1 00:01:00,000 --> 00:01:02,000 All 2 00:01:06,880 --> 00:01:12,960 right, we'll go ahead and get started. Welcome to the August 27th meeting of 3 00:01:10,880 --> 00:01:17,280 the Hancock County [clears throat] Board of Zoning Appeals. 4 00:01:16,000 --> 00:01:20,479 Like to advise everybody that your testimony this evening is being recorded 5 00:01:18,799 --> 00:01:24,080 and taken under oath. We request that anybody that wishes to speak only do so 6 00:01:22,320 --> 00:01:28,240 when called upon. Please come up, face our attorney to my left to be sworn in 7 00:01:25,759 --> 00:01:30,960 before you speak. All persons speaking will be asked to give their full name 8 00:01:29,520 --> 00:01:34,720 for the record. Please spell your na your last name so that we have accurate 9 00:01:32,720 --> 00:01:39,200 meeting minutes. Please turn off all cell phones, electronic devices, any 10 00:01:36,960 --> 00:01:43,759 funny noise makers that you might have. The order of the speaking this evening 11 00:01:41,439 --> 00:01:47,439 is the petitioner starts with seven minutes uh to make their presentation. 12 00:01:45,840 --> 00:01:51,920 That's followed by a collective seven minutes of remmonstrance. We offer 13 00:01:50,159 --> 00:01:56,799 government officials that would wish to speak three minutes and our attorney 14 00:01:54,399 --> 00:01:59,680 will issue I'm sorry. Then we have a three-minute rebuttal period for the 15 00:01:58,320 --> 00:02:03,759 petitioner and then our attorney will issue a two-minute and one minute 16 00:02:01,119 --> 00:02:07,680 warning as your time is expiring. We ask that everybody conduct themselves in a 17 00:02:05,280 --> 00:02:11,440 civil manner and we reserve the right to ask you to leave if you're not able to 18 00:02:09,200 --> 00:02:15,440 do that. Our first item of business is the adoption of the previous month's 19 00:02:13,280 --> 00:02:19,520 meeting minutes that were submitted uh electronically by Dennis. 20 00:02:18,000 --> 00:02:22,480 » Motion to approve. >> Second 21 00:02:20,239 --> 00:02:25,440 » been moved and seconded to approve last month's meeting minutes as submitted 22 00:02:24,000 --> 00:02:27,599 electronically. All those in favor signify by saying I. 23 00:02:27,040 --> 00:02:33,160 » I. >> Oppose. Same sign. Motion carries. 24 00:02:33,599 --> 00:02:37,160 One other thing. 25 00:02:38,959 --> 00:02:44,720 This meeting this evening has been has is being recorded and streamed for 26 00:02:43,040 --> 00:02:47,760 public viewing. By participating, you acknowledge that your image, voice, and 27 00:02:46,160 --> 00:02:50,800 comments may be captured, made publicly available. This meeting has been 28 00:02:49,599 --> 00:02:54,319 properly noticed in accordance with Indiana Code 5141.5. And I like to 29 00:02:53,120 --> 00:02:58,080 remind everybody in the black chairs that those are the ones that are on 30 00:02:55,360 --> 00:03:03,560 camera. So Mike Gibson's always over on the left, so he's not never on the 31 00:02:59,680 --> 00:03:03,560 camera. I'm smart guy. 32 00:03:04,720 --> 00:03:12,800 As far as roll call, we have a full board this evening. 33 00:03:09,599 --> 00:03:18,360 Item number one, I believe, is looking to be continued. Is that where' she go? 34 00:03:19,120 --> 00:03:24,800 Item number one is being would like to be continued. Are they going to request 35 00:03:23,040 --> 00:03:27,280 a continuence or are we doing it? >> Um, 36 00:03:26,959 --> 00:03:31,599 sorry. >> Public notice. 37 00:03:28,640 --> 00:03:36,239 » So, yes. So, number one is >> Dixon. 38 00:03:33,120 --> 00:03:41,200 » Um, yes, we spoke with Dixon and notice was not properly p published. We are in 39 00:03:38,560 --> 00:03:45,040 touch with them still. Um, so they would like to continue to next month. 40 00:03:42,879 --> 00:03:48,400 » Is this his third time? >> I at least second. 41 00:03:46,799 --> 00:03:55,280 » What are our rules on continuing to the BCA? Uh I believe it's was it once is 42 00:03:52,080 --> 00:04:00,319 their um their option. The second the second is I guess our option. Um and 43 00:03:58,159 --> 00:04:04,080 then beyond that I think is uh at your will but Rhonda can you clarify that? 44 00:04:03,280 --> 00:04:07,599 » I'll look it up. >> Thank you. 45 00:04:05,680 --> 00:04:10,959 » Say do we know for sure this is only the second? 46 00:04:09,040 --> 00:04:15,840 » No. Thought it was his third. It might be a 47 00:04:13,599 --> 00:04:20,639 second with public notice. We we continued him the first time because of 48 00:04:17,919 --> 00:04:27,000 uh Oh, his notice was messed up the first time when he was here. 49 00:04:23,759 --> 00:04:27,000 » Third time. 50 00:04:29,199 --> 00:04:35,680 » We We don't have anybody here on behalf of the application. 51 00:04:34,240 --> 00:04:40,240 » Mr. Dixon here. >> No, we informed him that his notice was 52 00:04:38,240 --> 00:04:45,520 needed to be done properly in order for that petition to be heard. Was this the 53 00:04:42,479 --> 00:04:51,199 one the initial not is this a separate instance where the 54 00:04:49,120 --> 00:04:53,680 someone beyond his [clears throat] controls messed up 55 00:04:52,560 --> 00:04:58,160 the notice? >> So the initial time he published the 56 00:04:55,919 --> 00:05:04,560 affidavit of public notice instead of the actual notice of public hearing 57 00:05:01,919 --> 00:05:09,440 and uh that was the reason that it got continued the first time 58 00:05:05,759 --> 00:05:12,880 » and that one was outside of his control. It's 59 00:05:11,199 --> 00:05:17,280 it is the responsibility of the petitioner to provide that sheet out of 60 00:05:15,680 --> 00:05:21,199 their application packet to the newspaper. 61 00:05:18,880 --> 00:05:24,479 Now, >> so that was within his control. I 62 00:05:23,120 --> 00:05:30,400 thought there's that's what I'm trying to understand because there was one that 63 00:05:27,840 --> 00:05:34,320 it was somebody it was an outside party that he had no control over that messed 64 00:05:32,240 --> 00:05:37,919 up a notice. And if I'm mistaking that with this one, that's fine. 65 00:05:36,080 --> 00:05:41,520 » I don't believe that's the case. Now, I also wish that we as a planning 66 00:05:39,520 --> 00:05:46,400 department would have checked and found that the newspaper had not published the 67 00:05:43,440 --> 00:05:50,400 correct sheet out of his packet in a more timely manner. Um, since then, we 68 00:05:48,720 --> 00:05:53,360 have been checking much more diligently to make sure that notice has been 69 00:05:51,759 --> 00:05:57,360 properly done, which is why he is not here tonight because we were able to 70 00:05:55,360 --> 00:06:02,000 definitely say that he had not published notice in a timely manner. 71 00:06:00,240 --> 00:06:06,479 So >> our rules say one by right, one by 72 00:06:04,400 --> 00:06:11,199 election, and then the rest by election of the board. 73 00:06:08,800 --> 00:06:14,520 » I don't see I'm just I just searched on the word continue. 74 00:06:16,720 --> 00:06:25,000 » I could find there's three times that's mentioned and 75 00:06:20,720 --> 00:06:25,000 anything about the time number of time 76 00:06:25,759 --> 00:06:29,319 that the board mate 77 00:06:33,440 --> 00:06:40,479 we perhaps put that on the backlog for consideration 78 00:06:38,160 --> 00:06:43,520 for rules next the next round whenever we're 79 00:06:42,160 --> 00:06:48,479 looking at that. It'd be nice to have some guidance on that. 80 00:06:46,319 --> 00:06:54,199 Perhaps we've discussed it and just didn't find it appropriate to 81 00:06:50,080 --> 00:06:54,199 incorporate in the last round of rules. 82 00:06:57,520 --> 00:07:05,120 I don't remember when he first came. >> So the only concern is that um three 83 00:07:03,199 --> 00:07:08,800 times and this fills up [clears throat] our agenda and we are bumping other 84 00:07:07,039 --> 00:07:12,080 people potentially. Not this time though, right? We didn't bump other 85 00:07:09,919 --> 00:07:18,919 people. Okay. All right. Would we be bumping any other applications next? 86 00:07:15,360 --> 00:07:18,919 » Uh no. 87 00:07:19,280 --> 00:07:28,240 » Um okay. Motion to continue case 26-2682. 88 00:07:25,199 --> 00:07:33,039 um with a stern note that this uh would likely be the last opportunity to get 89 00:07:30,960 --> 00:07:36,479 the notice right. >> Second. 90 00:07:34,800 --> 00:07:42,880 » All right. It's been moved and seconded to continue item number one due to 91 00:07:39,919 --> 00:07:46,560 improper public notice to the September meeting. All those in fa in favor 92 00:07:45,440 --> 00:07:53,919 signify by saying I. >> I opposed. Same sign. Motion carries. 93 00:07:50,800 --> 00:07:57,840 Item number two, I understand, was withdrawn. 94 00:07:55,680 --> 00:08:01,599 So, we just need a motion to accept the withdrawal of item number two. 95 00:08:00,879 --> 00:08:05,840 » Seconded. >> All right. It's been moved and seconded 96 00:08:03,199 --> 00:08:08,960 to accept the withdrawal of item number two. All those in favor signify by 97 00:08:08,160 --> 00:08:11,919 saying I. >> I. 98 00:08:09,759 --> 00:08:16,000 » All oppose. Same sign. >> Motion. 99 00:08:12,560 --> 00:08:20,319 » Before we move to item number three, I notice we got six items on the agenda. 100 00:08:18,080 --> 00:08:25,440 I'm only showing uh item three and five in my packet. 101 00:08:22,879 --> 00:08:28,160 » Item three is Laughlin. Is that correct? And item five is Hocket. 102 00:08:27,599 --> 00:08:30,479 » Mhm. >> Those are the two we'll be hearing this 103 00:08:29,919 --> 00:08:33,680 evening. >> Number six is Kerr. 104 00:08:31,840 --> 00:08:36,800 » I'm going to be requesting a continuence for Kerr. 105 00:08:34,479 --> 00:08:41,200 » Okay. >> Could we perhaps um accelerate our 106 00:08:38,959 --> 00:08:44,080 review of items number four and six for anybody who might be in attendance this 107 00:08:42,880 --> 00:08:47,320 evening? >> I concur. 108 00:08:47,920 --> 00:08:54,560 Oh, you want to move on to item number >> four and six in case there's anybody 109 00:08:53,440 --> 00:08:56,560 here for those >> is number four sing. 110 00:08:56,160 --> 00:09:00,320 » Yeah, >> sing is continued. It's number five 111 00:08:58,480 --> 00:09:02,880 hocket that will be on the agenda and heard 112 00:09:00,560 --> 00:09:10,600 » tonight. You want to Is there anybody here that's u 113 00:09:05,440 --> 00:09:10,600 for item number four J Singh? No. 114 00:09:10,880 --> 00:09:16,200 » Anybody here for item number six? Richard Kerr. 115 00:09:16,560 --> 00:09:23,120 » All right, let's just move on to We'll just jump out of order here. We'll move 116 00:09:19,600 --> 00:09:27,519 on to item number four. That one we're looking uh to be continued due to 117 00:09:25,760 --> 00:09:29,519 improper public notice like the last one. 118 00:09:28,000 --> 00:09:33,200 » How many times has this been in front of us? 119 00:09:31,200 --> 00:09:37,279 » This is the first time that the extension of the special exception has 120 00:09:35,920 --> 00:09:44,880 been in front of you. It was in front of you a year ago and was approved. This 121 00:09:40,800 --> 00:09:48,720 primary plat is also um in consideration at plan commission and has been 122 00:09:46,959 --> 00:09:52,800 continued a couple times there as well for public notice issues. 