Floyd County BZA
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Transcript
| It's bothering me to tell you. | 00:00:02 | |
| They heard Christy well. | 00:00:04 | |
| Oh yeah, I'd say so. | 00:00:08 | |
| She looks better at me now. I was just picking on you. | 00:00:13 | |
| Hey, that's OK. | 00:00:17 | |
| Minutes. We must have had our baby. | 00:00:38 | |
| Yes, she had it. | 00:00:41 | |
| I wouldn't want to be in there so. | 00:00:46 | |
| Move to the middle. | 00:00:50 | |
| Yeah, you have that. | 00:00:51 | |
| You can sit on the end down there. | 00:00:53 | |
| How you doing? | 00:00:55 | |
| Good evening, everybody. It's 5:00. | 00:01:04 | |
| According to my phone and my tablet. So I guess it means we will get started. Volume is. | 00:01:09 | |
| Really loud, isn't it? | 00:01:14 | |
| I'm sorry folks, I can try to move back. | 00:01:16 | |
| Yes, wow. | 00:01:19 | |
| We don't have the ability to address that. | 00:01:21 | |
| OK. | 00:01:23 | |
| Do my best to not scream in your ear. | 00:01:25 | |
| Anyway, welcome to tonight's Floyd County Board of Zoning Appeals meeting. | 00:01:28 | |
| This is. | 00:01:31 | |
| Monday, September 8th. | 00:01:34 | |
| We have a. | 00:01:36 | |
| Pretty busy agenda this evening and I'd like to go ahead and call the meeting officially to order and we will begin with roll | 00:01:38 | |
| call. | 00:01:41 | |
| Here. | 00:01:45 | |
| Here here. | 00:01:47 | |
| Here. | 00:01:49 | |
| Here, OK, we do have a full board so let's. | 00:01:51 | |
| We'll move to minutes, the minutes of our last meeting. | 00:01:57 | |
| From August has been circulated in advance of tonight's meeting so. | 00:02:00 | |
| I assume everyone's had a chance to review those. I would entertain any. | 00:02:04 | |
| Comments, corrections, or additions? | 00:02:08 | |
| And if we have none, then I would entertain a motion to approve. | 00:02:10 | |
| I will do make a motion. | 00:02:13 | |
| I'll second. | 00:02:16 | |
| We have a motion and a second. | 00:02:17 | |
| All those in favor signify by saying aye aye. | 00:02:19 | |
| Any opposed like sign? | 00:02:22 | |
| The minutes are approved as presented. | 00:02:24 | |
| Moving on. | 00:02:28 | |
| To our formal agenda, our first item of business this evening is an old business item, agenda item one FC-06. | 00:02:29 | |
| Dash 25-14 Development standards variance. I believe Ray is going to come and. | 00:02:36 | |
| Update the board on that. | 00:02:42 | |
| Good afternoon, everyone. | 00:02:47 | |
| First item on the agenda is docket number FC-06-205-14. | 00:02:49 | |
| Petitioners Commonwealth Sign Company. | 00:02:55 | |
| Location is 401 Exploration Way, Georgetown, IN. | 00:02:57 | |
| Zip code 47122. | 00:03:01 | |
| The request is a development standards variance for individual sign maximum size as outlined in the Florida County Zoning | 00:03:03 | |
| Ordinance. | 00:03:06 | |
| Section 5.27 in the zoning district is office business. | 00:03:11 | |
| So a little bit of overeating. | 00:03:15 | |
| The applicant is requesting A variance for two wall signs that will each exceed the 50 square foot maximum allowed. Proposed signs | 00:03:17 | |
| will each be 168.75 square feet. | 00:03:21 | |
| For combined through engineering. | 00:03:26 | |
| Sorry, 337.6 square feet. | 00:03:28 | |
| That would be displayed at the northern side of the property that faces Innovation Parkway and the eastern side of the property | 00:03:31 | |
| that faces Exploration Way. | 00:03:34 | |
| The subject properties at 35,000. | 00:03:38 | |
| 371 square foot building occupied by red wire. | 00:03:41 | |
| On a 4.17 acre lot located in Nova Park. | 00:03:44 | |
| That take part in a relatively remote area. | 00:03:47 | |
| The initial signage was approved by the Redevelopment Commission. | 00:03:50 | |
| The properties north-south and east of the building are zoned office business as well. | 00:03:52 | |
| While the property was the property is in agricultural. | 00:03:56 | |
| Residential. | 00:04:00 | |
| So the section of the ordinance. | 00:04:02 | |
| That stipulates Max sign. | 00:04:04 | |
| Signage. | 00:04:07 | |
| Size is in 5.27. | 00:04:08 | |
| Permanent on premise Science standards Article B. | 00:04:11 | |
| Wall signs shall be located on the facade of the primary structure. | 00:04:14 | |
| No wall sign shall exceed 50 square feet in area. | 00:04:17 | |
| They shall not exceed. | 00:04:20 | |
| Above the eaves of the facade of the building. | 00:04:21 | |
| So staff comments. | 00:04:24 | |
| Approval will not be injurious to the public health, safety, morals and general welfare of the public. | 00:04:25 | |
| Or of the community. | 00:04:30 | |
| Proposed signage will consist of facelift channel letter wall signs which will not pose any physical hazards. For safety concerns, | 00:04:32 | |
| the Floyd County Health Department. | 00:04:36 | |
| As indicated, no issues with the proposal. | 00:04:41 | |
| #2A use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse | 00:04:43 | |
| manner. | 00:04:47 | |
| Signage will not IP the use nor value of an adjacent. | 00:04:51 | |
| Properties is expected. | 00:04:54 | |
| To enhance site. | 00:04:56 | |
| Visibility #3 The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the | 00:04:57 | |
| property. | 00:05:01 | |
| While signage could be reduced to meet the wording the standards, the buildings front entrance is a considerable distance, about | 00:05:05 | |
| 145 feet. | 00:05:08 | |
| From the right way. | 00:05:11 | |
| Motorists driving along Innovation Pkwy may have difficulty seeing the signs for the business. They've had to meet the ordinance | 00:05:13 | |
| of standards. | 00:05:16 | |
| As such, larger signage may be necessary to maintain visibility and ensure effective. | 00:05:19 | |
| Commercial use of the property. | 00:05:23 | |
| The signage fits the scale of a larger building as well. | 00:05:25 | |
| And #4. | 00:05:28 | |
| The various does not. | 00:05:29 | |
| Involve a structure that is near. | 00:05:31 | |
| An airstrip and regulated under Indiana code 8-201-10 as there's no errors in the vicinity. | 00:05:33 | |
| Regulated under that code. | 00:05:39 | |
| Staff recommendations are not. | 00:05:41 | |
| OK. Anyone have questions? | 00:05:45 | |
| For Craig. | 00:05:46 | |
| OK. Thank you, Rick. Appreciate that. | 00:05:48 | |
| Is the applicant or representative of the applicant here? | 00:05:51 | |
| Please come forward, state your name and address for the record. | 00:05:54 | |
| And feel free to give us. | 00:05:58 | |
| Any additional update on this request? Sure. Julie Scarborough, my Commonwealth sign. | 00:06:00 | |
| We're at 1824 Berry Blvd. in Louisville. | 00:06:05 | |
| 4215. | 00:06:08 | |
| I'm just any additional comments since they're not going to have any road signage, no monuments, they're going to help. | 00:06:10 | |
| To. | 00:06:15 | |
| Allow folks that are coming to visit their site, they're not going to have any signage, but that definitely the larger signage | 00:06:16 | |
| will allow them. | 00:06:19 | |
| To be able to have visibility. | 00:06:22 | |
| From the road. | 00:06:24 | |
| OK. | 00:06:26 | |
| Anything else? | 00:06:29 | |
| Any questions from Scarborough? | 00:06:30 | |
| OK is there is there any reason the logo couldn't be the same? | 00:06:33 | |
| Sizes or height as the red wire works. | 00:06:36 | |
| All of their that's all on their brand book. | 00:06:40 | |
| So it follows our brand protocol like everything on the interior. | 00:06:42 | |
| The logo is larger than the letters, so it's based on the spacing between the two. | 00:06:45 | |
| I think the 81 inches is. | 00:06:51 | |
| Way too big. | 00:06:53 | |
| So I'm not in favor of. | 00:06:56 | |
| The 81 by 81 logo so. | 00:06:59 | |
| I'll be honest with you, I have trouble. It's 25 feet. | 00:07:04 | |
| I mean, hey, that's a pretty good distance across that's compared to the room. | 00:07:07 | |
| And that's from. | 00:07:12 | |
| The side of this concrete over here and wider. | 00:07:13 | |
| And that's a pretty good size, and you're talking 145 feet away. | 00:07:16 | |
| And when you look at the one up Greenville? | 00:07:20 | |
| And it's a lot smaller sign and you can see that good going down the highway. I mean, it looks nice. | 00:07:22 | |
| I'm like. | 00:07:28 | |
| Well, an 81. | 00:07:29 | |
| You're talking. | 00:07:31 | |
| The Lance from. | 00:07:32 | |
| Floor. | 00:07:33 | |
| Almost to the ceiling. | 00:07:34 | |
| And across that, hold back up. | 00:07:36 | |
| Back. | 00:07:39 | |
| On that concrete and like I say, I think that's. | 00:07:40 | |
| And that's two sides. | 00:07:42 | |
| 1. | 00:07:44 | |
| Yes, but if you look at it in comparison to the building. | 00:07:46 | |
| It certainly doesn't look like it's. | 00:07:49 | |
| Oversized for the. | 00:07:51 | |
| Dimensions of the building. | 00:07:53 | |
| I. | 00:07:59 | |
| Nick Ruby. | 00:08:03 | |
| Chief Operations Officer. | 00:08:05 | |
| Director of Redevelopment Commission as well. | 00:08:07 | |
| This is in the Nova Tech Park. | 00:08:11 | |
| Work it is. | 00:08:14 | |
| The lot itself was owned by the Redevelopment Commission. | 00:08:16 | |
| Any sign variance? | 00:08:21 | |
| That is requested has to be approved by the Redevelopment Commission. | 00:08:24 | |
| Which it has been. This request has been approved to come before you. | 00:08:29 | |
| This is area that is. | 00:08:34 | |
| Separate and outside of other commercial areas, Other residential areas. | 00:08:37 | |
| The Redevelopment Commission feels that it is. | 00:08:43 | |
| The size of the sign is, not. | 00:08:47 | |
| Outstanding with the branding and character that we are trying to develop in that park. | 00:08:50 | |
| So sorry to blur my minds here, but speaking for the redevelopment question. | 00:08:59 | |
| OK. Thank you, Nick. | 00:09:06 | |
| Do you have any other comment in response to the? | 00:09:08 | |
| What's been said, Everything else. | 00:09:11 | |
| I don't know any any other thoughts or comments from Miss Scarborough. | 00:09:12 | |
| Nope. So your position was basically that the signage on either side is is. | 00:09:17 | |
| Consistent with a structure of that size? Absolutely OK. | 00:09:22 | |
| Thank you. Thank you. | 00:09:27 | |
| OK folks, so. | 00:09:31 | |
| We've heard staff report from the applicant. Is there anyone? | 00:09:33 | |
| Here this evening that would like to. | 00:09:36 | |
| Also, come forward and speak in favor of this request. | 00:09:39 | |
| Seeing none. | 00:09:44 | |
| We'll move to anyone here. | 00:09:45 | |
| That would like to speak in opposition to this request. | 00:09:47 | |
| OK, seeing none. | 00:09:51 | |
| We'll we'll move forward. I would be willing to. | 00:09:54 | |
| Entertain. | 00:09:58 | |
| Motion or ballot if we have one. | 00:10:00 | |
| We don't have that anyone. | 00:10:04 | |
| Have a ballot? | 00:10:06 | |
| Are you going to prepare one? | 00:10:26 | |
| Where? | 00:10:30 | |
| I don't know where you're at, so. | 00:10:31 | |
| You're gonna get it. | 00:10:33 | |
| All right. Thank you. | 00:10:35 | |
| Folks, if you will indulge us. | 00:10:37 | |
| One of our board members can prepare ballot for this. | 00:10:39 | |
| Are you OK with this? | 00:10:44 | |
| If you're OK with it. | 00:10:48 | |
| I can make it easy, I got 1. | 00:10:50 | |
| Oh, OK. | 00:10:57 | |
| All right, just make things go a little faster. Excuse me. All right, this is Docket FC-06. | 00:10:59 | |
| 2513 Commonwealth signs the approval of the variance will. | 00:11:06 | |
| Not being jurors to the public health, safety, morals. | 00:11:11 | |
| Junior Welfare. | 00:11:14 | |
| Of the Community because proposed sign will. | 00:11:15 | |
| Consist of. | 00:11:18 | |
| Facelift channel letters. Wall signs. | 00:11:19 | |
| Which will not pose any fiscal hazard or concerns. | 00:11:21 | |
| #2. | 00:11:24 | |
| The use and the value of the area adjacent to the property includes and the variance will not. | 00:11:25 | |
| Be affected in substantially adverse manner. | 00:11:30 | |
| Because the sign. | 00:11:32 | |
| Will not impede. | 00:11:33 | |
| Nor the use nor value value of adjacent properties. | 00:11:35 | |
| #3. | 00:11:40 | |
| And the strict application of the terms of zoning arts will. | 00:11:41 | |
| Resort practical difficulties in the use of the property because. | 00:11:44 | |
| The building's front entrance is. | 00:11:48 | |
| Considerably distance. | 00:11:50 | |
| From the right of way, motorists driving along innovative Pkwy may have just. | 00:11:52 | |
| Difficulty seeing the sign for business. | 00:11:56 | |
| If it had to be. | 00:11:59 | |
| Met the ordinance standards. | 00:12:00 | |
| A larger sign signage is necessary to maintain visibility. | 00:12:02 | |
| And ensure effective commercial use of the property. | 00:12:06 | |
| The variance does not involve a structure. | 00:12:08 | |
| Near an airstrip regulated under Indiana Code 82110. | 00:12:11 | |
| All right, all right. Infrastructure pressure 1. | 00:12:17 | |
| Copy correct. | 00:12:22 | |
| OK, got it. Yeah. | 00:12:27 | |
| Tell me about it later. | 00:12:29 | |
| The Board of Zoning appeals hereby grants. | 00:12:30 | |
| The potential of variance. | 00:12:33 | |
| At the meeting held on the 11th day of August 2025. | 00:12:34 | |
| That is not valid. | 00:12:38 | |
| Here we have a ballot and we have a second. | 00:12:40 | |
| I'll second. | 00:12:42 | |
| We have a ballot and a second. | 00:12:42 | |
| Mr. Whelan. | 00:12:44 | |
| Any other questions or comments? | 00:12:46 | |
| Seeing none, all those in favor signify by saying aye aye. | 00:12:48 | |
| Any opposed like so? | 00:12:51 | |
| Aye, aye. | 00:12:53 | |
| OK, we have so I'll vote in favor. So we have 3 in favor, 2IN opposition. | 00:12:55 | |
| That's good. Motion passes. | 00:13:01 | |
| Thank you. | 00:13:04 | |
| OK, moving on with this evenings agenda. | 00:13:07 | |
| New business. | 00:13:11 | |
| First item of business this evening is FC-08-205-16. | 00:13:13 | |
| The development standards variance and I believe Ray is going to come forward and get the staff report on that. | 00:13:19 | |
| All right. The petitioner is Brandon Blake. The location is 3010 Fox Hill Drive in Floyds Knobs, IN. | 00:13:27 | |
| Zip code 4711. | 00:13:33 | |
| 9 and the request is for accessory dwelling unit. | 00:13:35 | |
| In the zoning district role. | 00:13:38 | |
| Residential. | 00:13:40 | |
| The applicant is requesting a development standards variance for an accessory dwelling unit on his property subject properties of | 00:13:44 | |
| 1.28 acre lot within the Fox Hill Estates subdivision. | 00:13:48 | |
| The applicant is requesting the constructed carriage house consisting of two floors. | 00:13:53 | |
| With a detached garage on the ground level and living borders about the structural measure 35 feet by 38 feet for a total of 13130 | 00:13:57 | |
| square feet. | 00:14:01 | |
| Include a bedroom. | 00:14:06 | |
| Living bedroom, living room, dining area and. | 00:14:07 | |
| Living space is intended to provide housing for the applicants widowed mother-in-law. | 00:14:12 | |
| The applicant indicated they asked four children that live with him and his wife in the. | 00:14:16 | |
| Primary prisons. | 00:14:20 | |
| So going into staff comments. | 00:14:21 | |
| The approval will not be adjourned to the public health, safety, morals and general welfare of the community. | 00:14:23 | |
| Request is in line with standard carriage house provisions. | 00:14:28 | |
| The carriage house will not be injurious to the public health, safety, morals and general warfare because the carriage house does | 00:14:31 | |
| not differ and the lots used as a residential dwelling. | 00:14:35 | |
| Further, the carriage house will have sufficient utilities access and parking and cause no strain on public services for | 00:14:39 | |
| neighboring problems. So evaluation has been conducted in. The Floyd County Health Department has stated that the Adu is suitable | 00:14:43 | |
| for septic. | 00:14:47 | |
| #2. | 00:14:52 | |
| They used to value the area adjacent to the property, including the variance. | 00:14:53 | |
| Will not be affected in this substantially. | 00:14:56 | |
| At first manner. | 00:14:58 | |
| The use of the lot will remain residential, preserving the character and integrity of the district, and the carriage house is | 00:15:00 | |
| similar in its character and aesthetic as the residents. | 00:15:03 | |
| The carriage house is intended as a private living space for family member rather than a rental unit, minimizing potential impacts | 00:15:08 | |
| such as traffic, noise and parking. | 00:15:12 | |
| Additionally, carriage houses are often considered desirable features in the housing market. | 00:15:16 | |
| I mean, it may increase the property's overall value as well as surrounding property values. | 00:15:20 | |
| The proposed Adu lines of the comprehensive plans smart growth principles by promoting compact building design, directing | 00:15:25 | |
| development toward existing communities, and making efficient use. | 00:15:30 | |
| Of available land. | 00:15:35 | |
| #3 The strict applications of the terms of the zoning ordinance will result in practical difficulties in the use of the property. | 00:15:36 | |
| While the use of the single family dwelling unit will not be adversely impacted. | 00:15:43 | |
| Housing the applicants mother-in-law in a home with an already sizable family can present a practical difficulty and adequate | 00:15:47 | |
| living quarters for the family the Floyd County. | 00:15:51 | |
| Zoning warrants prohibits human occupancy, ancestry structures and does not include any provisions regarding accessory rolling | 00:15:55 | |
| units. | 00:15:58 | |
| Without the Adu that may have difficulty housing his mother-in-law on his property. | 00:16:01 | |
| #4 the variance is not. | 00:16:07 | |
| Involve a structure that is near an airstrip as regulated under in a code 8-201-10 as there's not airstrip vicinity staff | 00:16:09 | |
| recommendations. | 00:16:13 | |
| Regular commitment stating that the ad will not be suffered by. | 00:16:18 | |
