Meeting: Floyd County BZA

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Event transcript
	I kept saying.	00:00:23
	This time we're going to call it Order.	00:01:17
	Regular meeting of the Floyd County Board of Zoning.	00:01:19
	23rd of June 2025.	00:01:23
	At this time, if you will stay and we'll say the National, I mean the Pledge of Allegiance.	00:01:26
	I pledge allegiance to the flag of the United States of America.	00:01:31
	And to the Republic for which it stands, one nation.	00:01:36
	Indivisible with liberty and justice for all.	00:01:41
	Thank you.	00:01:44
	OK. At this time, we'll do a roll call, please.	00:01:46
	Here.	00:01:49
	Here.	00:01:51
	Here here.	00:01:52
	All righty, we got enough.	00:01:56
	Missing one, right?	00:01:58
	Already at this time, we need somebody to make a motion to approve the minutes of the May.	00:02:00
	Meeting and I was not here so I will not be able to vote on that.	00:02:06
	I'll make a motion to approve.	00:02:11
	I got a motion. I need a second second. Any discussion? None all in favor signify aye.	00:02:12
	Those opposed.	00:02:18
	I'm staying. Thank you.	00:02:21
	Alrighty, next thing on the agenda. Any old business.	00:02:23
	No business already.	00:02:26
	Already new business.	00:02:28
	Agenda item number one FC-0 Fat.	00:02:32
	Dash 25-10.	00:02:36
	Development standards Applicant is requesting A variance to convert an existing original house into an accessory.	00:02:39
	Structure that would be located in front of the new primary structure.	00:02:45
	Benjamin Rd.	00:02:49
	5001 Duffy Rd. Void Knobs.	00:02:51
	At this time your staff come forward. Give staff report please.	00:02:54
	Good afternoon.	00:02:59
	First item on the agenda before I go, excuse me.	00:03:02
	She brought to my attention we do not have a full board.	00:03:06
	So if anybody does want to pull any of their.	00:03:09
	Their application.	00:03:12
	They can pull it.	00:03:14
	And bring it in next month if they want to.	00:03:15
	So we're missing one person at this time.	00:03:18
	It takes three of the four that's here.	00:03:20
	To prove so.	00:03:22
	That goes on the record.	00:03:25
	Thanks. First item on the agenda.	00:03:28
	Docket number FC-05-205-10, petitioners.	00:03:31
	Benjamin Roads location, 5001 Duffy Rd. Floyd.	00:03:36
	Floyd's Knobs, Indiana 4711 New Four Sorry 47119.	00:03:40
	Parcel ID 22-04-03-000-281. Point 000-006.	00:03:46
	The request is a development standards variance for accessory structural location.	00:03:56
	That can be found in the Floyd counties.	00:04:00
	In section 5.04 under Article I.	00:04:03
	Zoning district in Israel Residential.	00:04:07
	So a little bit overview.	00:04:09
	The applicant is requesting a development standards variance to an allow accessory structure to be located in front of a primary	00:04:10
	residence in the rural residential.	00:04:14
	Zoning District.	00:04:18
	According to the applicant.	00:04:19
	The 1200 square foot accessory structure was built.	00:04:20
	As a home in the early 1990s but has remained vacant for more than 20 years.	00:04:23
	And has since been repurposed as a barn slash workshop.	00:04:27
	The applicant then constructed a new home behind the barn sometime within the past year.	00:04:32
	To legally non conforming accessory structures pole barns.	00:04:36
	Also located along the private drive leading to the home and barn.	00:04:39
	The primary residence is situated over 1000 feet from the right of way.	00:04:43
	While the barn is located over 750 feet from.	00:04:46
	The barn itself is situated over 450 feet northwest of the home.	00:04:49
	To date, modifications to the former dwelling being converted to a bar, including interior demolition.	00:04:53
	And the reframing of doors and windows to accommodate garage door.	00:04:59
	The home of the barn are completely obscured from the right of way as the property is gated off and the location of the barn is	00:05:03
	not interviewed. Receptive lunge.	00:05:06
	The applicant initially submitted a building permit to our office stated 3/13/24 for the new home.	00:05:09
	Staff compartment pleading an affidavit.	00:05:15
	It stated that you convert the former home to Co compliance structure no later than 12 months from the date of issuance.	00:05:17
	As two building units cannot be located on the same lot per section 4.14.	00:05:22
	Of Floyd County and zoning homes.	00:05:27
	Staff sent the applicant a letter on 4/29/25 informing Home that the structure was in violation of the.	00:05:29
	Floyd County zoning ordinance.	00:05:35
	Then he had 60 days to rectify the issue before the issuance of violence.	00:05:37
	Applicant that submitted the application for the variance on that same day.	00:05:41
	The applicant has expressed interest in having the property rezone and agricultural residential as it would be more compatible.	00:05:45
	For his intended use as well.	00:05:50
	Would allow for him to place other accessory structures.	00:05:52
	Of his.	00:05:55
	Also, our other session shows in front of his home without the need of forbearance.	00:05:58
	The adjacent properties The subject property seats 5 acre lot that is assessed to be a Duffy Rd.	00:06:01
	The subject property is gated. Surrounding zoning districts include office, business, rural, residential to the east.	00:06:06
	Agricultural residential, rural residential, the South, rural residential to the West, and general commercial.	00:06:12
	Residential, urban, rural residential and.	00:06:19
	Residential suburban to the north.	00:06:21
	The majority of uses around the property.	00:06:23
	Or single family dwelling units with the exception of a church located to the West.	00:06:25
	Section 5.04.	00:06:29
	Assessor use slash structure standards.	00:06:32
	The Floyd County zoning states under article I of 65.04 that.	00:06:34
	Accessory Church. You shall be looking to the rear or side of the primary structure unless otherwise permitted in this ordinance.	00:06:39
	Session structures used from arms and private garbage.	00:06:45
	May be allowed in front of the primary structure and Arkansas districts with five or greater.	00:06:47
	Acres, barns and private crossing shall meet front set back requirements are for primary restrictions.	00:06:54
	Primary churches be located on a parcel with an existing legal conforming.	00:07:00
	Accessory restriction may be located to the rear of the existing legal conformity.	00:07:04
	Accessory structure.	00:07:07
	And hear the staff comments.	00:07:09
	One, the approval will not be juris the public health, safety, morals, the general welfare of the community.	00:07:11
	The placement of the barn from the primary church will not inhibit the provision of emergency services to the existing structure	00:07:16
	and neighboring properties.	00:07:19
	Additionally, the structures are considerable distance from neighboring properties that cannot present any traction access for	00:07:23
	public services.	00:07:26
	As they both are placed along private driveway.	00:07:29
	To the user value area adjacent to the property included in the.	00:07:32
	Variance will not be affected substantially adverse manner.	00:07:35
	The conversion of the former home into a warrant may increase the value of the property.	00:07:39
	In addition that adding an accessory church to the property barn will be conquered to the home as it will allow for additional	00:07:43
	storage and parking.	00:07:46
	The Homeland Association are also located considerable distance from the right of way and our security from view of our.	00:07:50
	3 The strict application in terms of designers will result in practical difficulties in the use of the property.	00:07:56
	Zoning ordinance mandates and sector structures of zoning district are placed to the side or rear of a primary structure. Without	00:08:01
	a variance to the applicant would not be committed to keep the structure where currently is located.	00:08:06
	#4 the variance does not involve a structure that's near an airstrip and regulated under again the code 8-201-10 so as there's not	00:08:12
	airstrips anything.	00:08:16
	Our staff recommendations.	00:08:22
	All right. Anybody have any questions for staff, right.	00:08:27
	I have no.	00:08:31
	All right. Thank you, Sir.	00:08:33
	At this time, would the applicant like to come forward and present his case?	00:08:35
	And please state your name and address for the record place.	00:08:39
	Good afternoon, Benjamin Roads, 5001 Duffy Rd. Floyds Knobs IN 47119.	00:08:44
	Thank you for the staff report.	00:08:50
	If you guys go over to my application here, I've got.	00:08:54
	Different things to note from from my own observation, my perspective.	00:08:58
	The home, as Ray said, we built it within the past.	00:09:03
	Year we.	00:09:07
	Pushed about six months past the schedule, but upon submitting for that building permit, as Ray stated, they informed me that yes,	00:09:08
	I did need to convert that from a residence into some sort of.	00:09:15
	Structure that wasn't resonant so that be one residence in property.	00:09:22
	I went ahead and did that. I put a new roof on the building and I did an interior demolition on the building.	00:09:25
	My intent for the structure itself is to be a garage slash workshop, so.	00:09:32
	If you guys see the picture that is.	00:09:37
	Been supplied.	00:09:39
	Looks pretty rough.	00:09:40
	Obviously. But you know, I stopped.	00:09:42
	Once I knew I was out of compliance with the rest of the construction.	00:09:44
	The goals moving forward would be to all new gutters, all new faces, or all new soffits.	00:09:49
	Exterior sightings all going to come off. New sheathing is gonna go down.	00:09:55
	Landscaping all around. It'll be a metal siding with the wainscote.	00:09:59
	New garage doors.	00:10:03
	New Windows, new doors, so to be a completely new structure, new concrete floor, obviously to.	00:10:05
	Raise the interior up a little bit.	00:10:10
	So.	00:10:13
	The structure itself is off of Google Earth.	00:10:14
	Is about 1000 feet from the road. Even in the winter time the structure is not visible.	00:10:17
	Once the tree foliage drops, that's still not visible. The home itself is not visible.	00:10:22
	It's, you know.	00:10:28
	About 1000 feet from anybody really, except me, and that's 500 feet from my own home.	00:10:30
	There's as Ray said, there are also.	00:10:35
	Other structures that were I guess grandfathered in that you pass up that can be seen from the road.	00:10:38
	But again, my goal with this property in the future is to do a little bit of farming there and if I was, to put the home down	00:10:44
	below.	00:10:48
	And like the floodplain area, there's considerable floodplain on the property. It's 65 acres.	00:10:52
	Downloads and floodplain.	00:10:57
	It doesn't leave me a lot of opportunity there, so I put it up on the hill.	00:10:59
	But if?	00:11:02
	I was to build anything to the rear or to the side of the current house.	00:11:03
	It's what's the Floyd's knobs. It's really steep. It's really steep land. It was hard enough to get a septic system in there.	00:11:08
	To put a house or another structure in it.	00:11:14
	We kind of used the whole Knoll, the whole knob, the whole hill that was there. We used that for the home itself now.	00:11:17
	If we were to put anything to the back, I just don't think it's possible.	00:11:23
	So to put anything to the front, you know, that would be my goal once we start farming eventually.	00:11:26
	For for like run insurance for for livestock, but for this building as it sits right now.	00:11:32
	You know it's a good structure at the concrete sound. The floor is good.	00:11:39
	All the wood and the inside is good, so to remove that structure would be a considerable cost, especially if I was trying to	00:11:43
	rebuild that down in the floodplain.	00:11:47
	So you know, that's.	00:11:52
	Kind of the overlay of the land.	00:11:54
	Additionally, there's probably from where the house is now to the to the road is about 33 acres measuring off of Google Earth. So	00:11:57
	out of the 65 acres of property, the acreage that sits behind me is really not usable. It's heavily wooded forest with very steep	00:12:03
	ravines and everything to the front of me I would like to use but a large portion of it is floodplain.	00:12:09
	And to use that.	00:12:16
	You know, well, I can't right now with the current zoning ordinances, I can't use any of the land for structures. So that's about,	00:12:19
	you know, half the property, 33 acres or so.	00:12:23
	And I also I guess I do have the.	00:12:28
	I was told to bring the green cards in.	00:12:31
	OK. And with that I.	00:12:33
	I'm done with my comments, all right. Anybody have any questions?	00:12:35
	The Lord is there intent to leave the.	00:12:39
	The trees that are existing between the road.	00:12:42
	Yes, yeah, actually.	00:12:44
	Worked with the ag office out of cordon to do a tree planting so I was trying to reforest the seven acres that's on the front	00:12:47
	side.	00:12:51
	That got eaten by the deer so I'm trying to replant that again. I'm waiting on the in the office to get back to us for another	00:12:55
	tree planting.	00:12:59
	All those trees lining the Creek will be there. If I don't get the tree planting approved, I would like to do something to help	00:13:04
	with erosion as the Creek has already moved. Since I've had the property for five years now, it's eroded out a good bit.	00:13:09
	So I'm looking at.	00:13:15
	Some fusion green giants. I've got a nursery in Tennessee. It's about $13 a tree that I can have brought up.	00:13:17
	And those are deer resistant and they have foliage year round.	00:13:24
	They grow about 50 feet tall.	00:13:28
	They're really good trees. I've gotten about 99 at my old house that we planted.	00:13:30
	And I plan to order maybe 3 to 400.	00:13:33
	That we planned around the property for more.	00:13:36
	Privacy and obscuring, I guess, the property.	00:13:38
	OK, umm.	00:13:41
	Thank you. Thank you, questions.	00:13:41
	Thank you, Miss Rose.	00:13:45
	Thank you. All righty. OK. At this time we open up the floor to anybody that would like to speak in favor.	00:13:46
	Of this project, please step forward. Just state your name and address for the record.	00:13:52
	Alrighty, don't look like anybody's getting up.	00:14:01
	At this time, we'll open up for anybody has any opposition for this project.	00:14:03
	State component, station name and address.	00:14:07
	It looks like no weights coming forward for that, so at this time I'm looking for a ballot.	00:14:13
	I have one.	00:14:18
	And we have a ball, OK.	00:14:19
	Socket FC-05-205-10.	00:14:21
	After careful review, the board finds that one approval of the variance will not be interest to the public health, safety, morals	00:14:24
	and general welfare of the community.	00:14:28
	Because the placement of the barn in front of the primary structure will not inhibit the provision of emergency services.	00:14:32
	To existing structures.	00:14:39
	Our neighboring properties. Additionally, the structures are.	00:14:40
	Considerably distance from neighboring properties and do not.	00:14:44
	Present any obstructions to access for public services as they are both placed along in private traffic.	00:14:47
	#2.	00:14:53
	The use and value of the area adjacent to the property.	00:14:54
	Included in the variance will not be affected in substantial adverse manner because the conversion of the former home.	00:14:57
	Into a barn may increase the value of the property in addition to adding.	00:15:03
	An accessory structure to the property. The barn would be complementary to the home.	00:15:07
	As it will allow for additional storage and parking.	00:15:11
	The Home and accessory secretary.	00:15:15
	Are also located at considerable distance from the right of way.	00:15:17
	And are obstructed from view.	00:15:21
	Of the right of way.	00:15:23
	#3 the strict application, the terms of zoning ordinance.	00:15:24
	Will result in practical.	00:15:27
