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Event transcript
Great. Grand Canyon? Yes. What kind do you want? I got blue, but I don't know if that's gonna work well in there. 00:00:00
I think it's black, but it may not be. 00:00:06
Black. 00:00:17
Then he just want me to sign that platform. This I can't see. I don't think this is gonna work on there. You can try it. 00:00:19
I'm gonna tell you what, you won't want me to sign up there. That will. Look. 00:00:27
Thank you, Sir. 00:00:44
Thank you, Sir. 00:00:50
I'm still too low to. 00:00:53
Beats the alternative. 00:00:57
Did you get through the snow OK? 00:01:00
Good evening everybody. According to my clock it is 501. So I'd like to welcome everybody to this evenings Floyd County Board of 00:01:04
Zoning Appeals meeting, January 13th, 2025. This is the first meeting of the year for us. So before we get into our official 00:01:10
agenda, we're going to begin the meeting. Should should we do the roll call on things first and then get into the other? So we'll 00:01:16
begin with roll call. 00:01:23
Mr. Eagle Hauser, Mr. Unruh here. Mr. here. 00:01:29
Here here. 00:01:34
OK. So you get roll call. The minutes of the December meeting have not been sent out yet. There was a delay in getting those 00:01:37
completed and out. So we will dispense with those and approve those at our next meeting. So before we get into our old business, 00:01:43
new business for the evening. 00:01:49
As is customary in the first meeting of the year, we're going to begin by electing officers for the 2025 year. 00:01:56
For the Board of Zoning Appeals and in order to conduct those elections, I'm going to turn over the meeting to the board's 00:02:03
attorney, Christy Fox, and let her handle the elections. And then whoever is re-elected as president or elected as president can 00:02:11
step into that role next. OK perfect. So your first thing will be to elect a chairman slash president of the board to serve for 00:02:18
the year. So if there's a motion for that, I'll make a motion to Bill White to proceed. 00:02:26
Another year, I will second that. OK, there's been a motion in a second. All those in favor signify by saying aye. Any opposed? 00:02:33
OK, Bill, you are Mr. President again. We'll go ahead and do Vice Chair. So the next will be for appointment of the Vice Chairman 00:02:42
slash Vice President for the year. If there's a motion, I'll nominate Victoria Unruh. OK, there's been a motion for Vic Unruh, 00:02:48
second seconded for Vic, all those in favor. 00:02:53
Any opposed? 00:03:01
OK. You have a vice president and a president. All right. OK. 00:03:03
So moving on with our agenda for the evening. 00:03:08
Old business this evening we're going to begin with agenda item number one, which is FC-10-24-44, Administration Appeal. 00:03:11
Nick is going to come forward and fix. 00:03:21
Explain to the board. 00:03:23
This request and give us some clarity on how we need to move forward here. 00:03:25
So, Nick, this is administrative appeal. 00:03:31
For the. 00:03:37
Sporting Club at the farm. They received a notice of violation on September 9th, 2024 for violating a condition of the approval 00:03:38
for their special exception. That violation was for. 00:03:46
Shooting within the prohibited 300 yard. 00:03:56
Boundary. 00:04:00
Adjacent properties. 00:04:02
Appeal for this was received on October 8th. 00:04:05
That was within the time frame required for appeals. 00:04:09
Included evidence. 00:04:15
Included evidence were the complaints that were issued for the violation, the complaint investigation and the original ballots for 00:04:19
which the. 00:04:24
Condition of violations. 00:04:29
As a body for an administrative appeal you are reviewing. 00:04:34
Decision and determining if the appeals should be approved. 00:04:41
That would determine that. 00:04:46
Staff decision was incorrect and the. 00:04:48
Appeal would be upheld. 00:04:54
Because the findings of fact failed to support the decision of staff. 00:04:56
If the appeal shall be denied if the findings of fact are made. 00:05:02
Supporting the administrative decision. So you would be denying the appeal of the. 00:05:08
From the farm stating that the findings of fact are in fact. 00:05:13
And then you could also. 00:05:18
Table consistent with the rules and procedures of the BCA. 00:05:20
The report from 9/9/2024. 00:05:26
Is the evidence that you will be reviewing as well as from the applicant. 00:05:34
As staff, I really don't. 00:05:39
Stand here and defend what I've already done. So it's up to the. 00:05:41
Professionally to do that so if you have any further questions process I can I can help with that. 00:05:47
Or additional details, I can help with that as well. 00:05:53
Well, I don't have that additional argument. I already made it in the notice of violation. 00:05:57
So we treat the the administrative ballots the same as we do in the other ballot, correct? Is that correct? 00:06:02
I have no questions. I don't have any other questions for Nick, sorry. 00:06:10
OK, Nick, thank you. 00:06:17
Is the applicant. 00:06:21
Or representative for the applicant this evening, please come forward and state your name and address for the record. 00:06:23
Bobby Brooks. 00:06:33
My address is 840 Framers Chapel Rd. Gordon, Indiana. 00:06:37
OK, Mr. Brooks, what, what would you like to share with the Board regarding this this appeal? This appeal is for the complaint of. 00:06:44
Shooting in a. 00:06:54
Within the required limited area 300 yards from a neighboring property. 00:06:56
Every shooting law or every shooting stipulation and and. 00:07:06
Thing that's been put in place up to this point was because of the gun, the sound of the guns, the 300 yard restriction was was 00:07:12
everything was based off of. 00:07:17
Shotguns. 00:07:22
And we shot archery. 00:07:24
On on this side of the property. 00:07:27
The whole time we've been open and there's never been. 00:07:30
An issue or anything said was shooting archery. 00:07:33
Everything that we've ever put in place for a restriction was put on that side of the property, 300 yard restriction and decibel. 00:07:36
All that noise, reading and everything was due to the gun shooting. Nothing was ever said about archery. 00:07:47
And our archery course is in a very safe area. 00:07:57
It's it's, it's part of the property that we utilize as a. 00:08:02
The archery course for our members and guests to shoot archery. 00:08:08
There's a. 00:08:13
There, there's no reason. 00:08:14
That we shouldn't be able to use. 00:08:17
This part of our property to shoot archery, I understand the you know what, what you know in the beginning, I understand what the 00:08:19
complaint was, but it was always about guns. And now, now, now they're bringing up archery and and archery is not an issue. It's 00:08:25
not a problem. It's not. 00:08:31
It it, it would be adversely affecting our business to not be able to utilize this area in. 00:08:39
Archery. So that's really all I have. 00:08:44
So this will step in. Marty Schindler, 78454 Leaf Dr. Greenville, IN I'm the course and land manager now at the farm. 00:08:48
So I read through all the previous documents, right? So I came on board in 24 in April of 24. I spent a ton of time looking 00:08:59
through the original approvals from 2019 up until this recent. 00:09:05
Violation archery was never mentioned in any document from this board or Nick Creeby or anyone, and that's kind of where the 00:09:14
appeal brought him. You know, that's why we're asking for an appeal on this, it seems like at this point. 00:09:20
We're kind of just throwing stuff against the wall and see what sticks right. 00:09:28
We're in here more than we want to be and. 00:09:33
The 300 yard boundary was based on, from everything that I read, simply the shotgun shooting. OK, archery was never mentioned. The 00:09:36
word archery is never used and there's actually a stipulation in 2020. So originally in the documents from 20/19 it was stated 00:09:45
outside of the original course, the 24 shooting stations, the property could only be used for farm use. All right. 00:09:53
In 2020, there's an amendment that clearly says that restriction for the rest of the rest of the property was removed. 00:10:03
Which would open that up to anything outside of shotgun shooting because that was specifically stated to be highlighted on the map 00:10:10
for 24 stations. So in 2020, the board actually opened us up to use that property for anything outside of, you know, regular 00:10:17
shotgun shooting sporting plays of Hunter. 00:10:23
That's it. 00:10:31
Question. Yep I got 1. 00:10:33
I've never shot an arrow in my life. 00:10:35
A compound. Compound bows that what they call. Is that what you hunt with? What's the range? What's the maximum that that error 00:10:39
can travel? 00:10:42
The the maximum range on a compound bow. 00:10:50
Would maybe be 200 yards. 00:10:55
Keep in mind that's. 00:11:00
That 200 yards would be if I stand and shoot the arrow in the sky like this, right? Like that's not AI pull it back the direct 00:11:02
shot. 00:11:05
And and on that, on that course and where we have all our archery targets. 00:11:09
There wasn't any targets towards any neighboring property. 00:11:16
And we shoot inside our own property, back on our own property. 00:11:21
In a site with back with safe backdrops and archery is. 00:11:26
Safest areas? 00:11:30
And I mean so whenever the group who set those targets. 00:11:32
I know there was concern about. 00:11:36
Proximity to property, but we vetted everything. 00:11:38
And all shots were 100% directly away from any neighboring property all the way around whichever side you looked at. 00:11:44
Where are are you hunting with those or you're just doing? 00:11:53
Like Scholastic Kids Program, we have an archery program and we have a IBO tournament. 00:11:59
We used to have monthly shoots but we we no longer having those at the time but. 00:12:06
It's shooting phone targets. 00:12:11
So I've got pictures here. 00:12:14
I guess this trail Cam, does it belong to you? 00:12:17
That we're getting these pictures from. 00:12:19
OK, so that trail Cam is fairly close to the property line, is it not? It's yes. And I, I, I hate to even bring this subject up in 00:12:22
public, but there's actually a picture of a guy that's a. 00:12:28
Go in the bathroom. 00:12:36
And. 00:12:38
Excuse me, We'll give you a chance to speak in a moment. 00:12:40
And. 00:12:45
I can tell you this. 00:12:46
We don't want to see in here either, OK? The last thing I want to do is be sitting here spending my night talking to somebody that 00:12:48
doesn't know how to follow the procedures, OK? 00:12:52
And you know, I'm really reluctant even to even go on with this the way that I feel right now. 00:12:58
But if you do what we set forward to you. 00:13:05
Then there would be no reason to come back in here. If you had met every guideline that we set with you. There's no reason to come 00:13:10
back in here. The reason you're back in here is because. 00:13:15
You didn't take the test for the lead the way you were supposed to take the test for the lead. And I can go on. OK, So when I I'm 00:13:20
still talking, Sir. Yeah, but this is about. OK, You won't let me finish talking. 00:13:26
OK. 00:13:34
I know what this is about. 00:13:36
But he made the statement about being back in here when you did, OK? And I'm referring to that statement, OK? You made that 00:13:38
statement publicly and I'm going to respond to that statement, OK? I don't want to be in here anymore than you do. 00:13:44
So this board, how many years ago approved? 00:13:51
You guys to go out there and I love, honey, I love shooting sporting clays. I've got all kinds of guns. So it's really hard for me 00:13:55
to sit here and feel like I'm scolding guys for not doing what they agreed to do, OK? For from my standpoint, do what we agreed 00:14:01
to. Don't come in here. You don't have to come in here. So I got a question for Nick. 00:14:08
Don't let these guys sit down. 00:14:16
Does the restrictions say shooting shotguns or does it say shooting? 00:14:20
Do you do you want to answer that, Nick? 00:14:27
So the conditions, they had no shooting within 300 yards of any property. 00:14:33
Green line or public roadway? 00:14:37
Does not say gun. 00:14:39
What? OK, I have never seen anybody throw an arrow. 00:14:41
OK, I've never seen an error thrown to kill a deer or to do anytime to archery it has to be shot. 00:14:46
That says shooting. 00:14:53
We're done. 00:14:54
It's as clear as it can be. Just don't try to slide or cut the hairs. It's shooting. It's within 300 feet. Stop it. Just abide by 00:14:56
what we we gave you guys, OK? This is new for us, the same as it's new for you guys. I don't like to sit here and scold and have 00:15:02
this attitude, OK? I would love for you to be able to take care of the youth and do the things that you want to do out there, but 00:15:08
do what you agreed to do. 00:15:14
Stop bringing things to our board so we don't have to do this, OK? It's shooting and arrows being shot. You're within 300 yards. 00:15:21
I'm done. That's all I have to say. Any other questions? Yes, on Five Mile Lane, I can see the stations. Which way are those? When 00:15:31
you're at those stations, which way are you shooting? Which direction? north-south, east, West, OK. And that's 73 yards from the 00:15:40
way I read from the line property line. 00:15:48
I think that's what's on your paper. Is that correct? 00:15:58
Maybe so. 00:16:02
OK, the pictures we have, I don't know if you've seen them. I hope you have. How close were they to the property line when people 00:16:03
were there with their uh. 00:16:08
Bones, crossbows, whatever it is. 00:16:14
How close were they to the property line? 00:16:16
Apparently close to the property line. 00:16:20
But the range, all 100% of the range was. 00:16:23
But it was on your property, but you don't know how close they were to the property line. 00:16:29
Yes, Sir. It's still kind of unclear to me where that property line exactly is. And that's something that I'm going to have to. 00:16:34
Mr. Come back out. 00:16:42
Review that line to just to make sure we know where that. 00:16:44
OK. Another question is, I'm not real familiar with archery. When you were approved before, I thought it was shooting. I think we 00:16:48
specified shooting would be a projectile or a bullet explosive, not necessarily a firearm. We were looking at shooting. 00:16:59
About if you were to kill a deer, what's your range approximately? What would be a kill zone for a deer? About how many yards? 00:17:11
OK. That's what we had looked into before and I'd seen that also. So and I did see that the range for an arrow shooting is 00:17:20
anywhere from 2 to 400 yards. So the 300 yards. 00:17:27
Way it sounds would be respectful and the 73 would actually be pushing it. So if you had somebody shoot an arrow. 00:17:35
And they're 73 feet, 73 yards from it. 00:17:44
And if somebody would accidentally goofing off, you know what happens. 00:17:48
Then the neighbor is in a kill zone. 00:17:53
Possibly. So that's something to keep in mind. 00:17:56
Because 73 yards, 200. 00:18:00
Plus feet 200 and 10220 feet. 00:18:02
You know, that's that's getting pretty close to where there is a danger to the neighbors. 00:18:07
So that's something to think about. 00:18:11
And then, like I said, none of our targets ever have. 00:18:15
The neighbor. 00:18:18
Other shooting back on our problem. 00:18:22
Other questions or comments from the board? I've got a couple for Nick. 00:18:24
September 2021. 00:18:28