123 00:09:50,240 --> 00:09:57,519 » Okay. And so it's a new public notice issue. 124 00:09:55,519 --> 00:10:04,279 May I ask if that's a strategic opportunity that we're dealing with that 125 00:10:00,160 --> 00:10:04,279 we're we're doing out? 126 00:10:05,680 --> 00:10:11,120 » What do you mean? They Well, [clears throat] 127 00:10:10,240 --> 00:10:15,279 » Mike, >> yeah, this one's 128 00:10:13,440 --> 00:10:19,600 this is a time extension, right? And they they were continued at the planning 129 00:10:17,279 --> 00:10:22,480 commission this month as well. >> Yes, 130 00:10:20,720 --> 00:10:27,680 » I think that's what you're getting at. >> I'm getting at utilizing [clears throat] 131 00:10:24,399 --> 00:10:34,040 public notice as a forright opportunity for delay, 132 00:10:29,600 --> 00:10:34,040 » which stays a time extension. 133 00:10:37,519 --> 00:10:43,680 um >> normally requires it to have some sort 134 00:10:40,720 --> 00:10:47,320 of underlying finding and a continuation of existing conditions. 135 00:10:48,959 --> 00:10:57,027 » If it if it continues, it doesn't extend their date, does it? 136 00:10:55,007 --> 00:10:57,027 [clears throat] 137 00:10:57,920 --> 00:11:01,360 » Rhonda, >> I I sorry I'm 138 00:11:00,720 --> 00:11:04,160 » I think it's >> Sorry, I'm not putting together all the 139 00:11:02,800 --> 00:11:07,760 component. I probably will not be able to give you an answer. Item number four, 140 00:11:05,680 --> 00:11:10,640 » I'm not following the timing thing that you're talking about. 141 00:11:08,480 --> 00:11:14,480 » So, item number four was a time extension, a special exception time 142 00:11:12,959 --> 00:11:22,240 extension. >> Uh, it's they've requested to continue 143 00:11:18,320 --> 00:11:26,079 due to improper public notice. >> All I can tell you is I I know that the 144 00:11:24,000 --> 00:11:30,399 I believe this is the one where the they were really wanting it to go forward and 145 00:11:28,160 --> 00:11:34,800 actually made a case for why we should put it forward um on the acreage. I 146 00:11:34,079 --> 00:11:37,120 believe it was. >> Mhm. 147 00:11:35,440 --> 00:11:40,959 » And we found another notice problem where 148 00:11:39,120 --> 00:11:45,920 the addresses, two addresses were wrong, or maybe three, and we didn't think they 149 00:11:43,360 --> 00:11:50,560 got the certified or the the mailing. So, 150 00:11:48,399 --> 00:11:53,560 I felt like they were wanting to move forward. 151 00:11:55,120 --> 00:12:03,600 » Then we found another problem that hung them up. Was it was their continuence at 152 00:12:01,600 --> 00:12:09,440 the plan commission also public notice? I believe it was [clears throat] 153 00:12:06,880 --> 00:12:12,959 » they misnumbered one of the um at least one of the addresses involved. I believe 154 00:12:12,560 --> 00:12:15,920 on both. >> Oh, maybe I'm confusing those two then 155 00:12:14,720 --> 00:12:18,000 because >> you're correct. It had both issues. 156 00:12:17,680 --> 00:12:20,880 » Okay. >> Yeah. 157 00:12:19,279 --> 00:12:22,800 » What's the expiration of the special notice or the special exception right 158 00:12:22,399 --> 00:12:25,920 now? >> One year. 159 00:12:23,920 --> 00:12:32,639 » Which which what date? Uh it was September of 2025. So I think September 160 00:12:28,959 --> 00:12:37,040 25th maybe of 2025. Uh BZA hearing in September of 25. 161 00:12:34,240 --> 00:12:42,880 » And the special exception is for what? >> It is for a convenience store or gas 162 00:12:40,000 --> 00:12:47,440 station in the commercial neighborhood zoning district. 163 00:12:45,200 --> 00:12:52,639 » Status of permitting. >> Not no uh permit has been issued. 164 00:12:51,120 --> 00:12:56,760 Was this approved under our previous 165 00:12:57,200 --> 00:13:03,880 zoning and approvals? It was okay. 166 00:13:03,920 --> 00:13:12,000 Yeah. Yep. So, 167 00:13:08,560 --> 00:13:19,639 all right. With that, do I have a motion uh to continue item number four due to 168 00:13:15,440 --> 00:13:19,639 its improper public notice? 169 00:13:21,040 --> 00:13:28,600 Did I have a Did you Nobody made it. Can't second yet. 170 00:13:24,240 --> 00:13:28,600 » Oh, I thought she [laughter] did, too. 171 00:13:28,720 --> 00:13:33,200 » Anyone? >> So, so moved. 172 00:13:31,040 --> 00:13:38,639 » Anyone? Anyone? If they're not here to present, it'll it'll die, right? If we 173 00:13:35,680 --> 00:13:42,639 don't take any action on it, we have to take some sort of an action on 174 00:13:40,160 --> 00:13:48,079 » this sing special exception. >> Um, I believe that was going to be a 175 00:13:44,800 --> 00:13:50,560 continuence to the next BCA. Well, that's what we're talking about. 176 00:13:49,279 --> 00:13:53,440 I'm waiting for somebody to make a motion to continue. 177 00:13:52,959 --> 00:13:57,959 » Did you? >> Oh, do I have a second to continue? 178 00:13:58,399 --> 00:14:01,720 No second. 179 00:14:04,959 --> 00:14:10,480 [laughter] I will second it then. So, all right. 180 00:14:08,639 --> 00:14:16,000 All right, it's been moved and seconded to accept the um continuence to 181 00:14:13,199 --> 00:14:20,000 September for item number four due to improper public notice. Dennis, we will 182 00:14:18,480 --> 00:14:23,000 need to call the role I think on this one. 183 00:14:23,120 --> 00:14:30,399 » A yes is to continue. >> Any discussion? What what happens if 184 00:14:26,320 --> 00:14:36,399 there's a no action? Well, in the case of public notice, did 185 00:14:33,920 --> 00:14:40,959 is there some I would hate for us to miss an opportunity here to have 186 00:14:38,399 --> 00:14:46,399 everybody represented, is there is it a right of the petitioner to have another 187 00:14:43,519 --> 00:14:50,720 opportunity to come back um to speak their case and then if the board still 188 00:14:47,920 --> 00:14:54,440 feels that no action is required, they can make it at that time. 189 00:14:55,120 --> 00:15:02,320 If this one is denied and they're not the motion is not given a continuence, 190 00:15:00,480 --> 00:15:06,079 right? >> And one thing I would have to check is 191 00:15:03,760 --> 00:15:11,360 to see if there are any um provisions about the weight the wait time um if 192 00:15:09,839 --> 00:15:15,639 that's relevant >> and then whether they'd have to refile. 193 00:15:17,199 --> 00:15:23,839 » If if we don't continue then we will have to hear the case and they're not 194 00:15:22,240 --> 00:15:29,440 here to present, right? So we would have to we would have to vote on the on the 195 00:15:27,120 --> 00:15:34,160 continue on the we'd have to vote on the time extension, [clears throat] 196 00:15:30,959 --> 00:15:39,440 » right? So that's kind of one of the risk is when they're not here, but staff told 197 00:15:37,199 --> 00:15:42,880 them they didn't have to be here or >> we let them know it would be continued 198 00:15:41,360 --> 00:15:46,160 because the public notice was not properly sent to all the property 199 00:15:44,399 --> 00:15:49,360 owners. So even if there were people in support of something like this, they 200 00:15:48,000 --> 00:15:54,240 also would not have been given the chance to come. So that's where 201 00:15:51,199 --> 00:15:57,199 everybody receiving that notice is important. 202 00:15:55,120 --> 00:16:02,320 » It would tip typically be an automatic continuence. We typically just vote on 203 00:15:58,800 --> 00:16:06,720 it as for the record. So an automatic, but I guess if we don't accept it, I 204 00:16:05,360 --> 00:16:09,519 think it automatically continues anyways, right? Based on 205 00:16:08,000 --> 00:16:12,560 » Well, it's since it's a notice provision, I mean, there's kind of 206 00:16:10,880 --> 00:16:16,320 fairness on the side of the people that didn't get the opportunity to be here. 207 00:16:16,079 --> 00:16:21,759 Oh, >> that's true. Yeah. [clears throat] If 208 00:16:17,600 --> 00:16:26,079 there's traders. So, all right. So, we'll go ahead and take 209 00:16:23,120 --> 00:16:29,320 the vote for the record. So, call the role. Dennis. 210 00:16:30,480 --> 00:16:35,560 » Yes. >> Yes. 211 00:16:41,680 --> 00:16:44,680 » Yes. 212 00:16:45,199 --> 00:16:53,519 » Okay. So item number four, J Singh will be heard on September 213 00:16:52,240 --> 00:17:00,320 whatever that meeting date is. I don't have it here. September meeting. 214 00:16:56,399 --> 00:17:04,720 All right. That moves us to item number three, a live one, a variance to allow 215 00:17:03,279 --> 00:17:06,959 an accessory structure in the front yard. 216 00:17:05,360 --> 00:17:09,520 » We want to go to six because we had attendees. 217 00:17:07,919 --> 00:17:13,679 » Well, item six is going to have a presentation. So we'll just go ahead and 218 00:17:11,520 --> 00:17:17,439 leave it in proper order. Then you've got a presentation. Mr. Gibson's here. 219 00:17:15,839 --> 00:17:20,400 » Well, I at least can reason to you why I am having to request a continuence. 220 00:17:19,199 --> 00:17:24,880 » Mhm. >> Yeah. We'll just go ahead and move in 221 00:17:21,600 --> 00:17:30,839 our regular order here this evening so not to hold up the two that are in 222 00:17:27,839 --> 00:17:30,839 line. 223 00:17:30,880 --> 00:17:35,799 So, item number three, Mr. Laughlinary 224 00:17:36,320 --> 00:17:39,720 structure variance. 225 00:17:45,120 --> 00:17:52,480 All right. So, our we do have a staff report for the Laughlin family. Um Oh, 226 00:17:51,120 --> 00:17:58,080 sorry. Not plugged in. >> Yeah. I was going to say, will you 227 00:17:54,960 --> 00:18:00,799 » the one on your black? There we go. 228 00:17:59,280 --> 00:18:04,760 » Got it. >> There we go. Thank you. 229 00:18:01,760 --> 00:18:04,760 » Okay. 230 00:18:04,960 --> 00:18:11,440 » So, Mr. and Mrs. Laughlin live on McCord Road in a little stretch that is not 231 00:18:10,240 --> 00:18:17,600 incorporated into the town of McCordsville in Vernon Township. Um the 232 00:18:14,480 --> 00:18:25,520 property is zoned R1.0. You can see it outlined here on the map, 233 00:18:21,440 --> 00:18:30,880 5574 West McCord Road. Um, they would like to request a variance to allow an 234 00:18:27,760 --> 00:18:34,120 accessory structure, a garage in the front yard. 235 00:18:39,440 --> 00:18:50,559 As you can see, uh, they have a fairly large site here. Um, driveway places 236 00:18:47,120 --> 00:18:57,120 them, uh, over about 200 feet off the road. They do have an additional small 237 00:18:54,000 --> 00:19:04,640 garage or barn in the backyard. Um they have a septic field on the 238 00:19:00,720 --> 00:19:09,360 west southwest side of the house. Um and a large uh turnaround area at the end of 239 00:19:07,679 --> 00:19:14,960 which is where they would like to place this u garage. 240 00:19:12,640 --> 00:19:21,200 So, our standards state that accessory structures must be located um outside of 241 00:19:19,760 --> 00:19:25,440 the front yard, which is anywhere in front of the face of the house, and they 242 00:19:23,200 --> 00:19:30,840 also cannot be located in the side or rear setback uh minimums. 