[0:01] [Music] everybody Lo is here you're

[0:08] early okay but I am early cuz I kep thinking I

[0:13] don't want to be late I know what happens when I'm when

[0:17] I'm

[0:28] late five five

[0:34] five it starts after about the 10th

[0:45] [Music] one well it's got an expiration date

[0:50] date five

[0:55] [Music]

[1:04] [Music] is believe how many of them are from

[1:12] Upland how many I can't believe how many from yeah well you know what happened

[1:20] everywhere

[1:28] [Music] almost $2

[1:37] million estimated cost

[1:45] yeah you can get you can buy a new house there on 8 street now you got two

[1:52] [Music] ready to

[1:58] sell they'll sell them

[2:02] Bru Sebastian main Builder I think actually we got in

[2:11] there El's in there Barley's in there Barkley Sebastian those are your top

[2:17] three just on that street alone TK there's a couple that are new

[2:23] to us but it's because people can't find anyone build they're they're going

[2:29] outside we had one house built by two subcontractors who usually help other

[2:34] people build a house they build a house by

[2:40] themselves

[2:43] [Music]

[2:52] what

[2:58] people oh

[3:06] want REM bathroom could have walk in

[3:12] shower and contractor said maybe by July

[3:22] maybe honestly shocking I've seen it go past even then

[3:26] too that's not a long Le time bathro

[3:32] no no I mean you could end up with like my parents-in-law they got it started

[3:39] but the fixtures were late two months so they had a half done

[3:46] bathroom months don't give me War Stories now better off

[3:51] not don't give me war stor like that right what time you have you have

[4:02] okay so for for June with what Taylor has done with 14

[4:10] duplexes our estimated construction for June already is 37 million

[4:19] 13,500 we

[4:25] put yeah but we don't tax them do we yes no so it's not it's not a tax Bas for us

[4:34] that's the only bad thing and I live right

[4:37] beside you got more money than Carter got liver pills

[4:41] buddy my sister goes to school there I see their tuition

[4:51] cost that's expensive you go to Purdue or one the

[4:58] others but I say Taylor graduate certificate is worth a lot more than it

[5:04] really yeah that's they come from a Christian base and they they don't skip

[5:09] very much yeah they don't that's my opinion yeah that's my opinion I think

[5:14] they've dropped some you think your R up no I think they've dropped their

[5:19] standards a little bit they used to have really high standards to get in yeah I

[5:25] don't think that's the situation I don't I wouldn't think so either with how much

[5:28] they're growing too well they're trying to get to 2600 that was the 10 year it

[5:33] wasn't a 5year plan it was a 10e plan they want to get to 2600 kids so they're

[5:41] after remember when president said down got 1800 26 being part of the

[5:48] utilities you go thousands more

[5:55] people my wife worked there they was right at 18 1820 yeah 1850 that's

[6:03] it that's all they let in that's all they had room I had room for yeah that's

[6:07] all they had they're build a

[6:10] lot yeah yeah I see Wimer lime service is on here twice for 130,000 accessory

[6:19] building are they building two buildings or is that just a duplicate

[6:26] entry which entry you looking at first first about five down and then probably

[6:32] about 12

[6:35] down they're two different per permit dates yeah there

[6:41] is both for

[6:45] 130,000 we had two different permit numbers also yeah I would say with them

[6:50] having two different permit numbers they would be

[6:53] separate so you think they're building two buildings did a St out on one of

[6:58] them is that yeah access building says

[7:03] building not accessory building and two buildings they both could be a

[7:10] buildings true is it the same address yeah same

[7:15] address now I know where at that's two different

[7:19] ones [Music]

[7:22] okay we 6:00 yep yep okay

[7:31] good evening and welcome to the Grant County Board of zoning appeals for June

[7:36] 3rd 2024 would you all please rise and join

[7:40] me in the Pledge of

[7:44] Allegiance I pledge aliance to the flag of the United States of America and to

[7:50] the Republic for which it stands one nation under God indivisible with

[7:56] liberty and justice for all please be

[8:05] seated okay can we have a roll call please for

[8:09] attendance Johnson here Jones here long here Pearson here John here

[8:18] here and Mr Atkins is out of town so he won't be

[8:27] here all right

[8:32] next on the agenda is approval of the minutes for May

[8:40] 6th I move that they be accepted as

[8:46] written

[8:50] okay we have a motion to approve do we have a second I'll

[8:56] second we have a second so we have have a motion from Mr Johnson and a second

