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Our honorary pallbearers and I'm surprised Floyd's ankle football, but I don't know what did he start? 00:00:00
OK, then that's how come. OK. 00:00:06
I was wondering what the deal was. 00:00:10
He's really gonna find out. Like 3. 00:00:13
Yeah. 00:00:33
This is. 00:00:38
You know. 00:00:41
What gets me is. 00:00:42
There's two competing. They want to get even with each other, they turn them in. 00:00:45
For what? 00:00:58
Festival. 00:01:05
Similar to similar vision. 00:01:16
Should have been around and they said one shot from 1 area and one from the other. 00:01:26
There should have been somebody on every corner. 00:01:37
It would have been, should have. It's two different things. 00:01:42
Who is Harry Potter? 00:01:46
Looking for my pin, I had it on the shirt. 00:01:48
Sorry. 00:01:53
Good evening everybody. 00:01:57
You're not on. 00:01:59
Good evening, everybody, and welcome to tonight's Floyd County Board of Zoning Appeals meetings, 5:00. 00:02:04
We're gonna go ahead and get our meeting started. We have a small crowd, but I usually like to remind those that are here that 00:02:10
this is the Floyd County Board of Zoning Appeals. And if you thought you were coming to another meeting, it's probably somewhere 00:02:15
else in this building. But if you're here for the BCA, we're glad you're here and we will get started. Let's get the meeting 00:02:20
started with roll call. 00:02:25
Here. 00:02:32
Mr. here. 00:02:35
Here. 00:02:38
Here. 00:02:40
OK. 00:02:42
Just for point of order, before we go any further, I will mention tonight we. 00:02:44
We do not have a full board and we like to normally inform our applicants that when we do not have a full board, the applicant of 00:02:50
course has the option, if they choose, to table their request until we would have a full board. That is your choice and you can 00:02:58
let us know that before we move to that agenda item, but just wanted to let you be aware if you chose to. 00:03:06
Table this item. You're certainly welcome to do that to a time when we would have full board moving on. 00:03:16
The minutes of the prior meeting had been circulated in advance of the meeting. I assume everyone has gotten those and had a 00:03:22
chance to review them. 00:03:26
I would. 00:03:31
Entertain any questions or comments about the minutes. 00:03:33
I move, we approve. 00:03:39
I'll second we have a motion and a second to approve the minutes as presented. 00:03:40
All those in favor signify by saying aye aye. Any opposed like sign the minutes pass. Is there any old business to come before the 00:03:46
board this afternoon? 00:03:50
I don't believe there was any. We just want to double check. OK, we have one item on our agenda this evening. 00:03:55
And that is FC-09-24-43, a request for development standards variance. I know that Mister Unruh is not here and he would have had 00:04:04
to recuse himself. 00:04:10
I will also have to recuse myself because I do business with the applicant and so I am going to turn the gavel over to. 00:04:18
Mr. Height Camper to run the meeting and I'm going to step out while we go through this. 00:04:27
And then we we're done for that. I'll come back in and close to me so. 00:04:32
Thank you. 00:04:38
OK. Mr. Cravey, do you want to give staff report please? Yes. The petitioner here is Win Voters LLC. 00:04:40
The location of the property is off of Unruh Way. 00:04:48
Is a vacant parcel unaddressed at this point? 00:04:53
The request is for a development standards variance for a front yard set back. 00:04:57
Zoning district is residential suburban. 00:05:01
The applicants requesting the development standard variance to allow front yard minimum set back of. 00:05:05
20 feet instead of the 60 feet requirement for the primary single family structure. 00:05:11
The property is located along underway and is not in a platted subdivision. 00:05:17
Underway has an approximately 50 foot right away with the road with being approximately 24 feet of paved. 00:05:23
Surface. 00:05:33
Floyd County Zoning Ordinance Section 4.19 requires the primary front yard set back to be 60 feet for arterial collector and local 00:05:35
roads, but allows 20 feet for subdivision streets. 00:05:42
Adjacent properties are also are as zoned. 00:05:50
Single family homes in the northeast and South along our way. There's an overhead power line and easement directly north to the 00:05:53
property. A grandfather commercial use coal barn is located to the southeast across the street. 00:06:01
There are several grandfathered accessory structures at the corners of Old Vincennes Road and underway that are located closer 00:06:09
than the 60 foot set back. 00:06:13
The property also abuts Old Vincent's Road to the South, but there is a wide wooden ditch that will. 00:06:19
Not be suitable as an access point from that location. 00:06:25
Staff comments The approval would not be interest to the public. Health, safety and more was for general welfare of the community. 00:06:30
The primary structure closer to the front will not create any physical hazards to other properties, obstruct sightlines or confuse 00:06:36
the delivery of emergency services. 00:06:43
The use and value of the area adjacent to the property included in. 00:06:50
Would not be affected in a substantially adverse manner. 00:06:54
Neighboring properties will be a minimum 200 feet away from the proposed structure. 00:06:58
Structures a luxury home, which will increase property values of the parcel and it's expected to have positive impacts on adjacent 00:07:03
properties. Strict application of the terms of the zoning ordinance will not result in practical difficulties in the use of the 00:07:08
