[0:00] You're going to call to order the regular meeting of the Foy County Board of Zoning Appeals held on the 22nd day of.
[0:06] June at 5:00 PM. At this time, we'd like to have roll call.
[0:12] Here.
[0:14] Here.
[0:15] Here.
[0:17] Here.
[0:21] All righty. Thank you very much.
[0:23] We like to approve the minutes of the May 11th ZA.
[0:27] If at this time.
[0:29] I need a motion.
[0:31] I'll still move.
[0:33] I've got a a motion. I need a second second.
[0:37] I am second all in favor signify by aye those opposed likewise. Thank you.
[0:42] All righty, at this time we.
[0:46] New business agenda item number one FC-05-26.
[0:52] Dash 26 Conditional use permit this time.
[0:55] Frank will give us his report.
[0:58] Alright, good evening.
[1:01] Got docket number FC-52626, Petitioner New Albany, Floyd County Schools.
[1:07] With Representative Cole Cooper with BRCJ.
[1:10] This is located at 6575 Old Vincennes Rd. in Floyds Knobs.
[1:15] Parcel number 220301400061.000004.
[1:22] The request is for a conditional use for an athletic field, as an accessory to a school use and a residential.
[1:28] Zoning District.
[1:30] Petitioners requesting a conditional use to allow a proposed softball seat field as an accessory use to the Floyd Central School
[1:35] campus containing 214.03 acres across several parcels.
[1:40] In the Georgetown Township and located along Old Vincennes Rd.
[1:44] And approximately 2 miles from the intersection of Old Vinson's Road and Hwy. 150.
[1:48] As the site is zoned rural residential, a conditional use is required for the school and any expansions not covered under the
[1:52] plans of a previous conditional use approval.
[1:57] The proposed softball field would be located to the northwest of the existing school building and include.
[2:02] A synthetic turf playing field, sports lighting, press box, concession stand and spectator bleachers.
[2:10] And here's the site. There I've got marked in X the location of where that would go.
[2:16] So there's.
[2:19] The justifications the conditional use will not be injurious to the public health, safety, morals and general welfare of the
[2:22] community.
[2:25] The proposal will provide a community gathering space and encourage healthy activities through sport Youth sports program.
[2:31] #2 The use and value of area adjacent to the property role will not be adversely affected.
[2:36] The subject property is already in use as a high school campus with existing athletic facilities.
[2:41] The proposed use is not expected to greatly increase the intensity of the existing use on the site.
[2:45] #3 The need for the conditional use results from conditions unusual or peculiar to the subject property itself.
[2:52] A conditional use is required.
[2:54] Due to the zoning of the properties rural residential.
[2:57] And an existing youth school is present on the site.
[3:00] For the strict application of the terms of the Floyd County zoning ordinance would result in an unnecessary hardship, and the use
[3:07] of the property rezoned to a higher intensity zoning district would allow many uses which would not be applicable for this area.
[3:13] While a school is listed as a conditional use here.
[3:16] Five, approval of the conditional use will not contradict the goals and objectives of the Floyd County Comprehensive Plan.
[3:21] In the Comprehensive Plan Community survey, 82% of participants agreed with improving public infrastructure as a preference for
[3:25] the community.
[3:29] Within the theme of Place to Play, creating public spaces and expanding recreational and park activities were listed as
[3:32] objectives.
[3:37] For staff comments.
[3:39] On June 4th, the Technical Review Committee was held to review the development plans for this proposal.
[3:44] Further information was requested regarding both lighting and a retaining wall, which has since been provided.
[3:49] For the neighborhood commercial zoning district where this uses allow by right.
[3:55] Uh, there were various things that were reviewed at that.
[3:59] Technical review committee.
[4:01] So petitioner has met all development standards for the district.
[4:06] And I've got those listed out in my staff report at the different chapters and sections.
[4:13] #2A waiver of the development standards requirement is not required.
[4:17] #3 The proposed development is consistent with the Comprehensive plan because of the previous comments for the proposed
[4:23] development plan is consistent with the intent of the District as set forth in the Floyd County Zoning Ordinance.
[4:29] 5 The proposed development plan does satisfy the following development requirements.
[4:35] That's the design of the proposed development plan provides adequate pedestrian connections within the development and safe St.
[4:38] crossing to adjacent land uses.
[4:42] Lighting is designed to create a unified and consistent lighting package for the development.
[4:46] And lighting in parking areas do not exceed.
[4:49] 20 feet in height.
[4:51] The proposed development is not.
[4:53] In a residential urban location and it's not in the multifamily development.
[4:57] The proposed development is not.
[4:59] Located in the Highlander Point.
[5:01] District or the Edwardsville Gateway District?
[5:03] And then I've got a couple other images here. So this is the site plan as presented to staff by the applicant.
[5:16] North is towards the top.
[5:18] And then here is a view of the site looking S from old Vinson's Road. So this is where the previous elementary school had its pick
[5:24] up and drop off. That school where the building was torn down a while back.
[5:30] So it's located just behind that, and this is a view of the site looking north of Edwardsville. Galena Rd.
[5:36] Behind that cops of trees there right here is one of the sets of the lighting plan, showing where the illumination kind of starts
[5:41] to die off in that ring.
[5:46] Might be a little hard to see.
[5:49] And then here is the equipment layout for the lighting plan pointing towards the interior of the site.
[5:59] Right.
[6:01] Make sure didn't miss any notes.
[6:03] Yeah, So that's what I've got for you. You good? Yep.
[6:05] All righty. Thank you. Frank. Tonight before you leave, do you see my have any questions for Frank at this time?
[6:10] Good job, Frank. Appreciate that.
[6:12] At this time.
[6:13] The Petitioner.
[6:15] Would like to come forward and present.
[6:24] Yeah. So I think, sorry if you can hold on just one second. So just for the audience members that were raising your hand, the
[6:27] process is that.
[6:31] The staff gives their recommendations and overview of the project. The applicant then has an opportunity to come forward and
[6:35] present their requests before the board.
[6:40] After that point in time.
[6:42] The board will ask for anybody in opposition or in favor of the project.
[6:46] The applicant then has an opportunity to come back up and answer any questions that may be lingering out there by the board and
[6:52] then the board will vote. OK, so I saw some hands go up. There will not be any questions answered. OK, You'll have an opportunity
[6:57] to come up and raise your concerns when the appropriate time is called for.
[7:02] OK.
[7:03] Was already applicant. If you can go back and state your name and address for the record before you start.
[7:07] We also don't have full board that wasn't announced either.
[7:10] That is correct. We are one board member short, so the applicant has a right if they choose to to.
[7:15] To table your agenda item until there's a full board.
[7:19] Any approval requires three of the four members present.
[7:23] OK. Thank you.
[7:25] State your name and address if you will.
[7:26] Young Paul Cooper with BRCJ.
[7:29] Or address is 13.
[7:32] 51 W Tap Rd.