| Subdivided or used as a rental. | 00:16:21 | |
| Received septic approval from the Floor Tan Hill Department. | 00:16:23 | |
| And the carriage home to be in line with the home or behind the home. | 00:16:26 | |
| Thank you, Ray. | 00:16:30 | |
| Any questions for Ray from the board? | 00:16:31 | |
| No, I don't. Thanks, Ray. | 00:16:34 | |
| Thank you. | 00:16:35 | |
| OK. We've heard from staff. Is the applicant or representative of the applicant here? Please come forward, state your name and | 00:16:37 | |
| address for the record, please. | 00:16:41 | |
| My name is Brandon Blake. I'm the homeowner at 3010 Fox Hill Drive and the applicant. | 00:16:44 | |
| OK, Mr. Blake, anything else that you would like to share with the board this evening? | 00:16:50 | |
| I mean the application was. | 00:16:55 | |
| Pretty concise with what the gentleman shared. | 00:16:58 | |
| I would only add that. | 00:17:01 | |
| You know, with the. | 00:17:03 | |
| I just couldn't imagine putting my mother-in-law. | 00:17:05 | |
| Nursing home. | 00:17:08 | |
| Being of means to. | 00:17:10 | |
| To not have that be her reality I. | 00:17:13 | |
| I would just like to see it. | 00:17:16 | |
| You know, fruit. | 00:17:18 | |
| Any questions? I do, Commissioner. | 00:17:22 | |
| Would you be opposed to? | 00:17:25 | |
| The proposed structure, moving it to the rear. | 00:17:27 | |
| Of the property just a few feet. | 00:17:30 | |
| To be sure that the front of your proposed cottage is. | 00:17:32 | |
| In line with the existing. | 00:17:36 | |
| Front of the house or behind it? | 00:17:38 | |
| Do you have a problem with moving up? Just I don't know how. You don't have an exact dimension on here so I don't know what it | 00:17:40 | |
| would take. | 00:17:43 | |
| But your drawing shows it in front. | 00:17:46 | |
| We went. | 00:17:50 | |
| Based off the. | 00:17:51 | |
| There was an offset where it had to be 40 foot off of Fox Hill Drive. | 00:17:54 | |
| Is that included in that plot drawing? Yes. You know, it says 40, it says 42 foot, but in order. | 00:17:59 | |
| In order to be. | 00:18:05 | |
| In line with the front in the line of the existing. | 00:18:07 | |
| House it needs to come back another. | 00:18:10 | |
| I don't. You don't have it. Yeah. You don't have a dimension on the existing house, so we can't. | 00:18:13 | |
| Yeah, but it looks like you get room in the back. Yeah, and then. | 00:18:18 | |
| The next question is. | 00:18:22 | |
| Do the garage doors open? | 00:18:23 | |
| Toward the toward the driveway is that house. The structure is going to be situated. | 00:18:25 | |
| OK. | 00:18:29 | |
| OK, that's good. And then? | 00:18:31 | |
| I I don't know if it really got into the inside. Are you putting an elevator in there possibly? | 00:18:33 | |
| It's a it's a lift. | 00:18:38 | |
| Okay. | 00:18:41 | |
| The the stairwell and with her age. | 00:18:43 | |
| I That's one of the problems at the home that that she has now. There's a spiral staircase in there. | 00:18:46 | |
| And. | 00:18:51 | |
| With her age, she has to park. | 00:18:52 | |
| On the ground floor and then go up the spiral staircase to get to the living quarters. And I didn't want to put a chairlift in the | 00:18:54 | |
| stairwell on the carriage house and I did some research on. | 00:18:59 | |
| I mean, it's, it's, it's a lift. | 00:19:06 | |
| The cable lift no that there's that that you've answered quite whatever system you got I just. | 00:19:09 | |
| Couldn't imagine putting her upstairs and. | 00:19:13 | |
| You know, with steps. | 00:19:15 | |
| And then? | 00:19:17 | |
| Existing house is the new. | 00:19:20 | |
| Cottage going to match that facade somewhat brick and what have you. Well, that's why I'm sharing with Gabby. | 00:19:22 | |
| The Tumble brick has been discontinued from the year that the home was built. I found something that's close and then I. | 00:19:28 | |
| Put on the new set of drawings a 2 foot skirt. | 00:19:37 | |
| Instead of breaking it from. | 00:19:40 | |
| The whole exterior. | 00:19:42 | |
| Was going to do a 2. | 00:19:44 | |
| Foot skirt with the stone that's close to the original brick of the home. OK. And then do board and Bat Hardy board, OK. | 00:19:45 | |
| Above that. | 00:19:52 | |
| And then the the lot falls off. | 00:19:54 | |
| To the back into the right hand side. What are you going to do with that? | 00:19:57 | |
| With that, are you? | 00:20:00 | |
| Finish that foundation. Are you going to? | 00:20:01 | |
| Bring dirt back up against it. What was your thoughts there? | 00:20:04 | |
| It'll be a concrete. | 00:20:07 | |
| Wall where the where the slope falls. | 00:20:08 | |
| Uh-huh. | 00:20:12 | |
| And then there'll be a porch on that side with railing. And then there's a, there'll be a ramp installed because the, the | 00:20:12 | |
| workshops in the rear of the carriage house. And that's where I'm going to park my, I have a UV, a mule, Kawasaki mule. | 00:20:19 | |
| Zero term lawn mower, but I'll be able to but you won't be able to put anything toward. | 00:20:27 | |
| Facing from the road, you won't be able to put anything to the right of that. As far as a deck, did you say the deck? | 00:20:31 | |
| Is on the rear of the. It's on the rear facing the pool and yeah, the front, that's where. | 00:20:36 | |
| My. | 00:20:43 | |
| Jared Poor, I can't remember the company. That's where the septic design. | 00:20:46 | |
| They're going to come out there and put the. | 00:20:50 | |
| The tank. | 00:20:53 | |
| Towards between Fox Hill Drive and the carriage house. | 00:20:54 | |
| OK. And then they're going to go. | 00:20:58 | |
| Through the driveway to the lateral field that's been proposed. | 00:21:00 | |
| OK, in the front of the. | 00:21:03 | |
| All right, that's that's all I got. | 00:21:04 | |
| OK. Any other questions? | 00:21:07 | |
| OK, seeing none. Thank you. | 00:21:11 | |
| OK. We've heard from the staff and the applicant is. | 00:21:17 | |
| Is there anyone else here this evening would like to come forward to speak in favor of this application? | 00:21:20 | |
| Please come forward, state your name and address for the record. | 00:21:27 | |
| Yeah, my name is Paul Collins. | 00:21:30 | |
| My company is going to build this. | 00:21:35 | |
| Structure. | 00:21:38 | |
| But. | 00:21:39 | |
| Based on what you were talking about, Victor? | 00:21:42 | |
| We did a. | 00:21:44 | |
| We stepped it off to the transit. | 00:21:46 | |
| That 40 foot that we have today is existing. | 00:21:49 | |
| And if you go out there, the home next door. | 00:21:52 | |
| In his home. | 00:21:57 | |
| It all kind of it it. It's the perfect fit. | 00:22:00 | |
| And it doesn't. | 00:22:04 | |
| It doesn't jet out. | 00:22:05 | |
| It's it's actually. | 00:22:06 | |
| If you go out and see it at. | 00:22:08 | |
| That 40 feet or 42 feet? | 00:22:09 | |
| Is a perfect spot for that house. | 00:22:13 | |
| Well, I think if I'm not correct, Ray, if it goes in front of the house that asks that, is that another variance? | 00:22:16 | |
| No, it will not be in front of house. OK, well as long as it's not. | 00:22:22 | |
| Yeah, right. But why you're while you're there? I'm sorry, I had a question. | 00:22:26 | |
| When will you start and how long do you think the construction is going to last? | 00:22:32 | |
| We're going to start the process as soon as you can walk out of here. Well, you can't do that till. | 00:22:36 | |
| We're going to go, we're going to do the job as soon as we're out of here. | 00:22:43 | |
| In about 6 weeks And how long do you think it take to finish? | 00:22:48 | |
| And the reason I ask that is that just so, so so neighbors, you know, some people it takes forever to build something and it's a | 00:22:54 | |
| mess for. | 00:22:57 | |
| Months or years or whatever. So OK, appreciate your honesty there. | 00:23:01 | |
| OK, anyone else that would like to come forward speak in. | 00:23:12 | |
| Favor of this request this evening. | 00:23:15 | |
| OK, moving on. | 00:23:18 | |
| Is there anyone here that would like to come forward and speak in opposition? | 00:23:19 | |
| OK, seeing none. | 00:23:25 | |
| Is there any reason to call Mr. Blake back? | 00:23:30 | |
| Don't know that there is. | 00:23:33 | |
| Ladies, welcome to. | 00:23:35 | |
| I don't. I don't think so. I would like to clarify though, you 2 could just shake your head. | 00:23:37 | |
| Affirming, if you would. | 00:23:41 | |
| Mr. Collins, you said that. | 00:23:43 | |
| This structure, it will be aligned with the existing house, it will not be in front of it. | 00:23:45 | |
| It will not be in front of their home. | 00:23:51 | |
| OK, because I think the drawing that we see. | 00:23:53 | |
| Shows that. | 00:23:57 | |
| That was the reason for the question. | 00:23:58 | |
| He didn't wanna pay too much. | 00:24:02 | |
| I don't know why it's not. | 00:24:04 | |
| OK. | 00:24:06 | |
| So for the record, Mr. Collins assures the board that it will not be in front. | 00:24:08 | |
| I just want to make sure that that's noted. | 00:24:14 | |
| OK, so we've heard from the applicant. | 00:24:17 | |
| From the public, I would entertain a ballot. If we have one, I have one. | 00:24:21 | |
| Doctor FC. O8-205-16. | 00:24:26 | |
| After cover review, the board finds that approval of the variance will not be interest. | 00:24:29 | |
| To the public health, safety, morals and general welfare of the community. | 00:24:34 | |
| Because the carriage house does not differ. | 00:24:38 | |
| In the lot's use as residential dwelling unit. | 00:24:41 | |
| Further, the carriage house will have sufficient. | 00:24:45 | |
| Utilities access and parking and will cause no strain on public services or neighboring properties. | 00:24:47 | |
| #2. | 00:24:53 | |
| The use and value of the area adjacent to the property, including. | 00:24:54 | |
| Will not be a. | 00:24:58 | |
| Affected in a substantial adverse manner because the use of the. | 00:24:59 | |
| Will remain residential. | 00:25:03 | |
| Preserving the character and integrity of the district. | 00:25:04 | |
| And the carriage house is similar in the characters. | 00:25:07 | |
| And aesthetics as the residents the carriage house. | 00:25:10 | |
| Is attended as a private living space. | 00:25:12 | |
| For a family member, minimizing potential impacts such as traffic, noise and parking. | 00:25:15 | |
| Additional carriage houses. | 00:25:20 | |
| Are often considered a desirable feature in the housing market and may increase the property overall value. | 00:25:22 | |
| As well as surrounding property. | 00:25:27 | |
| The strict application that terms of the zone yarn it's. | 00:25:29 | |
| Will result from practical difficulties use of the property because while the use of the single family dwelling unit will not | 00:25:31 | |
| adversely impacted housing. | 00:25:36 | |
| The applicants mother-in-law in an. | 00:25:40 | |
| In a home with a. | 00:25:42 | |
| Family can present practical difficult. | 00:25:43 | |
| Caught these inadequate living quarters for the family. | 00:25:46 | |
| Without the ad. | 00:25:50 | |
| You, an applicant, may have difficulty housing his mother-in-law on his property. | 00:25:51 | |
| For, the variance does not involve a structure that is near an airstrip and regulated on Indiana code. | 00:25:56 | |
| The Board of Zoning Appeals heard by grants. | 00:26:02 | |
| The petition of variance at the meeting held on the 8th of September, 2025. | 00:26:05 | |
| Approval by the board. | 00:26:09 | |
| Is subject to the completion of the following conditions Receive septic approval from the Floyd County Health Department. | 00:26:11 | |
| The front of the Adu shall not exceed the front of the primary residence. | 00:26:16 | |
| No more than two people can occupy the Adu. | 00:26:21 | |
| Approval by the Board subject to the following written commitment. | 00:26:24 | |
| Provide a written commitment stating that the. | 00:26:28 | |
| Accessory Dwelling Unit will not be subdivided or used as a rental. | 00:26:30 | |
| That completes my ballot. | 00:26:34 | |
| OK, we have a ballot. Do we have a second? | 00:26:36 | |
| I'll second that, give a ballot and a second. | 00:26:38 | |
| Any other questions? | 00:26:41 | |
| Before we move on to a vote, all those in favor signify by saying aye. | 00:26:42 | |
| Aye, any opposed like son? | 00:26:46 | |
| Motion passes. | 00:26:48 | |
| Thank you guys. | 00:26:50 | |
| Next item on our agenda this evening is. | 00:26:52 | |
| Agenda item number 3, Epstein Dash 08-205-17 and development standards variance. | 00:26:55 | |
| And I believe Ray is going to come and get the staff report on that as well. | 00:27:01 | |
| If it's OK with the board, I would like to present both the staff reports for. | 00:27:07 | |
| Agenda item 08/25. | 00:27:13 | |
| R0-205-17 and 08-205-18 as they are for the same lot and for the same variance. | 00:27:16 | |
| Is the board OK with that? | 00:27:24 | |
| Yes, Sir. You sure? OK. | 00:27:25 | |
| We will do that. | 00:27:27 | |
| The location or the petitioner is Paul and Rebecca Bennett. The location is 3610 Rockwood Dr. with Floyd's Knobs, Indiana. | 00:27:29 | |
| Zip code 47119. | 00:27:36 | |
| That request is a development standards variance for ingress slash egress easement less than the 50% requirement. | 00:27:38 | |
| And the zoning district is rural residential. | 00:27:45 | |
| To go into overview. | 00:27:47 | |
| The applicant is requesting the development standard variance to allow use of an existing 13 foot wide private access easement in | 00:27:49 | |
| place of the 50 foot. | 00:27:52 | |
| With required by the Floyd County zoning ordinance for access to two proposed lots. | 00:27:56 | |
| Which will be split from the 9.42 acre subject property. | 00:28:00 | |
| The subject property is landlocked and the ordinance requires law firms to be on either public St. | 00:28:04 | |
| A private recorded access easement with the maintenance. | 00:28:08 | |
| Agreement at least 50 feet wide. | 00:28:11 | |
| The property property currently accesses Rockwood Drive through this pre-existing 13 foot easement. | 00:28:13 | |
| The easement only allows for passage of 1 vehicle at a time and currently serves three other lots. | 00:28:18 | |
| The easement cannot be wired due to it crossing through neighboring properties. | 00:28:23 | |
| And on the subject property even cannot be why new to residents located within 50 feet of the property. | 00:28:26 | |
| Line from Rockwood Dr. | 00:28:32 | |
| Language in the deed for the previous property owner granted access to the live unit easement measuring 13 feet in width dating | 00:28:35 | |
| back to 2004, preceding the adoption of the Floyd County zoning ordinance in 2006. | 00:28:40 | |
| The proposed split will result in two new tracks that will be 3.51 acres and 3.84 acres the frontage. | 00:28:45 | |
| 150 feet and 240 feet respectively, while the pairing track would be 1.93 acres for the 175 feet of frontage. | 00:28:51 | |
| The applicant stated that he intends to split the lot to build residences for relatives, which makes a lot exempt from the | 00:28:59 | |
| subdivision control standards under Item 8. | 00:29:03 | |
| Exempt Subdivisions on page 11 of the Subdivision Control Ordinance. | 00:29:07 | |
| The term subdivision does not include transfers between family members, parents, children, or siblings. | 00:29:12 | |
| So long as the parent track does not divided. | 00:29:17 | |
| More than five lots. | 00:29:20 | |
| Surrounding properties consist of single family dwelling units, also zoned. | 00:29:21 | |
| Rural residential. | 00:29:25 | |
| Not going into staff comments. The approval will not be injurious to the public health, safety, morals and general welfare of the. | 00:29:26 | |
| Community. | 00:29:32 | |
| The 13 foot easement is tree assisting has been safely used for access without issue for years. The proposed variance will serve | 00:29:33 | |
| only will serve only two additional residences creating minimal traffic will have no adverse impact on public infrastructure. | 00:29:39 | |
| Emergency access remains feasible in the Floyd County Health Department indicated objections to the split of the parcels impact. | 00:29:45 | |
| On the subjects property on site solutions system. | 00:29:51 | |
| #2. | 00:29:54 | |
| The use and value of the area adjacent to the property, including the variance, will not be. | 00:29:54 | |
| Affected in a substantiate first manner the use. | 00:29:58 | |
| Of adjacent properties will remain larger when affected, aside from the increased use. | 00:30:01 | |
| Of the existing private access drive. | 00:30:05 | |
| And #3 the strict. | 00:30:07 | |
| Application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. Variances and | 00:30:09 | |
| granted access to the lot to be a priorities will not be permitted. Further, Floyd County zoning earns as does not meet the | 00:30:13 | |
| minimum 50 foot width requirement. | 00:30:17 | |
| The applicant will therefore not be able to split the lot and build two additional single family long units as. | 00:30:22 | |
| #4 The variance does not involve a structure that is near an airstrip and regulated under Indiana Code 82110 as there is no | 00:30:28 | |
| airstrip in the vicinity. Staff recommendations Update access agreement. | 00:30:34 | |
| The stipulations addressing maintenance. | 00:30:40 | |
| Why didn't the access easement along the two properties resulting from the split? | 00:30:42 | |
| No further residential development to be permitted that requires access via the easement to minimize traffic and degradation of | 00:30:46 | |
| the private drive. | 00:30:49 | |
| And secure written confirmation. | 00:30:52 | |
| From the fire department, verifying that the easement can still provide adequate access and service to the to the proposed. | 00:30:54 | |
| Lots resulting. | 00:31:01 | |
| In the event of an emergency. | 00:31:02 | |
| OK. We've heard of staff on these two issues. And just to clarify for the. | 00:31:06 | |
| Those of you in attendance, we we've heard these as one. | 00:31:11 | |
| Or collectively, but we will vote on each of these requests separately. | 00:31:14 | |
| So questions for Ray? | 00:31:19 | |
