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A copy in front of Mr. White for signature approval. 00:00:00
So so with that. 00:00:03
Items that I have in my possession right now, we will need to. 00:00:06
Approve this so that we can all sign it so. 00:00:10
I would entertain a motion to approve this. 00:00:13
Agreement that we requested in our last meeting. 00:00:16
As a condition of that approval. 00:00:20
That's the hold harmless it is. And just for the record, I did draft that. We left blanks for the property owner and applicant to 00:00:22
fill in. They filled that in. 00:00:27
They actually did not use the most current version that I sent them, just from a signature standpoint, so the one in your file. 00:00:32
Said commissioners by mistake. I had updated that. 00:00:39
So I've now updated again. 00:00:42
We will take their two signature pages and add them to the 1st 2 pages there. But I had actually drafted that. 00:00:44
Right. I'll make a motion to approve the consent and invitation and hold harmless agreement. 00:00:50
OK. We have a motion. Do we have a second I second to? 00:00:55
Any other discussion? 00:00:59
Seeing none, all those in favor signify by saying aye. 00:01:01
Any opposed like sign that motion passes and. 00:01:04
We will all need to sign this SO. 00:01:07
You will sign it and we'll move on so. 00:01:10
Moving from old business into new business the 1st. 00:01:14
Agenda item this evening sunglasses are messing up, so indulge me. Well, first agenda item this evening's FC-03-25-26A Development 00:01:18
Standards Variance 06. 00:01:24
Oh, the agenda has 26. It should be 06. So I do. Thank you. 00:01:30
I stand corrected FC-03-25-06. 00:01:36
Nick, do you want to give us the staff report? 00:01:40
I'm sorry. 00:01:44
Introduced I'm not sure I've introduced our new staff planner, Ray Devaya. 00:01:46
Is the new staff minor? He's prepared, the staff reports tonight and. 00:01:51
Hello everyone. 00:02:01
First item on the agenda is FC-03-25-06. 00:02:03
Petitioners Anthony World. 00:02:09
Location is 8120 Corn Ridge Rd. Waynesville, Indiana 47136. 00:02:11
Request. 00:02:16
The applicant is requesting a development standards variance for the placement of an accessory structure. 00:02:19
In front of the primary structure. The structure is a 4 to 1 by 51 stick bar. 00:02:23
With a height of 23 feet. 00:02:27
The applicant indicated that it will be used to storm his vehicle for vehicles and his proposed be placed adjacent to the existing 00:02:29
driveway. 00:02:33
It's zoned Arkansas. 00:02:36
I'll go ahead and get into it. 00:02:41
Our ordinance states that necessary surgery shall be located to the rear. 00:02:45
Or side of the primary structure unless otherwise permitted. 00:02:50
In this ordinance. 00:02:53
Section structures used for barns and private garages may be allowed in front of the primary structure and they are district with 00:02:56
five acres. 00:02:59
Or greater. 00:03:02
Barns and private garages shall meet front set back requirements for. 00:03:03
Primary Structures. Primary structures be located on a parcel with an existing legal, not conforming accessory structure. 00:03:07
May be located to the rear of the existing legal conforming accessory structures. 00:03:14
The current primary structure is located near the rear of the property. 00:03:19
Closer to the northwest western portion of the lot. 00:03:23
The lot is 2.36 acres and is assessed by a drive connecting the Corner Ridge Rd. 00:03:26
Primary building is set back 363 feet from the road, while the accessory structure the position 75 feet from primary building and 00:03:30
247 feet from Horn Ridge Rd. 00:03:34
Adjacent Properties The surrounding properties are also zoned agricultural residential. Single family residences occupied the 00:03:40
properties regularly to the north, east and South. 00:03:43
All the property to the West is used as a pet grooming and boarding facility. 00:03:48
The applicant had commenced construction of the accessory structure prior to being issued a building permit, which resulting in 00:03:52
staff issuing a stop work order. 00:03:55
Currently the concrete slab for the stick barn. 00:03:58
Wood framing has been erected. 00:04:01
The stick barn is large enough that it obscures large portion of the primary structure. 00:04:02
Our zoning orange defines an accessory structure as a building per use of ordinate to another. 00:04:06
Structure or use located along the same lot which does not change or alter the character of the premise and which is not used for 00:04:11
human occupancy. 00:04:14
Public utility communication, electric, gas, water and sewer lines. 00:04:17
That supports an incidental. 00:04:22
Equipment. 00:04:24
So the placement of the proposed accessory structure in front of the primary structure will make the primary structure subordinate 00:04:25
to the accessory structure. 00:04:28
As it does not take precedence. 00:04:32
In appearance, the placement and visibility of the accessory structure overshadows the primary structure. 00:04:34
Applicant received site approval for the structure as well As for shed, which is slightly larger than the stick mark, 40 feet by 00:04:39
66 feet. 00:04:42
Health department staff asked after asking why he did not or could not place the stick warrant. 00:04:45
Where the shed is to be located, he stated that he intends to use the stick barn for. 00:04:50
Storing his vehicle. 00:04:54
Cannot place it there because underground safety lines. These are the proper primary structure would prevent him from laying 00:04:56
gravel for the driveway. 00:04:59
Staff spoke with Nicholas Hogg with the Floyd County Health Department. He confirmed that any extra compaction such as gravel or 00:05:03
asphalt. 00:05:06
Top Pacific lines could lead to unnecessary action, impossible failure. 00:05:10
Mr. Hogg stated that as long as the State Farm was not placed atop the septic lines, moving the structure should not be a problem. 00:05:14
Seeing that the applicant had already commenced construction of the structure before going through the proper channels, this is a 00:05:19
self-imposed hardship. 00:05:22
A stick barn is more of a desire rather than necessity for the applicants use of the property, especially considering that they 00:05:26
seem to have adequate sway space for parking the vehicles in the driveway. 00:05:30
So I'm not going to. 00:05:34
Number one, the approval will not be injurious to the public health safety rules of general welfare of the community. 00:05:40
The location of the structure in front of the primary structure when I inhibit the provision of emergency services to the existing 00:05:45
structure or neighboring properties. 00:05:49
To the use of value in the area adjacent to the property included and the variance will not be affected the substantial. 00:05:53
Substantially adverse. 00:05:58
Although the use may remain unchanged. 00:06:00
The stick barn would obscure a significant portion of the home, potentially impacting aesthetic and character, which could in turn 00:06:02
negatively affect neighboring property values. However, a large stick barn could increase the properties value as well as that of 00:06:07
surrounding properties if placed in a more suitable location. 00:06:12
#3 The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. 00:06:17
Zoning ordinance permits garages and barns in front of Primary church properties zone Arkansas if they are 5 acres for greater 00:06:23
this parcel is less than half of that. 00:06:27
Henceforth. 00:06:31
The practical difficulties are. 00:06:32
One lateral line placement superior the placement of the structures this side of the primary structure. 00:06:33
To the property does not meet the minimum. 00:06:38
Acreage requirements to have the stick, warned police and from the primary structure. 00:06:40
Three, the eastern portion of the home does not have outward space to accommodate the structure. 00:06:43
And for a state in the application applicant. 00:06:48
Cannot build at the rear of the property due to flooding and limited space. Furthermore due to the stick barns intended useful 00:06:50
garage or for car storage. 00:06:54
There would be inaccessible due to septic lines preventing gravel from being laid. 00:06:59
Because the applicant intensive storage vehicle inside of the structure and space is limited due to septic lines east of the 00:07:03
property or east of the driveway. 00:07:07
And flooding at the rear of the lot. The only feasible location for the structure is near the front of the property. 00:07:10
The variance does not involve the structure that is near. 00:07:16
Airstrip and regulated under Indiana Code 8-21-2. 00:07:19
So staff recommendations are relocate the stick barn South of the step appliance to prevent. 00:07:24
Securing the primary structure, ensuring it meets only Wardens restrictions. 00:07:29
Provide site plan with a new location. 00:07:33
Maintain wooded or vegetative screening of Stick Martin from Cordon Ridge Rd. 00:07:35
And provide side approval. 00:07:39
For construction of new locations from the Floyd County Health Department to ensure it doesn't interfere with. 00:07:41
Set declines. 00:07:46
Got a question the? 00:07:49
The height of 23 feet is that the total height of the building? Is that the? 00:07:51
The Eve peak. 00:07:56
Peak. OK, All right. 00:07:58
Any other questions for staff? 00:08:01
Thank you, Rick. 00:08:05
OK, is the applicant or representative for the applicant here? 00:08:08
If so, please come forward and state your name and address for the record. 00:08:11
Anthony Barrel, 8120 Cordon Ridge Rd. Lanesville, IN 47136. 00:08:16
OK, Mr. Barron, you've heard the staff report this evening. 00:08:22
Would you like to share any other thoughts or comments? Yeah, I discussed it with him in regards to moving it up on the hill. 00:08:26
And where he said he would like to have it. 00:08:33
It would be another 100 feet away, just 100 feet. 00:08:36
That 100 feet will cost me $135,000. 00:08:40
Because in order for the. 00:08:43