	Difficult and use of the product because the zoning art mandates the accessory structure in zone distance. RRB placed.	00:15:29
	To the side or rear of the primary structure. Without a variance, applicant would not be permitted to keep the structure.	00:15:36
	Where it currently is located.	00:15:42
	#4 This variance does not involve the structure that is near an airstrip and regulated under Indiana Code 82110.	00:15:44
	The board.	00:15:53
	APPEALS Hereby GRANTS the petitioner variance at the meeting held on the 23rd of June, 2025.	00:15:55
	Approval by the Board Subject completion of fine condition. Convert the former home into a code compliance structure no later than	00:16:01
	one year from the date.	00:16:05
	Of approval of this variance that completes my.	00:16:09
	Ballot. Now we have a ballot. We need a second.	00:16:12
	I'll second it.	00:16:16
	We have a second any discussion?	00:16:17
	All in favor signify by aye.	00:16:20
	Those opposed likewise.	00:16:22
	You best. Thank you.	00:16:25
	All righty, next item on the agenda.	00:16:44
	Is item number 2.	00:16:47
	FC05.	00:16:50
	25-11.	00:16:52
	Administrative appeal.	00:16:54
	Appealing the notice of a violation dated 5.	00:16:56
	225.	00:17:00
	At this time, staff might come forward.	00:17:03
	Right.	00:17:05
	Shouldn't call you staff all the time? I call you ready.	00:17:07
	OK. The second item on the agenda is docket number FC-05-205-11, the petitioners lower.	00:17:11
	Plan up the location is 5115 Charlestown Rd. New Albany, IN 47150.	00:17:19
	Also, ID is 22-05-08-600-299-000.	00:17:26
	Dash 007. The request is administrative appeal.	00:17:33
	And the zoning district is general commercial, so.	00:17:36
	Going to the overview, the applicant is appealing the May 2nd, 2025 Notice of Violation Letter fine for limited outdoor storage in	00:17:39
	a general commercial zoning district to seasonal sales the finished products.	00:17:44
	The deal was filed.	00:17:50
	Within 30 days of the issuance of the letter, property owners daughter is appealing the fine on his behalf.	00:17:51
	So staff was initially notified of the violation in June of 2023. Building Commissioner Kelly Lane visited the site on 7/14/23.	00:17:56
	And melt the Moors to determine the nature of many violations. Fired. Mailing the initial notice of violation letter dated 8/22/23	00:18:05
	informing them of the violation.	00:18:09
	And proceedings for rectification as well as staff plan.	00:18:14
	Follow up on directions.	00:18:17
	On that same day, Mr. Lane received a call from Miss Atlanta in which she stated that her family was named extenuating	00:18:18
	circumstances.	00:18:22
	Light of this revelation or office?	00:18:25
	Extended the mitigation timeline.	00:18:27
	On 2/15/24.	00:18:28
	Mr. Lang conducted a site visit, took photographs and observed that the violation remained addressed. Second and final notice	00:18:30
	violation letter was mailed to the lawyers.	00:18:34
	822224 that acknowledged that a grace period haven't afforded to the March.	00:18:38
	That the corrective action was not necessary in the.	00:18:43
	We get to create the amount of $50 a day, a correct action not taking within 90 calendar days.	00:18:46
	During a subsequent inspection on May 22nd.	00:18:51
	2024 it was observed that the violation had not been addressed. Almost two months later, on 7/16/24, return visit to the site	00:18:54
	showed that no.	00:18:58
	Mitigation efforts have taken place.	00:19:03
	I notice that finds letter was known by the record building development in the creepy on 7/16/24, reiterating.	00:19:05
	Violation and detailing the total fines accrued today.	00:19:10
	On 4/24/25 Rated by me Planner.	00:19:13
	Visited site into photos that showed that the violation had not been vacated.	00:19:17
	The final letter dated 5/22/25 smells of property once again informing the property owners of violation funds.	00:19:20
	All you received with this letter, the property owners daughter, Laura Planet Mental staff initiated cleanup.	00:19:26
	Of these outdoor storage.	00:19:32
	Since then, the planet has been.	00:19:33
	Correspondence to staff to ensure that abolition has been addressed and resolved.	00:19:35
	Staff notifying the site visit on 5/21/25 that the majority of outdoor storage of materials, specifically barrels.	00:19:38
	Having moved, remaining items later being picked up or moved in the following weeks. Purpose of plan.	00:19:44
	As of 6/16/25, properties compliant no longer in the violation.	00:19:49
	Start of our investigations. The date.	00:19:53
	Mr. Planet contacted our office to address the issue.	00:19:57
	Finds that accrued to the total of $17,300.	00:19:59
	There are no staff comments on administrative bills. Staff comments section.	00:20:03
	Sorry Ray, just looking at the.	00:20:15
	It looks like a notice of fines letter was actually mailed back on July 16th of 24.	00:20:18
	So that would have been our administrative action that we took, correct?	00:20:23
	Yes, OK.	00:20:28
	I just want to clarify that for the board.	00:20:29
	OK. Any questions for Ray?	00:20:33
	The board.	00:20:36
	And I don't we don't have to open this up for public, right?	00:20:39
	You do. You're still going through well.	00:20:43
	Yeah.	00:20:46
	Still doing a public hearing, correct, Nick? Yeah, OK. All right, because they're challenging your the administrative decision of.	00:20:48
	The office.	00:20:54
	So do we need the app?	00:20:55
	Yeah, the applicant first, OK, unless you have any questions are right, no more questions are right. Thank you. Right.	00:20:58
	At this time with the applicant come forward.	00:21:03
	State your name and address for the record.	00:21:07
	And.	00:21:10
	State your case.	00:21:12
	My name is Laura Aplana. I'm the daughter of.	00:21:16
	Hazel Smith Warriors and Peggy Moyers, who are the owners of the property at 5115 Charlestown Rd.	00:21:19
	I am aware that the office has been.	00:21:27
	I am aware that the office sent my parents letters.	00:21:35
	The first letter that I know of was one in November.	00:21:38
	I was out of town with my parents due to extreme medical.	00:21:44
	Is used with my mother.	00:21:48
	I called Mr. Lang.	00:21:50
	Sometime after October.	00:21:53
	23rd.	00:21:55
	I'm sure it was in November.	00:21:56
	From getting the diagnosis of my mother.	00:21:59
	He was very understanding and compassionate. He said he would put this off.	00:22:01
	For a period of time.	00:22:06
	You don't know how bad your parents are until it's too late.	00:22:14
	I didn't know that.	00:22:19
	This existed.	00:22:20
	I had talked to Mr. Lang. He didn't even get into it with me once. I told him where I was and what was going on, and I told him	00:22:22
	exactly what the doctor told me.	00:22:26
	Your mother's got two days to two weeks to live.	00:22:30
	This is I brought my mother's medical, my father's medical records. They're both in the same situation.	00:22:33
	Cognitively.	00:22:39
	It's gone.	00:22:40
	My mother is gone.	00:22:41
	My mother passed away.	00:22:43
	I have no control over my father's business.	00:22:46
	So I've literally just done.	00:22:49
	What I needed to to comply?	00:22:51
	Against his understanding.	00:22:54
	He to this day will tell me that he is grandfathered in. My mother and father started a business out on Charlestown Rd.	00:22:57
	In the early 70s.	00:23:04
	He used that field for everything.	00:23:06
	Lay down yard conduit.	00:23:08
	In his mind.	00:23:10
	He doesn't think he's doing anything wrong.	00:23:12
	And he's really ticked off at me for cleaning it up.	00:23:14
	This is a picture of my mom.	00:23:18
	You all are free to have all of the.	00:23:20
	Medical records and the doctor information.	00:23:22
	My parents just.	00:23:25
	My mother took care of my dad.	00:23:26
	My mother would have taken care of this.	00:23:28
	But the first letter that was.	00:23:32
	August 22nd.	00:23:34
	Both of my parents were in the hospital.	00:23:36
	I don't know what happened to the letter.	00:23:39
	I don't know what happened to the letter until I saw the one.	00:23:41
	May 2nd.	00:23:44
	I can't find them. I asked Gray for him. He did send them to me.	00:23:47
	I asked Gray how they were sent. He said they were sent certified.	00:23:52
	I have no idea.	00:23:56
	I'm just asking for.	00:23:58
	And I found this on your old website.	00:24:01
	I'm asking for consideration to hardship waiver.	00:24:11
	The minute I found out the extent about this after the extended period of time.	00:24:15
	My husband and I came in. I just brought my back.	00:24:21
	My father back from California from a treatment.	00:24:24
	Saw the letter, I think he left it out.	00:24:27
	I saw it on Saturday. On Monday morning we were at the office.	00:24:32
	To meet with Mr. Lang or Kelly.	00:24:35
	Like Ray came in.	00:24:37
	Ray met with me.	00:24:40
	And that afternoon I can show you pictures.	00:24:42
	The stuff was off the driveway.	00:24:45
	Donated it.	00:24:49
	Gave it away.	00:24:50
	Shoved it in the garages that are there, shoved it in trailers that were there.	00:24:52
	I'm sorry this was not my pick. This would never have been my parents intent had things not been.	00:24:57
	Cognitively disrupted for them.	00:25:04
	I didn't know, I didn't think to call.	00:25:09
	Because I didn't know what the extent of this was.	00:25:12
	I'm just asking for a waiver. It's cleaned up. We did it immediately.	00:25:16
	My sister helped.	00:25:21
	If anybody drove out there over the last year or so or prior to July of last year, you would have seen the blue barrels.	00:25:22
	And you would have seen a Please donate your kidney.	00:25:29
	My families, every single one of us, has been in the hospital within one month.	00:25:31
	And I'm I was the healthiest.	00:25:36
	My parents couldn't travel, my two sisters couldn't come to tell my mother goodbye.	00:25:39
	It's been rough.	00:25:44
	It's just been rough and I apologize for.	00:25:45
	It was not.	00:25:47
	Parents, it would have never been my mother or my father's intent to cause harm to Floyd County.	00:25:49
	Their business was here.	00:25:54
	They raised us here.	00:25:56
	We're proud of where we live.	00:25:58
	My mom is proud of her property.	00:25:59
	And I apologize. I apologize for them.	00:26:03
	I would just ask her some compassion and consideration. We didn't.	00:26:06
	It just happened at a bad time. All of it happened at a bad time.	00:26:10
	I think we all totally understand that. We're sorry for that.	00:26:15
	Sure. And it's still ongoing.	00:26:18
	There's not a manual for how to take care of your parents. There's nothing.	00:26:21
	Thank you.	00:26:31
	OK. At this time we have to open it up for anybody that's in.	00:26:35
	Favor of this?	00:26:39
	Process.	00:26:41
	If none, then we open it up for anybody. It's in opposition of this.	00:26:44
	Which there are none.	00:26:49
	At this time.	00:26:50
	We need a ballot.	00:26:52
	And make sure you want to explain what we're doing. So from the just from the process of where we are, an applicant has 30 days	00:26:54
	to.	00:27:00
	Appeal an administrative decision.	00:27:06
	Umm, that decision, that administrative decision would have been the initial notice of violation and fines. What that so?	00:27:09
	The appeal was not timely filed, but that does not mean you cannot.	00:27:17
	Discuss and negotiate the fines.	00:27:21
	Right. So the property's cleaned up. We're past that point. So it's really just a discussion of.	00:27:24
	What finds, if any, are appropriate on the property which would be under number?	00:27:27
	6 So you can deny the appeal, which is.	00:27:32
	Upholding the violations that happen because they did happen on the property.	00:27:35
	You're confirming that they happened.	00:27:39
	But modifying that decision in the amount of fines.	00:27:41
	Does that make sense?	00:27:46
	All right, so.	00:27:48
	I'm looking for a ballot.	00:27:54
	I'm gonna work on it.	00:27:56
	A little clarification.	00:28:00
	All right, no problem.	00:28:01
	OK. All right.	00:28:04
	Chicago Fireworks.	00:28:21
	My news.	00:30:29
	What's the weather modifying that?	00:30:52
	I have a partial ballot that we need to discuss as a.	00:30:55
	Board, uh.	00:31:13
	Where we want to see the fines already currently.	00:31:14
	Fines total $17,300 How much $17,300?	00:31:18
	So.	00:31:24
	I'll throw out 1/3.	00:31:28
	I don't know what the rest of you think.	00:31:30
	What'd you say, $100?	00:31:32
	That's what I said.	00:31:35
	Make it $100. Yeah, mine was $500 is what it was.	00:31:37
	What do you all think? So how much was the application for the appeal?	00:31:46
	Those are dollar value on.	00:31:49
	How much?	00:31:54
	How much was that?	00:31:56
	Our objective was to get it cleaned up.	00:32:01
	Yes, right, right.	00:32:04
	150, so an additional $100 would be 250 total.	00:32:06
	I've got no problem with that.	00:32:10
	OK, Yeah.	00:32:12
	All right, ready, Ready for the ballot.	00:32:31
	Ballot doc at FC-05-25 Dash.	00:32:34
	11 District's name Laura.	00:32:38
	Apple and app.	00:32:40
	Sorry.	00:32:42
	Findings of fact.	00:32:49
	Field decision issued by the Board of Zoning Appeals.	00:32:51
	#2 The date of the appeal decision, 23rd of June of 2025.	00:32:55
	#3.	00:32:59
	Appeal was not filed.	00:33:00
	Timely file within 30 days of the appeal decision.	00:33:03
	#4 Evidence reviewed.	00:33:07
	Staff testimony and applicant testimony and letters confirmed that there were violations of the Floyd County Zoning Ordinance.	00:33:09
	Staff testimony confirmed property is now in compliance.	00:33:17
	With the Floyd County.	00:33:21
	Zoning Ordinance as of 6/16/25.	00:33:24
	#5.	00:33:30
	Evidence.	00:33:31
	Does support the appeal decision?	00:33:32
	And.	00:33:36
	Because the evidence does support the.	00:33:37
	Decision. The appeal is therefore denied.	00:33:39
	Number six.	00:33:42
	The board may modify an appeal decision that is denied.	00:33:44
	And modifications to the decision are as follows. Modify fines to a total of $100.	00:33:47
	Board of ZONING Appeals hereby denies the petitioners administrative appeal at the meeting held on the 23rd day of June, 2025.	00:33:55
	That it's my ballot. All right, we have a ballot. Need a second?	00:34:04
	I'll 2nd I have a second any discussion? The only thing I would comment on is on Page 1 here.	00:34:07
	We're #2 where it says the.	00:34:13
	Date of the appeal decision.	00:34:16
	That's going to be the date of the letter that we issued.	00:34:18
	So that would be.	00:34:21
	The notice of fines is really what she's appealing, not the violations themselves.	00:34:23
	So that would be 716 of 24 needs to be the date there.	00:34:27
	Because that's what they're.	00:34:32
	Discussion.	00:34:33
	Is we're changing the date?	00:34:35
	Of what they're appealing.	00:34:38
	It's not a today's decision, it's at the decision that.	00:34:39
	Administrative decision.	00:34:42
	Do you want to include more than that one date?	00:34:44
	Right. I'm summarizing because that's when the notice of violate the fines went out.	00:34:47
	And they're not contesting the fact that the violations occurred, only the fines.	00:34:52
	We can list three dates but.	00:35:00
	I mean, I don't know that.	00:35:04
	I'm sorry, can you restate that please?	00:35:05
	Yes. So the three days the letters are August 22nd, 23.	00:35:07
	That was the initial violation letter.	00:35:11
	February 22nd of 24 was a final notice of violation.	00:35:14
	Right, that acknowledged the grace period.	00:35:18
	And then we have the notice of fines letter that went out on July 16th of 24.	00:35:21
	They are here today seeking to modify and appeal the fines only in my view.	00:35:27
	They're not asking the violations.	00:35:32
	They're just undefined.	00:35:34
	So what's your preference be to list all three letters, as the decisions being appealed are only that July 16th?	00:35:37
	All three.	00:35:44
	OK. All right. So we're going to amend.	00:35:45
	The ballot.	00:35:49
	Correct. Just from perspective, the the date listed was today's date. But that's not what we're actually right understand.	00:35:50
	February.	00:36:07
