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Event transcript
It's a letter. 00:00:16
And complaint where there was just on the number of days or the days. 00:00:23
Correction. It was approved Monday through Friday. 00:00:29
Right. 00:00:33
So we've got to fix that. 00:00:35
Then going back. 00:00:45
Good evening, ladies and gentlemen. I'd like to welcome everyone here to tonight's Floyd County Board of Zoning Appeals meeting on 00:00:51
September 9th, 2024. 00:00:57
In the event you thought you were going to some other reading besides the Board of Zoning Appeals, I would encourage you to figure 00:01:03
out where that is. It is not here. 00:01:07
We have a very full agenda this evening, folks. For the most part for those of us have been on this board a while. They should be 00:01:12
pretty standard, but who knows how long this meeting will last. 00:01:18
On most evenings we had this meeting scheduled. We have a 2 hour window of time to get everything done because there's a meeting 00:01:25
scheduled for 7:00 PM tonight. That meeting is not occurring. But in the interest of all of you who'd rather be anywhere but 00:01:30
sitting here with us tonight, we will try to stick to our time limits as best we can and try to get you out of here within a 00:01:36
couple of hours, I believe. 00:01:42
We we've had an ordinance up on the board that I think establishes. 00:01:50
Yeah, that talks about the rules of the BCA and the time limits that we have. But for benefit of those of you that are here this 00:01:55
evening, I want to be clear what our time limits are. So every time we have an application that comes before us, we have a process 00:02:02
that we go through and we allow time for the applicant to speak. We allow time for those who are in opposition to speak, for those 00:02:10
who are in favor to speak. And then we give a little bit of time for the applicant to respond to whatever has been said. 00:02:17
Those time limits are are 10 minutes for the applicant, 10 minutes for the whoever's here at. 00:02:25
With the public to speak in favor, 10 minutes for those in opposition and 5 minutes for rebuttal. 00:02:33
In the vast majority of cases, we don't take that much time. 00:02:39
If we did tonight, you can do the math yourself. If you've seen the agenda. We'll be here a long time, but I suspect we won't be. 00:02:43
But for those of you that are here and may have an interest in speaking tonight, we we give you the opportunity to come forward 00:02:50
and speak in a few moments and we will start the timer when the first person comes forward. And at the end of that time limit, we 00:02:56
have to shut that down and go to the next phase. Otherwise, as I said, we'll be here all night. So. 00:03:03
I just wanted to get that out in the open before we get started. 00:03:10
With that said, we are going to officially call the meeting to order and we will begin with roll call. 00:03:13
Here. 00:03:20
Here. 00:03:21
Here here. 00:03:24
OK. We do have a full board tonight, so we'll move right on. 1st order of business tonight is your review of the minutes from our 00:03:27
August 2024 meeting. The minutes were sent out and I assume that the board members had a chance to review those and we will 00:03:33
entertain any comments or corrections. At this time. I'll make a motion to approve. OK, we have a motion. Do we have second? 00:03:40
I'll second motion and a second all those in favor signify by saying aye all right, the motion well anyone in the I wish to 00:03:47
abstain because I was not present for part of that meeting. OK, thank you. So we have all but Mr. Bugelhauser are in favor one 00:03:53
abstention of. 00:03:58
Hi camper us. I'm sorry old man moment. Sorry about that. 00:04:05
Mr. Height Camper, correct me on that. Anyway, the the minutes pass as presented. 00:04:12
We do have a couple of items of old business to address this evening and Nick is going to come forward and tell us about agenda 00:04:18
item one. Agenda item 1 is in reference to a ballot from last one. 00:04:24
FCO 6/24/29. 00:04:32
Staff is requesting approval to allow. 00:04:35
Staff to make a clerical correction to that ballot. 00:04:39
Condition number six of that ballot stated Hours of operation limited Monday through Saturday, eight to six, 8:00 AM to 6:00 PM 00:04:44
The. 00:04:49
Minutes prove that the condition was actually Monday through Friday, 8:00 AM six PM. So what was written did not reflect what was 00:04:55
said and voted on, so staff would like the board to. 00:05:02
To amend that ballot, and I would like to. 00:05:10
A vote on that so that we can. 00:05:12
Include that into the record. 00:05:15
OK. So this is really just a clerical matter, but we want to make sure we handle it appropriately. Does anyone have any questions 00:05:20
for Nick on? 00:05:24
On how we're going to handle this. 00:05:28
You need a motion that basically says change it from Monday. 00:05:32
Friday to Monday to Saturday. What was voted on was Monday through Friday. 00:05:36
OK, written down. 00:05:43
OK, All right. So we'll go by what was said and voted. 00:05:45
OK. So I'll make a motion that we amend the minutes to reflect that the work time would be from Monday through Friday. 00:05:50
I'm sorry, just for clarification of ballot, you want to correct the ballot, not the minutes a ballot. 00:05:58
He said Monday to Friday. 00:06:04
Monday to Friday or you want Monday to Saturday? You guys said Monday to Friday. 00:06:07
That's what we want the ballot to say. That's what I said. 00:06:13
Monday to Saturday, so I'm going to I'm asking for your approval to change it to Monday. 00:06:16
Oh, OK. 00:06:22
I'm good, OK. 00:06:23
My misunderstanding. That's the motion to change. 00:06:24
The ballot to read Monday to Friday. 00:06:28
I'll second that. 00:06:32
OK, we have a motion and a second. All those in favor signify by saying aye aye. Any opposed like sign that agenda item passes. 00:06:34
Nick, would you like to tell us about agenda item number two, FC-07-24-34? Yes. This was also tabled from last meeting due to time 00:06:43
restraints. The petitioner here is Brad and Brad Cassetto and model Rocks. The location is 3335 Gap Holly Rd. 00:06:53
And it is in the Arkansas Zoning District, Agricultural Residential. The applicant is requesting a development standards variance 00:07:03
for the construction of an accessory structure garage. 00:07:08
The applicant is requesting the variance to allow that to be. 00:07:15
Placed within the 60 foot minimum required set back for that district. 00:07:18
The subject property is located on road. 00:07:24
Heavily forest with steep slopes. 00:07:29
Adjacent properties are also agricultural residential with single family homes. To the east and West N is Gap Hollow Rd. a handful 00:07:32
of AR properties with single family or homes on that side and to the South is an AR property that is also up to the forest and. 00:07:41
Staff findings are that the approval would not be introduced to the public health, safety, morals and general welfare of the 00:07:50
community. 00:07:53
The lot is located in a low density area that will remain low density due to the presence of steep slopes. The building will be 00:07:57
located 45 feet away from the current right away. 00:08:02
Gap all over. 00:08:09
The use and value of the area adjacent to the property included in the variance will not be affected in that. 00:08:11
Substantially adverse manner due to the topography that decide the neighboring lot sizes and shapes. Building near to the property 00:08:17
lines in the front will not inhibit the use of adjacent properties. The natural slope, vegetation and the screen will minimize the 00:08:23
visibility for the proposed garage. Other properties in the area have already built closer to the standard to the to the set back 00:08:30
requirement. 00:08:36
Due to the presence of water and sloping conditions on those sites. 00:08:44
The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. 00:08:48
A lot dimensions as well as steep slope provide a limited area for building that is safely accessible by vehicle during. 00:08:56
Winter months. 00:09:03
The variance does not involve structure that is near an airstrip and regulated under. 00:09:05
Because staff recommendations. 00:09:11
It would be. 00:09:16
Maintain the vegetative screening between the. 00:09:18
The structure in the right way. 00:09:21
Any questions for me? 00:09:24
Questions, Vinay. 00:09:26
OK. Thank you. 00:09:30
Is the is the applicant or their representative here? 00:09:32
Please come forward, Sir, State your name and address for the record. And by the way, thank you for your patience. 00:09:35
Fred Cassetto 3335 Gap Hollow Rd. New Albany, IN 47150 Thank you for considering your application. 00:09:40
Glad to do it. 00:09:50
Is there anything you'd like us to know aside from what Nick just shared with us? 00:09:52
Pretty straightforward garage to park our cars and get our clutter out of the icing. 00:09:57
All right. Any questions for Mr. Cassetta? 00:10:02
Was that location we used any previously or was it cleared in preparation for this? It had previously been cleared and had been 00:10:06
used as a log yard and various like catches for collect a lot of stuff over over the years and then recently I kind of cleaned it 00:10:13
up. 00:10:19
OK, OK. 00:10:27
Any other questions for Mr. Caseto? 00:10:30
Thank you, Sir. Appreciate it. 00:10:34
OK, we've heard from the applicant. Is there anyone else here this evening to speak in favor of this request? 00:10:37
Seeing none. 00:10:43
We'll move to anyone here in opposition would like to come forward speak. 00:10:44
OK, seeing none. 00:10:51
Mr. Cassette Oh, I assume you had no response to nobody else being here. So with that said, do we have a ballot? 00:10:53
Yes, Sir. 00:10:59
Docket FCO 7-24-34. 00:11:01
After careful review. 00:11:04
The building near to the front of the property line will not be inhibit the use of adjacent properties the natural slope 00:11:37
vegetation. 00:11:41
And a vegetation screen will minimize the visibility of the proposed garage. Other properties in this area have already built 00:11:46
closer than the standard to the property line due to the presence of water and sloping conditions #3 the strict application of 00:11:53
terms of zoning orders will result in practical difficulties. Use the property because the lot dimensions and the steep slopes 00:12:01
provided a limit to the to the building area that is safely accessible by vehicle during the winter #4 the variance does not. 00:12:08
Structure near an airstrip and regulate under Indiana code. 00:12:16
Board of zoning appeals here by grants the petitioner variance at the meeting held on the 12th of August, 2024, approved by the 00:12:20
Board subject to completion of filing condition. Maintain vegetation screen between the building and the road That completes my 00:12:26
ballot. OK, we have a ballot. 00:12:32
Do we have a 2nd I'll second? 00:12:39
Any questions or comments from the board? 00:12:41
OK, seeing none, let's vote all those in favor signify by saying aye aye. Any opposed like son. 00:12:44
Motion passes. Again, thank you for your patience with us. 00:12:50
OK, Next item on the agenda this evening, removing the new business and Nick is going to come and talk to us about agenda item 00:12:54
number 3. 00:12:57
Which is FC-08-24-35. 00:13:01
The petitioner for this application is Peck Property. 00:13:06
Located on 3815 Paoli Pike. They are requesting a development standard variance for screening of outdoor storage materials. The 00:13:10
zoning district is general industrial. 00:13:16
The applicant is requesting the use of a three foot germ and giant herbs and spruce trees spaced 8 feet apart in lieu of an opaque 00:13:24
fence or wall. The property abuts Little Indian Creek to the West and is elevated by a small hillside to the West. 00:13:33
Butts, Little Indian Creek to the east. 00:13:44
And is elevated by a small hillside to the West along E Luther Rd. 00:13:46
Adjacent properties are adjacent. Zoning to the property is residential suburban to the north and West and general industrial to 00:13:51
the east and South. 00:13:56
Uses across daily Pike or any post office and large not single family residential and historic farm. 00:14:02
Across E Luther are three single family residential lots. 00:14:11
The lot directly adjoins the general industrial use. 00:14:16
Staff findings are that the approval will not be addressed to the public health. 00:14:20
Morals and general welfare of the community. The use of the Bourbon trees is consistent with current conditions and not restrict 00:14:24
sight distances or create a physical hazard to adjoining uses. The use of value of the area adjacent to the property included in 00:14:31
the variance will not be affected in a substantially adverse manner. The lot already uses a burn him plantings and screening for 00:14:39
part of the lot that has not affected the use or value of adjacent properties. 00:14:46
That has not affected it. 00:14:54
A Berman plantings will create more aesthetically consistent corridor that is expected to have a more beneficial effect than 00:14:56
opaque fencing or walls. 00:15:01
Restrict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. 00:15:06
The law already has a burner in Plantation, which historically. 00:15:12
Screen the property. Changes in topography on site would render fencing wall screening less effective. 00:15:17
It is not near airstrip regulated by Indiana code Staff has no recommendations. 00:15:25
Regarding conditions please. 00:15:32
OK. Does the board have any questions for Nick? I got a question. 00:15:36
This this buffer we're putting around is part of the property that came in here for approval. 00:15:40
Our Lady of Perpetual Hops, was that not the piece of property? Yeah, historically there was a PUD for Our Lady of Perpetual Cops, 00:15:46
right? 00:15:51
But that did not ever get developed and so it reverted back to its original. OK, so it doesn't have any any substance to this. OK, 00:15:57
alright. 00:16:01
Any other questions, Renee? 00:16:08
OK, seeing none. Thank you, Nick. 00:16:11
Is the applicant? Are they representative here? 00:16:13
The strangers state your name and address for the record, please Justin Andrews, Young Lineage and Craft, 126 W Spring St. New 00:16:16
Albany, IN. 00:16:20
I'm here on behalf of Pet Properties LLC. I have RJ Lamb here from Pet Properties as well. He's in the audience. 00:16:25
I'm not going to repeat staff. Staff summarized the report fairly well. We we do agree that it. 00:16:32
That the use of the berm and tree plantings is going to be frankly more effective in what the stat the ordinance. 00:16:39
Would otherwise suggest. 00:16:46
I also think just from a matter standpoint, that the issue is the ordinance suggests that. 00:16:48
We have an opaque fencing or wall structure which I think a burn would qualify as, so I. 00:16:56
Has a strict application. I'm not sure that we need a development standard variance, but for clarity and after talking to staff, 00:17:00
we wanted to be clear about it and have you guys address it and make sure the other questions are concerned. 00:17:06
But I don't think I think the firm would qualify as this wall structure. 00:17:11
That's required. 00:17:15
And the reality is? 00:17:17
Property if you've been at the Bailey Pike, 3815 Bailey Pike. 00:17:19
Near the post office across from there. 00:17:24
There's a slope to the property, so. 00:17:26
Should we strictly comply with the fence, if you will? 00:17:28
The fence ordinances don't allow it to be built in tile enough to really do. 00:17:32
Anything that's practically helpful so. 00:17:37
It says to comply with defense standards, which limit it to four feet or 8 feet depending on. 00:17:40
Where you put it and the slope of the hill. 00:17:45
Just aesthetically, the berm and the trees we thought would be a better option. 00:17:47
So that's why we're here. 00:17:52
Again, I won't repeat the staff comments on the elements that you guys are to consider, but we certainly don't think it would be 00:17:53
injurious to the joining properties and the value the properties in the area. 00:17:59
If you have any questions, I'm happy to answer. 00:18:05
Questions from the board. 00:18:08
Where it says parking that area up above, I know there are some trees there until you get up next to the road. Is that going to be 00:18:10
parking up above and then below the berm and where there's grass right now? Or what is the plan there? Are y'all moving dirt or 00:18:17
and digging part of that out for parking? I guess what I want to ask. 00:18:25
Let me see, what can I see? What you're showing is parking. 00:18:33
OK, it's got the burn there and then the parking is there. Are y'all removing some of this dirt in these trees or? 00:18:40
What are you doing? 00:18:47
Yes. 00:18:49
Like I don't have the same thing you have and actually that is what we sense that but. 00:19:09
Just for the record, I'll go back, OK. 00:19:14
So the large trees used to be saying would stay, but he is moving dirt up where the blue line is around the edge there to create 00:19:17
the button. 00:19:21
And that will be parking up above between the trees and the berm. 00:19:25
So there's parking, there's an area there already. 00:19:29
The request here is merely for the screening. The site plan details that were also on there are not what's being considered now. 00:19:36
Modifications to the site would require a site plan. 00:19:46
Separately from this matter. So this is really just about the screen. 00:19:51
Thinking it was already sort of screened, that's why I'm questioning are they moving up above that area that is above that area? 00:19:56
And we don't disagree about the rest of the notations on there. We've gone back and forth with staff trying to find an appropriate 00:20:03
solution to this. So that's what that is. But. 00:20:08
So there's going to be an additional burn. 00:20:13
Tree plantings 8 feet apart. Syndicated and recovered later. 00:20:16
In additional parking up there, possibly no parking is not related, OK. 00:20:21
Any other questions? 00:20:27
For Mr. Andrew Swalley's here. 00:20:29
Single one second, Justin. 00:20:33
No, no other questions. 00:20:36
OK. Thank you, Justin. 00:20:38
OK. We've heard from the applicant. I will open the floor for anyone else here this evening that would like to speak in favor of 00:20:40
this request. 00:20:44
Seeing none, we'll close that. Anyone here that would like to speak in opposition to this request? 00:20:50
Seeing none. 00:20:57
Once again, I assume we had no comments. So Justin, you don't need to come back and speak again. We'll go to a ballot. Do we have 00:20:58
a ballot? 00:21:01
Docket FC O8-24-35. 00:21:07
For portions of the lot. 00:21:40
Those type of screening has not affected the use or value of adjacent properties. A Berman planning will create a more 00:21:42
aesthetically consistent quarter that is expected to have a more beneficial effect than opaque fencing in our walls #3 district. 00:21:48
Application of the terms of the zoning ordinance will result in practical difficulties in the use of product because a lot already 00:21:54
has a Berman plantings with which historically screened the property. Changes in topography on site would render fencing and wall 00:22:00
screenings less effective. 00:22:06
#4 The variance does not involve a structure that is near airstrip and regulated under Indiana code. 00:22:12
The Board of Zoning Appeals hereby grants the petitioner of variance at the meeting held on the 9th of September 24th, 24. 00:22:19
Approve The Board is subject to completion of the following conditions. 2 rows of giant arbs and spruce trees shall be planted and 00:22:26
spaced 8 feet apart. The two rows shall be staggered. 00:22:31
The berm shall be constructed such that the trees will not interfere with the overhead utilities that completes my ballot. 00:22:37
OK, we have a ballot. Do we have a 2nd? I'll second that. 00:22:44
We have a ballot and a second. Any other questions from the board? 00:22:47
OK, we devote all those in favor signify by saying aye. Any opposed like sign motion passes. 00:22:52
Congratulations. 00:22:58
OK, next item on the agenda this evening is FC-08-24-36 and once again Nick is going to come and give us the staff report. The 00:23:00
petitioner for this item is Jeremy Loftus Office. 00:23:07
5830 Spring Meadows Dr. They're requesting a development standards variance, the minimum lot size requirement for the rural 00:23:16
residential district. 00:23:22
They are requesting to allow the creation of one new lot. The parent tracking a new track will both be less than the minimum lot 00:23:30
size requirement of 37,000 square feet. 00:23:36
The current lot is 1.377 acres or 59,982 square feet. 00:23:42
I'm sorry, is that and has a single family dwelling on the east portion of it. The new lot will be 32,000. 00:23:54
277 square feet and 27,747 square feet, respectively. The existing home will be on the smaller lot. 00:24:02
Both sites will be on septic and have adequate space for septic. 00:24:13
The parent track received development standards variance for. 00:24:18
Set back 40 feet instead of the normal 60 feet. 00:24:22
That item was FC 10/13/29. 00:24:26
The set back was consistent with other lots in the area and the nearby Spring Meadows subdivision. 00:24:30
The lot size is in Spring Meadows subdivision range in size from 25,743 square feet to 31,232 square feet. 00:24:38
Respectively. 00:24:49
Other lots on Spring Meadow Dr. range from 27,208 square feet. 00:24:50
Two 36,890. 00:24:57
7 square feet. 00:24:59
Adjacent properties are rural residential properties with single family homes to the east and West. To the north is a single 00:25:02
family residential agricultural property to the South or single family lots in the 17 lot Spring Meadows subdivision. 00:25:09
Staff findings are that the approval will not be introduced to the public health safety. 00:25:17
Welfare. The lots are sufficient for appropriate infrastructure and approvals from the health department. Perceptive. 00:25:21
The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse 00:25:29
manner. The new lots will be consistent with other lots in the area in the platted subdivision of Spring Meadows and outside of 00:25:34
the platted subdivision on Spring Meadows Drive. 00:25:40
The strict application of the terms of the zoning ordinance will result in practical. 00:25:46
Difficulties in the use of the property as other lots in the area are consistent. 00:25:50
With the proposed size in the smaller lots will be easier for the current owner to maintain. 00:25:55
The variance is not near an airstrip regularly. 00:26:00
Staff recommendations are. 00:26:08
If approved, recorded miscellaneous documents with. 00:26:11
Tracks noting previous development standards approval in this variance standards approval and that is for kind of record keeping. 00:26:15
It be easier for staff to check that sure. 00:26:22
Any further questions of me? 00:26:31
Nick on the. 00:26:34
The when you say the nearby Spring metal subdivision, that's what this lot is in, in Spring Meadows, is that right? This is not in 00:26:36
the subdivision subdivision. 00:26:41
Let's see in two parts and this is outside of OK, so it's not in the subdivision, right? OK. So the lots that are smaller than the 00:26:47
minimum that we require, the 37,000, is that because it was approved as a as a subdivision, the smaller lots? 00:26:55