243 00:19:31,360 --> 00:19:40,880 I've given the definition of the front yard here so you can see exactly how it 244 00:19:36,799 --> 00:19:44,799 is uh explained. uh front yard, the horizontal space between the nearest 245 00:19:42,720 --> 00:19:49,679 foundation of a building to the front lot line extending to the sidelines of 246 00:19:47,200 --> 00:19:53,840 the lot and measured as the shortest distance from the foundation to the 247 00:19:51,600 --> 00:19:59,960 front lot line. So very clearly different than the required side and 248 00:19:56,400 --> 00:19:59,960 rear yard setbacks. 249 00:20:06,640 --> 00:20:13,440 I've included just a Google Street shot, street view shot of the residents. Um, 250 00:20:12,000 --> 00:20:17,360 so you can see that they are a significant distance off the road and 251 00:20:15,360 --> 00:20:21,559 where that turnaround is where they would like to put the garage. 252 00:20:25,760 --> 00:20:34,400 Here is the garage they would like to build. 253 00:20:30,320 --> 00:20:38,120 It is a 28 by 32 foot structure with brick Wayne scating. 254 00:20:52,400 --> 00:21:01,039 I've included the variance application decision criteria 255 00:20:56,559 --> 00:21:06,960 um that you can see here um read through just to recap um for a development 256 00:21:04,960 --> 00:21:11,360 standards variance the board may grant a variance from the standards of this 257 00:21:08,640 --> 00:21:16,159 chapter such as height bulk area if after a public hearing it finds a 258 00:21:13,120 --> 00:21:22,159 determination in writing con consistent with IC code that uh the approval will 259 00:21:19,120 --> 00:21:28,240 not be injurious to the general welfare public health, safety, morals, um 260 00:21:24,799 --> 00:21:33,520 adjacent properties will not be damaged um or their values hurt and that there 261 00:21:30,880 --> 00:21:37,039 is practical difficulty. The strict application of the terms of the chapter 262 00:21:35,120 --> 00:21:41,760 will result in a practical difficulty of the use of the property. This situation 263 00:21:39,600 --> 00:21:48,480 shall not be self-imposed nor be based on a perceived re reduction of or 264 00:21:44,720 --> 00:21:55,320 restriction on economic gain. Okay. Conditions may be imposed 265 00:21:51,679 --> 00:21:55,320 uh as me commitments. 266 00:22:02,000 --> 00:22:09,280 So for the variance uh request to have an accessory structure in the front 267 00:22:06,640 --> 00:22:15,679 yard, my staff recommendation is to approve the condition uh guided by the 268 00:22:12,480 --> 00:22:21,679 following section of code. So, for residential subdivisions, um, 269 00:22:18,240 --> 00:22:26,559 built now, uh, if it's a residential subdivision in 270 00:22:24,240 --> 00:22:32,320 minor or major, and if it's located in the R2.5, R3.5, or R5.0, uh, districts, 271 00:22:30,480 --> 00:22:36,960 these are architectural standards that guide architectural um, concerns. It 272 00:22:35,600 --> 00:22:42,799 would not actually apply to this particular lot because it's it's R1.0 273 00:22:39,919 --> 00:22:46,960 and not a subdivision. However, I did find this guidance helpful in 274 00:22:44,720 --> 00:22:53,039 determining a condition for having a accessory building in the front yard. So 275 00:22:49,919 --> 00:23:01,240 that's why I chose to site this. So for garages in these areas and 276 00:22:55,919 --> 00:23:01,240 specifically for garage forward design 277 00:23:01,600 --> 00:23:10,000 there is a provision that garages that pro protrude forward more than 16 ft 278 00:23:07,600 --> 00:23:15,360 shall be side loaded which this one is and shall install a window that faces 279 00:23:12,480 --> 00:23:19,400 the street and that would be my condition that I would add. 280 00:23:19,440 --> 00:23:27,360 So um the approval with conditions um would be that building permits relating 281 00:23:25,280 --> 00:23:31,039 to the variance must be obtained within 12 months of the above approval date and 282 00:23:29,280 --> 00:23:35,520 an occupancy permit must be obtained within 12 months approval of the 283 00:23:33,200 --> 00:23:41,360 building permit or the variances will automatically expire and the variance 284 00:23:39,280 --> 00:23:45,919 only applies to the proposed garage as presented. Uh the exterior design 285 00:23:44,080 --> 00:23:50,159 materials of the garage shall complement the primary structure and be 286 00:23:48,240 --> 00:23:54,799 substantially similar to the design presented which I think it is. Um and 287 00:23:52,880 --> 00:23:58,559 the proposed garage elevation facing the cord road shall include at least one 288 00:23:56,559 --> 00:24:05,760 window and those are my proposed conditions. 289 00:24:02,960 --> 00:24:09,600 » Did you talk to the petitioner about the a stake survey? 290 00:24:07,919 --> 00:24:15,200 » I did not. >> Gutters and downspouts. I did not. This 291 00:24:12,960 --> 00:24:19,120 property is 19 feet from the neighboring property line which is uh meeting the 292 00:24:17,440 --> 00:24:24,480 setback requirements. Okay. >> Um it is only that front yard 293 00:24:20,880 --> 00:24:30,400 requirement that it's uh not meeting. >> All right. Any questions for the staff? 294 00:24:27,279 --> 00:24:36,480 » Any considerations on exterior lighting? >> Uh no. It does have two coach lights on 295 00:24:33,840 --> 00:24:40,039 the garage um pres that was were presented. 296 00:24:37,039 --> 00:24:40,039 » Okay. 297 00:24:41,200 --> 00:24:49,400 Any other questions for staff? All right, we'll have the petitioner 298 00:24:46,000 --> 00:24:49,400 come up, please. 299 00:24:53,200 --> 00:24:58,640 I'm going to swear you both in. If you'd raise your right hand, do you swear or 300 00:24:57,039 --> 00:25:01,200 affirm under the penalty of perjury that the testimony you're about to give is 301 00:25:00,080 --> 00:25:02,880 the truth, the whole truth, and nothing but the truth? 302 00:25:02,400 --> 00:25:05,279 » Yes. >> Please state your name and spell your 303 00:25:04,159 --> 00:25:11,840 last name for the record. >> Jeffrey Laughlin. L A U G H L I N. 304 00:25:09,360 --> 00:25:16,159 » Don Laughlin. L A U G H L I N. >> Okay, you have seven minutes. Go right 305 00:25:13,200 --> 00:25:22,159 ahead. >> She said everything. So, [laughter] 306 00:25:18,960 --> 00:25:26,559 great job. Um, so the only question I would have are is on the uh if you guys 307 00:25:24,880 --> 00:25:31,039 would know so I can tell my builder the windows. Is there any parameters or 308 00:25:29,360 --> 00:25:36,840 anything I need to know about that? Is it just one? Is it two? special sizes 309 00:25:39,200 --> 00:25:45,039 » at least one is what it says in the conditions as it says in the guiding 310 00:25:42,720 --> 00:25:48,960 documents. So at least one typically what we say is of a similar design 311 00:25:46,960 --> 00:25:52,760 pattern as the main structure. >> Okay. 312 00:25:49,760 --> 00:25:52,760 » Yeah. 313 00:25:54,240 --> 00:26:00,080 » Um a lot of probably not terribly important with your property but one of 314 00:25:58,240 --> 00:26:05,679 our standard conditions has been in the past to have a stake survey done. That's 315 00:26:02,640 --> 00:26:08,400 simply uh by a surveyor and that's simply so that when the building 316 00:26:06,640 --> 00:26:14,320 inspector comes out they can verify visually that it's within all the 317 00:26:10,799 --> 00:26:17,120 setbacks that you're committing to. Um 318 00:26:15,840 --> 00:26:20,080 kind of protects you too to make sure that you're inside of your setbacks and 319 00:26:18,640 --> 00:26:22,480 whatnot. So would you have a problem adding that to your project 320 00:26:21,440 --> 00:26:26,039 » doing a stake survey? >> Yeah. No. 321 00:26:23,039 --> 00:26:26,039 » Okay. 322 00:26:29,840 --> 00:26:35,080 » All right. Any questions for the petitioner? 323 00:26:37,919 --> 00:26:42,148 You like to talk about garages? Come on. >> I'm good on this one. 324 00:26:41,279 --> 00:26:45,919 » You're good with this one. [clears throat] Okay. [laughter] 325 00:26:44,080 --> 00:26:49,120 » All right. If no questions, we're all we're all good. 326 00:26:47,360 --> 00:26:52,720 » I have I do have just one question. When I was talking to my builder today, he he 327 00:26:50,960 --> 00:26:57,760 mentioned something and we're just I'm just going to ask the question. So, 328 00:26:54,240 --> 00:27:03,039 we're at 28 by 32 now. Um he said if we did the 30x 32 it'd be a little more 329 00:27:00,159 --> 00:27:07,840 structural sound and we would have more space in the side for doors coming up 330 00:27:05,919 --> 00:27:10,880 you know opening and closing and it's still under 1,000 ft. So, I didn't know 331 00:27:09,520 --> 00:27:15,600 if that's something that I would have to do a a whole variance again or if that's 332 00:27:13,600 --> 00:27:18,880 something that could be handled in the building permit stage. 333 00:27:17,120 --> 00:27:25,120 » Ben, depend upon how you did the notice and what was identified in the notice. 334 00:27:23,120 --> 00:27:28,880 » 28 by 32. That's how we can approve. We can we could probably improve less 335 00:27:26,480 --> 00:27:33,919 tonight but not more. [laughter] >> Yeah. Yeah. If the notice had the 336 00:27:32,320 --> 00:27:38,679 mention on it, then we're probably stuck. Oh, 337 00:27:35,520 --> 00:27:38,679 » it didn't. 338 00:27:39,120 --> 00:27:44,720 accessories. >> So, as long as they stay under the 339 00:27:42,880 --> 00:27:47,919 square footage, they're fine and stay within the setbacks. Okay. 340 00:27:47,440 --> 00:27:50,400 » All right. >> What's the What's the parameters you're 341 00:27:49,360 --> 00:27:56,919 looking for? >> 30 by 32. 342 00:27:52,559 --> 00:27:56,919 » So, just two extra feet on the front, 343 00:27:57,679 --> 00:28:00,679 » maybe. 344 00:28:02,960 --> 00:28:12,159 » Yeah. So, which direction would you be going towards your driveway? 345 00:28:10,159 --> 00:28:18,000 » I would I would split it in that turnaround. So, it'd be 1 foot one foot 346 00:28:16,240 --> 00:28:22,600 width. It's widthwise, I'm sorry. >> Yeah. 347 00:28:19,600 --> 00:28:22,600 » Okay. 348 00:28:23,840 --> 00:28:30,039 » And I think that gravel is 30 like about 35 ft right there. 349 00:28:30,240 --> 00:28:33,240 » Okay. 350 00:28:33,600 --> 00:28:39,360 All right. Yeah, I think that sounds like that's fine. Just make sure that 351 00:28:37,520 --> 00:28:43,039 that's represented in the drawings for the 352 00:28:41,120 --> 00:28:45,279 permit that are attached to the permit. >> Okay. 353 00:28:43,760 --> 00:28:48,960 » So, that gives the staff another chance to check it before the permit is issued. 354 00:28:47,279 --> 00:28:52,720 » Okay. Perfect. >> Yeah. 355 00:28:50,960 --> 00:28:57,200 » All right. We're all done, I think, with you. Do we have anybody that wants to 356 00:28:53,760 --> 00:29:02,000 speak in opposition to this petition? >> None. All right. We're all set then. 357 00:28:59,760 --> 00:29:05,600 » All right. Thank you. Any any discussion on the conditions? 