property, however. 00:07:13
The home design and location appears to be able to be modified to accommodate the building set back on the property. 00:07:19
There's adequate space for the compliance single family structure to the West of the pond that could be accessed by a drive 00:07:27
between the easement and the pond. 00:07:31
Additionally, the home design could be modified or reoriented. 00:07:36
To meet the standard at the current location. 00:07:39
It is not near an airstrip located. 00:07:44
Regulated under Indiana Code 8.110. 00:07:48
Staff recommendations would be that. 00:07:52
It does not appear that the compliance with the zoning ordinance would result in practical difficulty in the use of the property. 00:07:55
I would request that the applicant provide that justification if they have it. 00:08:00
It is not technically on a subdivision St. It is a local Rd. 00:08:07
However, Underway functionally acts as a subdivision St. 00:08:12
It is a dead end St. and there would be no. 00:08:19
Additional through traffic there. 00:08:21
That is all I have for the staff report. I do want to note that we received some. 00:08:25
Public comments. 00:08:30
Which I provided. 00:08:32
In the link and I will. 00:08:34
Provide Mr. Height Keeper a hard copy here. I know. 00:08:37
Like. 00:08:41
But I'll go through them first. 00:08:43
Actually here's here's the. 00:08:47
Letter from Mississippi Group. 00:08:50
In the letter, she. 00:09:02
Notes that she absolutely had no problem with the location of the proposed new home. They own the property. 00:09:05
Grandfather commercial property across underway and. 00:09:13
Developed the the roadway itself. 00:09:16
When it was just a 10 foot right of way gravel road and they built it to county standards. 00:09:20
So they have no issue with the variance. 00:09:27
Another letter came from Jody Crawhorn and wife Anna. They live at 4410 Old Vincents Rd. 00:09:31
They requested. 00:09:40
They note that the variance will not have a negative effect in the tiny neighborhood in any way. 00:09:42
Will only have beauty and value to this Main St. 00:09:49
And then we have another from Mark and Kathy Johnson. 00:09:54
Noting that the Unruh way, although. 00:09:58
They note that it's considered a major County Road. 00:10:02
It is much more of just a small, short dead end road. 00:10:06
And then they know this is the joining property directly to the north. 00:10:13
Of the requested. 00:10:19
Variance and they have no problem with reducing the front set back. 00:10:21
That's all I have. OK. Are there any questions for Mr. Craving? 00:10:26
So Nick, those 3 letters are the three residents and in that cul-de-sac area, correct? Yeah, one of them is, is directly north. 00:10:31
That was the one I just read. 00:10:40
Crowhorn is at the corner of Underway and Open Sense Rd. 00:10:42
Across the street and then Jeannie Unruh represents the ownership of the commercial barn that's across the street from it. 00:10:47
I think the Schmitz own themselves the property to the northeast, and then we have the Coleman's across the street. We did not 00:10:57
hear from them. 00:11:02
They may be here tonight. 00:11:07
OK. And then another question on the. 00:11:09
On the plat that they showed. 00:11:12
So the. 00:11:15
The 60 foot ride away their 60 foot set back is after the. 00:11:18
Right away, right? Not the pavement. So it would actually appear further from the. 00:11:22
Roadway itself, then 20 feet OK. 00:11:29
OK. Thank you. Any more questions? 00:11:34
If not, would the applicant or whoever's here to speak in favor please come forward, state your name, and sign in? 00:11:37
Tell us what you're going to do. 00:11:47
My name is Kent Whitney. I'm with Whitten Builders. 00:11:49
I live at 3790 Lawrence Bennett Rd. and Floyd jobs. 00:11:52
I'm here on the behalf of. 00:11:56
Jim and Marcia Smith to propose to build a new home on property that they own. 00:11:59
Home will be a beautiful home and a beautiful setting. It will enhance the area and the values of what is already there. Part of 00:12:04
the reason for the set back issue is trying to fit the home in on this piece of property. 00:12:12
In the very back that Nick refers to, that's kind of set up where the septic system will go and also there being a barn that will 00:12:20
eventually be built back there. And then with the setback it if we set it back any farther, the home would end up being too close 00:12:26
to the lake in that aspect. 00:12:32
That this home will meet Rd. frontage, there's ample Rd. frontage for this partial it has over the amount of acreage that's 00:12:40
required by Floyd County. There's some issues that we have to deal with and there's which affects the placement of the home as 00:12:45
well. 00:12:50
We've got a power line utility easement. 00:12:56
There's also a water drainage pipe that comes from Spring Farms that affects the area. 00:12:59
It is a County Road, but it like Nick mentioned, it's more of a subdivision and should have been probably plotted as a subdivision 00:13:06
to begin with, which has 20 foot setbacks for subdivision. 00:13:13
The actual house is going to be started at 22 feet back and then it goes back. It's it's a very large home. 00:13:20
In a beautiful setting, it's just set up very well for this lot to take a view of the lake and have a walk out. 00:13:28
As Nick mentioned, as you pull down this street, to begin with, there's already a couple garages that are well within the 60 feet. 00:13:36
They might even be less than 20 feet from the road and the actual home is going to be setting. If you went from the curb, it's 30 00:13:44
plus feet. 00:13:48