Subdivision was approved prior to our our standards as well as a lot of the lots. 00:27:05
All right. Thank you. 00:27:13
Any other questions for Nick? 00:27:16
OK. Thank you. 00:27:20
OK. Is the is the applicant or their representative here? Please come forward, state your name and address for the record. 00:27:23
Good evening Jason Copper Way with Paul Primavera and Associates, 301 E Chestnut St. Court in Indiana, he representing Mr. Loftus. 00:27:29
Jeremy Loftus is also in the audience. Does everyone have a copy of the drawing we submitted in support of the application? 00:27:35
OK, great. And then I also have an aerial. 00:27:43
Thank you. 00:27:54
Obviously, we agree certainly with the staff report and the staff's conclusions that the approval will not be injurious to the 00:28:03
public health, safety, morals and general welfare for the reasons they stipulated. The aerial shows highlighted in In Dark. 00:28:11
The subject property and then it also shows the houses in the vicinity. 00:28:20
That staff correctly notated the size or comparable to the sizes that we're proposing here. 00:28:26
Really the only item I wanted to supplement was was item number three. Strict applications of the terms of zoning ordinance will 00:28:32
result in practical difficulties. I just wanted and and the staff hinted at this, but the owner of the existing home is a Sinkhorn 00:28:38
is a 92 year old widow on a fixed income who needs to wants to reduce her cost for mowing and maintaining the property. And then 00:28:44
in addition, the proposal also meets the objective for infill development to provide additional housing with little to no impact 00:28:50
on on existing infrastructure. 00:28:56
Mr. Loftus did is a licensed installer with Floyd County Perceptics. He did go through the health department as you spoke, the 00:29:02
letter in the file indicating that they get adequate septic for both laws. 00:29:07
So since it fits the neighborhood and the infrastructure is in place and or can be constructed, we believe that it's it's fitting 00:29:13
for the area. Everybody happy to answer any questions you have. 00:29:18
Questions for Mr. Cropper. 00:29:25
So the size of the house they propose is it. Do we know that yet? No, but it would be comparable in. 00:29:28
Value and construction to the to the next square foot wise same comparable roughly it. 00:29:35
It's Mr. Loftus's intention to hold this until one of his daughters is ready to build a house, so wouldn't be immediately 00:29:42
constructed upon to be. 00:29:46
Couple years that but that would be the intent of this brother. Are there any current deed restrictions, not that we're aware of, 00:29:51
but if obviously if there are, we'll have to follow those whatever they are, OK. 00:29:55
Thank you. 00:30:02
Any other questions, Mr. Copley? 00:30:03
OK. Thank you, Sir. Thank you. 00:30:06
OK, we've heard for the applicant from the applicant. 00:30:10
We'll move into the next section of the meeting. Is there anyone here this evening that would like to come forward to speak in 00:30:15
favor of this request? 00:30:18
Seeing none. 00:30:25
Is there anyone here that would like to speak in opposition? 00:30:26
Please come forward, ma'am. We'll start with you. State your name and address for the record. 00:30:30
Come on, Mary Jane Flick. I live at 5833 Spring Meadow Drive, right across the street from Mississippi Horn. 00:30:41
I know that when this house was built, they built it because they could no longer stay in A2 story house. They had this spare lot 00:30:49
right next to them. 00:30:53
When they were planning on building this house. 00:30:58
When they had to put in the sewer, the laterals went way into the property that you're talking about using. So when they say that 00:31:00
the health department has stated that there's enough for all of them. I don't know how because I saw the laterals being built #2 I 00:31:10
just found out how big 'cause they tell you .85 acres. They don't say how big the lots going to be. They give me. 00:31:20
Footage. 00:31:30
It doesn't click with me. 00:31:32
And the new house is being put on the larger because that's the one you want, very important, the smaller ones already there. 00:31:35
I understand that she wants to have. 00:31:43
But I hooked him up with the mower. 00:31:46
And he only charges me $35 a day for mowing. I'm sure he doesn't charge her that much more for mowing so I'm confused as to why 00:31:48
it's OK. The other thing is that if he's going to wait and not build until later on. 00:31:55
What's the septic situation gonna look like then? 00:32:04
Because it's bound to change. 00:32:07
With things that are going on. 00:32:10
We don't want a duplex look. 00:32:12
In our neighborhood. 00:32:15
At all I am not part of the subdivision. 00:32:16
But I just would like for you to consider those things. 00:32:19
Thank you. 00:32:23
Is there anyone else that would like to come forward and speak in opposition? This evening I saw another hand. 00:32:24
Either one of you. 00:32:33
Please state your name and address. For the record, my name is Ian Stewart, 5842 Spring Meadows Drive. 00:32:37
And I don't know if you have a copy of this likewise or I'm sorry, What was your first name again? Ian. Ian. Thank you. Ian 00:32:44
Stewart. 00:32:47
I actually live at the end of the. 00:32:53
Road that there that we're talking about right here and if I could show you this, I don't know if you got maybe this came from 00:32:55
Primavera that. 00:32:59
I'm sorry about yours. 00:33:04
There's a gift. 00:33:06
And you can see I live at the end here, and it's really interesting actually. 00:33:09
They have a green line that's going right down there. No one drainage was ever installed with this. Would you mind speaking to the 00:33:15
mic, Sir? That way we can capture this. No drainage is installed on this road for any of these houses that are there. So I'm the 00:33:22
house that's on the very end and I've dealt for 23 years with all that run off rainwater that comes straight down Spring Meadows 00:33:30
Drive and it comes straight down my driveway. Including Mr. Cheeseman, who? 00:33:37
To quite a bit of expense and trouble to install his own. 00:33:45
Drainage system to deal with at least some of this problem we already have major. 00:33:50
Called flooding, but major water accumulation of this cul-de-sac. I don't know how this will affect it, but I see that I'm sure it 00:33:55
will help it so. 00:34:00
Naturally, my objection to the. 00:34:06
The building of another property there. 00:34:08
That's it. Thank you. 00:34:12
Good evening, Mike Cheeseman, 5843 Spring Meadow Drive. 00:34:19
Live next to Ian. 00:34:24
Caddie corner to the sink horns. I do take offense to some of your staff comments. I mean, where that neighborhood starts and stop 00:34:26
and a lot of people have built and tried to maintain the neighborhood to stay to keep the correct frontage. So I'm not sure that I 00:34:33
agree with that assessment. And per Ian's comment, if the house is built and raises the elevation, it's going to push more water. 00:34:41
And there are, you know, drainage does need to be taken into account and when Mr. Sinkhorn built that house. 00:34:48
He talked to many of us and commented that we had nothing to worry about. No house will ever be built on that lot. 00:34:56
Because of where they oriented the Sept. 00:35:04
And so that that can't happen, it keeps the, you know that you would be below the minimum for septic lines. So I, I, if. 00:35:07
Mr. Loftus, and all due respect, if you want to build the neighborhood, you should have bought the land up the street. 00:35:17
And we're going to get to speak to us. Sorry. But anyway, there's this. This should not be happening. And this is not what Ed 00:35:22
wanted. This is not what the neighborhood wants. And all it does is decrease our property value. 00:35:29
So I'm very much against it. 00:35:37
Thank you, Sir. 00:35:38
Is there anyone else here this evening that would like to speak in opposition? 00:35:41
Seeing none, we'll move to their opportunity for the applicant to come and respond to the comments have been made. 00:35:47
You can see on the drawing that we submitted that the yes, the existing septic system is on we're calling track #1 which would be 00:35:56
the new home location that would be repurposed to serve the new house. Mr. Loftus part of his agreement if if this variance is 00:36:02
approved is to construct a new, a new system next to the existing building. That new system is what informed the decision for the 00:36:09
new lot line so. 00:36:15
There there are, there is room for. 00:36:23
Two septics in that vicinity, one new one for the existing house and then the existing system will be used for this new house. 00:36:25
There was a comment about duplex. Look, these are stand alone single family houses of comparable value. There. There is no 00:36:30
intention to build to build a duplex here. 00:36:35
I think, I think Mr. Loftus, his reputation precedes him in the community. He is a quality builder. I, I don't. 00:36:44
I don't see how one house would make drainage significantly worse, but Mr. Loftus is out there. 00:36:53
Every day doing his best to to control water and whatever development that he's working on. So I think he would take steps to to 00:37:01
do what he could to improve that situation. So I think those are the majority of the concerns that I heard and would be happy to 00:37:06
answer any questions. 00:37:12
Jason explained a little bit as far as give me kind of the timing as far as the septic, because you said that there's going to be 00:37:19
a delay in building the house, right? So go through that for me. What do you? 00:37:27
And the lot is allowed to be created, then Mr. Lawson would have to construct the new system for the existing house, then the then 00:37:37
the lot would be split, and then that existing septic system would be just sitting there dormant. 00:37:43
Until such time as the new house were built. 00:37:50
And then tied into that system. 00:37:53
So to tag on to that because. 00:37:55
Because. 00:37:58
The septic I mean the health department does change their. 00:38:01
Their regulations, I mean, at one time you used to have two systems, remember a backup, they've stopped that, right. So things do 00:38:04
change, understand that, but. 00:38:08
Will you get approval? 00:38:13
Further, I mean the building permit, I guess that's what I'm getting in until you get the building permit. I mean he, he has a 00:38:15
septic permit now he has a permit, I believe as evidenced by that letter. So with that letter. 00:38:21
OK, not an actual permit, so. 00:38:29
So to answer your question. So at that time you would have to satisfy whatever permanent requirements are in place if that means. 00:38:31
1/3 system or if it means expanding the existing system, then that's what he would have to do, right? You have to make that work 00:38:39
with whatever house you were planning there. 00:38:43
So let's say it's the health department changes. 00:38:47
And makes it to where he can't build on it. I mean, that's possible, right? I mean, he would have an unbelievable off. OK, all 00:38:51
right. But he's he's gonna take that chances, right. Typically, they look at existing systems, though, that were built in 00:38:56
accordance with a standard at the time they were installed, right? Sort of his grandfather. So I think it would take an extreme 00:39:02
rule change for them to not allow them to use that system. But but it is possible, right? I understand. And it would be at his 00:39:07
risk. Sure. So to I think it was Mary. 00:39:13
Brought up the subject as far as this septic system. 00:39:19
She knew where it was and all that stuff. That's kind of makes that void because the new system. 00:39:23
Will be totally on. 00:39:28
Right, so drawing I submitted this is the location of the existing system and Jeremy had that flag. We actually went out and 00:39:31
physically located where that is. And then he laid out a new system for the existing sink horse sink horn home indicated here. And 00:39:38
again, that's what that's what informs the creation of these flaw lines. So I guess what I'm saying is a whole new system will be 00:39:46
new and then if there wherever the system was for the existing house now that will become. 00:39:53
New house, that would be a new system also in the future. No, it would be. The plan would be to utilize the existing system 00:40:01
because it's not failed, it's installed. So you're going to use the existing system, correct? 00:40:09
But it will require approval at the time at the time it will require. 00:40:18
Tank. 00:40:24
What would be the timeline if this was approved to put the new septic system in? Is it going to be put in pretty well right away? 00:40:25
In order to split the lot, the new system would have to be installed. So I don't know if it would be this fall yet or it would be, 00:40:30
you know, correct soil conditions for septic installation, but either either this fall or next year when when conditions are 00:40:36
correct. 00:40:42
So that you'll use the existing. I'm just trying to get my hands around this so. 00:40:48
The proposed septic system for Track 2. 00:40:53
You'll use existing septic tank that's on track. 00:40:56
Two, I'm trying to understand how that's how this is going to work. You're just. 00:41:00
I believe it's a whole new system. 00:41:06
So, so the new tank new connection to the house and online yards will would use the existing connection to the house, but whatever 00:41:08
there right to the new system. I believe that's correct. 00:41:13
OK. 00:41:23
So, so from the end, from her tank, from a septic tank that it would flow from there to the new system, right. And that would be 00:41:24
separated from the existing system and those facilities would remain in the ground undisturbed until such time as a new **** bill. 00:41:31
But the new tank, a new tank would then be required for the new house, correct? 00:41:38
Got it. Yeah, Yep. 00:41:47
Sorry, Sir, we're we're. 00:41:49
We've already closed this section for comments, so this is the only thing we can allow now is the rebuttal time. Anything else, 00:41:51
Jason, unless you have questions, any other questions, that's all I had. OK, thank you. 00:41:56
Thank you. 00:42:02
OK. We've heard from the applicant, those four, those again, Sam, we've given them a chance to respond. Do we have a ballot? 00:42:04
Docket FC-0824-36 After careful review, the Board finds that one approval the grants will not be interested public health, safety, 00:42:12
morals and general welfare of the community because the lights are sufficient for appropriate infrastructure and have site 00:42:19
approvals from health department. Further septic systems #2 The use and the value of the area adjacent property included in the 00:42:26
variance will not be affected in a substantial adverse manner because the new lot. 00:42:32
Will be consistent with other lights in the area. 00:42:40
And Planet subdivision of Spring Meadows and outside of the planet subdivision of Spring Meadows draft. 00:42:44
#3 The strict application of terms of the zoning ordinance will result in practical difficulties and use the property because 00:42:50
other lights in the area are consistent with the proposed size and smaller light sizes will be easier for the current owner to 00:42:54
maintain. 00:42:58
#4 the variance does not involve they structured it as near an airstrip and regulated under Indiana code. 00:43:04
The Board of Zoning Appeals. 00:43:10
Hereby GRANTS the petitioner variance at the meeting held on 9th of September, 2024. 00:43:12
Approved by the Board. Substitute completion. The following conditions record miscellaneous documents with both tracks noting 00:43:18
previous development standards. Variance Approval as well as this approval, Applicant shall get staff approval for drainage of the 00:43:24
developed lot. That completes my ballot. OK, we have a ballot. Do we have a second? 00:43:30
I'll second we have a ballot and a second any questions? 00:43:39
Seeing none will vote all those in favor signify by saying aye aye. Any opposed like sign. 00:43:44
Motion passes. 00:43:51
Next item on the agenda this evening is. 00:43:56
FC-08-24-38 and Nick is going to give us an update on that. 00:43:59
The petitioner for this request is Jason Joseph Apple. 00:44:05
Location is 2020 Trio Lane. 00:44:10
They are requesting a development standard variance for an accessory structure in front of the. 00:44:14
Primary but. 00:44:19
Zoning district is Rs. 00:44:20
The applicant is requesting the development standards for the construction of an accessory pool in front of the primary structure. 00:44:24
The property is located on a private drive that is Trio Lane. 00:44:28
That connects to Evansville Green Rd. 00:44:34
The existing house is approximately 1900 feet away from the public right away and is located on a 6.7 acre lot. 00:44:37
The owner also owns adjacent acreage to property. 00:44:45
The home is located at the rear corner of the lot and has a buried gas line to the rear of the home. 00:44:50
The septic systems to the side of the home and there is a steep grade sloping to the rear inside of the home as well. 00:44:55
The proposed pool structure surrounds start from the side of the moon and extend into the front yard. The. 00:45:03
Plans include screening trees toward the front. 00:45:09
The property drive is lined with trees which provide screening to the access point at Trail Lane and is nearly 1000 feet from the 00:45:13
nearest fuel point from Toyota. 00:45:18
Adjacent properties are large, single family, residential and agricultural. 00:45:24
Plots with residential, suburban and rural residential zoning. 00:45:29
Staff findings are that the approval will not be injured to the public health. 00:45:34
General welfare of the community. The location of the structure is secluded from neighboring properties in the public right of way 00:45:38
by large lots in the private drive. 00:45:43
Will not interfere or confuse. Public service provision in the pool will require either offense or retractable cover consistent 00:45:48
with state statute. 00:45:52
The use and value of the area adjacent to the property included. 00:45:56
Will not be affected in a substantially adverse manner. 00:46:00
The lot is located on the private drive and is secluded from neighboring properties by hundreds to thousands of feet. 00:46:04
And vegetative. 00:46:11
The strict application of the terms of the zoning ordinance. 00:46:13
Will result in practical difficulties in the use of the property due to the location of the home, the location of prayer, gas 00:46:17
line, septic lines, sloping terrain. There are no areas on the property where a pool can be located without area. 00:46:23
It is not located near an airstrip related by the unit code. 00:46:31
And staff has no additional recommendations for this. 00:46:36
West, is there any questions for me? 00:46:39
Questions for Nick, do you know what the set aside area on that plat? 00:46:44
What is that? Probably for the other septic? Is it how it is? 00:46:50
We don't have that. It's on the colored map. 00:46:55
It's on a colored. 00:46:58
Just says set aside. 00:47:00
The applicant will have to tell you. OK, I'll ask you. 00:47:03
Any other questions for Nick? 00:47:07
OK. Thank you, Nick. 00:47:09
Is the applicant here or representative of the applicant? Please come forward, state your name and address for the record. 00:47:11
Joe Happel, 2020 Trio Lane, Georgetown, IN. 00:47:19
The answer to your question that set aside is for the. 00:47:23
Time when the health department came out, she said. Hey, Richard set aside. 00:47:26
From the conversation previous conversation, it sounds like we don't need it that is set aside for that. 00:47:33
Anything else you'd like us to know besides that? Well, the. 00:47:41
You all been out several of y'all been out to see the house. It's. 00:47:45
We've positioned. 00:47:50
As as far West as we could without encroaching on the septic itself. 00:47:52
And with the power lines that run in the adjacent property through Roger Harbison's and and I own the field out front. I. 00:47:58
Kind of prohibits any future building there, so. 00:48:06
I appreciate you all coming out and looking at it. I think you'll have the appropriate drawing. I do have some renderings if you 00:48:10
all would like further. 00:48:14
Visual figure. 00:48:18
I'm sorry, I think I only made 5. 00:48:23
Just give us a. 00:48:27
Erial and from the beach, from the travel in our house. 00:48:33
And as you all are have already seen. 00:48:36
As you all already seen the. 00:48:41
It's pretty much dead on. This is everything is finished except the pool. 00:48:43
And we also submitted a video and A and another drawing that shows the distance from the septic and the burn with the pools being 00:48:47
built. 00:48:52
Within SO. 00:48:57
We've done everything we could to keep it as far to the West. 00:48:59
Any questions for Mr. Happy? 00:49:04
Thank you, Miss Tran. Appreciate it. Thank you. 00:49:08
OK, we've heard from the applicant. Excuse me, is there anyone else here this evening that would like to speak in favor of this 00:49:10
application? 00:49:14
Seeing none, anyone here would like to speak in opposition? 00:49:20
OK, seeing none, we'll move to ballot. 00:49:26
Do we have a balance? 00:49:28
Docket FC O8-24-38. 00:49:32
Recovery View. The Board finds that one approval, the variance will not be interest to the public health, safety, morals, and 00:49:36
general welfare of the community. Because the location accessory structure is secluded from neighboring properties and the public 00:49:42
right of way by large lots and a private drive, it will not interfere or confuse public service provisions and the pool will 00:49:48
require either a fence or retractable cover consistent with state statute #2 the use and value of the area adjacent to the 00:49:54
property, including the variance, will not. 00:50:00
Effect in a substantial adverse manner because. 00:50:06
The lot is located on a private drive and is secluded from neighboring property for hundreds to thousands of feet and vegetation 00:50:09
screening. 00:50:13
#3 The strict application of the terms of the zoning yards were resolved in practical difficulties and use product because the 00:50:19
location of the home on the lot, the location of Berry gas line, septic lines and sloping terrain. There are no areas on the 00:50:24
property where a pool could be located without a variance #4 The variance does not involve a structure that is near an airstrip 00:50:30
and regulated under Indiana code. 00:50:36
The Board of Zoning appeals here by grants the petition of the variance at the meeting held on the 9th of September, 2024. That 00:50:42
completes my balance. OK, we have a ballot. Do we have a 2nd? I'll second it. We have a ballot and a second. Any questions? 00:50:49
Discussion seeing none all vote all those in favor signify by saying aye any opposed like son motion passes. 00:50:57
Congratulations. 00:51:05
Next item on our agenda tonight is FC-08-24-39. 00:51:07
And again, Nick is going to come forward and give us a staff report. 00:51:12
The petitioner for this request is Anna Stone. The location 7307 County Line Rd. You're requesting development standard variance 00:51:17
in the rural sub residential suburban. 00:51:23
Zoning District. 00:51:29