Minutes. I don't know if you have access to those, but. 00:18:31
Seem to be a lot of discussion around. 00:18:35
Shooting in the. 00:18:39
Archery events and there were some comments on the board. 00:18:41
That they wanted to make it clear that. 00:18:44
Let me sign it again discussing. 00:18:48
Gun shooting. 00:18:51
So I mean, I see a lot of ambiguity in that. 00:18:53
Meeting minutes. 00:18:57
There's some talk about adding the buffer trees against the. 00:19:00
Riley's yard. 00:19:04
Find that. 00:19:07
They're talking about the major events. 00:19:12
Including archery, and I don't think archery is a problem. It's the guns. We need to find shooting events in that those meeting 00:19:16
minutes and then there seem to be a concerted effort in the. 00:19:21
Conditions to add shooting. 00:19:26
To those conditions so. 00:19:30
That's kind of where I stand. I tend to agree that. 00:19:32
Shooting. 00:19:36
Guns, shooting, archery. 00:19:38
It's not been well defined in some of the past minutes, so. 00:19:40
Yeah, I would agree that. 00:19:45
That were considered the original approvals. 00:19:49
Emphasis was on gun shooting. 00:19:54
September 21. 00:19:57
Request they ask for additional event. 00:20:00
Specifically. 00:20:04
Weddings. 00:20:06
We didn't mention archery as well. 00:20:11
Given that there is no. 00:20:15
Specificity. 00:20:17
Otherwise. 00:20:19
To me, shooting is shooting and. 00:20:20
Archery requires different boundary. 00:20:24
Otherwise. 00:20:29
And if I can just chime in briefly with Indiana code 142231.5 dash 3, it defines shooting ranges. 00:20:35
And I mean, again, we already talked about that restriction clearly says shooting. It doesn't say gun shooting. It doesn't say 00:20:43
rifle shooting. It says shooting. Shooting range is defined as a means an area designed and operated for the use of archery 00:20:50
rifles, shotguns, pistols, muskets and similar firearms that are fired at. And it's got a list of places that can be fired at 00:20:56
silhouette, ***** trap, paper silhouette or other similar targets. 00:21:02
So a shooting range, which is what they're operating, is defined to include archery. 00:21:09
So I think you've got either the side where they were never approved to do archery. 00:21:15
And they're saying that they didn't even ask for that, so they were doing it and they shouldn't have been. Or it's a shooting 00:21:20
range which includes archery. 00:21:23
Maybe they can answer this question, but I'm not sure how you I didn't find anything the statute to suggest that you could get a 00:21:28
bow off of an arrow in any manner other than shooting it, and your restriction says shooting. 00:21:33
It doesn't define again a gun shooting. It's very. 00:21:39
General in that it's shooting. So I think if they were wanting to change that to be specific different boundary for archery than 00:21:44
it is for the gun shooting that they should ask for a modification of that condition. 00:21:49
Anything else? No. 00:21:58
OK. Anything else from you gentlemen? 00:22:01
OK. Thank you. 00:22:04
So we've heard staff report, we've heard from the applicant. Is there anyone else here this evening that would like to come 00:22:07
forward and speak in favor of this appeal? 00:22:11
Seeing none, we'll close that section and go to anyone here that would like to come forward and speak in opposition to this 00:22:18
request. 00:22:22
Please come forward, state your name and address for the record, and I hope you're not going to read. 00:22:27
That whole box full of. I will not read that entire box full paper. 00:22:32
Good evening board members. My name is Jonathan Hughes. I've been before you on a couple of occasions. 00:22:37
My address is 111 monument circle. 00:22:41
Sweet 2700 in Indianapolis, IN and I'm an attorney with the law firm of those McKinney Nevins and I represent Paul and Julie Riley 00:22:45
who are here with me this evening. Their address is 39345 Mile Lane. They are the individuals who complained about this. One of 00:22:51
the individuals also complaining was Mr. Andrew Loesch. I do have an additional affidavit for Mr. Loesch that's in this bag, but I 00:22:57
can I can present to you you'll find. 00:23:03
Miss, referencing Mr. Unruh's comments back in August, we were before you. 00:23:10
Reference a number of issues we have with the range. This board made a decision that we're very grateful for finding that the 00:23:15
expansion shouldn't have happened that same weekend right after we had that hearing is the archery event that you see photos of. 00:23:21
So within just a few days of this board saying follow the rules. This is the problem that we've had and our experience with with 00:23:26
with our neighbors and my client's experience with their neighbors is that following rules is is just not something that they've 00:23:32
done. 00:23:38
Not only have we been before you on a couple of occasions, but. 00:23:44
This matter itself was. 00:23:47
This matter itself, as you know, was continued on two separate occasions. 00:23:50
Which borders the range. Mr. Loesch has an updated affidavit that I can pass out to you here in just a moment that shows he's 00:24:24
found two more arrows in that yard in that on that property just in December. So to say that the arrows are staying on the 00:24:30
property is just not true. I agree with you. Shooting means shooting. I agree with Miss Fox. That's what the Indiana State law 00:24:36
says. Shooting means shooting. Mr. Whalen on your comment about the 2020. 00:24:43
21 meeting, I would just note that there was one condition about events and that event the sports specifically said gun shooting 00:24:49
events. And so I read that to me the board knows when it wants to say gun shooting puts gun in front of the word when it doesn't 00:24:54
it just means shooting. 00:24:59
Ask you revoke the permit, at the very least uphold Mr. Creeby's decision and deny this appeal. Just to go over the letter that 00:25:33
you were all referencing, which is really what's in this box. It sounds like you already have. I just point out a couple of things 00:25:41
to you. Pages 8 to 47 are going to be pictures that show various operations going on, people coming and going at the shooting 00:25:48
station. Looks like they're looking to try to find where this trail Cam is, but starting at page 48, if you go to page 48 to 55. 00:25:56
And then 57 to 85 you'll see folks shooting at this very station. On page 56 you'll see the answer to agree to ask the question 00:26:04
about how far it was my clients measurement using a tape measure standing on his property and reaching across to see how far it 00:26:10
was to that cone that was placed there. The metal post you see in those photos and in that particular picture at page 56 is 00:26:16
roughly 55 inches. 00:26:21
From the cone and that post is my client tells me the edge of their property. So we're within 55 inches of my client's property. 00:26:28
The individual Mr. Andrew spoke about I also don't want to talk about and I did blur his face and images for you. An individual 00:26:35
taking a leak on someones property is the reason that we don't want them that close to our property Michael. 00:26:42
Client would just like to enjoy their property that's on page. 00:26:49
That is on page three of your letter. On page 4 of that letter that I submitted, you'll see what that individual is looking at, 00:26:54
which is my client's house. 00:26:57
I with you, Mr. Unruh, I don't want to keep coming back here for the Annapolis. So I just pray that they would pray. My prayer for 00:27:32
relief would be that they they would respect the rules of this board and that we wouldn't have to be back here again. But I'm not 00:27:37
for sure there's any way to do that other than to tell them to stop doing what they're doing. 00:27:42
Mr. Ali, do you want to say anything to the Board? I would like to speak. 00:27:48
If you will, Mr. Reilly, state your name and address for the record. 00:27:53
Paul rally at live at 3934 Five Mile Lane and Mr. Brooks stated that you know, the youth shooting, there were over 1600 registered 00:27:56
shooters at that shoot. That field was full and it was a three day shoot. Almost every one of these shooters, adults walked. 00:28:05
Behind my house on this path that they created. 00:28:15
For basically we feel like to be harassed. 00:28:19
And I just want you all to know that you can shoot a bowl over 300 yards. 00:28:23
Easy. 00:28:30
Just because a lot of people don't draw all back correctly. 00:28:32
You know here if you're drawing back aiming up an error, that that arrow has a lot more time to travel before it hits the green. 00:28:35
And we felt uncomfortable for three days and they harassed us with this shooting for three days. 00:28:41
And it went on and on. 00:28:48
And it's ridiculous how we've been treated down there. I brought up there artery targets in the past that wasn't there in 2019. 00:28:50
They moved it over there around 2020. 00:28:55
And those targets he's talking about which way they're facing, they're not facing north, they're facing West. 00:29:01
And when they would have their club shoots, they would bring 3D targets in and face them directly towards my property. We never 00:29:08
felt comfortable when we we couldn't even walk over there during their club shoots. Their 3D3D targets were facing my property 00:29:13
plan. 00:29:18
I mean, they were shooting at. 00:29:25
And even during this sheet that they had with the. 00:29:27
1600 shooters. They had their youth shooters shooting parallel to my fence that we walk around. My wife walks around that field 00:29:30
almost every day when the weather and she couldn't even walk over there. Damn the fence world with six kids standing shooting 00:29:37
parallel to the fence at 3D targets with arrows flying directly through. 00:29:44
So I mean, I mean, why would anybody want to treat a neighbor like that? 00:29:52
We're tired of it. We're just sick of it. And we won't be treated right. We won't be left alone. 00:29:56
We want to quit coming in here all the time. 00:30:01
Thank you. 00:30:03
Thank you, Mr. Raleigh. 00:30:04
Mr. Hughes. 00:30:06
They go to Nick 1st to make sure they're in proper order. 00:30:10
Well, while Mr. Hughes is handing that out, does the board have any questions for Mr. Hughes and Mr. Riley? 00:30:13
Nelson. 00:30:21
OK. Anything else for shoes? Just thank you very much for your time. Appreciate all the work the sports put on this project. Know 00:30:23
it's unique, but we do appreciate you think. 00:30:27
Thank you. 00:30:31
OK. We've heard now from the staff, from the applicant, from those four and against. We will invite the applicant back if you'd 00:30:33
like to respond to any of these. I'm sorry. 00:30:39
I got carried away because I know we went overtime limit. 00:30:46
Is there anyone else that that's here this evening would like to speak in opposition? My apologies. 00:30:50
Please come forward, state your name and address for the record man. We'll get you next. 00:30:55
My name is Andrew Lush, I live at 4155 My Lane. 00:31:04
My mother-in-law lives at 4166 Five Mile Lane. 00:31:08
And that's the property that the arrows. 00:31:13
I have found from Mr. Brooks. 00:31:18
Shooting and. 00:31:21
My question is. 00:31:24
You know, we got 4 Wheelers back. There we come, we enjoy. 00:31:26
We enjoy our land and what's aggravating to me is I'm supposed to give up. 00:31:30
My time back there because they're having an archery shoot. 00:31:37
That they're supposed to be 300 yards away. 00:31:41
If they just follow the rules that they agreed to beginning of all this, we wouldn't be here. 00:31:44
So I'm sure there's more arrows back there. I don't go back there looking for them. 00:31:50
I do. I'm back there cutting wood and just have stumbled across them, so it's not like I'm back there. 00:31:54
Trying to find evidence, but. 00:32:01
You know, I found and truthfully, the arrows I found this last time probably. 00:32:04
I would say 50 yards. 00:32:09
On our property. 00:32:12
So that's. 00:32:13
I don't know where the target was at. I did see the guy that was back there putting the targets up. 00:32:16
And I know they were shooting. 00:32:21
They were standing right on our property line as well as Mr. Riley's. 00:32:23
At another location. 00:32:28
But you know, we haven't got kids. I don't know who's liable if who's liable if they get shot by an arrow back there, You know, so 00:32:30
and it's not, it's during the time of the year where we're you don't have to wear blaze warnings or anything like that. I mean, we 00:32:36
can be back there in camouflage and no one sees. So but if you're 300 yards away. 00:32:42
More than likely it's going to hit a tree or something like that before it hits our property line. 00:32:49
So I don't want to be in here anymore either, but it seems like. 00:32:53
The rules that they agreed to, they are not following. 00:32:58
And it's very aggravating for all the members. 00:33:02
Thank you. Thank you, Neil. 00:33:05
Is there anyone else here this evening like to speak in opposition? 00:33:08
OK. Now we will close that section and Mr. Brooks, if you'd like to come back up and. 00:33:15
Respond to any of the. 00:33:20
Comments have been made, you're welcome to do so. 00:33:22
Well, the first the. 00:33:28
The highest thing we hold in regard to our club is safety. Safety is paramount. 00:33:31
In every level, safety is paramount in every event. 00:33:36
It was never, I mean. 00:33:42
It was never. 00:33:44
Ever in in. 00:33:46
In my intentions. 00:33:49
To ever have a bad neighboring issue ever coming into this business, I felt like this was a very positive impact on the on the 00:33:51
county and our community and on our neighbors. 00:33:58
I wanted to cultivate those relationships. 00:34:06
Inviting our neighbors to participate and be a part of this. 00:34:10
And it's still my goal to to have good neighbors and it's still my goal to have a positive impact on our county community. And 00:34:15
when we host events like this, the archery event in that that they're referring to that brought over $2,000,000 of revenue to our 00:34:22
county in, in those three days, OK, with the, with the tourism dollars, OK. So they're talking about raising taxes or raising 00:34:29
funds and raising taxes in Floyd County. And, and when we when we host these. 00:34:36
To convince all of our events have a. 00:34:44
Huge positive impact and financial impact on our county revenue dollars and tourism. So it's with every intention of mine. 00:34:48
To have a positive impact on the county and neighbors and be a good neighbor and. 00:34:57
Like I want to repeat that safety is paramount on every level. 00:35:05
Every level. So with that being said. 00:35:09
Although all those events are vetted. 00:35:15
How those how those arrows got if they were our arrows, If they weren't, we find things on our property as well. We find shotgun 00:35:19
shells, we find arrows, we find things from the past because that's always been a hunting property. 00:35:26
Just this year. 00:35:34
Two tree stands and trail cameras, often off our neighboring property. There they were having tree stands on our property. 00:35:35
They had trail cameras on our property. They were deer hunting on our side of the property. OK, but when they talk about how close 00:35:45
we are to their property. 00:35:50
OK. 00:35:56
Maybe we were that close, but we were. 00:35:57
Wholeheartedly under the impression that that 300 yard restriction was solely on the use of guns. 00:36:01
OK. Never ever was it discussed that archery was fell within that. OK, so that that was not discussed and that was not us not 00:36:07