[9:03] from Mrs

[9:08] Jones Johnson yes Jones yes long yes Pearson yes young yes

[9:18] part okay sorry motion

[9:24] passed next on the agenda and is approval of findings of

[9:33] fact docket 03 bz v-24 Heath

[9:39] Duke would be the first

[9:47] one that was the [Music]

[9:57] kitchen was was the addition by the

[10:04] yes we gave him a 7 foot set back instead of a

[10:10] zero yes did he accept that seven yes he accept it it I think we should approve

[10:18] it well I think maybe we need to look at this for a minute it says zero here

[10:25] ordinance to allow accessory building to be zert from the East property line

[10:30] instead of the required 25

[10:35] ft uh I'm not seeing where it

[10:40] says that we gave him a 7 foot setback which was in the motion to

[10:47] approve it Mr Mr Johnson made motion for 7 instead of the 25t requirement that's

[10:55] on page two on page two

[11:00] [Music] very motion

[11:12] [Music] passed in the minutes but not the yeah

[11:18] we need to add that to our findings then there is a second page

[11:26] here okay so we'll hold that one up till next

[11:32] month which will probably be August okay then

[11:38] uh next findings of fact would be th4 bz

[11:47] v24 Ryan and Amy beagle [Music]

[12:23] is [Applause]

[12:28] [Music] and we

[12:34] approved the kitchen

[12:39] and have you issued a certificate of

[12:45] occupancy not until they get the septic septic is still we got the pump and hole

[12:50] worked out so they actually just St their SE put in I think they're on the

[12:55] schedule for later this week to get a final done okay so that's coming all

[13:02] right hold that yeah we may want to hold let's hold

[13:08] that one till August

[13:20] also okay no old business um

[13:29] then new business docet o2a

[13:35] d24 Liberty Baptist Church 4814 West Deli Pike

[13:41] Marian zoning District General

[13:47] business okay is there a representative here from Liberty Baptist Church yes

[13:54] would you come forward please and sign in and give us your name

[13:59] sign in there should be a sheet up there it's coming soon it's coming right

[14:07] away veryy today I'm so sorry all the time thank

[14:16] you

[14:25] see uh you want my address or the church address uh you can sign your name and

[14:30] just put your church address I think is fine there that's who you're

[14:34] representing

[14:38] [Music] here okay would you give us your phone

[14:43] number in case they need to call you for questions uh are you the contact person

[14:48] on this project yes okay you have okay we're good all right tell us a

[14:54] little bit about your project and why you want to do this uh we just went to

[14:59] upgrade our sign have old sign board out there with the letters that you put on

[15:05] manually and just going to get rid of that thing and up a much nicer

[15:13] sign okay um I was out looked at your sign is this a new sign going back in

[15:20] the exact same location yes sir what that okay I it's just verifying

[15:29] okay um how bright will it be at night and

[15:34] what hours will it operate I do not know how exactly to

[15:42] describe brightness but I did read the um the County ordinance and the company

[15:50] that we're buying it from assures us that it will meet the

[15:54] code okay as far as hours of operation that has not been Det

[16:02] okay so is the brightness variable yes

[16:13] okay yeah i' driven by some of those in goodness they about blind you if they

[16:18] don't turn themselves down at night

[16:35] is there any documentation about the brightness that he has

[16:40] that I do not have any no company that you're dealing with do they have it can

[16:46] you get it they do and yes we can get

[16:53] it I don't know what you have but

[16:59] all they gave us is just this little sheet right here that's all we got from

[17:05] them but yes we can get that documentation if that is

[17:11] needed usually these are these are programable so that may AA yeah but we

[17:17] want to be able to say that that's what they're going to do are they are

[17:21] programmable instead of having to get here and then we thought well we thought

[17:24] it was programmable but it's not so we got a documentation saying that it's

[17:28] programmable we're

[17:34] [Music] good yeah I don't think that is in here

[17:43] [Music] anywhere yeah is this the same church or

[17:51] is this a different church this a different church we did the one around

[17:54] the corner of the United Methodist Church all right

[18:01] can I ask question yes pleas do what about the footer are you going to tear

[18:05] that big footer out didn't look like you needed all that sign that you had this

[18:11] quite large are you going to break that up ah frankly I'm not sure I haven't

[18:17] well thought that far you got to if you're going to bring electricity to it