Building to be moved. 00:08:45
That Hill's got to be cut out, cut down major excavation work. 00:08:47
Poured walls, poured floor. 00:08:51
And that's not a good and gravel. 00:08:54
So the cost of this thing to do this? 00:08:56
Is going to be way above my pay grade. 00:08:59
So. 00:09:02
For the last 30 years that I've lived there. 00:09:04
I went without this building. 00:09:07
And I mean, I want to put it up because the hail damage that we just had, I just lost $75,000 worth of automobile insurance 00:09:10
claims. 00:09:13
I want my garage. 00:09:19
But I can't put. 00:09:20
$130,000 to put it up on a hill. 00:09:22
Let alone the fact that I'm going to have to walk. 00:09:25
100 yards out to it. 00:09:28
And 100 yards back. 00:09:29
To do to go to work. 00:09:32
So it's not it's not feasible. 00:09:34
In my eyes to put it up on the hill. 00:09:38
The flooding that I have to contend with that goes through there when we have heavy rains. 00:09:41
And I don't know if he'd give you pictures. He showed you pictures. 00:09:46
I mean, I deal with that. 00:09:49
But I mean it's. 00:09:51
I don't want to get, I don't want to put this thing up there and then I still got to walk through the mud and the water to get up 00:09:53
to my garage to go to work. 00:09:57
So it's not. 00:10:00
That's not feasible to do that. 00:10:02
I'm confused where you're trying to say you're. I'm sorry. I can't hear you. My hearing is gone. Welcome here, man. Get your 00:10:04
button. 00:10:07
It's on green. So where are you? Where are you saying you you would have to dig. They would have to cut this whole hill out. And 00:10:11
these are. 00:10:14
Mature grown trees. I've grown them. 00:10:18
For the last 30 years so I don't want to cut out my mature tree. 00:10:20
But they want to start it. 00:10:24
Right here, it's 100 yards. 00:10:25
100 feet from the corner of that building to the corner where they would start the other. 00:10:28
And this would all have to be all cut out landscape. Well, the way he's with the way he's worded what I've got, it just says it 00:10:32
has to be South of these lateral lines. 00:10:37
He's not saying it has to be all the way up here. It could be right in here. 00:10:41
Well, I can't. If I put it right here, that's right in where that major flooding comes through with the river. 00:10:45
That's why I said I'm kind of landlocked with all the water. 00:10:51
I thought the water issue was back here in the back. 00:10:54
I don't want my phone on me. You got the pictures? I've seen the water pictures. Yeah. That all comes from this backside off of 00:10:58
this hill and that all runs down and washes all down 3 here. That's why it runs right like that. Could could you sketch on that? 00:11:02
Where the. 00:11:06
Could you sketch on that where the water runs? 00:11:11
I'm sorry, could you sketch on? 00:11:13
Sketch on that diagram where the water. 00:11:16
That's why I put in the additional catch kit address. 00:11:25
Underneath the driveway because it's washing it out so many times. 00:11:28
I mean, I'm. 00:11:33
Can you go back to the microphone now please? Sorry. 00:11:34
Where's this water at? But that's why I put in that big catch pit. 00:11:39
And it was full the other day when we got the water. 00:11:43
And a secondary one. It was used before. 00:11:46
It it was kind of when it was originally put in, it was put in the wrong place. 00:11:50
But even it. 00:11:54
Caught a lot of water too. 00:11:56
So that's where I'm at with it. 00:11:59
Other questions? 00:12:10
Mr. Barrel. 00:12:11
Why is a? 00:12:13
How come they? 00:12:14
The slab for the new building is not parallel. 00:12:15
I can't hear you. Why is it not parallel to the house? 00:12:18
Because that's where you got to state the microphone, sorry. 00:12:21
If I put it parallel with the house, it's going to be right in the middle of top my ladder roll it lateral line. 00:12:24
And it's going to be if you put it off to the side. 00:12:30
Up on the property line, I'm still going to deal with the water drain off that runs through there. Well where it is now, but it's 00:12:33
it's kind of twisted. We had a cornered it to get the most out of it we could get. 00:12:39
And I can still sit in my living room, watch, watch my front yard. 00:12:44
That's what he's ******** about. 00:12:48
Have to dig in those hillside. 00:12:49
Well. 00:12:53
So basically the water that you're talking about is flooding comes down to driveway, is that correct? It comes through the yard 00:13:01
and floods across here right there at the base of that turn around where you can see the cut out. 00:13:07
But to the right. 00:13:16
To the right hand side of the property, standing on on the road. 00:13:18
If you would place that, that would be in the floodplain. 00:13:22
It's the higher ground. It's higher. You just, you just said you had, you just said you had to cut it down. So if you have to cut 00:13:26
it down, that's higher ground. 00:13:30
Yeah, I got. 00:13:34
Here's the 12 foot 14 foot difference from. 00:13:37
Where the driveway is, you'd be going up like this. 00:13:40
Well, we were out there today. It's not that steep and we were there today, it's not that steep. I think the the barn can be 00:13:43
relocated to the area. 00:13:48
Without a lot of difficulties. So it's going to take a lot of difficulties and a lot of money. 00:13:52
Well, money is not our issue on the board, OK, We don't take a look at that. We don't make a decision where you. 00:13:58
Put your building and how much money you spend. That's your decision to build a building, not ours. We approve the location where 00:14:05
you put it, and that's what we're here for. 00:14:09
To put it up on that hill is not cost effective #1. 00:14:14
And #2 I'm still going to have to walk through. 00:14:19
And contend contend with the water that when it floods through there. 00:14:22
To get to the call. 00:14:26
Mr. Barry. All right, I have a question. 00:14:28
Can you help us understand? 00:14:32
How you got so far along in the construction process before you requested a permit? 00:14:34
Well, I requested, I went to the health department and I got approval because I was told to do that. 00:14:39
And then the gentleman, the health department, I never done this before. 00:14:45
I never done this building anything like this before. 00:14:49
And I put this concrete pad in. 00:14:52
With the intentions of I needed additional parking. 00:14:56
And that's why I did it, because I did not have parking. 00:15:00
So I put the pad in when I put the pad. 00:15:03
Had and I overbuilt the pad. 00:15:05
And I exceeded what? 00:15:07
Codes would require because I thought well maybe later on. 00:15:09
If I end up doing something with this, it would be ready not so I'm going to. 00:15:13
But say maybe I do. 00:15:18
Well, I didn't know that I had to have a building permit. I thought it was a one stop shop. 00:15:20
And when the guy says no, you're good, we're good with it, I said OK. 00:15:27
So the guy had an opening to put up the barn. 00:15:31
And I said, well, I got the permit for this. 00:15:35
I don't know if anything else. So I started and that's what happened. 00:15:39
There was a communication issue. 00:15:42
Because the health department didn't tell me. 00:15:45
You got to go to the building department. 00:15:49
The building department. 00:15:51
Is over here on the other side of town. Everybody said go to the health department, get your permits. 00:15:52
So that's where I went. 00:15:57
So do you have someone building this for you or you? I have it. I have a contractor that started this. 00:15:58
And then he said you have your permits and I was under impression I did. 00:16:05
That's when he started, that's when they got and then I got a notice of stop work immediately and. 00:16:09
Threw their guys into the tailspin area and. 00:16:15
The whole deal and. 00:16:18
And that's where it's been standing now for the last. 00:16:19
48 days. 00:16:22
It's just basically the stick structures and it's not a pole barn, it's an actual stick structure. 00:16:25
And it's just temporarily. 00:16:32
You know. 00:16:34
Up there. 00:16:36
So it's waiting for trusses and. 00:16:38
Outside material and then it would be. 00:16:40
OK. It would be pretty well done. So when was the first time you you were made aware that? 00:16:43
That you needed. 00:16:49
The date that I got the violation. 00:16:52
No, no, it's OK. We're we know when that was. I just wasn't sure trying to clarify. 00:16:54
That's when the building, the people come out and give me a stop, work immediately and. 00:16:59
Sent people home and. 00:17:04
Or I come down here and found out what I had to do, what I. 00:17:06
That's why I did. 00:17:11
Stop right there, OK? 00:17:12
Is there any other questions from the board? 00:17:15
When I was out there today. 00:17:18
I saw it. 00:17:20
Looked like some kind of construction equipment in your shed and a big auger over on your side. 00:17:22
Those are not mine. 00:17:28
They're not yours. Those are not mine. 00:17:29
Those are my boys. They're not mine. I don't. I'm an aircraft inspector for EPS. 00:17:32
That's those are not mine. 00:17:36
So. 00:17:38
You're not currently are planning to run a business out of this building? 00:17:39
No. Any answer to that is no. 00:17:44
I want a boat. 00:17:48
By the way, so. 00:17:49
I want to vote, Sir. I want to go fishing. We'll give you chase. Speak in a minute. 00:17:51
OK. 00:17:56
I have no other questions. 00:18:01
Any other questions for the applicant? 00:18:03
Thank you, Mr. Barrow. 00:18:05
Thank you. 00:18:07
OK. So we've heard from the staff, we've heard from the applicant. 00:18:09
We're going to close those commentary sections of the meeting and go to anyone else here who would like to come forward and speak 00:18:13
in favor of this request this evening. 00:18:17
Please come forward, state your name and address for the record. 00:18:22
How's everybody doing tonight? 00:18:26
My name is Michael Merrill. I'm the son. 00:18:28
Of Anthony Barrel here. 00:18:31
My father, he's wanting to put up this. 00:18:33