	22nd.	00:36:09
	Create movies with.	00:36:17
	Resume home page.	00:36:35
	All right, So my modified ballot on item number 2, the date of the appeal decision.	00:36:39
	We have three dates. The initial notice of violation was 8/22/23.	00:36:44
	Second notice of violation was 2/22 of 24.	00:36:49
	Any notice of fines 7/16/24?	00:36:53
	OK, so the we have a ballot has been amended.	00:36:57
	And we need a second on the amended. I'll second that you have a second on the amended ballot. Any discussion at this point?	00:37:01
	None all in favor signify by aye aye, those opposed likewise.	00:37:08
	Thank you guys.	00:37:13
	So.	00:37:15
	Sylvia.	00:37:17
	Yeah, you're good.	00:37:19
	Yeah, you're good.	00:37:21
	Yeah, you've got to. It's going to cost you $100. That's it.	00:37:22
	So yeah.	00:37:26
	Yeah. Thank you very much for cleaning it up.	00:37:28
	OK.	00:37:41
	3rd and final item on the agenda.	00:37:43
	Is agenda item number 3.	00:37:47
	Dash 05-205-12.	00:37:50
	Special exception.	00:37:54
	Applicant, is your question a special exception to Park?	00:37:55
	And operate a food trailer.	00:37:59
	With an outdoor seating area.	00:38:00
	Chad Johnson slash Wildfire Business, LLC.	00:38:02
	LLC vacant land on the corner.	00:38:07
	Of Hwy. 150 in Ableton Rd. Floyd Knobs, Indiana.	00:38:11
	At this time.	00:38:15
	I have Ray come up and give a staff report please.	00:38:16
	OK, the final item.	00:38:22
	Only agenda for today is.	00:38:23
	Document Member FC-05-205-12 Petitioners Chad Johnson slash The Wildfire Business LLC The location is where you land on the	00:38:25
	corner.	00:38:30
	Hwy. 115 Edmonton Rd. Fort Knobs, Indiana 47119.	00:38:35
	Parcel IDs are 22-03-01-100.	00:38:39
	Dash 150-000-004 and 22-03-01.	00:38:44
	100.	00:38:51
	Dash 013 Dash.	00:38:52
	000.	00:38:54
	Dash 004.	00:38:55
	The request is a special exception for the food trailer, and the zoning district is neighborhood commercial.	00:38:57
	So a little overview, The applicant is requesting a special exception to operate food trailer in the neighborhood commercial zone.	00:39:02
	Food trailers supposed to be located near the intersection of Mapleton Rd. and Hwy. 150, approximately 80 feet from the southern	00:39:07
	right of way.	00:39:10
	And 60 feet from this western right away.	00:39:13
	Context.	00:39:16
	The property in question received approval for rezoning from RR to NC by the Planning Commission at the 6/17/19 BCA meeting.	00:39:17
	What the state and conditions want Any future development will be required to connect into sanitary sewer systems.	00:39:24
	To the future, commercial use of this property will be compatible.	00:39:30
	That adjoining residential properties and three.	00:39:34
	Above your yard standards will be required.	00:39:38
	For all signage will be county standards.	00:39:41
	The majority of the two loss are presently covered by trees and natural vegetation, with the applicant stating they plan on	00:39:44
	clearing trees for the parking space.	00:39:48
	The combined loss total 0.27 acres with access to the site provided here. Driveway connecting.	00:39:52
	To Napleton Rd. The food trailer, titled Cabaret Kitchen, measures approximately 128 square feet.	00:39:57
	That would be indicating an application that they plan on providing picnic area as well as landscaping for the system with the	00:40:03
	aesthetic of the truck.	00:40:06
	Caribbean island.	00:40:09
	The applicant is approval.	00:40:11
	Provide a 50 foot by 40 foot apartment space with a 16 foot entrance at the Northwest Choir, 5382 Davidson Rd. The trailer will	00:40:12
	have two to three employees and the applicant is proposing service mulch beneath the dining area.	00:40:18
	Literally will not be anchored.	00:40:25
	The Aberdeen Estate of the plan keep their clean by providing trash cans and some heads of waste.	00:40:27
	Also rented waste all receivable.	00:40:31
	Washington County had to commit commissary kitchen.	00:40:33
	There's no septic on either properties.	00:40:36
	Adjacent property The most prevalent zoning districts adjacent to the property. Rural residential neighborhood.	00:40:38
	Commercial commercials.	00:40:42
	Uses surrounding the property.	00:40:45
	Are as follows.	00:40:46
	The coffee shops in South, a church the West, and gas station to the southwest. The aforementioned properties are zoned	00:40:47
	neighborhood commercial.	00:40:51
	The residential zone properties located north and northeast of the property comprised of a single family dwelling units.	00:40:54
	Staff findings.	00:41:01
	The special exception will not be injurious to the public health, safety, morals in general for the community. The food truck will	00:41:03
	not inhibit the provision of our emergency services to the existing structure.	00:41:07
	Or neighboring properties? The food truck.	00:41:12
	Also have parking areas as well as a dining area for customers and or public service personnel that will be accessible via	00:41:14
	provided path and the applicant has indicated that they have a plan for waste.	00:41:18
	This moment considerations will have to be made concerning access and the two in from the site.	00:41:24
	I would like to.	00:41:28
	Add that I do have some concerns about how the trailer will be.	00:41:30
	Placed on the property, especially during, you know, colder.	00:41:34
	Wetter seasons.	00:41:37
	Specifically.	00:41:41
	In the winter and or in.	00:41:42
	Late fall.	00:41:44
	Also.	00:41:47
	Restrooms for customers.	00:41:48
	As well as safety to and from.	00:41:50
	Parking area as well as water wastewater management.	00:41:52
	2 The use and value of the area just to the property.	00:41:58
	Subject to the special exemption.	00:42:01
	Will not be.	00:42:03
	Affected in a substantially first manner. This is considered low density or low intensity and is not anticipated.	00:42:04
	Reduce significantly traffic.	00:42:10
	Never uses the southeast and West are also commercial businesses, so the pros use are consistent with the uses of vicinity. There	00:42:12
	are residential uses located north and east of the properties and conditions should be imposed.	00:42:17
	To ensure that the operation of business and not like residents. This quality of life as this usually locate outside.	00:42:22
	I would like to also add to that that the use may be affected given the parameters.	00:42:31
	That I'll be listing in the staff recommendations.	00:42:35
	Such as?	00:42:38
	Wastewater management. The aesthetic look.	00:42:40
	And the site plan not being super detailed so not really knowing what.	00:42:44
	Finished product is going to look like.	00:42:49
	#3 The need for the special exception does arise from some condition peculiar to the property involved.	00:42:51
	Although the property is on every commercial, these proposed by the applicant is not expressly identified in the land use matrix	00:42:57
	in the Floyd County Zoning Zoning Ordinance. Thus.	00:43:01
	The applicant needs special exception approval for the use.	00:43:06
	#4.	00:43:09
	Strict application of the terms of Floyd County zoning ordinance will result in unnecessary hardship in the use of the property.	00:43:10
	These proposed by kids not expressly identified on land use matrix the floor candies owners, thus the need.	00:43:16
	They need special approval for the use as strict application in terms of the ordinance does not prevent the specific use and land	00:43:20
	use matrix. But I would like to add that the property couldn't be used for other.	00:43:25
	Purposes if they were not to receive approval for this request.	00:43:31
	And #5.	00:43:36
	Approval of the special exception will not contradict those objectives of the Floyd County Comprehensive Plan.	00:43:37
	The proposed use is consistent with the Smart Growth principles, preserving open space, farmland, natural beauty, and critical	00:43:44
	environmental areas.	00:43:47
	And the principal of strengthening and directing development towards existing communities.	00:43:50
	Who will also support encourage small local business in the county and also provides additional food service options for residents	00:43:55
	as well as being aesthetically.	00:43:58
	Appealing to best to not build property values.	00:44:02
	But not given.	00:44:05
	A detailed site plan is kind of hard to determine what that would look like.	00:44:07
	When it's completed.	00:44:10
	Staff Recommendations Hours of operation between 8:00 AM to 10:00 PM.	00:44:12
	Parking area to be a minimum 25 feet from the right away to allow mortars. Ample space between the right of way and garden area	00:44:16
	for entering size exiting the property.	00:44:20
	Provide a buffer yard between the property and the adjacent residential property located to the north. Consistent buffer yard to	00:44:24
	standards outline in section 5.09. Buffer yard standards.	00:44:29
	Floyd County.	00:44:36
	Follow in dot standards for commercial entrances a minimum 25 return radius for vehicles entering slides exiting the parking area.	00:44:37
	Part and spaces high walks must be paved and meet the parking standards. Outline the section 5.20.	00:44:44
	As well as being.	00:44:50
	88 compliant provide enclosed bathroom slash washing facilities such as portable toilets for customers that will be screened from	00:44:51
	the right away.	00:44:54
	And provide more detailed development plan with eight.	00:44:58
	Aforementioned conditions.	00:45:01
	You out of breath?	00:45:05
	OK. Anybody on the board have a question for Ray?	00:45:09
	Ray, your notation on sidewalks that is from the lot to the truck location, that is not sidewalks along the.	00:45:13
	That's the sidewalks, yet from the parking lot that leads to the dining area.	00:45:21
	Along to the future.	00:45:26
	OK. Thank you.	00:45:28
	I just want to. I want to go back.	00:45:31
	On at the very beginning of your report.	00:45:33
	On contacts, the property in question received approval.	00:45:37
	Rezoning. I was on that.	00:45:40
	I was on that board.	00:45:42
	And I do remember.	00:45:45
	Very distinctly that.	00:45:47
	Any future development will be required to connect to sanitary sewer.	00:45:49
	OK also.	00:45:53
	The future commercial uses property must be compatible compliant with a joint residential.	00:45:55
	So I want to just go on record state that.	00:46:00
	Secondly.	00:46:03
	#4 and.	00:46:04
	The strict application of the terms of Ford County zoning ordinance.	00:46:07
	It will not result in unnecessary hardship of the use of the property because there's a there's a lot of other uses that the	00:46:11
	property.	00:46:14
	Can be used for SO.	00:46:18
	I just want to go.	00:46:20
	And state that.	00:46:21
	That's all I have. Anybody else?	00:46:23
	Nick Crabby, director of building and.	00:46:33
	Among other titles.	00:46:38
	The county does not have.	00:46:42
	Any regulations towards food trucks? The Planning Commission has not given any guidance so far.	00:46:44
	Towards the ordinance for how to treat.	00:46:51
	Food trucks.	00:46:54
	We have allowed.	00:46:56
	Food trucks to operate in the county and events.	00:46:57
	As a kind of temporary use type of a situation.	00:47:02
	This is the first time that.	00:47:06
	We've had to decide someone that wanted to use.	00:47:08
	Site permanently for food truck operations.	00:47:11
	So we do not have.	00:47:16
	Many standards, so it's difficult for staff to kind of put together.	00:47:18
	Some recommendations on this?	00:47:22
	We have looked at some other ordinances around the state.	00:47:24
	One one of the key items and concerns that I have towards this.	00:47:29
	Proposal.	00:47:33
	Is restrooms.	00:47:34
	Where will staff?	00:47:38
	Go to the restroom where we're all.	00:47:39
	Client customers use the restroom.	00:47:43
	That is a a.	00:47:46
	Concern with this type of.	00:47:47
	Involvement. The reason why?	00:47:50
	We didn't look at some of the requirements from the.	00:47:52
	Zoning change.	00:47:57
	This is actually.	00:47:59
	Being a food truck is a temporary. It's not a strike. It's not a permanent structure.	00:48:01
	So the consideration there was a little bit different.	00:48:05
	Different I would urge you to consider.	00:48:10
	This proposal.	00:48:15
	Carefully.	00:48:17
	We will be looking at this at the plank.	00:48:19
	And.	00:48:22
	And that is a.	00:48:25
	Growth area for the county.	00:48:27
	Identified in the Comprehensive plan.	00:48:29
	So we want to make sure we do it right there.	00:48:32
	Next day.	00:48:36
	OK, at this time with the applicant might come forward state your name and address for the record.	00:48:37
	Good evening. I'm Chad Johnson.	00:48:48
	8634.	00:48:51
	US Hwy. 150.	00:48:52
	Hardinsburg, IN.	00:48:54
	Go ahead. Just basically just need to state your case and what you're wanting to do.	00:49:00
	So.	00:49:06
	Do you all have the cover letter?	00:49:08
	We do. OK. So on that cover letter, you'll see a little little photo of what we have already in Washington.	00:49:09
	County and that gives you just a little idea.	00:49:14
	We My family likes to travel to and from the Dominican from time to time. I.	00:49:17
	I spent a number of years here as a child and so we thought we'd bring a little bit of.	00:49:21
	Of our history or background or whatever.	00:49:27
	To our our business. And so that's what we've been doing.	00:49:30
	We would like to move.	00:49:34
	Into Floyd County because of obviously upper.	00:49:35
	Opportunity. More people.	00:49:39
	And uh.	00:49:40
	Anyway.	00:49:43
	So the the plan as you can see on the site map.	00:49:44
	Is to create parking there and then.	00:49:47
	Create a path between clear and out. We went and looked through that that lot.	00:49:51
	And there are some beautiful trees back in there. It's just all over growing a brush right now and vines and everything else. But	00:49:57
	we believe that we could clear that out and create.	00:50:01
	A bunch of them.	00:50:06
	Park like effector and can be really attractive.	00:50:07
	And the path as was stated here the path.	00:50:12
	We had.	00:50:16
	We were kind of a little bit resistant if if.	00:50:17
	If possible, would likely eliminate the idea of a.	00:50:20
	Of concrete or asphalt, because it really isn't.	00:50:24
	It really doesn't fit the mood and what we're doing there.	00:50:28
	And so we've been looking at some alternatives, maybe either boardwalk or possibly decomposed.	00:50:32
	Granite with a solid bar.	00:50:38
	And those are those are a couple of other options.	00:50:41
	But we would definitely improve it. We wouldn't be just a dirt path, it would be, it would be improved a walkway.	00:50:44
	And yeah, as as was mentioned as far as the septic.	00:50:50
	The according to state law and I think Floyd County also.	00:50:55
	We have to return to the.	00:51:00
	Commissary.	00:51:02
	Every night.	00:51:03
	With our.	00:51:05
	So our food trailer.	00:51:06
	Has a disposal.	00:51:09
	At our commissary in Washington County.	00:51:11
	For for our wastewater.	00:51:13
	So we don't need any disposal for wastewater.	00:51:15
	What we've had so far.	00:51:19
	Is we've had a red in port of John.	00:51:21
	For our customers and we would probably.	00:51:24
	Go ahead and do something like that if you look on a site map.	00:51:27
	To the east of the parking there where where it says 40 feet.	00:51:31
	We would have like a.	00:51:37
	At privacy plans with with it.	00:51:39
	A little path around to it and.	00:51:41
	And a Portage. I'm sitting back there for for clients and for.	00:51:43
	Also for their personnel working there.	00:51:46
	So.	00:51:49
	The where we've been so far.	00:51:50
	We have speakers there with music, not loud, soft.	00:51:53
	But I love music, kind of given the same ambience.	00:51:57
	And we would like to.	00:52:00
	Do the same thing here with with vegetation.	00:52:02
	And decorations that that would make.	00:52:06
	Give the ambience of a kind of island feel.	00:52:09
	And then our food is.	00:52:12
	Also is.	00:52:14
	Very traditional Dominican food.	00:52:16
	And really tasty, of course. I feel like rice and beans.	00:52:19