From the curb, so the appearance of it doesn't look like it's encroaching in any way there of the. 00:13:53
The road and any right of ways that would be there. 00:14:00
I think. 00:14:07
Had a quick brief thing, you know, Nick kind of stated everything that that should make this an approval. Again, it's it's not a 00:14:08
it's a dead end St. cul-de-sac that just a little neighborhood subdivision is what it actually is and should have been approved 00:14:15
for which has 20 foot Rd. setbacks. 00:14:21
When I was out there, there was some steak set and there's some red flags. Is that where the buildings going to go? The house, 00:14:29
correct. The front stakes that you will see are flags is like the edge of the garage. This home actually has 22 car garages on it. 00:14:35
And then the wooden sets that you would have seen out there, those are actually where the home where we start to dig the basement. 00:14:42
Those have like a six foot off set for the the wood stakes to do from. 00:14:49
So the stakes is actually the House of limp towards the curb, then I guess towards Rd. 00:14:57
Then is the garage going to be closer to the road than what the mistakes are? Is that what I'm here? It'll be closer than what 00:15:05
that wood stake is. But in front of the wood stake, you'll see a red flag that was out there. That's where it's set at. 22 feet is 00:15:12
where that red flag is. So it's will be up behind the 20 foot that will request. 00:15:18
Garages. And the garage on that side is actually what we call a courtyard garage. So the driveway will be off to the right and 00:15:26
it'll swing into the garage. So in front of that you'll see windows and it'll look like a house at that point. 00:15:33
But the garage sticks out in front of the house, but it's within the. 00:15:41
25th set back. 00:15:45
That explains when I was out there, I was like, Gee, there's plenty of room here when I looked at the stakes and I didn't realize 00:15:47
the flags were showing where it was at. So stakes is actually for the actual basement of the house and then but there's flags in 00:15:54
front of that that protrude out. That's actually the garage sets. OK, Does anyone else have any questions? 00:16:01
OK, is there anyone else to speak in favor? 00:16:13
My name is Jim Schmidt. I'm the actual property owner there that's requesting for the variance. I live at 4416 Underwear just at 00:16:21
the end of the cul-de-sac now. 00:16:26
So first, again, I appreciate all your else time on this matter. 00:16:32
I just wanted to make a quick little note and chat with you guys that when this road got started out there, like the Unruh you 00:16:36
mentioned in that letter that 30 years ago is when I moved out there, there was a 10 foot wide rock road. And we kind of looked at 00:16:42
it and decided that three or four people that lived there decided we wanted a hard paved road. And that's what we decided to get 00:16:48
together with the help of the local contractor. We needed our property ownership over to the county. 00:16:54
To make that into the road that it is today. Certainly that time when I viewed it as everyone has said, being 1000 foot long with 00:17:01
a cult of psychic at the end of death, it come across as a subdivision for all of us. 00:17:06
And Roman, that's what we looked at. 00:17:12
Then to jump ahead to look at, you know how I got to this point with this home when we looked at that property and took over the 00:17:14
ownership of it years ago. 00:17:18
We really felt like there was only a way we could lay this out with what we wanted to do the home out in that front section. 00:17:23
So when we looked at all of it, that was really the only feasible way with the size of everything to angle it in there, to put it 00:18:00
in and make it work. So, you know, we just kind of did that away again. 00:18:06
That's lived out there with us. I think everybody that are now has been at minimum of probably 10 years. 00:18:41
Like I say myself, 30, I know Donna's here tonight, she's been there 35 So all of us are pretty much the original owners out there 00:18:46
have always viewed that as a small, nice little subdivision road. And and like to answer a little more of your questions, I spoke 00:18:52
with Ken on, I'm no surveyor or engineer, but the actual front part of that of the house that comes off that curve is 33 foot 00:18:58
away. So where you saw that state coming back to it, that's 33 foot away. That's the closest point anywhere of that home to the 00:19:04
car. 00:19:10
So is that the one red flag he's stuck in for that steak? It is actually 33 foot. I see the verbiage of 2022 foot. I don't know 00:19:17
how the engineers expect that out off of easement. So I'm just giving the reference off of the curve. It is 33 foot. 00:19:24
The closest point of the house to that clerk, that is the garage course. That is the garage corner. I measured that yesterday, so. 00:19:31
Again, I don't know how the the engineers and the surveyors. 00:19:40
Put all that together, but I saw the 2022 foot a couple times. 00:19:46
I said, well, again, I'm 33 foot back and as as as Ken mentioned, there are some other structures that are 118 foot off of that 00:19:50
roadway now and some other ones are 25 and 40. So you know, proximity there's really no big difference from where I'm at once a 00:19:56
lot closer one just a little farther away than it is 33 foot from that point. 00:20:03
I'm glad you clarified that because like I said when I looked at it it. 00:20:11
Was a whole lot further away than 20 feet yes so it certainly the 22 feet is is from the right of weight line so the 33 feet that 00:20:15
he's referring to is from back occur I understand that yes and that's my life I see the vision right where it's really setting 00:20:23