[7:34] Bloomington, IN.
[7:37] So yeah, I think Frank.
[7:41] Pretty much covered the bases that I'd like to talk about.
[7:44] I would like to add that we.
[7:45] Have received approval from.
[7:49] Floyd County storm water.
[7:50] And.
[7:53] And have been working with.
[7:54] VPS architecture on this project.
[7:59] It's and, uh.
[8:02] And and must.
[8:03] Musco Lighting.
[8:05] Provide the.
[8:06] Provided though.
[8:07] Lighting diagram but.
[8:10] Other than that.
[8:11] Yes, the sites.
[8:12] Pretty straightforward.
[8:14] There is some.
[8:16] Improved parking spaces that weren't mentioned.
[8:19] Those there is an existing parking lot there. They do not meet ADA requirements so it'll be Milton resurfaced to.
[8:26] Accommodate those.
[8:28] And then Ada access to.
[8:30] All of the.
[8:36] Yep. Alrighty. But let's see if I have any questions for Cole.
[8:40] No, no questions. Thank you, Sir. Thank you.
[8:43] At this time we open up for session. Anybody wants to come up?
[8:47] And speak publicly in favor of this project. Please come forward.
[8:53] Seeing there's none this time, we'd like to have anybody would like to speak in opposition of this. Please come forward. State
[8:57] your name and address for the record.
[9:12] My name is Jerry Nowicki.
[9:15] I reside at 6644 old Vincennes Rd.
[9:19] Which puts this right across the street from my house.
[9:23] Red brick.
[9:26] I would like to know. I feel like.
[9:29] Living there I already.
[9:33] Sorry, I'm gonna pause just for a second. So you're directing your comments to the board. It's not a question answer, it's your
[9:37] opportunity to express your any concerns you have to the board.
[9:41] OK, OK.
[9:42] My concerns are with lighting.
[9:46] That's already in my opinion.
[9:48] Disgustingly overused at that school.
[9:51] This is going to be more LED lighting.
[9:54] And I'd also like.
[9:56] Like to know if there's any plans?
[9:58] To.
[10:01] Along the street.
[10:04] Block it.
[10:05] Oceans. Trees.
[10:07] Something to.
[10:09] Keep that business on that side of the street.
[10:16] Thank you.
[10:17] All right. Thank you.
[10:20] Somebody else was coming, yeah.
[10:29] My name is James Duffy and I live up on the hill behind the football field.
[10:34] And.
[10:35] Sorry if you didn't state your address for the record please. Your address for the record, please.
[10:40] 3124.
[10:43] Brazil Lake Parkway.
[10:48] When we moved in and.
[10:49] 2000.
[10:51] The old football field was in existence.
[10:54] And all the speakers.
[10:56] For that football field in the crowd.
[10:59] Pointed east.
[11:00] And now?
[11:01] The main speakers for the football field point West.
[11:05] Come right up the hill.
[11:07] We've measured.
[11:08] Sound up there as high as 105 decibels.
[11:13] During a game.
[11:14] There are people that have access to the.
[11:18] I don't know what the control room that will come in and.
[11:21] And play loud music.
[11:23] While the kids are practicing.
[11:25] Just for fun.
[11:26] You know, if it's not going to go up the hill and interrupt my life, I don't care.
[11:32] But many times it does.
[11:37] We couldn't tell by this diagram. I'm assuming that the.
[11:41] Darker Gray.
[11:43] Is where the seating is for this.
[11:46] Does anybody know?
[11:47] We'll get you an answer that when he when he comes back up, we'll get you an answer, Sir.
[11:51] OK. I'm sorry you guys stay with us.
[11:55] I'm worried about the lighting.
[11:57] And.
[11:57] The noise level.
[11:59] From an additional field.
[12:01] And realize.
[12:02] Not the size of a baseball field, it's the size of a softball field, right Is.
[12:06] Gonna be in right?
[12:07] And we'll, we'll get you an answer on the bleachers as soon as he comes back up.
[12:11] Thank you, James.
[12:12] All right. Anybody else please?
[12:14] Like to speak in opposition? Come forward, state your name and address for the record.
[12:26] Hello.
[12:26] My name is Kelly Roggenkamp.
[12:28] I live at 3136 Brazil Lake Parkway.
[12:32] In Georgetown, It's Georgetown address.
[12:37] I also my property actually touches the property.
[12:41] Of the football field.
[12:43] This point to point big square two big squares together.
[12:47] I have measured 105 decibels in my living room.
[12:52] Since they built.
[12:54] The football field there.
[12:57] I don't think there's any control.
[12:59] Over who can use that field.
[13:01] When they can use that field?
[13:03] When they can use the speaker system.
[13:07] I have had.
[13:10] Loud, profane rap music.
[13:13] Playing in my living room at 105 decibels.
[13:18] I don't mind having a football field.
[13:21] In my backyard.
[13:24] But I think it should be.
[13:28] Limited as to who can use that field.
[13:30] For what?
[13:32] I think.
[13:33] The decibel level.
[13:35] If I'm getting 105 decibels.
[13:38] In my house.
[13:41] It's about 130 decibels on the field.
[13:47] And I understand they need loud speakers, they need to use it, but they do not.
[13:51] Need to.
[13:52] Allow these facilities and this is a sports facility.
[13:56] It's going to be used the same way.
[13:58] And when they have practice, they.
[14:01] Turn on the music as loud as they want and they leave it.
[14:04] For hours.
[14:06] And it's not the kind of music that I want in my house.
[14:10] I don't play music that drops F bombs. I don't.
[14:13] Play music that uses.
[14:16] In words in my.
[14:18] House.
[14:19] And I don't want it.
[14:20] In my neighborhood.
[14:23] I will also tell you that they don't.
[14:25] Have any control over turning the lights on and turning the lights off?
[14:30] They'll come in in a dark, they'll turn the lights on, and they're still on at 7:00 AM.
[14:36] And it goes right in my bedroom.
[14:40] And this isn't going to be that far away when you put the.
[14:44] My house is on that map that you put up there.
[14:50] The green map.
[14:58] So.
[14:59] I think you understand where I stand.
[15:01] If they want to play softball there.
[15:03] That's pretty quiet activity.
[15:05] You see?
[15:07] Inland Court.
[15:09] On there.
[15:10] If you go straight up.
[15:12] My house is the last house.
[15:14] On Brazil, like Parkway, which is the.
[15:16] The road going straight up.
[15:18] So I really my my property.
[15:22] Touch his Floyd Central property.
[15:26] But that's that's all I have to say.
[15:29] I am opposed to it because they don't control.
[15:32] Who uses it?
[15:33] How they use it?
[15:36] Uh, complain to the.
[15:39] School board or the school board, but.
[15:42] The.
[15:43] The management over to school.
[15:45] And they haven't done anything about it.
[15:47] And then as much as told me they weren't going to do anything about.