They are requesting a variance to allow the building of an accessory structure, a carport that will sit in front of the primary 00:51:31
structure of the tomb. The carport will be built on the existing driveway. 00:51:38
Adjacent properties are Rs properties, residential suburban properties with single family homes. 00:51:46
Located along County Line Rd. there's a church to the east and from South is Kohler Police Subdivision. 00:51:53
The approval staff finds that the approval will not be interested. 00:52:00
LCP models and general welfare of the community. The proposed structure will be 276 square feet. 00:52:04
Detached Carport. The structure will be located 93 feet away from the current right of way for County Line Rd. 00:52:12
And will not interfere with the sight, distance or emergency service provisions. 00:52:20
The use and value of the area adjacent to the property included. 00:52:25
Will not be affected in the substantially adverse manner, being located far from the road with trees providing cover. 00:52:29
In the longest developership. 00:52:37
Residential suburban zoning district. 00:52:40
The variance will not affect the surrounding properties adversely. 00:52:43
The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. 00:52:48
The closest point of the house to the front of the lot is 137 feet from the road. The garage blocks off blocks off the 00:52:55
northeastern side of the parcel in a septic system left off the southwestern side of the parcel, so there is no alternative 00:53:01
location for the structure. 00:53:07
The variance does not involve a structure near an airstrip regulated by immediate code. 00:53:14
Staff conditions would be. 00:53:20
Recommended additional budgetative screening. 00:53:23
Existing Pines. 00:53:26
Are sparse. 00:53:28
Eye level. 00:53:30
Some additional screening may be required. 00:53:32
Any questions? 00:53:37
Actually. 00:53:39
It's OK. 00:53:43
I did get provided the. 00:53:46
Planned carport. 00:53:49
Any other questions for Nick? I got one after this approval. They still have to come in, get a permit. 00:54:01
Yes, there was so many ability and is there an inspection process to that? Yes, OK. 00:54:08
And one last question, Nick. 00:54:14
The existing asphalt that's there, will they? 00:54:16
Put this on top of that asphalt or where they put a new concrete foundation to hold this down or do you know how that how that's 00:54:20
anchored by any chance? 00:54:24
And would need to be compliant with building. 00:54:31
Code I will say that the location is on the existing. 00:54:33
Asphalt, right, in terms of adding concrete? 00:54:38
Because I'd say the lift, the lift is more important than anything with that, with the wind gets underneath it. 00:54:41
OK, thanks. 00:54:46
Thank you, Nick. 00:54:48
OK, referred from staff. Is the applicant or representative of the applicant here? 00:54:50
Please come forward, state your name and address for the record please. 00:54:55
I understand he's gone Daniel's wife. 00:55:03
All right, y'all are in here. 00:55:08
We stand corrected. 00:55:13
The instructor will be. 00:55:21
To be. 00:55:25
On the blacktop. 00:55:28
I've got the. 00:55:56
Tundowns and how they're gonna be. 00:55:57
Inserted in. 00:56:00
I don't know. 00:56:04
Best by give it to you. 00:56:13
I'll take it first. 00:56:16
What's that? The engineering drilling? 00:56:22
It appears to be yes. 00:56:24
2018. 00:56:28
Right like for like a mobile home type anchor type anchor. 00:56:36
I'll let you look at that. 00:56:42
And. 00:56:45
As for. 00:56:57
Additional. 00:56:59
The trees conducted in some way. 00:57:03
I. 00:57:08
Mr. Stone, if this gets approved, we will clarify that for you as well, so it'll be very clear. You won't have to wonder for every 00:57:16
land. 00:57:19
And it's it's going to be just like this, mainly a top opened on the sides, correct? Doesn't come down any further. 00:57:25
There's nothing on the side. 00:57:35
Facing that road. 00:57:37
You meet on the side of car park. Yes, this is going to be open. 00:57:41
I can't believe it's gonna come down. 00:57:46
It looks like less than a foot or 18 inches. 00:57:49
Right, if I had to guess. 00:57:55
OK, OK. 00:57:58
This is from. 00:58:01
The place to play. 00:58:10
The the engineer drilling should say if it if he's got. 00:58:12
Anything beyond that I haven't got through it that fast. 00:58:16
We'll glance at those and we'll give this back to you in just a moment. The only reason is if is it going to be closed or it's 00:58:20
going to be open. That's what I was just asking about. So it sounds like you get the answer to Mr. Heikampers question is there 00:58:26
will be no walls on this. It will be open, right? It'll be open, but there'll be like 2, maybe a little less than half, less than 00:58:32
half, less than half. 00:58:39
A little less than half. 00:58:45
It is. It does have there. 00:58:50
OK. 00:58:54
Anything else you'd like us to know about this? 00:58:58
And you don't have a problem with any trees going putting up some. 00:59:12
Trees on the side to keep it. 00:59:17
Where you can't see in the carport. 00:59:20
You OK with that? 00:59:22
Hi, we've already got. 00:59:24
31234 pine trees, yes, but you can see through those. 00:59:27
You don't have a problem with the newer plantings there, so you can't see the car sitting in the car. 00:59:38
You would do it to the side of it, but you're in between the existing pine on your on your on between you and your neighbor. 00:59:47
That's grass there. OK, Tell me you know. Yeah, there is one tree already. 00:59:53
Yeah, like. 01:00:01
No problem. I think you know put some. 01:00:02
Some kind of evergreens kind to come up, you know, Norway spruce, Evergreen, something to stay green year round. Yeah, yeah. And 01:00:05
put them close enough they'll grow together. 01:00:10
Was there no shooting? 01:00:18
Do you need these papers back? 01:00:23
Remind me on Alexa, No, OK. 01:00:28
Anything else so. 01:00:32
Do we have any other questions? I have some questions. 01:00:34
Your. 01:00:37
You already have a garage there. What what are you going to what? What's if you have a 2 car garage already, right? And what? And 01:00:38
you want to stick this in front of it? 01:00:43
Well, I'm not sticking it in front of it's 32 feet. 01:00:49
You're still gonna be able to get in your garage. Yeah, 1971. 01:00:54
Yeah. And I keep that in the garage and I. 01:01:00
She had a car which keeps in the garage. This is for you. I've got a 2023 Denali and I wanted to. 01:01:04
This is why I want to go. 01:01:14
OK. 01:01:19
Any other questions from the whole? 01:01:20
Thank you, Mr. Jones. 01:01:25
OK. We've heard from the applicant. Is there anyone else here this evening that would like to speak in favor of this request? 01:01:28
Seeing none, is there anyone here speak in opposition? 01:01:36
Seeing none, we'll go to ballot. Do we have a ballot? 01:01:40
Yes, you do. 01:01:45
OK, we're working on it. So give us just a moment. Here we go. OK, after careful review, the board finds that. 01:01:48
Approval of the variance will not. 01:01:55
Will not be injurious to the public health, safety, morals and general welfare of the community because the pro structure will be. 01:02:02
A 276 square feet detached carport that can be easily removed at a later date. The structure will be located 93 feet away from the 01:02:10
center from the current right away of for County Line Rd. #2. 01:02:17
The use and value of the area Jason's property, including the variance, will not be affected in a substantial and diverse manners 01:02:25
because the carport will be located far from the road with trees providing cover and a long alone a less development portion of 01:02:31
the right. 01:02:38
Rs zoning district. 01:02:46
The variance will not affect the surrounding properties in a substantial adverse manner. 01:02:48
The strict application in terms of the zoning ordinance will result in. 01:02:53
Practical difficulties in the use of the property because the closest point of the house to the front of the lot is 137 feet from 01:02:58
the road. A garage blocks off the northeastern side of the parcel, and a septic system blocks off the southwestern side of the 01:03:03
partial. 01:03:08
The variance does not involve a structure that is near an airstrip. 01:03:15
OK. 01:03:24
The board of zoning pillows here by grants. 01:03:27
The petitioner variance at the meeting held on the 9th day of September. 01:03:32
With the following conditions now, I guess we're going to say these are written commitments. 01:03:36
The carport will be constructed without full sides. 01:03:44
I guess I'm going to put that no full. 01:03:50
An additional screening will be required between the adjacent property line. 01:03:54
That's my ballot. 01:04:02
OK, we have a ballot. 01:04:04
Do we have a second? Do you want those to be written? 01:04:05
Commitments or conditions. Actually we have we found out here is a written. 01:04:07
I can change it. 01:04:11
It should be at the top to be honest with you. 01:04:13
I don't know that you need them as written commitments. Yeah, I'll change that to just the following conditions not being written 01:04:16
commitments. 01:04:20
OK, the carport will be constructed without full size and additional screen will be required between the property the two. 01:04:25
OK, so now we have a ballot. Do we have a second? 01:04:33
I'll second here. We have the ballot and a second. Any other questions or comments? 01:04:37
Seeing none, we'll vote all those in favor signify by saying aye aye. Any opposed like son. 01:04:42
We have motion passes. 01:04:48
Congratulations. 01:04:52
You're welcome. 01:04:57
OK, next on our agenda this evening is agenda item FC-08. 01:04:59
Dash 24-40 and Nick is going to tell us about this. Can I ask a question, Nick, since we have two items? 01:05:05
And and this we're going to look for the applicant to acknowledge a yes or no. Since we have two separate items, I would like to 01:05:13
recommend that we hear them as one, but we'll vote on them separately because they are separate. Is the applicant OK with that? 01:05:21
Nick, you OK with that as well? Yeah, I was about to ask the same question. OK, in the interest of time that let's just move a 01:05:28
little faster. OK, Nick, go ahead. So the first is FCOA 2440, which is a special, special exception use variance application. 01:05:36
This is for petitioner Jacobs Well. The location is 8757 Roofing Rd. 01:05:44
The zoning district is rural residential. 01:05:51
So the applicant is requesting to modify a previous conditional use approval that allowed to use. 01:05:55
The use of the property as a bed and breakfast and special special event space which was FC 089637. 01:06:01
The applicant is requesting an expansion of the use, allowing special events. 01:06:10
The expansion is to construct a smaller 50 by 60 metal frame building to be used for storage and small events such as letters, 01:06:14
parties, retreats, corporate trainings. 01:06:20
Like the lot is nearly 4 1/2 acres and is accessed by a drive connecting to roofing. 01:06:26
The primary building is set back over 1000 feet from the road and is surrounded by wooded, wooded land. 01:06:33
Structure will be located in front of the existing structure and will require a development standards variance for the location. 01:06:40
The applicant is a nonprofit which serves singles, mothers and children with transitional services to help support their 01:06:48
stabilization through education, training, therapy, career and financial services. 01:06:54
Adjacent Property The property is surrounded by primarily large vacant lots consisting of Woodlands or farmland. Single family 01:07:00
residential Adjacent to the entrance of the drive at Reuben Rd. In. The surrounding properties are also zoned in the role of 01:07:06
residential. 01:07:11
Staff findings regarding the special exception. 01:07:18
Not be injurious to public health, safety, morals and general welfare. 01:07:21
Of the community. The use is not a new use, but an expansion of an existing allowed use. The special events structure will be 01:07:25
permitted to regulation and will not create physical hazards to neighboring properties. The structure will not inhibit emergency 01:07:32
service provisions because it is accessible by an existing drive. 01:07:39
The use in value of the area adjacent to the property subject to the special exception will not be affected in a substantially 01:07:47
adverse manner. 01:07:51
Then the property is secluded from the neighboring uses. 01:07:56
You're surrounded by. 01:08:00
The expansion it will not generate. 01:08:02
Traffic inconsistent with the existing use and will not create any nuisances, including sound or light that will impact adjacent 01:08:04
properties. 01:08:09
The current use has been approved and operating for years with no impact. 01:08:14
The need for the special exception does arise from something efficient peculiar to the property. The property has a history of use 01:08:21
for special events and is on a large and secluded. 01:08:26
It is an expansion of an approved conditional use which requires a special exception. 01:08:32
The strict application of the terms of the Floyd County Zoning Ordinance will result in the necessary hardship and the use of the 01:08:39
property. 01:08:43
The expansion of the use of the property requires this special exception approval. 01:08:46
Because it was a conditional use under the historic zoning ordinance. 01:08:51
The proposal is consistent with the current use and will not impact adjacent properties. 01:08:55
Substantially adverse manner, nor will it create injurious conditions. 01:09:01
A smaller structure will allow the nonprofit to serve smaller groups more affordably. 01:09:05
The approval of the special exception will not contradict the goals and objectives of the Floyd County Comprehensive Plan. 01:09:11
Approval does not result in contradiction to the goal of preserving the rural character because it is secluded and the structure 01:09:18
is visually similar to barns and structures found in rural. 01:09:22
Settings. 01:09:27
That is the special exception. The second request is for. 01:09:30
FC, 808-2441. 01:09:35
That is a development standards variance for the structure being located in front of the primary structure. 01:09:39
I won't go through the background information again. 01:09:47
Just to note that this building is over 1000 foot from the public right away roofing road and. 01:09:50
The structure will be located approximately 20 foot in front of the existing structure. 01:09:57
Staff comments regarding or staff findings. 01:10:05
Regarding their request. 01:10:08
The approval will not be interested in public health safety. 01:10:10
Welfare This location of the structure in front of the primary will not inhibit the provision of emergency services. 01:10:14
To the existing structure or neighboring properties. There's 20 foot drive between the buildings. 01:10:22
The use and value of the area adjacent to the property, including. 01:10:28
Will not be affected in a substantially adverse management. 01:10:32
The lot is secluded from the neighboring properties. 01:10:35
Structure will not be visible from the right away. 01:10:39
The structure the strict application of the terms of the zoning ordinance will result in practical. 01:10:43
Qualities in the use of the property. 01:10:47
The location of the existing structure is towards the rear of the lot, with the septic system and lateral fields located behind 01:10:50
the structure. 01:10:54
An existing structure is located to the side. 01:10:57
Primary structure and there's limited space on the other side. 01:11:00
Due to the light shave. 01:11:04
There is likely no location on the large lot that would not require any institution, The primary structure location which was 01:11:06
initially constructed decades ago and prior to the current rate. 01:11:12
Staff recommendations for both of these ballot items would just be to maintain the wooded screening of the structures from 01:11:19
neighboring properties to the greatest extent possible. 01:11:23
All right. Any questions for Nick? 01:11:29
OK. Thank you. 01:11:33
Is the applicant or the representative here this evening? Please come forward, state your name and address for the record. 01:11:35
Kevin Willier, 8757 Roofing Rd. Greenville, IN. 01:11:43
Well my wife and I we found in Jake the 12th. 01:11:49
And I curtain service or president of Jacob's well and the reason we're here today has been stated we we requested a variance for 01:11:52
something we'd like to to put up with the location a few months ago. John Costner, who is a friend of ours is here with us. He he 01:11:58
works for ACT building system, which is they they that's a. 01:12:04
Metal frame or cold form metal frame buildings. And they approached us about donating this building to us because they want to 01:12:12
make training videos for their purposes in and out the contractors directly. So they needed to put up a new building and they 01:12:18
decided to to pick a nonprofit to donate it to. And, and they came to us and of course we said yes. And, and so we've been working 01:12:25
with them since then on that project and it's brought us to this point. 01:12:31
As we stated in the letter that you all got, we found using this building for smaller events. 01:12:38
And also to expand our our ministry outreach, providing more space to host events for single. 01:12:43
Moms in our community who may be struggling with different things, we plan on offering classes on budgeting, parenting, first time 01:12:48
home buying, job search, health, and just support groups for trauma related issues and these these women and their children are 01:12:55
going through as far as struggling. And we're also planning on renting it out to people in our communities of smaller venue choice 01:13:02
to be used for graduation and birthday parties, small weddings, small banquets, or even funeral memorial services. 01:13:10
And these funds that we raised from from these events will go to help support. 01:13:18
The ministry to the single mom. 01:13:22
But it's been said the building is located to the side of the current building and that's why the faces roofing room, which is why 01:13:25
we're requesting that to be able to put it in front of the building. And it's been said it's it's over 1000 feet from the road. So 01:13:30
I don't feel like that would be. 01:13:34
Detriment there so. 01:13:40
So we're asking permission to. 01:13:42
This new building there has a developed standard variance as well as a special exception variance, so we appreciate your 01:13:44
consideration in this matter. 01:13:48
All right. Any questions? 01:13:53
Thank you, Sir. Appreciate it. 01:13:56
He referred from staff and the applicant. 01:13:58
Is there anyone here this evening would like to come forward and speak in favor of this request? 01:14:00
Please state your name and address for the record. 01:14:09
John Cusper, 2816 Plantation Court, Sellersburg, IN. 01:14:12
I represent to ACT Building Systems and have known Kevin Hart Willier for more than 30 years. As he stated, you know, the primary 01:14:16
purpose of us looking to donate a building to find a building to build was specifically because we need some updated training 01:14:22
materials for people who erect the steel buildings that we designed. And my boss is directed to me was go find a nonprofit that's 01:14:27
worthy. Our company puts a lot of value on the health and welfare of our customers and clients, our employees and also our 01:14:33
communities. 01:14:39
We're actually virtual company my nearest Co workers of Chicago but resident here Southern Indiana. Southern Indiana matters back 01:14:45
building systems. 01:14:49
The work they do at Jake as well is exceptional. The property is what they're using it for this, this building will add a lot of 01:14:53
value to that. It is a disclude location. It's a beautiful, picturesque place, you know, for, for at this point, they can have a 01:14:59
wedding reception now you can have a wedding and wedding reception. So it's going to have a lot of value. It's going to really 01:15:04
enhance the mystery. 01:15:09
Thank you. 01:15:16
Anyone else here speak in favor of this request this evening? 01:15:19
Seeing none, is there anyone here speak in opposition? 01:15:23
Please come forward, state your name and address for the. 01:15:27
Evening. 01:15:39
My name is Denise Townsend, I live at 8717 Roofing Rd. My husband, Dennis Cruz and I have owned that property since 1992. 01:15:40
I don't especially wish to say that I'm opposed to the project, certainly not opposed to. 01:15:49
Building the new building. 01:15:57
But since we have pro and con opportunity, I have some concerns. Our property, the old 3 acres, we built our house in 1994, so we 01:15:59
were celebrating 30 years. 01:16:05
So correct, the back of the property directly implements. 01:16:12
The Jason 12 property formerly owned by the Roofings. 01:16:18
And. 01:16:21
So one of the concerns we have is about the capacity of the crowds that might be coming. 01:16:23
In the past when things had still rest in up and running. 01:16:29
We saw quite a bit of traffic on the street and Roofing Rd. is a pretty short St. probably less than 1/4 of a mile. 01:16:34
The other concern? 01:16:42
That he had is about. 01:16:45
Any kind of restrictions on firearms? 01:16:47
Exploding Tannerite. We've experienced that before and. 01:16:50
In the just in the vicinity, I won't say it's been up on the hill, but it has been so loud that it has literally shakes our house. 01:16:54
Sometimes there are gender reveal parties. I hear all kinds of uses for Tanner, right. So that's a concern that that yeah, we also 01:17:00
have people up on the hill and I mean, I'm not putting fingers or saying. 01:17:07
Guys, but we have a. 01:17:14
We have people that like to. 01:17:17
I guess do target practice and shoot off. 01:17:19
50-60 rounds of what sound like automatic weapons, missiles, whatever they are, I don't really know. That's automatic. Semi 01:17:22
automatic, I don't know. 01:17:26
So that's a concern, the North, so basically the noise. 01:17:31
The traffic, the capacity of the crowds. 01:17:35
And if there are any kind of restrictions, I realize this is just an expansion on. 01:17:39
Stuff that's already been approved for previous usage on this property. 01:17:45
But that would be my. 01:17:50
Just any kind of unintended consequences these parties might. 01:17:53
Like according to the. 01:17:59
What we've read here is. 01:18:01
In this very expensive letter that was mailed to us. 01:18:04
Is that it would be how it would affect the neighbors, the neighborhood? 01:18:09
We are good neighbors and. 01:18:15
I just don't like the effect of all the noise and traffic. 01:18:17
So that's basically. 01:18:22
Sure. Thank you. 01:18:24
I got a question now. Is the gun noise coming from this property or from neighboring properties? I don't think it's coming from 01:18:25
this property, but it's all I can say is it's coming from up on the hill. We live in a rural setting. 01:18:31
Noise travels. It sounds like it's coming from the other side of the hill. Sure. That's all I'm saying. I don't know what these 01:18:38
celebrations like, especially when you get, you know, weddings. I don't know if they're permitted for alcohol or I don't know 01:18:44
what. I don't anticipate crazy parties, but. 01:18:50
We live right there. We live right there. 01:18:56