that and it is sitting 33 foot back which is in the proximity or more than several other structures out there now so. 00:20:30
OK. So at that point, so again that's just. 00:20:39
Appreciate your time. Just want to share those thoughts. OK. Thank you very much. Is there anyone else here speak in favor? 00:20:42
OK, come forward, give us your name and sign in please. 00:20:49
Name and address there. 00:20:58
Yes. 00:21:01
Say your name at Andrew. We're not signed in anymore, are we? OK. 00:21:03
I'm sorry. Well, we used to sign in prior to COVID and I'm feeling in tonight. We used to do that so. 00:21:08
I live at 4462 old Vincennes Rd. 00:21:21
A frontal says. 00:21:26
No ideas and a new way as well. 00:21:29
I've been his neighbor since he was a little tight. 00:21:33
And let me tell you, he has said nothing but enhanced on neighborhood. 00:21:38
I have no doubt. 00:21:43
That that house will cause no problems. 00:21:47
You're the are you the white picket fence house? 00:21:51
I'm the white picket fence. Don't talk about my house. I know it needs work. I didn't say nothing. I didn't mean that. I'm just 00:21:54
clarifying where you live. 00:21:58
Could you have a garage that's relatively what's in that as close to the edge of Andrew White? So OK. 00:22:03
And thank you for your time. OK, thank you. Is there anyone else speak in favor? 00:22:10
Two of them there. 00:22:16
Your name and your address please. 00:22:18
Randall Todd Coleman, 4412 Hundred way. 00:22:20
I have the houses directly across the street from where Jimmy's want to build his house. We have a. 00:22:26
Right at 10 acres on four different parcels of land across. I have no problem with him putting the new structured house there. 00:22:31
It will pants our neighborhood. We're just a little cul-de-sac with four to five house system. 00:22:39
All workout. 00:22:44
OK. Thank you. 00:22:46
There was somebody else. We got a few more minutes here if you want to come. 00:22:47
Thank you. OK, OK. 00:22:51
Is there anyone here to speak against? 00:22:55
OK, hearing none. 00:23:00
Do we? 00:23:03
Nick, you got any comments you want to make or? 00:23:05
And does the applicant want to say anything more here? 00:23:09
Okay. 00:23:16
I think that the applicant has provided some practical difficulties. 00:23:21
With the location of the septic system needing to be. 00:23:27
Towards the rear and. 00:23:31
Kind of down from the pond. 00:23:33
That would provide sufficient justification as a practical difficult. 00:23:35
To justify the variance so staff would be supportive. 00:23:40
OK. Thank you very much. Do you have any questions of the applicant? 00:23:46
And if not, I'm ready for a ballot. Just a second. 00:23:51
Hey, let's, let's quiet down now. We're still in a meeting. 00:24:51
Docket FCO 924-43. Petitioner Whitten Builders. 00:24:57
After California review, the board finds that number one. 00:25:03
Variance will not be interest to the public health, safety, morals and general welfare of the community because locating the 00:25:06
primary structure closer to the front will not create any physical hazards to other properties or obstruct site lines, nor confuse 00:25:12
the delivery of emergency services at this location. 00:25:18
#2 The use and the value of the area adjacent of the property, including the variance, will not be affected in a substantial 00:25:25
adverse manner. 00:25:28
Because neighboring structures will be a minimum of 200 feet away from the proposed structure. The structure is a luxury home 00:25:32
which will increase the property value of of the parcel and is expected to have positive impacts on adjacent property values. 00:25:40
#3 the strict application in terms of the zoning earners will result in practical difficulties in in the use of the property 00:25:48
because the logical place to construct the home is facing underway and 150 foot. 00:25:54
Glad power line easement prevents construction along the north property line. 00:26:01
Locating the residents in the rear of the track will add excessive development costs, primarily to construct an entrance remote 00:26:06
Vincent's Road. 00:26:09
Locating the house near the West Park line, which severely restrict where the owner could construct an outbuilding barn on the 00:26:13
property. Locating the house to the West would make the septic system location a challenge #4 this variance does not involve a 00:26:19
structure that is near an airstrip and regulated under Indiana Code. 00:26:26
In addition, underway is a cul-de-sac, but similar to a subdivision St. which only requires a 20 foot. 00:26:34
Front yard set back and not an arterial collector or local St. 00:26:41
That requires a 60 foot set back. 00:26:45
The Board of Zoning appeal. 00:26:48
Thereby grants the petitioner of variance at the meeting held on the 16th of October, 2024. That completes my ballot. Did you miss 00:26:50
#4? 00:26:54
Number you just went after OK, is there a second I didn't say I'll second? 00:27:00
OK. 00:27:06
I second. 00:27:08
OK, all those in favor signify by saying aye. 00:27:10
All opposed. 00:27:15
It passes. Congratulations. Somebody tell Mister White to come in. 00:27:16
OK, Mr. White, it's all yours, OK? 00:27:48
OK, well. 00:27:54
Continuing on with our meeting. 00:27:56
Is there any other business to come before the board this evening? 00:28:00
Seeing no other business to come before the board, I would entertain a motion to adjourn. I still move second. 00:28:04
Motion a second all those in favor signify by saying aye. All right. Any opposed like son. 00:28:09
Motion passes. We are adjourned. 00:28:14
Usually I have my phone on my side. 00:28:19