| I do have a question raised, but a lot of this prop. | 00:31:21 | |
| There is a dam and a lake upstream of this property. | 00:31:24 | |
| And a large portion of. | 00:31:28 | |
| Property. | 00:31:31 | |
| Is apparently subject to flooding. | 00:31:32 | |
| Now when they come in to get a building permit. | 00:31:35 | |
| Is there something that says they can't build in the floodplain, the floodway of that stream or how does that need a permitting | 00:31:39 | |
| from our office for building the floodway or the floodplain building permitting from our office to build? | 00:31:45 | |
| Energy Floodplain. | 00:31:52 | |
| So that's something that we would address. | 00:31:54 | |
| Wait a minute, he's going to clarify, to further clarify what raises, we have an entire section in our ordinance about building in | 00:31:58 | |
| floodplains. | 00:32:02 | |
| The different types of floodplains, whether it's in the fringe or the actual floodplain. | 00:32:07 | |
| And standards that you have to meet or get. | 00:32:13 | |
| The necessary permitting. | 00:32:16 | |
| Well, that's what I I just want to make sure that was being covered by somebody, then that will be verified. | 00:32:18 | |
| At the building permit phase, OK. | 00:32:24 | |
| I may still may mention it in my ballot. | 00:32:27 | |
| Any other questions for Ray while he's here? | 00:32:30 | |
| All right. Thank you. Appreciate it. | 00:32:34 | |
| OK, moving on. We've heard from the staff now. | 00:32:37 | |
| We will hear from the applicant or the representative if they're. | 00:32:40 | |
| Here in attendance. | 00:32:45 | |
| Please come forward and state your name and address for the record. | 00:32:48 | |
| OK. He was not attorney. | 00:32:51 | |
| Good evening. I'm George Gazenhouse. I'm the attorney representing. | 00:32:55 | |
| The band Can you speak in the microphone please? | 00:32:59 | |
| Sorry, we can't hear you. | 00:33:02 | |
| George Gason house here for the applicants, Paul and Mickey Bennett. | 00:33:04 | |
| OK. Thank you. | 00:33:08 | |
| Becky Bennett, 4481 Scottsville Rd. Floyd's Thompson, Indiana. | 00:33:11 | |
| Call Bannon. | 00:33:16 | |
| 4418. | 00:33:17 | |
| Scottsville. | 00:33:19 | |
| OK. Thank you. | 00:33:20 | |
| Is there anything else you folks would like to share with the board this evening before we move to a ballot? | 00:33:21 | |
| I don't think we've got anything to add to the report for. | 00:33:26 | |
| Eager and anxious to answer any questions the board might have about. | 00:33:30 | |
| Their applications. | 00:33:34 | |
| Any questions I do just. | 00:33:36 | |
| When we wrote out there the other day and rode down the road. | 00:33:38 | |
| Before you got to the the culvert. | 00:33:41 | |
| It looked like there was a clear spot and you look up to the right, it looks like there were some stumps and what have you. | 00:33:44 | |
| Is that? | 00:33:49 | |
| A proposed building site at that point. That's one of them, right? | 00:33:50 | |
| OK. And then the second one, where would the second one be? | 00:33:54 | |
| From the wooded area beyond that. | 00:33:58 | |
| Part that's been clear, OK, further further down. | 00:34:00 | |
| Currently, there's no intent to build on that third lot. | 00:34:03 | |
| Right. So you're aware that if it is quick? | 00:34:07 | |
| If it is in the floodplain. | 00:34:11 | |
| Or if it's in the wetlands or something like that, that. | 00:34:13 | |
| That obviously. | 00:34:15 | |
| You've got to get additional approvals. I think I said that right, so. | 00:34:16 | |
| OK. All right. That we kind of figured that, but it's without having any stakes or what have you and knowing exactly where | 00:34:20 | |
| property lands were. | 00:34:23 | |
| We saw that so so is the. | 00:34:27 | |
| The divide. The divide between. | 00:34:30 | |
| Track 2 and track 3, is that pretty much where the? | 00:34:33 | |
| That little culvert is or where the Creek is or is it right in that area? | 00:34:36 | |
| Yes. | 00:34:40 | |
| Yes, that's what we assumed when we were walking that. | 00:34:41 | |
| The other day, but. | 00:34:44 | |
| There's no steak there, no land that gives me the. | 00:34:46 | |
| We weren't quite positive of that. | 00:34:49 | |
| OK. | 00:34:52 | |
| Any other questions for the applicants? | 00:34:54 | |
| Thank you folks. | 00:34:57 | |
| OK. Moving along, is there anyone? | 00:35:02 | |
| Else here this evening that would like to anyone who'd like to come forward and speak in favor of this request this evening. | 00:35:05 | |
| Seeing none. Anyone here who would like to come forward and speak in opposition? | 00:35:14 | |
| OK. | 00:35:19 | |
| Seeing none, we will move to the ballot phase. Do we have a ballot? | 00:35:21 | |
| I do. | 00:35:26 | |
| So the. | 00:35:29 | |
| The first four. | 00:35:31 | |
| Parts of this. | 00:35:33 | |
| Will apply to both 17 and 18. | 00:35:34 | |
| Then when I get to the next. | 00:35:37 | |
| After that. | 00:35:39 | |
| They'll be a little different so I'm only going to. I'm not going to read one through 4 both times. | 00:35:40 | |
| If that's. | 00:35:45 | |
| It's OK with me. It's OK with that. | 00:35:46 | |
| Docket FCO 8. | 00:35:50 | |
| Dash 25-17. | 00:35:52 | |
| After careful reviewed, the board finds that approval of the variance. | 00:35:54 | |
| Will not be interest to the public health, safety, morals and general welfare of the community because the 13 foot easement. | 00:35:58 | |
| Is pre-existing and has been used for access for years. The proposed variance. | 00:36:05 | |
| Will serve only two additional residents. | 00:36:09 | |
| Creating minimal traffic. | 00:36:11 | |
| And have no advance impacts on public infrastructure. Emergency access remains feasible. | 00:36:14 | |
| And the Floyd County Health indicated no objections to the split. | 00:36:19 | |
| Of the partial impact. | 00:36:23 | |
| Parcels on the subject property on. | 00:36:25 | |
| On site sewage systems. | 00:36:27 | |
| The sewage. | 00:36:29 | |
| I mean the. | 00:36:30 | |
| #2 The use and value of the area adjacent of the property included in the variance will not be affected in substantial adverse | 00:36:31 | |
| manner because the use of the adjacent property will remain. | 00:36:36 | |
| Largely unaffected and other. | 00:36:40 | |
| Than an increase in use by vehicles accessing. | 00:36:42 | |
| The new track. | 00:36:45 | |
| Using the existing easement. | 00:36:47 | |
| #3 The strict application the terms of zoning orders will result in practical difficulties in the use of the property. | 00:36:48 | |
| Because if a variance isn't granted access to the lots via private easement. | 00:36:54 | |
| Will not be permitted per the floor county zoning ordinance as the easement does not meet the minimum 50 foot width requirement. | 00:36:59 | |
| The airpoint will be therefore not able to split. | 00:37:05 | |
| Lot and developed a new track. | 00:37:08 | |
| #4 The variance does not involve a structure. | 00:37:10 | |
| That is near an airstrip or regulated under Indiana code. | 00:37:13 | |
| The Board of Zoning Appeals shared by grants the petition of variance at the meeting on the 8th of September. | 00:37:19 | |
| 2025. | 00:37:24 | |
| Approval The Board is subject to the completion of the filing conditions. | 00:37:25 | |
| Provide a 30 foot easement along track 1. | 00:37:28 | |
| South property land. | 00:37:31 | |
| Also provided pull off on track 1 to allow traffic to pass. | 00:37:33 | |
| #2. | 00:37:37 | |
| Update the access. | 00:37:38 | |
| Agreement addressing the two new tracks. | 00:37:40 | |
| And the maintenance of the draft. | 00:37:42 | |
| Provide a copy of to staff prior to recording the new plat. | 00:37:44 | |
| #3. | 00:37:48 | |
| Install a new Carver bridge of sufficient size for the flow over the stream that will support the support emergency vehicles. | 00:37:49 | |
| #4 clearance. | 00:37:57 | |
| Clear the existing 13 foot wide easement of a. | 00:37:59 | |
| To a minimum height of 14 foot and maintain this clearance for emergency access. | 00:38:02 | |
| #5 Secure written confirmation from the fire department. | 00:38:07 | |
| Verifying that the easement can still provide adequate access and service to the pros lot resulting from split. | 00:38:11 | |
| In the event of an emergency. | 00:38:17 | |
| Number six, no resident can be. | 00:38:19 | |
| Constructed in the floodplain or flood way of the stream. | 00:38:21 | |
| #7 No further development is permitted that requires access via. | 00:38:24 | |
| Via the easement. | 00:38:29 | |
| That completes my ballot. | 00:38:31 | |
| OK, we we have a. | 00:38:34 | |
| Ballot on. | 00:38:36 | |
| FC-08-205-17 Do we have a second? | 00:38:39 | |
| I'll second that. | 00:38:44 | |
| We have a ballot and a second. | 00:38:45 | |
| Any other comments or questions about the ballot is submitted. | 00:38:47 | |
| Seeing none, all those in favor signify by saying aye. | 00:38:50 | |
| Aye, any opposed like son? | 00:38:54 | |
| Motion passes. | 00:38:55 | |
| Moving on to FC-OR8-205-18. | 00:38:57 | |
| OK, so 18. | 00:39:01 | |
| The first four paragraphs are the same. | 00:39:03 | |
| I'll start with the board. | 00:39:06 | |
| Of zoning appeals here by grants the petitioner variance at the meeting held on the 8th of September, 2025. | 00:39:08 | |
| Approval by the Board is subject to completion of the following conditions. | 00:39:14 | |
| Number one provide 30 foot easement along Track 2 South property line. | 00:39:18 | |
| Also provided pull off. | 00:39:22 | |
| On track 1 to allow traffic to pass. | 00:39:23 | |
| #2 Update the access agreement addressing the two new tracks and the maintenance of the drive. Provide a copy of the staff. | 00:39:26 | |
| Through the prior to recording the new plat. | 00:39:33 | |
| #3 Install a new carburetor bridge of sufficient size. | 00:39:36 | |
| For the flow over the stream that will support emergency vehicles. | 00:39:40 | |
| #4 Clear the 13 foot wide easement of trees to a minimum height of 14 feet. | 00:39:44 | |
| And maintain this clearance for emergency access. | 00:39:49 | |
| #5 Secure written confirmation with the fire department verifying the easement can still provide. | 00:39:52 | |
| Access and service to. | 00:39:57 | |
| Proposed lots resulting from the split in the event of an emergency. | 00:39:59 | |
| Number six, no resident can be constructed in the floodplain or floodway #7 no further resident. | 00:40:03 | |
| Residential development is permitted that requires access via the easement. | 00:40:09 | |
| That completes my ballot. | 00:40:13 | |
| We have a ballot. Do we have a second? | 00:40:14 | |
| I'll second it. | 00:40:17 | |
| We have a ballot in a second. | 00:40:19 | |
| Again, any other questions or comments for the ballot? | 00:40:21 | |
| Seeing none. | 00:40:24 | |
| All those in favor signify by saying aye. | 00:40:25 | |
| Any opposed like son? | 00:40:28 | |
| Motion passes. | 00:40:29 | |
| Thank you folks. | 00:40:32 | |
| OK. Next item on our agenda this evening is FC-08-205-19 and. | 00:40:35 | |
| Another development standard variance and I believe Ray is going to come and get the staff report on that one. | 00:40:42 | |
| The petitioner is Matthew Payne. The location is 1481 Walsh Rd. in Georgetown, IN. | 00:40:51 | |
| Codeci. | 00:40:57 | |
| One through 2. | 00:40:58 | |
| The request is a development standards variance for accessory structure location that's outlined in the Floyd County Zoning | 00:40:59 | |
| Ordinance, Section 5.0400, Item I. | 00:41:04 | |
| In the zoning district is rural residential. So going into the overview. | 00:41:09 | |
| The applicant is requesting a development standards variance for the placement of an accessory structure in front of the primary | 00:41:12 | |
| structure in an RR district. | 00:41:15 | |
| The subject property, the 4.02 acre lot, assessed to be a private drive to maintain the Walsh Rd. | 00:41:19 | |
| The proposed accessory structure, which is a bar, will be 32 feet by 32 feet for a total. | 00:41:24 | |
| 2032 square feet will be used for storage and personal use. | 00:41:29 | |
| Primary structures located about 300 feet from the right of way in the proposed accessory structure will be located 4545 feet | 00:41:33 | |
| northeast. | 00:41:37 | |
| From the primary structure. | 00:41:41 | |
| The property has vegetated screening from the right of way in. The residence itself is not visible from the right away. The barn | 00:41:42 | |
| will be located along the driveway. | 00:41:46 | |
| The residents across from the subject property at 1480 Walsh Rd. has an accessory structure placed in front of the primary | 00:41:49 | |
| structure and the area of the subject property is located in is relatively remote. | 00:41:54 | |
| The residence is around 2200 square feet, so the barn will be subordinate to the home. It'll be comprised of metal on the | 00:42:00 | |
| exterior. | 00:42:03 | |
| Section 5.04. Accessory use slash structure standards. | 00:42:07 | |
| Itemized States Accessory structures shall be located to the rear or side of the primary structure. | 00:42:12 | |
| Unless otherwise permitted in this ordinance. | 00:42:17 | |
| Accessory structures used for barns and private garages may be. | 00:42:19 | |
| Allowed in front of the primary structure in a district. | 00:42:22 | |
| 5 acres or greater. | 00:42:25 | |
| Orange and private garages shall meet front set back requirements for primary structures. | 00:42:27 | |
| Primary structures. | 00:42:32 | |
| Being located in a parcel with an assistant legal. | 00:42:33 | |
| Conforming accessory structure structures may be located the rear of the existing legal legal conforming accessory structures. | 00:42:36 | |
| I wouldn't say they do the large size of the bar and there's nowhere else that he can place it, leaving them with no other option | 00:42:43 | |
| with the place in front of the residents. Septic lines are located to the western property. | 00:42:48 | |
| There is an adequate space behind the home. | 00:42:52 | |
| And there's a pond that locates to the southeast of the property. | 00:42:54 | |
| As well as the slope leading to the pond east of the property per heading. | 00:42:57 | |
| Prohibiting it from being placed directly into the east of the residence. | 00:43:00 | |
| Adjacent property. The surrounding properties are all. | 00:43:04 | |
| Are all also zoned rural residential? Single family residents occupy the property to the northeast. | 00:43:07 | |
| In South and West. | 00:43:11 | |
| Going in staff comments or? | 00:43:14 | |
| Approval will not mean juries to the public health, safety, morals and general welfare of the community. | 00:43:16 | |
| The placement of the barn in front of the home poses no threat to the public that the barn will also have no. | 00:43:21 | |
| Effect on access to the residents for emergency services. The Floyd County Health Department has indicated no issues with | 00:43:25 | |
| proposals interference. | 00:43:29 | |
| What the site's septic system? | 00:43:32 | |
| #2 The usage value of the area adjacent the property, including the variance, will not be affected in a substantially adverse | 00:43:35 | |
| manner. | 00:43:38 | |
| The use and value of adjacent properties will not be affected by the placement of the barn in front of the residence as the | 00:43:41 | |
| property is already screened from view of the right of way. | 00:43:44 | |
| The home will not be obscured by the property by the proposed accessory structure. | 00:43:48 | |
| The barn may also increase the value of the residents and in turn, other residences in the area and #3 the strict application of | 00:43:53 | |
| the terms of the zoning warrants will result in practical difficulties in the use of the property. | 00:43:58 | |
| The Floyd County. | 00:44:04 | |
| Zoning ordinance prohibits placement of an accessory structure in front of a primary structure while they use the property as a | 00:44:05 | |
| single family dwelling unit will not be hindered. | 00:44:08 | |
| There's no other feasible location that the applicant can place the barn and this will in turn limit the applicants ability. | 00:44:12 | |
| To fully utilize a fairly large lot located in a remote area for a single family and dwelling unit. | 00:44:17 | |
| And for the variance does not involve a structure that is near an airstrip and regulated under Indiana Code 8-201-10 as there's an | 00:44:23 | |
| order stripping vicinity and the staff recommendations are maintained vegetative screening. | 00:44:29 | |
| Of the structure from the right of way. | 00:44:35 | |
| OK. Any questions for Ray? | 00:44:37 | |
| No. All right. Thank you, Rick. | 00:44:40 | |
| Is the applicant or their representative here? | 00:44:45 | |
| Please come forward, state your name and address for the record. | 00:44:48 | |
| Dallas carnage. | 00:44:51 | |
| 1481 Walls plane. | 00:44:52 | |
| Patricia Carnes. | 00:44:55 | |
| You state your address too, please. | 00:44:57 | |
| Waltz Rd. Thank you. | 00:45:00 | |
| Anything else you would like to share with the board that we haven't already heard much covered it? | 00:45:02 | |
| Basically the building as he stated. | 00:45:07 | |
| With the label on the slow. | 00:45:11 | |
| And the septic having to be put to the right side of our house. | 00:45:13 | |
| This is the only place we could put it. | 00:45:17 | |
| And it's at a 45. | 00:45:19 | |
| Basically. | 00:45:22 | |
| If we we can't go anymore this way because of the slope. | 00:45:23 | |
| Because there's a pond right underneath this and we're at the very top of a hill and it's very wood. | 00:45:27 | |
| Got it. Any questions? | 00:45:34 | |
| We have pictures of the lot and pictures from the road, so you can see that there are. | 00:45:36 | |
| A lot of trees, a lot of vegetation, You really wouldn't be able to see it from the road. | 00:45:42 | |
| We're not going to takedown any of this if anything else will happen. | 00:45:46 | |
| OK. Any other questions or comments from the board? | 00:45:50 | |
| The applicant what's the wall height going to be for the barn versus the house? | 00:45:54 | |
| And the inside is going to be 12 footers run out of 10 by 10 door. | 00:45:58 | |