358 00:29:03,760 --> 00:29:07,760 » But I can make a motion. [clears throat] >> Okay. 359 00:29:06,080 --> 00:29:11,200 » Should this variance be approved, staff conditions will attach with the 360 00:29:09,360 --> 00:29:15,279 exception of a few changes to number two. Uh it applies to the proposed 361 00:29:13,279 --> 00:29:21,120 garage as presented and as amended during discussion 362 00:29:18,480 --> 00:29:27,279 that okay staff can enforce. Okay. Then the um substantially similar to the 363 00:29:24,640 --> 00:29:32,799 design presented um as amended by discussion and then adding a number five 364 00:29:29,760 --> 00:29:41,360 that a um using our typical stake survey language from our approval for variances 365 00:29:36,640 --> 00:29:47,520 that up. Um and then number six that the structure may be increased to 30 by 32 366 00:29:44,880 --> 00:29:52,159 expanding on the width as long so long as setbacks and total square footage is 367 00:29:50,640 --> 00:29:57,279 within uh guidelines. 368 00:29:55,279 --> 00:30:01,760 » Second. >> All right. Moved and seconded that 369 00:29:59,679 --> 00:30:06,880 should this variance be approved to be subject to the conditions as stated. 370 00:30:04,799 --> 00:30:13,720 All those in favor signify by saying I. >> I. I oppose. Same sign. Motion carries. 371 00:30:09,840 --> 00:30:13,720 Go ahead and fill out your ballots. 372 00:30:22,885 --> 00:30:24,905 [clears throat] 373 00:31:00,559 --> 00:31:12,600 Case number 26-2704 is approved. A vote of 520. 374 00:31:09,039 --> 00:31:12,600 » All right. Um, 375 00:31:18,480 --> 00:31:24,240 might put a note in your calendar on that 12 months in case for some reason 376 00:31:22,320 --> 00:31:28,960 you don't build it here this fall just to make sure you get that extended if 377 00:31:26,640 --> 00:31:33,080 you need to so you don't have to redo all this again. Yeah. 378 00:31:35,600 --> 00:31:38,600 Okay. 379 00:31:40,000 --> 00:31:45,440 All right. >> Item number four we dealt with 380 00:31:44,720 --> 00:31:49,840 continued. [clears throat] Item number five is the Keith Hocket 381 00:31:48,000 --> 00:31:54,320 commercial neighborhood special exception. And I'll be mediating the 382 00:31:52,399 --> 00:31:58,200 discussion, but I'll abstain from voting on this one this evening. 383 00:31:59,200 --> 00:32:08,640 » The rules on a tie vote. >> If there's a tie vote, then uh it gets 384 00:32:05,200 --> 00:32:08,640 automatically continued. 385 00:32:10,640 --> 00:32:18,519 So you'll need three three like votes for a direction. So 386 00:32:30,480 --> 00:32:38,159 pocket special exception for a contractor's warehouse. Petitioner is 387 00:32:35,120 --> 00:32:43,120 Keith Hockett. Location is 6822 West US52 in New Palestine in Sugar Creek 388 00:32:40,799 --> 00:32:50,039 Township. The property is zoned commercial neighborhood and it is 7.67 389 00:32:46,399 --> 00:32:50,039 acres in size. 390 00:32:50,799 --> 00:33:01,039 Got a map here showing approximately where it is on US52, north side of US 52 391 00:32:57,039 --> 00:33:08,000 uh just past um before you get to 700 west 392 00:33:03,760 --> 00:33:12,559 and um it is between the um oh the edge of the new Palestine growth area, the 393 00:33:09,760 --> 00:33:18,840 Hancock Health and all of that um stuff that's going on on the south side of US 394 00:33:14,240 --> 00:33:18,840 52 and Sheldom Village. 395 00:33:27,039 --> 00:33:36,000 So the use in this case is that Mr. Hockett would like to operate his um 396 00:33:32,480 --> 00:33:39,200 boat storage business. Um so I'm going to leave it to Mr. Hockett to further 397 00:33:37,600 --> 00:33:44,880 explain his business model and how all of that works. Um but more or less this 398 00:33:41,840 --> 00:33:50,000 is a like a boat storage in these barns and Mr. Hocket goes and brings the boats 399 00:33:47,200 --> 00:33:53,760 to them. You will store everything in these barns. No outdoor storage. At 400 00:33:52,240 --> 00:33:58,320 least that's a condition we've come to. And that's why I've chosen to to look at 401 00:33:55,519 --> 00:34:04,000 this as a contractor's warehouse. Um, I'm listing here the definition of 402 00:34:01,200 --> 00:34:08,000 contractor's warehouse from our from our definitions in our zoning ordinance, 403 00:34:05,519 --> 00:34:12,879 which is an enclosed building within which a construction contractor or 404 00:34:10,159 --> 00:34:17,440 landscape contractor stores construction equipment and other materials 405 00:34:14,560 --> 00:34:21,440 customarily used in the trade. This is a special exception in the CN zoning 406 00:34:19,119 --> 00:34:25,760 district. I understand that this is not a trade 407 00:34:23,839 --> 00:34:32,079 per se. This is not a landscaper or an electrician. Um, this is kind of a 408 00:34:29,440 --> 00:34:35,359 service basically to boat owners to go and get the boat and bring it up for the 409 00:34:33,839 --> 00:34:41,119 winter and then deliver it back to them in the spring. Um, this seemed like the 410 00:34:38,320 --> 00:34:46,320 closest thing I could relate it to in our ordinance. We have mini storage um, 411 00:34:45,040 --> 00:34:51,520 which is where things are stored indoors, but you have a lot of public 412 00:34:48,639 --> 00:34:57,280 coming in and out with their stuff. Uh we also have RV boat storage outdoor, 413 00:34:55,200 --> 00:35:04,240 but once again that's a lot of people coming and parking their things on an 414 00:34:59,920 --> 00:35:11,520 open lot. So both of those seemed like more intensive uses than what Mr. 415 00:35:07,359 --> 00:35:18,079 Hockett is proposing this evening. Additionally, this was another reason, 416 00:35:14,720 --> 00:35:26,560 uh, the CN zoning district is a stretch for this use family of boat storage. Um, 417 00:35:23,680 --> 00:35:30,960 most of our use matrix wants it to be zoned a heavier commercial district or 418 00:35:29,119 --> 00:35:37,680 even an industrial district for this kind of use. However, given that this 419 00:35:34,720 --> 00:35:41,520 site is located in a developing area near New Palestine, as we know, 420 00:35:39,680 --> 00:35:45,920 Sheldomire Village is a really nice area as you get into the Marian County side 421 00:35:43,119 --> 00:35:49,280 of things. And we also have um New Palestine with the hospital development, 422 00:35:48,079 --> 00:35:54,800 all of the new stuff happening down there, the community center. Um CN is a 423 00:35:53,280 --> 00:35:59,599 great zoning district for this particular area to stay. We want this 424 00:35:57,680 --> 00:36:04,480 area to stay zoned as a planning department CN because long-term as these 425 00:36:02,960 --> 00:36:09,119 two areas kind of build toward each other, CN is a great location is a great 426 00:36:07,119 --> 00:36:14,400 zoning district offering a lot of great opportunities for retail um denser 427 00:36:12,480 --> 00:36:18,200 residential options, things like that, serviceoriented businesses. 428 00:36:19,040 --> 00:36:27,280 We do have a section in our land uses um section of the code that says unlisted 429 00:36:24,400 --> 00:36:30,400 or questionable land uses. Any use not listed as a permitted use or special 430 00:36:29,119 --> 00:36:34,320 exception use is considered non-permitted. The planning director may 431 00:36:32,240 --> 00:36:39,440 determine into which category any use is placed. If not specifically listed, but 432 00:36:37,040 --> 00:36:43,920 is similar to another use that is a permitted use or special exception. The 433 00:36:41,839 --> 00:36:49,960 determination may be appealed to the board of zoning appeals consistent with 434 00:36:46,000 --> 00:36:49,960 the provisions of 156.104. 435 00:36:50,160 --> 00:36:56,160 And so that was the section that I used also to justify my interpretation of why 436 00:36:54,160 --> 00:37:02,000 this is a contractor's storage house storage building um or could be looked 437 00:36:59,599 --> 00:37:05,560 at like sorry warehouse um or could be looked at that way. 438 00:37:06,560 --> 00:37:12,800 The yellow buildings on this site plan are existing right now. There's an older 439 00:37:10,160 --> 00:37:15,800 farmhouse um and an existing barn in the back. 440 00:37:16,320 --> 00:37:24,400 You may recall this um particular site because it it did have a history as a 441 00:37:21,599 --> 00:37:28,720 violation. Um but it has been resolved. All fines have been paid and so now 442 00:37:26,240 --> 00:37:33,200 we're basically trying to make the use legal. So that's what we suggested um 443 00:37:31,680 --> 00:37:38,079 back when we were dealing with the violation um that Mr. Hocket do was come 444 00:37:36,320 --> 00:37:41,640 here. Let's make it let's figure out a way to get you legal. 445 00:37:43,280 --> 00:37:49,400 There are elevations of the proposed barn he would like to add to the site. 446 00:38:01,440 --> 00:38:09,240 And here you can see that contractor's warehouse once again is that special 447 00:38:04,800 --> 00:38:09,240 exception in the CN zoning district. 448 00:38:14,491 --> 00:38:19,280 » [clears throat] >> You can also see that this site is in 449 00:38:17,040 --> 00:38:23,680 the corridor overlay meaning commercial sites are held to a stricter standard uh 450 00:38:22,160 --> 00:38:28,880 architecturally. Um one thing that we have going here is 451 00:38:26,400 --> 00:38:33,760 that um there is room for outlots still in the 452 00:38:30,960 --> 00:38:37,040 front as well. So if this area develops, the long lane and keeping the boat 453 00:38:35,359 --> 00:38:40,800 storage use at the back of the parcel actually preserves some area in the 454 00:38:38,720 --> 00:38:43,800 front if this ever became a commercial subdivision. 455 00:38:44,960 --> 00:38:51,839 So, as far as compatibility compatibility with the surrounding land 456 00:38:48,320 --> 00:38:55,760 uses go, um I would point out that the barn built on the railroad tracks from 457 00:38:54,400 --> 00:39:01,359 my understanding and talking to everybody was a seed storage or some 458 00:38:59,359 --> 00:39:05,920 sort of an agricultural use, which makes sense then when you think about it being 459 00:39:02,800 --> 00:39:10,320 built on the railroad tracks like that. I don't know any more than just talking 460 00:39:08,000 --> 00:39:15,119 to people and understanding that. Um there is also a cell phone tower back 461 00:39:12,960 --> 00:39:19,359 there which would prohibit residential construction within like 300 feet of it. 462 00:39:17,599 --> 00:39:23,839 Um so we've got a couple things going on back there along with the active 463 00:39:20,720 --> 00:39:27,359 railroad of course. So I would say for those reasons as 464 00:39:25,680 --> 00:39:31,200 well, this use is actually fairly compatible. 465 00:39:29,680 --> 00:39:33,920 The proposed use and its scale are generally compatible with the 466 00:39:32,320 --> 00:39:38,079 surrounding uses and land development pattern. The presence of yet the cell 467 00:39:35,760 --> 00:39:42,480 phone tower limits residential uses on most of the lot leaving space for 468 00:39:39,760 --> 00:39:46,640 commercial uses. A smallcale indoor boat storage facility provides a service to 469 00:39:45,040 --> 00:39:50,800 the community members while limiting people's presence near the tower on a 470 00:39:48,400 --> 00:39:55,760 constant basis. Getting boats into this lot is possible due to its access to 471 00:39:53,119 --> 00:39:59,440 US52. The nature and intensity of the proposed use are appropriate for the 472 00:39:57,440 --> 00:40:02,720 location and the development is not anticipated to negatively impact the 473 00:40:01,280 --> 00:40:05,760 character or functionality of the surrounding areas. 