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Our honorary pallbearers and I'm surprised Floyd's ankle football, but I don't know what did he start? 00:00:00
OK, then that's how come. OK. 00:00:06
I was wondering what the deal was. 00:00:10
He's really gonna find out. Like 3. 00:00:13
Yeah. 00:00:33
This is. 00:00:38
You know. 00:00:41
What gets me is. 00:00:42
There's two competing. They want to get even with each other, they turn them in. 00:00:45
For what? 00:00:58
Festival. 00:01:05
Similar to similar vision. 00:01:16
Should have been around and they said one shot from 1 area and one from the other. 00:01:26
There should have been somebody on every corner. 00:01:37
It would have been, should have. It's two different things. 00:01:42
Who is Harry Potter? 00:01:46
Looking for my pin, I had it on the shirt. 00:01:48
Sorry. 00:01:53
Good evening everybody. 00:01:57
You're not on. 00:01:59
Good evening, everybody, and welcome to tonight's Floyd County Board of Zoning Appeals meetings, 5:00. 00:02:04
We're gonna go ahead and get our meeting started. We have a small crowd, but I usually like to remind those that are here that 00:02:10
this is the Floyd County Board of Zoning Appeals. And if you thought you were coming to another meeting, it's probably somewhere 00:02:15
else in this building. But if you're here for the BCA, we're glad you're here and we will get started. Let's get the meeting 00:02:20
started with roll call. 00:02:25
Here. 00:02:32
Mr. here. 00:02:35
Here. 00:02:38
Here. 00:02:40
OK. 00:02:42
Just for point of order, before we go any further, I will mention tonight we. 00:02:44
We do not have a full board and we like to normally inform our applicants that when we do not have a full board, the applicant of 00:02:50
course has the option, if they choose, to table their request until we would have a full board. That is your choice and you can 00:02:58
let us know that before we move to that agenda item, but just wanted to let you be aware if you chose to. 00:03:06
Table this item. You're certainly welcome to do that to a time when we would have full board moving on. 00:03:16
The minutes of the prior meeting had been circulated in advance of the meeting. I assume everyone has gotten those and had a 00:03:22
chance to review them. 00:03:26
I would. 00:03:31
Entertain any questions or comments about the minutes. 00:03:33
I move, we approve. 00:03:39
I'll second we have a motion and a second to approve the minutes as presented. 00:03:40
All those in favor signify by saying aye aye. Any opposed like sign the minutes pass. Is there any old business to come before the 00:03:46
board this afternoon? 00:03:50
I don't believe there was any. We just want to double check. OK, we have one item on our agenda this evening. 00:03:55
And that is FC-09-24-43, a request for development standards variance. I know that Mister Unruh is not here and he would have had 00:04:04
to recuse himself. 00:04:10
I will also have to recuse myself because I do business with the applicant and so I am going to turn the gavel over to. 00:04:18
Mr. Height Camper to run the meeting and I'm going to step out while we go through this. 00:04:27
And then we we're done for that. I'll come back in and close to me so. 00:04:32
Thank you. 00:04:38
OK. Mr. Cravey, do you want to give staff report please? Yes. The petitioner here is Win Voters LLC. 00:04:40
The location of the property is off of Unruh Way. 00:04:48
Is a vacant parcel unaddressed at this point? 00:04:53
The request is for a development standards variance for a front yard set back. 00:04:57
Zoning district is residential suburban. 00:05:01
The applicants requesting the development standard variance to allow front yard minimum set back of. 00:05:05
20 feet instead of the 60 feet requirement for the primary single family structure. 00:05:11
The property is located along underway and is not in a platted subdivision. 00:05:17
Underway has an approximately 50 foot right away with the road with being approximately 24 feet of paved. 00:05:23
Surface. 00:05:33
Floyd County Zoning Ordinance Section 4.19 requires the primary front yard set back to be 60 feet for arterial collector and local 00:05:35
roads, but allows 20 feet for subdivision streets. 00:05:42
Adjacent properties are also are as zoned. 00:05:50
Single family homes in the northeast and South along our way. There's an overhead power line and easement directly north to the 00:05:53
property. A grandfather commercial use coal barn is located to the southeast across the street. 00:06:01
There are several grandfathered accessory structures at the corners of Old Vincennes Road and underway that are located closer 00:06:09
than the 60 foot set back. 00:06:13
The property also abuts Old Vincent's Road to the South, but there is a wide wooden ditch that will. 00:06:19
Not be suitable as an access point from that location. 00:06:25
Staff comments The approval would not be interest to the public. Health, safety and more was for general welfare of the community. 00:06:30
The primary structure closer to the front will not create any physical hazards to other properties, obstruct sightlines or confuse 00:06:36
the delivery of emergency services. 00:06:43
The use and value of the area adjacent to the property included in. 00:06:50
Would not be affected in a substantially adverse manner. 00:06:54
Neighboring properties will be a minimum 200 feet away from the proposed structure. 00:06:58
Structures a luxury home, which will increase property values of the parcel and it's expected to have positive impacts on adjacent 00:07:03
properties. Strict application of the terms of the zoning ordinance will not result in practical difficulties in the use of the 00:07:08