| Overhead door. This is going to be a garage. | 00:46:04 | |
| So what's the wall height on the? | 00:46:08 | |
| Is it gonna be taller walls in the house? | 00:46:09 | |
| I don't know. | 00:46:12 | |
| I Matt, couldn't be here. | 00:46:13 | |
| Due to prior commitment. | 00:46:15 | |
| So I don't really know that. I know that this inside has to be 12 foot with foot with a 10 by 10. | 00:46:17 | |
| Door and everything. All the doors, windows are going to match what's on the House. | 00:46:24 | |
| OK. And then is it going to be the same grade? | 00:46:32 | |
| Is the house. | 00:46:34 | |
| Garage entrance or is it going to be a little lower through the slope, a little bit lower due to slope that we have? | 00:46:36 | |
| OK. That's what I got. That's a good question. Because Eve height I think maximum 18 foot you can't go over. | 00:46:45 | |
| 18 without a variance, you're not going to be hiring. | 00:46:50 | |
| Yeah, OK. Any other questions? | 00:46:55 | |
| Thank you folks. | 00:47:00 | |
| Thank you. | 00:47:01 | |
| Moving on to our agenda, is there anyone here this evening? | 00:47:05 | |
| That would like to come forward and speak in favor of this request. | 00:47:08 | |
| Seeing none, is there anyone who would like to come forward and speak in opposition? | 00:47:13 | |
| Seeing none, we will move to the ballot phase. Do we have a ballot? | 00:47:19 | |
| I have one pocket FC O8-205-19. | 00:47:24 | |
| After careful review, the board finds that approval of the variance will not be interest to the public health safety. | 00:47:29 | |
| Morals and general welfare of the community because the placement of the barn in front of the home poses no threat to the public. | 00:47:35 | |
| Barn will also. | 00:47:41 | |
| Not if the barn will also have no effect. | 00:47:43 | |
| On access to the residents. | 00:47:47 | |
| For emergency services, the Floyd County Health Department has indicated no issues with the proposed interference. | 00:47:49 | |
| With the site septic system. | 00:47:55 | |
| #2 the use and value of the area adjacent of the property. | 00:47:57 | |
| Included in the variance will not be effective substantial adverse manner. | 00:48:00 | |
| Because the property is already screened from view. | 00:48:04 | |
| Of the right away, the barn may also increase the value. | 00:48:07 | |
| Of the residents and in turn of the residents in the area. | 00:48:10 | |
| #3 the strict application of terms of zoning ordinance. | 00:48:14 | |
| Robert result. | 00:48:17 | |
| Impractical difficulties and use of the property because the Floyd County Zoning Garden is prohibits the placement. | 00:48:18 | |
| Of an accessory structure in front of a primary structure. | 00:48:24 | |
| There is no other feasible location. | 00:48:27 | |
| The applicant can place the barn. | 00:48:30 | |
| And this will in turn limit the app. | 00:48:32 | |
| Applicants ability to fully utilize. | 00:48:35 | |
| A fairly large lot located in a remote area. | 00:48:38 | |
| For a single family dwelling unit. | 00:48:41 | |
| #4 The variance does not involve a structure that is near an airstrip and regulated under Indiana code. | 00:48:43 | |
| The Board of Zoning Appeal hereby grants the petitioner variance at the meeting held on the 8th of September, 2025. | 00:48:51 | |
| Approval by the Board. Substitute the completion of the following condition. Applicant is required to maintain vegetation | 00:48:57 | |
| screening. | 00:49:00 | |
| Or the structure from the right away. | 00:49:03 | |
| That completes my ballot. | 00:49:06 | |
| OK, we have the ballot. Do we have a second? | 00:49:07 | |
| I'll second. | 00:49:09 | |
| OK, we have multiple seconds, that's good. We got thirds and fourths, we do that's that's good. | 00:49:11 | |
| Any other questions or comments about the ballot as presented? | 00:49:18 | |
| Seeing none, all those in favor signify by saying aye aye. | 00:49:21 | |
| Any opposed like sign? | 00:49:24 | |
| Motion is approved. | 00:49:26 | |
| Congratulations. | 00:49:28 | |
| OK, moving along this evening. | 00:49:30 | |
| I think our final item of new business this evening is FC-082520, another development standards variance. | 00:49:35 | |
| Ray is going to once again come and give the board. | 00:49:44 | |
| The staff report. | 00:49:47 | |
| The petitioner is Gary Rivers. In the second location is 779 in a line lane. | 00:49:51 | |
| Georgetown, IN zip code 47122. | 00:49:56 | |
| The request is the relevant standards variance for minimum lot area that's outlined in the right. | 00:50:00 | |
| Somebody's motion, they can't hear you. | 00:50:05 | |
| Can you? | 00:50:07 | |
| Yeah, yeah, you gotta raise the mic up my help. Just raise the mic. | 00:50:08 | |
| There you go. Thanks. | 00:50:11 | |
| That's outlined in the Floyd County zoning ordinance. Under Section 4.14, the zoning district is rural residential. | 00:50:13 | |
| So a little bit of overview. The applicant is requesting a development standards variance for the minimum lot size requirement in | 00:50:19 | |
| order to create one additional lot. | 00:50:22 | |
| Upon subdivision, both appearing tracked and a newly created track will contain less than the required 0.84 acres Which? | 00:50:26 | |
| It's 37,000 square feet for property zone. | 00:50:33 | |
| Rural residential. | 00:50:36 | |
| The current lot is .92 acres which is 440 thousand and 75 square feet and has a single family dwelling located on it. | 00:50:38 | |
| The post split will result in the parent track being .41 acres. | 00:50:45 | |
| Or 17,859 square feet. | 00:50:49 | |
| And the new track being .37 acres or 16,000 in. | 00:50:52 | |
| 117 square feet. | 00:50:56 | |
| There's the existing home will be on the larger lot. | 00:50:58 | |
| The new track will have 111 feet of frontage on Get On Lane and will be located at the corner of Yelling Lane and Judy Lane. | 00:51:01 | |
| The applicant has indicated that they plan on building an additional residence on the new lot. | 00:51:08 | |
| Or on the new track. | 00:51:12 | |
| Lots are not located in the platted subdivision. | 00:51:13 | |
| Surrounding properties are all single family dwelling units, also zoned RR. The lot sizes that abut the property range in size | 00:51:16 | |
| from .33 acres or 14,000. | 00:51:20 | |
| They're entertaining 4 square feet to a point. | 00:51:25 | |
| 46 acres or 20,000? | 00:51:27 | |
| And 37 square feet. | 00:51:29 | |
| Other. | 00:51:31 | |
| On or along Sherry Drive and Judy Lane. | 00:51:33 | |
| Range from 14,374 square feet or .33 acres to 43,124 square feet or .99 acres. | 00:51:35 | |
| 13 of the lots in the vicinity are less than point fives. | 00:51:43 | |
| .50 acres and the 17 lots in the vicinity. | 00:51:47 | |
| Do not meet the minimum. | 00:51:50 | |
| .84 acre requirements for zoning district RR. | 00:51:52 | |
| So moving along into the staff comments. | 00:51:55 | |
| The approval will not be injurious to the public health, safety, morals and general welfare of the community. | 00:51:57 | |
| Proposed lots are sufficient or appropriate infrastructure. A similar sized lots in the area have residences on them. | 00:52:03 | |
| And the Floyd County Health Department has indicated no issues with the on site sewage system. | 00:52:08 | |
| Resulting from the split of the laws. | 00:52:12 | |
| #2 The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse | 00:52:15 | |
| manner. | 00:52:18 | |
| While smaller than the standard, the proposed lot size are consistent with others in the area and be more manageable for the | 00:52:22 | |
| current owner to maintain. | 00:52:25 | |
| Furthermore, the character of the quest is consistent with the surrounding area. | 00:52:28 | |
| As our assistant residents is constructing on similarly sized lots in the vicinity. | 00:52:32 | |
| The number 3, the street application of the terms of the zoning ordinance will not result in practical difficulties in the use of | 00:52:36 | |
| the property. | 00:52:39 | |
| These are the lot as a single family residents will remain the same and may continue in its use of other proposed split and | 00:52:43 | |
| further development of the lot will be hindered by the Floyd County Zoning Ordinance. Acreage requirement for zoning district RR. | 00:52:48 | |
| And #4 The variance does not involve a structure that is near an airstrip as regulated under Indiana Code 8-201-10. | 00:52:53 | |
| As there is no airstrip in vicinity, staff recommendations provide a report or survey that reflects the requested split | 00:53:02 | |
| dimensions. | 00:53:05 | |
| Any other questions or any questions? | 00:53:13 | |
| Right after the split, which is going to be the official front. | 00:53:15 | |
| Of the line. | 00:53:19 | |
| The front, so it's going to be the frontage is going to be along, I believe Judy Lang. | 00:53:19 | |
| Which is. | 00:53:25 | |
| Immediately to the. | 00:53:26 | |
| East of the. | 00:53:29 | |
| OK. So that'll be the front of the setbacks and everything, OK. | 00:53:30 | |
| Any other questions? | 00:53:34 | |
| Thanks, Rick. | 00:53:36 | |
| Did did you have one guy? | 00:53:38 | |
| No, just that. | 00:53:40 | |
| #3. | 00:53:41 | |
| That he said it will not result. | 00:53:43 | |
| Impractical difficulties. | 00:53:46 | |
| So it's not really a recommendation for, but then. | 00:53:48 | |
| He goes down me just that. | 00:53:51 | |
| Further development of the lot would be hindered. | 00:53:53 | |
| By the ordinance. So that can go either way. I think he left that open for us. | 00:53:56 | |
| So I just wanted to. | 00:54:01 | |
| State that that. | 00:54:03 | |
| On his when he read this, that's what he read. OK. | 00:54:04 | |
| Thank you. Thanks for clarifying. | 00:54:08 | |
| OK, Is the applicant or a representative of the applicant here? | 00:54:11 | |
| Please come forward, state your name and address for the record. | 00:54:14 | |
| It's a personal address or this address. | 00:54:18 | |
| Your personal address. Your personal Gary. | 00:54:21 | |
| Riperton, 371 Morris Ave. | 00:54:23 | |
| Some cord. | 00:54:27 | |
| OK. Thank you. Mr. Riperton, Anything else you'd like to share with the board this evening while you're here? | 00:54:28 | |
| I think I have. | 00:54:33 | |
| Anything additional? I'm curious if you might have some questions. I don't. | 00:54:35 | |
| I guess I will say. | 00:54:40 | |
| Like I'm looking, I'm not sure what you all see, but I'm seeing a map if you look at. | 00:54:42 | |
| That whole area. | 00:54:47 | |
| I assume it's a subdivision, but. | 00:54:49 | |
| It's the only it's like a double lot. So if I if I the projected line that I have here, when I look at it now, it just looks like | 00:54:51 | |
| every every lot in the area. | 00:54:55 | |
| So. | 00:55:00 | |
| In its similar size, I think he said that so it's just. | 00:55:01 | |
| I'll split this in half. I've still got the same size as most of. | 00:55:04 | |
| The houses are lots. | 00:55:07 | |
| Surrounding it so. | 00:55:09 | |
| Gotcha. Any other questions? So are you going to build a house? Is that your intention? | 00:55:11 | |
| I know that's what. | 00:55:16 | |
| That's what he just said. We don't know. The idea is to be able to build a house. Horse sells a lot and. | 00:55:17 | |
| Full disclosure. | 00:55:23 | |
| We bought this house. We've got a lot of issues with it that we're going through, including we just got a a permit for we're | 00:55:25 | |
| starting septic, something it wasn't. | 00:55:30 | |
| Planned and we've we've dug it up and I don't know what they put there, but it was nothing to admit today's standards. So we're | 00:55:36 | |
| getting a lot of additional costs and things. | 00:55:40 | |
| Incurred so that would give us the ability to. | 00:55:45 | |
| To sell that or build. | 00:55:49 | |
| On it my intentions are is to put a house on it. | 00:55:50 | |
| I'm not going to commit and tell you that's exactly what we're doing. | 00:55:53 | |
| So you're on septic upper? | 00:55:55 | |
| So everybody around you is on septic, is that correct? | 00:55:59 | |
| Oh, OK. | 00:56:03 | |
| Where is the septic located? Is it behind the house? Then I take it it's behind the house and you don't think you'll have a | 00:56:04 | |
| problem with your current septic where you need to locate it on that other property? | 00:56:09 | |
| I know there. | 00:56:15 | |
| I know the area real well so. | 00:56:15 | |
| You know, and apparently they've all been working, but I don't know. | 00:56:18 | |
| I've had the the testing done already. I've had somebody come in and do the soil test and on both lots or not on the additional | 00:56:20 | |
| line, I would still do that. Obviously I'm taking a risk. | 00:56:26 | |
| Splitting it and not been able to put a house on it eventually. So that would be my next step. I just, I hated to put the money in | 00:56:32 | |
| to that until I knew whether we could split it off so. | 00:56:36 | |
| But you're fine on the one where the house is right now. | 00:56:40 | |
| Fine. And it's been approved. It's been yes, we've OK. | 00:56:43 | |
| Yeah, I've got a. | 00:56:48 | |
| Yeah, we're ready. We're ready to go with I've turned it over my septic guy so and there's had all the testing done and he's got | 00:56:49 | |
| everything back. So so yeah, it is. | 00:56:54 | |
| That was one of my concerns. | 00:57:00 | |
| Huh, interesting. | 00:57:04 | |
| That's cool. | 00:57:05 | |
| Other questions for the I'm just. | 00:57:07 | |
| My only comment is. | 00:57:10 | |
| If we approve this. | 00:57:14 | |
| Verification of where the existing septic is and where. | 00:57:16 | |
| Septic for the new ones going to go. | 00:57:20 | |
| That all have to. | 00:57:24 | |
| Fit in with where the property line is going to be to split these two lots so. | 00:57:25 | |
| I think. | 00:57:29 | |
| Getting an additional. | 00:57:30 | |
| Information submitted to staff. | 00:57:32 | |
| To verify that there's adequate space for septic on both lights and. | 00:57:35 | |
| A house and so forth. | 00:57:40 | |
| I think we can. I think we could approve it. | 00:57:42 | |
| But I believe I would subject to. | 00:57:45 | |
| Staff. | 00:57:47 | |
| Getting additional sketches of where things are going to be. | 00:57:48 | |
| Right. Usually we have a sketch at least where that one is, but we don't have, there's no sketches here. And it's because at that | 00:57:52 | |
| time I I doubt if it went into the health, that's what the health department says, they have no records. | 00:57:57 | |
| And it's an old subdivision. | 00:58:02 | |
| So I'm gonna. | 00:58:05 | |
| My ballot would say subject to. | 00:58:05 | |
| Staff approval after seeing where all the septic and stuff is. | 00:58:08 | |
| So so so has this been. | 00:58:13 | |
| Surveyed I mean, no it hasn't there says subject to appears it's it's proposed. | 00:58:15 | |
| Property line, right? | 00:58:20 | |
| Yeah, OK. | 00:58:21 | |
| There's a fence there now, you can tell, right? Yeah. That, that. | 00:58:24 | |
| So that's what you've drawn. That fence represents this line. | 00:58:28 | |
| Yes, OK. | 00:58:32 | |
| But but he says it will be surveyed. It hasn't been something. I think if you were looking to put a condition on there, you could | 00:58:33 | |
| put something that the new lot. | 00:58:38 | |
| Would need the approval of the health department for adequate. | 00:58:43 | |
| Septics or somet. | 00:58:47 | |
| Other questions for the applicant. | 00:58:52 | |
| I don't think so. | 00:58:56 | |
| OK. Thank you. | 00:58:59 | |
| Given the. | 00:59:02 | |
| We've already had the they come in and. | 00:59:04 | |
| They've approved the septic. | 00:59:06 | |
| And it's and it's all, all the stakes and everything, all the markers that are there are within. | 00:59:08 | |
| They're on that side of the fence, that fence that I was telling you. So I think that's already been taken care of that. Are you | 00:59:12 | |
| asking whoever? | 00:59:16 | |
| Would it spill over with the septic need to spill over into the other lot? Is that? Yeah, I just don't. I just don't want your | 00:59:19 | |
| septic to end up on your new life and that's all I'm. | 00:59:24 | |
| Cautioning people. So I would make sure that I think that's already taken care of, but if that's a stipulation and. | 00:59:29 | |
| How would have been taken care of if the health department didn't know where it was at? I don't. I guess I don't understand what | 00:59:34 | |
| you mean. The new because we're putting in a new set. | 00:59:39 | |
| What we're talking about is the existing. | 00:59:43 | |
| We're more concerned about the existing being on. | 00:59:45 | |
| The other side of that fence? | 00:59:49 | |
| That's I'm probably going in several that the existing septic right now we're going to replace it. | 00:59:50 | |
| And oh. | 00:59:57 | |
| That's in the house you're living that that you're remodeling. Yes, I'm going to replace it. And they've already got, they've | 00:59:58 | |
| already come out and staked them off and done the testing. You know who's going to do that? | 01:00:02 | |
| What? What septic installer? | 01:00:07 | |
| There's only a few. | 01:00:10 | |
| JK Shekels. And he is. He is approved, Yeah, right. Yeah. Our Knesset name, yes. | 01:00:11 | |
| Well, that, that helps us out a little bit. At least we know that we yeah, we don't have to worry about the existing being on the | 01:00:18 | |
| proposed. | 01:00:21 | |
| Thank you. | 01:00:25 | |
| Thank you. | 01:00:27 | |
| OK. We've heard from the staff and the applicant. Is there anyone else here this evening that would like to come forward to speak | 01:00:28 | |
| in favor? | 01:00:31 | |
| Of this request. | 01:00:34 | |
| Seeing none, is there anyone who would like to come forward in opposition to this request? | 01:00:38 | |
| Please come forward, state your name and address for the record. | 01:00:44 | |
| Singer Clinton. | 01:00:50 | |
| I'm sorry, say that if you don't mind. Sandra Clifton, Thank you. 6083 Gordon Ridge Rd. | 01:00:52 | |
| The back of my farm is right beside where he's wanting to. | 01:00:58 | |
| Built. I do know this for a fact. | 01:01:01 | |
| That lot. | 01:01:05 | |
| Floods when it rains. | 01:01:06 | |