[15:52] So there is no control over this.
[15:56] As you all well know.
[15:58] Noise ordinances do not.
[16:00] Apply to supporting events in Floyd County.
[16:04] So they can make as much noise as they want.
[16:06] Anytime they want.
[16:09] And as much as they want.
[16:11] So.
[16:12] I'm opposed to it for those reasons.
[16:15] Thank you.
[16:18] All right. We got about 3 minutes left. Anybody else?
[16:21] Want to come up in opposition please?
[16:26] Last call.
[16:27] Alrighty, we'll close that section this time.
[16:30] Cole, if you like to come back up.
[16:33] And maybe addressed.
[16:36] The what what I've heard was Jerry is concerned about lighting and screening.
[16:42] James is is concerned about speakers.
[16:46] Point to the worst in loud music and is.
[16:49] Saying the same thing as far as noise and the type of music and lighting, the timing of it so.
[16:54] I don't even know how much.
[16:56] Authority that we can put on an existing.
[17:00] Facility.
[17:02] I think the only thing we can but deal with is this facility, correct? That's correct.
[17:06] So you can't so the football fields.
[17:08] Yeah, it's not before you guys tonight.
[17:11] Right, so.
[17:13] All I could do is ask.
[17:15] Cole, I don't know who you're dealing with with Floyd County.
[17:18] The school, whoever you're working with.
[17:21] I think you've heard some concerns and I think they have legitimate concerns.
[17:25] It'd be awful nice if they would listen to those and.
[17:28] And that decimal level is pretty high, I can tell you that's if it is in fact that that's very high at that distance, so.
[17:35] But anyway, go ahead.
[17:37] So the first question was about screenings.
[17:40] Along the.
[17:41] Old old Vincennes and the lighting plan.
[17:44] Could we see the volume?
[17:47] Play it again, maybe I can.
[17:48] Help **** a little.
[17:50] Like no pun, right?
[18:05] And just for the for.
[18:06] For everybody's information, Lighting had.
[18:09] Does have to meet the standards?
[18:11] So they're not getting tonight, they're not getting approval for.
[18:15] Their lighting setup or whatever they're just getting approval to for the conditional uses, what they're getting up here. So they
[18:21] still have to come back to the staff. They have to still meet all the lighting requirements. Go ahead, go.
[18:27] Yeah. And I, I think this.
[18:29] This plan is kind of hard to.
[18:32] Understand with no.
[18:33] Explanation.
[18:35] So we're looking at foot candles here.
[18:38] And.
[18:40] The requirements are.
[18:42] .1 foot candles or less.
[18:44] At property lines.
[18:46] So you can see that.
[18:48] Adjacent to the residential area in the bottom right hand corner of that.
[18:52] Picture is 0 before it crosses that parking lot.
[18:57] Umm, you can.
[18:58] You can see.
[19:00] Bottom right hand corner of the field.
[19:02] I believe it's B2 is is the last.
[19:05] Light that is adjacent.
[19:08] Proposed in this project and it's shining towards a.
[19:11] Towards the softball field.
[19:12] So.
[19:14] We're seeing 0 foot candles.
[19:16] Outside, adjacent to.
[19:19] Of properties.
[19:21] And and you can see .1 on the road right there.
[19:24] And that.
[19:26] That plan does not take into account.
[19:29] The existing.
[19:31] Vegetation and trees that are there I could.
[19:35] If required I can.
[19:36] Get that?
[19:37] Uh, maybe they.
[19:39] Maybe Musco lighting can provide something?
[19:42] You'll you'll need to provide that at the time that you come back from your.
[19:46] Yeah, permit, OK.
[19:48] Yeah, so, so there's.
[19:50] There's the lighting. There are.
[19:53] Are no additional plantings.
[19:56] Proposed on.
[19:57] This site.
[19:59] Three sides.
[20:00] 2 1/2 sides of it or.
[20:02] Are pretty covered, so.
[20:04] And that's all going to remain in place.
[20:09] As far as the speakers.
[20:12] I I cannot speak to that.
[20:15] Another.
[20:16] Paul and I guess but.
[20:18] I they are on the.
[20:21] On the press box.
[20:23] I don't know if they're on the lighting poles or not.
[20:27] That's that's not our.
[20:29] Expertise is not the speakers, that would be the electrical engineer, the MPs on the planes along with the architect.
[20:35] So I I can't speak to the.
[20:37] Speakers and I.
[20:41] OK, I can't comment on.
[20:44] The use of those.
[20:46] No, nor is it really my.
[20:48] Place to.
[20:50] To tell the.
[20:51] The school.
[20:53] What to do and who? Who can and can't use the field, but I do know that the field.
[20:57] Is.
[20:59] Fen completely fenced in. The field itself is completely fenced in.
[21:04] With man gates and a couple of double leaf.
[21:07] Twin gates or?
[21:09] Additional access but.
[21:11] But as far as the speakers?
[21:14] I don't think I can we understand.
[21:17] That's.
[21:19] I think that addresses the the three comments that were made here tonight.
[21:23] Does anybody have any additional?
[21:26] OK. Thanks. Call.
[21:29] Well, somebody asked where the.
[21:31] Bleachers and stuff are gonna be, Oh yeah, that out.
[21:33] Can we see the site playing again?
[21:36] Thanks Larry. I forgot.
[21:39] Yeah, so if you see where your home plate is.
[21:41] Behind that the darker area is the.
[21:44] Is the concrete that.
[21:47] Will house the.
[21:49] Bleachers.
[21:50] Yes. So those are your two areas.
[21:52] Umm and the the press box itself has the concession stands.
[21:58] Scoreboard. Scoreboard will be in left field.
[22:07] Any other questions?
[22:09] OK. Thank you.
[22:10] OK at this time.
[22:12] At this time I'm looking for a ballot.
[22:15] I have a ballot.
[22:17] Docket.
[22:18] 05.
[22:19] Dash 26-26. Petitioners name.
[22:23] New Albany, Floyd County Schools and their representative.
[22:27] The Floyd County Zoning Ordinance Authority.
[22:29] The conditional use.
[22:31] Petition shall be approved.
[22:33] If the findings of fact are made consistent.
[22:36] With the requirements of this ordinance and the Indiana State Code.
[22:40] The Board may make reasonable conditions related to.
[22:43] The required findings of.
[22:45] Fact part of its approval.
[22:47] Or accept written commitments from the petitioner.
[22:50] After careful review, the board finds that the condition will.
[22:55] The conditional use will not.
[22:57] Be injurious.
[22:58] To the public health, safety, morals and general welfare of the community.
[23:02] Because of reasons stated in the staff report.
[23:06] #2.
[23:07] The use and value of the area adjacent to the property will not be at.
[23:12] Adversely affected because.
[23:14] Of reason stated in the staff report.
[23:17] #3 the need for conditional use.
[23:19] Does result.
[23:21] From any conditions, unusual or peculiar.