Thank you. Any other questions for Miss Townsend? Thank you very much. 01:19:00
Is there anyone else who would like to come forward and speak in opposition this evening? 01:19:05
Seeing none. 01:19:11
We will open it up. 01:19:12
To the applicant to come and respond. 01:19:15
Well, I'll take the last one first. Restrictions on firearms and power works. That's. 01:19:21
Definitely not us. We don't allow that. 01:19:26
And will not allow any kind of firearms we we have. 01:19:29
We take the safety of our neighbors in. 01:19:33
The people there at the event very seriously. So we would we have it in our policy not to even allow that. So for people who come 01:19:36
here so that will be that will that will not be an issue for any event we have even the ones we're currently having allowed to 01:19:41
have. 01:19:47
And I think the traffic, I don't think that there will be any significant increase in traffic. This new venue is, is less than 50 01:19:53
people. 01:19:58
And there will be no simultaneous events with the other building. 01:20:03
Once we haven't been on the property, that'll be it. It won't be. There won't be two things going on at once. 01:20:08
And our other event venue is half the size of what it used to be. 01:20:13
They used to have capacity for 400 people and now we're down to 200 because we only have one side of the event menu in use. 01:20:18
And we don't have plans to do anything with the other side, so, so. 01:20:26
Capacity is down from way down from what it used to be in the roofing zoned it and and we don't see it increasing significantly. 01:20:31
With this new building, like I said and there will be simultaneous events. 01:20:37
Going on with the new building. 01:20:41
In the old buildings so. 01:20:43
So I don't think there will be shouldn't be any. 01:20:44
Significant increase in traffic. 01:20:47
That's already been approved. 01:20:50
Anything else? 01:20:55
Any other question? I got a question. Well, what's your hours of operation on event? What time do you cut off? 01:20:56
Yeah. We we try to have everybody open with you. So yeah. 01:21:04
Any other questions for the applicant while he's here? 01:21:09
Thank you. OK, we've heard from. 01:21:12
Staff, applicant and the public with their support or opposition. Do we have a ballot? 01:21:16
Do you have the conditions of the current conditional use? 01:21:24
Are there things that we need to? 01:21:28
That are already there. We don't need to dress. 01:21:32
I don't have that with me that conditional use was approved. 01:21:40
30 plus years ago so. 01:21:44
If you have any concerns, go ahead and put them on here and. 01:21:48
If they're redundant, then. 01:21:51
That's right. OK. 01:21:53
Thanks. 01:21:54
OK, do we have a ballot? 01:21:56
Talk at FC O824-40. 01:22:00
Have carefully divorced finds that. 01:22:04
Number one, the special exception, will not be interest to the public health, safety and morals and general welfare of the 01:22:07
community. Because the use is not a new use but an expansion of an existing allowed use, A special event structure will be 01:22:11
permitted. 01:22:16
To regulation and will not create physical hazards through neighboring properties. The structure will not inhibit emergency 01:22:21
services provisions because it is accessible by an existing drive. 01:22:26
#2 The use and value of the area adjacent to the property, subject to the special exception, will not be affected in a substantial 01:22:32
adverse manner because the property is scheduled secluded from neighboring uses and is surrounded by wooded land. Expansion will 01:22:37
not generate traffic inconsistent with the existing use and will not create any nuisance, including sound or light, that would 01:22:43
impact adjacent properties. Current use has been approved and operating for years with no impact on the value of neighboring 01:22:49
properties. 01:22:55
#3 the need for. 01:23:02
Special exception does arise from some condition procured property involved because the property has history of use for special 01:23:04
events and is on a large and secluded lot. 01:23:09
It is an expansion of an approved conditional use which requires approval for modification by special exception. 01:23:15
#4 the strict application of the terms of Floyd County zoning orders. 01:23:24
Will result in unnecessary hardship and the use of the property because the expansion of the use of the property requires a 01:23:27
special exception approval due to the fact that it has been approved. 01:23:32
Conditional use under historic zoning ordinance The proposal is consistent with the current use and will not impact adjacent 01:23:37
properties in a substantial adverse manner. The smaller structure will allow the nonprofit to serve smaller groups more 01:23:42
affordably. 01:23:47
#5 The approval of the special exception will not contradict the goals and objectives of the Floyd County Comprehensive Plan, 01:23:53
because the approval does not result in a contradiction of the goals to preserve the real characteristic. 01:23:59
Rural character because the property is secluded and the structures. 01:24:06
Is visually similar to a barn and structure found in rural settings. 01:24:10
The Board of zoning appealed here by grants petitioner. 01:24:15
Special exception at the meeting held on the 9th of September, 2024. Approved by the Board. 70 Completion of the following 01:24:18
petition. Maintain the wooded screen of structures from neighboring properties to the maximum extent. Property obtained. Approval 01:24:23
from the fire department that there there is adequate clearance around the building in case of an emergency. That completes my 01:24:29
ballot. OK, we have a ballot. Do we have a second? 01:24:35
I'll second it, the ballot and a second. Any questions or comments from the board. 01:24:42
OK, seeing none, we'll move to vote. All those in favor signify by saying aye aye. Any opposed like sign. 01:24:48
OK. So the first of Jacob Wells 2. 01:24:55
Agenda items has passed. Do we have a ballot for the second request? Docket SCO 824 dash 41. After careful review, the board finds 01:24:59
that one the approval of the variance will not be interest to the public health, safety, morals and general welfare of the 01:25:05
community. Cause of location of the structure in the front of the primary will not inhibit the. 01:25:12
The provision of emergency services to the existing structure and neighboring properties. There is a 20 foot drive between 20 foot 01:25:19
drive between the buildings. 01:25:23
The use and value of the area adjacent to the property. 01:25:28
Included in the variance will not be affected and substantially adverse manner because the lot is secluded from the neighboring 01:25:31
properties which are. 01:25:35
Large, mostly vacant, wooded or farm plots. The structure will not be visible from the right of way #3 the strip application. The 01:25:40
terms of zoning ordinance will result in practical difficulties and use of the property because of the location of the existing 01:25:46
structure just towards the rear of the lot in the septic system and the lateral fields located behind the structure. An existing 01:25:52
structure is located to the side of the primary structure and there is limited space on the other side of the structure due to the 01:25:58
to the light shape. 01:26:04
There's likely no location on the large light that would not require variance to the primary structures location, which was 01:26:10
initially constructed decades ago and prior to current regulations. 01:26:16
#4 The variance does not involve a structure that is near airstrip regulated under Indiana code. 01:26:22
Boarding board of zoning appeals here about grants the petitioner. 01:26:30
Variance at the meeting held on the 9th of September, 2024, approved by the Board of depletion of the following conditions 01:26:34
maintained with a screening of the structure from neighboring properties to the maximum extent possible. Obtained written. 01:26:39
Approved prior department. There is adequate clearance and circulation space around the building in case of emergency. That 01:26:44
completes my balance. OK, we have the ballot. Do we have a second? 01:26:50
I'll second, we have a ballot in a second. Any other questions? 01:26:56
Seeing none all those in favor signify by saying aye aye. Any opposed like son. 01:27:00
Both bats, congratulations. 01:27:05
OK, We have one more agenda item this evening. That's FC-08-24-42. Nick is going to give us a staff report on that. 01:27:09
The petitioner here is a war aesthetics and Wellness. The location is 4932 Charlestown Rd. They are requesting a. 01:27:17
Modification to improve special exception. The zoning district is residential suburban. 01:27:27
The applicant is requesting the modification. 01:27:34
Previously approved. 01:27:38
Special exception for the property. 01:27:40
To allow real estate offices to operate at the above. 01:27:43
Reference property. 01:27:46
That was FC 102249. The modification requested is to change the use from strictly real estate office to more generally 01:27:48
professional office. The proposed user is a healthcare practitioner known as Amor Aesthetics and Wellness, which operates a 01:27:57
medical spa treatment facility for aesthetic care. The building footprint and parking lot are not being modified. 01:28:06
No additional renovations to the building are requested. 01:28:15
The proposed user typically has five employees on site, including two practitioners. 01:28:19
Appointments last typically 45 minutes to one hour. The modification would allow any generic use that would be classified as 01:28:24
professional office and has similar use characteristics in terms of traffic intensity and function. 01:28:32
Any modification of the site plan would require approval of the board. The changes from one professional office used to another. 01:28:40
Nearby land uses include Autumn Hill. 01:28:49
Cobridge Crossing in southern state subdivisions. 01:28:52
Professional Office. 01:28:56
Large church assisted living, a medical service facility and is within approximately 1100 feet of. 01:28:58
Professional offices at the. 01:29:05
At and near Cobbler Station Office Park. 01:29:08
Staff findings are that the special exception will not be injured to the public health safety. 01:29:11
General welfare community. 01:29:18
The exception will not significantly impact their flight and sound or create a physical hazard to the community. The use of a 01:29:20
professional office is low impact and consistent with nearby uses. Traffic volume for this use is relatively low and the property 01:29:27
has direct access to a minor Ontario classroom that is Charlestown Rd. 01:29:34
The use and value of the area adjacent to the property subject to the special exception, will not be affected in a substantially 01:29:42
adverse manner. 01:29:46
The use of the use as a professional office will not create physical hazards or nuisance to neighboring properties. 01:29:50
And the more specific type of professional office use has already been approved. 01:29:58
The type of the use is consistent with existing commercial uses in the area. 01:30:02
The need for the special exception does arise from some condition peculiar to the property involved. 01:30:09
The modification of the special exception requires a new. 01:30:15
Special exception application as the only method available for approval. 01:30:18
The property is peculiar and that it has been approved for a similar use in the past. 01:30:23
Is located on an arterial roadway. It's not located in a subdivision and there are a number of commercial institutions, 01:30:28
institutional uses in the immediate vicinity. 01:30:33
The strict application of the terms of the Floyd County Zoning Ordinance will result in an unnecessary hardship. 01:30:40
In the use of the property, the current zoning of the property that does not allow commercial uses, but an exception, special 01:30:46
exception for the more specific professional office has been approved. 01:30:51
The proposal will allow similar uses in terms of form, function and intensity. 01:30:56
The location is on a high volume Rd. with nearby commercial and institutional uses indicate the best use of the property as 01:31:02
commercial. 01:31:05
The approval of the special exception will not contradict her. 01:31:11
Goals and objectives of the Floyd County Comprehensive Plan. 01:31:14
Approval will support local small businesses and will not significantly alter the character of the area. 01:31:18
Additionally, it will continue to direct commercial development in your existing commercial development in the area. 01:31:24
Staff recommendations regarding this. 01:31:31
Request conditions required from the previous approval of C 102249 remain in effect for this approval, and that is the landscape 01:31:34
screening room. 01:31:39
Additional landscape screening between parking lot and adjacent property. 01:31:45
Minimum of two deciduous never entries required. 01:31:49
As part of the parking landscaping. 01:31:53
Monument sign required. 01:31:56
Requires a permit from the building and development Shall comply with FC. 01:31:59
25 general science standards. 01:32:02
The entrance drive to be equipped by the county engineer. 01:32:05
Many of those have been completed. 01:32:09
Provide approval. 01:32:12
And secondary provide approval for exemption statement from for the rehabilitation work that occurred from the Indiana Department 01:32:14
of Homeland Security building permanent. 01:32:19
Department residential to commercial. 01:32:25
Questions for me. 01:32:31
Thank you. Appreciate it. 01:32:35
OK, Is the applicant or representative at the applicant here? 01:32:37
Please come forward, state your name and address for the record. 01:32:41
My name is Danny Short, 2853 Plantation Court, Sellersburg. 01:32:46
This is Jason Tumulty with lure, aesthetics and Wellness. 01:32:51
Reason we're both up here is because the property is under contract so it's not officially changed hands yet. So I'm here speaking 01:32:56
as the current owner. 01:33:02
And Jason representing. 01:33:08
The new owners? 01:33:11
So. 01:33:13
Appreciate your consideration for this request. This property was intended to be my real estate office and I have merged my 01:33:14
company with another one so my. 01:33:20
Previous company no longer is is in business. So we already have two other real estate offices that we operate out of in Southern 01:33:27
Indiana and we don't have a need for this one so that. 01:33:32
Necessitates the sale of this property. 01:33:39
I will say, you know, just kind of to. 01:33:43
Dovetail with Mr. Creevy. 01:33:45
The you know Charlestown Rd. is a mixed-use corridor. There are. 01:33:48
Other medical offices within. 01:33:52
1000 to 1200 feet in the area there's. 01:33:54
Therapist office across the road. 01:33:57
Assisted living dentist office. 01:34:00
And even drug stores within about 2000 feet. 01:34:04
Of this property. 01:34:07
Really the only part of. 01:34:11
Left is the the landscaping piece, which Allure has agreed as part of the purchase agreement to install. 01:34:14
Their standards are probably better than mine, so that's probably a good thing for. 01:34:24
The neighbors and everyone involved. 01:34:29
I will say, you know one of the biggest concerns that. 01:34:33
Everyone's had is the traffic, especially from turning out of neighborhoods in the area. And it's a it's a concern of mine as well 01:34:36
because I live in southern states. 01:34:40
You know, recently the speed limits been reduced to 35. Not that everybody. 01:34:47
Adheres to that but it has been slowed to 35. There is a walking path that is being installed on the West side of Charlestown Road 01:34:52
from County Line. 01:34:59
The new park by Northside. 01:35:06
So there are plans in place, there has been. 01:35:09
Preliminary traffic study done. 01:35:12
In the area of Cobblers crossing in Autumn Hills. 01:35:15
And there will be some some more steps taken in the future. 01:35:20
Cure some. 01:35:25
Traffic issues there as far as residents are concerned for returning in and out. 01:35:27
Yeah, sure. Would you state your name and address for the record please? 01:35:38
5557 Limestone Creek Drive. 01:35:43
Thank you. It is with a number of clients that we would see in a daily basis. 01:35:47
It's a minimal impact to the air. 01:35:54
Into the neighborhoods really good. 01:35:55
And there is in front of it. There it actually. 01:35:58
Is a lane to turn off and do the parking lot. 01:36:01
They are coming out at least in One Direction. 01:36:06
So it doesn't, that's where I look at it. I mean, I had somebody come in the other day or it's so nice and there's already a line 01:36:14
here for you guys. 01:36:17
Price to pull over? 01:36:22
Into parking at the turning lane. Broad Hills. 01:36:23
Goes past the driveway over this business. 01:36:27
Gotcha SO. 01:36:31
Minimal impact to the traffic. 01:36:34
Slowing the traffic down into that area. 01:36:36
Any questions for the applicant? 01:36:40
Applicants. 01:36:42
Thank you. 01:36:44
OK. Is there anyone here this evening that would like to also come forward to speak in favor of this request? 01:36:46
Seeing none, is there anyone here that would like to come forward to speak in opposition to this request? 01:36:53
OK, come forward, state your name and address for the record please. 01:36:59
Patty Anderson 3011 Autumn Hill Court, New Albany, IN. 01:37:07
I don't. 01:37:15
What we kind of speaking for a whole subdivision, we don't have an opposition to what's going in there now. 01:37:16
The concern is, as Mr. Short stated, the traffic situation that we've all been facing, it is horrible and previously when he got 01:37:25
the exception. 01:37:31
Or the zoning change to real estate office that has been fun. There wasn't much traffic. It didn't affect the traffic much. And I 01:37:38
suspect that this is this new business will not. 01:37:46
Be much different. 01:37:54
The concern is if this zoning. 01:37:56
Change is allowed to professional office. 01:38:00
What is to prevent? 01:38:04
This new business Allure or whoever owns it from selling and having a different business go in there and there's more traffic or 01:38:06
maybe they'll tear down the house and put a bigger building in and have some type of big professional type business there. We do 01:38:14
have small businesses close by. Like they say there's a church in the nursing home and. 01:38:23
But Walgreens and those drug stores are far down the road. They don't affect our traffic. So our main concern? 01:38:33
Is if this is rezoned as professional office. 01:38:40
What is to prevent? 01:38:47
You know down the road it being sold in a larger business going in there that creates. 01:38:49
Traffic has. 01:38:55
Anyone else? 01:39:00
We'll let Nick come the nature after we hear if there's any other comments. Was that it? 01:39:05
Thank you. Is there anyone else would like to come forward and speak in opposition? 01:39:10
Seeing none, Nick, would you like to come and respond to that? 01:39:16
So while while this special exception modification would expand the allowed uses to other. 01:39:22
Offices, which is a short list in our zoning ordinance. 01:39:28
It does not allow any modifications to the site. 01:39:32
Building beyond what has already been. 01:39:35
So if they wanted to tear down the building and build a new one. 01:39:39
Office they would have to come back and get approved for that regardless of the use. 01:39:42
OK. 01:39:48
Larry, did you have question for Nick? 01:39:50
This is not. 01:39:52
We did not change the zone, correct. This is not. This is still a residential in a suburban zone property with a use variance. I 01:39:54
just want to clarify that. Thank you. 01:40:00
OK, so. 01:40:10
We've yet the applicant is welcome to come forward and respond or if not. 01:40:13
OK, seeing no no other comments then. Do we have a ballot? 01:40:19
Docket FC O8-24-42. 01:40:22
Review the board finds that one the special exception will not be interested to the public health, safety, morals and gender 01:40:26
welfare of the community because the exception will not significantly impact the light, air, sound or create a physical hazard to 01:40:31
the community. 01:40:35
The uses of professional offices low impact and consistent with nearby uses. Traffic volume for this use is relatively low and the 01:40:41
property has direct access to a minor artillery. Artillery Class Rd. Charlestown Rd. #2. The use and value of the area adjacent to 01:40:48
the property, subject to the special exception, will not be affecting a standstill adverse manner because the use as professional 01:40:55
offices will not create physical hazards or nuisances to the neighboring properties. 01:41:03
Any more specific type of professional office use has already been approved for the location. The type of use is consistent with 01:41:10
the existing commercial uses in the area. 01:41:15
#3 The need for a special exception does arise from some condition peculiar to the property involved, because modification of 01:41:20
special exception requires a new special exception application as the only method of viable available for approval. 01:41:27
Property is peculiar in that it has been approved for a similar use in the past. 01:41:36
Is located on our arterial road and is not located in the subdivision and there are a number of commercial institution uses in the 01:41:40
immediate vicinity. 01:41:45
#4 The strict application of the terms of Lloyd County Zern ordinance will result in unnecessary hardship and use of the product 01:41:51
because the current zoning of the property does not allow commercial uses, but a special exception for the more specific 01:41:58
professional office has been approved. The proposal will allow similar uses in terms of form, function and intensity. The location 01:42:05
on a high volume roadway with a nearby commercial and institutional uses indicates the best use of the property as commercial. 01:42:12
#5. 01:42:21
The approval, the special exception, will not contradict the goals and objectives of the Floyd County Comprehensive Plan because 01:42:22
approval will support local small business. 01:42:26
But will not significantly off to the character of the area. Additionally, it will continue to direct commercial development near 01:42:31
existing commercial development in the area. 01:42:35
The Board of Zoning. 01:42:41
Appeals here by grants of petitioners. Special exception at the meeting held on the length of September, 2024. 01:42:42
Approval by the Board of subject completion the following petitions. 01:42:48
The conditions required with previous approval FC 102249 remain in effect for this approval. 01:42:52
Provide approval. 01:43:03
Our exemption statement for rehabilitation work from Indiana Department of Homeland Security building permit Department 01:43:06
residential to commercial conversion. 01:43:10
That completes my ballot. 01:43:15
OK, we have a ballot. Do we have a second? 01:43:17
I'll second in a second. Any other questions, comments, all those in favor signify by saying aye aye. Any opposed like sign? 01:43:19
Motion passes. Congratulations. 01:43:29
Is there anything else to come before our board this evening? 01:43:32
OK. Seeing, seeing no other business to come before the board, I'll entertain a motion to adjourn. 01:43:37
We'll move to adjourn. I'll second motion and a second. All those in favor signify by saying aye, aye. We are adjourned. 01:43:43