	Grilled chicken.	00:52:23
	Beef and we have.	00:52:24
	Some shake UPS, drinks.	00:52:27
	And all of our like our fried plantains, which is.	00:52:30
	All of those all those foods are fried in like avocado oil. Use no seed oils.	00:52:34
	Where our focus is on healthy food.	00:52:41
	Any questions for Chad?	00:52:47
	So you're going to take the.	00:52:49
	The kitchen food trailer.	00:52:54
	Back to Hardinsburg or not?	00:52:57
	Until we can.	00:53:00
	Until we can further that, we would like to get something else in place where we can leave it there, right?	00:53:01
	But umm.	00:53:06
	It justifies. Financially, it justifies.	00:53:07
	Is justified for us to do that.	00:53:10
	So that would be the first step. So how do you do that?	00:53:12
	Without having a paved.	00:53:16
	There's some sort of a substantial Rd. to pull that in and out on every day.	00:53:19
	If it rains.	00:53:24
	Pour down rain.	00:53:25
	Right.	00:53:27
	Right.	00:53:28
	They're coming in off of the East there, off of that.	00:53:30
	Road there is no.	00:53:34
	There is no curb and there's actually a gravel kind of always up onto the.	00:53:36
	Onto the.	00:53:41
	But you're you're in your only entrance. You've shown on this, you'll have to take.	00:53:43
	Your trailer.	00:53:47
	Where you show your sidewalk, that's where you'll have to exit.	00:53:48
	And I think Mr. B Bowser's question is, is that if it does rain?	00:53:52
	And you need to dump.	00:53:57
	Your facility.	00:53:59
	And you can't get out.	00:54:01
	I guess that's where the question comes.	00:54:03
	So we would be pulling it out to the east.	00:54:06
	What do you mean? I think he's saying he's not going to go down this.	00:54:11
	We're not gonna. They've gotta go straight to the street.	00:54:14
	Well then, that's what he's proposing. He's going to do your ENT.	00:54:18
	You, I mean, you're I mean, that's why.	00:54:22
	You've got certain setbacks and certain requirements. In fact, neighborhood commercial requires you to put a sidewalk in.	00:54:25
	Along along the road along that that facility, if you would want to build a permanent.	00:54:32
	Restaurant umm.	00:54:37
	You're required to put a sidewalk in.	00:54:38
	For the public.	00:54:40
	Is what's there for.	00:54:41
	We we approve things every day right down the street from the car BBQ.	00:54:42
	We made him put sidewalks in.	00:54:47
	He didn't want to put him in, but that's what our neighborhood commercial required, so that's what we.	00:54:49
	We required him to do so.	00:54:53
	So go ahead, Larry. I'm sorry.	00:54:57
	So that gives.	00:54:59
	May I respond to that?	00:55:02
	Oh, absolutely, yes, So so.	00:55:03
	That is kind of the point here is that's why we're looking for for alternatives for our paths because.	00:55:06
	It becomes very.	00:55:13
	Commercial and sterile.	00:55:14
	We're not trying to be a McDonald's.	00:55:16
	And so if we have.	00:55:18
	Concrete paved.	00:55:20
	Sidewalks.	00:55:23
	It kind of ruins the ambience and so we are willing to provide the same.	00:55:24
	The same amenities for the people say I say path to walk on.	00:55:31
	And and.	00:55:35
	Appealing, you know.	00:55:37
	Aesthetically appealing.	00:55:38
	Without.	00:55:40
	Doing concrete and it's not an issue of money, we would be glad to like like I said, decompose granite.	00:55:42
	Is not cheap either.	00:55:49
	But we would, we would be like, like to be able to do something that would be a little more creative.	00:55:51
	Good. How? How many days a week or what are you planning here?	00:55:56
	And the art, I mean, you know, just like.	00:56:02
	Where that trailer sitting at and pull it in and out? I'm like them, I mean.	00:56:05
	I don't understand how it's going to work.	00:56:09
	Especially even the weather we've just had.	00:56:11
	OK.	00:56:14
	We have no problem with.	00:56:18
	With a min and that if.	00:56:20
	You if we do gravel coming out to there.	00:56:22
	But.	00:56:26
	And the other thing would be is if we can get permission to leave it sit there and we and we can tote.	00:56:28
	Some states allow.	00:56:34
	A food trader, like for instance in Virginia.	00:56:37
	Where my daughter is from right now.	00:56:40
	Umm, we were looking at setting up there and they allow us to tote lead the trailer parked.	00:56:44
	And to use one of these waste disposal totes like you would see in a preferred camper.	00:56:49
	And pull that up there and unload your wastewater.	00:56:54
	And put it out every night.	00:56:57
	And that would be great.	00:56:59
	But still pulling it up there though.	00:57:01
	Well, that's a. That's a tote that you're walking.	00:57:04
	Where you are.	00:57:09
	Down at Hardinsburg presently.	00:57:12
	Now do you move that trailer in and out, or does it stay there pretty well permanent?	00:57:14
	What do you do there?	00:57:18
	We move it in and out a couple times a year.	00:57:20
	But umm.	00:57:22
	For the most part of station.	00:57:24
	OK, now is this going to be the same trailer up here that you have down there? Yeah, we're going to pull it up here.	00:57:25
	And as far as we're concerned, we, we don't plan to be moving.	00:57:32
	To other events if we can pull it in or leave it there, but we know that.	00:57:36
	Unless we can get permission.	00:57:41
	To two we may have to pull the trailer out.	00:57:44
	Chad, Chad, let me say something about.	00:57:47
	I really like the idea that you want to invest in Floyd County.	00:57:50
	But the things that go through my mind.	00:57:54
	Is that you've got these nice lights.	00:57:56
	I'll hung out over.	00:57:59
	This trailer.	00:58:00
	And you're going to take the trailer out every day?	00:58:02
	And I'm thinking how you're going to, how's that going to be safe for the public to make sure that.	00:58:04
	You know they're worried properly, they've inspected properly.	00:58:09
	And all the above, you know, so you're taking that out every day.	00:58:13
	Got these lights drum. And then it brings up second question is, is there adequate lighting?	00:58:16
	Keep somebody from getting hurt.	00:58:22
	I mean, we require on any project we have, we require a certain amount of lighting, so.	00:58:24
	So I don't. I don't want to.	00:58:28
	You know, ran on your parade. That's not what I'm trying to do because I think it's great that you're.	00:58:31
	You're a businessman and you're wanting to.	00:58:35
	Do something, Floyd County.	00:58:37
	But it seems like to me that.	00:58:38
	If you could rent a building or.	00:58:40
	I mean, you've got a good business.	00:58:42
	Find a building that you can rent to get this thing started. It'd be a lot cheaper.	00:58:44
	You know, and a lot easier on you.	00:58:48
	But I just don't think this is consistent with what.	00:58:51
	On that corner.	00:58:54
	Ordered deserves OK from the standpoint of what's what has been zoned so.	00:58:55
	I just, I have a hard time. I've had my trust me, I'm not against business.	00:59:01
	Probusiness 100%.	00:59:05
	But I think that.	00:59:07
	That we would have a hard time.	00:59:08
	Justifying to the public.	00:59:10
	Allowing that to go there.	00:59:12
	And not take into consideration sanitary, safe sanitary.	00:59:13
	I've taken safety as far as lighting.	00:59:18
	That we're not going to have mud strung out on the road every time you take it out if it's rained or something.	00:59:22
	And if you're not willing to?	00:59:27
	You know, put in an asphalt road or something that's capable because.	00:59:29
	You know, gravel sounds real good when it's dry.	00:59:32
	And gravel does real good when a strap.	00:59:35
	Two inches of rain hit.	00:59:38
	You know and.	00:59:40
	I can tell you it will go.	00:59:41
	You can stuck in it, you know just that's what happens to it, so.	00:59:43
	You know, I just, I have a lot of concerns. I just, you know.	00:59:47
	I think a food truck coming in, that's for.	00:59:51
	Thunder over Louisville or something like that, That makes all the sense in the world.	00:59:55
	A permanent.	00:59:58
	Business.	01:00:00
	Of this sort I think just doesn't fit the character of our.	01:00:01
	Of the county in that that zoning for that piece of property so.	01:00:05
	Well, two.	01:00:10
	You're talking about moving it in and out.	01:00:12
	You're only 80 feet from 1:50 at that intersection.	01:00:14
	How are you going to safely back it in and out?	01:00:18
	I mean.	01:00:21
	I have a hard time with that.	01:00:22
	And I was wondering, you know, was it going to be permitted or what?	01:00:24
	From where it is?	01:00:27
	When you look at where the parking lot is and where it's at.	01:00:29
	And I don't know, I think.	01:00:33
	We're looking.	01:00:35
	Looking for a large problem here and then you did not answer.	01:00:37
	My question what how many days a week?	01:00:40
	And what hours of the day are you also playing?	01:00:43
	OK, so.	01:00:48
	Let me see if I can.	01:00:52
	Get these. The first thing you were talking about is pulling it in and out.	01:00:53
	Would you permit us to leave it there permanently?	01:00:59
	That question, at this point in time, they're asking you questions so they can make a decision, OK.	01:01:03
	As far as?	01:01:13
	Hours of operation.	01:01:14
	We would be running.	01:01:16
	We'll be ramping up of course, as we could. We would probably be running two days a week.	01:01:19
	Between.	01:01:24
	Between noon.	01:01:27
	And.	01:01:29
	And I assume it's Friday and Saturday or what?	01:01:33
	Yeah, for sure, Saturday.	01:01:37
	I mean, for sure Friday. I'm sorry.	01:01:40
	Sure, Friday.	01:01:42
	That's what we're doing right now.	01:01:44
	I don't have any more questions. Anybody else?	01:01:54
	I mean my I guess.	01:02:00
	So my question is hammered.	01:02:03
	Comments to the board? No, just questions for him at this point. We're on that, OK.	01:02:04
	Is there any other additional research or would you?	01:02:09
	Come up with another plan for the site.	01:02:12
	More detailed plan and then.	01:02:15
	If there is an opportunity to leave it there.	01:02:17
	Us from the state, I guess is to Addison.	01:02:20
	Right. Who has jurisdiction over at the moment?	01:02:25
	Absolutely.	01:02:30
	We yeah, that would be our.	01:02:32
	Of course, in our best interest, leave it there and we would prefer to do that if we could.	01:02:34
	Would be would be glad to do that.	01:02:42
	We do a lot of.	01:02:51
	Vacationing along the East Coast.	01:02:53
	Yeah, other banks all the way down to Myrtle Beach, and we see a number of these places along the coast.	01:02:56
	They're not. They're a little bit more.	01:03:03
	Natural interference, you might say.	01:03:07
	And not so formal. And so that was kind of what we want to bring here.	01:03:09
	But.	01:03:14
	I guess you know, we need to know it.	01:03:15
	If that's not acceptable, then.	01:03:17
	Probably.	01:03:19
	As far as just.	01:03:21
	Paving a path for the food trailer or.	01:03:23
	Finding out from the health department if there's some way we can leave it permanently there.	01:03:26
	That's not a problem.	01:03:30
	But if the whole plan.	01:03:31
	Isn't really the vision of this board here? I don't know if we'd want to.	01:03:34
	Completely restructured to look differently because that's kind of our brand.	01:03:38
	So that helps.	01:03:42
	Well, yeah, I just, I was down in Florida on vacation here not too long ago in Fort Myers, just passed a.	01:03:45
	An ordinance and they just built a food truck facility.	01:03:51
	Exactly this. I mean that would be a perfect situation if you.	01:03:55
	Is there anything like that?	01:03:58
	And by you that there's other food trucks that where you could pull in this?	01:04:00
	Got a common interest and they use the common.	01:04:04
	Facilities and infrastructure.	01:04:07
	Is there anything like that? Because.	01:04:09
	I mean, you probably got a good idea, you got a good product. It just, it needs to be in the right place in my, in my opinion.	01:04:10
	Yeah, I don't think Floyd County, I mean, so far, like you said, I don't think there's anything in Floyd County.	01:04:18
	I don't. I know there's some other food trucks that.	01:04:23
	Tried and haven't been able to.	01:04:26
	Right.	01:04:28
	OK. Any other questions?	01:04:31
	All right. We thank you. We're going to open it up now to anybody that would like to speak.	01:04:34
	In opposition.	01:04:40
	Which I don't see anybody in the room.	01:04:42
	All in favor, I'm sorry.	01:04:45
	In favor.	01:04:47
	Yes, I can see the boy.	01:04:48
	In favor.	01:04:50
	There's nobody anybody in opposition. Likewise it's come forward.	01:04:52
	OK, at this point we need a ballot.	01:04:57
	From someone please.	01:05:01
	FCO 525-12.	01:05:09
	After cover reviews, the board finds that one the special exception will not be interest to the public health, safety and morals.	01:05:12
	And gender where for the community because the future will not inhibit the provision.	01:05:19
	Of emergency services to existing structures or neighboring properties. The free truck.	01:05:23
	We'll also have a parking area as well as a dining area for customers.	01:05:28
	And our public services.	01:05:32
	Personnel that will be accessible via a provided path.	01:05:34
	And the applicant has indicated that they have a plan for waste disposal.	01:05:38
	#2 the use and value of the area adjacent to the property substitute special exception.	01:05:43
	Would not be affecting A substantial adverse manner because.	01:05:48
	This useless is considered low intensity.	01:05:51
	And it's not anticipated to brew significant traffic.	01:05:55
	Neighboring uses in Southeast and West are also commercial businesses, and so the proposed use is consistent.	01:05:59
	With the use in the vicinity.	01:06:05
	#3 the the need for the special exception does arash from some condition procure to the property involved because the property.	01:06:09
	His own neighborhood commercial. The use proposed by the applicant is not.	01:06:15
	Expressly identified in the land use matrix in Floyd County Zoning Arts.	01:06:19
	Thus, the applicant needs a special acceptance approval for the proposed use.	01:06:23
	#4 The strict application, the terms of the Floyd County exerting Ordinance.	01:06:28
	Will not result in an unnecessary hardship in the use of the property because there are numerous uses for the property.	01:06:32
	That meets the.	01:06:38
	Neighborhood commercial zoning requirements #5 The approval of the special exception will not be.	01:06:40
	Not contradict the goals and objectives.	01:06:45
	As a Floyd kind of comprehensive plan because the proposed use is consistent with SMART.	01:06:47
	Growth principles of preserving open space. Farmland new.	01:06:53
	Beauty and critical environmental.	01:06:56
	Environmental areas and the principle of strength and directing the belt towards existing communities.	01:06:59
	The approval will also support encourage small.	01:07:05
	Local businesses in the county and also provides additional food services options for residents as well as.	01:07:07
	Being aesthetically appealing.	01:07:13
	The board zoning.	01:07:16
	You're about denies the petitioner special exception at the meeting held on the 23rd of June 20.	01:07:17
	25 that completes my ball.	01:07:22
	I'll second that.	01:07:25
	We have a second any discussion?	01:07:26
	None, all in favor signify by.	01:07:29
	Those opposed likewise.	01:07:32
	OK. Thank you.	01:07:34
	All right, that.	01:07:38
	Pretty well.	01:07:41
	Up tonight doesn't.	01:07:42
	All right case we need.	01:07:44
	And sign before you leave.	01:07:47
	Where's he's coming with?	01:07:49
	I'll move to adjourn. OK, there's a movement. There's a second all in favor, second by.	01:07:52
	Those opposed.	01:07:58
	Language on this?	01:07:59
	Board members in favor for.	01:08:06
	Since I never might go, it's still favorable because they approved what I said OK.	01:08:08
	So we have heard what you wrote that.	01:08:14
	Adjourned right.	01:08:24

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Documents available for this event
	Document Name	Document type