following any rules. 00:36:12
I mean, with all that being said. 00:36:19
We we were close, but that's still our property. 00:36:23
So that's like. 00:36:28
You be anybody being on their own property and your neighbor saying that's far enough, don't come any closer to my property. 00:36:30
Well, from here to that door still my property. 00:36:37
And we are the only club in America and I've traveled. 00:36:40
And extensively and shot all over the country. 00:36:46
There's not another club with this type of restriction, OK, There's not another club with this type of restriction holding a club 00:36:50
to the regards of of of not shooting that close to the property line. 00:36:57
It just has a. 00:37:04
It's it's unheard. 00:37:06
But we're going along with it. We haven't shot guns. So we're we're, we're, we're respecting that, but it's never an issue. So it 00:37:08
wasn't intentionally that we were shooting archery and saying, well, we're just going to do this because it's not the case. Like I 00:37:14
said, everything we do. 00:37:20
We truly. 00:37:28
Safety at the forefront and we truly want to make a positive impact on on the what we do in our county with our people and 00:37:30
including our neighbors, everyone of our neighbors, OK, We want to be good neighbors. Thank you. I got a question please. Number 00:37:36
one, I want to thank you for what you bring into the county. And I think the reason that we approved this to start with was that 00:37:43
it was a good project for kids and a good use of the land. 00:37:50
And so I want to start with that Secondly. 00:37:57
You're saying safety is up most the importance? 00:38:01
Let's say that you don't. You didn't have to abide by a 300 foot for archery. Do you think shooting on the property line is safe? 00:38:05
Would you have some kind of buffer that you would instill on your own for safety, not be on the property person's property? What 00:38:10
would you think is safe? 00:38:15
Well. 00:38:23
If you're, if you're hunting your own property, I'm asking you on this particular property where you got hundreds of people to 00:38:25
shooting you said safeties. The number one important thing. 00:38:29
What's safe in Europe? I mean, we are shooting back on our own property. I understand it, but I'm asking how much buffer? How much 00:38:34
buffer? I would say 100 feet, OK. 00:38:40
OK, Thank you. I mean even. 00:38:45
Before you step away, Mr. Brooks, there any other questions for Mr. Brooks while he's here? Can you take us through the the 00:38:50
procedures? Was there someone with the event with each group or that on their own? What was the? 00:38:54
It was put on by an organization called Total Archery Challenge and they travel around the country and several states. 00:39:01
Hosting the same event at different clubs all over the United States. 00:39:08
And it's growing every year. They're hosting more events every year. 00:39:13
And with that being said, that they they control, they came in and just. 00:39:17
Put on their own shoe so it was on our property. It's great for the community and it's a it's a professional run event. So so did 00:39:25
they set the targets? 00:39:30
And each group did each group have a representative from that organizational that stays with each range. And they, they, they, 00:39:36
they put up five range and it's called extreme total archery challenges and extreme archery event to where they walk. They want 00:39:43
every course to be a challenging hike as they don't shoot these targets. So it's a hike and they, they want that trail to, to 00:39:49
close to a mile. 00:39:56
That's why it's taken up so much space to. 00:40:03
Put up five ranges. 00:40:08
OK. Thank you. 00:40:11
Do they walk to each range or do y'all take them with your? No Sir, everybody's on foot. 00:40:14
And they supposedly have a trail to stay away from the property lines. 00:40:20
Directional signs and and they go from target to target, either shooting 20 to 25 targets per range in that mile loop. 00:40:26
But as far as that goes, the. 00:40:36
Line property line. There's no marking really there. 00:40:38
In in this case where where the pictures were taken like I said. 00:40:42
I'm not sure where that boundary is. I was. I was not. 00:40:47
Aware that Mister Riley's property came up into the woods as far as it did. If that's the case, and I've already reached out to 00:40:52
Dave Ruckman who did the survey, and he's going to come back out and and re establish that line for me. 00:40:59
Other questions? 00:41:10
Any other questions from the board? 00:41:13
Mr. Brooks, I mean, we've already closed the public comment section. I'm sorry. 00:41:15
Mr. Mr. Ma'am, if you keep speaking, we're gonna have you removed. 00:41:21
So. 00:41:26
Thank you, Mr. Brooks. 00:41:29
Folks, I'm sorry, but we have other items on our agenda this evening and we've expanded our time to let everyone be heard and and 00:41:32
we've heard. 00:41:36
From those for those against and we we just have to keep moving with this. 00:41:41
Anything else from the board? 00:41:48
Before we move to vote on this item. 00:41:51
Do we have a ballot? We do. 00:41:55
And Christy, once again, I've not done. 00:41:59
Have not filled one of these out very often. You want me to read the whole paragraph at the top? 00:42:02
Should I read that? You do not have to read the entire paragraph, just your findings of fact and the appeal. The decision is the 00:42:08
decision that was made by the plan director. OK, OK. 00:42:13
All right, so this is Docket FC. 00:42:21
10-24-44 Petitioners named supporting clubs at the farm. 00:42:24
Finding the facts. The appeal. The appeal of the decision issued by the Board of Zoning Appeals. 00:42:29
Corrected the appeal of decision issued by Plan Director Nick Creevy. 00:42:43
Dated of appeal decision on the 9th of September, 2024. 00:42:51
The appeal was timely filled. 00:42:57
Filed within 30 days of the appealed of the appeal. 00:43:01
Decision. 00:43:06
Evidence reviewed. 00:43:08
Special exception ballot from 10th of June. 00:43:10
2019. 00:43:14
10th of March 2020 and 15th of September 2021. Photos dated August 18th from the Mr. rallies Mr. Paul Riley. 00:43:17
The evidence does. 00:43:29
Support the appeal decision. 00:43:33
The board of. 00:43:38
OK. Yeah. The only other thing is other evidence you reviewed would be testimony of staff. 00:43:41
Statute. Indiana Code. 00:43:47
OK, so you want me to put that word? 00:43:51
Just put Indiana statute is fine or Indiana code under special exception with the same evidence review, evidence review, What do 00:43:53
you want me to put there? Indiana Code? 00:43:58
OK, staff testimony. 00:44:05
Or recommendation to everyone to phrase up. 00:44:09
OK. 00:44:13
Staff recommendations. That's it. 00:44:14
All righty. 00:44:18
Good. 00:44:20
All right. The evidence does support the appealed decision. 00:44:21
The Board of Zoning appeal here buys. 00:44:27
Denies the petitioners. 00:44:31
Administrative appeal at the meeting held on the 13th day of January 2025. 00:44:33
That is my ballot. 00:44:40
We have a ballot. 00:44:41
Do we have a second? 00:44:43
We have a ballot with no second. 00:44:55
He's looking. 00:44:59
I'll second it. 00:45:06
OK, we have a ballot and we have a second. 00:45:08
Any other questions or comments? 00:45:11
Mr. Whalen, looks like you're looking something up. 00:45:14
I'm just going to look at the. 00:45:17
The actions. 00:45:19
I'm good. 00:45:45
So no other questions or comments from the work, no. 00:45:47
OK, then we'll move to vote. All those in favor signify by saying aye aye. Any opposed like sign. 00:45:50
That request was hereby denied or the appeal was denied by the Board. 00:45:56
OK, moving on with our agenda this evening. The next item on our agenda is agenda item number 2, which is another old business 00:46:04
item FC11-24-46. 00:46:08
This is. 00:46:14
A special exception, special use exception and I believe. 00:46:17
Nick is going to come forward in a moment. 00:46:22
And give the board an update. 00:46:25
So this is for Aqua Indiana. 00:46:51
I believe this item is tabled at the last meeting. 00:46:54
For some additional questions, Don presented the staff reports. I won't. 00:46:59
Do that again. They did provide a letter addressing some of those. 00:47:05
Items of concern which was provided to the Board. 00:47:10
I believe they haven't happened. 00:47:15
Representatives here that could. 00:47:18
Going to it further, it looks like they might be the only folks of the year, so perhaps the concerns from the public were not as 00:47:20
great as previously thought. 00:47:25
I will be able to address 1 of the issues regarding the floodplain. 00:47:31
During building permitting, we review those for floodplain compliance and we believe that that is probably the. 00:47:35
The fringe area, which would require a local floodplain permit and. 00:47:43
Verification that any building would be flood proof or elevated above the base cloud elevation. 00:47:48
Do you have any questions for me? Any other questions for Nick? 00:48:00
I was not here last month to hear the actual presentation so. 00:48:05
You left me hanging. 00:48:13
Did a fine job. I will also know in the in the document that they prepared that the. 00:48:16
Applicant prepared. They did move this structure closer to the existing barn, enclosed it in offense. 00:48:22
Agreed to put some screening in that fence. Black vinyl. 00:48:30
In the chain lead 7 foot chain lead fence. 00:48:36
Additional vegetation screening. 00:48:40
So it looks like they've made some. 00:48:42
Some adjustments based on the concerns. Do you have a drawing for that or is it just, it's in his letter? It's it's, it's just 00:48:45
verbal. Oh, I got you. OK, thanks. 00:48:50
So so I just have a clarification for. 00:48:56
Christie, since this did come before the Board last month, did we get through the whole presentation last month and we just tabled 00:48:58
the? 00:49:02
I think we did. I think we got to the end and there were some questions by the board and it was tabled so that they could have 00:49:07
time to answer those questions. OK. So, so my understanding then is we don't have to go back through the whole process. I think 00:49:13
we've run into this before, Nick. We don't have anybody here. I think it's fine to go through the process. I don't think it might 00:49:19
take too long here. I would just go through the process. I think we've run into this a time or two before and I think because 00:49:25
there were some changes. 00:49:31
To their original application, I would recommend just going through the process versus just simply having some questions answered 00:49:37
because they did make some revisions. Sure. OK. I just wanted to clarify before we move forward, of course. OK, Thank you, Nick. 00:49:43
So, so we've heard from staff, I assume that the three folks left in our audience beside those associated with us. 00:49:49
Represent the applicant. So if one or more of you would like to come forward, state your name and address for the record please. 00:49:56
We'd like you to give us an update. 00:50:03
Thank you, Scott Cycle, Midwestern engineers. 00:50:08
6809 Corporate Dr. Indianapolis, IN. 00:50:12
46278. 00:50:16
As stated in the December meeting. 00:50:19
This property is a. 00:50:24
Non conforming use to the zoning. 00:50:26
And it has been non conforming since the. 00:50:30
Induction of the zoning ordinance. 00:50:34
It's a wastewater treatment plant that serves the. 00:50:37
Neighborhood directly adjacent. 00:50:40
The questions asked at the December meeting were regarding staffing levels. 00:50:44
The location of the building itself. Original depiction of their exhibit of the building had it a certain distance away from the 00:50:52
existing building. 00:50:57
And then also. 00:51:03
The. 00:51:07
Floor elevation was questioned at that time. 00:51:08
In response to those, the staffing levels is not meant to be a permanently used building. Essentially, it'd be kind of a. 00:51:12
Location where staff that is attending to several wastewater plants within the area has an opportunity to to manage report 00:51:24
writing, store their office supplies, those kinds of things at that building. 00:51:31
We did slide that building back closer to the existing facility from what we had shown previously. So it's approximately the new, 00:51:39
the new version is probably I'm going to say within about 10 feet of the existing building. 00:51:47
Versus the. 00:51:55
Roughly 40 to 50 feet at once before and then the elevation of the floor is not determined. 00:51:57
At this time, that's something that we will address during this time. 00:52:04
So that kind of covers those questions and I. 00:52:09
Is there any other questions you want me to cover or the 40 foot that's showing on this? 00:52:12
Is down to what I mean. Do you want to see this? Well, maybe I'm wrong. I'm on the wrong. Yes, it's got right there. That's right 00:52:17
there. 00:52:21
Here's a copy of the. Oh, OK, well, OK, gotcha. 00:52:27
Gotcha, gotcha. 00:52:32
All right. Can I have this? Yeah, it's mine. 00:52:33
Thank you. All right, that answers that. All right. Were you Speaking of the 40 feet between the? Yeah, yeah, I still had the. I 00:52:38
still had the, I had the older. 00:52:43
Just so I'm clear, what 40 feet? Because they're yeah, we do show another 41 feet from. 00:52:48
Property line to the South as well. 00:52:54
So I just wanted to make sure we were just talking about the same 40 feet. 00:52:57
Any additional parking areas for this? Are they going to utilize what's already there? 00:53:03
I'm sorry, any additional parking area is going to be constructed. Are they going to use what's? 00:53:07
The intent is to use what's there. 00:53:12
Since we are not a, it's not a permanently used building. 00:53:14
And I think to follow up on one of your questions from previously about sliding that building to the South of the existing 00:53:20
building. 00:53:23
One of the issues with that is it would lock the drive, which would cause problems for maintenance equipment to get to. 00:53:26
The wastewater facility, OK. 00:53:33
But obviously the elevation of the floor is going to be high enough to where that we're not. You're not going to deal with flood, 00:53:36
right? That is the intent, yes, but that elevation has not been. 00:53:40
Right, but you said intent. Can we? Is it clear to say that you will set it above a flood? 00:53:45
All right, 10-4 and then. 00:53:53
I guess maybe this is an old drawing too. This says bank pack is getting got a floor plan. It says bank pack. It's got a bedroom, 00:53:57
master bedroom, 2 dining room. I don't even know what I'm looking at. 00:54:02
The layout of the building, but I think that's just. 00:54:12
Yeah, so the building is intended to be a modular prefabrication. 00:54:15
Building and that is kind of their stock drawing. However, there will be modifications to that. So there's not a bedroom, it would 00:54:19
be an office. Those are offices. 00:54:23
OK. And what is the exterior? What will the exterior be made out of? I'm sorry. 00:54:30
I thought there was another question. The exterior would be as conforming to the zoning ordinance for the residential. 00:54:36
Area as possible, meaning if the surrounding neighborhood has. 00:54:44
Citing the intent is to blend that with the neighborhood and then use the vegetated screening and the fencing to try to hide it. I 00:54:49
think some demonstration from the last meeting was. 00:54:55
You enter the neighborhood and you see a wastewater plant. 00:55:02