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Transcript

Event transcript
It's a letter. 00:00:16
And complaint where there was just on the number of days or the days. 00:00:23
Correction. It was approved Monday through Friday. 00:00:29
Right. 00:00:33
So we've got to fix that. 00:00:35
Then going back. 00:00:45
Good evening, ladies and gentlemen. I'd like to welcome everyone here to tonight's Floyd County Board of Zoning Appeals meeting on 00:00:51
September 9th, 2024. 00:00:57
In the event you thought you were going to some other reading besides the Board of Zoning Appeals, I would encourage you to figure 00:01:03
out where that is. It is not here. 00:01:07
We have a very full agenda this evening, folks. For the most part for those of us have been on this board a while. They should be 00:01:12
pretty standard, but who knows how long this meeting will last. 00:01:18
On most evenings we had this meeting scheduled. We have a 2 hour window of time to get everything done because there's a meeting 00:01:25
scheduled for 7:00 PM tonight. That meeting is not occurring. But in the interest of all of you who'd rather be anywhere but 00:01:30
sitting here with us tonight, we will try to stick to our time limits as best we can and try to get you out of here within a 00:01:36
couple of hours, I believe. 00:01:42
We we've had an ordinance up on the board that I think establishes. 00:01:50
Yeah, that talks about the rules of the BCA and the time limits that we have. But for benefit of those of you that are here this 00:01:55
evening, I want to be clear what our time limits are. So every time we have an application that comes before us, we have a process 00:02:02
that we go through and we allow time for the applicant to speak. We allow time for those who are in opposition to speak, for those 00:02:10
who are in favor to speak. And then we give a little bit of time for the applicant to respond to whatever has been said. 00:02:17
Those time limits are are 10 minutes for the applicant, 10 minutes for the whoever's here at. 00:02:25
With the public to speak in favor, 10 minutes for those in opposition and 5 minutes for rebuttal. 00:02:33
In the vast majority of cases, we don't take that much time. 00:02:39
If we did tonight, you can do the math yourself. If you've seen the agenda. We'll be here a long time, but I suspect we won't be. 00:02:43
But for those of you that are here and may have an interest in speaking tonight, we we give you the opportunity to come forward 00:02:50
and speak in a few moments and we will start the timer when the first person comes forward. And at the end of that time limit, we 00:02:56
have to shut that down and go to the next phase. Otherwise, as I said, we'll be here all night. So. 00:03:03
I just wanted to get that out in the open before we get started. 00:03:10
With that said, we are going to officially call the meeting to order and we will begin with roll call. 00:03:13
Here. 00:03:20
Here. 00:03:21
Here here. 00:03:24
OK. We do have a full board tonight, so we'll move right on. 1st order of business tonight is your review of the minutes from our 00:03:27
August 2024 meeting. The minutes were sent out and I assume that the board members had a chance to review those and we will 00:03:33
entertain any comments or corrections. At this time. I'll make a motion to approve. OK, we have a motion. Do we have second? 00:03:40
I'll second motion and a second all those in favor signify by saying aye all right, the motion well anyone in the I wish to 00:03:47
abstain because I was not present for part of that meeting. OK, thank you. So we have all but Mr. Bugelhauser are in favor one 00:03:53
abstention of. 00:03:58
Hi camper us. I'm sorry old man moment. Sorry about that. 00:04:05
Mr. Height Camper, correct me on that. Anyway, the the minutes pass as presented. 00:04:12
We do have a couple of items of old business to address this evening and Nick is going to come forward and tell us about agenda 00:04:18
item one. Agenda item 1 is in reference to a ballot from last one. 00:04:24
FCO 6/24/29. 00:04:32
Staff is requesting approval to allow. 00:04:35
Staff to make a clerical correction to that ballot. 00:04:39
Condition number six of that ballot stated Hours of operation limited Monday through Saturday, eight to six, 8:00 AM to 6:00 PM 00:04:44
The. 00:04:49
Minutes prove that the condition was actually Monday through Friday, 8:00 AM six PM. So what was written did not reflect what was 00:04:55
said and voted on, so staff would like the board to. 00:05:02
To amend that ballot, and I would like to. 00:05:10
A vote on that so that we can. 00:05:12
Include that into the record. 00:05:15
OK. So this is really just a clerical matter, but we want to make sure we handle it appropriately. Does anyone have any questions 00:05:20
for Nick on? 00:05:24
On how we're going to handle this. 00:05:28
You need a motion that basically says change it from Monday. 00:05:32
Friday to Monday to Saturday. What was voted on was Monday through Friday. 00:05:36
OK, written down. 00:05:43
OK, All right. So we'll go by what was said and voted. 00:05:45
OK. So I'll make a motion that we amend the minutes to reflect that the work time would be from Monday through Friday. 00:05:50
I'm sorry, just for clarification of ballot, you want to correct the ballot, not the minutes a ballot. 00:05:58
He said Monday to Friday. 00:06:04
Monday to Friday or you want Monday to Saturday? You guys said Monday to Friday. 00:06:07
That's what we want the ballot to say. That's what I said. 00:06:13
Monday to Saturday, so I'm going to I'm asking for your approval to change it to Monday. 00:06:16
Oh, OK. 00:06:22
I'm good, OK. 00:06:23
My misunderstanding. That's the motion to change. 00:06:24
The ballot to read Monday to Friday. 00:06:28
I'll second that. 00:06:32
OK, we have a motion and a second. All those in favor signify by saying aye aye. Any opposed like sign that agenda item passes. 00:06:34
Nick, would you like to tell us about agenda item number two, FC-07-24-34? Yes. This was also tabled from last meeting due to time 00:06:43
restraints. The petitioner here is Brad and Brad Cassetto and model Rocks. The location is 3335 Gap Holly Rd. 00:06:53
And it is in the Arkansas Zoning District, Agricultural Residential. The applicant is requesting a development standards variance 00:07:03
for the construction of an accessory structure garage. 00:07:08
The applicant is requesting the variance to allow that to be. 00:07:15
Placed within the 60 foot minimum required set back for that district. 00:07:18
The subject property is located on road. 00:07:24
Heavily forest with steep slopes. 00:07:29
Adjacent properties are also agricultural residential with single family homes. To the east and West N is Gap Hollow Rd. a handful 00:07:32
of AR properties with single family or homes on that side and to the South is an AR property that is also up to the forest and. 00:07:41
Staff findings are that the approval would not be introduced to the public health, safety, morals and general welfare of the 00:07:50
community. 00:07:53
The lot is located in a low density area that will remain low density due to the presence of steep slopes. The building will be 00:07:57
located 45 feet away from the current right away. 00:08:02
Gap all over. 00:08:09
The use and value of the area adjacent to the property included in the variance will not be affected in that. 00:08:11
Substantially adverse manner due to the topography that decide the neighboring lot sizes and shapes. Building near to the property 00:08:17
lines in the front will not inhibit the use of adjacent properties. The natural slope, vegetation and the screen will minimize the 00:08:23
visibility for the proposed garage. Other properties in the area have already built closer to the standard to the to the set back 00:08:30
requirement. 00:08:36
Due to the presence of water and sloping conditions on those sites. 00:08:44
The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. 00:08:48
A lot dimensions as well as steep slope provide a limited area for building that is safely accessible by vehicle during. 00:08:56
Winter months. 00:09:03
The variance does not involve structure that is near an airstrip and regulated under. 00:09:05
Because staff recommendations. 00:09:11
It would be. 00:09:16
Maintain the vegetative screening between the. 00:09:18
The structure in the right way. 00:09:21
Any questions for me? 00:09:24
Questions, Vinay. 00:09:26
OK. Thank you. 00:09:30
Is the is the applicant or their representative here? 00:09:32
Please come forward, Sir, State your name and address for the record. And by the way, thank you for your patience. 00:09:35
Fred Cassetto 3335 Gap Hollow Rd. New Albany, IN 47150 Thank you for considering your application. 00:09:40
Glad to do it. 00:09:50
Is there anything you'd like us to know aside from what Nick just shared with us? 00:09:52
Pretty straightforward garage to park our cars and get our clutter out of the icing. 00:09:57
All right. Any questions for Mr. Cassetta? 00:10:02
Was that location we used any previously or was it cleared in preparation for this? It had previously been cleared and had been 00:10:06
used as a log yard and various like catches for collect a lot of stuff over over the years and then recently I kind of cleaned it 00:10:13
up. 00:10:19
OK, OK. 00:10:27
Any other questions for Mr. Caseto? 00:10:30
Thank you, Sir. Appreciate it. 00:10:34
OK, we've heard from the applicant. Is there anyone else here this evening to speak in favor of this request? 00:10:37
Seeing none. 00:10:43
We'll move to anyone here in opposition would like to come forward speak. 00:10:44
OK, seeing none. 00:10:51
Mr. Cassette Oh, I assume you had no response to nobody else being here. So with that said, do we have a ballot? 00:10:53
Yes, Sir. 00:10:59
Docket FCO 7-24-34. 00:11:01
After careful review. 00:11:04
The building near to the front of the property line will not be inhibit the use of adjacent properties the natural slope 00:11:37
vegetation. 00:11:41
And a vegetation screen will minimize the visibility of the proposed garage. Other properties in this area have already built 00:11:46
closer than the standard to the property line due to the presence of water and sloping conditions #3 the strict application of 00:11:53
terms of zoning orders will result in practical difficulties. Use the property because the lot dimensions and the steep slopes 00:12:01
provided a limit to the to the building area that is safely accessible by vehicle during the winter #4 the variance does not. 00:12:08
Structure near an airstrip and regulate under Indiana code. 00:12:16
Board of zoning appeals here by grants the petitioner variance at the meeting held on the 12th of August, 2024, approved by the 00:12:20
Board subject to completion of filing condition. Maintain vegetation screen between the building and the road That completes my 00:12:26
ballot. OK, we have a ballot. 00:12:32
Do we have a 2nd I'll second? 00:12:39
Any questions or comments from the board? 00:12:41
OK, seeing none, let's vote all those in favor signify by saying aye aye. Any opposed like son. 00:12:44
Motion passes. Again, thank you for your patience with us. 00:12:50
OK, Next item on the agenda this evening, removing the new business and Nick is going to come and talk to us about agenda item 00:12:54
number 3. 00:12:57
Which is FC-08-24-35. 00:13:01
The petitioner for this application is Peck Property. 00:13:06
Located on 3815 Paoli Pike. They are requesting a development standard variance for screening of outdoor storage materials. The 00:13:10
zoning district is general industrial. 00:13:16
The applicant is requesting the use of a three foot germ and giant herbs and spruce trees spaced 8 feet apart in lieu of an opaque 00:13:24
fence or wall. The property abuts Little Indian Creek to the West and is elevated by a small hillside to the West. 00:13:33
Butts, Little Indian Creek to the east. 00:13:44
And is elevated by a small hillside to the West along E Luther Rd. 00:13:46
Adjacent properties are adjacent. Zoning to the property is residential suburban to the north and West and general industrial to 00:13:51
the east and South. 00:13:56
Uses across daily Pike or any post office and large not single family residential and historic farm. 00:14:02
Across E Luther are three single family residential lots. 00:14:11
The lot directly adjoins the general industrial use. 00:14:16
Staff findings are that the approval will not be addressed to the public health. 00:14:20
Morals and general welfare of the community. The use of the Bourbon trees is consistent with current conditions and not restrict 00:14:24
sight distances or create a physical hazard to adjoining uses. The use of value of the area adjacent to the property included in 00:14:31
the variance will not be affected in a substantially adverse manner. The lot already uses a burn him plantings and screening for 00:14:39
part of the lot that has not affected the use or value of adjacent properties. 00:14:46
That has not affected it. 00:14:54
A Berman plantings will create more aesthetically consistent corridor that is expected to have a more beneficial effect than 00:14:56
opaque fencing or walls. 00:15:01
Restrict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. 00:15:06
The law already has a burner in Plantation, which historically. 00:15:12
Screen the property. Changes in topography on site would render fencing wall screening less effective. 00:15:17
It is not near airstrip regulated by Indiana code Staff has no recommendations. 00:15:25
Regarding conditions please. 00:15:32
OK. Does the board have any questions for Nick? I got a question. 00:15:36
This this buffer we're putting around is part of the property that came in here for approval. 00:15:40
Our Lady of Perpetual Hops, was that not the piece of property? Yeah, historically there was a PUD for Our Lady of Perpetual Cops, 00:15:46
right? 00:15:51
But that did not ever get developed and so it reverted back to its original. OK, so it doesn't have any any substance to this. OK, 00:15:57
alright. 00:16:01
Any other questions, Renee? 00:16:08
OK, seeing none. Thank you, Nick. 00:16:11
Is the applicant? Are they representative here? 00:16:13
The strangers state your name and address for the record, please Justin Andrews, Young Lineage and Craft, 126 W Spring St. New 00:16:16
Albany, IN. 00:16:20
I'm here on behalf of Pet Properties LLC. I have RJ Lamb here from Pet Properties as well. He's in the audience. 00:16:25
I'm not going to repeat staff. Staff summarized the report fairly well. We we do agree that it. 00:16:32
That the use of the berm and tree plantings is going to be frankly more effective in what the stat the ordinance. 00:16:39
Would otherwise suggest. 00:16:46
I also think just from a matter standpoint, that the issue is the ordinance suggests that. 00:16:48
We have an opaque fencing or wall structure which I think a burn would qualify as, so I. 00:16:56
Has a strict application. I'm not sure that we need a development standard variance, but for clarity and after talking to staff, 00:17:00
we wanted to be clear about it and have you guys address it and make sure the other questions are concerned. 00:17:06
But I don't think I think the firm would qualify as this wall structure. 00:17:11
That's required. 00:17:15
And the reality is? 00:17:17
Property if you've been at the Bailey Pike, 3815 Bailey Pike. 00:17:19
Near the post office across from there. 00:17:24
There's a slope to the property, so. 00:17:26
Should we strictly comply with the fence, if you will? 00:17:28
The fence ordinances don't allow it to be built in tile enough to really do. 00:17:32
Anything that's practically helpful so. 00:17:37
It says to comply with defense standards, which limit it to four feet or 8 feet depending on. 00:17:40
Where you put it and the slope of the hill. 00:17:45
Just aesthetically, the berm and the trees we thought would be a better option. 00:17:47
So that's why we're here. 00:17:52
Again, I won't repeat the staff comments on the elements that you guys are to consider, but we certainly don't think it would be 00:17:53
injurious to the joining properties and the value the properties in the area. 00:17:59
If you have any questions, I'm happy to answer. 00:18:05
Questions from the board. 00:18:08
Where it says parking that area up above, I know there are some trees there until you get up next to the road. Is that going to be 00:18:10
parking up above and then below the berm and where there's grass right now? Or what is the plan there? Are y'all moving dirt or 00:18:17
and digging part of that out for parking? I guess what I want to ask. 00:18:25
Let me see, what can I see? What you're showing is parking. 00:18:33
OK, it's got the burn there and then the parking is there. Are y'all removing some of this dirt in these trees or? 00:18:40
What are you doing? 00:18:47
Yes. 00:18:49
Like I don't have the same thing you have and actually that is what we sense that but. 00:19:09
Just for the record, I'll go back, OK. 00:19:14
So the large trees used to be saying would stay, but he is moving dirt up where the blue line is around the edge there to create 00:19:17
the button. 00:19:21
And that will be parking up above between the trees and the berm. 00:19:25
So there's parking, there's an area there already. 00:19:29
The request here is merely for the screening. The site plan details that were also on there are not what's being considered now. 00:19:36
Modifications to the site would require a site plan. 00:19:46
Separately from this matter. So this is really just about the screen. 00:19:51
Thinking it was already sort of screened, that's why I'm questioning are they moving up above that area that is above that area? 00:19:56
And we don't disagree about the rest of the notations on there. We've gone back and forth with staff trying to find an appropriate 00:20:03
solution to this. So that's what that is. But. 00:20:08
So there's going to be an additional burn. 00:20:13
Tree plantings 8 feet apart. Syndicated and recovered later. 00:20:16
In additional parking up there, possibly no parking is not related, OK. 00:20:21
Any other questions? 00:20:27
For Mr. Andrew Swalley's here. 00:20:29
Single one second, Justin. 00:20:33
No, no other questions. 00:20:36
OK. Thank you, Justin. 00:20:38
OK. We've heard from the applicant. I will open the floor for anyone else here this evening that would like to speak in favor of 00:20:40
this request. 00:20:44
Seeing none, we'll close that. Anyone here that would like to speak in opposition to this request? 00:20:50
Seeing none. 00:20:57
Once again, I assume we had no comments. So Justin, you don't need to come back and speak again. We'll go to a ballot. Do we have 00:20:58
a ballot? 00:21:01
Docket FC O8-24-35. 00:21:07
For portions of the lot. 00:21:40
Those type of screening has not affected the use or value of adjacent properties. A Berman planning will create a more 00:21:42
aesthetically consistent quarter that is expected to have a more beneficial effect than opaque fencing in our walls #3 district. 00:21:48
Application of the terms of the zoning ordinance will result in practical difficulties in the use of product because a lot already 00:21:54
has a Berman plantings with which historically screened the property. Changes in topography on site would render fencing and wall 00:22:00
screenings less effective. 00:22:06
#4 The variance does not involve a structure that is near airstrip and regulated under Indiana code. 00:22:12
The Board of Zoning Appeals hereby grants the petitioner of variance at the meeting held on the 9th of September 24th, 24. 00:22:19
Approve The Board is subject to completion of the following conditions. 2 rows of giant arbs and spruce trees shall be planted and 00:22:26
spaced 8 feet apart. The two rows shall be staggered. 00:22:31
The berm shall be constructed such that the trees will not interfere with the overhead utilities that completes my ballot. 00:22:37
OK, we have a ballot. Do we have a 2nd? I'll second that. 00:22:44
We have a ballot and a second. Any other questions from the board? 00:22:47
OK, we devote all those in favor signify by saying aye. Any opposed like sign motion passes. 00:22:52
Congratulations. 00:22:58
OK, next item on the agenda this evening is FC-08-24-36 and once again Nick is going to come and give us the staff report. The 00:23:00
petitioner for this item is Jeremy Loftus Office. 00:23:07
5830 Spring Meadows Dr. They're requesting a development standards variance, the minimum lot size requirement for the rural 00:23:16
residential district. 00:23:22
They are requesting to allow the creation of one new lot. The parent tracking a new track will both be less than the minimum lot 00:23:30
size requirement of 37,000 square feet. 00:23:36
The current lot is 1.377 acres or 59,982 square feet. 00:23:42
I'm sorry, is that and has a single family dwelling on the east portion of it. The new lot will be 32,000. 00:23:54
277 square feet and 27,747 square feet, respectively. The existing home will be on the smaller lot. 00:24:02
Both sites will be on septic and have adequate space for septic. 00:24:13
The parent track received development standards variance for. 00:24:18
Set back 40 feet instead of the normal 60 feet. 00:24:22
That item was FC 10/13/29. 00:24:26
The set back was consistent with other lots in the area and the nearby Spring Meadows subdivision. 00:24:30
The lot size is in Spring Meadows subdivision range in size from 25,743 square feet to 31,232 square feet. 00:24:38
Respectively. 00:24:49
Other lots on Spring Meadow Dr. range from 27,208 square feet. 00:24:50
Two 36,890. 00:24:57
7 square feet. 00:24:59
Adjacent properties are rural residential properties with single family homes to the east and West. To the north is a single 00:25:02
family residential agricultural property to the South or single family lots in the 17 lot Spring Meadows subdivision. 00:25:09
Staff findings are that the approval will not be introduced to the public health safety. 00:25:17
Welfare. The lots are sufficient for appropriate infrastructure and approvals from the health department. Perceptive. 00:25:21
The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse 00:25:29
manner. The new lots will be consistent with other lots in the area in the platted subdivision of Spring Meadows and outside of 00:25:34
the platted subdivision on Spring Meadows Drive. 00:25:40
The strict application of the terms of the zoning ordinance will result in practical. 00:25:46
Difficulties in the use of the property as other lots in the area are consistent. 00:25:50
With the proposed size in the smaller lots will be easier for the current owner to maintain. 00:25:55
The variance is not near an airstrip regularly. 00:26:00
Staff recommendations are. 00:26:08
If approved, recorded miscellaneous documents with. 00:26:11
Tracks noting previous development standards approval in this variance standards approval and that is for kind of record keeping. 00:26:15
It be easier for staff to check that sure. 00:26:22
Any further questions of me? 00:26:31
Nick on the. 00:26:34
The when you say the nearby Spring metal subdivision, that's what this lot is in, in Spring Meadows, is that right? This is not in 00:26:36
the subdivision subdivision. 00:26:41
Let's see in two parts and this is outside of OK, so it's not in the subdivision, right? OK. So the lots that are smaller than the 00:26:47
minimum that we require, the 37,000, is that because it was approved as a as a subdivision, the smaller lots? 00:26:55
