewhere we want that to be at? I just don't know. you know, I'm not sure exactly what they're talking about putting in there. Um, doesn't sound like she really knows what they're planning on putting in there. So, it's hard to say if I am for it or against it at this point because they don't even know what they're going to put in there. But, if it's like anything that's going to bring a lot of traffic, I'm just not even really down for that. That's about all I got to say.

Okay. Thank you. Thank you. Does anyone else have public comment? If you if you would please come up here. My name is Jana Francis and I actually live across the street, but I own property that butts up against that. I would love to see something here for the kids. But I do have a question for Miss Dawson. Uh the I'm sorry. We Anything has to be addressed to us and then we'll we'll direct questions.

Um she said stuff about a zipline and stuff through their back. You know, I just think before they make those decisions, they should go over there during periods of heavy rain because that turns into a lake back there beyond that property. [snorts]

all the all the water from up on our properties which are uphill run down and gather between that and the cemetery. Just that's something that might need to be mitigated or looked at. But I would be satisfied with a fence across the back to divide my property from whatever they want to do back there. I think it would be great. Plus, I think it also connects to the walking trail. At least through the cemetery, it does. I believe. Okay. So, that that's a great thing. Thank you. Thank you very much.

Anybody else before we go ahead and close public comment? All right. If you wouldn't mind coming on back up here. [cough and clears throat] So I think a point that got brought up which is very valid is in granting a use variance it's you can't be too vague about what exactly are you granting the variance to do. Um that's not to say that can't you know a future date if it's things slightly change and you need to go ask again. Not saying that's something you can't do

but [cough and clears throat] As far as this goes, let me find it on here. Right now, what your variance is asking for is a basically a nonprofit community center with indoor and outdoor recreation. Um, from the sounds of the outdoor recreation part, you know, could be any number of things. Is that fair to say? an undescribed future date if and when it becomes feasible. Is that fair to say? Yes. Okay.

Um I don't know from a from the building itself talking just the building. I mean anyone feel free to chime in with me. um forget about out outside for just a second, but just the building being used for this use, a community center um geared more towards children's activities. I don't I don't I don't see it negatively impacting or being contrary to the requirements now outside because we don't know and that those are long-term things. I I don't really

can we can we ask for them to give them the variance for the building itself for now and then come back or that's for the whole property. [clears throat and cough]

Well, so what what you can do is you can impose reasonable conditions on an approval if you want to approve um in a more narrow sense. So, something that you may consider if you're inclined to approve it. Um, and if there's some question marks about what the nature of the outdoor recreation um improvements or things that you might do out back would be. um is, you know, you could you could approve the use of the structure for the recreation that they're seeking and then require them to, you know, come back to the plan commission or go to get staff approval uh in the alternative for, you know, before they go and say if if it's ziplining or if it's a baseball diamond or a soccer field or whatever outdoor recreation it could be, basketball court. um before proceeding to to do that, you know, and and require a second approval for that. Um that's something you could consider doing. Um do you know what hours of operation you would consider having?

Not after dark. Um and I'm sorry that I didn't clarify that. And I I will also say we had a very distinct idea in mind and we've kind of opened it up to be more vague now because um um a class at IU um they do a business development business development plan for nonprofits around Indiana and they spend a whole class semester preparing like a strategic plan um and they pick one project in Indiana per semester. and um the Washington County Community Foundation presented our project to a professor, that professor at IU, and they had it narrowed down to two different projects and they chose ours. Um and so they're coming August 3rd on site and they're going to like develop a whole plan for us. So, we kind of wanted to leave it vague in case they wanted to kind of create what they would think like as kids or kids, college kids who just came from being kids, like what their dream like layout would be for a community center in their towns. Um, so we had kind of envisioned and I mean our 10-year-old daughter drew out a big map of what she would love to have there, but it was more like Huber style [clears throat] just backyard like naturecapes. We're not planning on having roller coasters, and we would love to have roller coasters, but um it's all going to be like wooden structures and very like familyfriendly. Um and we had figured that um as part of a um courtesy to the neighbors that we would do a privacy fence for everybody's sake. Probably insurance would require it on our end anyway. Um, but that's I'm so sorry I forgot the question, but I had forgotten to say that's kind of why we were vague about what is going back there.