Building. 00:18:36
State your address first, please. 425 Hummingbird Heights, Cordon, Indiana. 00:18:37
So I grew up in that house. So I grew up, moved away quite some time ago. 00:18:46
My father the only reason why he built this garage and obviously there was miscommunication with the. 00:18:51
Contractors and whatnot. 00:18:57
The main was. 00:19:00
He got cancer over a year ago. 00:19:01
And he's been an aircraft mechanic his entire life. 00:19:04
He bought a bass boat. 00:19:08
As his retirement. 00:19:09
That is what the man wanted, was Basspoke. 00:19:11
They wanted that building next to this house so he could place his boat into this building. 00:19:14
He didn't want it out too close to the road. Obviously it's a very. 00:19:18
Expensive bass boat. 00:19:22
He wanted it there where he could go out to it. 00:19:24
He has a handicap. 00:19:27
And he can only walk so far. His knees have already given out on him. 00:19:29
He put a back door where this location is. 00:19:34
On this building so he could go into it and easily access it. 00:19:37
And walk back out. 00:19:41
You know, with the equipment, those the skid steers, the excavator, those are mine. It's just I'm in the process of locating a or 00:19:45
a. 00:19:49
A place to rent? 00:19:53
To put this equipment. 00:19:55
Those are all mine so. 00:19:56
But no business of any sort ran out of there. 00:20:00
Majority time there's nobody home. Be honest with you. 00:20:04
So. 00:20:07
But like you guys. 00:20:10
Thank you. 00:20:12
Anyone else here this evening to speak in favor of this request? 00:20:14
Seeing none, we will close that section of the meeting and we will open the microphone up to anyone who would be here this evening 00:20:19
to speak in opposition. 00:20:23
Is there anyone here that would like to speak in opposition to this request? 00:20:27
OK, seeing none. 00:20:33
We will. 00:20:36
Close the public comment section. Do we have a ballot? 00:20:37
Yes, I do have a ballot. 00:20:42
Development standards variance balance. Floyd County Board of Zoning Appeals, Docket FC-03-25-06. 00:20:47
After careful review, the board finds that the approval of the variance will not. 00:20:56
Be a jurist to the public. 00:21:01
Health, safety, morals and general welfare of the community because the location of structure is. 00:21:03
In front of the primary structure? Well, not. 00:21:09
Have it the provisions of emergency services. 00:21:12
To the existing structure neighboring properties #2. 00:21:16
The use and value of the area adjacent to the property included in the variance will not. 00:21:20
Be affected in substantially adverse manner because. 00:21:26
Although the use. 00:21:30
Although the use, excuse me, may remain unchanged, the stick barn would obscure a significant portion of the home, potentially 00:21:31
impacting. 00:21:36
The aesthetics and character, which could in turn negatively affect neighboring property values. 00:21:40
However, a large stick barn could increase the property's values as well as that of surrounding problems it placed in the more 00:21:45
suitable location. 00:21:50
The strict application of the terms of the zoning ordinance will. 00:21:54
Result in practical difficulties in the use of the property because the zoning ordinance. 00:21:57
Permits, garages and barns in front of. 00:22:03
Of a primary structure for property zoned Arkansas if they're. 00:22:05
5 acres or greater. 00:22:09
This parcel is less than half of that there henceforth. 00:22:10
The practical difficulties are. 00:22:13
Lateral line placement, perhaps the placement of the structure to the side of the primary structure. 00:22:16
The property does not meet the minimum acreage requirement to have the stick barn placed in front of the primary structure. 00:22:21
The eastern portion of the home does not have adequate space to accommodate the structure. 00:22:27
As stated in the application, the applicant. 00:22:32
Cannot build. 00:22:34
At the rear of the property due to the flooding and limited space. 00:22:36
Furthermore, due to the stick Barnes intended use for car stores, the area would be inaccessible due to septic lines preventing. 00:22:39
Gravel. Gravel from being laid. 00:22:48
Because the applicant intends to store his vehicles inside of the structure and space is limited due to septic lines east of the 00:22:51
driveway and flooding it through the lot, the only feasible location for the structure is near the front of the property. 00:22:58
The variance. 00:23:07
The variance does not involve a structure that is near an airstrip and regulated. 00:23:09
Under the code. 00:23:14
8-21-10 There is not an airstrip in the vicinity. 00:23:16
The zoning Board. The Board of Zoning. 00:23:21
Appeals hereby denies. 00:23:24
The Petitioner. 00:23:27
Variance on the meeting held on the 14th day of. 00:23:29
April. 00:23:33
2025. 00:23:34
The approval by the Board is subject to the completion of the following conditions. 00:23:36
Relocate the stick barn South of the septic lines to prevent obscuring the primary structure. 00:23:43
Ensuring it meets zoning ordinance restrictions. 00:23:48
Provide site plan with new location. 00:23:52
Maintain wooded or vegetation vegetative. 00:23:55
Screening of stick. 00:23:58
Stick Barn from Cordon Ridge Rd. 00:24:00
Provide site approval for construction of new location from the Floyd County Health Department. 00:24:03
To ensure. 00:24:08
It doesn't interfere with the septic lines. 00:24:10
That's my ballot. 00:24:13
So just for a point of clarification. 00:24:15
You actually are wanting to grant the variance request and that you're going to allow him to. 00:24:17
Build it in front of the primary structure, but with the condition that it be relocated further east. 00:24:23
And yeah. 00:24:30
You're correct. 00:24:31
You are correct. 00:24:33
Thank you. Thank you. 00:24:35
Yeah. 00:24:37
I'll second that motion. 00:24:38
OK. So we have a ballot and we have a second. Do we have any other questions? 00:24:40
Of the board. 00:24:44
OK, see none. All those in favor signify by saying aye. 00:24:47
Any opposed like sign? 00:24:50
The motion passes. 00:24:52
Passes. Thank you folks. 00:24:53
I did. 00:24:56
OK. 00:24:59
You have to move the building. 00:25:03
We're going to move on. 00:25:07
While they're having their side discussions, so second agenda item this evening is FC-03-25-07. 00:25:08
Another development standards variance and I believe Ray is going to come forward and give us the staff report. 00:25:18
The petitioners. 00:25:25
Martha Edelman. 00:25:26
Location is 3421 Georgetown Regal Rd. Georgetown, IN 47122. 00:25:28
Applicant is requesting oh sorry it's zoned agricultural residential AR. 00:25:35
The applicant is requesting the development standards variance to replace our existing manufactured home with a new one that is 00:25:39
smaller than the minimum required 950 square feet. 00:25:43
The post structure will be 840 square feet will be built on the same footprint as the previous home. 00:25:48
Lot is 6.92 acres and is accessed by a drive connecting to Georgetown Greenville Rd. 00:25:53
The home is obscured and is situated further down the road than the primary modular home which lots of applicants son. 00:25:58
Water hookup acceptable remain the same. The sewer line will also be. 00:26:04
Connected to the existence you're on. 00:26:08
The applicant said that she had been living in the home since 1980 and that their current home is 50 years old. 00:26:11
Dilapidated, it'll be costly to repair. She's proposing building a new home. 00:26:16
Adjacent Properties All surrounding properties are also zoned AR. The properties to the West, South and N are single family 00:26:20
residences with the church located further West of the home adjacent to the property. 00:26:25
I'm going to go to the narrow statements. 00:26:31
The approval will not be injurious to the public health, safety, morals and general welfare of the community. The replacement will 00:26:34
have no. 00:26:37
Negative impacts. 00:26:40
The use and value of the area adjacent to the property, including the variance, will not be affected in the substantially first 00:26:42
manner. 00:26:45
Replacement structure will likely increase the value of their and adjacent properties as applicants stated that the current 00:26:48
structure is dilapidated and any different repairs for replacement. 00:26:52
The strict application of the terms the zoning ordinance will result in practical difficulties. 00:26:57
In the use of the property, Arkansas development standards prohibit structures with a minimum ground floor area of less than 950 00:27:01
feet. The proposed structure is about 110 feet smaller than that. Thus, the practical difficulties that she will be, she will not 00:27:06
be able to replace the deteriorating structure. 00:27:11
At the strict application of the terms of the zoning ordinance are applied and the owners on the fixed income and she needs in 00:27:15
their own. 00:27:19
There's not a nurse trip in the vicinity. 00:27:22
And there are no staff recommendations, but I didn't know that the BCA has previously approved the similar application. 00:27:25
FC-03-24. 00:27:31
Dash 06, at which the applicant requested the developments. There's variance replacing dilapidated manufacturing home with a new 00:27:34
one that was smaller than the minimum required. 00:27:37
50 square feet. 00:27:42
OK, so we have. 00:27:46
Heard from staff, any questions? 00:27:47
OK. 00:27:51
We will move right into the next phase. Is the applicant or representative of the applicant here? 00:27:52
If so, please come forward, state your name and address for the record. 00:27:58
Martha. 00:28:05
3421 Georgetown Greenville Rd. 00:28:06
Georgetown, IN. 00:28:09
All right, miss you and thank you for being with us this evening. 00:28:11
I think what you're asking for seems pretty. 00:28:15
Cut and dry. Is there anything else you'd like us to know or we need to know about your request? No, I just don't pray I get it. 00:28:17
Do any of the board members have any questions from this evening? 00:28:24