Aqua has stated that they are aware of that and want to try to screen that that facility as best as possible. 00:55:05
So this. 00:55:15
Modular office will be within the fence, yes, yeah, the fence will be expanded to the building will be inside the fence and that 00:55:17
fence is a what type of fence? 00:55:22
Proposed to be a chain link fence with black. 00:55:28
Final sliding, OK, slats in it, yes, OK. 00:55:31
Yes, OK. 00:55:34
OK. 00:55:39
Do you think that the staff will be parking inside the gate? Yes, OK. 00:55:45
Just one FYI information we we're after this been a month or so ago, there was a lot of trash. I should call it trash barrels, 00:55:52
either use barrels or whatever that was against the fence and it was very visual is visible from from the road. So if they're 00:55:59
going to be obviously parking there, they're going to leave the gate open. I'm sure to go to and from It'd be nice to keep that 00:56:06
area cleaned up and and just have staff not have any. I mean, I, it, it happens. 00:56:13
You know, I mean, you just. But it'd be nice if we could do that, yeah. 00:56:21
I'm done. 00:56:26
Other comments. 00:56:28
Anything else? 00:56:31
No, Sir. 00:56:32
If you will state your name and address, my name is Jim Shields and State Engineer for Aqua Indiana. Our address is 5750 Castle 00:56:36
Creek Parkway N Drive, Suite 313, Indianapolis, IN 46250. 00:56:44
I had a pull my business card up. This is a long. 00:56:53
Just wanted to give up. Thanks. Thank the board for considering this. This facility has been here since the early 70s and has been 00:56:56
expanded in the past. In early 2000s, Aqua retained this facility in early 2000s. Throughout the year since Aqua has been working 00:57:05
out of this facility, we have leased multiple different locations in and around Floyd County Fund. 00:57:14
Our operations basically it's a place to sit down, write their notes. You you are DMRS submitted to the state. We just need a home 00:57:23
base to put our intent has to follow the rules of this. 00:57:29
And it comes back into talking with Nick in the past, what do we need to do? And this was the proper way to go about adding 00:57:35
something else to this, to this site, understanding some of the concerns about the fencing things. Nothing's been done with that 00:57:43
fence since it was originally constructed. Recognizing, yes, it's at the front entrance to a facility. We can do a little bit 00:57:50
better on undressing this up, but our intent is not to have something that looked industrial, something out of character for. 00:57:58
Facilities. So that was the whole reason for coming in. So we were doing this the correct way. 00:58:05
Thank you very much. Thank you. 00:58:10
Jake, I have a follow up with you possibly if you could help me. 00:58:14
Larry and I went on out on this project together and he kind of he's out of town. He kind of expressed some of his issues. I. 00:58:20
Do you feel that the the the fence with the slats in them would take care of having to have any additional vegetation screening 00:58:27
or? 00:58:33
In your opinion, you're good with that? Yeah, OK. 00:58:39
OK. That would be sufficient with our. 00:58:42
OK. All right. I'm just, this is kind of some things that Larry, Larry and I talked about, he was concerned about. 00:58:46
And they did commit to adding some vegetative screen. 00:58:52
As well as the fans. 00:58:55
It is already screened by the existing trees right most of decision. 00:58:59
So I'm just from staff perspective the proposed. 00:59:04
The plan that they presented will likely enhance the site and make it look better than an existing. 00:59:10
So that's. 00:59:19
So do I need to state in the conditions they they've agreed to do that fence and they've used that they've agreed to do I would 00:59:21
just. 00:59:25
Reference their letter dated January 8th, 2025. 00:59:30
OK, wait a minute. 00:59:35
David what? 00:59:41
January 8th, 2025. 00:59:43
Anyways. 00:59:48
All right. And then, then if the exterior. 00:59:53
Proposed structure should be aesthetically appropriate for the residential subdivision neighborhood, and that's. 01:00:00
They've agreed to to go along with whatever our. 01:00:07
Our our regulations are, is that correct? 01:00:10
We would have no restriction on building material for that, None, OK. 01:00:13
So I guess. 01:00:20
Yes, I would question. 01:00:22
For commercial structures, we do have. 01:00:25
Maximum. 01:00:28
Of vinyl. 01:00:30
For residential, we do not have. 01:00:32
Restrictions on building. 01:00:35
And this, this is coming to the residential guideline or commercial guideline. 01:00:36
It's a special exception, so it doesn't come under the guideline. 01:00:40
Existing zoning is residential, so unless otherwise stated it would be the resident. 01:00:45
So unless otherwise state as in they place the condition that they need to follow the commercial parameters for the exterior of 01:00:53
the building, which would be commercial no more than 20% maximum. 01:00:58
Final allowance for commercial structures. So the other part which could be wood. 01:01:06
Could be wood. 01:01:12
Different kind of. 01:01:15
Materials, facades, OK. 01:01:17
Problem is that as high as it's probably built, that's going to be what's seen over the sense, so adding that in. 01:01:19
I'm just wondering how much does it just go wood? I mean, I know they make those, they they make them where you can just put wood 01:01:27
siding instead of vinyl siding. I mean, the problem I got with vinyl siding is, I mean, we've approved a subdivision. I got to 01:01:34
mention it and I've been by it and the houses have been built less than two months. And the, the siding looks like, I mean, it's 01:01:41
WAVY. It's, it's warped the whole 9 yards. And I just, it's not good. It's just didn't look good. So I wonder if. 01:01:48
To say hard side. 01:01:56
Hardy board. Party board. Metal. Yeah, something hard. It's hard sided, maybe. 01:01:59
I'm just, I'm talking through it. I mean, just, I mean, in this particular case, though, is the public going to see it? 01:02:05
Yeah, I think so. And they're going to, I think they're going to see that over the top. 01:02:12
I mean, it's going to be visible. 01:02:18
So. 01:02:20
You know every time I read about that service. 01:02:23
I have a hard time facing myself, you know? I mean, it's like, I wish I'd done something different, so. 01:02:26
I mean, I'm trying to, I'm asking before I do the ballot. It's just if you if you guys have some, some input on that before I I go 01:02:32
any further. So. 01:02:36
First, let them put whatever they want to put on it. I don't have problem. 01:02:41
OK, All right, 10/4. 01:02:46
All right, all right. 01:02:50
All right. Thank you, Nick. 01:02:54
Thank you folks. So we have heard from the applicant. 01:02:56
I still have to ask the question, since we're going through the agenda. Is there anyone else here this evening that would like to 01:03:00
speak in favor? 01:03:02
Of this request. 01:03:06
OK, I see your head. 01:03:08
Is there anyone here this evening that would like to speak in opposition to this request? 01:03:10
Seeing none. 01:03:16
And given the conversation we just had, is there anything else you guys would like to add to the discussion about the exterior, 01:03:18
that interior? OK, Then we will close this section, the public comment section of our meeting, and we will move to a ballot. Do we 01:03:24
have a ballot? Yes, we do. OK. 01:03:29
All righty, this is docket FC11-2446, positioner named Aqua. 01:03:36
Indiana. 01:03:44
After Kerfoot review, the Board finds that the special exception will not be endorsed to the public health, safety, morals and 01:03:45
general welfare of the community because the project will facilitate the operation of the utility. The structure will be built in 01:03:52
a pivotal building code and not create any physical hazard to the nearby properties. The use and value of the area #2 The use and 01:04:00
value of the area adjacent to property subject to special exemption will not be affected in a substantial adverse manner. 01:04:07
Because the proposed site is located location of a wastewater treatment plant with utility structures, additional an addition of a 01:04:16
small office building will not significantly alter the use of the property. 01:04:22
The knee #3 The need for the special exception does arise from some condition particular to the property involved because the use 01:04:30
is a legal non performing use since it was constructed before current zoning restriction applied #4 The strict application of the 01:04:37
terms of the Floyd County zoning arts will result in unnecessary hardship. The use of the property because the expansion of the 01:04:44
legal non conforming use requires a special exception approval. 01:04:51
#5 the approval of the special exception will not. 01:05:00
Contradict the goals and objective of the Foley County Comprehensive Plan because the approval will support the operation of 01:05:03
utility providing infrastructure to the community. 01:05:07
The board of Sonia. 01:05:14
Appeals Hereby grants the positioners special exception. 01:05:16
Meeting held on the 13th day of January 2023, 2020 20/25/20. 01:05:21
I went backwards January 2025. 01:05:29
The approval of the Board is subject to the. 01:05:35
Completion of the following conditions. 01:05:37
All right, the exterior of the proposed structure shall be aesthetically appropriate for the residential subdivision. Residential 01:05:41
neighborhood. 01:05:45
Letter dated and and she'll they the applicant should. 01:05:49
Adhere to the letter dated that they sent on one 8/20/25. 01:05:53
That's my ballot. 01:06:00
OK, we have a ballot. Do we have a second? 01:06:02
I'll second. 01:06:04
OK, we have a a ballad and a second. Any other discussion or comment on the ballot is proposed. 01:06:05
Seeing none all those in favor signify by saying aye. Any opposed like sign motion passes. 01:06:12
Thank you gentlemen, for your patience this evening and coming back again. 01:06:18
OK, moving on with our agenda this evening. 01:06:24
We have will move from old business into new business and I think. 01:06:29
Oh, I'm sorry, can we address? We do need your address. Another thing on the old business. 01:06:34
Items 345 and six, That's FC 112449112450112451. 01:06:39
Two were tabled from last meeting. 01:06:48
Those were development standard variances related to special. 01:06:51
Exception request by Jake Elder The Elder company special exception was denied. There was some. 01:06:56
Lack of clarity on what to do with the remainder. 01:07:06
Development standards variances or whether they should be withdrawn or tabled. I did speak with Mr. Elder prior to his submittal 01:07:08
of those applications and warned him that if the special exception was not approved then. 01:07:16
The development standard variances would not be able to approve. He understood the risk there and and chose to apply anyway. 01:07:24
So at this time I believe the appropriate thing would be to dismiss those items rather than table indefinitely. OK. 01:07:33
So just for clarification, originally at the meeting he said he was interested in withdrawing them, then was interested in trying 01:07:43
to see if he could table them. 01:07:48
If that's the direction the Board takes, that if no person appears on behalf of the petition, which Mr. Elder is not here this 01:08:24
evening, then the petition may be continued until the next regular meeting or dismissed at the discretion of the board. Then 01:08:31
there's a B section where if there's no action for 90 days unless good causes shown, you guys can dismiss as well. 01:08:37
So but his feast does he his fees. If it gets dismissed or withdrawn he'd have to repay. He'd have to re bring all those things 01:08:45
again so he don't get a refund. 01:08:50
No, I mean it sounds like Nick had that conversation with him and maybe even discussed just bringing the first agenda item. 01:08:56
I think a special exception is that correct before bringing the the developmental standard variances and he chose to submit them 01:09:05
all at one time. So we just need a motion to dismiss or whatever is what we not a ballot, correct. You could either table another 01:09:10
months or dismiss. 01:09:15
So 2 year olds. I think at this point he has not shown it was table from last month to this month. 01:09:21
Be any more conversation since. 01:09:26
There on this. 01:09:29
I think he ought to be contacted in case he had another plan. I'd hate to see him lose that money and he's got 90 days. It's a lot 01:09:32
of money. 01:09:36
The issue you have I mean, I guess. 01:09:40
I would rely on Nick but his special exception. 01:09:43
Was denied. He has to now wait a year to bring that back before the board again. So these are these. 01:09:47
These are useless, right? Right. The variance that the applications for the variances are for a use that's not allowed. 01:09:53
So if he had another special, had something else that wasn't allowed and he wanted to come before us, he can't for a year or just 01:10:03
for this particular item that he came in for, it would have to be substantially changed. I think he could bring in a separate 01:10:10
special exception. Well, that's what I was thinking about. 01:10:18
And then use that others. But we would still need to submit new applications because the site plans would be. 01:10:26
Different and everything OK. I think staff put it in a lot of work to review these, put together staff reports. 01:10:33
And to do it all again, he should pay again so he can't find another piece of property and use these on that other piece of 01:10:41
property. He has to use it on this property in the earliest that he can do that is one year because, well, these standards 01:10:47
variances were all applied to the Tide Drive too. 01:10:53
I mean, that was his engine, the rest of it was a train. There's nothing to pull again. So I mean, if he asked for a different 01:11:02
special exception on that property, different use. 01:11:06
These would not support. These were in support of that use that he was requesting at that time, correct? 01:11:11
OK, so I understand. So I'll make a motion that the board withdraw, dismiss, dismiss. 01:11:17
FC 11/24/49. 01:11:25
FC 112450. 01:11:29
FC 112451. 01:11:31
FC 112452. 01:11:34
I second. 01:11:39
OK, we have a motion and a second. 01:11:41
All those in favor signify by saying aye aye. Any opposed like son that passes. 01:11:43
OK. Anything else under old business that it will be off? OK, moving to new business? 01:11:50
Staff requests to table this item. 01:11:58
The applicant. 01:12:01
Is going to provide some additional information. 01:12:03
Site plan. 01:12:07
There are some ambiguous ambiguity regarding the property line. 01:12:09
That needs to be clarified. 01:12:14
It says staff requested table until the February regular but. 01:12:16
OK, any questions? Make a motion. We table FC 12/24/53 until the February regularly scheduled for zoning pills meeting. 01:12:23
I'll second it. 01:12:34
OK, we have a motion and 2nd all those in favor signify by saying aye. Any opposed like sign. 01:12:35
Thank you. Is there anything else to come before us, Nick or Christy? 01:12:42
Any other board members? 01:12:46
OK, I'll entertain a motion to adjourn. So move second. All favor signify by second. 01:12:48
Thank you, Officer. 01:12:55
Now when I was talking, did I say yards or feet? 01:12:57
Did I say yards or feet when I was getting? 01:13:03
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Document list

Documents available for this event
Document Name Document type