Sure.

Yeah. So, I mean, again, along some of the concerns that have been brought up and [clears throat] and you know, the maybe lack of specificity with what the plan of action is with the property. um you could give a conditional approval and and seek or require further approvals if if they're going to, you know, go beyond the building and start doing some some different things outdoor aside from just letting kids kind of just play outside. Um but again, you can also impose reasonable restrictions on um you know, hours of operation, things like that. And but but I do think it's also important to say too that you know the there is a noise ordinance. you know, there are [clears throat] lighting ordinances that are also already in place that anybody has to abide by anyway. So, those are also there as a as a back stop to um whatever you would condition in the approval.

Okay. [clears throat] I I I think it'll be a good thing for the community for you to try and the building I think suitable for what you're wanting to do. You've got ample parking and everything there. So, um, but on on the outside of, you know, in the back field that you'll come back and and check with Ronnie and see if he thinks that he can approve what you want to do or it needs to come back through the board. We'd go that way. But I I'll do a favorable vote.

Okay. So, Chuck, let me restate. Motion made to grant approval for the bu conditional approval for the building assuming that any outdoor structure activities would need to be at the lease brought before Ronnie and assuming they might also need some sort of variance, it might come back before the board at that point. I got However, the use variance for the use of the building on the property as a nonprofit community senate with indoor and outdoor recreation

would be approved to [cough] allow her to come up with a plan to submit to the state of Indiana issued right all right so the mo motion has been made want to second Chuck's motion I second that motion made and seconded all in favor I those opposed All right. Thank you guys. All right.

We're now going to move on to docket number 2026-01. Um, who is here to represent the applicant for? If you wouldn't mind, would one or both of you come up and Thank you. [snorts] All right. Could you go ahead and state your name and address for the record?

My name is Steve Ruth. I live at 635 South Tristan Court. Thank [clears throat] you. All right. So, we have this application here. And who are you to the applicant? He's my son. Thank you. [clears throat]

So, is the by by he's your son, would that be the is he the sole owner of the LLC? That's the applicant. Okay. Okay. So, [clears throat] it looks like the use variance is being sought because the parcel is currently zoned RR and the desired improvements on the property would be a duplex or multifamily structure and RR does not allow for multif family. Is that correct?

Okay. Um, Jacob, I'm not sure if it's relevant or not, but the is the why a duplex. Is that even a question to ask or is that irrelevant? I I mean, no, no, you're you're free to to ask. Okay. Any questions? I mean, just a little background on I I see the address is different state. What's the

He lives in Wyoming. and he's the CEO of a power company [clears throat] out there, High West Energy. He's from here, raised here. Most people know him. Most people know us, but uh me and my wife were both 70 years old. He's been after us to downsize and he bought this piece of property for that purpose. And in the meantime, we had another family member, same age as us. Well, family friend, she's thinking about the same thing. And he said, "Hey, you want to build I'll build a duplex. Her take one side, us take the other. It'd be a nice piece of property. He wants a concrete driveway. It would be set up nice. He's not going to put in anything that cause any problems."

Can you check, Ronnie? Sorry. It should be on. It should be speak to it. Okay. Yeah. If you don't mind looking a little bit and it's hard to hear back there. Okay. But yeah, it'd be He's not going to cause any problems. It's not going to be rented. It's not going to be rented out to other people in and out, things like that. We're not going to cause any problems.

There you we won't be causing anybody any problems, you know, it's just uh he thought about just building us a house, you know, just and then he said, "Well, she wants to move up here, too." And u she wouldn't be no problem. She's a widow. Kind of looks out for her and things. So, you know, it's it's not a and a property is already perk tested. it perked good, you know, so he's, you know, taking care of just about anything. Only thing, if we got the variance, we're still looking at the cost is what's going to come in, you know, that may negate anything, but it's u he's got an architect working on the plans, the outside plans and things. So it's, you know, he's and that's what he went to Purdue for was construction engineering and he's he owns some other properties in other states, but he's trying to just help his parents.