Subdivision was approved prior to our our standards as well as a lot of the lots. 00:27:05
All right. Thank you. 00:27:13
Any other questions for Nick? 00:27:16
OK. Thank you. 00:27:20
OK. Is the is the applicant or their representative here? Please come forward, state your name and address for the record. 00:27:23
Good evening Jason Copper Way with Paul Primavera and Associates, 301 E Chestnut St. Court in Indiana, he representing Mr. Loftus. 00:27:29
Jeremy Loftus is also in the audience. Does everyone have a copy of the drawing we submitted in support of the application? 00:27:35
OK, great. And then I also have an aerial. 00:27:43
Thank you. 00:27:54
Obviously, we agree certainly with the staff report and the staff's conclusions that the approval will not be injurious to the 00:28:03
public health, safety, morals and general welfare for the reasons they stipulated. The aerial shows highlighted in In Dark. 00:28:11
The subject property and then it also shows the houses in the vicinity. 00:28:20
That staff correctly notated the size or comparable to the sizes that we're proposing here. 00:28:26
Really the only item I wanted to supplement was was item number three. Strict applications of the terms of zoning ordinance will 00:28:32
result in practical difficulties. I just wanted and and the staff hinted at this, but the owner of the existing home is a Sinkhorn 00:28:38
is a 92 year old widow on a fixed income who needs to wants to reduce her cost for mowing and maintaining the property. And then 00:28:44
in addition, the proposal also meets the objective for infill development to provide additional housing with little to no impact 00:28:50
on on existing infrastructure. 00:28:56
Mr. Loftus did is a licensed installer with Floyd County Perceptics. He did go through the health department as you spoke, the 00:29:02
letter in the file indicating that they get adequate septic for both laws. 00:29:07
So since it fits the neighborhood and the infrastructure is in place and or can be constructed, we believe that it's it's fitting 00:29:13
for the area. Everybody happy to answer any questions you have. 00:29:18
Questions for Mr. Cropper. 00:29:25
So the size of the house they propose is it. Do we know that yet? No, but it would be comparable in. 00:29:28
Value and construction to the to the next square foot wise same comparable roughly it. 00:29:35
It's Mr. Loftus's intention to hold this until one of his daughters is ready to build a house, so wouldn't be immediately 00:29:42
constructed upon to be. 00:29:46
Couple years that but that would be the intent of this brother. Are there any current deed restrictions, not that we're aware of, 00:29:51
but if obviously if there are, we'll have to follow those whatever they are, OK. 00:29:55
Thank you. 00:30:02
Any other questions, Mr. Copley? 00:30:03
OK. Thank you, Sir. Thank you. 00:30:06
OK, we've heard for the applicant from the applicant. 00:30:10
We'll move into the next section of the meeting. Is there anyone here this evening that would like to come forward to speak in 00:30:15
favor of this request? 00:30:18
Seeing none. 00:30:25
Is there anyone here that would like to speak in opposition? 00:30:26
Please come forward, ma'am. We'll start with you. State your name and address for the record. 00:30:30
Come on, Mary Jane Flick. I live at 5833 Spring Meadow Drive, right across the street from Mississippi Horn. 00:30:41
I know that when this house was built, they built it because they could no longer stay in A2 story house. They had this spare lot 00:30:49
right next to them. 00:30:53
When they were planning on building this house. 00:30:58
When they had to put in the sewer, the laterals went way into the property that you're talking about using. So when they say that 00:31:00
the health department has stated that there's enough for all of them. I don't know how because I saw the laterals being built #2 I 00:31:10
just found out how big 'cause they tell you .85 acres. They don't say how big the lots going to be. They give me. 00:31:20
Footage. 00:31:30
It doesn't click with me. 00:31:32
And the new house is being put on the larger because that's the one you want, very important, the smaller ones already there. 00:31:35
I understand that she wants to have. 00:31:43
But I hooked him up with the mower. 00:31:46
And he only charges me $35 a day for mowing. I'm sure he doesn't charge her that much more for mowing so I'm confused as to why 00:31:48
it's OK. The other thing is that if he's going to wait and not build until later on. 00:31:55
What's the septic situation gonna look like then? 00:32:04
Because it's bound to change. 00:32:07
With things that are going on. 00:32:10
We don't want a duplex look. 00:32:12
In our neighborhood. 00:32:15
At all I am not part of the subdivision. 00:32:16
But I just would like for you to consider those things. 00:32:19
Thank you. 00:32:23
Is there anyone else that would like to come forward and speak in opposition? This evening I saw another hand. 00:32:24
Either one of you. 00:32:33
Please state your name and address. For the record, my name is Ian Stewart, 5842 Spring Meadows Drive. 00:32:37
And I don't know if you have a copy of this likewise or I'm sorry, What was your first name again? Ian. Ian. Thank you. Ian 00:32:44
Stewart. 00:32:47
I actually live at the end of the. 00:32:53
Road that there that we're talking about right here and if I could show you this, I don't know if you got maybe this came from 00:32:55
Primavera that. 00:32:59
I'm sorry about yours. 00:33:04
There's a gift. 00:33:06
And you can see I live at the end here, and it's really interesting actually. 00:33:09
They have a green line that's going right down there. No one drainage was ever installed with this. Would you mind speaking to the 00:33:15
mic, Sir? That way we can capture this. No drainage is installed on this road for any of these houses that are there. So I'm the 00:33:22
house that's on the very end and I've dealt for 23 years with all that run off rainwater that comes straight down Spring Meadows 00:33:30
Drive and it comes straight down my driveway. Including Mr. Cheeseman, who? 00:33:37
To quite a bit of expense and trouble to install his own. 00:33:45
Drainage system to deal with at least some of this problem we already have major. 00:33:50
Called flooding, but major water accumulation of this cul-de-sac. I don't know how this will affect it, but I see that I'm sure it 00:33:55
will help it so. 00:34:00
Naturally, my objection to the. 00:34:06
The building of another property there. 00:34:08
That's it. Thank you. 00:34:12
Good evening, Mike Cheeseman, 5843 Spring Meadow Drive. 00:34:19
Live next to Ian. 00:34:24
Caddie corner to the sink horns. I do take offense to some of your staff comments. I mean, where that neighborhood starts and stop 00:34:26
and a lot of people have built and tried to maintain the neighborhood to stay to keep the correct frontage. So I'm not sure that I 00:34:33
agree with that assessment. And per Ian's comment, if the house is built and raises the elevation, it's going to push more water. 00:34:41
And there are, you know, drainage does need to be taken into account and when Mr. Sinkhorn built that house. 00:34:48
He talked to many of us and commented that we had nothing to worry about. No house will ever be built on that lot. 00:34:56
Because of where they oriented the Sept. 00:35:04
And so that that can't happen, it keeps the, you know that you would be below the minimum for septic lines. So I, I, if. 00:35:07
Mr. Loftus, and all due respect, if you want to build the neighborhood, you should have bought the land up the street. 00:35:17
And we're going to get to speak to us. Sorry. But anyway, there's this. This should not be happening. And this is not what Ed 00:35:22
wanted. This is not what the neighborhood wants. And all it does is decrease our property value. 00:35:29
So I'm very much against it. 00:35:37
Thank you, Sir. 00:35:38
Is there anyone else here this evening that would like to speak in opposition? 00:35:41
Seeing none, we'll move to their opportunity for the applicant to come and respond to the comments have been made. 00:35:47
You can see on the drawing that we submitted that the yes, the existing septic system is on we're calling track #1 which would be 00:35:56
the new home location that would be repurposed to serve the new house. Mr. Loftus part of his agreement if if this variance is 00:36:02
approved is to construct a new, a new system next to the existing building. That new system is what informed the decision for the 00:36:09
new lot line so. 00:36:15
There there are, there is room for. 00:36:23
Two septics in that vicinity, one new one for the existing house and then the existing system will be used for this new house. 00:36:25
There was a comment about duplex. Look, these are stand alone single family houses of comparable value. There. There is no 00:36:30
intention to build to build a duplex here. 00:36:35
I think, I think Mr. Loftus, his reputation precedes him in the community. He is a quality builder. I, I don't. 00:36:44
I don't see how one house would make drainage significantly worse, but Mr. Loftus is out there. 00:36:53
Every day doing his best to to control water and whatever development that he's working on. So I think he would take steps to to 00:37:01
do what he could to improve that situation. So I think those are the majority of the concerns that I heard and would be happy to 00:37:06
answer any questions. 00:37:12
Jason explained a little bit as far as give me kind of the timing as far as the septic, because you said that there's going to be 00:37:19
a delay in building the house, right? So go through that for me. What do you? 00:37:27
And the lot is allowed to be created, then Mr. Lawson would have to construct the new system for the existing house, then the then 00:37:37
the lot would be split, and then that existing septic system would be just sitting there dormant. 00:37:43
Until such time as the new house were built. 00:37:50
And then tied into that system. 00:37:53
So to tag on to that because. 00:37:55
Because. 00:37:58
The septic I mean the health department does change their. 00:38:01
Their regulations, I mean, at one time you used to have two systems, remember a backup, they've stopped that, right. So things do 00:38:04
change, understand that, but. 00:38:08
Will you get approval? 00:38:13
Further, I mean the building permit, I guess that's what I'm getting in until you get the building permit. I mean he, he has a 00:38:15
septic permit now he has a permit, I believe as evidenced by that letter. So with that letter. 00:38:21
OK, not an actual permit, so. 00:38:29
So to answer your question. So at that time you would have to satisfy whatever permanent requirements are in place if that means. 00:38:31
1/3 system or if it means expanding the existing system, then that's what he would have to do, right? You have to make that work 00:38:39
with whatever house you were planning there. 00:38:43
So let's say it's the health department changes. 00:38:47
And makes it to where he can't build on it. I mean, that's possible, right? I mean, he would have an unbelievable off. OK, all 00:38:51
right. But he's he's gonna take that chances, right. Typically, they look at existing systems, though, that were built in 00:38:56
accordance with a standard at the time they were installed, right? Sort of his grandfather. So I think it would take an extreme 00:39:02
rule change for them to not allow them to use that system. But but it is possible, right? I understand. And it would be at his 00:39:07
risk. Sure. So to I think it was Mary. 00:39:13
Brought up the subject as far as this septic system. 00:39:19
She knew where it was and all that stuff. That's kind of makes that void because the new system. 00:39:23
Will be totally on. 00:39:28
Right, so drawing I submitted this is the location of the existing system and Jeremy had that flag. We actually went out and 00:39:31
physically located where that is. And then he laid out a new system for the existing sink horse sink horn home indicated here. And 00:39:38
again, that's what that's what informs the creation of these flaw lines. So I guess what I'm saying is a whole new system will be 00:39:46
new and then if there wherever the system was for the existing house now that will become. 00:39:53
New house, that would be a new system also in the future. No, it would be. The plan would be to utilize the existing system 00:40:01
because it's not failed, it's installed. So you're going to use the existing system, correct? 00:40:09
But it will require approval at the time at the time it will require. 00:40:18
Tank. 00:40:24
What would be the timeline if this was approved to put the new septic system in? Is it going to be put in pretty well right away? 00:40:25
In order to split the lot, the new system would have to be installed. So I don't know if it would be this fall yet or it would be, 00:40:30
you know, correct soil conditions for septic installation, but either either this fall or next year when when conditions are 00:40:36
correct. 00:40:42
So that you'll use the existing. I'm just trying to get my hands around this so. 00:40:48
The proposed septic system for Track 2. 00:40:53
You'll use existing septic tank that's on track. 00:40:56
Two, I'm trying to understand how that's how this is going to work. You're just. 00:41:00
I believe it's a whole new system. 00:41:06
So, so the new tank new connection to the house and online yards will would use the existing connection to the house, but whatever 00:41:08
there right to the new system. I believe that's correct. 00:41:13
OK. 00:41:23
So, so from the end, from her tank, from a septic tank that it would flow from there to the new system, right. And that would be 00:41:24
separated from the existing system and those facilities would remain in the ground undisturbed until such time as a new **** bill. 00:41:31
But the new tank, a new tank would then be required for the new house, correct? 00:41:38
Got it. Yeah, Yep. 00:41:47
Sorry, Sir, we're we're. 00:41:49
We've already closed this section for comments, so this is the only thing we can allow now is the rebuttal time. Anything else, 00:41:51
Jason, unless you have questions, any other questions, that's all I had. OK, thank you. 00:41:56
Thank you. 00:42:02
OK. We've heard from the applicant, those four, those again, Sam, we've given them a chance to respond. Do we have a ballot? 00:42:04
Docket FC-0824-36 After careful review, the Board finds that one approval the grants will not be interested public health, safety, 00:42:12
morals and general welfare of the community because the lights are sufficient for appropriate infrastructure and have site 00:42:19
approvals from health department. Further septic systems #2 The use and the value of the area adjacent property included in the 00:42:26
variance will not be affected in a substantial adverse manner because the new lot. 00:42:32
Will be consistent with other lights in the area. 00:42:40
And Planet subdivision of Spring Meadows and outside of the planet subdivision of Spring Meadows draft. 00:42:44
#3 The strict application of terms of the zoning ordinance will result in practical difficulties and use the property because 00:42:50
other lights in the area are consistent with the proposed size and smaller light sizes will be easier for the current owner to 00:42:54
maintain. 00:42:58
#4 the variance does not involve they structured it as near an airstrip and regulated under Indiana code. 00:43:04
The Board of Zoning Appeals. 00:43:10
Hereby GRANTS the petitioner variance at the meeting held on 9th of September, 2024. 00:43:12
Approved by the Board. Substitute completion. The following conditions record miscellaneous documents with both tracks noting 00:43:18
previous development standards. Variance Approval as well as this approval, Applicant shall get staff approval for drainage of the 00:43:24
developed lot. That completes my ballot. OK, we have a ballot. Do we have a second? 00:43:30
I'll second we have a ballot and a second any questions? 00:43:39
Seeing none will vote all those in favor signify by saying aye aye. Any opposed like sign. 00:43:44
Motion passes. 00:43:51
Next item on the agenda this evening is. 00:43:56
FC-08-24-38 and Nick is going to give us an update on that. 00:43:59
The petitioner for this request is Jason Joseph Apple. 00:44:05
Location is 2020 Trio Lane. 00:44:10
They are requesting a development standard variance for an accessory structure in front of the. 00:44:14
Primary but. 00:44:19
Zoning district is Rs. 00:44:20
The applicant is requesting the development standards for the construction of an accessory pool in front of the primary structure. 00:44:24
The property is located on a private drive that is Trio Lane. 00:44:28
That connects to Evansville Green Rd. 00:44:34
The existing house is approximately 1900 feet away from the public right away and is located on a 6.7 acre lot. 00:44:37
The owner also owns adjacent acreage to property. 00:44:45
The home is located at the rear corner of the lot and has a buried gas line to the rear of the home. 00:44:50
The septic systems to the side of the home and there is a steep grade sloping to the rear inside of the home as well. 00:44:55
The proposed pool structure surrounds start from the side of the moon and extend into the front yard. The. 00:45:03
Plans include screening trees toward the front. 00:45:09
The property drive is lined with trees which provide screening to the access point at Trail Lane and is nearly 1000 feet from the 00:45:13
nearest fuel point from Toyota. 00:45:18
Adjacent properties are large, single family, residential and agricultural. 00:45:24
Plots with residential, suburban and rural residential zoning. 00:45:29
Staff findings are that the approval will not be injured to the public health. 00:45:34
General welfare of the community. The location of the structure is secluded from neighboring properties in the public right of way 00:45:38
by large lots in the private drive. 00:45:43
Will not interfere or confuse. Public service provision in the pool will require either offense or retractable cover consistent 00:45:48
with state statute. 00:45:52
The use and value of the area adjacent to the property included. 00:45:56
Will not be affected in a substantially adverse manner. 00:46:00
The lot is located on the private drive and is secluded from neighboring properties by hundreds to thousands of feet. 00:46:04
And vegetative. 00:46:11
The strict application of the terms of the zoning ordinance. 00:46:13
Will result in practical difficulties in the use of the property due to the location of the home, the location of prayer, gas 00:46:17
line, septic lines, sloping terrain. There are no areas on the property where a pool can be located without area. 00:46:23
It is not located near an airstrip related by the unit code. 00:46:31
And staff has no additional recommendations for this. 00:46:36
West, is there any questions for me? 00:46:39
Questions for Nick, do you know what the set aside area on that plat? 00:46:44
What is that? Probably for the other septic? Is it how it is? 00:46:50
We don't have that. It's on the colored map. 00:46:55
It's on a colored. 00:46:58
Just says set aside. 00:47:00
The applicant will have to tell you. OK, I'll ask you. 00:47:03
Any other questions for Nick? 00:47:07
OK. Thank you, Nick. 00:47:09
Is the applicant here or representative of the applicant? Please come forward, state your name and address for the record. 00:47:11
Joe Happel, 2020 Trio Lane, Georgetown, IN. 00:47:19
The answer to your question that set aside is for the. 00:47:23
Time when the health department came out, she said. Hey, Richard set aside. 00:47:26
From the conversation previous conversation, it sounds like we don't need it that is set aside for that. 00:47:33
Anything else you'd like us to know besides that? Well, the. 00:47:41
You all been out several of y'all been out to see the house. It's. 00:47:45
We've positioned. 00:47:50
As as far West as we could without encroaching on the septic itself. 00:47:52
And with the power lines that run in the adjacent property through Roger Harbison's and and I own the field out front. I. 00:47:58
Kind of prohibits any future building there, so. 00:48:06
I appreciate you all coming out and looking at it. I think you'll have the appropriate drawing. I do have some renderings if you 00:48:10
all would like further. 00:48:14
Visual figure. 00:48:18
I'm sorry, I think I only made 5. 00:48:23
Just give us a. 00:48:27
Erial and from the beach, from the travel in our house. 00:48:33
And as you all are have already seen. 00:48:36
As you all already seen the. 00:48:41
It's pretty much dead on. This is everything is finished except the pool. 00:48:43
And we also submitted a video and A and another drawing that shows the distance from the septic and the burn with the pools being 00:48:47
built. 00:48:52
Within SO. 00:48:57
We've done everything we could to keep it as far to the West. 00:48:59
Any questions for Mr. Happy? 00:49:04
Thank you, Miss Tran. Appreciate it. Thank you. 00:49:08
OK, we've heard from the applicant. Excuse me, is there anyone else here this evening that would like to speak in favor of this 00:49:10
application? 00:49:14
Seeing none, anyone here would like to speak in opposition? 00:49:20
OK, seeing none, we'll move to ballot. 00:49:26
Do we have a balance? 00:49:28
Docket FC O8-24-38. 00:49:32
Recovery View. The Board finds that one approval, the variance will not be interest to the public health, safety, morals, and 00:49:36
general welfare of the community. Because the location accessory structure is secluded from neighboring properties and the public 00:49:42
right of way by large lots and a private drive, it will not interfere or confuse public service provisions and the pool will 00:49:48
require either a fence or retractable cover consistent with state statute #2 the use and value of the area adjacent to the 00:49:54
property, including the variance, will not. 00:50:00
Effect in a substantial adverse manner because. 00:50:06
The lot is located on a private drive and is secluded from neighboring property for hundreds to thousands of feet and vegetation 00:50:09
screening. 00:50:13
#3 The strict application of the terms of the zoning yards were resolved in practical difficulties and use product because the 00:50:19
location of the home on the lot, the location of Berry gas line, septic lines and sloping terrain. There are no areas on the 00:50:24
property where a pool could be located without a variance #4 The variance does not involve a structure that is near an airstrip 00:50:30
and regulated under Indiana code. 00:50:36
The Board of Zoning appeals here by grants the petition of the variance at the meeting held on the 9th of September, 2024. That 00:50:42
completes my balance. OK, we have a ballot. Do we have a 2nd? I'll second it. We have a ballot and a second. Any questions? 00:50:49
Discussion seeing none all vote all those in favor signify by saying aye any opposed like son motion passes. 00:50:57
Congratulations. 00:51:05
Next item on our agenda tonight is FC-08-24-39. 00:51:07
And again, Nick is going to come forward and give us a staff report. 00:51:12
The petitioner for this request is Anna Stone. The location 7307 County Line Rd. You're requesting development standard variance 00:51:17
in the rural sub residential suburban. 00:51:23
Zoning District. 00:51:29