474 00:40:07,359 --> 00:40:13,440 I've also got then of course that just description of commercial neighborhood 475 00:40:10,560 --> 00:40:19,240 which yeah smallcale we're trying to do more retail more walkable stuff that 476 00:40:15,599 --> 00:40:19,240 works next to residential. 477 00:40:21,040 --> 00:40:27,200 All right, these are just some screenshots of the area. You can see 478 00:40:24,079 --> 00:40:30,800 it's US 52 and this kind of site kind of just looks like an old farmhouse on the 479 00:40:28,960 --> 00:40:34,119 north side. It's got some really nice pine trees 480 00:40:37,599 --> 00:40:44,280 and that's Google Street View, so it might be old now, but anyway, that's 481 00:40:40,640 --> 00:40:44,280 what it looked like then. 482 00:40:45,119 --> 00:40:50,920 Once again, we've got decision criteria for special exceptions. 483 00:40:57,440 --> 00:41:02,800 So this is basically where it goes through and says uh the special 484 00:41:01,280 --> 00:41:08,560 exception uh needs to meet these criteria and also 485 00:41:05,280 --> 00:41:11,560 that this board uh may attach conditions. 486 00:41:24,240 --> 00:41:32,800 So in going through those the staff finding is that the special exception is 487 00:41:29,040 --> 00:41:36,560 listed uh in the land use table if we interpret it as a contractor's 488 00:41:34,319 --> 00:41:40,800 warehouse. [clears throat] The special exception can be served with adequate 489 00:41:38,400 --> 00:41:44,359 utilities, access roads, drainage and necessary facilities. 490 00:41:49,760 --> 00:41:57,680 regarding um any element that would cause any condition to be dangerous, 491 00:41:54,800 --> 00:42:02,960 injurious or noxious to any other uh person or property. 492 00:42:00,160 --> 00:42:07,119 The proposed use conducted in accordance with the commitments provided by the 493 00:42:04,640 --> 00:42:11,280 applicant poses no hazardous, injurious or noxious conditions and as a result, 494 00:42:09,440 --> 00:42:18,599 it is important that the commitments be required and recorded with the BCA um if 495 00:42:14,240 --> 00:42:18,599 they approve this special exception. 496 00:42:20,400 --> 00:42:27,839 There is a petitioner commitment as well to add landscaping 497 00:42:25,520 --> 00:42:32,319 uh to screen the property. I did touch base also with the town of New Palestine 498 00:42:30,560 --> 00:42:39,560 and that was one of their concerns was as long as it had like some landscaping 499 00:42:34,800 --> 00:42:39,560 and looked nice basically. So 500 00:42:40,079 --> 00:42:43,160 all right. 501 00:42:43,920 --> 00:42:50,720 Yep. And then pretty much the rest of that goes through to say that um the 502 00:42:48,319 --> 00:42:57,200 commitments that have been developed uh by the petitioner and um everything else 503 00:42:54,640 --> 00:43:01,680 that we've just talked about uh make it a good candidate for a special exception 504 00:42:59,359 --> 00:43:05,760 permit. Okay. Which is why the staff 505 00:43:03,359 --> 00:43:11,280 recommendation is to approve with the following conditions and commitments. So 506 00:43:08,800 --> 00:43:15,599 conditions, a building permit and/or improvement location permit relating to 507 00:43:13,839 --> 00:43:19,760 the special exception must be obtained within 12 months of the approval date 508 00:43:17,680 --> 00:43:24,640 and an occupancy permit obtained within 12 months of that. The BCA reserves the 509 00:43:22,640 --> 00:43:28,160 right to modify or revoke the special exception at a public hearing if it 510 00:43:26,319 --> 00:43:33,040 determines that the business constitutes a public no nuisance. The special 511 00:43:31,040 --> 00:43:37,119 exception shall be limited to and run with the petitioner. The special 512 00:43:35,040 --> 00:43:41,520 exception shall not be transferable to any other petitioner, person, or entity. 513 00:43:39,680 --> 00:43:44,560 So, just like we've done in the past, if Mr. Hocket sells his business to 514 00:43:43,280 --> 00:43:51,040 somebody else, they would need to come in here and have the special exception 515 00:43:47,680 --> 00:43:54,440 essentially transferred to them by this board 516 00:43:54,640 --> 00:44:01,680 re-review requirement for operational changes. So, I think I just went over 517 00:43:58,880 --> 00:44:05,200 that, but um any future expansion to building footprints, operational scope, 518 00:44:03,520 --> 00:44:11,599 or deviation from the approved operational model shall require formal 519 00:44:07,520 --> 00:44:16,160 review and approval by the BCA. Ongoing compliance and revocation. 520 00:44:14,319 --> 00:44:20,160 The petitioner will be required to continuously comply with all stated 521 00:44:18,400 --> 00:44:24,800 conditions and commitments and failure to comply may result in enforcement 522 00:44:22,400 --> 00:44:29,920 action or revocation of the special exception approval which I think 523 00:44:28,319 --> 00:44:36,400 we've been there so I hope we don't go back there in that case. um 524 00:44:33,520 --> 00:44:41,280 enhanced corridor overlay screening. The petitioner shall install and maintain 525 00:44:38,480 --> 00:44:46,000 enhanced landscape screening along the US 52 frontage uh and property 526 00:44:44,240 --> 00:44:50,160 perimeters fully compliant with the zoning ordinance which I believe states 527 00:44:48,319 --> 00:44:54,160 that that screening could be closer to those buildings as well. Thus kind of 528 00:44:51,920 --> 00:44:57,880 preserving the field in front and kind of staying out of those 529 00:44:58,240 --> 00:45:05,599 building placement restrictions. The proposed 80 by 200 barn shall be cited 530 00:45:02,560 --> 00:45:10,720 no closer to US52 than the existing residence and structures on the property 531 00:45:07,839 --> 00:45:14,319 maintaining the setback depth. So the barn can't be any closer than the 532 00:45:12,240 --> 00:45:20,040 residence is right now and it's well in front of um it works with the site plan 533 00:45:16,800 --> 00:45:20,040 as proposed 534 00:45:20,400 --> 00:45:27,040 and the following commitments. Operational hours and outdoor activity 535 00:45:24,640 --> 00:45:32,160 limits. Outdoor movement of boats and staging areas shall be limited to 536 00:45:29,599 --> 00:45:37,680 standard operational hours, 7:00 a.m. to 7:00 p.m. Monday through Saturday. 537 00:45:34,560 --> 00:45:40,800 Indoor storage only. All stored boats, personal property, vehicles, and 538 00:45:39,119 --> 00:45:46,720 equipment shall be housed entirely within the enclosed structures. No 539 00:45:43,520 --> 00:45:51,599 outdoor boat or RV storage. Outdoor storage of boats, recreational vehicles, 540 00:45:49,280 --> 00:45:57,040 RVs, trailers, or equipment is strictly prohibited even on a temporary basis. No 541 00:45:54,960 --> 00:46:02,240 shrink wrapped or visible exterior items. Shrink wrap boats, unwrapped 542 00:45:59,599 --> 00:46:06,880 holes, trailers, or associated inventory shall not be parked, staged long-term, 543 00:46:04,240 --> 00:46:12,640 or visible outside the buildings. Prohibition of retail and public 544 00:46:08,960 --> 00:46:16,160 storage. No retail sales, customer service counters, or public self- 545 00:46:14,319 --> 00:46:19,319 storage operations shall be permitted on the premises. 546 00:46:19,440 --> 00:46:26,000 That's the end of my presentation. Do you guys have any questions for me? Is 547 00:46:23,920 --> 00:46:30,240 » this a owned or leased property? >> Owned. 548 00:46:27,280 --> 00:46:34,720 » Um, and in March of 25 when we started the fines, how long did that last? 549 00:46:32,480 --> 00:46:37,720 » Let me look. Do we have a ledger of total? 550 00:46:58,960 --> 00:47:09,040 All right. So, it looks like in 2024, June of 2024, there was a 551 00:47:05,520 --> 00:47:16,640 compliance deadline set. Um, which seems to mean that there had already been some 552 00:47:11,440 --> 00:47:23,119 activity. Um, let's see. Can read through this. Um, boats were 553 00:47:18,640 --> 00:47:29,680 removed by on Okay. In 2024. All right. Um, see, new complaint was received in 554 00:47:26,720 --> 00:47:34,680 the fall of 24. um 555 00:47:31,200 --> 00:47:34,680 and continued 556 00:47:37,760 --> 00:47:41,240 into 2025 557 00:47:47,119 --> 00:47:55,720 and the case was closed in spring of 25 and the fine was received. 558 00:47:56,400 --> 00:48:03,359 Any more questions? 559 00:48:00,880 --> 00:48:07,760 » Yeah, Kayla, the >> within the 560 00:48:05,920 --> 00:48:12,720 uh corridor, >> what what what is the dimension? Is that 561 00:48:10,240 --> 00:48:14,000 a 600 ft set back from the center line as well? 562 00:48:13,440 --> 00:48:21,040 » Yes. >> Along 52. 563 00:48:15,280 --> 00:48:25,440 » Mhm. So if it is uh isn't there some uh standards as to 564 00:48:23,680 --> 00:48:30,880 masonry if it falls within the the corridor? 565 00:48:29,440 --> 00:48:36,440 » I would honestly have to look back through that and make sure whatever they 566 00:48:32,079 --> 00:48:36,440 do is in compliance. Yep. 567 00:48:37,119 --> 00:48:40,680 » Turn it on here. 568 00:48:57,359 --> 00:49:01,640 Yeah. So, there's the corridor overlay. 569 00:49:02,319 --> 00:49:08,640 I would have to read back through that, make sure that there was see how that's 570 00:49:06,640 --> 00:49:12,960 all written out. Yeah. I think there has to be a certain percentage of 571 00:49:10,880 --> 00:49:15,839 » masonry. Okay. >> If it falls within the corridor, 572 00:49:14,800 --> 00:49:20,240 » that would make sense for like the drainage solutions building that was 573 00:49:17,599 --> 00:49:24,800 recently built on US40. Um, and the masonry requirement for buildings like 574 00:49:21,920 --> 00:49:28,720 that can be something like textured concrete block or something like that. 575 00:49:26,319 --> 00:49:31,760 It doesn't have to be brick, per se. I don't know if that helps or hinders in 576 00:49:29,920 --> 00:49:35,280 cost, but there's some flexibility. >> Yeah. 577 00:49:34,000 --> 00:49:41,040 » Yeah. So, it's probably just something good to note um that it adheres to all 578 00:49:38,480 --> 00:49:46,680 of the regulations of the overlay if it's approved. 579 00:49:43,440 --> 00:49:46,680 Good catch. 580 00:49:48,880 --> 00:49:56,040 All right. Any other questions for the staff? All right. We'll have the 581 00:49:52,480 --> 00:49:56,040 petitioner come up. 582 00:50:00,559 --> 00:50:04,720 Do you swear affirm under the penalty of perjury that the testimony you're about 583 00:50:03,680 --> 00:50:07,520 to give is the truth, the whole truth, and nothing but the truth? 