Okay. I see here's a what appears to be a potential floor plan for the Yes. the duplex. That's you know, that's potential. The architect's working with it. He wants to make sure everything's up to code and, you know, everything's set, right? Does anyone up here have any questions at this time for Mr. Ruth?

Okay. Well, for now, thank you. We're going to follow the same format as last time where we'll have public comment and then we'll probably be calling you back up. Okay. Thank you. Thank you very much.

All right. There are several people here, I think, to make public comment. So, we'll kind of just we'll go we'll be respectful of each other and kind of pick an order and just go in that order. Uh, who would like to start? And if you could state your name and address. My name is Sarah Lease and I live at 289 South Beta Road. Okay. All right. Or is yours?

So I guess Okay. I guess I'm trying to understand zoning. So, right now it's zoned as an RR. If it's changed to an R, the question is for permission to to zone it as a

That's a It's a good question. I see where your confusion is. What's being asked is for a use variance, not a reszoning of the parcel. It's the difference between saying I would like to change the zoning of this particular parcel from A to B forever as opposed to the zoning is this and I am seeking a use variance for any number of reasons. So the reason here is they're wanting to build a duplex and an RR technically multifamily is not a listed permitted use and yeah I mean I guess functionally too and and it's a little bit of a difference in procedure. I think it can end up it could end up in the same place. So um [clears throat] a a use variance and and I recited the criteria and I can again uh here in a moment.

Um basically that this board has kind of the exclusive decision making from a zoning decision standpoint on um whether to grant or deny use variance. But in order to do so, it has to determine based upon an application the information provided by the applicant and then whatever information that you know someone such as yourself who may come up and speak at a public hearing take that information into account and determine whether the five statutory criteria have been satisfied in order to be able to grant a use variance. So that that's basically saying, you know, property is zoned to this. This isn't a permitted use here. I'd like to do it and I think I've satisfied these five criteria in order to do it. And then they have to prove it to the board and then the board grants it. A reszone would be in this circumstance, you know, again, it's RR a duplex or attached single family dwellings not allowed in RR. It is allowed in our R3 zone. Um, so hypothetically, if the applicant were to say, I would like to reszone this from R to R3 in order to be able to by right build this type of um dwelling. Then they would submit an application uh to the plan commission. Plan commission would have a public hearing just like this uh on the application for a reasonzone. And then the plan commission would either give a favorable, an unfavorable or no recommendation. And then it would go to the city council and the city council would have the final say in whether to reszone the property or not because a reszone is technically an an ordinance or an amendment to the zoning ordinance and only the council can amend an ordinance.

the the Board of Zoning Appeals can just make its very specific set of zoning decisions that the Indiana code allows it to make. So, that's a bit of a procedural um background on the difference between the two. Um but but again, I think the most important thing is is with a reszone, it's really up to the legislative discretion of the city council to make that decision. Whereas with a use variance, it's there's discretion with the board of zoning appeals, but it's it has to find that it satisfied the the five statutory criteria in order to do that.

So, our biggest concern was what it was going to get used for, rental versus home ownership. It sounds like it's going to go into home ownership, which is much better in my opinion than having renters constantly in and out because renters don't typically hold um as high of you know to their property as a homeowner does. Um how does it work? So, if you give a um a variance, how does that work? If they should pass away and it it's still under the same owner, if the son owns it, but now it's they're no longer living in that, can he change that to a rental or does that require more?

So, with with a v the variance is for the use, you know, like having the structure there. So, it's just that type of structure is not allowed on, you know, on that um site without either a variance or reszoning it to a zone that does allow it. Um, you know, the reszone just goes until the property were to be say zoned again and somebody quit using it. But I'll save you some of the details there. with a a variance. There are times in which the board can say it will this variance is only for the applicant and when the applicant ceases to own the property, the variance goes away. From a practical standpoint where the variance is to build a certain type of structure that would not otherwise be permitted, that functionally really doesn't happen in that circumstance. you would need it to run with the land. Um, or so long as the structure is on the on the property because you don't want a circumstance in which you've approved it, someone's built a structure and when say they move and want to sell it, they're they've got to tear it down. Uh, essentially, um, it kind of I think it would defeat the purpose of what the applicant's seeking. Um and then it becomes an enforcement issue for the city to compel someone to to remove the structure. Um so there's a little bit of a practical issue with that.