[23:24] To the property itself because.
[23:26] Of reasons stated in the staff report.
[23:29] Strict application of terms of the Floyd County zoning ordinance will.
[23:33] Result in an unnecessary hardship.
[23:36] And the use of the property because of the reasons stated in the staff report.
[23:41] Number five approval.
[23:43] Of the conditional use will not contradict the goals.
[23:46] And objectives of the Floyd County Comprehensive Plan.
[23:50] Because of the reasons stated in the staff report.
[23:53] The Board is owning appeal. Appeals hereby grants the petitioners conditional use at the meeting.
[23:59] On 22nd.
[24:00] Day of June 26th.
[24:03] Approval of the Board is subject for completion of the following conditions.
[24:07] In the event a concern is brought forward in regards to the lighting.
[24:12] We ask you work with the neighbors to resolve.
[24:18] OK, I think.
[24:20] I think Christy has something so.
[24:22] We're going to need to go through and.
[24:25] Fill in the.
[24:27] Basis from the staff reports not sufficient to just write.
[24:31] As as reason state in the staff report, so we will need to add that in prior to considering the ballot.
[24:38] OK.
[24:41] Do you have the information?
[24:43] Yeah, you need this here.
[24:46] I got it.
[24:48] Or can he attach it to it?
[24:50] No, we have to write it on the ballot.
[24:52] Gotcha. The basis has to be on those on that?
[24:55] Under each one.
[25:05] This is going to take just a few minutes for him to fill out the.
[25:09] The information that goes on the ballot. Then he'll have to reread it.
[25:13] Today's forecast for.
[25:19] I'm fine with that.
[25:22] As long as he's OK with that.
[25:23] Frank, I gotta.
[25:25] Question.
[25:29] If I were, If I were to.
[25:31] Propose an amendment to his.
[25:34] Ballot.
[25:35] That dealt with screening.
[25:36] Along Old Vincent Rd.
[25:39] When I say type 1, type 2.
[25:42] Something that would get some vegetation between the existing parking lot and on Vincent's road.
[25:49] I think type 2 requires.
[25:52] A berm be added.
[25:53] And I don't think that would be appropriate necessarily, but.
[25:58] I'd have to.
[25:59] Double check the zoning ordinance to see what kind of.
[26:03] Uh, to to see what that was.
[26:07] What's the grade? What's the grade difference between the field and the street?
[26:11] Did you know that?
[26:12] Is it drop off?
[26:16] The back of it drops off and he's building retaining wall bacteria. That's what I'm saying. But is it going to do any good?
[26:22] Is the is the elevation going to allow the screen to gain more?
[26:25] Well, my screen would be way up here on the road.
[26:28] OK.
[26:32] What is sight distance?
[26:33] What I'm a little concerned with with the screen. I thought about a screen, but this day and time.
[26:39] I don't know if you want anything where anybody can hide in.
[26:42] That's true.
[26:44] Sight distance.
[26:45] Yes.
[26:46] That that's my concern when.
[26:48] You know, at first I thought, you know, like the jolly greens.
[26:51] But.
[26:52] Man, I'd hate for somebody to be in something like that and something happened and.
[26:56] This time of day.
[26:58] That is a concern.
[27:00] Yeah, I'd hate to put it as a condition.
[27:07] Well, we could. We could put a time limit that the lights have to be turned off by 11:00 PM or something like that.
[27:15] Can we do that? Yeah. Well, I think that's a good idea if you think that's a reasonable condition, which I think is reasonable.
[27:20] I think it's.
[27:21] They definitely don't want them all at night.
[27:23] After midnight.
[27:25] Right.
[27:28] Or timeline after.
[27:29] The event is over so long after the events and not ever to exceed.
[27:34] Midnight.
[27:35] Yes.
[27:36] What? Whichever comes first, midnight or it's over.
[27:39] Sorry, we're at the point in the meeting where the Board's discussing the ballot and the application. There will be no further
[27:42] comment from the public.
[28:21] I've got Andrew pulling up the docket to see what the elevation was. I I don't know if there was an elevation map in there.
[28:28] And maybe the applicant would be able to to speak to that.
[28:31] I don't know if there's. I don't know if it makes sense to try to answer that question.
[28:37] Type 1 is one of the less intrusive.
[28:40] Types of buffers. So if you thought that was appropriate for.
[28:43] Section around the parking lot maybe?
[28:47] That can make some sense.
[28:49] OK. Thank you.
[29:29] Yes.
[29:48] I will tell you right now that's I was looking for.
[29:50] And I've got a decimal meter here that I can tell you.
[30:59] Do you want me to use ChatGPT?
[31:06] Have GPT asks.
[31:07] Could you clarify what you mean by decimal level? Are you asking about noise level?
[31:13] Yes.
[34:33] You can start with.
[34:37] With one through.
[34:39] My apologies.
[34:40] You're funny.
[34:42] OK.
[34:44] After careful review, the board finds that.
[34:46] #1 the conditional use.
[34:48] Will not be injurious to the public health, safety, morals and general welfare of the community because.
[34:54] The proposal will provide a community gathering space and encourage healthy activities through a youth sports program.
[35:02] #2 the use and value of the area adjacent to the property will not.
[35:06] Be adversely affected because.
[35:09] The subject.
[35:11] Property is already in use as a high school campus with existing athletic facilities.
[35:17] The proposed use is not as expected.
[35:20] To greatly increase.
[35:22] The intensity of the.
[35:25] Not expected to greatly increase the intensity of the existing use on the site.
[35:31] #3 the need for the conditional use does result.
[35:35] From.
[35:36] Can any conditions unusual peculiar to the property itself because.
[35:41] Conditional use is required due to the zoning of the property.
[35:45] As rural residential.
[35:47] An existing school.
[35:49] Is present on the site.
[35:51] #4 Strict application of the terms of the Floyd County zoning.
[35:55] Ordinance will result in an unnecessary hardship.
[35:58] In the use.
[35:59] Of the property because.
[36:02] A rezone of higher intensity zoning district would allow.
[36:06] Many uses which.
[36:07] Would not fit with the area, while school is listed as the conditional use.
[36:14] Number five, approval of the conditional use will not.
[36:17] Contradict the goals and objectives of the Floyd County Comprehensive plan because.
[36:23] In the comprehensive plan community survey.
[36:26] 82%.
[36:27] Of the participants.
[36:28] Agreed with improving.
[36:31] Public infrastructure as the.
[36:33] Preference for the community.
[36:37] Continue to repeat.
[36:38] Yeah. So the Board zoning appeals hereby grants that petitioners conditional use.
[36:43] At the meeting held on 22nd day of June 26.
[36:47] Approval of the Board subject.
[36:49] To the completion of the following condition.
[36:53] Condition ahead is in the event of concern brought forward in regards to the lighting, we ask that you work with the neighbors to
[36:56] resolve.
[37:01] Alrighty, that's your ballot.