584 00:50:05,760 --> 00:50:10,400 » Do state your name, spell your last name. 585 00:50:08,640 --> 00:50:13,280 » Playing out. >> Okay. 586 00:50:11,920 --> 00:50:17,920 » Good evening. For the record, Russell Brown, B R O WN, with law firm of Clark 587 00:50:15,839 --> 00:50:21,920 Quinn, business address, 320 North Meridian Street, Sweet 1100 in 588 00:50:19,599 --> 00:50:25,760 Indianapolis. Uh Keith Hockett and his wife are here with us as well tonight if 589 00:50:24,079 --> 00:50:31,200 you have questions that I I can't answer. Um, so, uh, the Hawkins have 590 00:50:28,480 --> 00:50:38,160 owned this property since 2022. Uh, so are relatively recent owners of the 591 00:50:33,520 --> 00:50:43,680 property. Um, per currently has that approximately 2200 foot residential 592 00:50:40,480 --> 00:50:48,559 structure and a 60 by approximately 60x 200 uh, out building. The property has 593 00:50:46,960 --> 00:50:52,079 that existing cell tower and as mentioned in staff reports, bordered on 594 00:50:50,480 --> 00:50:56,079 the north boundary by those railroad tracks. As we're talked about tonight, 595 00:50:54,079 --> 00:51:02,880 the request here is for a second out building um that uh staff has classified 596 00:51:00,160 --> 00:51:07,359 as a contractor's warehouse. A portion of the use of this proposed building 597 00:51:04,480 --> 00:51:13,200 would be with Mr. Hockett's business uh which does include the storage of uh 598 00:51:10,640 --> 00:51:18,720 boats, seasonal storage of boats, but also would be utilized for his personal 599 00:51:15,280 --> 00:51:24,319 uh effects as well uh prop uh property, vehicles, etc. uh for in inside storage. 600 00:51:22,800 --> 00:51:30,640 The new building would be set back approximately 400 ft uh from the the 601 00:51:27,520 --> 00:51:34,240 US52 ride ofway and behind the existing residential structure which will remain. 602 00:51:32,720 --> 00:51:38,720 It will not be removed as part of the proposal here. The doors for this new 603 00:51:36,800 --> 00:51:42,720 structure would face to the north. So you would create kind of a courtyard uh 604 00:51:40,880 --> 00:51:48,319 concept between those two buildings. That was purposeful. The goal being to 605 00:51:45,040 --> 00:51:53,680 create to shield uh those overhead doors from the US52 corridor and also shield 606 00:51:51,839 --> 00:51:57,359 uh the doors on this from those residential uses across the railroad 607 00:51:55,599 --> 00:52:03,520 tracks. So very purposeful of trying to create a corridor there trying to shield 608 00:51:59,920 --> 00:52:10,800 uses and and also uh decrease visual impact of those overhead doors. 609 00:52:06,720 --> 00:52:15,359 Um this the configuration here as staff mentioned does reserve that US52 610 00:52:13,359 --> 00:52:19,920 frontage for potential future outlaw development for uh that's in compliance 611 00:52:17,680 --> 00:52:25,520 with the CN zoning that would be more retail or customer oriented as this is 612 00:52:23,280 --> 00:52:29,520 intended to not be customer oriented. There will not be customer visits to the 613 00:52:27,200 --> 00:52:35,599 site. This will be done that boats will be uh dropped somewhere else, prepared 614 00:52:32,640 --> 00:52:40,480 for storage, delivered on site, stored for the season, then removed by Mr. 615 00:52:38,079 --> 00:52:44,319 Hockett or his company and and then delivered to the customer offsite. So 616 00:52:42,480 --> 00:52:47,680 customers will not be delivering boats here. That's part of those that plan of 617 00:52:46,240 --> 00:52:52,240 operation and it's something that we were very purposeful in uh considering 618 00:52:49,839 --> 00:52:57,119 when uh making this request this evening. Uh the site does have pretty 619 00:52:55,119 --> 00:53:01,359 substantial existing trees to both the east and the west. Um those as I went 620 00:52:59,680 --> 00:53:07,839 back and looked at GIS, those have been there for more than 10 years uh on those 621 00:53:04,559 --> 00:53:11,760 on those locations. Uh I don't know the story about why they're there, but I I 622 00:53:09,440 --> 00:53:16,000 think they do largely comply with the landscaping requirements of the overlay 623 00:53:13,520 --> 00:53:20,079 district there. We understand that there is additional requirements for 624 00:53:17,599 --> 00:53:24,480 landscaping located towards the US 52 that would need to be complied with. 625 00:53:22,240 --> 00:53:28,800 There is no setback or height variances are necessary for the construction of 626 00:53:26,160 --> 00:53:34,000 this building. And as we did include a conceptual uh elevations which may need 627 00:53:31,680 --> 00:53:38,800 tweaking based on the location uh in the corridor uh area that we understand 628 00:53:36,480 --> 00:53:43,599 would be completed through the ILP process. Uh prior to filing this 629 00:53:41,119 --> 00:53:48,800 petition, we did meet with staff. Uh that's why our proposed in our letter of 630 00:53:45,599 --> 00:53:53,680 intent, our uh requested or proposed commitments and conditions marry up 631 00:53:51,359 --> 00:53:58,400 nearly identically with those of staff. Um we did uh meet with them and and kind 632 00:53:56,400 --> 00:54:02,880 of go through those before we went through the filing process. Um I will 633 00:54:00,880 --> 00:54:08,559 just say that I did not previously represent Mr. Hockett in those uh in in 634 00:54:06,000 --> 00:54:12,800 the times before you. So this is the first time I've been before you on his 635 00:54:10,079 --> 00:54:17,200 behalf. Um, I will just say that I think there was some misunderstanding between 636 00:54:14,720 --> 00:54:20,880 him and his previous council about where notices were going, what was permitted 637 00:54:18,960 --> 00:54:26,480 and what was not permitted. When notified that it was not permitted, um, 638 00:54:23,599 --> 00:54:30,720 they then did comply. I got involved last fall confirmed. I think that email 639 00:54:28,880 --> 00:54:34,640 that Kayla showed up there was me confirming that all uh that the property 640 00:54:32,960 --> 00:54:39,839 was in compliance and that all fines were paid. And then we got involved in 641 00:54:36,720 --> 00:54:43,359 this process uh here this evening. So um and and the thing that I would also note 642 00:54:41,359 --> 00:54:48,720 is that there is no intended outdoor storage uh under this plan of operations 643 00:54:45,920 --> 00:54:52,000 expressly prohibited and that is uh I think one of the the biggest issues that 644 00:54:50,480 --> 00:54:57,359 was occurring previously is that there was outdoor storage going on and that 645 00:54:54,319 --> 00:55:01,200 thus the reason we're here suggesting a new proposed building and also have 646 00:54:59,680 --> 00:55:06,800 agreed that there will be no outdoor storage as part of the operations uh 647 00:55:03,359 --> 00:55:12,319 here. Um we do believe uh that with those conditions and commitments that 648 00:55:08,720 --> 00:55:18,319 the special exception uh findings of fact have uh and can be met. Belie given 649 00:55:16,240 --> 00:55:23,280 that the orientation of the buildings uh the largely seasonal nature of the use 650 00:55:20,800 --> 00:55:27,920 we believe these uh minimize any potential impact of this proposal on 651 00:55:25,520 --> 00:55:32,240 surrounding properties. Given that largely seasonal nature, uh that the 652 00:55:30,160 --> 00:55:35,680 buildings are mainly used for passive storage. 653 00:55:33,359 --> 00:55:41,440 » The the use is not use is not intended not in intended for public use and will 654 00:55:38,240 --> 00:55:47,280 not has a commitment to that effect. The use will not have minimal impact on 655 00:55:43,760 --> 00:55:51,760 utility drainage and on-site uh on-site traffic. Uh we believe those findings of 656 00:55:49,680 --> 00:55:55,599 fact meet our obligation. We would incorporate them into the record. Uh we 657 00:55:54,160 --> 00:55:58,720 believe this petition stands ready for your approval and ask for your favorable 658 00:55:57,119 --> 00:56:03,200 to vote on the same and happy to answer any questions that you have. 659 00:56:01,440 --> 00:56:07,040 » Uh what is the use of the residential structure? It 660 00:56:04,240 --> 00:56:10,559 » is used as a rental. >> It is it is 661 00:56:08,559 --> 00:56:14,880 » it it is rent it is residentially utilized currently as a rental property. 662 00:56:13,359 --> 00:56:18,720 » If you go to the page with all of the staff recommendations and the 663 00:56:16,160 --> 00:56:22,960 conditions, are you consenting to all the items as outlined by staff? 664 00:56:20,720 --> 00:56:29,359 » Yes. And if the corridor overlay does require 665 00:56:26,319 --> 00:56:33,280 a masonry component, >> we will comply or we'll be back here 666 00:56:30,960 --> 00:56:39,440 with for asking for a variance. So, um I mean my intention is we'll comply. Uh 667 00:56:37,920 --> 00:56:43,040 » you said you are asking for a variance. >> No, I said I said if we're we can't 668 00:56:41,200 --> 00:56:46,480 we'll be back here asking for a variance to that. 669 00:56:44,640 --> 00:56:50,400 » There's there's going to be a staff interpretation on this, I believe. I'm 670 00:56:48,559 --> 00:56:54,960 looking at it right now to refamiliarize myself, but have you read through the 671 00:56:52,319 --> 00:56:59,280 overlay requirements, parking lot, paving, lighting? 672 00:56:56,319 --> 00:57:02,160 » I I have not read through them as it relates um to this property. 673 00:57:01,280 --> 00:57:07,119 » All right. >> The only thing that we've talked with 674 00:57:03,520 --> 00:57:11,359 staff about was uh prior to tonight to the question that raised tonight uh 675 00:57:09,200 --> 00:57:16,160 related to landscaping and buffering requirements. Um and we are in agreement 676 00:57:14,400 --> 00:57:18,799 to comply with those related to the corridor overlay. 677 00:57:17,040 --> 00:57:22,960 » Okay. and your intention to comply is beyond what's outlined here for 678 00:57:20,240 --> 00:57:27,079 landscaping. >> I I'm dealing a little bit 679 00:57:27,280 --> 00:57:31,280 » I'm sorry I don't understand the question. 680 00:57:28,880 --> 00:57:34,319 » Um so one of the requirements that we were asking about is enhanced 681 00:57:32,559 --> 00:57:38,559 landscaping that would be compliant with zoning ordinance and what's outlined 682 00:57:35,920 --> 00:57:41,119 here you wouldn't say this is enhanced. >> No that's show that's showing current 683 00:57:40,720 --> 00:57:45,520 site. >> Got it. Thank you. All right. I we have 684 00:57:43,839 --> 00:57:50,160 one more question on the kind of the procedural history here and it's about 685 00:57:48,240 --> 00:57:56,400 um condition I don't know if you can go to the conditions condition 686 00:57:53,119 --> 00:58:02,160 um number five ongoing compliance um I know that and and you I understand 687 00:57:59,280 --> 00:58:06,799 you've got a kind of state with with an umbrella language there's no intended 688 00:58:03,920 --> 00:58:11,839 outdoor storage well certainly there is none in the zoning ordinance nor was 689 00:58:08,640 --> 00:58:16,799 there in 24 or 25 right so we we this is this has cost us a lot lot of 690 00:58:13,119 --> 00:58:22,000 administrative time and um you know it's it's time for us. And so um number five 691 00:58:20,480 --> 00:58:27,599 concerns me a little bit because it's just a maybe um a paper statement and it 692 00:58:24,799 --> 00:58:32,559 doesn't really have enforcement mechanism 693 00:58:30,079 --> 00:58:38,000 uh ongoing compliance. So really I think what we're concerned 694 00:58:33,839 --> 00:58:43,760 about is the outdoor storage again. >> Yeah. So top five. Yeah. I understood 695 00:58:40,400 --> 00:58:46,400 number three says that there is no uh >> oh what did I 696 00:58:44,799 --> 00:58:50,319 » number three of the the commitment specifically says that there is no 697 00:58:48,559 --> 00:58:54,720 outdoor storage of vehicles and it's expressly prohibited 698 00:58:53,200 --> 00:58:56,720 number three of the commitments says that 699 00:58:55,040 --> 00:59:02,720 » oh yes yes I I think the intent of ongoing compliance is that we we would 700 00:58:58,960 --> 00:59:06,559 just revoke it is is our so so that we value the commitments one 701 00:59:05,040 --> 00:59:10,240 of which is no outdoor storage we enforce with the ongoing compliance and 702 00:59:08,960 --> 00:59:14,240 revocation um and the conditions, right? 