Okay. All right. Answer. I think it answers most of my questions. Yeah. Thank you. Yeah. Thank you. All right. Was there more public comment? I got a question I want to just ask the board. Sure. This has nothing to do with anything other than the reason, right? This has nothing to do with anything other than the the use variance to build a duplex on the parcel. Correct. That's the only the only thing being sought is the ability for that

in the application. And it's only that block of property only only this specific lot. Nothing no other lot. No other just this one specific lot. What's being asked is a variance to build a a multifamily home a two-unit home basically.

Yep. That that is the only thing being asked in the application. Does anyone do we need to invite the applicant back up for additional questions? Does any come on back up here? [clears throat] So you you plan on putting a a black top drive in and things like that or he's went putting concrete because he said

it's there. you don't have to maintain it as much and you know and naturally upfront it's going to cost more but over a period of years you know it's and u he's very particular you know and Chuck you know I am too oh I am

but uh we don't you know like I say I can't guarantee what will happen to this property something happens to me and my wife or the other person from what he's wanting to do when he retires move into it. Him and his wife, his his in-laws lived a couple of miles from there, you know, and and he's he said if something happens to one of us one side, he come in and stay in that one and, you know, so he it's not something he's planning on moving us out and start renting it in and out. He he don't he owns some rental property in a couple other places in other states [snorts] and they've had some issues and the people's not there now. I mean they don't they don't mess with it, you know. He don't want anything tore up. No problems. So he's very particular, you know, and it it wouldn't be, like I say, I don't want to think I'm at that my point in life to where I need to do something like this, but I am, you know, we're just ready to do something different, you know. So, and he's trying to help us that way.

Right. Right. And like I said, you'll have proper drainage for everything. And yeah, the lot lays real good. Good.

It's good. It's he had a perk tested just to make sure before he started this because said there's no use to even try to do this if it won't perk right and there's a guy from Cordon Kyle Nicks and I think he's the head of some water board or something he's does construction septic systems up on everything. he's went out and checked it and he said I can put in this type of system and he said it would be be fine you know with stuff and he talked to Chris Bowling about it and things and Chris said yeah he knows Kyle he does good work so but there's and you know as far as we'd be a good neighbor we don't bother anybody you know so we don't want any any of the neighbors to think that there's going to be an issue with with us you know we have any pets. The lady that's moving in's got two little bitty dogs, but she keeps them in the house, you know, so there's no issue with anything like that.

Understand. All right. board seem as it's just the to me this one really is the peculiarity of the ordinance is strictly written stuff. That's my two cents right there.

It's going to be a residence 50 years from now, too. So, yeah. It's not going to be something that's going to be a problem. You know, he'll keep it. Now, like like I say, we can't guarantee what'll be 20 years from now, 50 years from now. You know, I mean, nobody can, you know. I mean, way with any of the neighbors, something could happen to them one of them. And the next person moves in might not be real desirable. You know, you can't really control a lot of things. But

my neighbors thought that about me when I moved. You know that's Yeah. [laughter] But if you guys got more questions, I mean, we'll we'll answer them. If you don't, we'll find out for you. I think we're ready to go ahead and I'll make the motion to approve docket 2026-01. Motion's been made. I'll second that. Motion. Motion's been made and seconded. All in favor? Those opposed? All right. Thank you very much, sir. Okay. Thank you.

All right. With that, we'll go ahead and uh move to close the public hearing for the evening. Um I don't we don't need a vote on that, do we? Okay. Public meeting. The only thing then that we need to do, unless anyone has any new business tonight, is have a motion to adjourn. I'd like to welcome the journ. All right. All in favor? Those opposed? Meeting adjourned.