[37:02] It's about, I'll second it, all right. We have a balance. Second, any discussion?
[37:07] I have.
[37:08] I have three suggestions for your ballot.
[37:11] In lieu of.
[37:14] Working with.
[37:15] Of neighbors.
[37:16] I would I would like to save for lighting.
[37:19] That we, we, we do something along this line.
[37:23] Add Type 1 screening between the existing parking lot and open Sims Rd.
[37:29] That would be 1 and then another one would be.
[37:32] Softball field lights shall be turned off one hour after an event and not later than 11:00 PM.
[37:40] And then my my third suggestion is the noise level from the public address system.
[37:46] Shall not exceed 85 decibels at the at open center.
[37:55] Sorry, just for clarification. So Larry's pointing out some.
[37:58] Changes. He would like to see the ballot, so you all discuss those. If you're agreeable to amending the ballot with those
[38:03] additional conditions or changing conditions, then you can.
[38:07] Discuss that, second that and then make those changes.
[38:10] OK, what is your type 1 screening again?
[38:13] What are we looking at there?
[38:21] And are you talking?
[38:23] Between Vincent's Road or where exactly are you talking about pleasure?
[38:29] Put that on the board.
[38:31] Like I said, I'm concerned with safety nowadays is the only problem.
[38:36] This is the existing parking lot from.
[38:39] Between your schools, I'm proposing there's.
[38:41] Open syndromes I'm proposing.
[38:43] Between these this entrance and this entrance right there.
[38:47] I mean they still gotta maintain.
[38:49] Paying the 300.
[38:51] Visibility they can't block.
[38:54] Sightlines. But if you keep back here, you keep it back here.
[38:59] It was up here, you'd have to stay away from the corner some to get your lab site.
[39:04] Like I said, I am concerned with safety along the road.
[39:07] Yeah, I'm very concerned. I'm not.
[39:10] I mean, I I don't really like.
[39:12] Type 1 screening.
[39:15] I don't like that either. I don't either, and here's why. Do you have?
[39:19] The lights, the towers, and they're limited at 60 feet.
[39:22] Which is traditional with sporting events. OK, you already have vegetation and trees that are up that high. So a type 1 screening.
[39:30] Are you asking to go beyond the tree? I think it'd be very obtrusive.
[39:33] Well, in that area.
[39:36] There's trees towards the outfield, but not that way, yes.
[39:39] I'm OK with taking playpoint screening. Yeah, I like his lighting.
[39:43] Reread that again, Larry, if you don't mind. Softball field lights should be turned off one hour after an event.
[39:48] And not later than 11:00 PM.
[39:51] Are we good with that? I'm good with that. OK, what about you? You got that. OK, so we'll amend that. And the other thing was the
[39:54] decimal level.
[40:01] And we, I mean, we actually, you know, once again, we Google it.
[40:04] Well really my source is any good, but it says here for example outdoor events may require sound levels around 100 decimals.
[40:11] To ensure it's as many cities have ordinances that set maximum decimal levels.
[40:15] Often ranging from 85 to 100.
[40:18] Just what says?
[40:21] I think it's, I think we're making them cognitive to the fact that there's a problem and control it so.
[40:28] I'm I'm fine with that and I am concerned with the gentleman here. And like I said.
[40:33] Right off the bat, I thought.
[40:35] Hey, we can fix that.
[40:36] Like the Jolly Greens in there?
[40:38] And then like I said.
[40:40] Present day I am concerned with safety along that island.
[40:43] I don't know if the juice is worth the squeeze just to be honest with you.
[40:52] OK. Thank you, Sir. If you want to see my script, yeah, you have to reread what his amendment is.
[40:58] The conditions, if you will.
[41:02] After you rewrite them.
[42:20] All right. Oh, wait. I'm sorry.
[42:30] Can't read your writing?
[42:33] Level from the public address system.
[42:59] Yeah.
[43:20] Yeah.
[43:21] All righty. I have your attention. We're going to final up this ballot, if you will. Go ahead.
[43:25] OK, I'm going to pick up.
[43:28] And the conditions approval by the Board is subject to the completion of the following conditions.
[43:33] In the event of a concern is brought forward in regards to the lighting, we ask that you work with the neighbors to resolve.
[43:39] Softball field lights shall be turned off one hour after.
[43:44] An event not later than 11:00 PM.
[43:48] The noise level from the.
[43:50] Public address system.
[43:52] Will not exceed 85 decibels at Old Vincennes Rd.
[43:57] Alrighty, that completes his ballot.
[44:03] Amended ballot.
[44:04] OK, invite ready for vote.
[44:07] All in favor signify by aye.
[44:09] Aye, those opposed likewise, it passes.
[44:13] Alright, thank you.
[44:14] All right, Frank.
[44:15] You're ready for #2 please.
[44:20] Next is item number two, FC-05.
[44:24] 05-206-28.
[44:26] Conditional use permit.
[44:28] Go ahead, Frank.
[44:31] All right, I've got docket number FC 52628.
[44:36] Petitioner Melvin A Posey, Senior location 5740 State Road 62, Georgetown, IN.
[44:42] Request for a conditional use to allow a specialty trade contractor. The zoning district is rural residential.
[44:49] For the review, petitioner is seeking A conditional use permit to allow a specialty.
[44:53] Hit trade contractor use in the rural residential zoning district. The property is 1 acre located along Hwy. 62 just north of the
[44:59] You know I'm Lane intersection across the highway from Pear Ridge Dr. Thank you.
[45:04] Being located just South of the Edwardsville Gateway District.
[45:08] The proposed specialty trade contractor business is a roll off dumpster service to deliver empty container bins sized.
[45:15] 12 to 20 yards to residences or construction sites.
[45:19] Empty containers would be stored in an enclosed 30 by 40 barn. It would be.
[45:23] Filled and emptied entirely off site.
[45:26] The applicant justifications the conditional use will not be injurious to the public health, safety, morals and general welfare of
[45:29] the community.
[45:34] We didn't have anything listed, but staff finds that since dumpsters will be emptied when on site and will be stored in the
[45:38] enclosed barn, no injuries impact is expected.
[45:43] #2 The use and value of the area adjacent to the property will not be adversely in.
[45:48] Affected.
[45:49] We didn't have reasonings, but.
[45:50] Staff finds that since dumpsters will be empty when on site and will be stored in the enclosed barn, no adverse impact of property
[45:54] values is expected.
[45:58] Item 3. The need for the conditional use does result from any conditions unusual or peculiar to the property itself.
[46:06] Applicant states that this will not change the look of the property. Staff finds that the Specialty Trade Contractor uses
[46:10] permitted in the zoning district as a conditional use.
[46:14] And the property in question is located near both the Riley Excavating site and the Eduto Gateway District's industrial park.
[46:20] Item 4 Strict application of the terms of the Floyd County zoning Ordinance will result in an unnecessary.