[18:22] well there's already two conduits run to that side and

[18:26] so we can we can the new sign exactly where the old one is and power it and

[18:34] have data run into it both concrete

[18:43] there that's old one I I didn't see no they come up within the base there

[18:54] back if they would pull that do you would kind look

[19:08] I believe that's where inside uh Levi bigs with um me electric um he goes to

[19:17] our church and he went out and looked at it and he said yeah it's going to be

[19:20] fine with the new sign right where the old one is don't have to do anything I

[19:25] take it the church owns that property yes that for the

[19:29] preacher no that's actually our office building

[19:34] okay I didn't get to talk to nobody there is the old sign illuminated the

[19:42] light no there let's see there is a light that shines on it but Essence

[19:48] inside oh there are there are for Essence inside okay yeah

[19:56] [Music]

[20:01] Ryan is this a letter of opposition that's in here there is one letter of

[20:06] opposition from the neighbor I believe right across the

[20:11] street and I did talk to him I talk to Tom and he he's elderly man but he's

[20:19] worried about having to back out and I told him that if they put the sign put

[20:24] it right there I said I don't know about the footer CU it's big but if you put it

[20:29] the same place he's all right with that yes it's going exactly the same place

[20:32] and the new sign is actually just a touch smaller than the one that's there

[20:37] now but he's he's okay with that okay I talk to

[20:48] him and what are we going to do about the brightness what we add on that we

[20:53] have a regulation in our sign ordinance on brightness okay I mean do we yes oh

[20:58] do yes how's that

[21:17] measured uh excuse me 15328 S regulations uh C is brightness and

[21:27] legibility uh a no sign shall be of such intensity or Brilliance as to impair the

[21:33] vision of a motor vehicle driver or to otherwise interfere with the driver's

[21:38] operation of a motor vehicle no sign shall be be no sign shall be of such int

[21:44] intensity or Brilliance that it interferes with the effectiveness of an

[21:49] official traffic control sign device or signal C digital signs should be clear

[21:54] and easy to read without excessive text colors Graphics or other features that

[21:59] reduce their eligibility the digital sign shall utilize automatic dimming

[22:04] technology as certified by the manufacturer to adjust the brightness of

[22:09] the sign relative to ambient light so that at no time shall the sign exceed a

[22:14] brightness level of 02t candle above ambient

[22:19] light All Digital signs shall contain a default mechanism that will cause the

[22:25] sign to revert immediately to a black screen if the sign functions and then f

[22:30] is the last one digital signs shall have no sound or auditory

[22:36] components be cool slow

[22:40] [Laughter]

[22:45] down just I thought and go to church yeah

[22:58] okay well compare the vision of the

[23:05] driver so the darker it is at night and the brighter it is is going to be

[23:11] definitely above the ambient light in the area is

[23:16] that 80 I don't 2T candles above ambient light you know like what the ambient

[23:23] light at midnight is going to be very low it's going to be whatever lights are

[23:29] kind of in the area the Dollar General sign and street lights

[23:34] or any other light this this is going to be a hard measurement yeah you know but

[23:40] if they have control on yeah and they we give them the rule in paper yeah

[23:48] you then there's an automatic dimming system that'll try and keep it at

[23:54] that okay all right

[23:59] 10 know8 very busy road yes it is yeah and coming into an intersection

[24:06] there okay all right

[24:11] then all right you may be seated sir thank you thank

[24:17] you is there any opposition to this

[24:24] petition okay um we'll close the public hearing at

[24:30] this time and it is time for any further board discussion among the

[24:40] members I got a feeling we've pretty well covered it

[24:45] um I'm calling for a motion then do we have a motion on this petition I'd like

[24:52] to make the motion that we approve it but to make sure that they have the

[24:58] uh documents needed for the information you need as far as the dimming and all

[25:02] that stuff okay so for you know for Ryan so that way you know prove to say when

[25:07] when they come in to get a permit we should get they've already given me a

[25:14] copy and so if there's a problem going forward forward it'll be a code

[25:18] enforcement situation and you know we've done our

[25:22] part at that point okay I like to make a motion that we approve I will second

[25:27] that motion okay we have a motion from Mrs Jones and

[25:33] a second from Mr Johnson scared me every time you

[25:37] [Music] said not used to that Mr

[25:42] Johnson Johnson yes ston yes long yes Pearson yes joh

[25:52] yes motion passed uh you have your uh variance there sir and we thank you for