	Docket FC-05-25-12 Chad Johnson	General Document
	Docket FC-05-25-11 Laura Abplanalp	General Document
	Docket FC-05-25-10 Benjamin Rhodes	General Document

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Transcript

Event transcript
	I kept saying.	00:00:23
	This time we're going to call it Order.	00:01:17
	Regular meeting of the Floyd County Board of Zoning.	00:01:19
	23rd of June 2025.	00:01:23
	At this time, if you will stay and we'll say the National, I mean the Pledge of Allegiance.	00:01:26
	I pledge allegiance to the flag of the United States of America.	00:01:31
	And to the Republic for which it stands, one nation.	00:01:36
	Indivisible with liberty and justice for all.	00:01:41
	Thank you.	00:01:44
	OK. At this time, we'll do a roll call, please.	00:01:46
	Here.	00:01:49
	Here.	00:01:51
	Here here.	00:01:52
	All righty, we got enough.	00:01:56
	Missing one, right?	00:01:58
	Already at this time, we need somebody to make a motion to approve the minutes of the May.	00:02:00
	Meeting and I was not here so I will not be able to vote on that.	00:02:06
	I'll make a motion to approve.	00:02:11
	I got a motion. I need a second second. Any discussion? None all in favor signify aye.	00:02:12
	Those opposed.	00:02:18
	I'm staying. Thank you.	00:02:21
	Alrighty, next thing on the agenda. Any old business.	00:02:23
	No business already.	00:02:26
	Already new business.	00:02:28
	Agenda item number one FC-0 Fat.	00:02:32
	Dash 25-10.	00:02:36
	Development standards Applicant is requesting A variance to convert an existing original house into an accessory.	00:02:39
	Structure that would be located in front of the new primary structure.	00:02:45
	Benjamin Rd.	00:02:49
	5001 Duffy Rd. Void Knobs.	00:02:51
	At this time your staff come forward. Give staff report please.	00:02:54
	Good afternoon.	00:02:59
	First item on the agenda before I go, excuse me.	00:03:02
	She brought to my attention we do not have a full board.	00:03:06
	So if anybody does want to pull any of their.	00:03:09
	Their application.	00:03:12
	They can pull it.	00:03:14
	And bring it in next month if they want to.	00:03:15
	So we're missing one person at this time.	00:03:18
	It takes three of the four that's here.	00:03:20
	To prove so.	00:03:22
	That goes on the record.	00:03:25
	Thanks. First item on the agenda.	00:03:28
	Docket number FC-05-205-10, petitioners.	00:03:31
	Benjamin Roads location, 5001 Duffy Rd. Floyd.	00:03:36
	Floyd's Knobs, Indiana 4711 New Four Sorry 47119.	00:03:40
	Parcel ID 22-04-03-000-281. Point 000-006.	00:03:46
	The request is a development standards variance for accessory structural location.	00:03:56
	That can be found in the Floyd counties.	00:04:00
	In section 5.04 under Article I.	00:04:03
	Zoning district in Israel Residential.	00:04:07
	So a little bit overview.	00:04:09
	The applicant is requesting a development standards variance to an allow accessory structure to be located in front of a primary	00:04:10
	residence in the rural residential.	00:04:14
	Zoning District.	00:04:18
	According to the applicant.	00:04:19
	The 1200 square foot accessory structure was built.	00:04:20
	As a home in the early 1990s but has remained vacant for more than 20 years.	00:04:23
	And has since been repurposed as a barn slash workshop.	00:04:27
	The applicant then constructed a new home behind the barn sometime within the past year.	00:04:32
	To legally non conforming accessory structures pole barns.	00:04:36
	Also located along the private drive leading to the home and barn.	00:04:39
	The primary residence is situated over 1000 feet from the right of way.	00:04:43
	While the barn is located over 750 feet from.	00:04:46
	The barn itself is situated over 450 feet northwest of the home.	00:04:49
	To date, modifications to the former dwelling being converted to a bar, including interior demolition.	00:04:53
	And the reframing of doors and windows to accommodate garage door.	00:04:59
	The home of the barn are completely obscured from the right of way as the property is gated off and the location of the barn is	00:05:03
	not interviewed. Receptive lunge.	00:05:06
	The applicant initially submitted a building permit to our office stated 3/13/24 for the new home.	00:05:09
	Staff compartment pleading an affidavit.	00:05:15
	It stated that you convert the former home to Co compliance structure no later than 12 months from the date of issuance.	00:05:17
	As two building units cannot be located on the same lot per section 4.14.	00:05:22
	Of Floyd County and zoning homes.	00:05:27
	Staff sent the applicant a letter on 4/29/25 informing Home that the structure was in violation of the.	00:05:29
	Floyd County zoning ordinance.	00:05:35
	Then he had 60 days to rectify the issue before the issuance of violence.	00:05:37
	Applicant that submitted the application for the variance on that same day.	00:05:41
	The applicant has expressed interest in having the property rezone and agricultural residential as it would be more compatible.	00:05:45
	For his intended use as well.	00:05:50
	Would allow for him to place other accessory structures.	00:05:52
	Of his.	00:05:55
	Also, our other session shows in front of his home without the need of forbearance.	00:05:58
	The adjacent properties The subject property seats 5 acre lot that is assessed to be a Duffy Rd.	00:06:01
	The subject property is gated. Surrounding zoning districts include office, business, rural, residential to the east.	00:06:06
	Agricultural residential, rural residential, the South, rural residential to the West, and general commercial.	00:06:12
	Residential, urban, rural residential and.	00:06:19
	Residential suburban to the north.	00:06:21
	The majority of uses around the property.	00:06:23
	Or single family dwelling units with the exception of a church located to the West.	00:06:25
	Section 5.04.	00:06:29
	Assessor use slash structure standards.	00:06:32
	The Floyd County zoning states under article I of 65.04 that.	00:06:34
	Accessory Church. You shall be looking to the rear or side of the primary structure unless otherwise permitted in this ordinance.	00:06:39
	Session structures used from arms and private garbage.	00:06:45
	May be allowed in front of the primary structure and Arkansas districts with five or greater.	00:06:47
	Acres, barns and private crossing shall meet front set back requirements are for primary restrictions.	00:06:54
	Primary churches be located on a parcel with an existing legal conforming.	00:07:00
	Accessory restriction may be located to the rear of the existing legal conformity.	00:07:04
	Accessory structure.	00:07:07
	And hear the staff comments.	00:07:09
	One, the approval will not be juris the public health, safety, morals, the general welfare of the community.	00:07:11
	The placement of the barn from the primary church will not inhibit the provision of emergency services to the existing structure	00:07:16
	and neighboring properties.	00:07:19
	Additionally, the structures are considerable distance from neighboring properties that cannot present any traction access for	00:07:23
	public services.	00:07:26
	As they both are placed along private driveway.	00:07:29
	To the user value area adjacent to the property included in the.	00:07:32
	Variance will not be affected substantially adverse manner.	00:07:35
	The conversion of the former home into a warrant may increase the value of the property.	00:07:39
	In addition that adding an accessory church to the property barn will be conquered to the home as it will allow for additional	00:07:43
	storage and parking.	00:07:46
	The Homeland Association are also located considerable distance from the right of way and our security from view of our.	00:07:50
	3 The strict application in terms of designers will result in practical difficulties in the use of the property.	00:07:56
	Zoning ordinance mandates and sector structures of zoning district are placed to the side or rear of a primary structure. Without	00:08:01
	a variance to the applicant would not be committed to keep the structure where currently is located.	00:08:06
	#4 the variance does not involve a structure that's near an airstrip and regulated under again the code 8-201-10 so as there's not	00:08:12
	airstrips anything.	00:08:16
	Our staff recommendations.	00:08:22
	All right. Anybody have any questions for staff, right.	00:08:27
	I have no.	00:08:31
	All right. Thank you, Sir.	00:08:33
	At this time, would the applicant like to come forward and present his case?	00:08:35
	And please state your name and address for the record place.	00:08:39
	Good afternoon, Benjamin Roads, 5001 Duffy Rd. Floyds Knobs IN 47119.	00:08:44
	Thank you for the staff report.	00:08:50
	If you guys go over to my application here, I've got.	00:08:54
	Different things to note from from my own observation, my perspective.	00:08:58
	The home, as Ray said, we built it within the past.	00:09:03
	Year we.	00:09:07
	Pushed about six months past the schedule, but upon submitting for that building permit, as Ray stated, they informed me that yes,	00:09:08
	I did need to convert that from a residence into some sort of.	00:09:15
	Structure that wasn't resonant so that be one residence in property.	00:09:22
	I went ahead and did that. I put a new roof on the building and I did an interior demolition on the building.	00:09:25
	My intent for the structure itself is to be a garage slash workshop, so.	00:09:32
	If you guys see the picture that is.	00:09:37
	Been supplied.	00:09:39
	Looks pretty rough.	00:09:40
	Obviously. But you know, I stopped.	00:09:42
	Once I knew I was out of compliance with the rest of the construction.	00:09:44
	The goals moving forward would be to all new gutters, all new faces, or all new soffits.	00:09:49
	Exterior sightings all going to come off. New sheathing is gonna go down.	00:09:55
	Landscaping all around. It'll be a metal siding with the wainscote.	00:09:59
	New garage doors.	00:10:03
	New Windows, new doors, so to be a completely new structure, new concrete floor, obviously to.	00:10:05
	Raise the interior up a little bit.	00:10:10
	So.	00:10:13
	The structure itself is off of Google Earth.	00:10:14
	Is about 1000 feet from the road. Even in the winter time the structure is not visible.	00:10:17
	Once the tree foliage drops, that's still not visible. The home itself is not visible.	00:10:22
	It's, you know.	00:10:28
	About 1000 feet from anybody really, except me, and that's 500 feet from my own home.	00:10:30
	There's as Ray said, there are also.	00:10:35
	Other structures that were I guess grandfathered in that you pass up that can be seen from the road.	00:10:38
	But again, my goal with this property in the future is to do a little bit of farming there and if I was, to put the home down	00:10:44
	below.	00:10:48
	And like the floodplain area, there's considerable floodplain on the property. It's 65 acres.	00:10:52
	Downloads and floodplain.	00:10:57
	It doesn't leave me a lot of opportunity there, so I put it up on the hill.	00:10:59
	But if?	00:11:02
	I was to build anything to the rear or to the side of the current house.	00:11:03
	It's what's the Floyd's knobs. It's really steep. It's really steep land. It was hard enough to get a septic system in there.	00:11:08
	To put a house or another structure in it.	00:11:14
	We kind of used the whole Knoll, the whole knob, the whole hill that was there. We used that for the home itself now.	00:11:17
	If we were to put anything to the back, I just don't think it's possible.	00:11:23
	So to put anything to the front, you know, that would be my goal once we start farming eventually.	00:11:26
	For for like run insurance for for livestock, but for this building as it sits right now.	00:11:32
	You know it's a good structure at the concrete sound. The floor is good.	00:11:39
	All the wood and the inside is good, so to remove that structure would be a considerable cost, especially if I was trying to	00:11:43
	rebuild that down in the floodplain.	00:11:47
	So you know, that's.	00:11:52
	Kind of the overlay of the land.	00:11:54
	Additionally, there's probably from where the house is now to the to the road is about 33 acres measuring off of Google Earth. So	00:11:57
	out of the 65 acres of property, the acreage that sits behind me is really not usable. It's heavily wooded forest with very steep	00:12:03
	ravines and everything to the front of me I would like to use but a large portion of it is floodplain.	00:12:09
	And to use that.	00:12:16
	You know, well, I can't right now with the current zoning ordinances, I can't use any of the land for structures. So that's about,	00:12:19
	you know, half the property, 33 acres or so.	00:12:23
	And I also I guess I do have the.	00:12:28
	I was told to bring the green cards in.	00:12:31
	OK. And with that I.	00:12:33
	I'm done with my comments, all right. Anybody have any questions?	00:12:35
	The Lord is there intent to leave the.	00:12:39
	The trees that are existing between the road.	00:12:42
	Yes, yeah, actually.	00:12:44
	Worked with the ag office out of cordon to do a tree planting so I was trying to reforest the seven acres that's on the front	00:12:47
	side.	00:12:51
	That got eaten by the deer so I'm trying to replant that again. I'm waiting on the in the office to get back to us for another	00:12:55
	tree planting.	00:12:59
	All those trees lining the Creek will be there. If I don't get the tree planting approved, I would like to do something to help	00:13:04
	with erosion as the Creek has already moved. Since I've had the property for five years now, it's eroded out a good bit.	00:13:09
	So I'm looking at.	00:13:15
	Some fusion green giants. I've got a nursery in Tennessee. It's about $13 a tree that I can have brought up.	00:13:17
	And those are deer resistant and they have foliage year round.	00:13:24
	They grow about 50 feet tall.	00:13:28
	They're really good trees. I've gotten about 99 at my old house that we planted.	00:13:30
	And I plan to order maybe 3 to 400.	00:13:33
	That we planned around the property for more.	00:13:36
	Privacy and obscuring, I guess, the property.	00:13:38
	OK, umm.	00:13:41
	Thank you. Thank you, questions.	00:13:41
	Thank you, Miss Rose.	00:13:45
	Thank you. All righty. OK. At this time we open up the floor to anybody that would like to speak in favor.	00:13:46
	Of this project, please step forward. Just state your name and address for the record.	00:13:52
	Alrighty, don't look like anybody's getting up.	00:14:01
	At this time, we'll open up for anybody has any opposition for this project.	00:14:03
	State component, station name and address.	00:14:07
	It looks like no weights coming forward for that, so at this time I'm looking for a ballot.	00:14:13
	I have one.	00:14:18
	And we have a ball, OK.	00:14:19
	Socket FC-05-205-10.	00:14:21
	After careful review, the board finds that one approval of the variance will not be interest to the public health, safety, morals	00:14:24
	and general welfare of the community.	00:14:28
	Because the placement of the barn in front of the primary structure will not inhibit the provision of emergency services.	00:14:32
	To existing structures.	00:14:39
	Our neighboring properties. Additionally, the structures are.	00:14:40
	Considerably distance from neighboring properties and do not.	00:14:44
	Present any obstructions to access for public services as they are both placed along in private traffic.	00:14:47
	#2.	00:14:53
	The use and value of the area adjacent to the property.	00:14:54
	Included in the variance will not be affected in substantial adverse manner because the conversion of the former home.	00:14:57
	Into a barn may increase the value of the property in addition to adding.	00:15:03
	An accessory structure to the property. The barn would be complementary to the home.	00:15:07
	As it will allow for additional storage and parking.	00:15:11
	The Home and accessory secretary.	00:15:15
	Are also located at considerable distance from the right of way.	00:15:17
	And are obstructed from view.	00:15:21
	Of the right of way.	00:15:23