| That means that septic tanks get sucked. | 01:01:09 | |
| They're not appropriate. | 01:01:12 | |
| Sewer drainage. | 01:01:14 | |
| Going across the road. | 01:01:16 | |
| Stronger to let all that water. | 01:01:18 | |
| And it will get that DE. | 01:01:21 | |
| And I'm just now getting my roof repaired from all the storm damage we just had. | 01:01:23 | |
| And this is not a good. | 01:01:30 | |
| Area. | 01:01:31 | |
| So are you, are you saying that it floods every time? It rains almost every time? | 01:01:33 | |
| Thank the neighbors, it's right back here behind me. Can tell you the same thing. | 01:01:38 | |
| It all pools down there from Woodbridge. | 01:01:42 | |
| Subdivision they build. | 01:01:46 | |
| Everything flows over from that ditch. | 01:01:48 | |
| It comes down the road and comes right down that end and it has nowhere to go, but that's where it does go. | 01:01:50 | |
| So let me ask you a question. Does it, does it, does the county have a sign? | 01:01:56 | |
| Up there, high water danger high water because if it floods every time. | 01:02:01 | |
| There would I would almost think that the county. | 01:02:05 | |
| They don't. | 01:02:07 | |
| Wow. And here's the other thing to talk to somebody about that this Creek runs down the side of the road and. | 01:02:08 | |
| All the trash. | 01:02:15 | |
| People had it clogged that up on the other side of Judy Lane. | 01:02:17 | |
| That water comes down and goes across Carton Ridge Rd. which I have. | 01:02:24 | |
| Have cattle, they drink out of this and it ends. This overflows. | 01:02:28 | |
| That means. | 01:02:33 | |
| That. | 01:02:34 | |
| My kettle will be drinking this water from septic system. | 01:02:36 | |
| There it is. | 01:02:44 | |
| Any questions? | 01:02:45 | |
| I think this should be looked over a lot better than before you allow this to be done. | 01:02:47 | |
| All right. Thank you, ma'am. | 01:02:52 | |
| Thank you. | 01:02:53 | |
| Is there anyone else here that would like to come forward and speak in opposition this evening? | 01:02:57 | |
| 779. | 01:03:03 | |
| Please state your name and address for the record Sir. | 01:03:09 | |
| Kenny Sprecher I live at 200 Sherry Drive. | 01:03:12 | |
| And it's right up the road. Georgetown area. | 01:03:17 | |
| I live in that area there. | 01:03:21 | |
| And he's. | 01:03:24 | |
| He said all the other locks are small. | 01:03:26 | |
| So he ought to be able to make this one small. | 01:03:28 | |
| Well, they were too small and they allowed allowed that to happen. | 01:03:31 | |
| All the lights, there are a lot of them are too small already. | 01:03:35 | |
| Should keep them that way. Is wrong. | 01:03:41 | |
| She's here. | 01:03:44 | |
| And I don't think. | 01:03:48 | |
| I don't think you should have. And she dragged plugs there. | 01:03:49 | |
| If I'm against it. | 01:03:53 | |
| Any questions? | 01:03:57 | |
| For Mr. Sprigler. | 01:03:58 | |
| Anything else, Mr. Springer? | 01:04:01 | |
| Thank you, Sir. Thanks for your comments. | 01:04:03 | |
| Is there anyone else would like to come forward and speak in opposition this evening? | 01:04:05 | |
| It's got to be here. | 01:04:10 | |
| Is that it? | 01:04:11 | |
| OK, seeing none. | 01:04:14 | |
| Mr. Riperton, would you like to come forward and speak? | 01:04:18 | |
| In response to these concerns. | 01:04:20 | |
| Sure. | 01:04:23 | |
| He says they're too small. I mean, obviously you can't do anything now, but. | 01:04:25 | |
| By what standards are they too small? I know they don't meet the standards of. | 01:04:30 | |
| I guess the the size of the lots. | 01:04:34 | |
| Moving forward, but I mean. | 01:04:37 | |
| Sir, you've already had your chance to speak. | 01:04:40 | |
| But they're there now, and I don't know, you know, I. | 01:04:45 | |
| The lady was was asking them I was talking about flooding I. | 01:04:50 | |
| Will you verify that too? Because I've had it now for a. | 01:04:53 | |
| We've had it's done nothing to rain for six months. There's been no flooding there. | 01:04:56 | |
| There's no signs like you said. | 01:05:00 | |
| So. | 01:05:02 | |
| I've never seen that. I've never lived there that maybe they have seen. | 01:05:04 | |
| You know. | 01:05:07 | |
| Something along those lines. | 01:05:08 | |
| Again, there's there's no, I don't think it. | 01:05:10 | |
| She said if it floods that high, then that whole neighborhood is going to flood. So I don't really see, you know, it's pretty, | 01:05:12 | |
| pretty flat in there. But again, the septics. | 01:05:18 | |
| If we go through and and get. | 01:05:23 | |
| The septic approved. | 01:05:26 | |
| And it meets all the standards then. Doesn't that take care of the issues with wearing about? | 01:05:27 | |
| What type of? | 01:05:33 | |
| Issues. | 01:05:34 | |
| With umm. | 01:05:36 | |
| You know, I'm worried about the the the septic. | 01:05:38 | |
| Leaching out or whatever, running, running, you know, across the ground or whatever. I mean, we're going to get, we're going to | 01:05:41 | |
| put in a new septic system, so. | 01:05:45 | |
| It would, it would meet all the standards or whatever. We wouldn't be able to put it in so. | 01:05:49 | |
| That's all I want to say on that so. | 01:05:53 | |
| Any other questions? | 01:05:55 | |
| For Mr. Riperton. | 01:05:56 | |
| No, I don't. | 01:05:58 | |
| Thank you, Mr. Rupert. | 01:06:02 | |
| OK, so we've heard from the staff. | 01:06:05 | |
| From the applicant, from those in favor of those in opposition, we will move to the ballot phase of our meeting. | 01:06:07 | |
| We. | 01:06:15 | |
| Hey, Cortana, play a picture that proves it closed, Yeah? | 01:06:16 | |
| I'm I'm sorry folks, we've already closed the public comment section of the meeting. | 01:06:19 | |
| Yeah, when? When you didn't come forward during the last chance to speak. | 01:06:24 | |
| Then we've closed that section of the meeting. | 01:06:29 | |
| You did, yes. | 01:06:33 | |
| Sorry, ma'am, we. | 01:06:37 | |
| We're gonna move on. | 01:06:38 | |
| Do we have a battle? | 01:06:40 | |
| In a minute. | 01:06:42 | |
| We're working on a ballot. | 01:06:43 | |
| Text Judy. | 01:06:59 | |
| Docket FC08-205-20. | 01:07:22 | |
| After careful reviewed the. | 01:07:26 | |
| The board finds that approval the variance will not be interest to the public health, safety, morals and general welfare of the | 01:07:27 | |
| community because the proposed lots. | 01:07:31 | |
| Are sufficient for appropriate infrastructure. | 01:07:35 | |
| As summer sized lots in the area have residents on them. | 01:07:39 | |
| And the Floyd County Health Department has indicated no issue with the on site sewage system resulting. | 01:07:43 | |
| From the split of. | 01:07:48 | |
| Tracks into two lights. | 01:07:49 | |
| Of the track into two lots #2 the use and the value of the area adjacent to the property included in the variance. | 01:07:52 | |
| Will not be affected in substantial adverse manner because, while smaller than the standard, the proposed lot sizes are consistent | 01:07:58 | |
| with others in the area. | 01:08:02 | |
| Furthermore, there are existing residents construction on summer sized lots in the vicinity. | 01:08:07 | |
| #3 the strict application, the terms of the zoning ordinance. | 01:08:12 | |
| Will result in practice with difficulty use the property because the use of the lot. | 01:08:16 | |
| As a single family residence. | 01:08:20 | |
| Will remain the same and may continue in its use, but the proposed split and further development of the light will be. | 01:08:22 | |
| Hindered by the Floyd County zoning ordinance. | 01:08:27 | |
| Hatred requirement. | 01:08:30 | |
| For zoning districts, RR. | 01:08:31 | |
| #4 The variance does not involve a structure that is near an airstrip and regulated under Indiana code. | 01:08:35 | |
| The Board zoning appears hereby GRANTS the petitioner variance at the meeting held on the 8th of September, 2025. | 01:08:42 | |
| Approval by the Board is subject to completion of the following conditions. | 01:08:48 | |
| Locate the existing septic system and show on a drawing with the existing home. | 01:08:52 | |
| Also show the proposed new home. | 01:08:56 | |
| And location of the proposed septic system and the proposed new light lines. | 01:08:59 | |
| After staff verifies that the requirements for the two homes can be met, submit. | 01:09:03 | |
| And record the new plat. | 01:09:07 | |
| That reflects the split of the current property into two tracks. | 01:09:09 | |
| Get Floyd County Health Department approval for the septic system. | 01:09:13 | |
| For the new. | 01:09:16 | |
| Meet with the county engineers. | 01:09:18 | |
| Our and our storm water to verify and address the potential flooding of the area. | 01:09:20 | |
| That completes my ballot. | 01:09:27 | |
| OK, we have a ballot. Do we have a second? | 01:09:29 | |
| I'll second. | 01:09:34 | |
| With the ballot seconded by Mr. Heitkamp. Or any other questions or comments regarding this battle? | 01:09:35 | |
| Do we need to put some? | 01:09:42 | |
| Where are the splits? | 01:09:44 | |
| I mean I. | 01:09:46 | |
| Are we just approving it splitting into two or are we splitting? | 01:09:47 | |
| And roughly the same dimensions that. | 01:09:49 | |
| Are on the ballot, I'm saying roughly the same dimensions as about as. | 01:09:51 | |
| Shown now because. | 01:09:55 | |
| He's telling me that. | 01:09:58 | |
| The existing system is. | 01:09:59 | |
| Inside that fence where the property line is shown, so I'm assuming it's not going to change. | 01:10:02 | |
| It shouldn't change with the septic being a new one's going in so I have to I guess I agree with that too. | 01:10:07 | |
| OK, that makes sense. | 01:10:12 | |
| Why just don't make sure all of a sudden now it's split? | 01:10:13 | |
| 2575 I think no reason that would change. The only reason I saw that change was if the septic was in conflict. | 01:10:16 | |
| I don't see anything that would be in conflict. Do you break? | 01:10:23 | |
| OK, OK. | 01:10:25 | |
| Any other questions or comments about the ballot is presented. | 01:10:29 | |
| OK. | 01:10:33 | |
| So we've valid in a second. | 01:10:35 | |
| All those in favor signify by saying aye. | 01:10:36 | |
| Aye, any opposed like sign? | 01:10:39 | |
| Motion passes. | 01:10:41 | |
| Thank you. | 01:10:42 | |
| OK, looking at our agenda this evening. | 01:10:44 | |
| I do not see any other business on the agenda. Is there anything else to come before the board this evening? | 01:10:47 | |
| Seeing none, I would entertain a motion to adjourn. | 01:10:53 | |
| So second. | 01:10:56 | |
| Second motion a second. All those in favor signify by saying aye aye. | 01:10:58 | |
| And we are adjourned. | 01:11:02 |
* use Ctrl+F (Cmd+F on Mac) to search in document
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Document list
| Document Name | Document type | |
|---|---|---|
| Docket FC-08-25-20 - Gary Ripperdan II - DSV | General Document | |
| Docket FC-08-25-19 - Matt Payne - DSV | General Document | |
| Docket FC-08-25-18 - Paul & Rebecka Banet - DSV | General Document | |
| Docket FC-08-25-17 - Paul & Rebecka Banet - DSV | General Document | |
| Docket FC-08-25-16 - Brandon Blake - DSV | General Document | |
| Docket FC-06-25-14 Commonwealth Signs- DSV | General Document |
* use Ctrl+F (Cmd+F on Mac) to search in document
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Transcript
| It's bothering me to tell you. | 00:00:02 | |
| They heard Christy well. | 00:00:04 | |
| Oh yeah, I'd say so. | 00:00:08 | |
| She looks better at me now. I was just picking on you. | 00:00:13 | |
| Hey, that's OK. | 00:00:17 | |
| Minutes. We must have had our baby. | 00:00:38 | |
| Yes, she had it. | 00:00:41 | |
| I wouldn't want to be in there so. | 00:00:46 | |
| Move to the middle. | 00:00:50 | |
| Yeah, you have that. | 00:00:51 | |
| You can sit on the end down there. | 00:00:53 | |
| How you doing? | 00:00:55 | |
| Good evening, everybody. It's 5:00. | 00:01:04 | |
| According to my phone and my tablet. So I guess it means we will get started. Volume is. | 00:01:09 | |
| Really loud, isn't it? | 00:01:14 | |
| I'm sorry folks, I can try to move back. | 00:01:16 | |
| Yes, wow. | 00:01:19 | |
| We don't have the ability to address that. | 00:01:21 | |
| OK. | 00:01:23 | |
| Do my best to not scream in your ear. | 00:01:25 | |
| Anyway, welcome to tonight's Floyd County Board of Zoning Appeals meeting. | 00:01:28 | |
| This is. | 00:01:31 | |
| Monday, September 8th. | 00:01:34 | |
| We have a. | 00:01:36 | |
| Pretty busy agenda this evening and I'd like to go ahead and call the meeting officially to order and we will begin with roll | 00:01:38 | |
| call. | 00:01:41 | |
| Here. | 00:01:45 | |
| Here here. | 00:01:47 | |
| Here. | 00:01:49 | |
| Here, OK, we do have a full board so let's. | 00:01:51 | |
| We'll move to minutes, the minutes of our last meeting. | 00:01:57 | |
| From August has been circulated in advance of tonight's meeting so. | 00:02:00 | |
| I assume everyone's had a chance to review those. I would entertain any. | 00:02:04 | |
| Comments, corrections, or additions? | 00:02:08 | |
| And if we have none, then I would entertain a motion to approve. | 00:02:10 | |
| I will do make a motion. | 00:02:13 | |
| I'll second. | 00:02:16 | |
| We have a motion and a second. | 00:02:17 | |
| All those in favor signify by saying aye aye. | 00:02:19 | |
| Any opposed like sign? | 00:02:22 | |
| The minutes are approved as presented. | 00:02:24 | |
| Moving on. | 00:02:28 | |
| To our formal agenda, our first item of business this evening is an old business item, agenda item one FC-06. | 00:02:29 | |
| Dash 25-14 Development standards variance. I believe Ray is going to come and. | 00:02:36 | |
| Update the board on that. | 00:02:42 | |
| Good afternoon, everyone. | 00:02:47 | |
| First item on the agenda is docket number FC-06-205-14. | 00:02:49 | |
| Petitioners Commonwealth Sign Company. | 00:02:55 | |
| Location is 401 Exploration Way, Georgetown, IN. | 00:02:57 | |
| Zip code 47122. | 00:03:01 | |
| The request is a development standards variance for individual sign maximum size as outlined in the Florida County Zoning | 00:03:03 | |
| Ordinance. | 00:03:06 | |
| Section 5.27 in the zoning district is office business. | 00:03:11 | |
| So a little bit of overeating. | 00:03:15 | |
| The applicant is requesting A variance for two wall signs that will each exceed the 50 square foot maximum allowed. Proposed signs | 00:03:17 | |
| will each be 168.75 square feet. | 00:03:21 | |
| For combined through engineering. | 00:03:26 | |
| Sorry, 337.6 square feet. | 00:03:28 | |
| That would be displayed at the northern side of the property that faces Innovation Parkway and the eastern side of the property | 00:03:31 | |
| that faces Exploration Way. | 00:03:34 | |
| The subject properties at 35,000. | 00:03:38 | |
| 371 square foot building occupied by red wire. | 00:03:41 | |
| On a 4.17 acre lot located in Nova Park. | 00:03:44 | |
| That take part in a relatively remote area. | 00:03:47 | |
| The initial signage was approved by the Redevelopment Commission. | 00:03:50 | |
| The properties north-south and east of the building are zoned office business as well. | 00:03:52 | |
| While the property was the property is in agricultural. | 00:03:56 | |
| Residential. | 00:04:00 | |
| So the section of the ordinance. | 00:04:02 | |
| That stipulates Max sign. | 00:04:04 | |
| Signage. | 00:04:07 | |
| Size is in 5.27. | 00:04:08 | |
| Permanent on premise Science standards Article B. | 00:04:11 | |
| Wall signs shall be located on the facade of the primary structure. | 00:04:14 | |
| No wall sign shall exceed 50 square feet in area. | 00:04:17 | |
| They shall not exceed. | 00:04:20 | |
| Above the eaves of the facade of the building. | 00:04:21 | |
| So staff comments. | 00:04:24 | |
| Approval will not be injurious to the public health, safety, morals and general welfare of the public. | 00:04:25 | |
| Or of the community. | 00:04:30 | |
| Proposed signage will consist of facelift channel letter wall signs which will not pose any physical hazards. For safety concerns, | 00:04:32 | |
| the Floyd County Health Department. | 00:04:36 | |
| As indicated, no issues with the proposal. | 00:04:41 | |
| #2A use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse | 00:04:43 | |
| manner. | 00:04:47 | |
| Signage will not IP the use nor value of an adjacent. | 00:04:51 | |
| Properties is expected. | 00:04:54 | |
| To enhance site. | 00:04:56 | |
| Visibility #3 The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the | 00:04:57 | |
| property. | 00:05:01 | |
| While signage could be reduced to meet the wording the standards, the buildings front entrance is a considerable distance, about | 00:05:05 | |
| 145 feet. | 00:05:08 | |
| From the right way. | 00:05:11 | |
| Motorists driving along Innovation Pkwy may have difficulty seeing the signs for the business. They've had to meet the ordinance | 00:05:13 | |
| of standards. | 00:05:16 | |
| As such, larger signage may be necessary to maintain visibility and ensure effective. | 00:05:19 | |
| Commercial use of the property. | 00:05:23 | |
| The signage fits the scale of a larger building as well. | 00:05:25 | |
| And #4. | 00:05:28 | |
| The various does not. | 00:05:29 | |
| Involve a structure that is near. | 00:05:31 | |
| An airstrip and regulated under Indiana code 8-201-10 as there's no errors in the vicinity. | 00:05:33 | |
| Regulated under that code. | 00:05:39 | |
| Staff recommendations are not. | 00:05:41 | |
| OK. Anyone have questions? | 00:05:45 | |
| For Craig. | 00:05:46 | |
| OK. Thank you, Rick. Appreciate that. | 00:05:48 | |
| Is the applicant or representative of the applicant here? | 00:05:51 | |
| Please come forward, state your name and address for the record. | 00:05:54 | |
| And feel free to give us. | 00:05:58 | |
| Any additional update on this request? Sure. Julie Scarborough, my Commonwealth sign. | 00:06:00 | |
| We're at 1824 Berry Blvd. in Louisville. | 00:06:05 | |
| 4215. | 00:06:08 | |
| I'm just any additional comments since they're not going to have any road signage, no monuments, they're going to help. | 00:06:10 | |
| To. | 00:06:15 | |