Docket FC-11-24-46 Aqua Indiana General Document
Docket FC-10-24-44 Sporting Club at The Farm General Document
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Transcript

Event transcript
Great. Grand Canyon? Yes. What kind do you want? I got blue, but I don't know if that's gonna work well in there. 00:00:00
I think it's black, but it may not be. 00:00:06
Black. 00:00:17
Then he just want me to sign that platform. This I can't see. I don't think this is gonna work on there. You can try it. 00:00:19
I'm gonna tell you what, you won't want me to sign up there. That will. Look. 00:00:27
Thank you, Sir. 00:00:44
Thank you, Sir. 00:00:50
I'm still too low to. 00:00:53
Beats the alternative. 00:00:57
Did you get through the snow OK? 00:01:00
Good evening everybody. According to my clock it is 501. So I'd like to welcome everybody to this evenings Floyd County Board of 00:01:04
Zoning Appeals meeting, January 13th, 2025. This is the first meeting of the year for us. So before we get into our official 00:01:10
agenda, we're going to begin the meeting. Should should we do the roll call on things first and then get into the other? So we'll 00:01:16
begin with roll call. 00:01:23
Mr. Eagle Hauser, Mr. Unruh here. Mr. here. 00:01:29
Here here. 00:01:34
OK. So you get roll call. The minutes of the December meeting have not been sent out yet. There was a delay in getting those 00:01:37
completed and out. So we will dispense with those and approve those at our next meeting. So before we get into our old business, 00:01:43
new business for the evening. 00:01:49
As is customary in the first meeting of the year, we're going to begin by electing officers for the 2025 year. 00:01:56
For the Board of Zoning Appeals and in order to conduct those elections, I'm going to turn over the meeting to the board's 00:02:03
attorney, Christy Fox, and let her handle the elections. And then whoever is re-elected as president or elected as president can 00:02:11
step into that role next. OK perfect. So your first thing will be to elect a chairman slash president of the board to serve for 00:02:18
the year. So if there's a motion for that, I'll make a motion to Bill White to proceed. 00:02:26
Another year, I will second that. OK, there's been a motion in a second. All those in favor signify by saying aye. Any opposed? 00:02:33
OK, Bill, you are Mr. President again. We'll go ahead and do Vice Chair. So the next will be for appointment of the Vice Chairman 00:02:42
slash Vice President for the year. If there's a motion, I'll nominate Victoria Unruh. OK, there's been a motion for Vic Unruh, 00:02:48
second seconded for Vic, all those in favor. 00:02:53
Any opposed? 00:03:01
OK. You have a vice president and a president. All right. OK. 00:03:03
So moving on with our agenda for the evening. 00:03:08
Old business this evening we're going to begin with agenda item number one, which is FC-10-24-44, Administration Appeal. 00:03:11
Nick is going to come forward and fix. 00:03:21
Explain to the board. 00:03:23
This request and give us some clarity on how we need to move forward here. 00:03:25
So, Nick, this is administrative appeal. 00:03:31
For the. 00:03:37
Sporting Club at the farm. They received a notice of violation on September 9th, 2024 for violating a condition of the approval 00:03:38
for their special exception. That violation was for. 00:03:46
Shooting within the prohibited 300 yard. 00:03:56
Boundary. 00:04:00
Adjacent properties. 00:04:02
Appeal for this was received on October 8th. 00:04:05
That was within the time frame required for appeals. 00:04:09
Included evidence. 00:04:15
Included evidence were the complaints that were issued for the violation, the complaint investigation and the original ballots for 00:04:19
which the. 00:04:24
Condition of violations. 00:04:29
As a body for an administrative appeal you are reviewing. 00:04:34
Decision and determining if the appeals should be approved. 00:04:41
That would determine that. 00:04:46
Staff decision was incorrect and the. 00:04:48
Appeal would be upheld. 00:04:54
Because the findings of fact failed to support the decision of staff. 00:04:56
If the appeal shall be denied if the findings of fact are made. 00:05:02
Supporting the administrative decision. So you would be denying the appeal of the. 00:05:08
From the farm stating that the findings of fact are in fact. 00:05:13
And then you could also. 00:05:18
Table consistent with the rules and procedures of the BCA. 00:05:20
The report from 9/9/2024. 00:05:26
Is the evidence that you will be reviewing as well as from the applicant. 00:05:34
As staff, I really don't. 00:05:39
Stand here and defend what I've already done. So it's up to the. 00:05:41
Professionally to do that so if you have any further questions process I can I can help with that. 00:05:47
Or additional details, I can help with that as well. 00:05:53
Well, I don't have that additional argument. I already made it in the notice of violation. 00:05:57
So we treat the the administrative ballots the same as we do in the other ballot, correct? Is that correct? 00:06:02
I have no questions. I don't have any other questions for Nick, sorry. 00:06:10
OK, Nick, thank you. 00:06:17
Is the applicant. 00:06:21
Or representative for the applicant this evening, please come forward and state your name and address for the record. 00:06:23
Bobby Brooks. 00:06:33
My address is 840 Framers Chapel Rd. Gordon, Indiana. 00:06:37
OK, Mr. Brooks, what, what would you like to share with the Board regarding this this appeal? This appeal is for the complaint of. 00:06:44
Shooting in a. 00:06:54
Within the required limited area 300 yards from a neighboring property. 00:06:56
Every shooting law or every shooting stipulation and and. 00:07:06
Thing that's been put in place up to this point was because of the gun, the sound of the guns, the 300 yard restriction was was 00:07:12
everything was based off of. 00:07:17
Shotguns. 00:07:22
And we shot archery. 00:07:24
On on this side of the property. 00:07:27
The whole time we've been open and there's never been. 00:07:30
An issue or anything said was shooting archery. 00:07:33
Everything that we've ever put in place for a restriction was put on that side of the property, 300 yard restriction and decibel. 00:07:36
All that noise, reading and everything was due to the gun shooting. Nothing was ever said about archery. 00:07:47
And our archery course is in a very safe area. 00:07:57
It's it's, it's part of the property that we utilize as a. 00:08:02
The archery course for our members and guests to shoot archery. 00:08:08
There's a. 00:08:13
There, there's no reason. 00:08:14
That we shouldn't be able to use. 00:08:17
This part of our property to shoot archery, I understand the you know what, what you know in the beginning, I understand what the 00:08:19
complaint was, but it was always about guns. And now, now, now they're bringing up archery and and archery is not an issue. It's 00:08:25
not a problem. It's not. 00:08:31
It it, it would be adversely affecting our business to not be able to utilize this area in. 00:08:39
Archery. So that's really all I have. 00:08:44
So this will step in. Marty Schindler, 78454 Leaf Dr. Greenville, IN I'm the course and land manager now at the farm. 00:08:48
So I read through all the previous documents, right? So I came on board in 24 in April of 24. I spent a ton of time looking 00:08:59
through the original approvals from 2019 up until this recent. 00:09:05
Violation archery was never mentioned in any document from this board or Nick Creeby or anyone, and that's kind of where the 00:09:14
appeal brought him. You know, that's why we're asking for an appeal on this, it seems like at this point. 00:09:20
We're kind of just throwing stuff against the wall and see what sticks right. 00:09:28
We're in here more than we want to be and. 00:09:33
The 300 yard boundary was based on, from everything that I read, simply the shotgun shooting. OK, archery was never mentioned. The 00:09:36
word archery is never used and there's actually a stipulation in 2020. So originally in the documents from 20/19 it was stated 00:09:45
outside of the original course, the 24 shooting stations, the property could only be used for farm use. All right. 00:09:53
In 2020, there's an amendment that clearly says that restriction for the rest of the rest of the property was removed. 00:10:03
Which would open that up to anything outside of shotgun shooting because that was specifically stated to be highlighted on the map 00:10:10
for 24 stations. So in 2020, the board actually opened us up to use that property for anything outside of, you know, regular 00:10:17
shotgun shooting sporting plays of Hunter. 00:10:23
That's it. 00:10:31
Question. Yep I got 1. 00:10:33
I've never shot an arrow in my life. 00:10:35
A compound. Compound bows that what they call. Is that what you hunt with? What's the range? What's the maximum that that error 00:10:39
can travel? 00:10:42
The the maximum range on a compound bow. 00:10:50
Would maybe be 200 yards. 00:10:55
Keep in mind that's. 00:11:00
That 200 yards would be if I stand and shoot the arrow in the sky like this, right? Like that's not AI pull it back the direct 00:11:02
shot. 00:11:05
And and on that, on that course and where we have all our archery targets. 00:11:09
There wasn't any targets towards any neighboring property. 00:11:16
And we shoot inside our own property, back on our own property. 00:11:21
In a site with back with safe backdrops and archery is. 00:11:26
Safest areas? 00:11:30
And I mean so whenever the group who set those targets. 00:11:32
I know there was concern about. 00:11:36
Proximity to property, but we vetted everything. 00:11:38
And all shots were 100% directly away from any neighboring property all the way around whichever side you looked at. 00:11:44
Where are are you hunting with those or you're just doing? 00:11:53
Like Scholastic Kids Program, we have an archery program and we have a IBO tournament. 00:11:59
We used to have monthly shoots but we we no longer having those at the time but. 00:12:06
It's shooting phone targets. 00:12:11
So I've got pictures here. 00:12:14
I guess this trail Cam, does it belong to you? 00:12:17
That we're getting these pictures from. 00:12:19
OK, so that trail Cam is fairly close to the property line, is it not? It's yes. And I, I, I hate to even bring this subject up in 00:12:22
public, but there's actually a picture of a guy that's a. 00:12:28
Go in the bathroom. 00:12:36
And. 00:12:38
Excuse me, We'll give you a chance to speak in a moment. 00:12:40
And. 00:12:45
I can tell you this. 00:12:46
We don't want to see in here either, OK? The last thing I want to do is be sitting here spending my night talking to somebody that 00:12:48
doesn't know how to follow the procedures, OK? 00:12:52
And you know, I'm really reluctant even to even go on with this the way that I feel right now. 00:12:58
But if you do what we set forward to you. 00:13:05
Then there would be no reason to come back in here. If you had met every guideline that we set with you. There's no reason to come 00:13:10
back in here. The reason you're back in here is because. 00:13:15
You didn't take the test for the lead the way you were supposed to take the test for the lead. And I can go on. OK, So when I I'm 00:13:20
still talking, Sir. Yeah, but this is about. OK, You won't let me finish talking. 00:13:26
OK. 00:13:34
I know what this is about. 00:13:36
But he made the statement about being back in here when you did, OK? And I'm referring to that statement, OK? You made that 00:13:38
statement publicly and I'm going to respond to that statement, OK? I don't want to be in here anymore than you do. 00:13:44
So this board, how many years ago approved? 00:13:51
You guys to go out there and I love, honey, I love shooting sporting clays. I've got all kinds of guns. So it's really hard for me 00:13:55
to sit here and feel like I'm scolding guys for not doing what they agreed to do, OK? For from my standpoint, do what we agreed 00:14:01
to. Don't come in here. You don't have to come in here. So I got a question for Nick. 00:14:08
Don't let these guys sit down. 00:14:16
Does the restrictions say shooting shotguns or does it say shooting? 00:14:20
Do you do you want to answer that, Nick? 00:14:27
So the conditions, they had no shooting within 300 yards of any property. 00:14:33
Green line or public roadway? 00:14:37
Does not say gun. 00:14:39
What? OK, I have never seen anybody throw an arrow. 00:14:41
OK, I've never seen an error thrown to kill a deer or to do anytime to archery it has to be shot. 00:14:46
That says shooting. 00:14:53
We're done. 00:14:54
It's as clear as it can be. Just don't try to slide or cut the hairs. It's shooting. It's within 300 feet. Stop it. Just abide by 00:14:56
what we we gave you guys, OK? This is new for us, the same as it's new for you guys. I don't like to sit here and scold and have 00:15:02
this attitude, OK? I would love for you to be able to take care of the youth and do the things that you want to do out there, but 00:15:08
do what you agreed to do. 00:15:14
Stop bringing things to our board so we don't have to do this, OK? It's shooting and arrows being shot. You're within 300 yards. 00:15:21
I'm done. That's all I have to say. Any other questions? Yes, on Five Mile Lane, I can see the stations. Which way are those? When 00:15:31
you're at those stations, which way are you shooting? Which direction? north-south, east, West, OK. And that's 73 yards from the 00:15:40
way I read from the line property line. 00:15:48
I think that's what's on your paper. Is that correct? 00:15:58
Maybe so. 00:16:02
OK, the pictures we have, I don't know if you've seen them. I hope you have. How close were they to the property line when people 00:16:03
were there with their uh. 00:16:08
Bones, crossbows, whatever it is. 00:16:14
How close were they to the property line? 00:16:16
Apparently close to the property line. 00:16:20
But the range, all 100% of the range was. 00:16:23
But it was on your property, but you don't know how close they were to the property line. 00:16:29
Yes, Sir. It's still kind of unclear to me where that property line exactly is. And that's something that I'm going to have to. 00:16:34
Mr. Come back out. 00:16:42
Review that line to just to make sure we know where that. 00:16:44
OK. Another question is, I'm not real familiar with archery. When you were approved before, I thought it was shooting. I think we 00:16:48
specified shooting would be a projectile or a bullet explosive, not necessarily a firearm. We were looking at shooting. 00:16:59
About if you were to kill a deer, what's your range approximately? What would be a kill zone for a deer? About how many yards? 00:17:11
OK. That's what we had looked into before and I'd seen that also. So and I did see that the range for an arrow shooting is 00:17:20
anywhere from 2 to 400 yards. So the 300 yards. 00:17:27
Way it sounds would be respectful and the 73 would actually be pushing it. So if you had somebody shoot an arrow. 00:17:35
And they're 73 feet, 73 yards from it. 00:17:44
And if somebody would accidentally goofing off, you know what happens. 00:17:48
Then the neighbor is in a kill zone. 00:17:53
Possibly. So that's something to keep in mind. 00:17:56
Because 73 yards, 200. 00:18:00
Plus feet 200 and 10220 feet. 00:18:02
You know, that's that's getting pretty close to where there is a danger to the neighbors. 00:18:07
So that's something to think about. 00:18:11
And then, like I said, none of our targets ever have. 00:18:15
The neighbor. 00:18:18
Other shooting back on our problem. 00:18:22