	#3 the strict application, the terms of zoning ordinance.	00:15:24
	Will result in practical.	00:15:27
	Difficult and use of the product because the zoning art mandates the accessory structure in zone distance. RRB placed.	00:15:29
	To the side or rear of the primary structure. Without a variance, applicant would not be permitted to keep the structure.	00:15:36
	Where it currently is located.	00:15:42
	#4 This variance does not involve the structure that is near an airstrip and regulated under Indiana Code 82110.	00:15:44
	The board.	00:15:53
	APPEALS Hereby GRANTS the petitioner variance at the meeting held on the 23rd of June, 2025.	00:15:55
	Approval by the Board Subject completion of fine condition. Convert the former home into a code compliance structure no later than	00:16:01
	one year from the date.	00:16:05
	Of approval of this variance that completes my.	00:16:09
	Ballot. Now we have a ballot. We need a second.	00:16:12
	I'll second it.	00:16:16
	We have a second any discussion?	00:16:17
	All in favor signify by aye.	00:16:20
	Those opposed likewise.	00:16:22
	You best. Thank you.	00:16:25
	All righty, next item on the agenda.	00:16:44
	Is item number 2.	00:16:47
	FC05.	00:16:50
	25-11.	00:16:52
	Administrative appeal.	00:16:54
	Appealing the notice of a violation dated 5.	00:16:56
	225.	00:17:00
	At this time, staff might come forward.	00:17:03
	Right.	00:17:05
	Shouldn't call you staff all the time? I call you ready.	00:17:07
	OK. The second item on the agenda is docket number FC-05-205-11, the petitioners lower.	00:17:11
	Plan up the location is 5115 Charlestown Rd. New Albany, IN 47150.	00:17:19
	Also, ID is 22-05-08-600-299-000.	00:17:26
	Dash 007. The request is administrative appeal.	00:17:33
	And the zoning district is general commercial, so.	00:17:36
	Going to the overview, the applicant is appealing the May 2nd, 2025 Notice of Violation Letter fine for limited outdoor storage in	00:17:39
	a general commercial zoning district to seasonal sales the finished products.	00:17:44
	The deal was filed.	00:17:50
	Within 30 days of the issuance of the letter, property owners daughter is appealing the fine on his behalf.	00:17:51
	So staff was initially notified of the violation in June of 2023. Building Commissioner Kelly Lane visited the site on 7/14/23.	00:17:56
	And melt the Moors to determine the nature of many violations. Fired. Mailing the initial notice of violation letter dated 8/22/23	00:18:05
	informing them of the violation.	00:18:09
	And proceedings for rectification as well as staff plan.	00:18:14
	Follow up on directions.	00:18:17
	On that same day, Mr. Lane received a call from Miss Atlanta in which she stated that her family was named extenuating	00:18:18
	circumstances.	00:18:22
	Light of this revelation or office?	00:18:25
	Extended the mitigation timeline.	00:18:27
	On 2/15/24.	00:18:28
	Mr. Lang conducted a site visit, took photographs and observed that the violation remained addressed. Second and final notice	00:18:30
	violation letter was mailed to the lawyers.	00:18:34
	822224 that acknowledged that a grace period haven't afforded to the March.	00:18:38
	That the corrective action was not necessary in the.	00:18:43
	We get to create the amount of $50 a day, a correct action not taking within 90 calendar days.	00:18:46
	During a subsequent inspection on May 22nd.	00:18:51
	2024 it was observed that the violation had not been addressed. Almost two months later, on 7/16/24, return visit to the site	00:18:54
	showed that no.	00:18:58
	Mitigation efforts have taken place.	00:19:03
	I notice that finds letter was known by the record building development in the creepy on 7/16/24, reiterating.	00:19:05
	Violation and detailing the total fines accrued today.	00:19:10
	On 4/24/25 Rated by me Planner.	00:19:13
	Visited site into photos that showed that the violation had not been vacated.	00:19:17
	The final letter dated 5/22/25 smells of property once again informing the property owners of violation funds.	00:19:20
	All you received with this letter, the property owners daughter, Laura Planet Mental staff initiated cleanup.	00:19:26
	Of these outdoor storage.	00:19:32
	Since then, the planet has been.	00:19:33
	Correspondence to staff to ensure that abolition has been addressed and resolved.	00:19:35
	Staff notifying the site visit on 5/21/25 that the majority of outdoor storage of materials, specifically barrels.	00:19:38
	Having moved, remaining items later being picked up or moved in the following weeks. Purpose of plan.	00:19:44
	As of 6/16/25, properties compliant no longer in the violation.	00:19:49
	Start of our investigations. The date.	00:19:53
	Mr. Planet contacted our office to address the issue.	00:19:57
	Finds that accrued to the total of $17,300.	00:19:59
	There are no staff comments on administrative bills. Staff comments section.	00:20:03
	Sorry Ray, just looking at the.	00:20:15
	It looks like a notice of fines letter was actually mailed back on July 16th of 24.	00:20:18
	So that would have been our administrative action that we took, correct?	00:20:23
	Yes, OK.	00:20:28
	I just want to clarify that for the board.	00:20:29
	OK. Any questions for Ray?	00:20:33
	The board.	00:20:36
	And I don't we don't have to open this up for public, right?	00:20:39
	You do. You're still going through well.	00:20:43
	Yeah.	00:20:46
	Still doing a public hearing, correct, Nick? Yeah, OK. All right, because they're challenging your the administrative decision of.	00:20:48
	The office.	00:20:54
	So do we need the app?	00:20:55
	Yeah, the applicant first, OK, unless you have any questions are right, no more questions are right. Thank you. Right.	00:20:58
	At this time with the applicant come forward.	00:21:03
	State your name and address for the record.	00:21:07
	And.	00:21:10
	State your case.	00:21:12
	My name is Laura Aplana. I'm the daughter of.	00:21:16
	Hazel Smith Warriors and Peggy Moyers, who are the owners of the property at 5115 Charlestown Rd.	00:21:19
	I am aware that the office has been.	00:21:27
	I am aware that the office sent my parents letters.	00:21:35
	The first letter that I know of was one in November.	00:21:38
	I was out of town with my parents due to extreme medical.	00:21:44
	Is used with my mother.	00:21:48
	I called Mr. Lang.	00:21:50
	Sometime after October.	00:21:53
	23rd.	00:21:55
	I'm sure it was in November.	00:21:56
	From getting the diagnosis of my mother.	00:21:59
	He was very understanding and compassionate. He said he would put this off.	00:22:01
	For a period of time.	00:22:06
	You don't know how bad your parents are until it's too late.	00:22:14
	I didn't know that.	00:22:19
	This existed.	00:22:20
	I had talked to Mr. Lang. He didn't even get into it with me once. I told him where I was and what was going on, and I told him	00:22:22
	exactly what the doctor told me.	00:22:26
	Your mother's got two days to two weeks to live.	00:22:30
	This is I brought my mother's medical, my father's medical records. They're both in the same situation.	00:22:33
	Cognitively.	00:22:39
	It's gone.	00:22:40
	My mother is gone.	00:22:41
	My mother passed away.	00:22:43
	I have no control over my father's business.	00:22:46
	So I've literally just done.	00:22:49
	What I needed to to comply?	00:22:51
	Against his understanding.	00:22:54
	He to this day will tell me that he is grandfathered in. My mother and father started a business out on Charlestown Rd.	00:22:57
	In the early 70s.	00:23:04
	He used that field for everything.	00:23:06
	Lay down yard conduit.	00:23:08
	In his mind.	00:23:10
	He doesn't think he's doing anything wrong.	00:23:12
	And he's really ticked off at me for cleaning it up.	00:23:14
	This is a picture of my mom.	00:23:18
	You all are free to have all of the.	00:23:20
	Medical records and the doctor information.	00:23:22
	My parents just.	00:23:25
	My mother took care of my dad.	00:23:26
	My mother would have taken care of this.	00:23:28
	But the first letter that was.	00:23:32
	August 22nd.	00:23:34
	Both of my parents were in the hospital.	00:23:36
	I don't know what happened to the letter.	00:23:39
	I don't know what happened to the letter until I saw the one.	00:23:41
	May 2nd.	00:23:44
	I can't find them. I asked Gray for him. He did send them to me.	00:23:47
	I asked Gray how they were sent. He said they were sent certified.	00:23:52
	I have no idea.	00:23:56
	I'm just asking for.	00:23:58
	And I found this on your old website.	00:24:01
	I'm asking for consideration to hardship waiver.	00:24:11
	The minute I found out the extent about this after the extended period of time.	00:24:15
	My husband and I came in. I just brought my back.	00:24:21
	My father back from California from a treatment.	00:24:24
	Saw the letter, I think he left it out.	00:24:27
	I saw it on Saturday. On Monday morning we were at the office.	00:24:32
	To meet with Mr. Lang or Kelly.	00:24:35
	Like Ray came in.	00:24:37
	Ray met with me.	00:24:40
	And that afternoon I can show you pictures.	00:24:42
	The stuff was off the driveway.	00:24:45
	Donated it.	00:24:49
	Gave it away.	00:24:50
	Shoved it in the garages that are there, shoved it in trailers that were there.	00:24:52
	I'm sorry this was not my pick. This would never have been my parents intent had things not been.	00:24:57
	Cognitively disrupted for them.	00:25:04
	I didn't know, I didn't think to call.	00:25:09
	Because I didn't know what the extent of this was.	00:25:12
	I'm just asking for a waiver. It's cleaned up. We did it immediately.	00:25:16
	My sister helped.	00:25:21
	If anybody drove out there over the last year or so or prior to July of last year, you would have seen the blue barrels.	00:25:22
	And you would have seen a Please donate your kidney.	00:25:29
	My families, every single one of us, has been in the hospital within one month.	00:25:31
	And I'm I was the healthiest.	00:25:36
	My parents couldn't travel, my two sisters couldn't come to tell my mother goodbye.	00:25:39
	It's been rough.	00:25:44
	It's just been rough and I apologize for.	00:25:45
	It was not.	00:25:47
	Parents, it would have never been my mother or my father's intent to cause harm to Floyd County.	00:25:49
	Their business was here.	00:25:54
	They raised us here.	00:25:56
	We're proud of where we live.	00:25:58
	My mom is proud of her property.	00:25:59
	And I apologize. I apologize for them.	00:26:03
	I would just ask her some compassion and consideration. We didn't.	00:26:06
	It just happened at a bad time. All of it happened at a bad time.	00:26:10
	I think we all totally understand that. We're sorry for that.	00:26:15
	Sure. And it's still ongoing.	00:26:18
	There's not a manual for how to take care of your parents. There's nothing.	00:26:21
	Thank you.	00:26:31
	OK. At this time we have to open it up for anybody that's in.	00:26:35
	Favor of this?	00:26:39
	Process.	00:26:41
	If none, then we open it up for anybody. It's in opposition of this.	00:26:44
	Which there are none.	00:26:49
	At this time.	00:26:50
	We need a ballot.	00:26:52
	And make sure you want to explain what we're doing. So from the just from the process of where we are, an applicant has 30 days	00:26:54
	to.	00:27:00
	Appeal an administrative decision.	00:27:06
	Umm, that decision, that administrative decision would have been the initial notice of violation and fines. What that so?	00:27:09
	The appeal was not timely filed, but that does not mean you cannot.	00:27:17
	Discuss and negotiate the fines.	00:27:21
	Right. So the property's cleaned up. We're past that point. So it's really just a discussion of.	00:27:24
	What finds, if any, are appropriate on the property which would be under number?	00:27:27
	6 So you can deny the appeal, which is.	00:27:32
	Upholding the violations that happen because they did happen on the property.	00:27:35
	You're confirming that they happened.	00:27:39
	But modifying that decision in the amount of fines.	00:27:41
	Does that make sense?	00:27:46
	All right, so.	00:27:48
	I'm looking for a ballot.	00:27:54
	I'm gonna work on it.	00:27:56
	A little clarification.	00:28:00
	All right, no problem.	00:28:01
	OK. All right.	00:28:04
	Chicago Fireworks.	00:28:21
	My news.	00:30:29
	What's the weather modifying that?	00:30:52
	I have a partial ballot that we need to discuss as a.	00:30:55
	Board, uh.	00:31:13
	Where we want to see the fines already currently.	00:31:14
	Fines total $17,300 How much $17,300?	00:31:18
	So.	00:31:24
	I'll throw out 1/3.	00:31:28
	I don't know what the rest of you think.	00:31:30
	What'd you say, $100?	00:31:32
	That's what I said.	00:31:35
	Make it $100. Yeah, mine was $500 is what it was.	00:31:37
	What do you all think? So how much was the application for the appeal?	00:31:46
	Those are dollar value on.	00:31:49
	How much?	00:31:54
	How much was that?	00:31:56
	Our objective was to get it cleaned up.	00:32:01
	Yes, right, right.	00:32:04
	150, so an additional $100 would be 250 total.	00:32:06
	I've got no problem with that.	00:32:10
	OK, Yeah.	00:32:12
	All right, ready, Ready for the ballot.	00:32:31
	Ballot doc at FC-05-25 Dash.	00:32:34
	11 District's name Laura.	00:32:38
	Apple and app.	00:32:40
	Sorry.	00:32:42
	Findings of fact.	00:32:49
	Field decision issued by the Board of Zoning Appeals.	00:32:51
	#2 The date of the appeal decision, 23rd of June of 2025.	00:32:55
	#3.	00:32:59
	Appeal was not filed.	00:33:00
	Timely file within 30 days of the appeal decision.	00:33:03
	#4 Evidence reviewed.	00:33:07
	Staff testimony and applicant testimony and letters confirmed that there were violations of the Floyd County Zoning Ordinance.	00:33:09
	Staff testimony confirmed property is now in compliance.	00:33:17
	With the Floyd County.	00:33:21
	Zoning Ordinance as of 6/16/25.	00:33:24
	#5.	00:33:30
	Evidence.	00:33:31
	Does support the appeal decision?	00:33:32
	And.	00:33:36
	Because the evidence does support the.	00:33:37
	Decision. The appeal is therefore denied.	00:33:39
	Number six.	00:33:42
	The board may modify an appeal decision that is denied.	00:33:44
	And modifications to the decision are as follows. Modify fines to a total of $100.	00:33:47
	Board of ZONING Appeals hereby denies the petitioners administrative appeal at the meeting held on the 23rd day of June, 2025.	00:33:55
	That it's my ballot. All right, we have a ballot. Need a second?	00:34:04
	I'll 2nd I have a second any discussion? The only thing I would comment on is on Page 1 here.	00:34:07
	We're #2 where it says the.	00:34:13
	Date of the appeal decision.	00:34:16
	That's going to be the date of the letter that we issued.	00:34:18
	So that would be.	00:34:21
	The notice of fines is really what she's appealing, not the violations themselves.	00:34:23
	So that would be 716 of 24 needs to be the date there.	00:34:27
	Because that's what they're.	00:34:32
	Discussion.	00:34:33
	Is we're changing the date?	00:34:35
	Of what they're appealing.	00:34:38
	It's not a today's decision, it's at the decision that.	00:34:39
	Administrative decision.	00:34:42
	Do you want to include more than that one date?	00:34:44
	Right. I'm summarizing because that's when the notice of violate the fines went out.	00:34:47
	And they're not contesting the fact that the violations occurred, only the fines.	00:34:52
	We can list three dates but.	00:35:00
	I mean, I don't know that.	00:35:04
	I'm sorry, can you restate that please?	00:35:05
	Yes. So the three days the letters are August 22nd, 23.	00:35:07
	That was the initial violation letter.	00:35:11
	February 22nd of 24 was a final notice of violation.	00:35:14
	Right, that acknowledged the grace period.	00:35:18
	And then we have the notice of fines letter that went out on July 16th of 24.	00:35:21
	They are here today seeking to modify and appeal the fines only in my view.	00:35:27
	They're not asking the violations.	00:35:32
	They're just undefined.	00:35:34
	So what's your preference be to list all three letters, as the decisions being appealed are only that July 16th?	00:35:37
	All three.	00:35:44
	OK. All right. So we're going to amend.	00:35:45
	The ballot.	00:35:49