They are requesting a variance to allow the building of an accessory structure, a carport that will sit in front of the primary 00:51:31
structure of the tomb. The carport will be built on the existing driveway. 00:51:38
Adjacent properties are Rs properties, residential suburban properties with single family homes. 00:51:46
Located along County Line Rd. there's a church to the east and from South is Kohler Police Subdivision. 00:51:53
The approval staff finds that the approval will not be interested. 00:52:00
LCP models and general welfare of the community. The proposed structure will be 276 square feet. 00:52:04
Detached Carport. The structure will be located 93 feet away from the current right of way for County Line Rd. 00:52:12
And will not interfere with the sight, distance or emergency service provisions. 00:52:20
The use and value of the area adjacent to the property included. 00:52:25
Will not be affected in the substantially adverse manner, being located far from the road with trees providing cover. 00:52:29
In the longest developership. 00:52:37
Residential suburban zoning district. 00:52:40
The variance will not affect the surrounding properties adversely. 00:52:43
The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. 00:52:48
The closest point of the house to the front of the lot is 137 feet from the road. The garage blocks off blocks off the 00:52:55
northeastern side of the parcel in a septic system left off the southwestern side of the parcel, so there is no alternative 00:53:01
location for the structure. 00:53:07
The variance does not involve a structure near an airstrip regulated by immediate code. 00:53:14
Staff conditions would be. 00:53:20
Recommended additional budgetative screening. 00:53:23
Existing Pines. 00:53:26
Are sparse. 00:53:28
Eye level. 00:53:30
Some additional screening may be required. 00:53:32
Any questions? 00:53:37
Actually. 00:53:39
It's OK. 00:53:43
I did get provided the. 00:53:46
Planned carport. 00:53:49
Any other questions for Nick? I got one after this approval. They still have to come in, get a permit. 00:54:01
Yes, there was so many ability and is there an inspection process to that? Yes, OK. 00:54:08
And one last question, Nick. 00:54:14
The existing asphalt that's there, will they? 00:54:16
Put this on top of that asphalt or where they put a new concrete foundation to hold this down or do you know how that how that's 00:54:20
anchored by any chance? 00:54:24
And would need to be compliant with building. 00:54:31
Code I will say that the location is on the existing. 00:54:33
Asphalt, right, in terms of adding concrete? 00:54:38
Because I'd say the lift, the lift is more important than anything with that, with the wind gets underneath it. 00:54:41
OK, thanks. 00:54:46
Thank you, Nick. 00:54:48
OK, referred from staff. Is the applicant or representative of the applicant here? 00:54:50
Please come forward, state your name and address for the record please. 00:54:55
I understand he's gone Daniel's wife. 00:55:03
All right, y'all are in here. 00:55:08
We stand corrected. 00:55:13
The instructor will be. 00:55:21
To be. 00:55:25
On the blacktop. 00:55:28
I've got the. 00:55:56
Tundowns and how they're gonna be. 00:55:57
Inserted in. 00:56:00
I don't know. 00:56:04
Best by give it to you. 00:56:13
I'll take it first. 00:56:16
What's that? The engineering drilling? 00:56:22
It appears to be yes. 00:56:24
2018. 00:56:28
Right like for like a mobile home type anchor type anchor. 00:56:36
I'll let you look at that. 00:56:42
And. 00:56:45
As for. 00:56:57
Additional. 00:56:59
The trees conducted in some way. 00:57:03
I. 00:57:08
Mr. Stone, if this gets approved, we will clarify that for you as well, so it'll be very clear. You won't have to wonder for every 00:57:16
land. 00:57:19
And it's it's going to be just like this, mainly a top opened on the sides, correct? Doesn't come down any further. 00:57:25
There's nothing on the side. 00:57:35
Facing that road. 00:57:37
You meet on the side of car park. Yes, this is going to be open. 00:57:41
I can't believe it's gonna come down. 00:57:46
It looks like less than a foot or 18 inches. 00:57:49
Right, if I had to guess. 00:57:55
OK, OK. 00:57:58
This is from. 00:58:01
The place to play. 00:58:10
The the engineer drilling should say if it if he's got. 00:58:12
Anything beyond that I haven't got through it that fast. 00:58:16
We'll glance at those and we'll give this back to you in just a moment. The only reason is if is it going to be closed or it's 00:58:20
going to be open. That's what I was just asking about. So it sounds like you get the answer to Mr. Heikampers question is there 00:58:26
will be no walls on this. It will be open, right? It'll be open, but there'll be like 2, maybe a little less than half, less than 00:58:32
half, less than half. 00:58:39
A little less than half. 00:58:45
It is. It does have there. 00:58:50
OK. 00:58:54
Anything else you'd like us to know about this? 00:58:58
And you don't have a problem with any trees going putting up some. 00:59:12
Trees on the side to keep it. 00:59:17
Where you can't see in the carport. 00:59:20
You OK with that? 00:59:22
Hi, we've already got. 00:59:24
31234 pine trees, yes, but you can see through those. 00:59:27
You don't have a problem with the newer plantings there, so you can't see the car sitting in the car. 00:59:38
You would do it to the side of it, but you're in between the existing pine on your on your on between you and your neighbor. 00:59:47
That's grass there. OK, Tell me you know. Yeah, there is one tree already. 00:59:53
Yeah, like. 01:00:01
No problem. I think you know put some. 01:00:02
Some kind of evergreens kind to come up, you know, Norway spruce, Evergreen, something to stay green year round. Yeah, yeah. And 01:00:05
put them close enough they'll grow together. 01:00:10
Was there no shooting? 01:00:18
Do you need these papers back? 01:00:23
Remind me on Alexa, No, OK. 01:00:28
Anything else so. 01:00:32
Do we have any other questions? I have some questions. 01:00:34
Your. 01:00:37
You already have a garage there. What what are you going to what? What's if you have a 2 car garage already, right? And what? And 01:00:38
you want to stick this in front of it? 01:00:43
Well, I'm not sticking it in front of it's 32 feet. 01:00:49
You're still gonna be able to get in your garage. Yeah, 1971. 01:00:54
Yeah. And I keep that in the garage and I. 01:01:00
She had a car which keeps in the garage. This is for you. I've got a 2023 Denali and I wanted to. 01:01:04
This is why I want to go. 01:01:14
OK. 01:01:19
Any other questions from the whole? 01:01:20
Thank you, Mr. Jones. 01:01:25
OK. We've heard from the applicant. Is there anyone else here this evening that would like to speak in favor of this request? 01:01:28
Seeing none, is there anyone here speak in opposition? 01:01:36
Seeing none, we'll go to ballot. Do we have a ballot? 01:01:40
Yes, you do. 01:01:45
OK, we're working on it. So give us just a moment. Here we go. OK, after careful review, the board finds that. 01:01:48
Approval of the variance will not. 01:01:55
Will not be injurious to the public health, safety, morals and general welfare of the community because the pro structure will be. 01:02:02
A 276 square feet detached carport that can be easily removed at a later date. The structure will be located 93 feet away from the 01:02:10
center from the current right away of for County Line Rd. #2. 01:02:17
The use and value of the area Jason's property, including the variance, will not be affected in a substantial and diverse manners 01:02:25
because the carport will be located far from the road with trees providing cover and a long alone a less development portion of 01:02:31
the right. 01:02:38
Rs zoning district. 01:02:46
The variance will not affect the surrounding properties in a substantial adverse manner. 01:02:48
The strict application in terms of the zoning ordinance will result in. 01:02:53
Practical difficulties in the use of the property because the closest point of the house to the front of the lot is 137 feet from 01:02:58
the road. A garage blocks off the northeastern side of the parcel, and a septic system blocks off the southwestern side of the 01:03:03
partial. 01:03:08
The variance does not involve a structure that is near an airstrip. 01:03:15
OK. 01:03:24
The board of zoning pillows here by grants. 01:03:27
The petitioner variance at the meeting held on the 9th day of September. 01:03:32
With the following conditions now, I guess we're going to say these are written commitments. 01:03:36
The carport will be constructed without full sides. 01:03:44
I guess I'm going to put that no full. 01:03:50
An additional screening will be required between the adjacent property line. 01:03:54
That's my ballot. 01:04:02
OK, we have a ballot. 01:04:04
Do we have a second? Do you want those to be written? 01:04:05
Commitments or conditions. Actually we have we found out here is a written. 01:04:07
I can change it. 01:04:11
It should be at the top to be honest with you. 01:04:13
I don't know that you need them as written commitments. Yeah, I'll change that to just the following conditions not being written 01:04:16
commitments. 01:04:20
OK, the carport will be constructed without full size and additional screen will be required between the property the two. 01:04:25
OK, so now we have a ballot. Do we have a second? 01:04:33
I'll second here. We have the ballot and a second. Any other questions or comments? 01:04:37
Seeing none, we'll vote all those in favor signify by saying aye aye. Any opposed like son. 01:04:42
We have motion passes. 01:04:48
Congratulations. 01:04:52
You're welcome. 01:04:57
OK, next on our agenda this evening is agenda item FC-08. 01:04:59
Dash 24-40 and Nick is going to tell us about this. Can I ask a question, Nick, since we have two items? 01:05:05
And and this we're going to look for the applicant to acknowledge a yes or no. Since we have two separate items, I would like to 01:05:13
recommend that we hear them as one, but we'll vote on them separately because they are separate. Is the applicant OK with that? 01:05:21
Nick, you OK with that as well? Yeah, I was about to ask the same question. OK, in the interest of time that let's just move a 01:05:28
little faster. OK, Nick, go ahead. So the first is FCOA 2440, which is a special, special exception use variance application. 01:05:36
This is for petitioner Jacobs Well. The location is 8757 Roofing Rd. 01:05:44
The zoning district is rural residential. 01:05:51
So the applicant is requesting to modify a previous conditional use approval that allowed to use. 01:05:55
The use of the property as a bed and breakfast and special special event space which was FC 089637. 01:06:01
The applicant is requesting an expansion of the use, allowing special events. 01:06:10
The expansion is to construct a smaller 50 by 60 metal frame building to be used for storage and small events such as letters, 01:06:14
parties, retreats, corporate trainings. 01:06:20
Like the lot is nearly 4 1/2 acres and is accessed by a drive connecting to roofing. 01:06:26
The primary building is set back over 1000 feet from the road and is surrounded by wooded, wooded land. 01:06:33
Structure will be located in front of the existing structure and will require a development standards variance for the location. 01:06:40
The applicant is a nonprofit which serves singles, mothers and children with transitional services to help support their 01:06:48
stabilization through education, training, therapy, career and financial services. 01:06:54
Adjacent Property The property is surrounded by primarily large vacant lots consisting of Woodlands or farmland. Single family 01:07:00
residential Adjacent to the entrance of the drive at Reuben Rd. In. The surrounding properties are also zoned in the role of 01:07:06
residential. 01:07:11
Staff findings regarding the special exception. 01:07:18
Not be injurious to public health, safety, morals and general welfare. 01:07:21
Of the community. The use is not a new use, but an expansion of an existing allowed use. The special events structure will be 01:07:25
permitted to regulation and will not create physical hazards to neighboring properties. The structure will not inhibit emergency 01:07:32
service provisions because it is accessible by an existing drive. 01:07:39
The use in value of the area adjacent to the property subject to the special exception will not be affected in a substantially 01:07:47
adverse manner. 01:07:51
Then the property is secluded from the neighboring uses. 01:07:56
You're surrounded by. 01:08:00
The expansion it will not generate. 01:08:02
Traffic inconsistent with the existing use and will not create any nuisances, including sound or light that will impact adjacent 01:08:04
properties. 01:08:09
The current use has been approved and operating for years with no impact. 01:08:14
The need for the special exception does arise from something efficient peculiar to the property. The property has a history of use 01:08:21
for special events and is on a large and secluded. 01:08:26
It is an expansion of an approved conditional use which requires a special exception. 01:08:32
The strict application of the terms of the Floyd County Zoning Ordinance will result in the necessary hardship and the use of the 01:08:39
property. 01:08:43
The expansion of the use of the property requires this special exception approval. 01:08:46
Because it was a conditional use under the historic zoning ordinance. 01:08:51
The proposal is consistent with the current use and will not impact adjacent properties. 01:08:55
Substantially adverse manner, nor will it create injurious conditions. 01:09:01
A smaller structure will allow the nonprofit to serve smaller groups more affordably. 01:09:05
The approval of the special exception will not contradict the goals and objectives of the Floyd County Comprehensive Plan. 01:09:11
Approval does not result in contradiction to the goal of preserving the rural character because it is secluded and the structure 01:09:18
is visually similar to barns and structures found in rural. 01:09:22
Settings. 01:09:27
That is the special exception. The second request is for. 01:09:30
FC, 808-2441. 01:09:35
That is a development standards variance for the structure being located in front of the primary structure. 01:09:39
I won't go through the background information again. 01:09:47
Just to note that this building is over 1000 foot from the public right away roofing road and. 01:09:50
The structure will be located approximately 20 foot in front of the existing structure. 01:09:57
Staff comments regarding or staff findings. 01:10:05
Regarding their request. 01:10:08
The approval will not be interested in public health safety. 01:10:10
Welfare This location of the structure in front of the primary will not inhibit the provision of emergency services. 01:10:14
To the existing structure or neighboring properties. There's 20 foot drive between the buildings. 01:10:22
The use and value of the area adjacent to the property, including. 01:10:28
Will not be affected in a substantially adverse management. 01:10:32
The lot is secluded from the neighboring properties. 01:10:35
Structure will not be visible from the right away. 01:10:39
The structure the strict application of the terms of the zoning ordinance will result in practical. 01:10:43
Qualities in the use of the property. 01:10:47
The location of the existing structure is towards the rear of the lot, with the septic system and lateral fields located behind 01:10:50
the structure. 01:10:54
An existing structure is located to the side. 01:10:57
Primary structure and there's limited space on the other side. 01:11:00
Due to the light shave. 01:11:04
There is likely no location on the large lot that would not require any institution, The primary structure location which was 01:11:06
initially constructed decades ago and prior to the current rate. 01:11:12
Staff recommendations for both of these ballot items would just be to maintain the wooded screening of the structures from 01:11:19
neighboring properties to the greatest extent possible. 01:11:23
All right. Any questions for Nick? 01:11:29
OK. Thank you. 01:11:33
Is the applicant or the representative here this evening? Please come forward, state your name and address for the record. 01:11:35
Kevin Willier, 8757 Roofing Rd. Greenville, IN. 01:11:43
Well my wife and I we found in Jake the 12th. 01:11:49
And I curtain service or president of Jacob's well and the reason we're here today has been stated we we requested a variance for 01:11:52
something we'd like to to put up with the location a few months ago. John Costner, who is a friend of ours is here with us. He he 01:11:58
works for ACT building system, which is they they that's a. 01:12:04
Metal frame or cold form metal frame buildings. And they approached us about donating this building to us because they want to 01:12:12
make training videos for their purposes in and out the contractors directly. So they needed to put up a new building and they 01:12:18
decided to to pick a nonprofit to donate it to. And, and they came to us and of course we said yes. And, and so we've been working 01:12:25
with them since then on that project and it's brought us to this point. 01:12:31
As we stated in the letter that you all got, we found using this building for smaller events. 01:12:38
And also to expand our our ministry outreach, providing more space to host events for single. 01:12:43
Moms in our community who may be struggling with different things, we plan on offering classes on budgeting, parenting, first time 01:12:48
home buying, job search, health, and just support groups for trauma related issues and these these women and their children are 01:12:55
going through as far as struggling. And we're also planning on renting it out to people in our communities of smaller venue choice 01:13:02
to be used for graduation and birthday parties, small weddings, small banquets, or even funeral memorial services. 01:13:10
And these funds that we raised from from these events will go to help support. 01:13:18
The ministry to the single mom. 01:13:22
But it's been said the building is located to the side of the current building and that's why the faces roofing room, which is why 01:13:25
we're requesting that to be able to put it in front of the building. And it's been said it's it's over 1000 feet from the road. So 01:13:30
I don't feel like that would be. 01:13:34
Detriment there so. 01:13:40
So we're asking permission to. 01:13:42
This new building there has a developed standard variance as well as a special exception variance, so we appreciate your 01:13:44
consideration in this matter. 01:13:48
All right. Any questions? 01:13:53
Thank you, Sir. Appreciate it. 01:13:56
He referred from staff and the applicant. 01:13:58
Is there anyone here this evening would like to come forward and speak in favor of this request? 01:14:00
Please state your name and address for the record. 01:14:09
John Cusper, 2816 Plantation Court, Sellersburg, IN. 01:14:12
I represent to ACT Building Systems and have known Kevin Hart Willier for more than 30 years. As he stated, you know, the primary 01:14:16
purpose of us looking to donate a building to find a building to build was specifically because we need some updated training 01:14:22
materials for people who erect the steel buildings that we designed. And my boss is directed to me was go find a nonprofit that's 01:14:27
worthy. Our company puts a lot of value on the health and welfare of our customers and clients, our employees and also our 01:14:33
communities. 01:14:39
We're actually virtual company my nearest Co workers of Chicago but resident here Southern Indiana. Southern Indiana matters back 01:14:45
building systems. 01:14:49
The work they do at Jake as well is exceptional. The property is what they're using it for this, this building will add a lot of 01:14:53
value to that. It is a disclude location. It's a beautiful, picturesque place, you know, for, for at this point, they can have a 01:14:59
wedding reception now you can have a wedding and wedding reception. So it's going to have a lot of value. It's going to really 01:15:04
enhance the mystery. 01:15:09
Thank you. 01:15:16
Anyone else here speak in favor of this request this evening? 01:15:19
Seeing none, is there anyone here speak in opposition? 01:15:23
Please come forward, state your name and address for the. 01:15:27
Evening. 01:15:39
My name is Denise Townsend, I live at 8717 Roofing Rd. My husband, Dennis Cruz and I have owned that property since 1992. 01:15:40
I don't especially wish to say that I'm opposed to the project, certainly not opposed to. 01:15:49
Building the new building. 01:15:57
But since we have pro and con opportunity, I have some concerns. Our property, the old 3 acres, we built our house in 1994, so we 01:15:59
were celebrating 30 years. 01:16:05
So correct, the back of the property directly implements. 01:16:12
The Jason 12 property formerly owned by the Roofings. 01:16:18
And. 01:16:21
So one of the concerns we have is about the capacity of the crowds that might be coming. 01:16:23
In the past when things had still rest in up and running. 01:16:29
We saw quite a bit of traffic on the street and Roofing Rd. is a pretty short St. probably less than 1/4 of a mile. 01:16:34
The other concern? 01:16:42
That he had is about. 01:16:45
Any kind of restrictions on firearms? 01:16:47
Exploding Tannerite. We've experienced that before and. 01:16:50
In the just in the vicinity, I won't say it's been up on the hill, but it has been so loud that it has literally shakes our house. 01:16:54
Sometimes there are gender reveal parties. I hear all kinds of uses for Tanner, right. So that's a concern that that yeah, we also 01:17:00
have people up on the hill and I mean, I'm not putting fingers or saying. 01:17:07
Guys, but we have a. 01:17:14
We have people that like to. 01:17:17
I guess do target practice and shoot off. 01:17:19
50-60 rounds of what sound like automatic weapons, missiles, whatever they are, I don't really know. That's automatic. Semi 01:17:22
automatic, I don't know. 01:17:26
So that's a concern, the North, so basically the noise. 01:17:31
The traffic, the capacity of the crowds. 01:17:35
And if there are any kind of restrictions, I realize this is just an expansion on. 01:17:39
Stuff that's already been approved for previous usage on this property. 01:17:45
But that would be my. 01:17:50
Just any kind of unintended consequences these parties might. 01:17:53
Like according to the. 01:17:59
What we've read here is. 01:18:01
In this very expensive letter that was mailed to us. 01:18:04
Is that it would be how it would affect the neighbors, the neighborhood? 01:18:09
We are good neighbors and. 01:18:15
I just don't like the effect of all the noise and traffic. 01:18:17
So that's basically. 01:18:22
Sure. Thank you. 01:18:24
I got a question now. Is the gun noise coming from this property or from neighboring properties? I don't think it's coming from 01:18:25
this property, but it's all I can say is it's coming from up on the hill. We live in a rural setting. 01:18:31
Noise travels. It sounds like it's coming from the other side of the hill. Sure. That's all I'm saying. I don't know what these 01:18:38
celebrations like, especially when you get, you know, weddings. I don't know if they're permitted for alcohol or I don't know 01:18:44
what. I don't anticipate crazy parties, but. 01:18:50
We live right there. We live right there. 01:18:56