| Allow folks that are coming to visit their site, they're not going to have any signage, but that definitely the larger signage | 00:06:16 | |
| will allow them. | 00:06:19 | |
| To be able to have visibility. | 00:06:22 | |
| From the road. | 00:06:24 | |
| OK. | 00:06:26 | |
| Anything else? | 00:06:29 | |
| Any questions from Scarborough? | 00:06:30 | |
| OK is there is there any reason the logo couldn't be the same? | 00:06:33 | |
| Sizes or height as the red wire works. | 00:06:36 | |
| All of their that's all on their brand book. | 00:06:40 | |
| So it follows our brand protocol like everything on the interior. | 00:06:42 | |
| The logo is larger than the letters, so it's based on the spacing between the two. | 00:06:45 | |
| I think the 81 inches is. | 00:06:51 | |
| Way too big. | 00:06:53 | |
| So I'm not in favor of. | 00:06:56 | |
| The 81 by 81 logo so. | 00:06:59 | |
| I'll be honest with you, I have trouble. It's 25 feet. | 00:07:04 | |
| I mean, hey, that's a pretty good distance across that's compared to the room. | 00:07:07 | |
| And that's from. | 00:07:12 | |
| The side of this concrete over here and wider. | 00:07:13 | |
| And that's a pretty good size, and you're talking 145 feet away. | 00:07:16 | |
| And when you look at the one up Greenville? | 00:07:20 | |
| And it's a lot smaller sign and you can see that good going down the highway. I mean, it looks nice. | 00:07:22 | |
| I'm like. | 00:07:28 | |
| Well, an 81. | 00:07:29 | |
| You're talking. | 00:07:31 | |
| The Lance from. | 00:07:32 | |
| Floor. | 00:07:33 | |
| Almost to the ceiling. | 00:07:34 | |
| And across that, hold back up. | 00:07:36 | |
| Back. | 00:07:39 | |
| On that concrete and like I say, I think that's. | 00:07:40 | |
| And that's two sides. | 00:07:42 | |
| 1. | 00:07:44 | |
| Yes, but if you look at it in comparison to the building. | 00:07:46 | |
| It certainly doesn't look like it's. | 00:07:49 | |
| Oversized for the. | 00:07:51 | |
| Dimensions of the building. | 00:07:53 | |
| I. | 00:07:59 | |
| Nick Ruby. | 00:08:03 | |
| Chief Operations Officer. | 00:08:05 | |
| Director of Redevelopment Commission as well. | 00:08:07 | |
| This is in the Nova Tech Park. | 00:08:11 | |
| Work it is. | 00:08:14 | |
| The lot itself was owned by the Redevelopment Commission. | 00:08:16 | |
| Any sign variance? | 00:08:21 | |
| That is requested has to be approved by the Redevelopment Commission. | 00:08:24 | |
| Which it has been. This request has been approved to come before you. | 00:08:29 | |
| This is area that is. | 00:08:34 | |
| Separate and outside of other commercial areas, Other residential areas. | 00:08:37 | |
| The Redevelopment Commission feels that it is. | 00:08:43 | |
| The size of the sign is, not. | 00:08:47 | |
| Outstanding with the branding and character that we are trying to develop in that park. | 00:08:50 | |
| So sorry to blur my minds here, but speaking for the redevelopment question. | 00:08:59 | |
| OK. Thank you, Nick. | 00:09:06 | |
| Do you have any other comment in response to the? | 00:09:08 | |
| What's been said, Everything else. | 00:09:11 | |
| I don't know any any other thoughts or comments from Miss Scarborough. | 00:09:12 | |
| Nope. So your position was basically that the signage on either side is is. | 00:09:17 | |
| Consistent with a structure of that size? Absolutely OK. | 00:09:22 | |
| Thank you. Thank you. | 00:09:27 | |
| OK folks, so. | 00:09:31 | |
| We've heard staff report from the applicant. Is there anyone? | 00:09:33 | |
| Here this evening that would like to. | 00:09:36 | |
| Also, come forward and speak in favor of this request. | 00:09:39 | |
| Seeing none. | 00:09:44 | |
| We'll move to anyone here. | 00:09:45 | |
| That would like to speak in opposition to this request. | 00:09:47 | |
| OK, seeing none. | 00:09:51 | |
| We'll we'll move forward. I would be willing to. | 00:09:54 | |
| Entertain. | 00:09:58 | |
| Motion or ballot if we have one. | 00:10:00 | |
| We don't have that anyone. | 00:10:04 | |
| Have a ballot? | 00:10:06 | |
| Are you going to prepare one? | 00:10:26 | |
| Where? | 00:10:30 | |
| I don't know where you're at, so. | 00:10:31 | |
| You're gonna get it. | 00:10:33 | |
| All right. Thank you. | 00:10:35 | |
| Folks, if you will indulge us. | 00:10:37 | |
| One of our board members can prepare ballot for this. | 00:10:39 | |
| Are you OK with this? | 00:10:44 | |
| If you're OK with it. | 00:10:48 | |
| I can make it easy, I got 1. | 00:10:50 | |
| Oh, OK. | 00:10:57 | |
| All right, just make things go a little faster. Excuse me. All right, this is Docket FC-06. | 00:10:59 | |
| 2513 Commonwealth signs the approval of the variance will. | 00:11:06 | |
| Not being jurors to the public health, safety, morals. | 00:11:11 | |
| Junior Welfare. | 00:11:14 | |
| Of the Community because proposed sign will. | 00:11:15 | |
| Consist of. | 00:11:18 | |
| Facelift channel letters. Wall signs. | 00:11:19 | |
| Which will not pose any fiscal hazard or concerns. | 00:11:21 | |
| #2. | 00:11:24 | |
| The use and the value of the area adjacent to the property includes and the variance will not. | 00:11:25 | |
| Be affected in substantially adverse manner. | 00:11:30 | |
| Because the sign. | 00:11:32 | |
| Will not impede. | 00:11:33 | |
| Nor the use nor value value of adjacent properties. | 00:11:35 | |
| #3. | 00:11:40 | |
| And the strict application of the terms of zoning arts will. | 00:11:41 | |
| Resort practical difficulties in the use of the property because. | 00:11:44 | |
| The building's front entrance is. | 00:11:48 | |
| Considerably distance. | 00:11:50 | |
| From the right of way, motorists driving along innovative Pkwy may have just. | 00:11:52 | |
| Difficulty seeing the sign for business. | 00:11:56 | |
| If it had to be. | 00:11:59 | |
| Met the ordinance standards. | 00:12:00 | |
| A larger sign signage is necessary to maintain visibility. | 00:12:02 | |
| And ensure effective commercial use of the property. | 00:12:06 | |
| The variance does not involve a structure. | 00:12:08 | |
| Near an airstrip regulated under Indiana Code 82110. | 00:12:11 | |
| All right, all right. Infrastructure pressure 1. | 00:12:17 | |
| Copy correct. | 00:12:22 | |
| OK, got it. Yeah. | 00:12:27 | |
| Tell me about it later. | 00:12:29 | |
| The Board of Zoning appeals hereby grants. | 00:12:30 | |
| The potential of variance. | 00:12:33 | |
| At the meeting held on the 11th day of August 2025. | 00:12:34 | |
| That is not valid. | 00:12:38 | |
| Here we have a ballot and we have a second. | 00:12:40 | |
| I'll second. | 00:12:42 | |
| We have a ballot and a second. | 00:12:42 | |
| Mr. Whelan. | 00:12:44 | |
| Any other questions or comments? | 00:12:46 | |
| Seeing none, all those in favor signify by saying aye aye. | 00:12:48 | |
| Any opposed like so? | 00:12:51 | |
| Aye, aye. | 00:12:53 | |
| OK, we have so I'll vote in favor. So we have 3 in favor, 2IN opposition. | 00:12:55 | |
| That's good. Motion passes. | 00:13:01 | |
| Thank you. | 00:13:04 | |
| OK, moving on with this evenings agenda. | 00:13:07 | |
| New business. | 00:13:11 | |
| First item of business this evening is FC-08-205-16. | 00:13:13 | |
| The development standards variance and I believe Ray is going to come forward and get the staff report on that. | 00:13:19 | |
| All right. The petitioner is Brandon Blake. The location is 3010 Fox Hill Drive in Floyds Knobs, IN. | 00:13:27 | |
| Zip code 4711. | 00:13:33 | |
| 9 and the request is for accessory dwelling unit. | 00:13:35 | |
| In the zoning district role. | 00:13:38 | |
| Residential. | 00:13:40 | |
| The applicant is requesting a development standards variance for an accessory dwelling unit on his property subject properties of | 00:13:44 | |
| 1.28 acre lot within the Fox Hill Estates subdivision. | 00:13:48 | |
| The applicant is requesting the constructed carriage house consisting of two floors. | 00:13:53 | |
| With a detached garage on the ground level and living borders about the structural measure 35 feet by 38 feet for a total of 13130 | 00:13:57 | |
| square feet. | 00:14:01 | |
| Include a bedroom. | 00:14:06 | |
| Living bedroom, living room, dining area and. | 00:14:07 | |
| Living space is intended to provide housing for the applicants widowed mother-in-law. | 00:14:12 | |
| The applicant indicated they asked four children that live with him and his wife in the. | 00:14:16 | |
| Primary prisons. | 00:14:20 | |
| So going into staff comments. | 00:14:21 | |
| The approval will not be adjourned to the public health, safety, morals and general welfare of the community. | 00:14:23 | |
| Request is in line with standard carriage house provisions. | 00:14:28 | |
| The carriage house will not be injurious to the public health, safety, morals and general warfare because the carriage house does | 00:14:31 | |
| not differ and the lots used as a residential dwelling. | 00:14:35 | |
| Further, the carriage house will have sufficient utilities access and parking and cause no strain on public services for | 00:14:39 | |
| neighboring problems. So evaluation has been conducted in. The Floyd County Health Department has stated that the Adu is suitable | 00:14:43 | |
| for septic. | 00:14:47 | |
| #2. | 00:14:52 | |
| They used to value the area adjacent to the property, including the variance. | 00:14:53 | |
| Will not be affected in this substantially. | 00:14:56 | |
| At first manner. | 00:14:58 | |
| The use of the lot will remain residential, preserving the character and integrity of the district, and the carriage house is | 00:15:00 | |
| similar in its character and aesthetic as the residents. | 00:15:03 | |
| The carriage house is intended as a private living space for family member rather than a rental unit, minimizing potential impacts | 00:15:08 | |
| such as traffic, noise and parking. | 00:15:12 | |
| Additionally, carriage houses are often considered desirable features in the housing market. | 00:15:16 | |
| I mean, it may increase the property's overall value as well as surrounding property values. | 00:15:20 | |
| The proposed Adu lines of the comprehensive plans smart growth principles by promoting compact building design, directing | 00:15:25 | |
| development toward existing communities, and making efficient use. | 00:15:30 | |
| Of available land. | 00:15:35 | |
| #3 The strict applications of the terms of the zoning ordinance will result in practical difficulties in the use of the property. | 00:15:36 | |
| While the use of the single family dwelling unit will not be adversely impacted. | 00:15:43 | |
| Housing the applicants mother-in-law in a home with an already sizable family can present a practical difficulty and adequate | 00:15:47 | |
| living quarters for the family the Floyd County. | 00:15:51 | |
| Zoning warrants prohibits human occupancy, ancestry structures and does not include any provisions regarding accessory rolling | 00:15:55 | |
| units. | 00:15:58 | |
| Without the Adu that may have difficulty housing his mother-in-law on his property. | 00:16:01 | |
| #4 the variance is not. | 00:16:07 | |
| Involve a structure that is near an airstrip as regulated under in a code 8-201-10 as there's not airstrip vicinity staff | 00:16:09 | |
| recommendations. | 00:16:13 | |
| Regular commitment stating that the ad will not be suffered by. | 00:16:18 | |
| Subdivided or used as a rental. | 00:16:21 | |
| Received septic approval from the Floor Tan Hill Department. | 00:16:23 | |
| And the carriage home to be in line with the home or behind the home. | 00:16:26 | |
| Thank you, Ray. | 00:16:30 | |
| Any questions for Ray from the board? | 00:16:31 | |
| No, I don't. Thanks, Ray. | 00:16:34 | |
| Thank you. | 00:16:35 | |
| OK. We've heard from staff. Is the applicant or representative of the applicant here? Please come forward, state your name and | 00:16:37 | |
| address for the record, please. | 00:16:41 | |
| My name is Brandon Blake. I'm the homeowner at 3010 Fox Hill Drive and the applicant. | 00:16:44 | |
| OK, Mr. Blake, anything else that you would like to share with the board this evening? | 00:16:50 | |
| I mean the application was. | 00:16:55 | |
| Pretty concise with what the gentleman shared. | 00:16:58 | |
| I would only add that. | 00:17:01 | |
| You know, with the. | 00:17:03 | |
| I just couldn't imagine putting my mother-in-law. | 00:17:05 | |
| Nursing home. | 00:17:08 | |
| Being of means to. | 00:17:10 | |
| To not have that be her reality I. | 00:17:13 | |
| I would just like to see it. | 00:17:16 | |
| You know, fruit. | 00:17:18 | |
| Any questions? I do, Commissioner. | 00:17:22 | |
| Would you be opposed to? | 00:17:25 | |
| The proposed structure, moving it to the rear. | 00:17:27 | |
| Of the property just a few feet. | 00:17:30 | |
| To be sure that the front of your proposed cottage is. | 00:17:32 | |
| In line with the existing. | 00:17:36 | |
| Front of the house or behind it? | 00:17:38 | |
| Do you have a problem with moving up? Just I don't know how. You don't have an exact dimension on here so I don't know what it | 00:17:40 | |
| would take. | 00:17:43 | |
| But your drawing shows it in front. | 00:17:46 | |
| We went. | 00:17:50 | |
| Based off the. | 00:17:51 | |
| There was an offset where it had to be 40 foot off of Fox Hill Drive. | 00:17:54 | |
| Is that included in that plot drawing? Yes. You know, it says 40, it says 42 foot, but in order. | 00:17:59 | |
| In order to be. | 00:18:05 | |
| In line with the front in the line of the existing. | 00:18:07 | |
| House it needs to come back another. | 00:18:10 | |
| I don't. You don't have it. Yeah. You don't have a dimension on the existing house, so we can't. | 00:18:13 | |
| Yeah, but it looks like you get room in the back. Yeah, and then. | 00:18:18 | |
| The next question is. | 00:18:22 | |
| Do the garage doors open? | 00:18:23 | |
| Toward the toward the driveway is that house. The structure is going to be situated. | 00:18:25 | |
| OK. | 00:18:29 | |
| OK, that's good. And then? | 00:18:31 | |
| I I don't know if it really got into the inside. Are you putting an elevator in there possibly? | 00:18:33 | |
| It's a it's a lift. | 00:18:38 | |
| Okay. | 00:18:41 | |
| The the stairwell and with her age. | 00:18:43 | |
| I That's one of the problems at the home that that she has now. There's a spiral staircase in there. | 00:18:46 | |
| And. | 00:18:51 | |
| With her age, she has to park. | 00:18:52 | |
| On the ground floor and then go up the spiral staircase to get to the living quarters. And I didn't want to put a chairlift in the | 00:18:54 | |
| stairwell on the carriage house and I did some research on. | 00:18:59 | |
| I mean, it's, it's, it's a lift. | 00:19:06 | |
| The cable lift no that there's that that you've answered quite whatever system you got I just. | 00:19:09 | |
| Couldn't imagine putting her upstairs and. | 00:19:13 | |
| You know, with steps. | 00:19:15 | |
| And then? | 00:19:17 | |
| Existing house is the new. | 00:19:20 | |
| Cottage going to match that facade somewhat brick and what have you. Well, that's why I'm sharing with Gabby. | 00:19:22 | |
| The Tumble brick has been discontinued from the year that the home was built. I found something that's close and then I. | 00:19:28 | |
| Put on the new set of drawings a 2 foot skirt. | 00:19:37 | |
| Instead of breaking it from. | 00:19:40 | |
| The whole exterior. | 00:19:42 | |
| Was going to do a 2. | 00:19:44 | |
| Foot skirt with the stone that's close to the original brick of the home. OK. And then do board and Bat Hardy board, OK. | 00:19:45 | |
| Above that. | 00:19:52 | |
| And then the the lot falls off. | 00:19:54 | |
| To the back into the right hand side. What are you going to do with that? | 00:19:57 | |
| With that, are you? | 00:20:00 | |
| Finish that foundation. Are you going to? | 00:20:01 | |
| Bring dirt back up against it. What was your thoughts there? | 00:20:04 | |
| It'll be a concrete. | 00:20:07 | |
| Wall where the where the slope falls. | 00:20:08 | |
| Uh-huh. | 00:20:12 | |
| And then there'll be a porch on that side with railing. And then there's a, there'll be a ramp installed because the, the | 00:20:12 | |
| workshops in the rear of the carriage house. And that's where I'm going to park my, I have a UV, a mule, Kawasaki mule. | 00:20:19 | |
| Zero term lawn mower, but I'll be able to but you won't be able to put anything toward. | 00:20:27 | |
| Facing from the road, you won't be able to put anything to the right of that. As far as a deck, did you say the deck? | 00:20:31 | |
| Is on the rear of the. It's on the rear facing the pool and yeah, the front, that's where. | 00:20:36 | |
| My. | 00:20:43 | |
| Jared Poor, I can't remember the company. That's where the septic design. | 00:20:46 | |
| They're going to come out there and put the. | 00:20:50 | |
| The tank. | 00:20:53 | |
| Towards between Fox Hill Drive and the carriage house. | 00:20:54 | |
| OK. And then they're going to go. | 00:20:58 | |
| Through the driveway to the lateral field that's been proposed. | 00:21:00 | |
| OK, in the front of the. | 00:21:03 | |
| All right, that's that's all I got. | 00:21:04 | |
| OK. Any other questions? | 00:21:07 | |
| OK, seeing none. Thank you. | 00:21:11 | |
| OK. We've heard from the staff and the applicant is. | 00:21:17 | |
| Is there anyone else here this evening would like to come forward to speak in favor of this application? | 00:21:20 | |
| Please come forward, state your name and address for the record. | 00:21:27 | |
| Yeah, my name is Paul Collins. | 00:21:30 | |
| My company is going to build this. | 00:21:35 | |
| Structure. | 00:21:38 | |
| But. | 00:21:39 | |
| Based on what you were talking about, Victor? | 00:21:42 | |
| We did a. | 00:21:44 | |
| We stepped it off to the transit. | 00:21:46 | |
| That 40 foot that we have today is existing. | 00:21:49 | |
| And if you go out there, the home next door. | 00:21:52 | |
| In his home. | 00:21:57 | |
| It all kind of it it. It's the perfect fit. | 00:22:00 | |
| And it doesn't. | 00:22:04 | |
| It doesn't jet out. | 00:22:05 | |
| It's it's actually. | 00:22:06 | |
| If you go out and see it at. | 00:22:08 | |
| That 40 feet or 42 feet? | 00:22:09 | |
| Is a perfect spot for that house. | 00:22:13 | |