Other questions or comments from the board? I've got a couple for Nick. 00:18:24
September 2021. 00:18:28
Minutes. I don't know if you have access to those, but. 00:18:31
Seem to be a lot of discussion around. 00:18:35
Shooting in the. 00:18:39
Archery events and there were some comments on the board. 00:18:41
That they wanted to make it clear that. 00:18:44
Let me sign it again discussing. 00:18:48
Gun shooting. 00:18:51
So I mean, I see a lot of ambiguity in that. 00:18:53
Meeting minutes. 00:18:57
There's some talk about adding the buffer trees against the. 00:19:00
Riley's yard. 00:19:04
Find that. 00:19:07
They're talking about the major events. 00:19:12
Including archery, and I don't think archery is a problem. It's the guns. We need to find shooting events in that those meeting 00:19:16
minutes and then there seem to be a concerted effort in the. 00:19:21
Conditions to add shooting. 00:19:26
To those conditions so. 00:19:30
That's kind of where I stand. I tend to agree that. 00:19:32
Shooting. 00:19:36
Guns, shooting, archery. 00:19:38
It's not been well defined in some of the past minutes, so. 00:19:40
Yeah, I would agree that. 00:19:45
That were considered the original approvals. 00:19:49
Emphasis was on gun shooting. 00:19:54
September 21. 00:19:57
Request they ask for additional event. 00:20:00
Specifically. 00:20:04
Weddings. 00:20:06
We didn't mention archery as well. 00:20:11
Given that there is no. 00:20:15
Specificity. 00:20:17
Otherwise. 00:20:19
To me, shooting is shooting and. 00:20:20
Archery requires different boundary. 00:20:24
Otherwise. 00:20:29
And if I can just chime in briefly with Indiana code 142231.5 dash 3, it defines shooting ranges. 00:20:35
And I mean, again, we already talked about that restriction clearly says shooting. It doesn't say gun shooting. It doesn't say 00:20:43
rifle shooting. It says shooting. Shooting range is defined as a means an area designed and operated for the use of archery 00:20:50
rifles, shotguns, pistols, muskets and similar firearms that are fired at. And it's got a list of places that can be fired at 00:20:56
silhouette, ***** trap, paper silhouette or other similar targets. 00:21:02
So a shooting range, which is what they're operating, is defined to include archery. 00:21:09
So I think you've got either the side where they were never approved to do archery. 00:21:15
And they're saying that they didn't even ask for that, so they were doing it and they shouldn't have been. Or it's a shooting 00:21:20
range which includes archery. 00:21:23
Maybe they can answer this question, but I'm not sure how you I didn't find anything the statute to suggest that you could get a 00:21:28
bow off of an arrow in any manner other than shooting it, and your restriction says shooting. 00:21:33
It doesn't define again a gun shooting. It's very. 00:21:39
General in that it's shooting. So I think if they were wanting to change that to be specific different boundary for archery than 00:21:44
it is for the gun shooting that they should ask for a modification of that condition. 00:21:49
Anything else? No. 00:21:58
OK. Anything else from you gentlemen? 00:22:01
OK. Thank you. 00:22:04
So we've heard staff report, we've heard from the applicant. Is there anyone else here this evening that would like to come 00:22:07
forward and speak in favor of this appeal? 00:22:11
Seeing none, we'll close that section and go to anyone here that would like to come forward and speak in opposition to this 00:22:18
request. 00:22:22
Please come forward, state your name and address for the record, and I hope you're not going to read. 00:22:27
That whole box full of. I will not read that entire box full paper. 00:22:32
Good evening board members. My name is Jonathan Hughes. I've been before you on a couple of occasions. 00:22:37
My address is 111 monument circle. 00:22:41
Sweet 2700 in Indianapolis, IN and I'm an attorney with the law firm of those McKinney Nevins and I represent Paul and Julie Riley 00:22:45
who are here with me this evening. Their address is 39345 Mile Lane. They are the individuals who complained about this. One of 00:22:51
the individuals also complaining was Mr. Andrew Loesch. I do have an additional affidavit for Mr. Loesch that's in this bag, but I 00:22:57
can I can present to you you'll find. 00:23:03
Miss, referencing Mr. Unruh's comments back in August, we were before you. 00:23:10
Reference a number of issues we have with the range. This board made a decision that we're very grateful for finding that the 00:23:15
expansion shouldn't have happened that same weekend right after we had that hearing is the archery event that you see photos of. 00:23:21
So within just a few days of this board saying follow the rules. This is the problem that we've had and our experience with with 00:23:26
with our neighbors and my client's experience with their neighbors is that following rules is is just not something that they've 00:23:32
done. 00:23:38
Not only have we been before you on a couple of occasions, but. 00:23:44
This matter itself was. 00:23:47
This matter itself, as you know, was continued on two separate occasions. 00:23:50
Which borders the range. Mr. Loesch has an updated affidavit that I can pass out to you here in just a moment that shows he's 00:24:24
found two more arrows in that yard in that on that property just in December. So to say that the arrows are staying on the 00:24:30
property is just not true. I agree with you. Shooting means shooting. I agree with Miss Fox. That's what the Indiana State law 00:24:36
says. Shooting means shooting. Mr. Whalen on your comment about the 2020. 00:24:43
21 meeting, I would just note that there was one condition about events and that event the sports specifically said gun shooting 00:24:49
events. And so I read that to me the board knows when it wants to say gun shooting puts gun in front of the word when it doesn't 00:24:54
it just means shooting. 00:24:59
Ask you revoke the permit, at the very least uphold Mr. Creeby's decision and deny this appeal. Just to go over the letter that 00:25:33
you were all referencing, which is really what's in this box. It sounds like you already have. I just point out a couple of things 00:25:41
to you. Pages 8 to 47 are going to be pictures that show various operations going on, people coming and going at the shooting 00:25:48
station. Looks like they're looking to try to find where this trail Cam is, but starting at page 48, if you go to page 48 to 55. 00:25:56
And then 57 to 85 you'll see folks shooting at this very station. On page 56 you'll see the answer to agree to ask the question 00:26:04
about how far it was my clients measurement using a tape measure standing on his property and reaching across to see how far it 00:26:10
was to that cone that was placed there. The metal post you see in those photos and in that particular picture at page 56 is 00:26:16
roughly 55 inches. 00:26:21
From the cone and that post is my client tells me the edge of their property. So we're within 55 inches of my client's property. 00:26:28
The individual Mr. Andrew spoke about I also don't want to talk about and I did blur his face and images for you. An individual 00:26:35
taking a leak on someones property is the reason that we don't want them that close to our property Michael. 00:26:42
Client would just like to enjoy their property that's on page. 00:26:49
That is on page three of your letter. On page 4 of that letter that I submitted, you'll see what that individual is looking at, 00:26:54
which is my client's house. 00:26:57
I with you, Mr. Unruh, I don't want to keep coming back here for the Annapolis. So I just pray that they would pray. My prayer for 00:27:32
relief would be that they they would respect the rules of this board and that we wouldn't have to be back here again. But I'm not 00:27:37
for sure there's any way to do that other than to tell them to stop doing what they're doing. 00:27:42
Mr. Ali, do you want to say anything to the Board? I would like to speak. 00:27:48
If you will, Mr. Reilly, state your name and address for the record. 00:27:53
Paul rally at live at 3934 Five Mile Lane and Mr. Brooks stated that you know, the youth shooting, there were over 1600 registered 00:27:56
shooters at that shoot. That field was full and it was a three day shoot. Almost every one of these shooters, adults walked. 00:28:05
Behind my house on this path that they created. 00:28:15
For basically we feel like to be harassed. 00:28:19
And I just want you all to know that you can shoot a bowl over 300 yards. 00:28:23
Easy. 00:28:30
Just because a lot of people don't draw all back correctly. 00:28:32
You know here if you're drawing back aiming up an error, that that arrow has a lot more time to travel before it hits the green. 00:28:35
And we felt uncomfortable for three days and they harassed us with this shooting for three days. 00:28:41
And it went on and on. 00:28:48
And it's ridiculous how we've been treated down there. I brought up there artery targets in the past that wasn't there in 2019. 00:28:50
They moved it over there around 2020. 00:28:55
And those targets he's talking about which way they're facing, they're not facing north, they're facing West. 00:29:01
And when they would have their club shoots, they would bring 3D targets in and face them directly towards my property. We never 00:29:08
felt comfortable when we we couldn't even walk over there during their club shoots. Their 3D3D targets were facing my property 00:29:13
plan. 00:29:18
I mean, they were shooting at. 00:29:25
And even during this sheet that they had with the. 00:29:27
1600 shooters. They had their youth shooters shooting parallel to my fence that we walk around. My wife walks around that field 00:29:30
almost every day when the weather and she couldn't even walk over there. Damn the fence world with six kids standing shooting 00:29:37
parallel to the fence at 3D targets with arrows flying directly through. 00:29:44
So I mean, I mean, why would anybody want to treat a neighbor like that? 00:29:52
We're tired of it. We're just sick of it. And we won't be treated right. We won't be left alone. 00:29:56
We want to quit coming in here all the time. 00:30:01
Thank you. 00:30:03
Thank you, Mr. Raleigh. 00:30:04
Mr. Hughes. 00:30:06
They go to Nick 1st to make sure they're in proper order. 00:30:10
Well, while Mr. Hughes is handing that out, does the board have any questions for Mr. Hughes and Mr. Riley? 00:30:13
Nelson. 00:30:21
OK. Anything else for shoes? Just thank you very much for your time. Appreciate all the work the sports put on this project. Know 00:30:23
it's unique, but we do appreciate you think. 00:30:27
Thank you. 00:30:31
OK. We've heard now from the staff, from the applicant, from those four and against. We will invite the applicant back if you'd 00:30:33
like to respond to any of these. I'm sorry. 00:30:39
I got carried away because I know we went overtime limit. 00:30:46
Is there anyone else that that's here this evening would like to speak in opposition? My apologies. 00:30:50
Please come forward, state your name and address for the record man. We'll get you next. 00:30:55
My name is Andrew Lush, I live at 4155 My Lane. 00:31:04
My mother-in-law lives at 4166 Five Mile Lane. 00:31:08
And that's the property that the arrows. 00:31:13
I have found from Mr. Brooks. 00:31:18
Shooting and. 00:31:21
My question is. 00:31:24
You know, we got 4 Wheelers back. There we come, we enjoy. 00:31:26
We enjoy our land and what's aggravating to me is I'm supposed to give up. 00:31:30
My time back there because they're having an archery shoot. 00:31:37
That they're supposed to be 300 yards away. 00:31:41
If they just follow the rules that they agreed to beginning of all this, we wouldn't be here. 00:31:44
So I'm sure there's more arrows back there. I don't go back there looking for them. 00:31:50
I do. I'm back there cutting wood and just have stumbled across them, so it's not like I'm back there. 00:31:54
Trying to find evidence, but. 00:32:01
You know, I found and truthfully, the arrows I found this last time probably. 00:32:04
I would say 50 yards. 00:32:09
On our property. 00:32:12
So that's. 00:32:13
I don't know where the target was at. I did see the guy that was back there putting the targets up. 00:32:16
And I know they were shooting. 00:32:21
They were standing right on our property line as well as Mr. Riley's. 00:32:23
At another location. 00:32:28
But you know, we haven't got kids. I don't know who's liable if who's liable if they get shot by an arrow back there, You know, so 00:32:30
and it's not, it's during the time of the year where we're you don't have to wear blaze warnings or anything like that. I mean, we 00:32:36
can be back there in camouflage and no one sees. So but if you're 300 yards away. 00:32:42
More than likely it's going to hit a tree or something like that before it hits our property line. 00:32:49
So I don't want to be in here anymore either, but it seems like. 00:32:53
The rules that they agreed to, they are not following. 00:32:58
And it's very aggravating for all the members. 00:33:02
Thank you. Thank you, Neil. 00:33:05
Is there anyone else here this evening like to speak in opposition? 00:33:08
OK. Now we will close that section and Mr. Brooks, if you'd like to come back up and. 00:33:15
Respond to any of the. 00:33:20
Comments have been made, you're welcome to do so. 00:33:22
Well, the first the. 00:33:28
The highest thing we hold in regard to our club is safety. Safety is paramount. 00:33:31
In every level, safety is paramount in every event. 00:33:36
It was never, I mean. 00:33:42
It was never. 00:33:44
Ever in in. 00:33:46
In my intentions. 00:33:49
To ever have a bad neighboring issue ever coming into this business, I felt like this was a very positive impact on the on the 00:33:51
county and our community and on our neighbors. 00:33:58
I wanted to cultivate those relationships. 00:34:06
Inviting our neighbors to participate and be a part of this. 00:34:10
And it's still my goal to to have good neighbors and it's still my goal to have a positive impact on our county community. And 00:34:15
when we host events like this, the archery event in that that they're referring to that brought over $2,000,000 of revenue to our 00:34:22
county in, in those three days, OK, with the, with the tourism dollars, OK. So they're talking about raising taxes or raising 00:34:29
funds and raising taxes in Floyd County. And, and when we when we host these. 00:34:36
To convince all of our events have a. 00:34:44
Huge positive impact and financial impact on our county revenue dollars and tourism. So it's with every intention of mine. 00:34:48
To have a positive impact on the county and neighbors and be a good neighbor and. 00:34:57
Like I want to repeat that safety is paramount on every level. 00:35:05
Every level. So with that being said. 00:35:09
Although all those events are vetted. 00:35:15
How those how those arrows got if they were our arrows, If they weren't, we find things on our property as well. We find shotgun 00:35:19
shells, we find arrows, we find things from the past because that's always been a hunting property. 00:35:26
Just this year. 00:35:34
Two tree stands and trail cameras, often off our neighboring property. There they were having tree stands on our property. 00:35:35
They had trail cameras on our property. They were deer hunting on our side of the property. OK, but when they talk about how close 00:35:45
we are to their property. 00:35:50
OK. 00:35:56
Maybe we were that close, but we were. 00:35:57
Wholeheartedly under the impression that that 300 yard restriction was solely on the use of guns. 00:36:01