What's the timing? What what do you see the timing when we? 00:28:28
Forgetting this, Yeah. When? When will the work take place? When you swap it out? 00:28:32
When you are approved me and I get the building permit. 00:28:36
The Joe from Clayton's is here with me also. So your intent is to go right along with it right away? Yeah, OK. 00:28:40
Any other questions? 00:28:48
Thank you, Miss Eagle. 00:28:51
Thank you. 00:28:52
OK. We've heard from the applicant. Is there anyone else here this evening that would like to come forward to speak in favor of 00:28:54
this application? 00:28:57
Come forward, state your name and address for the record. 00:29:00
I'm Joker with Clayton Homes. 00:29:02
And one of the main things is with calls at home to dilapidate, it's it's got moisture underneath of it. And we get that over now 00:29:06
everyone build that ground up. 00:29:10
Put proper foundation under. It needs to be underneath there. 00:29:14
Needed me to go to structure. 00:29:17
Vinyl home vinyl windows. 00:29:20
I love the woman. Get done. 00:29:22
All right. Any other questions for Mr. Crew? 00:29:26
Thank you, Mr. Crew. You're welcome. 00:29:30
Is there anyone else here this evening would like to speak in favor of this? 00:29:33
Come forward and state your name and address for the record. 00:29:37
I'm James Irvin, 3411 Georgetown, Greenville Rd. Georgetown, IN. 00:29:40
I'm her son. I live right front over. 00:29:45
I didn't. I didn't hear no dates on this house, but. 00:29:48
They put this house here in 1989. 00:29:50
And it was at least 15 years. 00:29:53
For that so. 00:29:55
Definitely got the money's worth out of it. It's time for that one to go. 00:29:57
Sure, we're done. We replaced all the floors and it's time to start doing it again. 00:30:01
We've shipped the roof twice. 00:30:06
Needs updated by. 00:30:09
So that's how I didn't hear no day. So I just wanted to know the age of this. I was just in the 70s. It was born when I was. 00:30:10
Thank you. 00:30:19
Is there is there anyone else here this evening that would like to speak in favor? 00:30:22
OK, we're close that section of the meeting we'll. 00:30:27
Open the floor up to anyone who would be here this evening to speak in opposition. 00:30:30
Seeing none, we will keep on moving. 00:30:35
Do we have a ballot? 00:30:39
I do. 00:30:40
OK, we have ballot from Mr. 00:30:41
Docket FC25-07. 00:30:44
Petitioner Martha Evelyn. 00:30:46
After careful review, the board finds that number one approval, the variance will not be interest to the public health, safety and 00:30:48
morals. 00:30:52
And general welfare of the community because the replacement will have no negative impacts on the community. 00:30:56
#2 the use and value of the area adjacent of property included in the variance. 00:31:00
Will not be affected in substantial adverse manner. 00:31:05
Because replacement structure will likely increase the value of the area and adjacent properties as the current structure is 00:31:08
dilapidated, in need of repairs or a replacement. 00:31:12
#3 The strict application of the terms of zoning ordinance will result in practical difficulties and use the property. 00:31:17
Because the applicant will not be able to replace the existing deteriorating structure if the strict application that turns the 00:31:24
zoning arts are applied. 00:31:28
The owner is on a fixed income and needs to be replaced. The deteriorate existing structure. 00:31:32
#4 The variance does not involve a structure. 00:31:37
That is near an airstrip and regulated under Indiana Code 8-21-10. 00:31:40
The Board of Zoning Appeals. 00:31:46
Hereby grants the petitioner of variance at the meeting held on the 14th of April, 2025. 00:31:49
That completes my ballot. 00:31:54
OK, we have a, we have a ballot. Do we have a 2nd? I'll second we have a ballot and a second. Any other questions from the board? 00:31:56
Seeing none, all those in favor signify by saying aye. 00:32:03
Any pose like son? 00:32:06
That motion passes. 00:32:07
Congratulations, enjoy your new place. 00:32:09
You're welcome. 00:32:12
OK, folks. 00:32:14
Moving on. 00:32:16
We have. 00:32:18
We don't have any other new business this evening. 00:32:20
But we do have a discussion item. 00:32:22
Give me one moment to sign this. 00:32:25
Nick is going to go over the discussion item this evening. Yes, this is just our annual review. 00:32:33
A little later than. 00:32:40
We'd like to have these out, but. 00:32:41
Out nonetheless. 00:32:43
Over 2024 building and development services. 00:32:45
Operations and activities. 00:32:49
We had 506 improvement permits in Floyd County last year. 00:32:52
Of which? 00:32:58
158 of those were new single family dwellings. 00:33:00
48 commercial or multi family. 00:33:05
Resulting in over exactly 1800 inspections. 00:33:08
The BZA and Planning Commission heard 58 applications. 00:33:14
So it's busier. 00:33:19
For everyone. 00:33:21
I think of note for that item is that we had 7 special exceptions. 00:33:22
Come through. 00:33:28
Which may indicate that we may want to make some updates to our ordinance. 00:33:30
Or the comprehensive plan. 00:33:35
Other than that, if you have any questions about these activities. 00:33:40
That's pretty good. You had Sherry out most of that year too, didn't you? And actually. 00:33:42
Sherry was out for. 00:33:47
About six months of that year. 00:33:50
And. 00:33:53
Ellie Lang, Building Commissioner. 00:33:53
Did most of the work we did hire. 00:33:56
Contract Larry Wallace, Who's Jeffersonville's. 00:33:59
Building Commissioner to assist. 00:34:03
With a few projects. 00:34:05
We did our best, I think. 00:34:08
Mostly the builders were satisfied once they understood that you had to get your requests in a little bit in advance. 00:34:10
But we are back. 00:34:19
On that note, though, Sherry is retiring. 00:34:21
She her last day will be April 24th. 00:34:25
So we will be putting out an ad for a building inspector quick. 00:34:30
Her last days, the 24th, you said. 00:34:37
She's been with the county over 20 years. 00:34:40
Wow, she did a good job. 00:34:43
That's for sure. 00:34:47
Wow. 00:34:50
No questions I can. 00:34:51
So were you suggesting we need to? 00:34:53
To look at some of these development standards to change anything or. 00:34:55
It just could indicate I think. 00:35:00
Is there any of them, I guess that that repeat. Yeah, yeah. I think it's worth looking and saying. What are these? 00:35:03
The set back ones we're not going to do much about that does come and go, but the special exceptions that request of a different 00:35:11
use on a property is worth looking at to see. 00:35:16
If our ordinance might be too restrictive. 00:35:22
Or or if we're getting a little too LAX with with issuing them, it's just worth. 00:35:25
Reviewing and. 00:35:29
And taking a second look at. 00:35:31
That's something that we need to be involved in. 00:35:34
We yes, I think part of the. 00:35:37
Yeah, OK. 00:35:45
You know, mothballed last year. 00:35:49
I think it's worth just just reviewing and making sure that. 00:35:53
Where Where we want to be OK. 00:35:56
I'd like to just Ray, you did a good job tonight, by the way. 00:35:59
Yeah, I know he's a little nervous. Bobby, my first one. 00:36:03
I second that you did a great job. 00:36:08
Anything else to come before the board this evening? 00:36:12
I guess, Nick, real quick, I guess we've got Ray. What other department? 00:36:14
Personnel changes have. 00:36:18
Taking place. 00:36:20
So raise new staff planner Kelly Lang, the building commissioner. His responsibilities were elevated to be more supervisory. 00:36:22
We have Sean Simpson. He came on in January. He's a new building tech. 00:36:32
Assisting Gabrielle and. 00:36:38
Kelly and Gray, with permitting. 00:36:42
He may end up going into that building inspector position. I think he's interested in that. 00:36:44
Who's that? I didn't catch that. Sean Simpson. He's planning tag. OK. 00:36:49
He's been doing a very good job. 00:36:54
So that. 00:36:56
Staff wise, that's where we're at. We are looking to hire. 00:36:57
A part-time code enforcement. 00:37:01
Officer to assist with code compliance. 00:37:03
Likewise to the Unified Development Code. Code compliance has kind of taken up a back seat last year with. 00:37:08
The short staffing. 00:37:14
So we would like to get back on that. 00:37:17
All right. Thank you. 00:37:20
There's nothing else to come before the board. I'll entertain a motion to adjourn. 00:37:22
I will make that motion. Second, all those in favor signify by saying aye, aye, we're adjourned. 00:37:26
Thank you guys. 00:37:34
Could. No, but I'm gonna ask you. It was cancelled. Yeah, it was cancelled. I'd like for you just when I go out in the parking 00:37:35
lot. 00:37:39
I'd like for you to be after her. 00:37:43
Because of what? 00:37:45
Yeah, we turned. 00:37:47
Yeah, the one we turned down, he could be mad. 00:37:49
Yeah. 00:37:53
The department. 00:37:59
Yeah, the commissioners passed it. 00:38:01
Commissioners being they weren't there, upset about the apartments, most of the media, the last meeting was there for the day. 00:38:03
Claxton. 00:38:10
Oh well. 00:38:12
That's why the apartments in the round. 00:38:13
Roundabout. I don't really think about apartments yet. 00:38:17
Little malware, so sometimes they go over here. 00:39:10
Vincent have taken a couple but most of them they don't like Monday there. 00:39:26
Yeah. 00:39:32
Yeah, there was something. 00:39:36
Yeah, yeah, they they'll if they think something's going to know, but they have, they put off the schedule all year. 00:39:38
And I pretty much took up. 00:39:45
They like to be able to leave that. Sometimes it does, you know, sit in my car. 00:39:50
But. 00:39:56
I just get so caught up. 00:39:58
Like to hurt, you know, get something on the Internet. 00:40:01
Yeah. 00:40:06
Yeah. 00:40:11
Like. 00:40:17
I need a permit, right? 00:40:43
Then he needs to do something. 00:41:41
So like. 00:41:45
And nevertheless. 00:41:46