property, however. 00:07:13
The home design and location appears to be able to be modified to accommodate the building set back on the property. 00:07:19
There's adequate space for the compliance single family structure to the West of the pond that could be accessed by a drive 00:07:27
between the easement and the pond. 00:07:31
Additionally, the home design could be modified or reoriented. 00:07:36
To meet the standard at the current location. 00:07:39
It is not near an airstrip located. 00:07:44
Regulated under Indiana Code 8.110. 00:07:48
Staff recommendations would be that. 00:07:52
It does not appear that the compliance with the zoning ordinance would result in practical difficulty in the use of the property. 00:07:55
I would request that the applicant provide that justification if they have it. 00:08:00
It is not technically on a subdivision St. It is a local Rd. 00:08:07
However, Underway functionally acts as a subdivision St. 00:08:12
It is a dead end St. and there would be no. 00:08:19
Additional through traffic there. 00:08:21
That is all I have for the staff report. I do want to note that we received some. 00:08:25
Public comments. 00:08:30
Which I provided. 00:08:32
In the link and I will. 00:08:34
Provide Mr. Height Keeper a hard copy here. I know. 00:08:37
Like. 00:08:41
But I'll go through them first. 00:08:43
Actually here's here's the. 00:08:47
Letter from Mississippi Group. 00:08:50
In the letter, she. 00:09:02
Notes that she absolutely had no problem with the location of the proposed new home. They own the property. 00:09:05
Grandfather commercial property across underway and. 00:09:13
Developed the the roadway itself. 00:09:16
When it was just a 10 foot right of way gravel road and they built it to county standards. 00:09:20
So they have no issue with the variance. 00:09:27
Another letter came from Jody Crawhorn and wife Anna. They live at 4410 Old Vincents Rd. 00:09:31
They requested. 00:09:40
They note that the variance will not have a negative effect in the tiny neighborhood in any way. 00:09:42
Will only have beauty and value to this Main St. 00:09:49
And then we have another from Mark and Kathy Johnson. 00:09:54
Noting that the Unruh way, although. 00:09:58
They note that it's considered a major County Road. 00:10:02
It is much more of just a small, short dead end road. 00:10:06
And then they know this is the joining property directly to the north. 00:10:13
Of the requested. 00:10:19
Variance and they have no problem with reducing the front set back. 00:10:21
That's all I have. OK. Are there any questions for Mr. Craving? 00:10:26
So Nick, those 3 letters are the three residents and in that cul-de-sac area, correct? Yeah, one of them is, is directly north. 00:10:31
That was the one I just read. 00:10:40
Crowhorn is at the corner of Underway and Open Sense Rd. 00:10:42
Across the street and then Jeannie Unruh represents the ownership of the commercial barn that's across the street from it. 00:10:47
I think the Schmitz own themselves the property to the northeast, and then we have the Coleman's across the street. We did not 00:10:57
hear from them. 00:11:02
They may be here tonight. 00:11:07
OK. And then another question on the. 00:11:09
On the plat that they showed. 00:11:12
So the. 00:11:15
The 60 foot ride away their 60 foot set back is after the. 00:11:18
Right away, right? Not the pavement. So it would actually appear further from the. 00:11:22
Roadway itself, then 20 feet OK. 00:11:29
OK. Thank you. Any more questions? 00:11:34
If not, would the applicant or whoever's here to speak in favor please come forward, state your name, and sign in? 00:11:37
Tell us what you're going to do. 00:11:47
My name is Kent Whitney. I'm with Whitten Builders. 00:11:49
I live at 3790 Lawrence Bennett Rd. and Floyd jobs. 00:11:52
I'm here on the behalf of. 00:11:56
Jim and Marcia Smith to propose to build a new home on property that they own. 00:11:59
Home will be a beautiful home and a beautiful setting. It will enhance the area and the values of what is already there. Part of 00:12:04
the reason for the set back issue is trying to fit the home in on this piece of property. 00:12:12
In the very back that Nick refers to, that's kind of set up where the septic system will go and also there being a barn that will 00:12:20
eventually be built back there. And then with the setback it if we set it back any farther, the home would end up being too close 00:12:26
to the lake in that aspect. 00:12:32
That this home will meet Rd. frontage, there's ample Rd. frontage for this partial it has over the amount of acreage that's 00:12:40
required by Floyd County. There's some issues that we have to deal with and there's which affects the placement of the home as 00:12:45
well. 00:12:50
We've got a power line utility easement. 00:12:56
There's also a water drainage pipe that comes from Spring Farms that affects the area. 00:12:59
It is a County Road, but it like Nick mentioned, it's more of a subdivision and should have been probably plotted as a subdivision 00:13:06
to begin with, which has 20 foot setbacks for subdivision. 00:13:13
The actual house is going to be started at 22 feet back and then it goes back. It's it's a very large home. 00:13:20
In a beautiful setting, it's just set up very well for this lot to take a view of the lake and have a walk out. 00:13:28
As Nick mentioned, as you pull down this street, to begin with, there's already a couple garages that are well within the 60 feet. 00:13:36
They might even be less than 20 feet from the road and the actual home is going to be setting. If you went from the curb, it's 30 00:13:44
plus feet. 00:13:48
From the curb, so the appearance of it doesn't look like it's encroaching in any way there of the. 00:13:53