	Correct. Just from perspective, the the date listed was today's date. But that's not what we're actually right understand.	00:35:50
	February.	00:36:07
	22nd.	00:36:09
	Create movies with.	00:36:17
	Resume home page.	00:36:35
	All right, So my modified ballot on item number 2, the date of the appeal decision.	00:36:39
	We have three dates. The initial notice of violation was 8/22/23.	00:36:44
	Second notice of violation was 2/22 of 24.	00:36:49
	Any notice of fines 7/16/24?	00:36:53
	OK, so the we have a ballot has been amended.	00:36:57
	And we need a second on the amended. I'll second that you have a second on the amended ballot. Any discussion at this point?	00:37:01
	None all in favor signify by aye aye, those opposed likewise.	00:37:08
	Thank you guys.	00:37:13
	So.	00:37:15
	Sylvia.	00:37:17
	Yeah, you're good.	00:37:19
	Yeah, you're good.	00:37:21
	Yeah, you've got to. It's going to cost you $100. That's it.	00:37:22
	So yeah.	00:37:26
	Yeah. Thank you very much for cleaning it up.	00:37:28
	OK.	00:37:41
	3rd and final item on the agenda.	00:37:43
	Is agenda item number 3.	00:37:47
	Dash 05-205-12.	00:37:50
	Special exception.	00:37:54
	Applicant, is your question a special exception to Park?	00:37:55
	And operate a food trailer.	00:37:59
	With an outdoor seating area.	00:38:00
	Chad Johnson slash Wildfire Business, LLC.	00:38:02
	LLC vacant land on the corner.	00:38:07
	Of Hwy. 150 in Ableton Rd. Floyd Knobs, Indiana.	00:38:11
	At this time.	00:38:15
	I have Ray come up and give a staff report please.	00:38:16
	OK, the final item.	00:38:22
	Only agenda for today is.	00:38:23
	Document Member FC-05-205-12 Petitioners Chad Johnson slash The Wildfire Business LLC The location is where you land on the	00:38:25
	corner.	00:38:30
	Hwy. 115 Edmonton Rd. Fort Knobs, Indiana 47119.	00:38:35
	Parcel IDs are 22-03-01-100.	00:38:39
	Dash 150-000-004 and 22-03-01.	00:38:44
	100.	00:38:51
	Dash 013 Dash.	00:38:52
	000.	00:38:54
	Dash 004.	00:38:55
	The request is a special exception for the food trailer, and the zoning district is neighborhood commercial.	00:38:57
	So a little overview, The applicant is requesting a special exception to operate food trailer in the neighborhood commercial zone.	00:39:02
	Food trailers supposed to be located near the intersection of Mapleton Rd. and Hwy. 150, approximately 80 feet from the southern	00:39:07
	right of way.	00:39:10
	And 60 feet from this western right away.	00:39:13
	Context.	00:39:16
	The property in question received approval for rezoning from RR to NC by the Planning Commission at the 6/17/19 BCA meeting.	00:39:17
	What the state and conditions want Any future development will be required to connect into sanitary sewer systems.	00:39:24
	To the future, commercial use of this property will be compatible.	00:39:30
	That adjoining residential properties and three.	00:39:34
	Above your yard standards will be required.	00:39:38
	For all signage will be county standards.	00:39:41
	The majority of the two loss are presently covered by trees and natural vegetation, with the applicant stating they plan on	00:39:44
	clearing trees for the parking space.	00:39:48
	The combined loss total 0.27 acres with access to the site provided here. Driveway connecting.	00:39:52
	To Napleton Rd. The food trailer, titled Cabaret Kitchen, measures approximately 128 square feet.	00:39:57
	That would be indicating an application that they plan on providing picnic area as well as landscaping for the system with the	00:40:03
	aesthetic of the truck.	00:40:06
	Caribbean island.	00:40:09
	The applicant is approval.	00:40:11
	Provide a 50 foot by 40 foot apartment space with a 16 foot entrance at the Northwest Choir, 5382 Davidson Rd. The trailer will	00:40:12
	have two to three employees and the applicant is proposing service mulch beneath the dining area.	00:40:18
	Literally will not be anchored.	00:40:25
	The Aberdeen Estate of the plan keep their clean by providing trash cans and some heads of waste.	00:40:27
	Also rented waste all receivable.	00:40:31
	Washington County had to commit commissary kitchen.	00:40:33
	There's no septic on either properties.	00:40:36
	Adjacent property The most prevalent zoning districts adjacent to the property. Rural residential neighborhood.	00:40:38
	Commercial commercials.	00:40:42
	Uses surrounding the property.	00:40:45
	Are as follows.	00:40:46
	The coffee shops in South, a church the West, and gas station to the southwest. The aforementioned properties are zoned	00:40:47
	neighborhood commercial.	00:40:51
	The residential zone properties located north and northeast of the property comprised of a single family dwelling units.	00:40:54
	Staff findings.	00:41:01
	The special exception will not be injurious to the public health, safety, morals in general for the community. The food truck will	00:41:03
	not inhibit the provision of our emergency services to the existing structure.	00:41:07
	Or neighboring properties? The food truck.	00:41:12
	Also have parking areas as well as a dining area for customers and or public service personnel that will be accessible via	00:41:14
	provided path and the applicant has indicated that they have a plan for waste.	00:41:18
	This moment considerations will have to be made concerning access and the two in from the site.	00:41:24
	I would like to.	00:41:28
	Add that I do have some concerns about how the trailer will be.	00:41:30
	Placed on the property, especially during, you know, colder.	00:41:34
	Wetter seasons.	00:41:37
	Specifically.	00:41:41
	In the winter and or in.	00:41:42
	Late fall.	00:41:44
	Also.	00:41:47
	Restrooms for customers.	00:41:48
	As well as safety to and from.	00:41:50
	Parking area as well as water wastewater management.	00:41:52
	2 The use and value of the area just to the property.	00:41:58
	Subject to the special exemption.	00:42:01
	Will not be.	00:42:03
	Affected in a substantially first manner. This is considered low density or low intensity and is not anticipated.	00:42:04
	Reduce significantly traffic.	00:42:10
	Never uses the southeast and West are also commercial businesses, so the pros use are consistent with the uses of vicinity. There	00:42:12
	are residential uses located north and east of the properties and conditions should be imposed.	00:42:17
	To ensure that the operation of business and not like residents. This quality of life as this usually locate outside.	00:42:22
	I would like to also add to that that the use may be affected given the parameters.	00:42:31
	That I'll be listing in the staff recommendations.	00:42:35
	Such as?	00:42:38
	Wastewater management. The aesthetic look.	00:42:40
	And the site plan not being super detailed so not really knowing what.	00:42:44
	Finished product is going to look like.	00:42:49
	#3 The need for the special exception does arise from some condition peculiar to the property involved.	00:42:51
	Although the property is on every commercial, these proposed by the applicant is not expressly identified in the land use matrix	00:42:57
	in the Floyd County Zoning Zoning Ordinance. Thus.	00:43:01
	The applicant needs special exception approval for the use.	00:43:06
	#4.	00:43:09
	Strict application of the terms of Floyd County zoning ordinance will result in unnecessary hardship in the use of the property.	00:43:10
	These proposed by kids not expressly identified on land use matrix the floor candies owners, thus the need.	00:43:16
	They need special approval for the use as strict application in terms of the ordinance does not prevent the specific use and land	00:43:20
	use matrix. But I would like to add that the property couldn't be used for other.	00:43:25
	Purposes if they were not to receive approval for this request.	00:43:31
	And #5.	00:43:36
	Approval of the special exception will not contradict those objectives of the Floyd County Comprehensive Plan.	00:43:37
	The proposed use is consistent with the Smart Growth principles, preserving open space, farmland, natural beauty, and critical	00:43:44
	environmental areas.	00:43:47
	And the principal of strengthening and directing development towards existing communities.	00:43:50
	Who will also support encourage small local business in the county and also provides additional food service options for residents	00:43:55
	as well as being aesthetically.	00:43:58
	Appealing to best to not build property values.	00:44:02
	But not given.	00:44:05
	A detailed site plan is kind of hard to determine what that would look like.	00:44:07
	When it's completed.	00:44:10
	Staff Recommendations Hours of operation between 8:00 AM to 10:00 PM.	00:44:12
	Parking area to be a minimum 25 feet from the right away to allow mortars. Ample space between the right of way and garden area	00:44:16
	for entering size exiting the property.	00:44:20
	Provide a buffer yard between the property and the adjacent residential property located to the north. Consistent buffer yard to	00:44:24
	standards outline in section 5.09. Buffer yard standards.	00:44:29
	Floyd County.	00:44:36
	Follow in dot standards for commercial entrances a minimum 25 return radius for vehicles entering slides exiting the parking area.	00:44:37
	Part and spaces high walks must be paved and meet the parking standards. Outline the section 5.20.	00:44:44
	As well as being.	00:44:50
	88 compliant provide enclosed bathroom slash washing facilities such as portable toilets for customers that will be screened from	00:44:51
	the right away.	00:44:54
	And provide more detailed development plan with eight.	00:44:58
	Aforementioned conditions.	00:45:01
	You out of breath?	00:45:05
	OK. Anybody on the board have a question for Ray?	00:45:09
	Ray, your notation on sidewalks that is from the lot to the truck location, that is not sidewalks along the.	00:45:13
	That's the sidewalks, yet from the parking lot that leads to the dining area.	00:45:21
	Along to the future.	00:45:26
	OK. Thank you.	00:45:28
	I just want to. I want to go back.	00:45:31
	On at the very beginning of your report.	00:45:33
	On contacts, the property in question received approval.	00:45:37
	Rezoning. I was on that.	00:45:40
	I was on that board.	00:45:42
	And I do remember.	00:45:45
	Very distinctly that.	00:45:47
	Any future development will be required to connect to sanitary sewer.	00:45:49
	OK also.	00:45:53
	The future commercial uses property must be compatible compliant with a joint residential.	00:45:55
	So I want to just go on record state that.	00:46:00
	Secondly.	00:46:03
	#4 and.	00:46:04
	The strict application of the terms of Ford County zoning ordinance.	00:46:07
	It will not result in unnecessary hardship of the use of the property because there's a there's a lot of other uses that the	00:46:11
	property.	00:46:14
	Can be used for SO.	00:46:18
	I just want to go.	00:46:20
	And state that.	00:46:21
	That's all I have. Anybody else?	00:46:23
	Nick Crabby, director of building and.	00:46:33
	Among other titles.	00:46:38
	The county does not have.	00:46:42
	Any regulations towards food trucks? The Planning Commission has not given any guidance so far.	00:46:44
	Towards the ordinance for how to treat.	00:46:51
	Food trucks.	00:46:54
	We have allowed.	00:46:56
	Food trucks to operate in the county and events.	00:46:57
	As a kind of temporary use type of a situation.	00:47:02
	This is the first time that.	00:47:06
	We've had to decide someone that wanted to use.	00:47:08
	Site permanently for food truck operations.	00:47:11
	So we do not have.	00:47:16
	Many standards, so it's difficult for staff to kind of put together.	00:47:18
	Some recommendations on this?	00:47:22
	We have looked at some other ordinances around the state.	00:47:24
	One one of the key items and concerns that I have towards this.	00:47:29
	Proposal.	00:47:33
	Is restrooms.	00:47:34
	Where will staff?	00:47:38
	Go to the restroom where we're all.	00:47:39
	Client customers use the restroom.	00:47:43
	That is a a.	00:47:46
	Concern with this type of.	00:47:47
	Involvement. The reason why?	00:47:50
	We didn't look at some of the requirements from the.	00:47:52
	Zoning change.	00:47:57
	This is actually.	00:47:59
	Being a food truck is a temporary. It's not a strike. It's not a permanent structure.	00:48:01
	So the consideration there was a little bit different.	00:48:05
	Different I would urge you to consider.	00:48:10
	This proposal.	00:48:15
	Carefully.	00:48:17
	We will be looking at this at the plank.	00:48:19
	And.	00:48:22
	And that is a.	00:48:25
	Growth area for the county.	00:48:27
	Identified in the Comprehensive plan.	00:48:29
	So we want to make sure we do it right there.	00:48:32
	Next day.	00:48:36
	OK, at this time with the applicant might come forward state your name and address for the record.	00:48:37
	Good evening. I'm Chad Johnson.	00:48:48
	8634.	00:48:51
	US Hwy. 150.	00:48:52
	Hardinsburg, IN.	00:48:54
	Go ahead. Just basically just need to state your case and what you're wanting to do.	00:49:00
	So.	00:49:06
	Do you all have the cover letter?	00:49:08
	We do. OK. So on that cover letter, you'll see a little little photo of what we have already in Washington.	00:49:09
	County and that gives you just a little idea.	00:49:14
	We My family likes to travel to and from the Dominican from time to time. I.	00:49:17
	I spent a number of years here as a child and so we thought we'd bring a little bit of.	00:49:21
	Of our history or background or whatever.	00:49:27
	To our our business. And so that's what we've been doing.	00:49:30
	We would like to move.	00:49:34
	Into Floyd County because of obviously upper.	00:49:35
	Opportunity. More people.	00:49:39
	And uh.	00:49:40
	Anyway.	00:49:43
	So the the plan as you can see on the site map.	00:49:44
	Is to create parking there and then.	00:49:47
	Create a path between clear and out. We went and looked through that that lot.	00:49:51
	And there are some beautiful trees back in there. It's just all over growing a brush right now and vines and everything else. But	00:49:57
	we believe that we could clear that out and create.	00:50:01
	A bunch of them.	00:50:06
	Park like effector and can be really attractive.	00:50:07
	And the path as was stated here the path.	00:50:12
	We had.	00:50:16
	We were kind of a little bit resistant if if.	00:50:17
	If possible, would likely eliminate the idea of a.	00:50:20
	Of concrete or asphalt, because it really isn't.	00:50:24
	It really doesn't fit the mood and what we're doing there.	00:50:28
	And so we've been looking at some alternatives, maybe either boardwalk or possibly decomposed.	00:50:32
	Granite with a solid bar.	00:50:38
	And those are those are a couple of other options.	00:50:41
	But we would definitely improve it. We wouldn't be just a dirt path, it would be, it would be improved a walkway.	00:50:44
	And yeah, as as was mentioned as far as the septic.	00:50:50
	The according to state law and I think Floyd County also.	00:50:55
	We have to return to the.	00:51:00
	Commissary.	00:51:02
	Every night.	00:51:03
	With our.	00:51:05
	So our food trailer.	00:51:06
	Has a disposal.	00:51:09
	At our commissary in Washington County.	00:51:11
	For for our wastewater.	00:51:13
	So we don't need any disposal for wastewater.	00:51:15
	What we've had so far.	00:51:19
	Is we've had a red in port of John.	00:51:21
	For our customers and we would probably.	00:51:24
	Go ahead and do something like that if you look on a site map.	00:51:27
	To the east of the parking there where where it says 40 feet.	00:51:31
	We would have like a.	00:51:37
	At privacy plans with with it.	00:51:39
	A little path around to it and.	00:51:41
	And a Portage. I'm sitting back there for for clients and for.	00:51:43
	Also for their personnel working there.	00:51:46
	So.	00:51:49
	The where we've been so far.	00:51:50
	We have speakers there with music, not loud, soft.	00:51:53
	But I love music, kind of given the same ambience.	00:51:57
	And we would like to.	00:52:00
	Do the same thing here with with vegetation.	00:52:02
	And decorations that that would make.	00:52:06
	Give the ambience of a kind of island feel.	00:52:09