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Transcript
A copy in front of Mr. White for signature approval. 00:00:00
So so with that. 00:00:03
Items that I have in my possession right now, we will need to. 00:00:06
Approve this so that we can all sign it so. 00:00:10
I would entertain a motion to approve this. 00:00:13
Agreement that we requested in our last meeting. 00:00:16
As a condition of that approval. 00:00:20
That's the hold harmless it is. And just for the record, I did draft that. We left blanks for the property owner and applicant to 00:00:22
fill in. They filled that in. 00:00:27
They actually did not use the most current version that I sent them, just from a signature standpoint, so the one in your file. 00:00:32
Said commissioners by mistake. I had updated that. 00:00:39
So I've now updated again. 00:00:42
We will take their two signature pages and add them to the 1st 2 pages there. But I had actually drafted that. 00:00:44
Right. I'll make a motion to approve the consent and invitation and hold harmless agreement. 00:00:50
OK. We have a motion. Do we have a second I second to? 00:00:55
Any other discussion? 00:00:59
Seeing none, all those in favor signify by saying aye. 00:01:01
Any opposed like sign that motion passes and. 00:01:04
We will all need to sign this SO. 00:01:07
You will sign it and we'll move on so. 00:01:10
Moving from old business into new business the 1st. 00:01:14
Agenda item this evening sunglasses are messing up, so indulge me. Well, first agenda item this evening's FC-03-25-26A Development 00:01:18
Standards Variance 06. 00:01:24
Oh, the agenda has 26. It should be 06. So I do. Thank you. 00:01:30
I stand corrected FC-03-25-06. 00:01:36
Nick, do you want to give us the staff report? 00:01:40
I'm sorry. 00:01:44
Introduced I'm not sure I've introduced our new staff planner, Ray Devaya. 00:01:46
Is the new staff minor? He's prepared, the staff reports tonight and. 00:01:51
Hello everyone. 00:02:01
First item on the agenda is FC-03-25-06. 00:02:03
Petitioners Anthony World. 00:02:09
Location is 8120 Corn Ridge Rd. Waynesville, Indiana 47136. 00:02:11
Request. 00:02:16
The applicant is requesting a development standards variance for the placement of an accessory structure. 00:02:19
In front of the primary structure. The structure is a 4 to 1 by 51 stick bar. 00:02:23
With a height of 23 feet. 00:02:27
The applicant indicated that it will be used to storm his vehicle for vehicles and his proposed be placed adjacent to the existing 00:02:29
driveway. 00:02:33
It's zoned Arkansas. 00:02:36
I'll go ahead and get into it. 00:02:41
Our ordinance states that necessary surgery shall be located to the rear. 00:02:45
Or side of the primary structure unless otherwise permitted. 00:02:50
In this ordinance. 00:02:53
Section structures used for barns and private garages may be allowed in front of the primary structure and they are district with 00:02:56
five acres. 00:02:59
Or greater. 00:03:02
Barns and private garages shall meet front set back requirements for. 00:03:03
Primary Structures. Primary structures be located on a parcel with an existing legal, not conforming accessory structure. 00:03:07
May be located to the rear of the existing legal conforming accessory structures. 00:03:14
The current primary structure is located near the rear of the property. 00:03:19
Closer to the northwest western portion of the lot. 00:03:23
The lot is 2.36 acres and is assessed by a drive connecting the Corner Ridge Rd. 00:03:26
Primary building is set back 363 feet from the road, while the accessory structure the position 75 feet from primary building and 00:03:30
247 feet from Horn Ridge Rd. 00:03:34
Adjacent Properties The surrounding properties are also zoned agricultural residential. Single family residences occupied the 00:03:40
properties regularly to the north, east and South. 00:03:43
All the property to the West is used as a pet grooming and boarding facility. 00:03:48
The applicant had commenced construction of the accessory structure prior to being issued a building permit, which resulting in 00:03:52
staff issuing a stop work order. 00:03:55
Currently the concrete slab for the stick barn. 00:03:58
Wood framing has been erected. 00:04:01
The stick barn is large enough that it obscures large portion of the primary structure. 00:04:02
Our zoning orange defines an accessory structure as a building per use of ordinate to another. 00:04:06
Structure or use located along the same lot which does not change or alter the character of the premise and which is not used for 00:04:11
human occupancy. 00:04:14
Public utility communication, electric, gas, water and sewer lines. 00:04:17
That supports an incidental. 00:04:22
Equipment. 00:04:24
So the placement of the proposed accessory structure in front of the primary structure will make the primary structure subordinate 00:04:25
to the accessory structure. 00:04:28
As it does not take precedence. 00:04:32
In appearance, the placement and visibility of the accessory structure overshadows the primary structure. 00:04:34
Applicant received site approval for the structure as well As for shed, which is slightly larger than the stick mark, 40 feet by 00:04:39
66 feet. 00:04:42
Health department staff asked after asking why he did not or could not place the stick warrant. 00:04:45
Where the shed is to be located, he stated that he intends to use the stick barn for. 00:04:50
Storing his vehicle. 00:04:54
Cannot place it there because underground safety lines. These are the proper primary structure would prevent him from laying 00:04:56
gravel for the driveway. 00:04:59
Staff spoke with Nicholas Hogg with the Floyd County Health Department. He confirmed that any extra compaction such as gravel or 00:05:03
asphalt. 00:05:06
Top Pacific lines could lead to unnecessary action, impossible failure. 00:05:10
Mr. Hogg stated that as long as the State Farm was not placed atop the septic lines, moving the structure should not be a problem. 00:05:14
Seeing that the applicant had already commenced construction of the structure before going through the proper channels, this is a 00:05:19
self-imposed hardship. 00:05:22
A stick barn is more of a desire rather than necessity for the applicants use of the property, especially considering that they 00:05:26
seem to have adequate sway space for parking the vehicles in the driveway. 00:05:30
So I'm not going to. 00:05:34
Number one, the approval will not be injurious to the public health safety rules of general welfare of the community. 00:05:40
The location of the structure in front of the primary structure when I inhibit the provision of emergency services to the existing 00:05:45
structure or neighboring properties. 00:05:49
To the use of value in the area adjacent to the property included and the variance will not be affected the substantial. 00:05:53
Substantially adverse. 00:05:58
Although the use may remain unchanged. 00:06:00
The stick barn would obscure a significant portion of the home, potentially impacting aesthetic and character, which could in turn 00:06:02
negatively affect neighboring property values. However, a large stick barn could increase the properties value as well as that of 00:06:07
surrounding properties if placed in a more suitable location. 00:06:12
#3 The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. 00:06:17
Zoning ordinance permits garages and barns in front of Primary church properties zone Arkansas if they are 5 acres for greater 00:06:23
this parcel is less than half of that. 00:06:27
Henceforth. 00:06:31
The practical difficulties are. 00:06:32
One lateral line placement superior the placement of the structures this side of the primary structure. 00:06:33
To the property does not meet the minimum. 00:06:38
Acreage requirements to have the stick, warned police and from the primary structure. 00:06:40
Three, the eastern portion of the home does not have outward space to accommodate the structure. 00:06:43
And for a state in the application applicant. 00:06:48
Cannot build at the rear of the property due to flooding and limited space. Furthermore due to the stick barns intended useful 00:06:50
garage or for car storage. 00:06:54
There would be inaccessible due to septic lines preventing gravel from being laid. 00:06:59
Because the applicant intensive storage vehicle inside of the structure and space is limited due to septic lines east of the 00:07:03
property or east of the driveway. 00:07:07
And flooding at the rear of the lot. The only feasible location for the structure is near the front of the property. 00:07:10
The variance does not involve the structure that is near. 00:07:16
Airstrip and regulated under Indiana Code 8-21-2. 00:07:19
So staff recommendations are relocate the stick barn South of the step appliance to prevent. 00:07:24
Securing the primary structure, ensuring it meets only Wardens restrictions. 00:07:29
Provide site plan with a new location. 00:07:33
Maintain wooded or vegetative screening of Stick Martin from Cordon Ridge Rd. 00:07:35
And provide side approval. 00:07:39
For construction of new locations from the Floyd County Health Department to ensure it doesn't interfere with. 00:07:41
Set declines. 00:07:46
Got a question the? 00:07:49
The height of 23 feet is that the total height of the building? Is that the? 00:07:51
The Eve peak. 00:07:56
Peak. OK, All right. 00:07:58
Any other questions for staff? 00:08:01
Thank you, Rick. 00:08:05
OK, is the applicant or representative for the applicant here? 00:08:08
If so, please come forward and state your name and address for the record. 00:08:11
Anthony Barrel, 8120 Cordon Ridge Rd. Lanesville, IN 47136. 00:08:16
OK, Mr. Barron, you've heard the staff report this evening. 00:08:22
Would you like to share any other thoughts or comments? Yeah, I discussed it with him in regards to moving it up on the hill. 00:08:26
And where he said he would like to have it. 00:08:33
It would be another 100 feet away, just 100 feet. 00:08:36
That 100 feet will cost me $135,000. 00:08:40
Because in order for the. 00:08:43
Building to be moved. 00:08:45