[25:58] coming in doing things the right way thank

[26:04] [Applause] you

[26:10] okay on a side note with that I I did meet with the town of szer on the

[26:15] rezoning uh uh they rezoned that property the church actually ownes the

[26:20] property on both sides Left Behind szer is actually looking into possibly making

[26:26] all of that General business mhm I know I couldn't get back to the

[26:31] church I went to the school you can't get there from the school from the front

[26:37] drive you have the back Drive

[26:42] okay okay all right then

[26:48] um let's see um under reports we have the permits for

[26:56] last month is there is there any uh uh additional discussion or questions

[27:03] that the board has for the list of permits

[27:09] here is this one of the busier months well yeah I mean we as we get

[27:16] through the summer we get busier but when we start getting into tailor and

[27:19] stuff like that where we've average 25 to 35 million a year it takes one tailor

[27:26] project or something that in at 40 million and it skews everything so right

[27:33] so there's around 70 here looks like okay so that's just a busy month

[27:42] yeah your permit number as you start getting these and what you what you've

[27:46] got emailed to will have each what I emailed to you will have January

[27:50] February and each month will just add okay the next month to it but your

[27:56] you're going to back catch everything thing up is that what you're

[28:00] saying this year Beyond those are all new permits

[28:05] those aren't existing okay so you're at your permit we start like 2025

[28:12] d001 I think your year up to maybe 266 267 will end the year somewhere between

[28:19] 8 and 900 unless there's a big storm that com through then

[28:26] that okay all

[28:29] right

[28:33] um where are we at on the people that are doing that building on

[28:39] nine that be whatever they're doing over there on State Road n you all you all

[28:46] these went in front of the Commissioners uh this morning and the Commissioners

[28:51] denied the resoning okay uh there is a falling out between Mr ugal and who was

[28:58] helping him do it I believe they're no longer working together anymore and Mr

[29:02] evaldi did not show up to the meeting this morning so that's right now that's

[29:07] kind of where it sits we were waiting to find out what they wanted to do today

[29:10] and they no one showed up yeah I um Sunday I seen a guy there and he was

[29:17] burning some of the Lum so somebody's doing something they they have got with

[29:22] IDM air and IDM environmental and working with them don't know what this

[29:28] what does yeah but I was aware and pro what they're doing I think I know it's

[29:36] what I'm hearing is they may know and talk to Mar

[29:40] that's that's

[29:44] here and yes I think everybody should know about the

[29:48] JB JB jgb they go ahead and report that would

[29:53] you that you reported me uh the we had had a project com

[30:00] through it's been a bit now JT Bowers that they were going to put in tow

[30:07] houses in Upland they were trying to do it on one property and they had come in

[30:10] and talked to us they at the time with the property they were asking for a 50%

[30:16] lot coverage instead of the allowed 40% uh and they were asking for a 10t

[30:23] set back on the west side instead of the required 15 if I'm not mistaken

[30:28] they have since uh bought the property beside that one of the one of the

[30:33] gentlemen who was actually here again against it sold them the next door

[30:38] property uh and they're tearing that house down so now they've got two lots

[30:43] there and they're building six town houses U but with with the two lots

[30:50] everything fits so they don't have to get oh street

[30:55] parking yes they they've got it on trying to think of streets but they

[31:00] they've got it on first they've got it down Jo and then they've they're going

[31:04] to actually have parking spots on the

[31:09] west I [Music]

[31:15] think is that zone for apartments yes yeah they were they were

[31:21] good to go last I think so that's R4 isn't

[31:31] I would have to look he he just emailed me last week that they were ready to

[31:36] tear the second house down and we're going to come in with

[31:39] permitting uh but that hasn't happened yet C patri is caddy corner from there

[31:46] yeah that's Taylor now yeah and even with with that we were

[31:52] talking about Taylor the two three story apartments that were across well across

[31:59] the street bought those and they're looking to make those one of them

[32:05] longterm vent and the other one from I think they're in demo mode right

[32:12] now build that marott or whatever that that is I had a meeting uh with their

[32:21] new development director they got another $30

[32:24] million U they're looking to directly across the street they're talking about

[32:29] putting in 55 in older housing more condo type bed and breakfast and like a

[32:36] hotel U they're talking ker Commons about phase two phase two with up has

[32:44] been ready to go for about 2 years but they couldn't take for the concrete what