[46:26] Unnecessary hardship.
[46:28] Excuse me in the use of the.
[46:29] Property.
[46:31] Staff finds that the use is permitted as a conditional use under the terms of the Floyd County Zoning Ordinance.
[46:37] Item five, Approval of the conditional use will not contradict the goals and objectives of the Floyd County Comprehensive Plan.
[46:43] Staff finds that the Community Preference Survey on page 23 of the.
[46:48] A comprehensive plan states that locally owned retail, restaurants and businesses.
[46:52] There was an 83% preference in that survey.
[46:56] Under Themes and places to Work on page 32, The Comprehensive Plan.
[47:00] There's a.
[47:02] There's a goal of developing locally owned.
[47:05] Companies vigorously promoting locally owned.
[47:07] Strengthen entrepreneurs. Sorry, Entrepreneurism in the community.
[47:12] Commercial and industrial development that enhances and maintains rural character.
[47:16] Additionally, growth areas on page 43.
[47:19] Effort should also be made to encourage the development and creation of locally owned businesses and then action items policy.
[47:25] Page 37. Cultivating locally owned businesses and fostering entrepreneurship.
[47:29] So for staff comments where this use is permitted conditionally in the Sony district where the owners.
[47:34] Live at the primary residential structure on site and would also be directly impacted by any negative aspects of operation.
[47:41] Where the comprehensive plan greatly encourages locally owned businesses and entrepreneurial efforts.
[47:46] And where storage will occur in an existing barn that fits in the rural residential character of the neighborhood.
[47:50] Staff find supporting evidence to allow approval of this conditional use permit with the following conditions.
[47:55] One, no truck, tractors or vehicles with two or more rear axles will operate on site as part of this business.
[48:01] Two business equipment will be stored in an enclosed barn.
[48:04] 3 Dumpsters are only permitted on site when empty.
[48:08] And four, transfer of ownership terminates this conditional use. So no transfer of this conditional use to anyone else.
[48:16] All righty. Any questions for Frank?
[48:19] I'm sorry, I do also have. Here's the site here.
[48:24] And if you get better at multicast, I'm leaving this off.
[48:27] That's fine.
[48:29] Here we have the site plan from when the barn was originally.
[48:32] Proposed.
[48:33] I also have better.
[48:35] Details about what this would be stored on site.
[48:39] That's three roll off dumpsters at 16 foot by 5 foot and one gooseneck trailer at 16 foot by 5 foot. And I've got the barn where
[48:43] they would be stored highlighted in blue there.
[48:48] This is a picture of the site from.
[48:50] State Road 62 and there's that bar and that would be located there.
[48:55] And then that's what I got for you.
[48:58] Alrighty, you finished.
[49:01] It does OK.
[49:03] Anybody any questions?
[49:05] All right. Well, all right. Thanks, Frank.
[49:07] OK, this time would the petitioner please come and forward and.
[49:11] Present their.
[49:12] Project.
[49:13] State your name and address for the record if you will, Sir.
[49:19] Hello.
[49:20] My name is Melvin Posey, Senior.
[49:22] I live at 5740 State Road 62 in Georgetown.
[49:25] This is my son.
[49:26] I'm Melvin Posey, Junior. I live at 3025 Waterwood Lane, New Albany, IN.
[49:34] We are both.
[49:37] Well.
[49:39] Father son, this business that we're going to start or like to start is the dumpster roll off business.
[49:45] Where we're partners.
[49:49] We plan on having the three dumpsters.
[49:52] As well or.
[49:53] The three dumpster bins.
[49:55] 1 trailer.
[49:57] That Franklin had mentioned.
[49:59] Sizes between.
[50:01] 12 yards to 20 yards.
[50:04] We're going to be operating.
[50:06] With residents and contractors.
[50:09] And again.
[50:12] All the the bins that will be kept on site will be.
[50:15] Kept inside the barn there will be.
[50:17] No full containers brought back to the residence.
[50:21] All all containers will be empty.
[50:23] Prior to.
[50:25] Their return.
[50:26] And.
[50:29] We will be. There will be no.
[50:33] Businesses bringing in or or in individuals coming in to pick any of our our trailers up.
[50:39] We will deliver.
[50:41] Will will empty and and.
[50:43] We'll be doing all the transport, so I shouldn't.
[50:47] Raise any any traffic levels in the areas other than us going.
[50:51] Making making those runs ourselves.
[50:58] Go ahead.
[51:00] So to tag off of what he said.
[51:02] Noise level. There will be absolutely no noise.
[51:06] If you, it would be told by a.
[51:09] A Ford at 2:50.
[51:10] A pickup truck.
[51:12] There would be.
[51:14] The the the engine. The sound of an engine might be the the most noise you'll get. So we all know what a.
[51:20] A truck engine sounds like.
[51:21] And and like he said, everything is going to be kept inside.
[51:25] If something does have to be brought out to be cleaned, it'll be done in.
[51:30] A fairly quick manner and then it'll be placed back into.
[51:33] Said Barn.
[51:35] Now if we were to ever scale the business, then we would proceed with building.
[51:41] Like a privacy style fence so that.
[51:43] These containers would not be seen.
[51:45] By the public.
[51:46] From the road or from behind the house?
[51:49] But like I said, that's down the road that.
[51:51] Possibly might not even.
[51:52] Be the case.
[51:53] Right. Any questions?
[51:57] So I do have a question for you guys hopefully.
[52:00] This works out for you.
[52:01] And say that the business is booming.
[52:03] Would you continue running the business out of your house if it's just me just exploding?
[52:09] It would.
[52:10] It did it.
[52:13] Exploded, which would be great, yeah.
[52:16] And we needed more space than we would have to.
[52:19] If, if, if our, if it probably couldn't accommodate.
[52:23] What we needed to expand to.
[52:25] Right then we would.
[52:27] Look for other another location right?
[52:30] More storage because I know that there's no outside storage is is what we're hearing that these not these are not going to be
[52:33] outside anytime?
[52:38] And the size of your barn is only going to support so many of those, so OK.
[52:43] I do have.
[52:44] Groomed behind the barn.
[52:46] If we need to extend the bond back.
[52:48] OK.
[52:49] And.
[52:50] So that could be a possibility and then?
[52:53] We were going to.
[52:55] Asked to see if the if you guys had any recommendations as far as or objections.
[52:59] As far as?
[53:02] The space behind the barn.
[53:05] And putting fencing up to.
[53:07] As a.
[53:10] A a buffer.
[53:10] Right, because we have a tree line that that takes care of the whole back.
[53:14] Of the property and we could.
[53:16] We could do something like that if if.
[53:18] If we did, it expand to the point to where we needed more space.
[53:21] Right.
[53:23] Any other questions?
[53:25] OK, I'll tell you what, I'll just make comment I mean.
[53:28] If it.
[53:29] It succeeds like you're saying. That would be great for.
[53:33] Local owner like that.