The road and any right of ways that would be there. 00:14:00
I think. 00:14:07
Had a quick brief thing, you know, Nick kind of stated everything that that should make this an approval. Again, it's it's not a 00:14:08
it's a dead end St. cul-de-sac that just a little neighborhood subdivision is what it actually is and should have been approved 00:14:15
for which has 20 foot Rd. setbacks. 00:14:21
When I was out there, there was some steak set and there's some red flags. Is that where the buildings going to go? The house, 00:14:29
correct. The front stakes that you will see are flags is like the edge of the garage. This home actually has 22 car garages on it. 00:14:35
And then the wooden sets that you would have seen out there, those are actually where the home where we start to dig the basement. 00:14:42
Those have like a six foot off set for the the wood stakes to do from. 00:14:49
So the stakes is actually the House of limp towards the curb, then I guess towards Rd. 00:14:57
Then is the garage going to be closer to the road than what the mistakes are? Is that what I'm here? It'll be closer than what 00:15:05
that wood stake is. But in front of the wood stake, you'll see a red flag that was out there. That's where it's set at. 22 feet is 00:15:12
where that red flag is. So it's will be up behind the 20 foot that will request. 00:15:18
Garages. And the garage on that side is actually what we call a courtyard garage. So the driveway will be off to the right and 00:15:26
it'll swing into the garage. So in front of that you'll see windows and it'll look like a house at that point. 00:15:33
But the garage sticks out in front of the house, but it's within the. 00:15:41
25th set back. 00:15:45
That explains when I was out there, I was like, Gee, there's plenty of room here when I looked at the stakes and I didn't realize 00:15:47
the flags were showing where it was at. So stakes is actually for the actual basement of the house and then but there's flags in 00:15:54
front of that that protrude out. That's actually the garage sets. OK, Does anyone else have any questions? 00:16:01
OK, is there anyone else to speak in favor? 00:16:13
My name is Jim Schmidt. I'm the actual property owner there that's requesting for the variance. I live at 4416 Underwear just at 00:16:21
the end of the cul-de-sac now. 00:16:26
So first, again, I appreciate all your else time on this matter. 00:16:32
I just wanted to make a quick little note and chat with you guys that when this road got started out there, like the Unruh you 00:16:36
mentioned in that letter that 30 years ago is when I moved out there, there was a 10 foot wide rock road. And we kind of looked at 00:16:42
it and decided that three or four people that lived there decided we wanted a hard paved road. And that's what we decided to get 00:16:48
together with the help of the local contractor. We needed our property ownership over to the county. 00:16:54
To make that into the road that it is today. Certainly that time when I viewed it as everyone has said, being 1000 foot long with 00:17:01
a cult of psychic at the end of death, it come across as a subdivision for all of us. 00:17:06
And Roman, that's what we looked at. 00:17:12
Then to jump ahead to look at, you know how I got to this point with this home when we looked at that property and took over the 00:17:14
ownership of it years ago. 00:17:18
We really felt like there was only a way we could lay this out with what we wanted to do the home out in that front section. 00:17:23
So when we looked at all of it, that was really the only feasible way with the size of everything to angle it in there, to put it 00:18:00
in and make it work. So, you know, we just kind of did that away again. 00:18:06
That's lived out there with us. I think everybody that are now has been at minimum of probably 10 years. 00:18:41
Like I say myself, 30, I know Donna's here tonight, she's been there 35 So all of us are pretty much the original owners out there 00:18:46
have always viewed that as a small, nice little subdivision road. And and like to answer a little more of your questions, I spoke 00:18:52
with Ken on, I'm no surveyor or engineer, but the actual front part of that of the house that comes off that curve is 33 foot 00:18:58
away. So where you saw that state coming back to it, that's 33 foot away. That's the closest point anywhere of that home to the 00:19:04
car. 00:19:10
So is that the one red flag he's stuck in for that steak? It is actually 33 foot. I see the verbiage of 2022 foot. I don't know 00:19:17
how the engineers expect that out off of easement. So I'm just giving the reference off of the curve. It is 33 foot. 00:19:24
The closest point of the house to that clerk, that is the garage course. That is the garage corner. I measured that yesterday, so. 00:19:31
Again, I don't know how the the engineers and the surveyors. 00:19:40
Put all that together, but I saw the 2022 foot a couple times. 00:19:46
I said, well, again, I'm 33 foot back and as as as Ken mentioned, there are some other structures that are 118 foot off of that 00:19:50
roadway now and some other ones are 25 and 40. So you know, proximity there's really no big difference from where I'm at once a 00:19:56
lot closer one just a little farther away than it is 33 foot from that point. 00:20:03
I'm glad you clarified that because like I said when I looked at it it. 00:20:11
Was a whole lot further away than 20 feet yes so it certainly the 22 feet is is from the right of weight line so the 33 feet that 00:20:15
he's referring to is from back occur I understand that yes and that's my life I see the vision right where it's really setting 00:20:23