[32:48] Bron Southerland told me uh so they're looking to help with that there was a

[32:53] third thing that they were looking at with the additional

[32:59] so that'd be north of the medical center there you're talking about across yeah

[33:06] yeah directly north that property directly north it's going to be like a

[33:09] hotel into condos

[33:14] into they got I meanone none of that is to fruition it was she was coming in

[33:20] introducing herself and here's what we're looking to do U talking to Brandon

[33:26] zoning stuff like that just kind of hey we're going to have to work together on

[33:31] this just introducing yourself I we we've got a really good

[33:36] relationship with what's going on right now most of those guys we just called

[33:39] they meet us and we walk through their projects with so that's kind of what

[33:43] we're looking to do thank you I all know that happen um

[33:49] are they going to be paying any taxes since this is Under the Umbrella of

[33:53] Taylor I don't believe so but that's not yep it's oh

[34:01] boy you got to pay income tax so that's about it things like ker Comm some of

[34:08] those things that to help with

[34:16] those okay

[34:21] um there another thing I wanted you to think about is that uh in our rules we

[34:30] do according to the rules Robert's Rules of procedure and that's a a thick book

[34:38] that uh I've done some reading in and we don't quite follow it

[34:46] now I looked on the internet and there's a Roberts Rules of Order for small

[34:51] boards more so fits us it's two pages long

[34:58] um but it still has a few things in there that I think we would be a little

[35:03] bit uncomfortable with one is a requirement for a board member to raise

[35:07] their hand before speaking and be authorized by the chair

[35:13] to speak if you told me that I would raise my

[35:16] hand if you refer to me well no I'm not referring to any of you directly since

[35:22] none of us do that of us do so anyway but what I'm saying is we could make

[35:29] some modifications of that and uh use something similar so that we uh we don't

[35:37] run a foul of not following our own rules uh so uh at our next meeting I'll

[35:48] make a note to bring that with uh some suggested changes and uh we'll go

[35:55] through it I think I'll probably just try and email it out to

[35:59] you I'll mail you one bill and uh are we going to need a motion for that we will

[36:07] okay when we when we actually get a look at

[36:14] it another thing that uh I've noticed the County Council does and it's it's

[36:20] just kind of on an order of you know how they do things and that is if someone

[36:28] has a motion and a second they always open it up for public

[36:36] comment now most of our motions and Seconds come after we have a public

[36:43] hearing yeah so we don't need a public comment then after a public hearing

[36:48] because we've given everyone a chance to speak either for or against but if we

[36:53] pass something additionally like we say okay we're going to use Robert's Rules

[36:57] of Order for small boards and we make a motion a second before we go to take a

[37:03] vote we should always open that up for just any public comment a lot of times

[37:09] there probably won't be but there might be and I just and in our open government

[37:15] I want to give a chance in case someone wants to address an issue so but there

[37:23] would still be an argument no matter what if you're against that you're still

[37:28] going to argue whether you have Roberts or Johnson's rules yes you're going to

[37:33] argue with them that's the way it goes we're in America that's what happened

[37:37] yes Roberts was in England he didn't know yeah and with this set of rules

[37:43] it's concise enough that that we can just pull it out okay and

[37:49] see

[37:52] okay I don't think we're that far off we're not but you know since I have to

[37:58] administer the rules that book is very thick and I've

[38:02] only gone through parts of it that I thought applied to us and on the spur of

[38:07] making a meeting and trying to delve into that book and find a passage that's

[38:12] unlikely but with a two-page system I think we can easily

[38:19] manage that and stay within rules so anyway next month August next not next

[38:27] month we usually don't meet in July unless there's a special

[38:31] need if we have uh if we have several people wanting

[38:37] permits we may call a special meeting so that they don't have to wait two

[38:43] months which we've we've done that one time since we said we would do

[38:49] it okay but in the 15 or 16 years that's the only time that that it's happened

[38:58] so okay so anyway it may not happen again this year but our next meeting

[39:04] that is August now also

[39:09] um at this time do we have any other reports from the

[39:16] office okay and do we have anything from the public we have any public comment

[39:21] for today Now's the Time Mr saltz please

[39:27] come to the

[39:30] podium well I'm still frustrated what happened

[39:35] in your January meeting because my wife and I were never

[39:40] given a certified letter at the last meeting I got a copy

[39:46] of the barcode that said a certified letter was sent to firmount Indiana my