That Hill's got to be cut out, cut down major excavation work. 00:08:47
Poured walls, poured floor. 00:08:51
And that's not a good and gravel. 00:08:54
So the cost of this thing to do this? 00:08:56
Is going to be way above my pay grade. 00:08:59
So. 00:09:02
For the last 30 years that I've lived there. 00:09:04
I went without this building. 00:09:07
And I mean, I want to put it up because the hail damage that we just had, I just lost $75,000 worth of automobile insurance 00:09:10
claims. 00:09:13
I want my garage. 00:09:19
But I can't put. 00:09:20
$130,000 to put it up on a hill. 00:09:22
Let alone the fact that I'm going to have to walk. 00:09:25
100 yards out to it. 00:09:28
And 100 yards back. 00:09:29
To do to go to work. 00:09:32
So it's not it's not feasible. 00:09:34
In my eyes to put it up on the hill. 00:09:38
The flooding that I have to contend with that goes through there when we have heavy rains. 00:09:41
And I don't know if he'd give you pictures. He showed you pictures. 00:09:46
I mean, I deal with that. 00:09:49
But I mean it's. 00:09:51
I don't want to get, I don't want to put this thing up there and then I still got to walk through the mud and the water to get up 00:09:53
to my garage to go to work. 00:09:57
So it's not. 00:10:00
That's not feasible to do that. 00:10:02
I'm confused where you're trying to say you're. I'm sorry. I can't hear you. My hearing is gone. Welcome here, man. Get your 00:10:04
button. 00:10:07
It's on green. So where are you? Where are you saying you you would have to dig. They would have to cut this whole hill out. And 00:10:11
these are. 00:10:14
Mature grown trees. I've grown them. 00:10:18
For the last 30 years so I don't want to cut out my mature tree. 00:10:20
But they want to start it. 00:10:24
Right here, it's 100 yards. 00:10:25
100 feet from the corner of that building to the corner where they would start the other. 00:10:28
And this would all have to be all cut out landscape. Well, the way he's with the way he's worded what I've got, it just says it 00:10:32
has to be South of these lateral lines. 00:10:37
He's not saying it has to be all the way up here. It could be right in here. 00:10:41
Well, I can't. If I put it right here, that's right in where that major flooding comes through with the river. 00:10:45
That's why I said I'm kind of landlocked with all the water. 00:10:51
I thought the water issue was back here in the back. 00:10:54
I don't want my phone on me. You got the pictures? I've seen the water pictures. Yeah. That all comes from this backside off of 00:10:58
this hill and that all runs down and washes all down 3 here. That's why it runs right like that. Could could you sketch on that? 00:11:02
Where the. 00:11:06
Could you sketch on that where the water runs? 00:11:11
I'm sorry, could you sketch on? 00:11:13
Sketch on that diagram where the water. 00:11:16
That's why I put in the additional catch kit address. 00:11:25
Underneath the driveway because it's washing it out so many times. 00:11:28
I mean, I'm. 00:11:33
Can you go back to the microphone now please? Sorry. 00:11:34
Where's this water at? But that's why I put in that big catch pit. 00:11:39
And it was full the other day when we got the water. 00:11:43
And a secondary one. It was used before. 00:11:46
It it was kind of when it was originally put in, it was put in the wrong place. 00:11:50
But even it. 00:11:54
Caught a lot of water too. 00:11:56
So that's where I'm at with it. 00:11:59
Other questions? 00:12:10
Mr. Barrel. 00:12:11
Why is a? 00:12:13
How come they? 00:12:14
The slab for the new building is not parallel. 00:12:15
I can't hear you. Why is it not parallel to the house? 00:12:18
Because that's where you got to state the microphone, sorry. 00:12:21
If I put it parallel with the house, it's going to be right in the middle of top my ladder roll it lateral line. 00:12:24
And it's going to be if you put it off to the side. 00:12:30
Up on the property line, I'm still going to deal with the water drain off that runs through there. Well where it is now, but it's 00:12:33
it's kind of twisted. We had a cornered it to get the most out of it we could get. 00:12:39
And I can still sit in my living room, watch, watch my front yard. 00:12:44
That's what he's ******** about. 00:12:48
Have to dig in those hillside. 00:12:49
Well. 00:12:53
So basically the water that you're talking about is flooding comes down to driveway, is that correct? It comes through the yard 00:13:01
and floods across here right there at the base of that turn around where you can see the cut out. 00:13:07
But to the right. 00:13:16
To the right hand side of the property, standing on on the road. 00:13:18
If you would place that, that would be in the floodplain. 00:13:22
It's the higher ground. It's higher. You just, you just said you had, you just said you had to cut it down. So if you have to cut 00:13:26
it down, that's higher ground. 00:13:30
Yeah, I got. 00:13:34
Here's the 12 foot 14 foot difference from. 00:13:37
Where the driveway is, you'd be going up like this. 00:13:40
Well, we were out there today. It's not that steep and we were there today, it's not that steep. I think the the barn can be 00:13:43
relocated to the area. 00:13:48
Without a lot of difficulties. So it's going to take a lot of difficulties and a lot of money. 00:13:52
Well, money is not our issue on the board, OK, We don't take a look at that. We don't make a decision where you. 00:13:58
Put your building and how much money you spend. That's your decision to build a building, not ours. We approve the location where 00:14:05
you put it, and that's what we're here for. 00:14:09
To put it up on that hill is not cost effective #1. 00:14:14
And #2 I'm still going to have to walk through. 00:14:19
And contend contend with the water that when it floods through there. 00:14:22
To get to the call. 00:14:26
Mr. Barry. All right, I have a question. 00:14:28
Can you help us understand? 00:14:32
How you got so far along in the construction process before you requested a permit? 00:14:34
Well, I requested, I went to the health department and I got approval because I was told to do that. 00:14:39
And then the gentleman, the health department, I never done this before. 00:14:45
I never done this building anything like this before. 00:14:49
And I put this concrete pad in. 00:14:52
With the intentions of I needed additional parking. 00:14:56
And that's why I did it, because I did not have parking. 00:15:00
So I put the pad in when I put the pad. 00:15:03
Had and I overbuilt the pad. 00:15:05
And I exceeded what? 00:15:07
Codes would require because I thought well maybe later on. 00:15:09
If I end up doing something with this, it would be ready not so I'm going to. 00:15:13
But say maybe I do. 00:15:18
Well, I didn't know that I had to have a building permit. I thought it was a one stop shop. 00:15:20
And when the guy says no, you're good, we're good with it, I said OK. 00:15:27
So the guy had an opening to put up the barn. 00:15:31
And I said, well, I got the permit for this. 00:15:35
I don't know if anything else. So I started and that's what happened. 00:15:39
There was a communication issue. 00:15:42
Because the health department didn't tell me. 00:15:45
You got to go to the building department. 00:15:49
The building department. 00:15:51
Is over here on the other side of town. Everybody said go to the health department, get your permits. 00:15:52
So that's where I went. 00:15:57
So do you have someone building this for you or you? I have it. I have a contractor that started this. 00:15:58
And then he said you have your permits and I was under impression I did. 00:16:05
That's when he started, that's when they got and then I got a notice of stop work immediately and. 00:16:09
Threw their guys into the tailspin area and. 00:16:15
The whole deal and. 00:16:18
And that's where it's been standing now for the last. 00:16:19
48 days. 00:16:22
It's just basically the stick structures and it's not a pole barn, it's an actual stick structure. 00:16:25
And it's just temporarily. 00:16:32
You know. 00:16:34
Up there. 00:16:36
So it's waiting for trusses and. 00:16:38
Outside material and then it would be. 00:16:40
OK. It would be pretty well done. So when was the first time you you were made aware that? 00:16:43
That you needed. 00:16:49
The date that I got the violation. 00:16:52
No, no, it's OK. We're we know when that was. I just wasn't sure trying to clarify. 00:16:54
That's when the building, the people come out and give me a stop, work immediately and. 00:16:59
Sent people home and. 00:17:04
Or I come down here and found out what I had to do, what I. 00:17:06
That's why I did. 00:17:11
Stop right there, OK? 00:17:12
Is there any other questions from the board? 00:17:15
When I was out there today. 00:17:18
I saw it. 00:17:20
Looked like some kind of construction equipment in your shed and a big auger over on your side. 00:17:22
Those are not mine. 00:17:28
They're not yours. Those are not mine. 00:17:29
Those are my boys. They're not mine. I don't. I'm an aircraft inspector for EPS. 00:17:32
That's those are not mine. 00:17:36
So. 00:17:38
You're not currently are planning to run a business out of this building? 00:17:39
No. Any answer to that is no. 00:17:44
I want a boat. 00:17:48
By the way, so. 00:17:49
I want to vote, Sir. I want to go fishing. We'll give you chase. Speak in a minute. 00:17:51
OK. 00:17:56
I have no other questions. 00:18:01
Any other questions for the applicant? 00:18:03
Thank you, Mr. Barrow. 00:18:05
Thank you. 00:18:07
OK. So we've heard from the staff, we've heard from the applicant. 00:18:09
We're going to close those commentary sections of the meeting and go to anyone else here who would like to come forward and speak 00:18:13
in favor of this request this evening. 00:18:17
Please come forward, state your name and address for the record. 00:18:22
How's everybody doing tonight? 00:18:26
My name is Michael Merrill. I'm the son. 00:18:28
Of Anthony Barrel here. 00:18:31
My father, he's wanting to put up this. 00:18:33