| Well, I think if I'm not correct, Ray, if it goes in front of the house that asks that, is that another variance? | 00:22:16 | |
| No, it will not be in front of house. OK, well as long as it's not. | 00:22:22 | |
| Yeah, right. But why you're while you're there? I'm sorry, I had a question. | 00:22:26 | |
| When will you start and how long do you think the construction is going to last? | 00:22:32 | |
| We're going to start the process as soon as you can walk out of here. Well, you can't do that till. | 00:22:36 | |
| We're going to go, we're going to do the job as soon as we're out of here. | 00:22:43 | |
| In about 6 weeks And how long do you think it take to finish? | 00:22:48 | |
| And the reason I ask that is that just so, so so neighbors, you know, some people it takes forever to build something and it's a | 00:22:54 | |
| mess for. | 00:22:57 | |
| Months or years or whatever. So OK, appreciate your honesty there. | 00:23:01 | |
| OK, anyone else that would like to come forward speak in. | 00:23:12 | |
| Favor of this request this evening. | 00:23:15 | |
| OK, moving on. | 00:23:18 | |
| Is there anyone here that would like to come forward and speak in opposition? | 00:23:19 | |
| OK, seeing none. | 00:23:25 | |
| Is there any reason to call Mr. Blake back? | 00:23:30 | |
| Don't know that there is. | 00:23:33 | |
| Ladies, welcome to. | 00:23:35 | |
| I don't. I don't think so. I would like to clarify though, you 2 could just shake your head. | 00:23:37 | |
| Affirming, if you would. | 00:23:41 | |
| Mr. Collins, you said that. | 00:23:43 | |
| This structure, it will be aligned with the existing house, it will not be in front of it. | 00:23:45 | |
| It will not be in front of their home. | 00:23:51 | |
| OK, because I think the drawing that we see. | 00:23:53 | |
| Shows that. | 00:23:57 | |
| That was the reason for the question. | 00:23:58 | |
| He didn't wanna pay too much. | 00:24:02 | |
| I don't know why it's not. | 00:24:04 | |
| OK. | 00:24:06 | |
| So for the record, Mr. Collins assures the board that it will not be in front. | 00:24:08 | |
| I just want to make sure that that's noted. | 00:24:14 | |
| OK, so we've heard from the applicant. | 00:24:17 | |
| From the public, I would entertain a ballot. If we have one, I have one. | 00:24:21 | |
| Doctor FC. O8-205-16. | 00:24:26 | |
| After cover review, the board finds that approval of the variance will not be interest. | 00:24:29 | |
| To the public health, safety, morals and general welfare of the community. | 00:24:34 | |
| Because the carriage house does not differ. | 00:24:38 | |
| In the lot's use as residential dwelling unit. | 00:24:41 | |
| Further, the carriage house will have sufficient. | 00:24:45 | |
| Utilities access and parking and will cause no strain on public services or neighboring properties. | 00:24:47 | |
| #2. | 00:24:53 | |
| The use and value of the area adjacent to the property, including. | 00:24:54 | |
| Will not be a. | 00:24:58 | |
| Affected in a substantial adverse manner because the use of the. | 00:24:59 | |
| Will remain residential. | 00:25:03 | |
| Preserving the character and integrity of the district. | 00:25:04 | |
| And the carriage house is similar in the characters. | 00:25:07 | |
| And aesthetics as the residents the carriage house. | 00:25:10 | |
| Is attended as a private living space. | 00:25:12 | |
| For a family member, minimizing potential impacts such as traffic, noise and parking. | 00:25:15 | |
| Additional carriage houses. | 00:25:20 | |
| Are often considered a desirable feature in the housing market and may increase the property overall value. | 00:25:22 | |
| As well as surrounding property. | 00:25:27 | |
| The strict application that terms of the zone yarn it's. | 00:25:29 | |
| Will result from practical difficulties use of the property because while the use of the single family dwelling unit will not | 00:25:31 | |
| adversely impacted housing. | 00:25:36 | |
| The applicants mother-in-law in an. | 00:25:40 | |
| In a home with a. | 00:25:42 | |
| Family can present practical difficult. | 00:25:43 | |
| Caught these inadequate living quarters for the family. | 00:25:46 | |
| Without the ad. | 00:25:50 | |
| You, an applicant, may have difficulty housing his mother-in-law on his property. | 00:25:51 | |
| For, the variance does not involve a structure that is near an airstrip and regulated on Indiana code. | 00:25:56 | |
| The Board of Zoning Appeals heard by grants. | 00:26:02 | |
| The petition of variance at the meeting held on the 8th of September, 2025. | 00:26:05 | |
| Approval by the board. | 00:26:09 | |
| Is subject to the completion of the following conditions Receive septic approval from the Floyd County Health Department. | 00:26:11 | |
| The front of the Adu shall not exceed the front of the primary residence. | 00:26:16 | |
| No more than two people can occupy the Adu. | 00:26:21 | |
| Approval by the Board subject to the following written commitment. | 00:26:24 | |
| Provide a written commitment stating that the. | 00:26:28 | |
| Accessory Dwelling Unit will not be subdivided or used as a rental. | 00:26:30 | |
| That completes my ballot. | 00:26:34 | |
| OK, we have a ballot. Do we have a second? | 00:26:36 | |
| I'll second that, give a ballot and a second. | 00:26:38 | |
| Any other questions? | 00:26:41 | |
| Before we move on to a vote, all those in favor signify by saying aye. | 00:26:42 | |
| Aye, any opposed like son? | 00:26:46 | |
| Motion passes. | 00:26:48 | |
| Thank you guys. | 00:26:50 | |
| Next item on our agenda this evening is. | 00:26:52 | |
| Agenda item number 3, Epstein Dash 08-205-17 and development standards variance. | 00:26:55 | |
| And I believe Ray is going to come and get the staff report on that as well. | 00:27:01 | |
| If it's OK with the board, I would like to present both the staff reports for. | 00:27:07 | |
| Agenda item 08/25. | 00:27:13 | |
| R0-205-17 and 08-205-18 as they are for the same lot and for the same variance. | 00:27:16 | |
| Is the board OK with that? | 00:27:24 | |
| Yes, Sir. You sure? OK. | 00:27:25 | |
| We will do that. | 00:27:27 | |
| The location or the petitioner is Paul and Rebecca Bennett. The location is 3610 Rockwood Dr. with Floyd's Knobs, Indiana. | 00:27:29 | |
| Zip code 47119. | 00:27:36 | |
| That request is a development standards variance for ingress slash egress easement less than the 50% requirement. | 00:27:38 | |
| And the zoning district is rural residential. | 00:27:45 | |
| To go into overview. | 00:27:47 | |
| The applicant is requesting the development standard variance to allow use of an existing 13 foot wide private access easement in | 00:27:49 | |
| place of the 50 foot. | 00:27:52 | |
| With required by the Floyd County zoning ordinance for access to two proposed lots. | 00:27:56 | |
| Which will be split from the 9.42 acre subject property. | 00:28:00 | |
| The subject property is landlocked and the ordinance requires law firms to be on either public St. | 00:28:04 | |
| A private recorded access easement with the maintenance. | 00:28:08 | |
| Agreement at least 50 feet wide. | 00:28:11 | |
| The property property currently accesses Rockwood Drive through this pre-existing 13 foot easement. | 00:28:13 | |
| The easement only allows for passage of 1 vehicle at a time and currently serves three other lots. | 00:28:18 | |
| The easement cannot be wired due to it crossing through neighboring properties. | 00:28:23 | |
| And on the subject property even cannot be why new to residents located within 50 feet of the property. | 00:28:26 | |
| Line from Rockwood Dr. | 00:28:32 | |
| Language in the deed for the previous property owner granted access to the live unit easement measuring 13 feet in width dating | 00:28:35 | |
| back to 2004, preceding the adoption of the Floyd County zoning ordinance in 2006. | 00:28:40 | |
| The proposed split will result in two new tracks that will be 3.51 acres and 3.84 acres the frontage. | 00:28:45 | |
| 150 feet and 240 feet respectively, while the pairing track would be 1.93 acres for the 175 feet of frontage. | 00:28:51 | |
| The applicant stated that he intends to split the lot to build residences for relatives, which makes a lot exempt from the | 00:28:59 | |
| subdivision control standards under Item 8. | 00:29:03 | |
| Exempt Subdivisions on page 11 of the Subdivision Control Ordinance. | 00:29:07 | |
| The term subdivision does not include transfers between family members, parents, children, or siblings. | 00:29:12 | |
| So long as the parent track does not divided. | 00:29:17 | |
| More than five lots. | 00:29:20 | |
| Surrounding properties consist of single family dwelling units, also zoned. | 00:29:21 | |
| Rural residential. | 00:29:25 | |
| Not going into staff comments. The approval will not be injurious to the public health, safety, morals and general welfare of the. | 00:29:26 | |
| Community. | 00:29:32 | |
| The 13 foot easement is tree assisting has been safely used for access without issue for years. The proposed variance will serve | 00:29:33 | |
| only will serve only two additional residences creating minimal traffic will have no adverse impact on public infrastructure. | 00:29:39 | |
| Emergency access remains feasible in the Floyd County Health Department indicated objections to the split of the parcels impact. | 00:29:45 | |
| On the subjects property on site solutions system. | 00:29:51 | |
| #2. | 00:29:54 | |
| The use and value of the area adjacent to the property, including the variance, will not be. | 00:29:54 | |
| Affected in a substantiate first manner the use. | 00:29:58 | |
| Of adjacent properties will remain larger when affected, aside from the increased use. | 00:30:01 | |
| Of the existing private access drive. | 00:30:05 | |
| And #3 the strict. | 00:30:07 | |
| Application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. Variances and | 00:30:09 | |
| granted access to the lot to be a priorities will not be permitted. Further, Floyd County zoning earns as does not meet the | 00:30:13 | |
| minimum 50 foot width requirement. | 00:30:17 | |
| The applicant will therefore not be able to split the lot and build two additional single family long units as. | 00:30:22 | |
| #4 The variance does not involve a structure that is near an airstrip and regulated under Indiana Code 82110 as there is no | 00:30:28 | |
| airstrip in the vicinity. Staff recommendations Update access agreement. | 00:30:34 | |
| The stipulations addressing maintenance. | 00:30:40 | |
| Why didn't the access easement along the two properties resulting from the split? | 00:30:42 | |
| No further residential development to be permitted that requires access via the easement to minimize traffic and degradation of | 00:30:46 | |
| the private drive. | 00:30:49 | |
| And secure written confirmation. | 00:30:52 | |
| From the fire department, verifying that the easement can still provide adequate access and service to the to the proposed. | 00:30:54 | |
| Lots resulting. | 00:31:01 | |
| In the event of an emergency. | 00:31:02 | |
| OK. We've heard of staff on these two issues. And just to clarify for the. | 00:31:06 | |
| Those of you in attendance, we we've heard these as one. | 00:31:11 | |
| Or collectively, but we will vote on each of these requests separately. | 00:31:14 | |
| So questions for Ray? | 00:31:19 | |
| I do have a question raised, but a lot of this prop. | 00:31:21 | |
| There is a dam and a lake upstream of this property. | 00:31:24 | |
| And a large portion of. | 00:31:28 | |
| Property. | 00:31:31 | |
| Is apparently subject to flooding. | 00:31:32 | |
| Now when they come in to get a building permit. | 00:31:35 | |
| Is there something that says they can't build in the floodplain, the floodway of that stream or how does that need a permitting | 00:31:39 | |
| from our office for building the floodway or the floodplain building permitting from our office to build? | 00:31:45 | |
| Energy Floodplain. | 00:31:52 | |
| So that's something that we would address. | 00:31:54 | |
| Wait a minute, he's going to clarify, to further clarify what raises, we have an entire section in our ordinance about building in | 00:31:58 | |
| floodplains. | 00:32:02 | |
| The different types of floodplains, whether it's in the fringe or the actual floodplain. | 00:32:07 | |
| And standards that you have to meet or get. | 00:32:13 | |
| The necessary permitting. | 00:32:16 | |
| Well, that's what I I just want to make sure that was being covered by somebody, then that will be verified. | 00:32:18 | |
| At the building permit phase, OK. | 00:32:24 | |
| I may still may mention it in my ballot. | 00:32:27 | |
| Any other questions for Ray while he's here? | 00:32:30 | |
| All right. Thank you. Appreciate it. | 00:32:34 | |
| OK, moving on. We've heard from the staff now. | 00:32:37 | |
| We will hear from the applicant or the representative if they're. | 00:32:40 | |
| Here in attendance. | 00:32:45 | |
| Please come forward and state your name and address for the record. | 00:32:48 | |
| OK. He was not attorney. | 00:32:51 | |
| Good evening. I'm George Gazenhouse. I'm the attorney representing. | 00:32:55 | |
| The band Can you speak in the microphone please? | 00:32:59 | |
| Sorry, we can't hear you. | 00:33:02 | |
| George Gason house here for the applicants, Paul and Mickey Bennett. | 00:33:04 | |
| OK. Thank you. | 00:33:08 | |
| Becky Bennett, 4481 Scottsville Rd. Floyd's Thompson, Indiana. | 00:33:11 | |
| Call Bannon. | 00:33:16 | |
| 4418. | 00:33:17 | |
| Scottsville. | 00:33:19 | |
| OK. Thank you. | 00:33:20 | |
| Is there anything else you folks would like to share with the board this evening before we move to a ballot? | 00:33:21 | |
| I don't think we've got anything to add to the report for. | 00:33:26 | |
| Eager and anxious to answer any questions the board might have about. | 00:33:30 | |
| Their applications. | 00:33:34 | |
| Any questions I do just. | 00:33:36 | |
| When we wrote out there the other day and rode down the road. | 00:33:38 | |
| Before you got to the the culvert. | 00:33:41 | |
| It looked like there was a clear spot and you look up to the right, it looks like there were some stumps and what have you. | 00:33:44 | |
| Is that? | 00:33:49 | |
| A proposed building site at that point. That's one of them, right? | 00:33:50 | |
| OK. And then the second one, where would the second one be? | 00:33:54 | |
| From the wooded area beyond that. | 00:33:58 | |
| Part that's been clear, OK, further further down. | 00:34:00 | |
| Currently, there's no intent to build on that third lot. | 00:34:03 | |
| Right. So you're aware that if it is quick? | 00:34:07 | |
| If it is in the floodplain. | 00:34:11 | |
| Or if it's in the wetlands or something like that, that. | 00:34:13 | |
| That obviously. | 00:34:15 | |
| You've got to get additional approvals. I think I said that right, so. | 00:34:16 | |
| OK. All right. That we kind of figured that, but it's without having any stakes or what have you and knowing exactly where | 00:34:20 | |
| property lands were. | 00:34:23 | |
| We saw that so so is the. | 00:34:27 | |
| The divide. The divide between. | 00:34:30 | |
| Track 2 and track 3, is that pretty much where the? | 00:34:33 | |
| That little culvert is or where the Creek is or is it right in that area? | 00:34:36 | |
| Yes. | 00:34:40 | |
| Yes, that's what we assumed when we were walking that. | 00:34:41 | |
| The other day, but. | 00:34:44 | |
| There's no steak there, no land that gives me the. | 00:34:46 | |
| We weren't quite positive of that. | 00:34:49 | |
| OK. | 00:34:52 | |
| Any other questions for the applicants? | 00:34:54 | |
| Thank you folks. | 00:34:57 | |
| OK. Moving along, is there anyone? | 00:35:02 | |
| Else here this evening that would like to anyone who'd like to come forward and speak in favor of this request this evening. | 00:35:05 | |
| Seeing none. Anyone here who would like to come forward and speak in opposition? | 00:35:14 | |
| OK. | 00:35:19 | |
| Seeing none, we will move to the ballot phase. Do we have a ballot? | 00:35:21 | |
| I do. | 00:35:26 | |
| So the. | 00:35:29 | |
| The first four. | 00:35:31 | |
| Parts of this. | 00:35:33 | |
| Will apply to both 17 and 18. | 00:35:34 | |
| Then when I get to the next. | 00:35:37 | |
| After that. | 00:35:39 | |
| They'll be a little different so I'm only going to. I'm not going to read one through 4 both times. | 00:35:40 | |
| If that's. | 00:35:45 | |
| It's OK with me. It's OK with that. | 00:35:46 | |
| Docket FCO 8. | 00:35:50 | |
| Dash 25-17. | 00:35:52 | |
| After careful reviewed, the board finds that approval of the variance. | 00:35:54 | |
| Will not be interest to the public health, safety, morals and general welfare of the community because the 13 foot easement. | 00:35:58 | |
| Is pre-existing and has been used for access for years. The proposed variance. | 00:36:05 | |
| Will serve only two additional residents. | 00:36:09 | |
| Creating minimal traffic. | 00:36:11 | |
| And have no advance impacts on public infrastructure. Emergency access remains feasible. | 00:36:14 | |
| And the Floyd County Health indicated no objections to the split. | 00:36:19 | |
| Of the partial impact. | 00:36:23 | |
| Parcels on the subject property on. | 00:36:25 | |
| On site sewage systems. | 00:36:27 | |
| The sewage. | 00:36:29 | |
| I mean the. | 00:36:30 | |
| #2 The use and value of the area adjacent of the property included in the variance will not be affected in substantial adverse | 00:36:31 | |
| manner because the use of the adjacent property will remain. | 00:36:36 | |
| Largely unaffected and other. | 00:36:40 | |
| Than an increase in use by vehicles accessing. | 00:36:42 | |
| The new track. | 00:36:45 | |
| Using the existing easement. | 00:36:47 | |
| #3 The strict application the terms of zoning orders will result in practical difficulties in the use of the property. | 00:36:48 | |
| Because if a variance isn't granted access to the lots via private easement. | 00:36:54 | |
| Will not be permitted per the floor county zoning ordinance as the easement does not meet the minimum 50 foot width requirement. | 00:36:59 | |
| The airpoint will be therefore not able to split. | 00:37:05 | |
| Lot and developed a new track. | 00:37:08 | |