[39:52] wife and I I didn't get the copy of the letter to

[39:56] see the letter to see when it was returned or what happened with it but I

[40:00] went to the post office or my wife did and we found out that that barcode had

[40:05] never went through the post office and never done any none of the proper

[40:11] channels now the first meeting way back in September or whatever we didn't

[40:18] receive a letter we just happened to find out about it and we came to that

[40:22] meeting and protested it I've been here protesting all

[40:26] along different situations I did not know in the January

[40:31] meeting that Mrs Craig was coming in to get her

[40:36] variance because I didn't get a letter which was promised to me I would get

[40:40] certified mail I did not get

[40:45] it I'm so frustrated and tired of all the the falsehoods and lies that

[40:54] come from Mr mot's office to the town of Fairmount to different

[41:00] people Randy Miller did not go over there and Reserve survey

[41:05] that and I got the surveys that was changed that was re-recorded in

[41:12] September mine was recorded 7 days after Mrs Craigs was

[41:17] [Music] recorded we paid Randy Miller to survey

[41:21] the alley also when my new Amendment came through

[41:26] it still shows her house or her deck still either over the property line or

[41:34] on the property line now

[41:39] how everybody in here knows you can't pick up a 100y old house and move the

[41:43] damn thing 6 in to change your property line a survey is a survey that's been

[41:48] there forever these surveys go

[41:53] back everybody you know all I here is well we have to we have to depend on

[42:00] what our director or Mr L

[42:05] says we found time and time and time again that it's not the truth he's not

[42:13] telling the truth to everybody and it changes to every damn body every person

[42:18] he talks to you got to watch your mouth I I I I I I corrected I apologize I I I

[42:24] apologize for that but we can't continue to get

[42:31] falsehoods and people to you're an elect you're

[42:36] officials you have to go with the rules and what you're told but if you're told

[42:42] something that's [Music]

[42:45] false it can't be it can't be a proven fact

[42:51] now there was a letter that Mr lot sent to the town of Fairmount

[42:58] September the 21st before their September 25th

[43:03] meeting that says him Nicole Bailey and Randy Miller met over there and checked

[43:12] that property out again I contacted Brandy Miller and he

[43:17] said I never went over there I never met with them over

[43:22] there and I got a camera over there that shows that nobody from Randy Miller's

[43:27] office was ever there and it wasn't until the

[43:31] 20 the the morning to the

[43:36] 25th that Mr mot and Nicole Bailey went over there with a little wheel and

[43:43] they're all don't know where the survey Stakes are at or what it is they're

[43:47] masing off then the next morning after town has her

[43:53] meeting they meet he meets with Ryan goset and somebody else from the town

[44:01] and they're driving steak in then no surveyor they're putting

[44:06] stakes in the ground and they said that my Boulders were over the property L

[44:12] they were not over the property line and they gave that to the town of Fairmount

[44:16] so the town of Fairmount mov on boards so

[44:20] now after this all these surveys come back and it still shows my Alley's 10t

[44:29] her part of her property is either over the property line or on top of the

[44:33] property line and it can't be should have had some type of variant setback it

[44:38] can't be zero setback if it's not when they knew no

[44:43] going in now my wife and I were told several

[44:48] times that that porch was over the property line they would make them take

[44:53] it down they didn't make them take the

[44:56] steps down and were 2 and 1/2 ft into the property line until the 26th

[45:01] September the 26th I was in the hospital at that time

[45:05] seei here or there with medical issues all this

[45:08] transpired from the September 23rd and 24th through then and all this other

[45:16] stuff I've got copies of recorded deeds and

[45:19] it's it's falsehood and I'm I'm still frustrated that the BGA board

[45:28] and like I said my wife and I have been here or I've been here several

[45:34] meetings talking with concern about that particular property all along since last

[45:42] April March or April and then to sneak a meeting in

[45:49] that I didn't even get notified that you was going to have a meeting to allow a

[45:54] variance or approve a variance

[45:59] something's wrong with this picture something's totally wrong with it I

[46:04] mean Mrs Jones knows I've been here several times Mr Pearson knows I've been

[46:10] here Mr long knows I've been here several times Mr Young Mr

[46:16] har it's just it's just been a continuation have shoved me around shove

[46:24] my wife and I around for somebody for to the town of

[46:28] Fairmount and it's and it's and it's not right it's illegal it's

[46:35] wrong what are you what are you looking for what am I looking

[46:39] [Music] for I'm looking to get reimbursed I

[46:44] didn't want to put a fence up on that property to start with but I had to to