703 00:59:12,319 --> 00:59:19,359 » Correct. Yeah. Okay. Yeah. I mean, obviously commitments are enforceable 704 00:59:16,240 --> 00:59:21,599 and failure to abide by them is subject to an enforcement action and a 705 00:59:20,640 --> 00:59:25,280 revocation based on >> and let me ask what was the intention to 706 00:59:23,760 --> 00:59:28,920 have the different definition of conditions and commitments. 707 00:59:37,520 --> 00:59:43,920 This might get into Rhonda territory. Um the commitments can be recorded, right? 708 00:59:42,240 --> 00:59:48,640 Whereas the conditions are part of our staff letter or recorded with or as part 709 00:59:46,880 --> 00:59:54,799 of the staff certification, >> right? 710 00:59:50,400 --> 01:00:01,079 go with the deed and they're um usually conditions are maybe something that are 711 00:59:57,760 --> 01:00:01,079 more temporary 712 01:00:01,440 --> 01:00:06,720 during the time period of instruction or something like that 713 01:00:05,760 --> 01:00:12,000 » or conditions >> in the case of a BCA item like this. Um, 714 01:00:10,079 --> 01:00:16,960 would the term commitments in these case be simply conditions that the petitioner 715 01:00:14,880 --> 01:00:23,680 is just putting forward and agreeing to have included with the conditions? 716 01:00:20,880 --> 01:00:25,920 » Well, some are going to be written commitments and 717 01:00:24,880 --> 01:00:27,440 » Okay. So, [clears throat] recorded separately, 718 01:00:26,640 --> 01:00:31,599 » right? Okay. >> The ones that you've noticed, 719 01:00:30,160 --> 01:00:35,200 » you probably had a reason of why you were you separated them. Do you have a 720 01:00:33,680 --> 01:00:39,599 reason of why you separated them? I wanted to separate them between what the 721 01:00:37,920 --> 01:00:44,400 um what are typical conditions that we use 722 01:00:41,440 --> 01:00:48,200 as BZA items and what the petitioner was committing to voluntarily. 723 01:00:48,960 --> 01:00:55,680 » Okay. So, so I'm going to rephrase my question to you. If we were to consider 724 01:00:52,880 --> 01:00:58,960 all items 1 through 7 and 1 through five as 725 01:00:57,280 --> 01:01:01,040 commitments, is that the term we're using? 726 01:00:59,280 --> 01:01:05,359 » I have no I have no objection to them being recorded. I mean, most counties 727 01:01:02,799 --> 01:01:09,599 record the entirety of those um versus kind of splitting them. So, I don't have 728 01:01:07,119 --> 01:01:13,559 any objection to suggesting that they be recorded. Um, 729 01:01:17,760 --> 01:01:24,480 all right. Any additional questions for the petitioner? 730 01:01:22,240 --> 01:01:27,680 Right. So, none. Do we have anybody that wants to speak in opposition to this 731 01:01:25,760 --> 01:01:32,000 petition? Special exception. 732 01:01:30,559 --> 01:01:34,799 All right. with that. Do we have any discussion? 733 01:01:33,200 --> 01:01:39,839 » I I just really I'm going to go back to number five. As long as they're all 734 01:01:36,079 --> 01:01:44,559 included as a single batch um additional enforcement mechanism beyond what we're 735 01:01:43,040 --> 01:01:48,000 having here, I I just don't know that's available to us. 736 01:01:46,799 --> 01:01:52,280 We would just revoke the special exception, have to go through another 737 01:01:49,280 --> 01:01:52,280 enforcement 738 01:01:53,119 --> 01:02:00,880 » enforcement action or revocation of the special exception. 739 01:01:58,880 --> 01:02:05,119 So if there is a complaint that is verified, this goes straight to public 740 01:02:03,200 --> 01:02:07,920 hearing instead of going through the traditional you get so many notices, so 741 01:02:07,119 --> 01:02:10,640 many chances. >> That's what that is. Thank you. 742 01:02:09,680 --> 01:02:13,520 Understood. >> As long as there's due process involved 743 01:02:12,240 --> 01:02:18,640 and there's an opportunity to be heard and decided, I I that's fine. 744 01:02:16,160 --> 01:02:23,599 » There is. Yeah. It would have to come here. Yeah. 745 01:02:20,720 --> 01:02:29,520 » Thank you. >> All right. Any more discussion? 746 01:02:27,200 --> 01:02:34,079 We have a motion on conditions and commitments. 747 01:02:30,880 --> 01:02:41,760 » Should this I I'll I'll try it. Um should this receive a f u approval 748 01:02:38,640 --> 01:02:47,680 um all staff recommendations will attach 749 01:02:43,839 --> 01:02:53,359 um in one category of conditions and adding an additional one that staff will 750 01:02:50,880 --> 01:02:59,040 interpret the overlay for requirements on masonry, outdoor 751 01:02:55,920 --> 01:03:02,280 paving and other items that might impact the site. 752 01:03:04,960 --> 01:03:11,200 All conditions. >> Well, uh, 753 01:03:09,760 --> 01:03:13,359 » which one's recorded? >> Commitments. 754 01:03:12,160 --> 01:03:16,240 » Commitments. >> Commitments. 755 01:03:14,559 --> 01:03:20,400 » Want them all as commitments. >> Yes. Everything in a single. I don't 756 01:03:19,200 --> 01:03:22,480 differentiating is going to be too difficult. 757 01:03:20,880 --> 01:03:26,640 » Okay. So, if they're all recorded, then you will want Okay. 758 01:03:24,079 --> 01:03:31,720 » I would amend my motion to term them as commitments. Thank you. Yep. Second. 759 01:03:34,720 --> 01:03:41,200 Sorry, taking a note here. All right, it's been moved and seconded that should 760 01:03:38,400 --> 01:03:46,839 the special exception be approved, it be subject to the list of 761 01:03:46,880 --> 01:03:53,680 commitments as stated for the minutes and recorded commitments. All those in 762 01:03:52,000 --> 01:04:00,280 favor signify by saying I. >> I oppose. Same sign. Motion carries. 763 01:03:57,119 --> 01:04:00,280 Your ballots. 764 01:04:15,374 --> 01:04:17,394 » [snorts] 765 01:04:41,520 --> 01:04:44,520 » Mr. 766 01:04:50,000 --> 01:04:59,680 Okay. A special exception case number 26-2707 767 01:04:54,559 --> 01:05:02,160 is granted. A vote of four with one abstaining. 768 01:05:01,359 --> 01:05:07,920 Mr. Long. >> All right. Motion carries. Um Mr. Brown, 769 01:05:05,520 --> 01:05:11,119 take a look at that overlay and make sure you 770 01:05:09,760 --> 01:05:19,880 understand that before you submit the plans and then pay close attention to 771 01:05:13,520 --> 01:05:19,880 the 12 month running clock. Thank you. 772 01:05:22,799 --> 01:05:31,280 All right. Um, item number six, 773 01:05:28,480 --> 01:05:37,720 Richard Kerr, a variance in Vernon Township for required road frontage 774 01:05:34,720 --> 01:05:37,720 reduction. 775 01:05:38,000 --> 01:05:42,545 » Yep. [snorts] 776 01:05:43,920 --> 01:05:47,000 » All right. 777 01:05:47,839 --> 01:05:52,720 why we're continuing Kerr Logan Limited. Is that where we're at? 778 01:05:52,079 --> 01:05:56,559 » Okay. >> Yep. Right. 779 01:05:55,119 --> 01:06:01,839 So, as you guys know, I've been getting some help uh with keeping things afloat 780 01:05:59,039 --> 01:06:06,079 in the planning department. Um and our very talented part-time planner um with 781 01:06:04,400 --> 01:06:12,960 HWC um Axana PHOY um mentioned brought up a 782 01:06:10,720 --> 01:06:20,400 very important point to me and that is that um for variances like this um which 783 01:06:18,079 --> 01:06:26,160 we have been requesting pretty regularly um there may be some room for them to be 784 01:06:23,280 --> 01:06:31,680 interpreted as waivers uh by the plan commission and there's 785 01:06:29,359 --> 01:06:34,799 maybe some interpretation ation room. So that's the reason I'm requesting a 786 01:06:33,119 --> 01:06:39,039 continuence. I want to make sure that I am interpreting this correctly as a 787 01:06:36,880 --> 01:06:44,240 variance versus does it need to be moved over to the plan commission as a waiver 788 01:06:41,359 --> 01:06:47,039 from subdivision control. So as you guys know also there have been some 789 01:06:45,680 --> 01:06:51,599 discrepancies between those two documents which we are hoping soon to 790 01:06:49,359 --> 01:06:56,000 fix um with the zoning ordinance. I don't think that really has much play on 791 01:06:52,960 --> 01:06:59,920 this particular situation. Um, but just to be most fair to the applicant in this 792 01:06:57,839 --> 01:07:04,640 case, I hate to cause a delay, but I also want to do it right. Um, so for 793 01:07:02,480 --> 01:07:10,960 that reason, I'm requesting a variance so I can talk more with Rhonda and also 794 01:07:07,280 --> 01:07:16,960 Axana about moving forward. Does this need to be looked at as a variance um as 795 01:07:13,520 --> 01:07:20,720 we have been or is this actually a an item that needs to be shifted over as a 796 01:07:18,960 --> 01:07:29,920 waiver from the subdivision control ordinance um alongside the primary plat? 797 01:07:26,400 --> 01:07:34,000 » If the UDO is approved next month, does that trip you up with what you're doing 798 01:07:31,839 --> 01:07:37,359 here? It shouldn't, but >> I don't believe it will in this case 799 01:07:35,440 --> 01:07:40,640 because this was filed under the old >> Oh, got it. Yes, it was. Okay, 800 01:07:39,359 --> 01:07:43,640 » Rhonda, is that kind of a correct interpretation? 801 01:07:43,680 --> 01:07:48,720 But yeah, we're just straighten it's like I said, it's all on all on me. It 802 01:07:47,440 --> 01:07:52,640 should it's a little technical thing that we just need to get worked out on 803 01:07:50,000 --> 01:07:57,520 our end. So, okay. Can you can we give the applicant the option of 804 01:07:54,559 --> 01:08:03,839 grandfathering or new UDO through our continuance motion just so we're fair 805 01:08:00,400 --> 01:08:08,720 and because it's a timing issue? >> Well, it's already filed, right? So, 806 01:08:05,839 --> 01:08:10,640 well, it would be a new filing with what you're thinking you're doing 807 01:08:10,079 --> 01:08:13,920 with >> if it went over. 808 01:08:12,160 --> 01:08:19,759 » Yeah, they'd be filing for potentially for waiverss would be a new filing. 809 01:08:16,960 --> 01:08:24,000 » The content really hasn't changed um as part of the new UDO. However, we did 810 01:08:22,080 --> 01:08:28,719 straighten up some definitions and where things were doubly mentioned in both 811 01:08:25,600 --> 01:08:32,239 » backs specifically and frontage specifically. 