Thank you. Any other questions for Miss Townsend? Thank you very much. 01:19:00
Is there anyone else who would like to come forward and speak in opposition this evening? 01:19:05
Seeing none. 01:19:11
We will open it up. 01:19:12
To the applicant to come and respond. 01:19:15
Well, I'll take the last one first. Restrictions on firearms and power works. That's. 01:19:21
Definitely not us. We don't allow that. 01:19:26
And will not allow any kind of firearms we we have. 01:19:29
We take the safety of our neighbors in. 01:19:33
The people there at the event very seriously. So we would we have it in our policy not to even allow that. So for people who come 01:19:36
here so that will be that will that will not be an issue for any event we have even the ones we're currently having allowed to 01:19:41
have. 01:19:47
And I think the traffic, I don't think that there will be any significant increase in traffic. This new venue is, is less than 50 01:19:53
people. 01:19:58
And there will be no simultaneous events with the other building. 01:20:03
Once we haven't been on the property, that'll be it. It won't be. There won't be two things going on at once. 01:20:08
And our other event venue is half the size of what it used to be. 01:20:13
They used to have capacity for 400 people and now we're down to 200 because we only have one side of the event menu in use. 01:20:18
And we don't have plans to do anything with the other side, so, so. 01:20:26
Capacity is down from way down from what it used to be in the roofing zoned it and and we don't see it increasing significantly. 01:20:31
With this new building, like I said and there will be simultaneous events. 01:20:37
Going on with the new building. 01:20:41
In the old buildings so. 01:20:43
So I don't think there will be shouldn't be any. 01:20:44
Significant increase in traffic. 01:20:47
That's already been approved. 01:20:50
Anything else? 01:20:55
Any other question? I got a question. Well, what's your hours of operation on event? What time do you cut off? 01:20:56
Yeah. We we try to have everybody open with you. So yeah. 01:21:04
Any other questions for the applicant while he's here? 01:21:09
Thank you. OK, we've heard from. 01:21:12
Staff, applicant and the public with their support or opposition. Do we have a ballot? 01:21:16
Do you have the conditions of the current conditional use? 01:21:24
Are there things that we need to? 01:21:28
That are already there. We don't need to dress. 01:21:32
I don't have that with me that conditional use was approved. 01:21:40
30 plus years ago so. 01:21:44
If you have any concerns, go ahead and put them on here and. 01:21:48
If they're redundant, then. 01:21:51
That's right. OK. 01:21:53
Thanks. 01:21:54
OK, do we have a ballot? 01:21:56
Talk at FC O824-40. 01:22:00
Have carefully divorced finds that. 01:22:04
Number one, the special exception, will not be interest to the public health, safety and morals and general welfare of the 01:22:07
community. Because the use is not a new use but an expansion of an existing allowed use, A special event structure will be 01:22:11
permitted. 01:22:16
To regulation and will not create physical hazards through neighboring properties. The structure will not inhibit emergency 01:22:21
services provisions because it is accessible by an existing drive. 01:22:26
#2 The use and value of the area adjacent to the property, subject to the special exception, will not be affected in a substantial 01:22:32
adverse manner because the property is scheduled secluded from neighboring uses and is surrounded by wooded land. Expansion will 01:22:37
not generate traffic inconsistent with the existing use and will not create any nuisance, including sound or light, that would 01:22:43
impact adjacent properties. Current use has been approved and operating for years with no impact on the value of neighboring 01:22:49
properties. 01:22:55
#3 the need for. 01:23:02
Special exception does arise from some condition procured property involved because the property has history of use for special 01:23:04
events and is on a large and secluded lot. 01:23:09
It is an expansion of an approved conditional use which requires approval for modification by special exception. 01:23:15
#4 the strict application of the terms of Floyd County zoning orders. 01:23:24
Will result in unnecessary hardship and the use of the property because the expansion of the use of the property requires a 01:23:27
special exception approval due to the fact that it has been approved. 01:23:32
Conditional use under historic zoning ordinance The proposal is consistent with the current use and will not impact adjacent 01:23:37
properties in a substantial adverse manner. The smaller structure will allow the nonprofit to serve smaller groups more 01:23:42
affordably. 01:23:47
#5 The approval of the special exception will not contradict the goals and objectives of the Floyd County Comprehensive Plan, 01:23:53
because the approval does not result in a contradiction of the goals to preserve the real characteristic. 01:23:59
Rural character because the property is secluded and the structures. 01:24:06
Is visually similar to a barn and structure found in rural settings. 01:24:10
The Board of zoning appealed here by grants petitioner. 01:24:15
Special exception at the meeting held on the 9th of September, 2024. Approved by the Board. 70 Completion of the following 01:24:18
petition. Maintain the wooded screen of structures from neighboring properties to the maximum extent. Property obtained. Approval 01:24:23
from the fire department that there there is adequate clearance around the building in case of an emergency. That completes my 01:24:29
ballot. OK, we have a ballot. Do we have a second? 01:24:35
I'll second it, the ballot and a second. Any questions or comments from the board. 01:24:42
OK, seeing none, we'll move to vote. All those in favor signify by saying aye aye. Any opposed like sign. 01:24:48
OK. So the first of Jacob Wells 2. 01:24:55
Agenda items has passed. Do we have a ballot for the second request? Docket SCO 824 dash 41. After careful review, the board finds 01:24:59
that one the approval of the variance will not be interest to the public health, safety, morals and general welfare of the 01:25:05
community. Cause of location of the structure in the front of the primary will not inhibit the. 01:25:12
The provision of emergency services to the existing structure and neighboring properties. There is a 20 foot drive between 20 foot 01:25:19
drive between the buildings. 01:25:23
The use and value of the area adjacent to the property. 01:25:28
Included in the variance will not be affected and substantially adverse manner because the lot is secluded from the neighboring 01:25:31
properties which are. 01:25:35
Large, mostly vacant, wooded or farm plots. The structure will not be visible from the right of way #3 the strip application. The 01:25:40
terms of zoning ordinance will result in practical difficulties and use of the property because of the location of the existing 01:25:46
structure just towards the rear of the lot in the septic system and the lateral fields located behind the structure. An existing 01:25:52
structure is located to the side of the primary structure and there is limited space on the other side of the structure due to the 01:25:58
to the light shape. 01:26:04
There's likely no location on the large light that would not require variance to the primary structures location, which was 01:26:10
initially constructed decades ago and prior to current regulations. 01:26:16
#4 The variance does not involve a structure that is near airstrip regulated under Indiana code. 01:26:22
Boarding board of zoning appeals here about grants the petitioner. 01:26:30
Variance at the meeting held on the 9th of September, 2024, approved by the Board of depletion of the following conditions 01:26:34
maintained with a screening of the structure from neighboring properties to the maximum extent possible. Obtained written. 01:26:39
Approved prior department. There is adequate clearance and circulation space around the building in case of emergency. That 01:26:44
completes my balance. OK, we have the ballot. Do we have a second? 01:26:50
I'll second, we have a ballot in a second. Any other questions? 01:26:56
Seeing none all those in favor signify by saying aye aye. Any opposed like son. 01:27:00
Both bats, congratulations. 01:27:05
OK, We have one more agenda item this evening. That's FC-08-24-42. Nick is going to give us a staff report on that. 01:27:09
The petitioner here is a war aesthetics and Wellness. The location is 4932 Charlestown Rd. They are requesting a. 01:27:17
Modification to improve special exception. The zoning district is residential suburban. 01:27:27
The applicant is requesting the modification. 01:27:34
Previously approved. 01:27:38
Special exception for the property. 01:27:40
To allow real estate offices to operate at the above. 01:27:43
Reference property. 01:27:46
That was FC 102249. The modification requested is to change the use from strictly real estate office to more generally 01:27:48
professional office. The proposed user is a healthcare practitioner known as Amor Aesthetics and Wellness, which operates a 01:27:57
medical spa treatment facility for aesthetic care. The building footprint and parking lot are not being modified. 01:28:06
No additional renovations to the building are requested. 01:28:15
The proposed user typically has five employees on site, including two practitioners. 01:28:19
Appointments last typically 45 minutes to one hour. The modification would allow any generic use that would be classified as 01:28:24
professional office and has similar use characteristics in terms of traffic intensity and function. 01:28:32
Any modification of the site plan would require approval of the board. The changes from one professional office used to another. 01:28:40
Nearby land uses include Autumn Hill. 01:28:49
Cobridge Crossing in southern state subdivisions. 01:28:52
Professional Office. 01:28:56
Large church assisted living, a medical service facility and is within approximately 1100 feet of. 01:28:58
Professional offices at the. 01:29:05
At and near Cobbler Station Office Park. 01:29:08
Staff findings are that the special exception will not be injured to the public health safety. 01:29:11
General welfare community. 01:29:18
The exception will not significantly impact their flight and sound or create a physical hazard to the community. The use of a 01:29:20
professional office is low impact and consistent with nearby uses. Traffic volume for this use is relatively low and the property 01:29:27
has direct access to a minor Ontario classroom that is Charlestown Rd. 01:29:34
The use and value of the area adjacent to the property subject to the special exception, will not be affected in a substantially 01:29:42
adverse manner. 01:29:46
The use of the use as a professional office will not create physical hazards or nuisance to neighboring properties. 01:29:50
And the more specific type of professional office use has already been approved. 01:29:58
The type of the use is consistent with existing commercial uses in the area. 01:30:02
The need for the special exception does arise from some condition peculiar to the property involved. 01:30:09
The modification of the special exception requires a new. 01:30:15
Special exception application as the only method available for approval. 01:30:18
The property is peculiar and that it has been approved for a similar use in the past. 01:30:23
Is located on an arterial roadway. It's not located in a subdivision and there are a number of commercial institutions, 01:30:28
institutional uses in the immediate vicinity. 01:30:33
The strict application of the terms of the Floyd County Zoning Ordinance will result in an unnecessary hardship. 01:30:40
In the use of the property, the current zoning of the property that does not allow commercial uses, but an exception, special 01:30:46
exception for the more specific professional office has been approved. 01:30:51
The proposal will allow similar uses in terms of form, function and intensity. 01:30:56
The location is on a high volume Rd. with nearby commercial and institutional uses indicate the best use of the property as 01:31:02
commercial. 01:31:05
The approval of the special exception will not contradict her. 01:31:11
Goals and objectives of the Floyd County Comprehensive Plan. 01:31:14
Approval will support local small businesses and will not significantly alter the character of the area. 01:31:18
Additionally, it will continue to direct commercial development in your existing commercial development in the area. 01:31:24
Staff recommendations regarding this. 01:31:31
Request conditions required from the previous approval of C 102249 remain in effect for this approval, and that is the landscape 01:31:34
screening room. 01:31:39
Additional landscape screening between parking lot and adjacent property. 01:31:45
Minimum of two deciduous never entries required. 01:31:49
As part of the parking landscaping. 01:31:53
Monument sign required. 01:31:56
Requires a permit from the building and development Shall comply with FC. 01:31:59
25 general science standards. 01:32:02
The entrance drive to be equipped by the county engineer. 01:32:05
Many of those have been completed. 01:32:09
Provide approval. 01:32:12
And secondary provide approval for exemption statement from for the rehabilitation work that occurred from the Indiana Department 01:32:14
of Homeland Security building permanent. 01:32:19
Department residential to commercial. 01:32:25
Questions for me. 01:32:31
Thank you. Appreciate it. 01:32:35
OK, Is the applicant or representative at the applicant here? 01:32:37
Please come forward, state your name and address for the record. 01:32:41
My name is Danny Short, 2853 Plantation Court, Sellersburg. 01:32:46
This is Jason Tumulty with lure, aesthetics and Wellness. 01:32:51
Reason we're both up here is because the property is under contract so it's not officially changed hands yet. So I'm here speaking 01:32:56
as the current owner. 01:33:02
And Jason representing. 01:33:08
The new owners? 01:33:11
So. 01:33:13
Appreciate your consideration for this request. This property was intended to be my real estate office and I have merged my 01:33:14
company with another one so my. 01:33:20
Previous company no longer is is in business. So we already have two other real estate offices that we operate out of in Southern 01:33:27
Indiana and we don't have a need for this one so that. 01:33:32
Necessitates the sale of this property. 01:33:39
I will say, you know, just kind of to. 01:33:43
Dovetail with Mr. Creevy. 01:33:45
The you know Charlestown Rd. is a mixed-use corridor. There are. 01:33:48
Other medical offices within. 01:33:52
1000 to 1200 feet in the area there's. 01:33:54
Therapist office across the road. 01:33:57
Assisted living dentist office. 01:34:00
And even drug stores within about 2000 feet. 01:34:04
Of this property. 01:34:07
Really the only part of. 01:34:11
Left is the the landscaping piece, which Allure has agreed as part of the purchase agreement to install. 01:34:14
Their standards are probably better than mine, so that's probably a good thing for. 01:34:24
The neighbors and everyone involved. 01:34:29
I will say, you know one of the biggest concerns that. 01:34:33
Everyone's had is the traffic, especially from turning out of neighborhoods in the area. And it's a it's a concern of mine as well 01:34:36
because I live in southern states. 01:34:40
You know, recently the speed limits been reduced to 35. Not that everybody. 01:34:47
Adheres to that but it has been slowed to 35. There is a walking path that is being installed on the West side of Charlestown Road 01:34:52
from County Line. 01:34:59
The new park by Northside. 01:35:06
So there are plans in place, there has been. 01:35:09
Preliminary traffic study done. 01:35:12
In the area of Cobblers crossing in Autumn Hills. 01:35:15
And there will be some some more steps taken in the future. 01:35:20
Cure some. 01:35:25
Traffic issues there as far as residents are concerned for returning in and out. 01:35:27
Yeah, sure. Would you state your name and address for the record please? 01:35:38
5557 Limestone Creek Drive. 01:35:43
Thank you. It is with a number of clients that we would see in a daily basis. 01:35:47
It's a minimal impact to the air. 01:35:54
Into the neighborhoods really good. 01:35:55
And there is in front of it. There it actually. 01:35:58
Is a lane to turn off and do the parking lot. 01:36:01
They are coming out at least in One Direction. 01:36:06
So it doesn't, that's where I look at it. I mean, I had somebody come in the other day or it's so nice and there's already a line 01:36:14
here for you guys. 01:36:17
Price to pull over? 01:36:22
Into parking at the turning lane. Broad Hills. 01:36:23
Goes past the driveway over this business. 01:36:27
Gotcha SO. 01:36:31
Minimal impact to the traffic. 01:36:34
Slowing the traffic down into that area. 01:36:36
Any questions for the applicant? 01:36:40
Applicants. 01:36:42
Thank you. 01:36:44
OK. Is there anyone here this evening that would like to also come forward to speak in favor of this request? 01:36:46
Seeing none, is there anyone here that would like to come forward to speak in opposition to this request? 01:36:53
OK, come forward, state your name and address for the record please. 01:36:59
Patty Anderson 3011 Autumn Hill Court, New Albany, IN. 01:37:07
I don't. 01:37:15
What we kind of speaking for a whole subdivision, we don't have an opposition to what's going in there now. 01:37:16
The concern is, as Mr. Short stated, the traffic situation that we've all been facing, it is horrible and previously when he got 01:37:25
the exception. 01:37:31
Or the zoning change to real estate office that has been fun. There wasn't much traffic. It didn't affect the traffic much. And I 01:37:38
suspect that this is this new business will not. 01:37:46
Be much different. 01:37:54
The concern is if this zoning. 01:37:56
Change is allowed to professional office. 01:38:00
What is to prevent? 01:38:04
This new business Allure or whoever owns it from selling and having a different business go in there and there's more traffic or 01:38:06
maybe they'll tear down the house and put a bigger building in and have some type of big professional type business there. We do 01:38:14
have small businesses close by. Like they say there's a church in the nursing home and. 01:38:23
But Walgreens and those drug stores are far down the road. They don't affect our traffic. So our main concern? 01:38:33
Is if this is rezoned as professional office. 01:38:40
What is to prevent? 01:38:47
You know down the road it being sold in a larger business going in there that creates. 01:38:49
Traffic has. 01:38:55
Anyone else? 01:39:00
We'll let Nick come the nature after we hear if there's any other comments. Was that it? 01:39:05
Thank you. Is there anyone else would like to come forward and speak in opposition? 01:39:10
Seeing none, Nick, would you like to come and respond to that? 01:39:16
So while while this special exception modification would expand the allowed uses to other. 01:39:22
Offices, which is a short list in our zoning ordinance. 01:39:28
It does not allow any modifications to the site. 01:39:32
Building beyond what has already been. 01:39:35
So if they wanted to tear down the building and build a new one. 01:39:39
Office they would have to come back and get approved for that regardless of the use. 01:39:42
OK. 01:39:48
Larry, did you have question for Nick? 01:39:50
This is not. 01:39:52
We did not change the zone, correct. This is not. This is still a residential in a suburban zone property with a use variance. I 01:39:54
just want to clarify that. Thank you. 01:40:00
OK, so. 01:40:10
We've yet the applicant is welcome to come forward and respond or if not. 01:40:13
OK, seeing no no other comments then. Do we have a ballot? 01:40:19
Docket FC O8-24-42. 01:40:22
Review the board finds that one the special exception will not be interested to the public health, safety, morals and gender 01:40:26
welfare of the community because the exception will not significantly impact the light, air, sound or create a physical hazard to 01:40:31
the community. 01:40:35
The uses of professional offices low impact and consistent with nearby uses. Traffic volume for this use is relatively low and the 01:40:41
property has direct access to a minor artillery. Artillery Class Rd. Charlestown Rd. #2. The use and value of the area adjacent to 01:40:48
the property, subject to the special exception, will not be affecting a standstill adverse manner because the use as professional 01:40:55
offices will not create physical hazards or nuisances to the neighboring properties. 01:41:03
Any more specific type of professional office use has already been approved for the location. The type of use is consistent with 01:41:10
the existing commercial uses in the area. 01:41:15
#3 The need for a special exception does arise from some condition peculiar to the property involved, because modification of 01:41:20
special exception requires a new special exception application as the only method of viable available for approval. 01:41:27
Property is peculiar in that it has been approved for a similar use in the past. 01:41:36
Is located on our arterial road and is not located in the subdivision and there are a number of commercial institution uses in the 01:41:40
immediate vicinity. 01:41:45
#4 The strict application of the terms of Lloyd County Zern ordinance will result in unnecessary hardship and use of the product 01:41:51
because the current zoning of the property does not allow commercial uses, but a special exception for the more specific 01:41:58
professional office has been approved. The proposal will allow similar uses in terms of form, function and intensity. The location 01:42:05
on a high volume roadway with a nearby commercial and institutional uses indicates the best use of the property as commercial. 01:42:12
#5. 01:42:21
The approval, the special exception, will not contradict the goals and objectives of the Floyd County Comprehensive Plan because 01:42:22
approval will support local small business. 01:42:26
But will not significantly off to the character of the area. Additionally, it will continue to direct commercial development near 01:42:31
existing commercial development in the area. 01:42:35
The Board of Zoning. 01:42:41
Appeals here by grants of petitioners. Special exception at the meeting held on the length of September, 2024. 01:42:42
Approval by the Board of subject completion the following petitions. 01:42:48
The conditions required with previous approval FC 102249 remain in effect for this approval. 01:42:52
Provide approval. 01:43:03
Our exemption statement for rehabilitation work from Indiana Department of Homeland Security building permit Department 01:43:06
residential to commercial conversion. 01:43:10
That completes my ballot. 01:43:15
OK, we have a ballot. Do we have a second? 01:43:17
I'll second in a second. Any other questions, comments, all those in favor signify by saying aye aye. Any opposed like sign? 01:43:19
Motion passes. Congratulations. 01:43:29
Is there anything else to come before our board this evening? 01:43:32
OK. Seeing, seeing no other business to come before the board, I'll entertain a motion to adjourn. 01:43:37
We'll move to adjourn. I'll second motion and a second. All those in favor signify by saying aye, aye. We are adjourned. 01:43:43