[46:48] stop the to stop the contractor from driving on my lot then as soon as I

[46:53] start putting the fence up Mr milot goes over and put a stop order on and tells

[46:59] me I can't put my fence up on my property

[47:02] line they got her go ahead and work on hers knowing her steps and stuff is 2ot

[47:07] Into The Alley but that's okay all I'm doing is putting a fence up to protect

[47:12] my property on then when it put put the stop order

[47:16] on it and shoves us around a little bit more we go by boulders to put on the

[47:21] property line and then in September they go over

[47:27] Mr mot somebody from the town of Fairmount not a surveyor goes over and

[47:32] decides for to put a stake I've got pictures of them driving State and

[47:37] stretching and saying that my Boulders are over the property on now I've got

[47:41] I've got some DN much money tied up in this just to protect my property over

[47:47] there instead of and Mr Moran asked me one time what

[47:53] do you want I want my property

[47:57] I want I want a property that we purchased and I don't want to be shoved

[48:02] around and let people Dy their trucks on it drive scissor lifts and Genie boom

[48:07] and everything else on our property line I tried to be nice and I just put stuff

[48:12] down the alley line just some flags and some tape and stuff all they did run

[48:18] over it and push it over out of the road keep running over it nobody will do

[48:23] anything nobody did a thing I what I think needs to my personal

[48:32] opinion an outside surveyor needs to go over and measure that property line and

[48:37] find out just exactly what's going on there's too many people entwined with

[48:42] this thing Mr mot talks to Randy Miller all

[48:46] the time he talks to Kyle Pinger Craig Pinger David glickfield all these names

[48:53] are thrown out in these emails to different people like talked to this

[48:57] person and he said Mr Soul should be notified he's got to do something nobody

[49:01] ever notified me to do anything the town did send me a certified

[49:06] letter but the first letter was never

[49:12] delivered get a certified letter from the town huh you did get a certified

[49:16] letter from the town of Fairmount the town of Fairmount told me that my

[49:20] Boulders was over the property line and the only reason they knew the boulders

[49:25] were over the property line was because of him that's the letter from certified

[49:30] letter from the town of Fairmount him and Ryan Gosset stretching Lines no yes

[49:36] it is I don't believe it is is there it's a fact is there like you said an in

[49:41] independent uh surveyor that can prove once they measure that this could be

[49:48] easily resolved that way cuz he could say you know if that's the right

[49:51] property line if he me you somebody's going to have to pay for that good not

[49:57] fair to him have to pay my my wife and I paid $3,500 for survey it should have

[50:01] cost us $1,500 that's what I'm saying the town of Fairmount paid $2500 to get

[50:06] the alley survey just the alley I had the whole our property and the alley

[50:10] survey and then afterwards I find out that there's some changes or some calls

[50:17] made that somebody needs to help some person

[50:21] out not ask but I the down M has 10t alleys they've all

[50:29] been plotted 10t alleys since way back when they have no easement no right and

[50:35] they have very crooked alleys there's not a straight alley in the I I

[50:40] understand that I don't know how we can tell that your alley is nice and

[50:45] straight when that thing went like this around trees well I didn't plant trees

[50:52] and the for the alley to encroach on our property has nothing to do with with

[50:56] where the property Line's at now my property line has always been where it's

[51:01] at and for them to drive on my property whether the trees are encroaching into

[51:06] their alley or not has nothing to do with my property nothing sounds like you

[51:12] got to talk to Fairmount we we've already ruled we've already made them

[51:17] rules you need to talk to Fairmount but I I feel like in his case

[51:23] we were just ruling on the information that was given to us

[51:28] so you know like he said if he does if we weren't given the right information

[51:33] then you know we just ruled on what what we got from Ryan it's it's just like I

[51:39] was told I was told I had that they mailed me a certified letter now I find

[51:44] out that certified letter never went to the post office it never went through

[51:48] the system

[51:52] so yeah you're right I need to talk to the town affair I need to talk to to

[51:58] different people to try to figure out why this happened why it was allowed to

[52:03] happen and

[52:07] why it's been my burden of responsibility to try to fight this all

[52:11] the way through because I couldn't get the contractor to stop driving on my

[52:16] property I tried to put my fence up on my property line which had nothing to do