Building. 00:18:36
State your address first, please. 425 Hummingbird Heights, Cordon, Indiana. 00:18:37
So I grew up in that house. So I grew up, moved away quite some time ago. 00:18:46
My father the only reason why he built this garage and obviously there was miscommunication with the. 00:18:51
Contractors and whatnot. 00:18:57
The main was. 00:19:00
He got cancer over a year ago. 00:19:01
And he's been an aircraft mechanic his entire life. 00:19:04
He bought a bass boat. 00:19:08
As his retirement. 00:19:09
That is what the man wanted, was Basspoke. 00:19:11
They wanted that building next to this house so he could place his boat into this building. 00:19:14
He didn't want it out too close to the road. Obviously it's a very. 00:19:18
Expensive bass boat. 00:19:22
He wanted it there where he could go out to it. 00:19:24
He has a handicap. 00:19:27
And he can only walk so far. His knees have already given out on him. 00:19:29
He put a back door where this location is. 00:19:34
On this building so he could go into it and easily access it. 00:19:37
And walk back out. 00:19:41
You know, with the equipment, those the skid steers, the excavator, those are mine. It's just I'm in the process of locating a or 00:19:45
a. 00:19:49
A place to rent? 00:19:53
To put this equipment. 00:19:55
Those are all mine so. 00:19:56
But no business of any sort ran out of there. 00:20:00
Majority time there's nobody home. Be honest with you. 00:20:04
So. 00:20:07
But like you guys. 00:20:10
Thank you. 00:20:12
Anyone else here this evening to speak in favor of this request? 00:20:14
Seeing none, we will close that section of the meeting and we will open the microphone up to anyone who would be here this evening 00:20:19
to speak in opposition. 00:20:23
Is there anyone here that would like to speak in opposition to this request? 00:20:27
OK, seeing none. 00:20:33
We will. 00:20:36
Close the public comment section. Do we have a ballot? 00:20:37
Yes, I do have a ballot. 00:20:42
Development standards variance balance. Floyd County Board of Zoning Appeals, Docket FC-03-25-06. 00:20:47
After careful review, the board finds that the approval of the variance will not. 00:20:56
Be a jurist to the public. 00:21:01
Health, safety, morals and general welfare of the community because the location of structure is. 00:21:03
In front of the primary structure? Well, not. 00:21:09
Have it the provisions of emergency services. 00:21:12
To the existing structure neighboring properties #2. 00:21:16
The use and value of the area adjacent to the property included in the variance will not. 00:21:20
Be affected in substantially adverse manner because. 00:21:26
Although the use. 00:21:30
Although the use, excuse me, may remain unchanged, the stick barn would obscure a significant portion of the home, potentially 00:21:31
impacting. 00:21:36
The aesthetics and character, which could in turn negatively affect neighboring property values. 00:21:40
However, a large stick barn could increase the property's values as well as that of surrounding problems it placed in the more 00:21:45
suitable location. 00:21:50
The strict application of the terms of the zoning ordinance will. 00:21:54
Result in practical difficulties in the use of the property because the zoning ordinance. 00:21:57
Permits, garages and barns in front of. 00:22:03
Of a primary structure for property zoned Arkansas if they're. 00:22:05
5 acres or greater. 00:22:09
This parcel is less than half of that there henceforth. 00:22:10
The practical difficulties are. 00:22:13
Lateral line placement, perhaps the placement of the structure to the side of the primary structure. 00:22:16
The property does not meet the minimum acreage requirement to have the stick barn placed in front of the primary structure. 00:22:21
The eastern portion of the home does not have adequate space to accommodate the structure. 00:22:27
As stated in the application, the applicant. 00:22:32
Cannot build. 00:22:34
At the rear of the property due to the flooding and limited space. 00:22:36
Furthermore, due to the stick Barnes intended use for car stores, the area would be inaccessible due to septic lines preventing. 00:22:39
Gravel. Gravel from being laid. 00:22:48
Because the applicant intends to store his vehicles inside of the structure and space is limited due to septic lines east of the 00:22:51
driveway and flooding it through the lot, the only feasible location for the structure is near the front of the property. 00:22:58
The variance. 00:23:07
The variance does not involve a structure that is near an airstrip and regulated. 00:23:09
Under the code. 00:23:14
8-21-10 There is not an airstrip in the vicinity. 00:23:16
The zoning Board. The Board of Zoning. 00:23:21
Appeals hereby denies. 00:23:24
The Petitioner. 00:23:27
Variance on the meeting held on the 14th day of. 00:23:29
April. 00:23:33
2025. 00:23:34
The approval by the Board is subject to the completion of the following conditions. 00:23:36
Relocate the stick barn South of the septic lines to prevent obscuring the primary structure. 00:23:43
Ensuring it meets zoning ordinance restrictions. 00:23:48
Provide site plan with new location. 00:23:52
Maintain wooded or vegetation vegetative. 00:23:55
Screening of stick. 00:23:58
Stick Barn from Cordon Ridge Rd. 00:24:00
Provide site approval for construction of new location from the Floyd County Health Department. 00:24:03
To ensure. 00:24:08
It doesn't interfere with the septic lines. 00:24:10
That's my ballot. 00:24:13
So just for a point of clarification. 00:24:15
You actually are wanting to grant the variance request and that you're going to allow him to. 00:24:17
Build it in front of the primary structure, but with the condition that it be relocated further east. 00:24:23
And yeah. 00:24:30
You're correct. 00:24:31
You are correct. 00:24:33
Thank you. Thank you. 00:24:35
Yeah. 00:24:37
I'll second that motion. 00:24:38
OK. So we have a ballot and we have a second. Do we have any other questions? 00:24:40
Of the board. 00:24:44
OK, see none. All those in favor signify by saying aye. 00:24:47
Any opposed like sign? 00:24:50
The motion passes. 00:24:52
Passes. Thank you folks. 00:24:53
I did. 00:24:56
OK. 00:24:59
You have to move the building. 00:25:03
We're going to move on. 00:25:07
While they're having their side discussions, so second agenda item this evening is FC-03-25-07. 00:25:08
Another development standards variance and I believe Ray is going to come forward and give us the staff report. 00:25:18
The petitioners. 00:25:25
Martha Edelman. 00:25:26
Location is 3421 Georgetown Regal Rd. Georgetown, IN 47122. 00:25:28
Applicant is requesting oh sorry it's zoned agricultural residential AR. 00:25:35
The applicant is requesting the development standards variance to replace our existing manufactured home with a new one that is 00:25:39
smaller than the minimum required 950 square feet. 00:25:43
The post structure will be 840 square feet will be built on the same footprint as the previous home. 00:25:48
Lot is 6.92 acres and is accessed by a drive connecting to Georgetown Greenville Rd. 00:25:53
The home is obscured and is situated further down the road than the primary modular home which lots of applicants son. 00:25:58
Water hookup acceptable remain the same. The sewer line will also be. 00:26:04
Connected to the existence you're on. 00:26:08
The applicant said that she had been living in the home since 1980 and that their current home is 50 years old. 00:26:11
Dilapidated, it'll be costly to repair. She's proposing building a new home. 00:26:16
Adjacent Properties All surrounding properties are also zoned AR. The properties to the West, South and N are single family 00:26:20
residences with the church located further West of the home adjacent to the property. 00:26:25
I'm going to go to the narrow statements. 00:26:31
The approval will not be injurious to the public health, safety, morals and general welfare of the community. The replacement will 00:26:34
have no. 00:26:37
Negative impacts. 00:26:40
The use and value of the area adjacent to the property, including the variance, will not be affected in the substantially first 00:26:42
manner. 00:26:45
Replacement structure will likely increase the value of their and adjacent properties as applicants stated that the current 00:26:48
structure is dilapidated and any different repairs for replacement. 00:26:52
The strict application of the terms the zoning ordinance will result in practical difficulties. 00:26:57
In the use of the property, Arkansas development standards prohibit structures with a minimum ground floor area of less than 950 00:27:01
feet. The proposed structure is about 110 feet smaller than that. Thus, the practical difficulties that she will be, she will not 00:27:06
be able to replace the deteriorating structure. 00:27:11
At the strict application of the terms of the zoning ordinance are applied and the owners on the fixed income and she needs in 00:27:15
their own. 00:27:19
There's not a nurse trip in the vicinity. 00:27:22
And there are no staff recommendations, but I didn't know that the BCA has previously approved the similar application. 00:27:25
FC-03-24. 00:27:31
Dash 06, at which the applicant requested the developments. There's variance replacing dilapidated manufacturing home with a new 00:27:34
one that was smaller than the minimum required. 00:27:37
50 square feet. 00:27:42
OK, so we have. 00:27:46
Heard from staff, any questions? 00:27:47
OK. 00:27:51
We will move right into the next phase. Is the applicant or representative of the applicant here? 00:27:52
If so, please come forward, state your name and address for the record. 00:27:58
Martha. 00:28:05
3421 Georgetown Greenville Rd. 00:28:06
Georgetown, IN. 00:28:09
All right, miss you and thank you for being with us this evening. 00:28:11
I think what you're asking for seems pretty. 00:28:15
Cut and dry. Is there anything else you'd like us to know or we need to know about your request? No, I just don't pray I get it. 00:28:17
Do any of the board members have any questions from this evening? 00:28:24