[53:35] Instead of fencing, you could always put up.
[53:37] Trees.
[53:39] Pine trees, Other vegetation.
[53:41] That adds to the aesthetics of that.
[53:43] Area, but again.
[53:45] That's just an optimization that would that would only be if approved by this board though as a condition, because currently there
[53:51] is no outside storage. You have to come back to modify the conditions.
[53:57] Or the board would have to approve that.
[53:59] You have to.
[54:01] Yeah.
[54:02] OK. Thank you. All right.
[54:06] Now we like to open up the time for anybody has anything in in?
[54:11] I'd like to speak in favor of this in favor of this project.
[54:14] Sorry.
[54:19] Anybody.
[54:20] It looks like you just got it. Now we're going to open up. Anybody wants to speak in opposition, just state your name and address
[54:24] for the record, please.
[54:31] Hi, my name is Stacy Luken.
[54:33] I live at 5741 Hillside Circle, Georgetown.
[54:37] I am the president of the Homeowners Association.
[54:41] And Pear Ridge, which is directly across from the property.
[54:44] That he's talking about.
[54:46] Excuse me?
[54:48] Our main concern?
[54:49] Is.
[54:51] Yeah, right across there.
[54:53] Our main concern is traffic flow.
[54:55] And it's more just a question than anything.
[54:59] Because there are.
[55:01] It's Stayroom 62.
[55:03] The stated posted.
[55:06] Speed limit is 45.
[55:08] Which is hardly ever probably.
[55:10] Taken into account.
[55:12] So our question kind of is.
[55:15] Will he have to back in and stop traffic when he.
[55:18] Text a dumpster in there.
[55:20] They have steep driveways on that side of.
[55:22] State Road 62.
[55:24] So it takes some time to pull out of there, especially if there's a dumpster or something.
[55:28] Attached to the truck.
[55:31] And you know.
[55:32] Our properties are.
[55:34] Correctly or some of?
[55:36] The properties are directly across from there, so.
[55:38] We don't want to cause accidents.
[55:40] Or have traffic backed up in front of our subdivision.
[55:43] In order to.
[55:44] You know, to accommodate that, I guess, right?
[55:46] So in.
[55:47] I'm pretty sure they just did.
[55:49] So tip and seal there, but I think.
[55:53] Right there were to.
[55:54] You know, an open line where they can pass through there as well. Well, we'll get you an answer when he comes back up as far as
[55:57] how he's going to.
[56:01] Assess the property where he's back in April and it.
[56:04] And then?
[56:05] You know.
[56:06] Is there adequate room?
[56:07] Down by his barn for him to turn around because dumpsters.
[56:12] In certain ways and things like that. So right.
[56:15] We'll ask that. OK. Thank you.
[56:17] Stacy.
[56:19] Anybody else like to come up and speak in opposition?
[56:23] See, there's nobody else.
[56:26] Could the applicant just come back and just maybe answer she brings up a good point is we definitely.
[56:31] I wouldn't want you back in Office 62. I want you to stay alive.
[56:36] No, we will be able to.
[56:38] To pull.
[56:40] Off of 62 down the drive just like.
[56:42] We, just like you, normally drive.
[56:44] There's enough space on beside my property to where we can go all the way down the right side of my property.
[56:50] And it goes all the way back to the tree line.
[56:52] We can make a turn behind.
[56:55] Behind the barn and then we'll come up on the left side of the barn and then it come right back up onto the driveway drive area
[56:59] that's come from.
[57:03] From in front of the barn area OK and that'll be where we'll.
[57:07] At that point, we'll be able to back those trailers.
[57:10] Right into the bar. OK yeah. So it's like a big.
[57:13] That's the only thing that was brought up. So that's all you have to answer. Thank you, Mel. Thank you.
[57:19] All right, all right. I'm looking for a ballot at this time.
[57:22] I have a belt, all right. Pocket FC-05-206-28, Petitioner Melvin Posey, senior.
[57:29] After careful review, the board finds that one the conditional use will not be interest to the public.
[57:34] Health, safety, morals and general welfare of the community because the dumpsters will be empty when on site and will be stored in
[57:40] the 30 by 40 storage building, thus no injurious impact is expected.
[57:46] #2 The use and value of the area adjacent to the property will not be adversely affected because the dumpers will be empty when on
[57:52] site and will be stored in the storage building. No adverse impact of property values is anticipated.
[57:59] #3 the need for conditional use.
[58:01] Does result in.
[58:02] In any condition unusual or peculiar to the property because especially trades contractor.
[58:09] Use is permitted in the zoning district as a conditional use.
[58:13] By storing the dumpsters inside.
[58:21] The the look of the property will not be changed.
[58:23] #4 Strict application the terms of Florida County zoning ordinance will result in an unnecessary hardship and use the property
[58:28] because this is permitted as conditional use under the Floyd County.
[58:34] Terms of the Floyd County zoning ordinance #5.
[58:37] Approval of the conditional use will not.
[58:39] Contradict the goals and the objectives of the Floyd County Comprehensive plan because the plan promotes.
[58:44] Locally owned business and fosters entrepreneurship.
[58:47] The Board of Zoning Appeals should back grants the petitioner conditional use at the meeting held on the 22nd of June, 2026.
[58:54] Approval of the Board. Subject. Completion of the following conditions.
[58:57] One, no truck, tractors or vehicles with two or more rear axles will operate on site as part of this business.
[59:05] #2.
[59:06] All business.
[59:07] All business equipment.
[59:09] Bins and trailers will be stored.
[59:12] In the enclosed structure.
[59:13] #3 Dumpsters are only permitted on site when empty.
[59:16] #4 The conditional use permit expires upon any transfer of ownership.
[59:23] Ownership of the property.
[59:31] Approval The Board is subject to the following written commitment.
[59:34] Floyd County retains the right to revoke this conditional use permit.
[59:37] If applicant violates the terms of the permit, that completes my ballot.
[59:42] I'll second it. All right, we have a second. Any discussion?
[59:45] See none all in favor signify by aye aye, those opposed likewise it passes. So thank you very much.
[59:52] All righty. Let's keep this ship moving here. Frankly, yeah.
[59:56] Past their time.
[59:58] Agenda item number 3.
[1:00:01] FC-O5-206-29.
[1:00:05] Development Standards Petitioner Donna Hilligas, Representative Jason Roofing Location 4462 Old Vincents Rd. Floyd Snobs, Indiana.
[1:00:16] Request development standards variance to encroach into the front yard setback.
[1:00:21] Zoning district is residential suburban.
[1:00:24] This is on septic.
[1:00:25] Which defaults to the Rural Residential Development Standards.
[1:00:28] With the overview.
[1:00:29] Petitioner is seeking a variance.
[1:00:32] Ladies and gentlemen.
[1:00:33] You're you're going to have to.
[1:00:35] Sir.
[1:00:36] Sir, you need to leave the room.