[52:21] with the alley but it was my property on it it's still my property on it

[52:27] regardless whether the town's got their 10ft alley or not my property all the

[52:32] alleys were plotted at 10t straight in line just because people encroached in

[52:37] and started putting buildings on them and put trees in the alley and

[52:40] everything else has nothing to do with my personal property line over there my

[52:45] property line is is my

[52:49] deed I mean I still say you got Fair yeah well but you guys at this point you

[52:57] you have your property line established and you have your fence on it and your

[53:02] property is intact the trees have been cut down in the alley by I guess the

[53:07] town of Fairmount and the alley is reestablished the only question in your

[53:14] mind is how did we have to go through all

[53:19] this and put you through all this to get to the point of where your property was

[53:24] established correctly well and then and then

[53:30] the the the untr statements that the house

[53:36] moved or something happened

[53:40] and that me not getting a certified letter

[53:45] has everything to do with it because I would have been here at the January

[53:50] meeting I would have been here I came to the APC meeting that night because Randy

[53:55] Miller Randy Atkins took over as a president that night I came to the APC

[54:01] meeting but I didn't come to the BCA meeting because I didn't know that was

[54:06] transpiring had I had a letter I would have been here I

[54:12] mean what does the office have to say about the

[54:16] letter i that that is what Brenda gave me that she said she sent and I would I

[54:22] would remind uh

[54:26] SS that the meeting was continued in December and in the meeting it was

[54:31] announced that we would be dealing with it in January and you were here for the

[54:36] December meeting you got SP no Mr Craig property was not announced to be

[54:42] continued to January meeting Mr Craig's property was not announced we be going

[54:48] through the January meeting we continued the variance for

[54:53] the zero set back it was continued in the meeting

[54:56] well it was continued in the September meeting the

[55:01] September yeah I'd have to review December's meeting I didn't look at

[55:07] December's meeting for that specific that's what discussing about yeah the

[55:13] variants did come up in the January meeting because we had a survey that

[55:21] showed the house on it and it showed that uh r Andy Miller had rerecorded

[55:29] it and so at that point we thought we were ready to go ahead with the zero

[55:35] setback because his new survey showed that the corner of the house was right

[55:41] to the line but not over it his previous survey and his previous testimony before

[55:48] the Fairmount Town board was that her house addition was in the alley by a few

[55:58] inches I happened to attend that Fairmount Town board meeting and

[56:02] remember it very clearly why he later decided that he

[56:07] needed to go resurvey and recheck and change his survey I can't

[56:14] say look look at this this is that is was filed September the

[56:21] 21st that is a great property still showing the alley and everything

[56:28] but it's showing this now in September

[56:44] [Applause]

[56:50] the8 here's what what was recorded for me

[56:57] it still shows the house and the deck at the

[57:01] property line so what's right what's wrong which one's the

[57:10] latest the out the steps steps was 2T into the alley yes

[57:17] now our the situation as the BCA is concerned is that your property is

[57:25] correct and in attacked her property according to the

[57:30] information we were given we ruled that there would be a

[57:35] zero setback and we granted that variance based on the Zero

[57:40] setback now because there's an alley in between your two properties her house is

[57:46] not on your property so I if she's going to get part

[57:51] of that alley we should get part of that alley well that's an interesting topic

[57:55] for the fair out town I think to discuss but not

[58:00] us um I think you know I think it's unfortunate uh that we're in a spot and

[58:10] that if you could have been here in January you could have had your say

[58:15] prior to this board ruling but at this point um I don't see

[58:22] exactly what the bza can do um you do have

[58:27] recourse you say you're out money you could file a case I'm not urging you to

[58:35] Sue I don't think it's worth it to you but that's your choice that's your

[58:41] freedom to do that but I don't think we have I don't think we have anything else

[58:46] to do

[58:51] um on behalf of the office we do apologize that you did not get no notice

[58:56] of the January meeting

[59:00] [Music] uh offici apologize for something slide

[59:07] through the

[59:11] Cs okay um is there anyone else from the public that would like to speak

[59:29] okay hearing none I'll entertain a motion to

[59:32] adjourn I'll make that motion you raise your to do

[59:39] that all in favor say I I meeting a journ thank you

[59:56] looking

[1:00:00] [Applause] for oh that was on your

[1:00:04] thing I believe there is an effort to get a part-time building instructor to

[1:00:09] help get us brought up you said that get the guy

BZA Meeting June 3rd, 2024

Transcript