that and it is sitting 33 foot back which is in the proximity or more than several other structures out there now so. 00:20:30
OK. So at that point, so again that's just. 00:20:39
Appreciate your time. Just want to share those thoughts. OK. Thank you very much. Is there anyone else here speak in favor? 00:20:42
OK, come forward, give us your name and sign in please. 00:20:49
Name and address there. 00:20:58
Yes. 00:21:01
Say your name at Andrew. We're not signed in anymore, are we? OK. 00:21:03
I'm sorry. Well, we used to sign in prior to COVID and I'm feeling in tonight. We used to do that so. 00:21:08
I live at 4462 old Vincennes Rd. 00:21:21
A frontal says. 00:21:26
No ideas and a new way as well. 00:21:29
I've been his neighbor since he was a little tight. 00:21:33
And let me tell you, he has said nothing but enhanced on neighborhood. 00:21:38
I have no doubt. 00:21:43
That that house will cause no problems. 00:21:47
You're the are you the white picket fence house? 00:21:51
I'm the white picket fence. Don't talk about my house. I know it needs work. I didn't say nothing. I didn't mean that. I'm just 00:21:54
clarifying where you live. 00:21:58
Could you have a garage that's relatively what's in that as close to the edge of Andrew White? So OK. 00:22:03
And thank you for your time. OK, thank you. Is there anyone else speak in favor? 00:22:10
Two of them there. 00:22:16
Your name and your address please. 00:22:18
Randall Todd Coleman, 4412 Hundred way. 00:22:20
I have the houses directly across the street from where Jimmy's want to build his house. We have a. 00:22:26
Right at 10 acres on four different parcels of land across. I have no problem with him putting the new structured house there. 00:22:31
It will pants our neighborhood. We're just a little cul-de-sac with four to five house system. 00:22:39
All workout. 00:22:44
OK. Thank you. 00:22:46
There was somebody else. We got a few more minutes here if you want to come. 00:22:47
Thank you. OK, OK. 00:22:51
Is there anyone here to speak against? 00:22:55
OK, hearing none. 00:23:00
Do we? 00:23:03
Nick, you got any comments you want to make or? 00:23:05
And does the applicant want to say anything more here? 00:23:09
Okay. 00:23:16
I think that the applicant has provided some practical difficulties. 00:23:21
With the location of the septic system needing to be. 00:23:27
Towards the rear and. 00:23:31
Kind of down from the pond. 00:23:33
That would provide sufficient justification as a practical difficult. 00:23:35
To justify the variance so staff would be supportive. 00:23:40
OK. Thank you very much. Do you have any questions of the applicant? 00:23:46
And if not, I'm ready for a ballot. Just a second. 00:23:51
Hey, let's, let's quiet down now. We're still in a meeting. 00:24:51
Docket FCO 924-43. Petitioner Whitten Builders. 00:24:57
After California review, the board finds that number one. 00:25:03
Variance will not be interest to the public health, safety, morals and general welfare of the community because locating the 00:25:06
primary structure closer to the front will not create any physical hazards to other properties or obstruct site lines, nor confuse 00:25:12
the delivery of emergency services at this location. 00:25:18
#2 The use and the value of the area adjacent of the property, including the variance, will not be affected in a substantial 00:25:25
adverse manner. 00:25:28
Because neighboring structures will be a minimum of 200 feet away from the proposed structure. The structure is a luxury home 00:25:32
which will increase the property value of of the parcel and is expected to have positive impacts on adjacent property values. 00:25:40
#3 the strict application in terms of the zoning earners will result in practical difficulties in in the use of the property 00:25:48
because the logical place to construct the home is facing underway and 150 foot. 00:25:54
Glad power line easement prevents construction along the north property line. 00:26:01
Locating the residents in the rear of the track will add excessive development costs, primarily to construct an entrance remote 00:26:06
Vincent's Road. 00:26:09
Locating the house near the West Park line, which severely restrict where the owner could construct an outbuilding barn on the 00:26:13
property. Locating the house to the West would make the septic system location a challenge #4 this variance does not involve a 00:26:19
structure that is near an airstrip and regulated under Indiana Code. 00:26:26
In addition, underway is a cul-de-sac, but similar to a subdivision St. which only requires a 20 foot. 00:26:34
Front yard set back and not an arterial collector or local St. 00:26:41
That requires a 60 foot set back. 00:26:45
The Board of Zoning appeal. 00:26:48
Thereby grants the petitioner of variance at the meeting held on the 16th of October, 2024. That completes my ballot. Did you miss 00:26:50
#4? 00:26:54
Number you just went after OK, is there a second I didn't say I'll second? 00:27:00
OK. 00:27:06
I second. 00:27:08
OK, all those in favor signify by saying aye. 00:27:10
All opposed. 00:27:15
It passes. Congratulations. Somebody tell Mister White to come in. 00:27:16
OK, Mr. White, it's all yours, OK? 00:27:48
OK, well. 00:27:54
Continuing on with our meeting. 00:27:56
Is there any other business to come before the board this evening? 00:28:00
Seeing no other business to come before the board, I would entertain a motion to adjourn. I still move second. 00:28:04
Motion a second all those in favor signify by saying aye. All right. Any opposed like son. 00:28:09
Motion passes. We are adjourned. 00:28:14
Usually I have my phone on my side. 00:28:19
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