[1:00:40] Now thank you.
[1:00:42] OK. Thank you.
[1:00:46] Hi, go ahead, Frank, sorry.
[1:00:47] Petitioner is seeking A variance from section 4.14.
[1:00:51] The rural residential development standards to allow proposed addition to approach into the front yard.
[1:00:56] 60 foot set back by 7 feet.
[1:00:58] The property is an unplanted lot totaling one acre, located at the corner of Old Benson's Road and on.
[1:01:04] Underway.
[1:01:05] In the Highlander Point Gateway District.
[1:01:07] The proposed addition is to provide all provisions for human habitation on the ground floor by adding a bedroom, bathroom and
[1:01:11] laundry room to the existing 1 1/2 story structure.
[1:01:16] The lateral field was located to the West of the structure. A pole is located to the rear.
[1:01:20] And a driveway sits to the east, leading to a garage in the back.
[1:01:23] The proposed structure would then be located in the front.
[1:01:26] Better by Design shows that this proposed addition would be 53 feet from the front of the property, assuming the front property
[1:01:30] line is at the center line of Old Benson's Road.
[1:01:35] With the addition, the front facade will be roughly 43 feet from the edge of pavement.
[1:01:39] Applicant justifications.
[1:01:40] Approval of the variance will not be injurious to the public health, safety, morals and general welfare of the community because.
[1:01:46] By adding seven feet, there's still over 50 feet of green space, 7 trees and fence before edge of Rd.
[1:01:52] Staff finds that this distance of set back to be a standard for aesthetics more than safety.
[1:01:57] To the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse
[1:02:01] manner because.
[1:02:05] Applicant will be the.
[1:02:06] Improvements will enhance and increase value in the community.
[1:02:09] Staff finds that the property is located at 4383 Old Vincennes Road and 4421 Old Vincennes Rd. are located roughly 40 feet from
[1:02:14] their front property line and under 60 feet from the edge of pavement.
[1:02:20] Item 3. The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the
[1:02:24] property because there is no other place to add these rooms due to the driveway on one side, septic on the other side and on the
[1:02:27] back.
[1:02:31] Staff finds that the site is limited and where an addition can be placed.
[1:02:34] Applicant has the current master bedroom and master bathroom in the.
[1:02:38] Attic loft area.
[1:02:39] Which will provide limitations as the applicant ages.
[1:02:43] Or the variance does not involve a structure that is near an airstrip and regulated under Indiana Code 82110.
[1:02:48] For staff comments, the comprehensive plan encourages supporting aging populations. Community Preference Survey on page 23.
[1:02:54] Indicates 80% community support for housing options for senior citizens and for theme places to live.
[1:02:59] Page 29 indicates a priority for aging populations and encourages residential areas to be accessible.
[1:03:05] Where is the addition is not expected to have an injurious impact on public health, safety, morals and general welfare of the
[1:03:09] community where the deviation from the standard.
[1:03:13] Set back is not much greater than two other properties nearby and where the existing site is well landscaped where the applicant
[1:03:17] is attempting to age in place but is limited in building area.
[1:03:22] And where the Comprehensive Plan supports housing options for senior citizens and places accessibility as a priority.
[1:03:27] Staff finds a minimum level of justification for approval has been met.
[1:03:31] Here I've got that site highlighted.
[1:03:39] Here I've got the site plan that was prov.
[1:03:42] Presented to staff by the applicant.
[1:03:48] And then here's a view of the side from Old Vincent's Road. So the addition would be placed to largely to the front and to the
[1:03:51] left of what we're seeing here.
[1:03:57] And then here's a view from Andrew.
[1:04:00] Of the front yard.
[1:04:02] And then here.
[1:04:04] These two are the other.
[1:04:06] Sites that are somewhat.
[1:04:07] Closer.
[1:04:08] To the.
[1:04:10] I'm sorry they've encroached into the fine art set back.
[1:04:13] And then that's all I've got for you.
[1:04:17] Any questions for Frank?
[1:04:19] All right. Thanks, Frank. Appreciate it.
[1:04:21] Would the applicant please come forward if you had anything to add? You don't have to come up and speak. It's you're more than
[1:04:24] welcome to.
[1:04:28] Well, I don't have anything to have.
[1:04:31] Can you state your name and the record for thank you address?
[1:04:35] I live at 4462 Old Ensons Rd.
[1:04:39] Influence nouns.
[1:04:43] I've never been happier and called a senior citizen. Thank you.
[1:04:48] But yeah, that's what it's all about as I get older.
[1:04:52] I'm looking at one level living.
[1:04:55] And that was the whole purpose for starting this journey.
[1:05:00] I want to thank Frank.
[1:05:03] You're doing such a great job coming out to.
[1:05:09] I hope you'll consider.
[1:05:12] Letting me have that extra set.
[1:05:15] Thank you.
[1:05:16] Alright, thank you.
[1:05:18] Alrighty, at this time we open up. Anybody want to speak in favor of this project?
[1:05:22] Please come forward.
[1:05:25] See and there's none now we close that open up anybody like speaking opposition.
[1:05:30] Please come forward.
[1:05:33] Nobody showing up.
[1:05:35] We'll close. We'll close that. So I'm looking for a ballot.
[1:05:38] I have a ballot. Well.
[1:05:40] Docket FC 05 Dash 2629.
[1:05:43] After careful review, the board finds that approval of the variant.
[1:05:47] Variance will not be injurious to the public health.
[1:05:50] Safety, morals and general welfare of the community.
[1:05:53] Because with the variance, the structure would still be 50 feet from the road.
[1:05:58] The use and value of the area adjacent to the property involved in the variance will not.
[1:06:05] Be effective in substantially adverse manner because.
[1:06:08] There are similar properties in.
[1:06:11] Area that are closer to old Vincennes Rd.
[1:06:14] The strict application of terms of the zoning ordinance.
[1:06:18] Will result in practical difficulties in the use of the property because.
[1:06:23] It is small, light.
[1:06:24] In no other location on the property.
[1:06:26] To add the addition.
[1:06:28] The variance does not involve a structure that is near an airstrip and regulatory.
[1:06:32] That under Co Indiana code.
[1:06:35] 8-21-10.
[1:06:37] The board of zoning appeals hereby.
[1:06:40] Grants the petitioners variance at the meeting held on.
[1:06:43] 22nd day of June of 26.
[1:06:46] All righty, I'll 2nd that I have a second.
[1:06:49] Any discussion?
[1:06:51] See, there's none all in favor signify by aye, those opposed likewise all right, it passes all right at this time.
[1:06:58] The agenda.
[1:07:00] Is done.
[1:07:01] And we have a meeting right behind this. I appreciate it.
[1:07:05] If everybody would claim.
[1:07:07] Hold on, clear the room as fast as possible. Have a motion. I have a second. All in favor to adjourn signify by aye aye.
[1:07:16] Adjourned. Thank you.