812 01:08:30,239 --> 01:08:36,880 So, >> okay. I I I think it's fair if this 813 01:08:35,040 --> 01:08:42,239 passes in the meantime through the continuence to allow for either 814 01:08:40,799 --> 01:08:45,440 either the grandfathering or the utilization of the new standard, 815 01:08:43,920 --> 01:08:48,560 » whichever is more helpful, >> whatever they prefer. I don't know what 816 01:08:46,960 --> 01:08:51,839 definition of helpful they would use. I would Mine's probably different. 817 01:08:49,600 --> 01:08:54,640 Whatever Whatever they would elect. >> Okay. 818 01:08:52,480 --> 01:08:58,799 » If we didn't know this was passing or or had to pass, I think it's a different 819 01:08:56,000 --> 01:09:02,839 situation, but we do >> and we're requesting the continuence. 820 01:09:04,319 --> 01:09:10,880 All right. So, this would be a BZA continuence, 821 01:09:09,199 --> 01:09:14,560 I believe. Correct. >> Yes. 822 01:09:12,480 --> 01:09:17,279 » With the potential of a withdrawal. >> Correct. 823 01:09:15,839 --> 01:09:21,040 » Okay. >> Yeah. All right. 824 01:09:19,279 --> 01:09:25,120 » Allow for public comment. >> Well, I was going to say is that Do you 825 01:09:22,960 --> 01:09:30,640 want to have anything to say? No. Nothing. Okay. He doesn't want to go on 826 01:09:27,679 --> 01:09:35,040 the record. Does anybody else? 827 01:09:33,040 --> 01:09:42,080 » Nobody's in favor. Nobody's opposed. Okay. All right. Sounds good. Well, we 828 01:09:38,159 --> 01:09:46,080 may see it uh next month then as a in this form or the possibly the plan 829 01:09:44,640 --> 01:09:49,679 commission could be looking at it as a waiver to the subdivision control. Okay. 830 01:09:48,000 --> 01:09:53,040 » Yes. I did mention to anybody who showed up this evening that they will be 831 01:09:51,120 --> 01:09:56,960 receiving an additional notice regardless because this does need to go 832 01:09:55,199 --> 01:10:00,480 to plan commission for primary plat approval. 833 01:09:58,400 --> 01:10:03,760 So, they'll be receiving another notice as it relates to this project as well. 834 01:10:02,640 --> 01:10:08,640 » Okay, got it. >> Make a motion. 835 01:10:05,280 --> 01:10:13,520 » I'll do it. A motion to continue in line with the staff 836 01:10:10,480 --> 01:10:19,920 recommendation and request, noting that the applicant will have the option of 837 01:10:17,840 --> 01:10:26,640 compliance with existing standards or new OD UDO standards 838 01:10:23,120 --> 01:10:30,239 um as part of the continuence if the UDO is passed in the meantime. 839 01:10:28,480 --> 01:10:34,880 » Second. All right, it's been moved and second 840 01:10:31,920 --> 01:10:39,360 seconded to continue item number six, Richard Kerr's project to September as 841 01:10:37,199 --> 01:10:42,000 stated. All those in favor signify by saying I. I 842 01:10:40,560 --> 01:10:46,719 » oppose. Same sign. >> Motion carries. That concludes our 843 01:10:44,800 --> 01:10:51,560 hearing items. We'll move on to other business for a planning department 844 01:10:48,560 --> 01:10:51,560 update. 845 01:10:53,280 --> 01:10:59,600 » Feel free to come visit my office anytime. Um I'm happy to talk to any of 846 01:10:57,120 --> 01:11:04,719 you. So, we're we're very busy. um many applications. Um we are dealing with 847 01:11:02,640 --> 01:11:07,840 data center stuff as you all know an LOI or letter of interest was submitted to 848 01:11:06,640 --> 01:11:12,000 the board of commissioners and is available in the August 18th board of 849 01:11:10,320 --> 01:11:17,440 commissioners packet if you'd like to read it. um really think that and uh of 850 01:11:15,280 --> 01:11:21,679 course the passage of our UDO or unified development ordinance adoption draft 851 01:11:19,840 --> 01:11:26,239 favorable recommendation at Tuesday's plan commission meeting which will go to 852 01:11:23,760 --> 01:11:32,239 the September 1st board of commissioners meeting um possibly for adoption at that 853 01:11:28,800 --> 01:11:36,159 meeting. So moving right along. >> Yeah. And like she was saying earlier, 854 01:11:34,239 --> 01:11:40,560 there are no zoning changes in this. This is a format change only at this 855 01:11:38,000 --> 01:11:47,719 point for ease of use. 856 01:11:42,640 --> 01:11:47,719 All right. Uh, zoning violations. 857 01:11:47,760 --> 01:11:51,239 Here we go. 858 01:11:57,520 --> 01:12:00,520 All right. 859 01:12:00,640 --> 01:12:13,719 So, there are basically um there were basically Oh, there are six um open 860 01:12:08,000 --> 01:12:13,719 violation cases this month. Any 861 01:12:16,640 --> 01:12:21,960 questions respect to any of them? 862 01:12:29,440 --> 01:12:41,920 I should mention that um I spoke with [snorts] Mr. Bree 863 01:12:37,280 --> 01:12:45,520 um today. I the report was sent out yesterday. 864 01:12:43,440 --> 01:12:52,719 So I spoke with him today and he mentioned that the lawn care business is 865 01:12:49,199 --> 01:12:55,719 no longer operational. So 866 01:12:58,800 --> 01:13:11,440 we I spoke with Kay and um we will be pivoting to the regular um 867 01:13:08,320 --> 01:13:18,560 uh violation remedies. So I he also mentioned that he wouldn't 868 01:13:14,480 --> 01:13:23,360 have any problems um removing the equipment and the debris and even 869 01:13:21,040 --> 01:13:28,719 putting the fence. So I don't I don't foresee that there will be any problems 870 01:13:25,280 --> 01:13:30,560 getting him to comply. Is 871 01:13:28,880 --> 01:13:35,280 » there anything in the conditions or commitments that we pass that could help 872 01:13:32,159 --> 01:13:39,920 you in this or because the enforcement seems to be it 873 01:13:38,800 --> 01:13:44,840 anything help you? I I don't know that there is anything. But 874 01:13:41,600 --> 01:13:44,840 » um so 875 01:13:45,600 --> 01:13:54,800 Caleb mentioned um maybe moving forward there would be like a condition for a 876 01:13:51,840 --> 01:14:01,199 decommissioning of um the home occupation. That would allow 877 01:13:57,360 --> 01:14:07,920 for time to get the debris and everything sorted and all the equipments 878 01:14:03,679 --> 01:14:13,239 removed from the property without enforcement. 879 01:14:09,920 --> 01:14:13,239 Thank you. 880 01:14:14,051 --> 01:14:16,071 [snorts] 881 01:14:18,719 --> 01:14:23,880 What's the next step with the um 882 01:14:24,400 --> 01:14:38,159 Thomas Carter, the US40 moving company? So, um, 883 01:14:33,040 --> 01:14:41,159 I sent out a notice of violation and 884 01:14:41,760 --> 01:14:49,480 I cited him for uh, no, I I sent out just the notice of violation. 885 01:14:50,239 --> 01:14:55,760 » He was supposedly 886 01:14:53,679 --> 01:14:59,920 moving the LA last month. 887 01:14:57,679 --> 01:15:04,400 » Yes. But he's still there. still there >> and I think I'm not I don't know what's 888 01:15:02,480 --> 01:15:07,640 going on with the process with the city of Greenfield 889 01:15:09,760 --> 01:15:14,560 » something in Greenfield >> place in Greenfield yeah 890 01:15:13,002 --> 01:15:18,520 [clears throat and cough] >> you got any insight on that 891 01:15:19,280 --> 01:15:27,520 » might be one to check in on for next month we may have to take more firm 892 01:15:24,560 --> 01:15:31,840 action on that if he's not progressed with his new location. 893 01:15:30,640 --> 01:15:37,760 » No. Is >> it um inappropriate to post the running 894 01:15:35,920 --> 01:15:40,480 ledger of totals that we're looking at here 895 01:15:39,440 --> 01:15:45,840 » post >> um like in the earlier case we saw that 896 01:15:43,679 --> 01:15:49,679 it was a total of $3,000 and that's the first time we did like the running the 897 01:15:47,360 --> 01:15:53,760 running. So in the fine basis it's a per day acrruel under that. I I don't know 898 01:15:51,679 --> 01:15:59,840 if it's easily available just to say oh it's $250 it's $800. Okay. 899 01:15:56,800 --> 01:16:03,840 » If possible, um that might indicate where we need to intervene in a 900 01:16:01,760 --> 01:16:06,000 different way than finding. >> Sure. 901 01:16:04,560 --> 01:16:10,080 » Might help help along. >> Subsequent report should say how much 902 01:16:08,560 --> 01:16:12,640 was cited. Is that >> to date? Yeah. 903 01:16:11,199 --> 01:16:15,360 » Okay. >> I'm assuming no one's paying these as 904 01:16:14,159 --> 01:16:26,159 they go. >> Well, I just sent out the notice um last 905 01:16:21,040 --> 01:16:34,480 well this week. Yesterday, actually. So he and he's supposed to pay a $100 fine. 906 01:16:31,679 --> 01:16:39,760 So >> I also was curious um 907 01:16:37,920 --> 01:16:46,320 one that was going on for a long time was also on US40 and 200 West. It was um 908 01:16:43,920 --> 01:16:52,239 a lawnmower repair. It's a concrete shop now and it had inoperable 909 01:16:50,560 --> 01:16:55,520 restroom facility and a whole bunch of weird things going on, signage 910 01:16:53,679 --> 01:17:01,360 violations and things like that. and it doesn't appear to be resolved as well. 911 01:16:58,239 --> 01:17:08,320 Buyers concrete, right? >> Yes. Um 912 01:17:03,600 --> 01:17:17,520 I last year I followed up cuz Dala had left like a um report on the case and so 913 01:17:13,840 --> 01:17:22,800 he mentioned that he was going to that he was in contact with 914 01:17:20,320 --> 01:17:25,040 the county. So 915 01:17:23,760 --> 01:17:28,640 » that like the health department or something. 916 01:17:25,920 --> 01:17:34,480 » Yes. So I I gave him I believe I gave him um 917 01:17:31,120 --> 01:17:40,880 some time to get all that settled. >> So I I will be pursuing the case again. 918 01:17:39,040 --> 01:17:45,520 » Okay. It just appears like nothing's getting 919 01:17:43,600 --> 01:17:47,840 resolved there either and there's stock piles there now and some different 920 01:17:47,199 --> 01:17:55,280 things. So, >> if [snorts] something about um the board 921 01:17:51,600 --> 01:18:00,719 gave him some time to move out, >> okay, 922 01:17:56,239 --> 01:18:04,000 » and seize operations. I've driven by the location. 923 01:18:02,480 --> 01:18:10,480 I don't think there's any operations going on, but like I can't see for sure. 924 01:18:06,480 --> 01:18:15,400 » Okay. All right. Right. Sounds good. Any other questions 925 01:18:12,159 --> 01:18:15,400 for Dennis? 926 01:18:16,480 --> 01:18:21,679 All right. I think that's it. >> All right. Thank you. 927 01:18:20,159 --> 01:18:27,040 » Keep up the good work. >> Thank you. 928 01:18:24,000 --> 01:18:30,640 » I think that's it. It's no 32 minutes, but it's not 929 01:18:29,600 --> 01:18:34,799 close. >> Slightly over. 930 01:18:32,779 --> 01:18:34,799 [snorts] 931 01:18:36,159 --> 01:18:39,760 » Yeah, we can adjurnn or we can just kind of hang out. Whatever you guys want to 932 01:18:38,880 --> 01:18:43,040 do. >> Making a motion. We adjourn. 933 01:18:40,960 --> 01:18:46,640 » Oh, okay. All right. Move and seconded to adjurnn as opposed to sit here and 934 01:18:44,800 --> 01:18:50,320 hang out. All those in favor signify by saying I. I. 935 01:18:47,600 --> 01:18:53,679 » Oppos. Same sign. Motion carries. See you next month.