[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