What's the timing? What what do you see the timing when we? 00:28:28
Forgetting this, Yeah. When? When will the work take place? When you swap it out? 00:28:32
When you are approved me and I get the building permit. 00:28:36
The Joe from Clayton's is here with me also. So your intent is to go right along with it right away? Yeah, OK. 00:28:40
Any other questions? 00:28:48
Thank you, Miss Eagle. 00:28:51
Thank you. 00:28:52
OK. We've heard from the applicant. Is there anyone else here this evening that would like to come forward to speak in favor of 00:28:54
this application? 00:28:57
Come forward, state your name and address for the record. 00:29:00
I'm Joker with Clayton Homes. 00:29:02
And one of the main things is with calls at home to dilapidate, it's it's got moisture underneath of it. And we get that over now 00:29:06
everyone build that ground up. 00:29:10
Put proper foundation under. It needs to be underneath there. 00:29:14
Needed me to go to structure. 00:29:17
Vinyl home vinyl windows. 00:29:20
I love the woman. Get done. 00:29:22
All right. Any other questions for Mr. Crew? 00:29:26
Thank you, Mr. Crew. You're welcome. 00:29:30
Is there anyone else here this evening would like to speak in favor of this? 00:29:33
Come forward and state your name and address for the record. 00:29:37
I'm James Irvin, 3411 Georgetown, Greenville Rd. Georgetown, IN. 00:29:40
I'm her son. I live right front over. 00:29:45
I didn't. I didn't hear no dates on this house, but. 00:29:48
They put this house here in 1989. 00:29:50
And it was at least 15 years. 00:29:53
For that so. 00:29:55
Definitely got the money's worth out of it. It's time for that one to go. 00:29:57
Sure, we're done. We replaced all the floors and it's time to start doing it again. 00:30:01
We've shipped the roof twice. 00:30:06
Needs updated by. 00:30:09
So that's how I didn't hear no day. So I just wanted to know the age of this. I was just in the 70s. It was born when I was. 00:30:10
Thank you. 00:30:19
Is there is there anyone else here this evening that would like to speak in favor? 00:30:22
OK, we're close that section of the meeting we'll. 00:30:27
Open the floor up to anyone who would be here this evening to speak in opposition. 00:30:30
Seeing none, we will keep on moving. 00:30:35
Do we have a ballot? 00:30:39
I do. 00:30:40
OK, we have ballot from Mr. 00:30:41
Docket FC25-07. 00:30:44
Petitioner Martha Evelyn. 00:30:46
After careful review, the board finds that number one approval, the variance will not be interest to the public health, safety and 00:30:48
morals. 00:30:52
And general welfare of the community because the replacement will have no negative impacts on the community. 00:30:56
#2 the use and value of the area adjacent of property included in the variance. 00:31:00
Will not be affected in substantial adverse manner. 00:31:05
Because replacement structure will likely increase the value of the area and adjacent properties as the current structure is 00:31:08
dilapidated, in need of repairs or a replacement. 00:31:12
#3 The strict application of the terms of zoning ordinance will result in practical difficulties and use the property. 00:31:17
Because the applicant will not be able to replace the existing deteriorating structure if the strict application that turns the 00:31:24
zoning arts are applied. 00:31:28
The owner is on a fixed income and needs to be replaced. The deteriorate existing structure. 00:31:32
#4 The variance does not involve a structure. 00:31:37
That is near an airstrip and regulated under Indiana Code 8-21-10. 00:31:40
The Board of Zoning Appeals. 00:31:46
Hereby grants the petitioner of variance at the meeting held on the 14th of April, 2025. 00:31:49
That completes my ballot. 00:31:54
OK, we have a, we have a ballot. Do we have a 2nd? I'll second we have a ballot and a second. Any other questions from the board? 00:31:56
Seeing none, all those in favor signify by saying aye. 00:32:03
Any pose like son? 00:32:06
That motion passes. 00:32:07
Congratulations, enjoy your new place. 00:32:09
You're welcome. 00:32:12
OK, folks. 00:32:14
Moving on. 00:32:16
We have. 00:32:18
We don't have any other new business this evening. 00:32:20
But we do have a discussion item. 00:32:22
Give me one moment to sign this. 00:32:25
Nick is going to go over the discussion item this evening. Yes, this is just our annual review. 00:32:33
A little later than. 00:32:40
We'd like to have these out, but. 00:32:41
Out nonetheless. 00:32:43
Over 2024 building and development services. 00:32:45
Operations and activities. 00:32:49
We had 506 improvement permits in Floyd County last year. 00:32:52
Of which? 00:32:58
158 of those were new single family dwellings. 00:33:00
48 commercial or multi family. 00:33:05
Resulting in over exactly 1800 inspections. 00:33:08
The BZA and Planning Commission heard 58 applications. 00:33:14
So it's busier. 00:33:19
For everyone. 00:33:21
I think of note for that item is that we had 7 special exceptions. 00:33:22
Come through. 00:33:28
Which may indicate that we may want to make some updates to our ordinance. 00:33:30
Or the comprehensive plan. 00:33:35
Other than that, if you have any questions about these activities. 00:33:40
That's pretty good. You had Sherry out most of that year too, didn't you? And actually. 00:33:42
Sherry was out for. 00:33:47
About six months of that year. 00:33:50
And. 00:33:53
Ellie Lang, Building Commissioner. 00:33:53
Did most of the work we did hire. 00:33:56
Contract Larry Wallace, Who's Jeffersonville's. 00:33:59
Building Commissioner to assist. 00:34:03
With a few projects. 00:34:05
We did our best, I think. 00:34:08
Mostly the builders were satisfied once they understood that you had to get your requests in a little bit in advance. 00:34:10
But we are back. 00:34:19
On that note, though, Sherry is retiring. 00:34:21
She her last day will be April 24th. 00:34:25
So we will be putting out an ad for a building inspector quick. 00:34:30
Her last days, the 24th, you said. 00:34:37
She's been with the county over 20 years. 00:34:40
Wow, she did a good job. 00:34:43
That's for sure. 00:34:47
Wow. 00:34:50
No questions I can. 00:34:51
So were you suggesting we need to? 00:34:53
To look at some of these development standards to change anything or. 00:34:55
It just could indicate I think. 00:35:00
Is there any of them, I guess that that repeat. Yeah, yeah. I think it's worth looking and saying. What are these? 00:35:03
The set back ones we're not going to do much about that does come and go, but the special exceptions that request of a different 00:35:11
use on a property is worth looking at to see. 00:35:16
If our ordinance might be too restrictive. 00:35:22
Or or if we're getting a little too LAX with with issuing them, it's just worth. 00:35:25
Reviewing and. 00:35:29
And taking a second look at. 00:35:31
That's something that we need to be involved in. 00:35:34
We yes, I think part of the. 00:35:37
Yeah, OK. 00:35:45
You know, mothballed last year. 00:35:49
I think it's worth just just reviewing and making sure that. 00:35:53
Where Where we want to be OK. 00:35:56
I'd like to just Ray, you did a good job tonight, by the way. 00:35:59
Yeah, I know he's a little nervous. Bobby, my first one. 00:36:03
I second that you did a great job. 00:36:08
Anything else to come before the board this evening? 00:36:12
I guess, Nick, real quick, I guess we've got Ray. What other department? 00:36:14
Personnel changes have. 00:36:18
Taking place. 00:36:20
So raise new staff planner Kelly Lang, the building commissioner. His responsibilities were elevated to be more supervisory. 00:36:22
We have Sean Simpson. He came on in January. He's a new building tech. 00:36:32
Assisting Gabrielle and. 00:36:38
Kelly and Gray, with permitting. 00:36:42
He may end up going into that building inspector position. I think he's interested in that. 00:36:44
Who's that? I didn't catch that. Sean Simpson. He's planning tag. OK. 00:36:49
He's been doing a very good job. 00:36:54
So that. 00:36:56
Staff wise, that's where we're at. We are looking to hire. 00:36:57
A part-time code enforcement. 00:37:01
Officer to assist with code compliance. 00:37:03
Likewise to the Unified Development Code. Code compliance has kind of taken up a back seat last year with. 00:37:08
The short staffing. 00:37:14
So we would like to get back on that. 00:37:17
All right. Thank you. 00:37:20
There's nothing else to come before the board. I'll entertain a motion to adjourn. 00:37:22
I will make that motion. Second, all those in favor signify by saying aye, aye, we're adjourned. 00:37:26
Thank you guys. 00:37:34
Could. No, but I'm gonna ask you. It was cancelled. Yeah, it was cancelled. I'd like for you just when I go out in the parking 00:37:35
lot. 00:37:39
I'd like for you to be after her. 00:37:43
Because of what? 00:37:45
Yeah, we turned. 00:37:47
Yeah, the one we turned down, he could be mad. 00:37:49
Yeah. 00:37:53
The department. 00:37:59
Yeah, the commissioners passed it. 00:38:01
Commissioners being they weren't there, upset about the apartments, most of the media, the last meeting was there for the day. 00:38:03
Claxton. 00:38:10
Oh well. 00:38:12
That's why the apartments in the round. 00:38:13
Roundabout. I don't really think about apartments yet. 00:38:17
Little malware, so sometimes they go over here. 00:39:10
Vincent have taken a couple but most of them they don't like Monday there. 00:39:26
Yeah. 00:39:32
Yeah, there was something. 00:39:36
Yeah, yeah, they they'll if they think something's going to know, but they have, they put off the schedule all year. 00:39:38
And I pretty much took up. 00:39:45
They like to be able to leave that. Sometimes it does, you know, sit in my car. 00:39:50
But. 00:39:56
I just get so caught up. 00:39:58
Like to hurt, you know, get something on the Internet. 00:40:01
Yeah. 00:40:06
Yeah. 00:40:11
Like. 00:40:17
I need a permit, right? 00:40:43
Then he needs to do something. 00:41:41
So like. 00:41:45
And nevertheless. 00:41:46
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