OK. Never ever was it discussed that archery was fell within that. OK, so that that was not discussed and that was not us not 00:36:07
following any rules. 00:36:12
I mean, with all that being said. 00:36:19
We we were close, but that's still our property. 00:36:23
So that's like. 00:36:28
You be anybody being on their own property and your neighbor saying that's far enough, don't come any closer to my property. 00:36:30
Well, from here to that door still my property. 00:36:37
And we are the only club in America and I've traveled. 00:36:40
And extensively and shot all over the country. 00:36:46
There's not another club with this type of restriction, OK, There's not another club with this type of restriction holding a club 00:36:50
to the regards of of of not shooting that close to the property line. 00:36:57
It just has a. 00:37:04
It's it's unheard. 00:37:06
But we're going along with it. We haven't shot guns. So we're we're, we're, we're respecting that, but it's never an issue. So it 00:37:08
wasn't intentionally that we were shooting archery and saying, well, we're just going to do this because it's not the case. Like I 00:37:14
said, everything we do. 00:37:20
We truly. 00:37:28
Safety at the forefront and we truly want to make a positive impact on on the what we do in our county with our people and 00:37:30
including our neighbors, everyone of our neighbors, OK, We want to be good neighbors. Thank you. I got a question please. Number 00:37:36
one, I want to thank you for what you bring into the county. And I think the reason that we approved this to start with was that 00:37:43
it was a good project for kids and a good use of the land. 00:37:50
And so I want to start with that Secondly. 00:37:57
You're saying safety is up most the importance? 00:38:01
Let's say that you don't. You didn't have to abide by a 300 foot for archery. Do you think shooting on the property line is safe? 00:38:05
Would you have some kind of buffer that you would instill on your own for safety, not be on the property person's property? What 00:38:10
would you think is safe? 00:38:15
Well. 00:38:23
If you're, if you're hunting your own property, I'm asking you on this particular property where you got hundreds of people to 00:38:25
shooting you said safeties. The number one important thing. 00:38:29
What's safe in Europe? I mean, we are shooting back on our own property. I understand it, but I'm asking how much buffer? How much 00:38:34
buffer? I would say 100 feet, OK. 00:38:40
OK, Thank you. I mean even. 00:38:45
Before you step away, Mr. Brooks, there any other questions for Mr. Brooks while he's here? Can you take us through the the 00:38:50
procedures? Was there someone with the event with each group or that on their own? What was the? 00:38:54
It was put on by an organization called Total Archery Challenge and they travel around the country and several states. 00:39:01
Hosting the same event at different clubs all over the United States. 00:39:08
And it's growing every year. They're hosting more events every year. 00:39:13
And with that being said, that they they control, they came in and just. 00:39:17
Put on their own shoe so it was on our property. It's great for the community and it's a it's a professional run event. So so did 00:39:25
they set the targets? 00:39:30
And each group did each group have a representative from that organizational that stays with each range. And they, they, they, 00:39:36
they put up five range and it's called extreme total archery challenges and extreme archery event to where they walk. They want 00:39:43
every course to be a challenging hike as they don't shoot these targets. So it's a hike and they, they want that trail to, to 00:39:49
close to a mile. 00:39:56
That's why it's taken up so much space to. 00:40:03
Put up five ranges. 00:40:08
OK. Thank you. 00:40:11
Do they walk to each range or do y'all take them with your? No Sir, everybody's on foot. 00:40:14
And they supposedly have a trail to stay away from the property lines. 00:40:20
Directional signs and and they go from target to target, either shooting 20 to 25 targets per range in that mile loop. 00:40:26
But as far as that goes, the. 00:40:36
Line property line. There's no marking really there. 00:40:38
In in this case where where the pictures were taken like I said. 00:40:42
I'm not sure where that boundary is. I was. I was not. 00:40:47
Aware that Mister Riley's property came up into the woods as far as it did. If that's the case, and I've already reached out to 00:40:52
Dave Ruckman who did the survey, and he's going to come back out and and re establish that line for me. 00:40:59
Other questions? 00:41:10
Any other questions from the board? 00:41:13
Mr. Brooks, I mean, we've already closed the public comment section. I'm sorry. 00:41:15
Mr. Mr. Ma'am, if you keep speaking, we're gonna have you removed. 00:41:21
So. 00:41:26
Thank you, Mr. Brooks. 00:41:29
Folks, I'm sorry, but we have other items on our agenda this evening and we've expanded our time to let everyone be heard and and 00:41:32
we've heard. 00:41:36
From those for those against and we we just have to keep moving with this. 00:41:41
Anything else from the board? 00:41:48
Before we move to vote on this item. 00:41:51
Do we have a ballot? We do. 00:41:55
And Christy, once again, I've not done. 00:41:59
Have not filled one of these out very often. You want me to read the whole paragraph at the top? 00:42:02
Should I read that? You do not have to read the entire paragraph, just your findings of fact and the appeal. The decision is the 00:42:08
decision that was made by the plan director. OK, OK. 00:42:13
All right, so this is Docket FC. 00:42:21
10-24-44 Petitioners named supporting clubs at the farm. 00:42:24
Finding the facts. The appeal. The appeal of the decision issued by the Board of Zoning Appeals. 00:42:29
Corrected the appeal of decision issued by Plan Director Nick Creevy. 00:42:43
Dated of appeal decision on the 9th of September, 2024. 00:42:51
The appeal was timely filled. 00:42:57
Filed within 30 days of the appealed of the appeal. 00:43:01
Decision. 00:43:06
Evidence reviewed. 00:43:08
Special exception ballot from 10th of June. 00:43:10
2019. 00:43:14
10th of March 2020 and 15th of September 2021. Photos dated August 18th from the Mr. rallies Mr. Paul Riley. 00:43:17
The evidence does. 00:43:29
Support the appeal decision. 00:43:33
The board of. 00:43:38
OK. Yeah. The only other thing is other evidence you reviewed would be testimony of staff. 00:43:41
Statute. Indiana Code. 00:43:47
OK, so you want me to put that word? 00:43:51
Just put Indiana statute is fine or Indiana code under special exception with the same evidence review, evidence review, What do 00:43:53
you want me to put there? Indiana Code? 00:43:58
OK, staff testimony. 00:44:05
Or recommendation to everyone to phrase up. 00:44:09
OK. 00:44:13
Staff recommendations. That's it. 00:44:14
All righty. 00:44:18
Good. 00:44:20
All right. The evidence does support the appealed decision. 00:44:21
The Board of Zoning appeal here buys. 00:44:27
Denies the petitioners. 00:44:31
Administrative appeal at the meeting held on the 13th day of January 2025. 00:44:33
That is my ballot. 00:44:40
We have a ballot. 00:44:41
Do we have a second? 00:44:43
We have a ballot with no second. 00:44:55
He's looking. 00:44:59
I'll second it. 00:45:06
OK, we have a ballot and we have a second. 00:45:08
Any other questions or comments? 00:45:11
Mr. Whalen, looks like you're looking something up. 00:45:14
I'm just going to look at the. 00:45:17
The actions. 00:45:19
I'm good. 00:45:45
So no other questions or comments from the work, no. 00:45:47
OK, then we'll move to vote. All those in favor signify by saying aye aye. Any opposed like sign. 00:45:50
That request was hereby denied or the appeal was denied by the Board. 00:45:56
OK, moving on with our agenda this evening. The next item on our agenda is agenda item number 2, which is another old business 00:46:04
item FC11-24-46. 00:46:08
This is. 00:46:14
A special exception, special use exception and I believe. 00:46:17
Nick is going to come forward in a moment. 00:46:22
And give the board an update. 00:46:25
So this is for Aqua Indiana. 00:46:51
I believe this item is tabled at the last meeting. 00:46:54
For some additional questions, Don presented the staff reports. I won't. 00:46:59
Do that again. They did provide a letter addressing some of those. 00:47:05
Items of concern which was provided to the Board. 00:47:10
I believe they haven't happened. 00:47:15
Representatives here that could. 00:47:18
Going to it further, it looks like they might be the only folks of the year, so perhaps the concerns from the public were not as 00:47:20
great as previously thought. 00:47:25
I will be able to address 1 of the issues regarding the floodplain. 00:47:31
During building permitting, we review those for floodplain compliance and we believe that that is probably the. 00:47:35
The fringe area, which would require a local floodplain permit and. 00:47:43
Verification that any building would be flood proof or elevated above the base cloud elevation. 00:47:48
Do you have any questions for me? Any other questions for Nick? 00:48:00
I was not here last month to hear the actual presentation so. 00:48:05
You left me hanging. 00:48:13
Did a fine job. I will also know in the in the document that they prepared that the. 00:48:16
Applicant prepared. They did move this structure closer to the existing barn, enclosed it in offense. 00:48:22
Agreed to put some screening in that fence. Black vinyl. 00:48:30
In the chain lead 7 foot chain lead fence. 00:48:36
Additional vegetation screening. 00:48:40
So it looks like they've made some. 00:48:42
Some adjustments based on the concerns. Do you have a drawing for that or is it just, it's in his letter? It's it's, it's just 00:48:45
verbal. Oh, I got you. OK, thanks. 00:48:50
So so I just have a clarification for. 00:48:56
Christie, since this did come before the Board last month, did we get through the whole presentation last month and we just tabled 00:48:58
the? 00:49:02
I think we did. I think we got to the end and there were some questions by the board and it was tabled so that they could have 00:49:07
time to answer those questions. OK. So, so my understanding then is we don't have to go back through the whole process. I think 00:49:13
we've run into this before, Nick. We don't have anybody here. I think it's fine to go through the process. I don't think it might 00:49:19
take too long here. I would just go through the process. I think we've run into this a time or two before and I think because 00:49:25
there were some changes. 00:49:31
To their original application, I would recommend just going through the process versus just simply having some questions answered 00:49:37
because they did make some revisions. Sure. OK. I just wanted to clarify before we move forward, of course. OK, Thank you, Nick. 00:49:43
So, so we've heard from staff, I assume that the three folks left in our audience beside those associated with us. 00:49:49
Represent the applicant. So if one or more of you would like to come forward, state your name and address for the record please. 00:49:56
We'd like you to give us an update. 00:50:03
Thank you, Scott Cycle, Midwestern engineers. 00:50:08
6809 Corporate Dr. Indianapolis, IN. 00:50:12
46278. 00:50:16
As stated in the December meeting. 00:50:19
This property is a. 00:50:24
Non conforming use to the zoning. 00:50:26
And it has been non conforming since the. 00:50:30
Induction of the zoning ordinance. 00:50:34
It's a wastewater treatment plant that serves the. 00:50:37
Neighborhood directly adjacent. 00:50:40
The questions asked at the December meeting were regarding staffing levels. 00:50:44
The location of the building itself. Original depiction of their exhibit of the building had it a certain distance away from the 00:50:52
existing building. 00:50:57
And then also. 00:51:03
The. 00:51:07
Floor elevation was questioned at that time. 00:51:08
In response to those, the staffing levels is not meant to be a permanently used building. Essentially, it'd be kind of a. 00:51:12
Location where staff that is attending to several wastewater plants within the area has an opportunity to to manage report 00:51:24
writing, store their office supplies, those kinds of things at that building. 00:51:31
We did slide that building back closer to the existing facility from what we had shown previously. So it's approximately the new, 00:51:39
the new version is probably I'm going to say within about 10 feet of the existing building. 00:51:47
Versus the. 00:51:55
Roughly 40 to 50 feet at once before and then the elevation of the floor is not determined. 00:51:57
At this time, that's something that we will address during this time. 00:52:04
So that kind of covers those questions and I. 00:52:09
Is there any other questions you want me to cover or the 40 foot that's showing on this? 00:52:12
Is down to what I mean. Do you want to see this? Well, maybe I'm wrong. I'm on the wrong. Yes, it's got right there. That's right 00:52:17
there. 00:52:21
Here's a copy of the. Oh, OK, well, OK, gotcha. 00:52:27
Gotcha, gotcha. 00:52:32
All right. Can I have this? Yeah, it's mine. 00:52:33
Thank you. All right, that answers that. All right. Were you Speaking of the 40 feet between the? Yeah, yeah, I still had the. I 00:52:38
still had the, I had the older. 00:52:43
Just so I'm clear, what 40 feet? Because they're yeah, we do show another 41 feet from. 00:52:48
Property line to the South as well. 00:52:54
So I just wanted to make sure we were just talking about the same 40 feet. 00:52:57
Any additional parking areas for this? Are they going to utilize what's already there? 00:53:03
I'm sorry, any additional parking area is going to be constructed. Are they going to use what's? 00:53:07
The intent is to use what's there. 00:53:12
Since we are not a, it's not a permanently used building. 00:53:14
And I think to follow up on one of your questions from previously about sliding that building to the South of the existing 00:53:20
building. 00:53:23
One of the issues with that is it would lock the drive, which would cause problems for maintenance equipment to get to. 00:53:26
The wastewater facility, OK. 00:53:33
But obviously the elevation of the floor is going to be high enough to where that we're not. You're not going to deal with flood, 00:53:36
right? That is the intent, yes, but that elevation has not been. 00:53:40
Right, but you said intent. Can we? Is it clear to say that you will set it above a flood? 00:53:45
All right, 10-4 and then. 00:53:53
I guess maybe this is an old drawing too. This says bank pack is getting got a floor plan. It says bank pack. It's got a bedroom, 00:53:57
master bedroom, 2 dining room. I don't even know what I'm looking at. 00:54:02
The layout of the building, but I think that's just. 00:54:12
Yeah, so the building is intended to be a modular prefabrication. 00:54:15
Building and that is kind of their stock drawing. However, there will be modifications to that. So there's not a bedroom, it would 00:54:19
be an office. Those are offices. 00:54:23
OK. And what is the exterior? What will the exterior be made out of? I'm sorry. 00:54:30
I thought there was another question. The exterior would be as conforming to the zoning ordinance for the residential. 00:54:36
Area as possible, meaning if the surrounding neighborhood has. 00:54:44
Citing the intent is to blend that with the neighborhood and then use the vegetated screening and the fencing to try to hide it. I 00:54:49