	And then our food is.	00:52:12
	Also is.	00:52:14
	Very traditional Dominican food.	00:52:16
	And really tasty, of course. I feel like rice and beans.	00:52:19
	Grilled chicken.	00:52:23
	Beef and we have.	00:52:24
	Some shake UPS, drinks.	00:52:27
	And all of our like our fried plantains, which is.	00:52:30
	All of those all those foods are fried in like avocado oil. Use no seed oils.	00:52:34
	Where our focus is on healthy food.	00:52:41
	Any questions for Chad?	00:52:47
	So you're going to take the.	00:52:49
	The kitchen food trailer.	00:52:54
	Back to Hardinsburg or not?	00:52:57
	Until we can.	00:53:00
	Until we can further that, we would like to get something else in place where we can leave it there, right?	00:53:01
	But umm.	00:53:06
	It justifies. Financially, it justifies.	00:53:07
	Is justified for us to do that.	00:53:10
	So that would be the first step. So how do you do that?	00:53:12
	Without having a paved.	00:53:16
	There's some sort of a substantial Rd. to pull that in and out on every day.	00:53:19
	If it rains.	00:53:24
	Pour down rain.	00:53:25
	Right.	00:53:27
	Right.	00:53:28
	They're coming in off of the East there, off of that.	00:53:30
	Road there is no.	00:53:34
	There is no curb and there's actually a gravel kind of always up onto the.	00:53:36
	Onto the.	00:53:41
	But you're you're in your only entrance. You've shown on this, you'll have to take.	00:53:43
	Your trailer.	00:53:47
	Where you show your sidewalk, that's where you'll have to exit.	00:53:48
	And I think Mr. B Bowser's question is, is that if it does rain?	00:53:52
	And you need to dump.	00:53:57
	Your facility.	00:53:59
	And you can't get out.	00:54:01
	I guess that's where the question comes.	00:54:03
	So we would be pulling it out to the east.	00:54:06
	What do you mean? I think he's saying he's not going to go down this.	00:54:11
	We're not gonna. They've gotta go straight to the street.	00:54:14
	Well then, that's what he's proposing. He's going to do your ENT.	00:54:18
	You, I mean, you're I mean, that's why.	00:54:22
	You've got certain setbacks and certain requirements. In fact, neighborhood commercial requires you to put a sidewalk in.	00:54:25
	Along along the road along that that facility, if you would want to build a permanent.	00:54:32
	Restaurant umm.	00:54:37
	You're required to put a sidewalk in.	00:54:38
	For the public.	00:54:40
	Is what's there for.	00:54:41
	We we approve things every day right down the street from the car BBQ.	00:54:42
	We made him put sidewalks in.	00:54:47
	He didn't want to put him in, but that's what our neighborhood commercial required, so that's what we.	00:54:49
	We required him to do so.	00:54:53
	So go ahead, Larry. I'm sorry.	00:54:57
	So that gives.	00:54:59
	May I respond to that?	00:55:02
	Oh, absolutely, yes, So so.	00:55:03
	That is kind of the point here is that's why we're looking for for alternatives for our paths because.	00:55:06
	It becomes very.	00:55:13
	Commercial and sterile.	00:55:14
	We're not trying to be a McDonald's.	00:55:16
	And so if we have.	00:55:18
	Concrete paved.	00:55:20
	Sidewalks.	00:55:23
	It kind of ruins the ambience and so we are willing to provide the same.	00:55:24
	The same amenities for the people say I say path to walk on.	00:55:31
	And and.	00:55:35
	Appealing, you know.	00:55:37
	Aesthetically appealing.	00:55:38
	Without.	00:55:40
	Doing concrete and it's not an issue of money, we would be glad to like like I said, decompose granite.	00:55:42
	Is not cheap either.	00:55:49
	But we would, we would be like, like to be able to do something that would be a little more creative.	00:55:51
	Good. How? How many days a week or what are you planning here?	00:55:56
	And the art, I mean, you know, just like.	00:56:02
	Where that trailer sitting at and pull it in and out? I'm like them, I mean.	00:56:05
	I don't understand how it's going to work.	00:56:09
	Especially even the weather we've just had.	00:56:11
	OK.	00:56:14
	We have no problem with.	00:56:18
	With a min and that if.	00:56:20
	You if we do gravel coming out to there.	00:56:22
	But.	00:56:26
	And the other thing would be is if we can get permission to leave it sit there and we and we can tote.	00:56:28
	Some states allow.	00:56:34
	A food trader, like for instance in Virginia.	00:56:37
	Where my daughter is from right now.	00:56:40
	Umm, we were looking at setting up there and they allow us to tote lead the trailer parked.	00:56:44
	And to use one of these waste disposal totes like you would see in a preferred camper.	00:56:49
	And pull that up there and unload your wastewater.	00:56:54
	And put it out every night.	00:56:57
	And that would be great.	00:56:59
	But still pulling it up there though.	00:57:01
	Well, that's a. That's a tote that you're walking.	00:57:04
	Where you are.	00:57:09
	Down at Hardinsburg presently.	00:57:12
	Now do you move that trailer in and out, or does it stay there pretty well permanent?	00:57:14
	What do you do there?	00:57:18
	We move it in and out a couple times a year.	00:57:20
	But umm.	00:57:22
	For the most part of station.	00:57:24
	OK, now is this going to be the same trailer up here that you have down there? Yeah, we're going to pull it up here.	00:57:25
	And as far as we're concerned, we, we don't plan to be moving.	00:57:32
	To other events if we can pull it in or leave it there, but we know that.	00:57:36
	Unless we can get permission.	00:57:41
	To two we may have to pull the trailer out.	00:57:44
	Chad, Chad, let me say something about.	00:57:47
	I really like the idea that you want to invest in Floyd County.	00:57:50
	But the things that go through my mind.	00:57:54
	Is that you've got these nice lights.	00:57:56
	I'll hung out over.	00:57:59
	This trailer.	00:58:00
	And you're going to take the trailer out every day?	00:58:02
	And I'm thinking how you're going to, how's that going to be safe for the public to make sure that.	00:58:04
	You know they're worried properly, they've inspected properly.	00:58:09
	And all the above, you know, so you're taking that out every day.	00:58:13
	Got these lights drum. And then it brings up second question is, is there adequate lighting?	00:58:16
	Keep somebody from getting hurt.	00:58:22
	I mean, we require on any project we have, we require a certain amount of lighting, so.	00:58:24
	So I don't. I don't want to.	00:58:28
	You know, ran on your parade. That's not what I'm trying to do because I think it's great that you're.	00:58:31
	You're a businessman and you're wanting to.	00:58:35
	Do something, Floyd County.	00:58:37
	But it seems like to me that.	00:58:38
	If you could rent a building or.	00:58:40
	I mean, you've got a good business.	00:58:42
	Find a building that you can rent to get this thing started. It'd be a lot cheaper.	00:58:44
	You know, and a lot easier on you.	00:58:48
	But I just don't think this is consistent with what.	00:58:51
	On that corner.	00:58:54
	Ordered deserves OK from the standpoint of what's what has been zoned so.	00:58:55
	I just, I have a hard time. I've had my trust me, I'm not against business.	00:59:01
	Probusiness 100%.	00:59:05
	But I think that.	00:59:07
	That we would have a hard time.	00:59:08
	Justifying to the public.	00:59:10
	Allowing that to go there.	00:59:12
	And not take into consideration sanitary, safe sanitary.	00:59:13
	I've taken safety as far as lighting.	00:59:18
	That we're not going to have mud strung out on the road every time you take it out if it's rained or something.	00:59:22
	And if you're not willing to?	00:59:27
	You know, put in an asphalt road or something that's capable because.	00:59:29
	You know, gravel sounds real good when it's dry.	00:59:32
	And gravel does real good when a strap.	00:59:35
	Two inches of rain hit.	00:59:38
	You know and.	00:59:40
	I can tell you it will go.	00:59:41
	You can stuck in it, you know just that's what happens to it, so.	00:59:43
	You know, I just, I have a lot of concerns. I just, you know.	00:59:47
	I think a food truck coming in, that's for.	00:59:51
	Thunder over Louisville or something like that, That makes all the sense in the world.	00:59:55
	A permanent.	00:59:58
	Business.	01:00:00
	Of this sort I think just doesn't fit the character of our.	01:00:01
	Of the county in that that zoning for that piece of property so.	01:00:05
	Well, two.	01:00:10
	You're talking about moving it in and out.	01:00:12
	You're only 80 feet from 1:50 at that intersection.	01:00:14
	How are you going to safely back it in and out?	01:00:18
	I mean.	01:00:21
	I have a hard time with that.	01:00:22
	And I was wondering, you know, was it going to be permitted or what?	01:00:24
	From where it is?	01:00:27
	When you look at where the parking lot is and where it's at.	01:00:29
	And I don't know, I think.	01:00:33
	We're looking.	01:00:35
	Looking for a large problem here and then you did not answer.	01:00:37
	My question what how many days a week?	01:00:40
	And what hours of the day are you also playing?	01:00:43
	OK, so.	01:00:48
	Let me see if I can.	01:00:52
	Get these. The first thing you were talking about is pulling it in and out.	01:00:53
	Would you permit us to leave it there permanently?	01:00:59
	That question, at this point in time, they're asking you questions so they can make a decision, OK.	01:01:03
	As far as?	01:01:13
	Hours of operation.	01:01:14
	We would be running.	01:01:16
	We'll be ramping up of course, as we could. We would probably be running two days a week.	01:01:19
	Between.	01:01:24
	Between noon.	01:01:27
	And.	01:01:29
	And I assume it's Friday and Saturday or what?	01:01:33
	Yeah, for sure, Saturday.	01:01:37
	I mean, for sure Friday. I'm sorry.	01:01:40
	Sure, Friday.	01:01:42
	That's what we're doing right now.	01:01:44
	I don't have any more questions. Anybody else?	01:01:54
	I mean my I guess.	01:02:00
	So my question is hammered.	01:02:03
	Comments to the board? No, just questions for him at this point. We're on that, OK.	01:02:04
	Is there any other additional research or would you?	01:02:09
	Come up with another plan for the site.	01:02:12
	More detailed plan and then.	01:02:15
	If there is an opportunity to leave it there.	01:02:17
	Us from the state, I guess is to Addison.	01:02:20
	Right. Who has jurisdiction over at the moment?	01:02:25
	Absolutely.	01:02:30
	We yeah, that would be our.	01:02:32
	Of course, in our best interest, leave it there and we would prefer to do that if we could.	01:02:34
	Would be would be glad to do that.	01:02:42
	We do a lot of.	01:02:51
	Vacationing along the East Coast.	01:02:53
	Yeah, other banks all the way down to Myrtle Beach, and we see a number of these places along the coast.	01:02:56
	They're not. They're a little bit more.	01:03:03
	Natural interference, you might say.	01:03:07
	And not so formal. And so that was kind of what we want to bring here.	01:03:09
	But.	01:03:14
	I guess you know, we need to know it.	01:03:15
	If that's not acceptable, then.	01:03:17
	Probably.	01:03:19
	As far as just.	01:03:21
	Paving a path for the food trailer or.	01:03:23
	Finding out from the health department if there's some way we can leave it permanently there.	01:03:26
	That's not a problem.	01:03:30
	But if the whole plan.	01:03:31
	Isn't really the vision of this board here? I don't know if we'd want to.	01:03:34
	Completely restructured to look differently because that's kind of our brand.	01:03:38
	So that helps.	01:03:42
	Well, yeah, I just, I was down in Florida on vacation here not too long ago in Fort Myers, just passed a.	01:03:45
	An ordinance and they just built a food truck facility.	01:03:51
	Exactly this. I mean that would be a perfect situation if you.	01:03:55
	Is there anything like that?	01:03:58
	And by you that there's other food trucks that where you could pull in this?	01:04:00
	Got a common interest and they use the common.	01:04:04
	Facilities and infrastructure.	01:04:07
	Is there anything like that? Because.	01:04:09
	I mean, you probably got a good idea, you got a good product. It just, it needs to be in the right place in my, in my opinion.	01:04:10
	Yeah, I don't think Floyd County, I mean, so far, like you said, I don't think there's anything in Floyd County.	01:04:18
	I don't. I know there's some other food trucks that.	01:04:23
	Tried and haven't been able to.	01:04:26
	Right.	01:04:28
	OK. Any other questions?	01:04:31
	All right. We thank you. We're going to open it up now to anybody that would like to speak.	01:04:34
	In opposition.	01:04:40
	Which I don't see anybody in the room.	01:04:42
	All in favor, I'm sorry.	01:04:45
	In favor.	01:04:47
	Yes, I can see the boy.	01:04:48
	In favor.	01:04:50
	There's nobody anybody in opposition. Likewise it's come forward.	01:04:52
	OK, at this point we need a ballot.	01:04:57
	From someone please.	01:05:01
	FCO 525-12.	01:05:09
	After cover reviews, the board finds that one the special exception will not be interest to the public health, safety and morals.	01:05:12
	And gender where for the community because the future will not inhibit the provision.	01:05:19
	Of emergency services to existing structures or neighboring properties. The free truck.	01:05:23
	We'll also have a parking area as well as a dining area for customers.	01:05:28
	And our public services.	01:05:32
	Personnel that will be accessible via a provided path.	01:05:34
	And the applicant has indicated that they have a plan for waste disposal.	01:05:38
	#2 the use and value of the area adjacent to the property substitute special exception.	01:05:43
	Would not be affecting A substantial adverse manner because.	01:05:48
	This useless is considered low intensity.	01:05:51
	And it's not anticipated to brew significant traffic.	01:05:55
	Neighboring uses in Southeast and West are also commercial businesses, and so the proposed use is consistent.	01:05:59
	With the use in the vicinity.	01:06:05
	#3 the the need for the special exception does arash from some condition procure to the property involved because the property.	01:06:09
	His own neighborhood commercial. The use proposed by the applicant is not.	01:06:15
	Expressly identified in the land use matrix in Floyd County Zoning Arts.	01:06:19
	Thus, the applicant needs a special acceptance approval for the proposed use.	01:06:23
	#4 The strict application, the terms of the Floyd County exerting Ordinance.	01:06:28
	Will not result in an unnecessary hardship in the use of the property because there are numerous uses for the property.	01:06:32
	That meets the.	01:06:38
	Neighborhood commercial zoning requirements #5 The approval of the special exception will not be.	01:06:40
	Not contradict the goals and objectives.	01:06:45
	As a Floyd kind of comprehensive plan because the proposed use is consistent with SMART.	01:06:47
	Growth principles of preserving open space. Farmland new.	01:06:53
	Beauty and critical environmental.	01:06:56
	Environmental areas and the principle of strength and directing the belt towards existing communities.	01:06:59
	The approval will also support encourage small.	01:07:05
	Local businesses in the county and also provides additional food services options for residents as well as.	01:07:07
	Being aesthetically appealing.	01:07:13
	The board zoning.	01:07:16
	You're about denies the petitioner special exception at the meeting held on the 23rd of June 20.	01:07:17
	25 that completes my ball.	01:07:22
	I'll second that.	01:07:25
	We have a second any discussion?	01:07:26
	None, all in favor signify by.	01:07:29
	Those opposed likewise.	01:07:32
	OK. Thank you.	01:07:34
	All right, that.	01:07:38
	Pretty well.	01:07:41
	Up tonight doesn't.	01:07:42
	All right case we need.	01:07:44
	And sign before you leave.	01:07:47
	Where's he's coming with?	01:07:49
	I'll move to adjourn. OK, there's a movement. There's a second all in favor, second by.	01:07:52
	Those opposed.	01:07:58
	Language on this?	01:07:59
	Board members in favor for.	01:08:06
	Since I never might go, it's still favorable because they approved what I said OK.	01:08:08
	So we have heard what you wrote that.	01:08:14
	Adjourned right.	01:08:24