think some demonstration from the last meeting was. 00:54:55
You enter the neighborhood and you see a wastewater plant. 00:55:02
Aqua has stated that they are aware of that and want to try to screen that that facility as best as possible. 00:55:05
So this. 00:55:15
Modular office will be within the fence, yes, yeah, the fence will be expanded to the building will be inside the fence and that 00:55:17
fence is a what type of fence? 00:55:22
Proposed to be a chain link fence with black. 00:55:28
Final sliding, OK, slats in it, yes, OK. 00:55:31
Yes, OK. 00:55:34
OK. 00:55:39
Do you think that the staff will be parking inside the gate? Yes, OK. 00:55:45
Just one FYI information we we're after this been a month or so ago, there was a lot of trash. I should call it trash barrels, 00:55:52
either use barrels or whatever that was against the fence and it was very visual is visible from from the road. So if they're 00:55:59
going to be obviously parking there, they're going to leave the gate open. I'm sure to go to and from It'd be nice to keep that 00:56:06
area cleaned up and and just have staff not have any. I mean, I, it, it happens. 00:56:13
You know, I mean, you just. But it'd be nice if we could do that, yeah. 00:56:21
I'm done. 00:56:26
Other comments. 00:56:28
Anything else? 00:56:31
No, Sir. 00:56:32
If you will state your name and address, my name is Jim Shields and State Engineer for Aqua Indiana. Our address is 5750 Castle 00:56:36
Creek Parkway N Drive, Suite 313, Indianapolis, IN 46250. 00:56:44
I had a pull my business card up. This is a long. 00:56:53
Just wanted to give up. Thanks. Thank the board for considering this. This facility has been here since the early 70s and has been 00:56:56
expanded in the past. In early 2000s, Aqua retained this facility in early 2000s. Throughout the year since Aqua has been working 00:57:05
out of this facility, we have leased multiple different locations in and around Floyd County Fund. 00:57:14
Our operations basically it's a place to sit down, write their notes. You you are DMRS submitted to the state. We just need a home 00:57:23
base to put our intent has to follow the rules of this. 00:57:29
And it comes back into talking with Nick in the past, what do we need to do? And this was the proper way to go about adding 00:57:35
something else to this, to this site, understanding some of the concerns about the fencing things. Nothing's been done with that 00:57:43
fence since it was originally constructed. Recognizing, yes, it's at the front entrance to a facility. We can do a little bit 00:57:50
better on undressing this up, but our intent is not to have something that looked industrial, something out of character for. 00:57:58
Facilities. So that was the whole reason for coming in. So we were doing this the correct way. 00:58:05
Thank you very much. Thank you. 00:58:10
Jake, I have a follow up with you possibly if you could help me. 00:58:14
Larry and I went on out on this project together and he kind of he's out of town. He kind of expressed some of his issues. I. 00:58:20
Do you feel that the the the fence with the slats in them would take care of having to have any additional vegetation screening 00:58:27
or? 00:58:33
In your opinion, you're good with that? Yeah, OK. 00:58:39
OK. That would be sufficient with our. 00:58:42
OK. All right. I'm just, this is kind of some things that Larry, Larry and I talked about, he was concerned about. 00:58:46
And they did commit to adding some vegetative screen. 00:58:52
As well as the fans. 00:58:55
It is already screened by the existing trees right most of decision. 00:58:59
So I'm just from staff perspective the proposed. 00:59:04
The plan that they presented will likely enhance the site and make it look better than an existing. 00:59:10
So that's. 00:59:19
So do I need to state in the conditions they they've agreed to do that fence and they've used that they've agreed to do I would 00:59:21
just. 00:59:25
Reference their letter dated January 8th, 2025. 00:59:30
OK, wait a minute. 00:59:35
David what? 00:59:41
January 8th, 2025. 00:59:43
Anyways. 00:59:48
All right. And then, then if the exterior. 00:59:53
Proposed structure should be aesthetically appropriate for the residential subdivision neighborhood, and that's. 01:00:00
They've agreed to to go along with whatever our. 01:00:07
Our our regulations are, is that correct? 01:00:10
We would have no restriction on building material for that, None, OK. 01:00:13
So I guess. 01:00:20
Yes, I would question. 01:00:22
For commercial structures, we do have. 01:00:25
Maximum. 01:00:28
Of vinyl. 01:00:30
For residential, we do not have. 01:00:32
Restrictions on building. 01:00:35
And this, this is coming to the residential guideline or commercial guideline. 01:00:36
It's a special exception, so it doesn't come under the guideline. 01:00:40
Existing zoning is residential, so unless otherwise stated it would be the resident. 01:00:45
So unless otherwise state as in they place the condition that they need to follow the commercial parameters for the exterior of 01:00:53
the building, which would be commercial no more than 20% maximum. 01:00:58
Final allowance for commercial structures. So the other part which could be wood. 01:01:06
Could be wood. 01:01:12
Different kind of. 01:01:15
Materials, facades, OK. 01:01:17
Problem is that as high as it's probably built, that's going to be what's seen over the sense, so adding that in. 01:01:19
I'm just wondering how much does it just go wood? I mean, I know they make those, they they make them where you can just put wood 01:01:27
siding instead of vinyl siding. I mean, the problem I got with vinyl siding is, I mean, we've approved a subdivision. I got to 01:01:34
mention it and I've been by it and the houses have been built less than two months. And the, the siding looks like, I mean, it's 01:01:41
WAVY. It's, it's warped the whole 9 yards. And I just, it's not good. It's just didn't look good. So I wonder if. 01:01:48
To say hard side. 01:01:56
Hardy board. Party board. Metal. Yeah, something hard. It's hard sided, maybe. 01:01:59
I'm just, I'm talking through it. I mean, just, I mean, in this particular case, though, is the public going to see it? 01:02:05
Yeah, I think so. And they're going to, I think they're going to see that over the top. 01:02:12
I mean, it's going to be visible. 01:02:18
So. 01:02:20
You know every time I read about that service. 01:02:23
I have a hard time facing myself, you know? I mean, it's like, I wish I'd done something different, so. 01:02:26
I mean, I'm trying to, I'm asking before I do the ballot. It's just if you if you guys have some, some input on that before I I go 01:02:32
any further. So. 01:02:36
First, let them put whatever they want to put on it. I don't have problem. 01:02:41
OK, All right, 10/4. 01:02:46
All right, all right. 01:02:50
All right. Thank you, Nick. 01:02:54
Thank you folks. So we have heard from the applicant. 01:02:56
I still have to ask the question, since we're going through the agenda. Is there anyone else here this evening that would like to 01:03:00
speak in favor? 01:03:02
Of this request. 01:03:06
OK, I see your head. 01:03:08
Is there anyone here this evening that would like to speak in opposition to this request? 01:03:10
Seeing none. 01:03:16
And given the conversation we just had, is there anything else you guys would like to add to the discussion about the exterior, 01:03:18
that interior? OK, Then we will close this section, the public comment section of our meeting, and we will move to a ballot. Do we 01:03:24
have a ballot? Yes, we do. OK. 01:03:29
All righty, this is docket FC11-2446, positioner named Aqua. 01:03:36
Indiana. 01:03:44
After Kerfoot review, the Board finds that the special exception will not be endorsed to the public health, safety, morals and 01:03:45
general welfare of the community because the project will facilitate the operation of the utility. The structure will be built in 01:03:52
a pivotal building code and not create any physical hazard to the nearby properties. The use and value of the area #2 The use and 01:04:00
value of the area adjacent to property subject to special exemption will not be affected in a substantial adverse manner. 01:04:07
Because the proposed site is located location of a wastewater treatment plant with utility structures, additional an addition of a 01:04:16
small office building will not significantly alter the use of the property. 01:04:22
The knee #3 The need for the special exception does arise from some condition particular to the property involved because the use 01:04:30
is a legal non performing use since it was constructed before current zoning restriction applied #4 The strict application of the 01:04:37
terms of the Floyd County zoning arts will result in unnecessary hardship. The use of the property because the expansion of the 01:04:44
legal non conforming use requires a special exception approval. 01:04:51
#5 the approval of the special exception will not. 01:05:00
Contradict the goals and objective of the Foley County Comprehensive Plan because the approval will support the operation of 01:05:03
utility providing infrastructure to the community. 01:05:07
The board of Sonia. 01:05:14
Appeals Hereby grants the positioners special exception. 01:05:16
Meeting held on the 13th day of January 2023, 2020 20/25/20. 01:05:21
I went backwards January 2025. 01:05:29
The approval of the Board is subject to the. 01:05:35
Completion of the following conditions. 01:05:37
All right, the exterior of the proposed structure shall be aesthetically appropriate for the residential subdivision. Residential 01:05:41
neighborhood. 01:05:45
Letter dated and and she'll they the applicant should. 01:05:49
Adhere to the letter dated that they sent on one 8/20/25. 01:05:53
That's my ballot. 01:06:00
OK, we have a ballot. Do we have a second? 01:06:02
I'll second. 01:06:04
OK, we have a a ballad and a second. Any other discussion or comment on the ballot is proposed. 01:06:05
Seeing none all those in favor signify by saying aye. Any opposed like sign motion passes. 01:06:12
Thank you gentlemen, for your patience this evening and coming back again. 01:06:18
OK, moving on with our agenda this evening. 01:06:24
We have will move from old business into new business and I think. 01:06:29
Oh, I'm sorry, can we address? We do need your address. Another thing on the old business. 01:06:34
Items 345 and six, That's FC 112449112450112451. 01:06:39
Two were tabled from last meeting. 01:06:48
Those were development standard variances related to special. 01:06:51
Exception request by Jake Elder The Elder company special exception was denied. There was some. 01:06:56
Lack of clarity on what to do with the remainder. 01:07:06
Development standards variances or whether they should be withdrawn or tabled. I did speak with Mr. Elder prior to his submittal 01:07:08
of those applications and warned him that if the special exception was not approved then. 01:07:16
The development standard variances would not be able to approve. He understood the risk there and and chose to apply anyway. 01:07:24
So at this time I believe the appropriate thing would be to dismiss those items rather than table indefinitely. OK. 01:07:33
So just for clarification, originally at the meeting he said he was interested in withdrawing them, then was interested in trying 01:07:43
to see if he could table them. 01:07:48
If that's the direction the Board takes, that if no person appears on behalf of the petition, which Mr. Elder is not here this 01:08:24
evening, then the petition may be continued until the next regular meeting or dismissed at the discretion of the board. Then 01:08:31
there's a B section where if there's no action for 90 days unless good causes shown, you guys can dismiss as well. 01:08:37
So but his feast does he his fees. If it gets dismissed or withdrawn he'd have to repay. He'd have to re bring all those things 01:08:45
again so he don't get a refund. 01:08:50
No, I mean it sounds like Nick had that conversation with him and maybe even discussed just bringing the first agenda item. 01:08:56
I think a special exception is that correct before bringing the the developmental standard variances and he chose to submit them 01:09:05
all at one time. So we just need a motion to dismiss or whatever is what we not a ballot, correct. You could either table another 01:09:10
months or dismiss. 01:09:15
So 2 year olds. I think at this point he has not shown it was table from last month to this month. 01:09:21
Be any more conversation since. 01:09:26
There on this. 01:09:29
I think he ought to be contacted in case he had another plan. I'd hate to see him lose that money and he's got 90 days. It's a lot 01:09:32
of money. 01:09:36
The issue you have I mean, I guess. 01:09:40
I would rely on Nick but his special exception. 01:09:43
Was denied. He has to now wait a year to bring that back before the board again. So these are these. 01:09:47
These are useless, right? Right. The variance that the applications for the variances are for a use that's not allowed. 01:09:53
So if he had another special, had something else that wasn't allowed and he wanted to come before us, he can't for a year or just 01:10:03
for this particular item that he came in for, it would have to be substantially changed. I think he could bring in a separate 01:10:10
special exception. Well, that's what I was thinking about. 01:10:18
And then use that others. But we would still need to submit new applications because the site plans would be. 01:10:26
Different and everything OK. I think staff put it in a lot of work to review these, put together staff reports. 01:10:33
And to do it all again, he should pay again so he can't find another piece of property and use these on that other piece of 01:10:41
property. He has to use it on this property in the earliest that he can do that is one year because, well, these standards 01:10:47
variances were all applied to the Tide Drive too. 01:10:53
I mean, that was his engine, the rest of it was a train. There's nothing to pull again. So I mean, if he asked for a different 01:11:02
special exception on that property, different use. 01:11:06
These would not support. These were in support of that use that he was requesting at that time, correct? 01:11:11
OK, so I understand. So I'll make a motion that the board withdraw, dismiss, dismiss. 01:11:17
FC 11/24/49. 01:11:25
FC 112450. 01:11:29
FC 112451. 01:11:31
FC 112452. 01:11:34
I second. 01:11:39
OK, we have a motion and a second. 01:11:41
All those in favor signify by saying aye aye. Any opposed like son that passes. 01:11:43
OK. Anything else under old business that it will be off? OK, moving to new business? 01:11:50
Staff requests to table this item. 01:11:58
The applicant. 01:12:01
Is going to provide some additional information. 01:12:03
Site plan. 01:12:07
There are some ambiguous ambiguity regarding the property line. 01:12:09
That needs to be clarified. 01:12:14
It says staff requested table until the February regular but. 01:12:16
OK, any questions? Make a motion. We table FC 12/24/53 until the February regularly scheduled for zoning pills meeting. 01:12:23
I'll second it. 01:12:34
OK, we have a motion and 2nd all those in favor signify by saying aye. Any opposed like sign. 01:12:35
Thank you. Is there anything else to come before us, Nick or Christy? 01:12:42
Any other board members? 01:12:46
OK, I'll entertain a motion to adjourn. So move second. All favor signify by second. 01:12:48
Thank you, Officer. 01:12:55
Now when I was talking, did I say yards or feet? 01:12:57
Did I say yards or feet when I was getting? 01:13:03