| #4 The variance does not involve a structure. | 00:37:10 | |
| That is near an airstrip or regulated under Indiana code. | 00:37:13 | |
| The Board of Zoning Appeals shared by grants the petition of variance at the meeting on the 8th of September. | 00:37:19 | |
| 2025. | 00:37:24 | |
| Approval The Board is subject to the completion of the filing conditions. | 00:37:25 | |
| Provide a 30 foot easement along track 1. | 00:37:28 | |
| South property land. | 00:37:31 | |
| Also provided pull off on track 1 to allow traffic to pass. | 00:37:33 | |
| #2. | 00:37:37 | |
| Update the access. | 00:37:38 | |
| Agreement addressing the two new tracks. | 00:37:40 | |
| And the maintenance of the draft. | 00:37:42 | |
| Provide a copy of to staff prior to recording the new plat. | 00:37:44 | |
| #3. | 00:37:48 | |
| Install a new Carver bridge of sufficient size for the flow over the stream that will support the support emergency vehicles. | 00:37:49 | |
| #4 clearance. | 00:37:57 | |
| Clear the existing 13 foot wide easement of a. | 00:37:59 | |
| To a minimum height of 14 foot and maintain this clearance for emergency access. | 00:38:02 | |
| #5 Secure written confirmation from the fire department. | 00:38:07 | |
| Verifying that the easement can still provide adequate access and service to the pros lot resulting from split. | 00:38:11 | |
| In the event of an emergency. | 00:38:17 | |
| Number six, no resident can be. | 00:38:19 | |
| Constructed in the floodplain or flood way of the stream. | 00:38:21 | |
| #7 No further development is permitted that requires access via. | 00:38:24 | |
| Via the easement. | 00:38:29 | |
| That completes my ballot. | 00:38:31 | |
| OK, we we have a. | 00:38:34 | |
| Ballot on. | 00:38:36 | |
| FC-08-205-17 Do we have a second? | 00:38:39 | |
| I'll second that. | 00:38:44 | |
| We have a ballot and a second. | 00:38:45 | |
| Any other comments or questions about the ballot is submitted. | 00:38:47 | |
| Seeing none, all those in favor signify by saying aye. | 00:38:50 | |
| Aye, any opposed like son? | 00:38:54 | |
| Motion passes. | 00:38:55 | |
| Moving on to FC-OR8-205-18. | 00:38:57 | |
| OK, so 18. | 00:39:01 | |
| The first four paragraphs are the same. | 00:39:03 | |
| I'll start with the board. | 00:39:06 | |
| Of zoning appeals here by grants the petitioner variance at the meeting held on the 8th of September, 2025. | 00:39:08 | |
| Approval by the Board is subject to completion of the following conditions. | 00:39:14 | |
| Number one provide 30 foot easement along Track 2 South property line. | 00:39:18 | |
| Also provided pull off. | 00:39:22 | |
| On track 1 to allow traffic to pass. | 00:39:23 | |
| #2 Update the access agreement addressing the two new tracks and the maintenance of the drive. Provide a copy of the staff. | 00:39:26 | |
| Through the prior to recording the new plat. | 00:39:33 | |
| #3 Install a new carburetor bridge of sufficient size. | 00:39:36 | |
| For the flow over the stream that will support emergency vehicles. | 00:39:40 | |
| #4 Clear the 13 foot wide easement of trees to a minimum height of 14 feet. | 00:39:44 | |
| And maintain this clearance for emergency access. | 00:39:49 | |
| #5 Secure written confirmation with the fire department verifying the easement can still provide. | 00:39:52 | |
| Access and service to. | 00:39:57 | |
| Proposed lots resulting from the split in the event of an emergency. | 00:39:59 | |
| Number six, no resident can be constructed in the floodplain or floodway #7 no further resident. | 00:40:03 | |
| Residential development is permitted that requires access via the easement. | 00:40:09 | |
| That completes my ballot. | 00:40:13 | |
| We have a ballot. Do we have a second? | 00:40:14 | |
| I'll second it. | 00:40:17 | |
| We have a ballot in a second. | 00:40:19 | |
| Again, any other questions or comments for the ballot? | 00:40:21 | |
| Seeing none. | 00:40:24 | |
| All those in favor signify by saying aye. | 00:40:25 | |
| Any opposed like son? | 00:40:28 | |
| Motion passes. | 00:40:29 | |
| Thank you folks. | 00:40:32 | |
| OK. Next item on our agenda this evening is FC-08-205-19 and. | 00:40:35 | |
| Another development standard variance and I believe Ray is going to come and get the staff report on that one. | 00:40:42 | |
| The petitioner is Matthew Payne. The location is 1481 Walsh Rd. in Georgetown, IN. | 00:40:51 | |
| Codeci. | 00:40:57 | |
| One through 2. | 00:40:58 | |
| The request is a development standards variance for accessory structure location that's outlined in the Floyd County Zoning | 00:40:59 | |
| Ordinance, Section 5.0400, Item I. | 00:41:04 | |
| In the zoning district is rural residential. So going into the overview. | 00:41:09 | |
| The applicant is requesting a development standards variance for the placement of an accessory structure in front of the primary | 00:41:12 | |
| structure in an RR district. | 00:41:15 | |
| The subject property, the 4.02 acre lot, assessed to be a private drive to maintain the Walsh Rd. | 00:41:19 | |
| The proposed accessory structure, which is a bar, will be 32 feet by 32 feet for a total. | 00:41:24 | |
| 2032 square feet will be used for storage and personal use. | 00:41:29 | |
| Primary structures located about 300 feet from the right of way in the proposed accessory structure will be located 4545 feet | 00:41:33 | |
| northeast. | 00:41:37 | |
| From the primary structure. | 00:41:41 | |
| The property has vegetated screening from the right of way in. The residence itself is not visible from the right away. The barn | 00:41:42 | |
| will be located along the driveway. | 00:41:46 | |
| The residents across from the subject property at 1480 Walsh Rd. has an accessory structure placed in front of the primary | 00:41:49 | |
| structure and the area of the subject property is located in is relatively remote. | 00:41:54 | |
| The residence is around 2200 square feet, so the barn will be subordinate to the home. It'll be comprised of metal on the | 00:42:00 | |
| exterior. | 00:42:03 | |
| Section 5.04. Accessory use slash structure standards. | 00:42:07 | |
| Itemized States Accessory structures shall be located to the rear or side of the primary structure. | 00:42:12 | |
| Unless otherwise permitted in this ordinance. | 00:42:17 | |
| Accessory structures used for barns and private garages may be. | 00:42:19 | |
| Allowed in front of the primary structure in a district. | 00:42:22 | |
| 5 acres or greater. | 00:42:25 | |
| Orange and private garages shall meet front set back requirements for primary structures. | 00:42:27 | |
| Primary structures. | 00:42:32 | |
| Being located in a parcel with an assistant legal. | 00:42:33 | |
| Conforming accessory structure structures may be located the rear of the existing legal legal conforming accessory structures. | 00:42:36 | |
| I wouldn't say they do the large size of the bar and there's nowhere else that he can place it, leaving them with no other option | 00:42:43 | |
| with the place in front of the residents. Septic lines are located to the western property. | 00:42:48 | |
| There is an adequate space behind the home. | 00:42:52 | |
| And there's a pond that locates to the southeast of the property. | 00:42:54 | |
| As well as the slope leading to the pond east of the property per heading. | 00:42:57 | |
| Prohibiting it from being placed directly into the east of the residence. | 00:43:00 | |
| Adjacent property. The surrounding properties are all. | 00:43:04 | |
| Are all also zoned rural residential? Single family residents occupy the property to the northeast. | 00:43:07 | |
| In South and West. | 00:43:11 | |
| Going in staff comments or? | 00:43:14 | |
| Approval will not mean juries to the public health, safety, morals and general welfare of the community. | 00:43:16 | |
| The placement of the barn in front of the home poses no threat to the public that the barn will also have no. | 00:43:21 | |
| Effect on access to the residents for emergency services. The Floyd County Health Department has indicated no issues with | 00:43:25 | |
| proposals interference. | 00:43:29 | |
| What the site's septic system? | 00:43:32 | |
| #2 The usage value of the area adjacent the property, including the variance, will not be affected in a substantially adverse | 00:43:35 | |
| manner. | 00:43:38 | |
| The use and value of adjacent properties will not be affected by the placement of the barn in front of the residence as the | 00:43:41 | |
| property is already screened from view of the right of way. | 00:43:44 | |
| The home will not be obscured by the property by the proposed accessory structure. | 00:43:48 | |
| The barn may also increase the value of the residents and in turn, other residences in the area and #3 the strict application of | 00:43:53 | |
| the terms of the zoning warrants will result in practical difficulties in the use of the property. | 00:43:58 | |
| The Floyd County. | 00:44:04 | |
| Zoning ordinance prohibits placement of an accessory structure in front of a primary structure while they use the property as a | 00:44:05 | |
| single family dwelling unit will not be hindered. | 00:44:08 | |
| There's no other feasible location that the applicant can place the barn and this will in turn limit the applicants ability. | 00:44:12 | |
| To fully utilize a fairly large lot located in a remote area for a single family and dwelling unit. | 00:44:17 | |
| And for the variance does not involve a structure that is near an airstrip and regulated under Indiana Code 8-201-10 as there's an | 00:44:23 | |
| order stripping vicinity and the staff recommendations are maintained vegetative screening. | 00:44:29 | |
| Of the structure from the right of way. | 00:44:35 | |
| OK. Any questions for Ray? | 00:44:37 | |
| No. All right. Thank you, Rick. | 00:44:40 | |
| Is the applicant or their representative here? | 00:44:45 | |
| Please come forward, state your name and address for the record. | 00:44:48 | |
| Dallas carnage. | 00:44:51 | |
| 1481 Walls plane. | 00:44:52 | |
| Patricia Carnes. | 00:44:55 | |
| You state your address too, please. | 00:44:57 | |
| Waltz Rd. Thank you. | 00:45:00 | |
| Anything else you would like to share with the board that we haven't already heard much covered it? | 00:45:02 | |
| Basically the building as he stated. | 00:45:07 | |
| With the label on the slow. | 00:45:11 | |
| And the septic having to be put to the right side of our house. | 00:45:13 | |
| This is the only place we could put it. | 00:45:17 | |
| And it's at a 45. | 00:45:19 | |
| Basically. | 00:45:22 | |
| If we we can't go anymore this way because of the slope. | 00:45:23 | |
| Because there's a pond right underneath this and we're at the very top of a hill and it's very wood. | 00:45:27 | |
| Got it. Any questions? | 00:45:34 | |
| We have pictures of the lot and pictures from the road, so you can see that there are. | 00:45:36 | |
| A lot of trees, a lot of vegetation, You really wouldn't be able to see it from the road. | 00:45:42 | |
| We're not going to takedown any of this if anything else will happen. | 00:45:46 | |
| OK. Any other questions or comments from the board? | 00:45:50 | |
| The applicant what's the wall height going to be for the barn versus the house? | 00:45:54 | |
| And the inside is going to be 12 footers run out of 10 by 10 door. | 00:45:58 | |
| Overhead door. This is going to be a garage. | 00:46:04 | |
| So what's the wall height on the? | 00:46:08 | |
| Is it gonna be taller walls in the house? | 00:46:09 | |
| I don't know. | 00:46:12 | |
| I Matt, couldn't be here. | 00:46:13 | |
| Due to prior commitment. | 00:46:15 | |
| So I don't really know that. I know that this inside has to be 12 foot with foot with a 10 by 10. | 00:46:17 | |
| Door and everything. All the doors, windows are going to match what's on the House. | 00:46:24 | |
| OK. And then is it going to be the same grade? | 00:46:32 | |
| Is the house. | 00:46:34 | |
| Garage entrance or is it going to be a little lower through the slope, a little bit lower due to slope that we have? | 00:46:36 | |
| OK. That's what I got. That's a good question. Because Eve height I think maximum 18 foot you can't go over. | 00:46:45 | |
| 18 without a variance, you're not going to be hiring. | 00:46:50 | |
| Yeah, OK. Any other questions? | 00:46:55 | |
| Thank you folks. | 00:47:00 | |
| Thank you. | 00:47:01 | |
| Moving on to our agenda, is there anyone here this evening? | 00:47:05 | |
| That would like to come forward and speak in favor of this request. | 00:47:08 | |
| Seeing none, is there anyone who would like to come forward and speak in opposition? | 00:47:13 | |
| Seeing none, we will move to the ballot phase. Do we have a ballot? | 00:47:19 | |
| I have one pocket FC O8-205-19. | 00:47:24 | |
| After careful review, the board finds that approval of the variance will not be interest to the public health safety. | 00:47:29 | |
| Morals and general welfare of the community because the placement of the barn in front of the home poses no threat to the public. | 00:47:35 | |
| Barn will also. | 00:47:41 | |
| Not if the barn will also have no effect. | 00:47:43 | |
| On access to the residents. | 00:47:47 | |
| For emergency services, the Floyd County Health Department has indicated no issues with the proposed interference. | 00:47:49 | |
| With the site septic system. | 00:47:55 | |
| #2 the use and value of the area adjacent of the property. | 00:47:57 | |
| Included in the variance will not be effective substantial adverse manner. | 00:48:00 | |
| Because the property is already screened from view. | 00:48:04 | |
| Of the right away, the barn may also increase the value. | 00:48:07 | |
| Of the residents and in turn of the residents in the area. | 00:48:10 | |
| #3 the strict application of terms of zoning ordinance. | 00:48:14 | |
| Robert result. | 00:48:17 | |
| Impractical difficulties and use of the property because the Floyd County Zoning Garden is prohibits the placement. | 00:48:18 | |
| Of an accessory structure in front of a primary structure. | 00:48:24 | |
| There is no other feasible location. | 00:48:27 | |
| The applicant can place the barn. | 00:48:30 | |
| And this will in turn limit the app. | 00:48:32 | |
| Applicants ability to fully utilize. | 00:48:35 | |
| A fairly large lot located in a remote area. | 00:48:38 | |
| For a single family dwelling unit. | 00:48:41 | |
| #4 The variance does not involve a structure that is near an airstrip and regulated under Indiana code. | 00:48:43 | |
| The Board of Zoning Appeal hereby grants the petitioner variance at the meeting held on the 8th of September, 2025. | 00:48:51 | |
| Approval by the Board. Substitute the completion of the following condition. Applicant is required to maintain vegetation | 00:48:57 | |
| screening. | 00:49:00 | |
| Or the structure from the right away. | 00:49:03 | |
| That completes my ballot. | 00:49:06 | |
| OK, we have the ballot. Do we have a second? | 00:49:07 | |
| I'll second. | 00:49:09 | |
| OK, we have multiple seconds, that's good. We got thirds and fourths, we do that's that's good. | 00:49:11 | |
| Any other questions or comments about the ballot as presented? | 00:49:18 | |
| Seeing none, all those in favor signify by saying aye aye. | 00:49:21 | |
| Any opposed like sign? | 00:49:24 | |
| Motion is approved. | 00:49:26 | |
| Congratulations. | 00:49:28 | |
| OK, moving along this evening. | 00:49:30 | |
| I think our final item of new business this evening is FC-082520, another development standards variance. | 00:49:35 | |
| Ray is going to once again come and give the board. | 00:49:44 | |
| The staff report. | 00:49:47 | |
| The petitioner is Gary Rivers. In the second location is 779 in a line lane. | 00:49:51 | |
| Georgetown, IN zip code 47122. | 00:49:56 | |
| The request is the relevant standards variance for minimum lot area that's outlined in the right. | 00:50:00 | |
| Somebody's motion, they can't hear you. | 00:50:05 | |
| Can you? | 00:50:07 | |
| Yeah, yeah, you gotta raise the mic up my help. Just raise the mic. | 00:50:08 | |
| There you go. Thanks. | 00:50:11 | |
| That's outlined in the Floyd County zoning ordinance. Under Section 4.14, the zoning district is rural residential. | 00:50:13 | |
| So a little bit of overview. The applicant is requesting a development standards variance for the minimum lot size requirement in | 00:50:19 | |
| order to create one additional lot. | 00:50:22 | |
| Upon subdivision, both appearing tracked and a newly created track will contain less than the required 0.84 acres Which? | 00:50:26 | |
| It's 37,000 square feet for property zone. | 00:50:33 | |
| Rural residential. | 00:50:36 | |
| The current lot is .92 acres which is 440 thousand and 75 square feet and has a single family dwelling located on it. | 00:50:38 | |
| The post split will result in the parent track being .41 acres. | 00:50:45 | |
| Or 17,859 square feet. | 00:50:49 | |
| And the new track being .37 acres or 16,000 in. | 00:50:52 | |
| 117 square feet. | 00:50:56 | |
| There's the existing home will be on the larger lot. | 00:50:58 | |
| The new track will have 111 feet of frontage on Get On Lane and will be located at the corner of Yelling Lane and Judy Lane. | 00:51:01 | |
| The applicant has indicated that they plan on building an additional residence on the new lot. | 00:51:08 | |
| Or on the new track. | 00:51:12 | |
| Lots are not located in the platted subdivision. | 00:51:13 | |
| Surrounding properties are all single family dwelling units, also zoned RR. The lot sizes that abut the property range in size | 00:51:16 | |
| from .33 acres or 14,000. | 00:51:20 | |
| They're entertaining 4 square feet to a point. | 00:51:25 | |
| 46 acres or 20,000? | 00:51:27 | |
| And 37 square feet. | 00:51:29 | |
| Other. | 00:51:31 | |
| On or along Sherry Drive and Judy Lane. | 00:51:33 | |
| Range from 14,374 square feet or .33 acres to 43,124 square feet or .99 acres. | 00:51:35 | |
| 13 of the lots in the vicinity are less than point fives. | 00:51:43 | |
| .50 acres and the 17 lots in the vicinity. | 00:51:47 | |
| Do not meet the minimum. | 00:51:50 | |
| .84 acre requirements for zoning district RR. | 00:51:52 | |
| So moving along into the staff comments. | 00:51:55 | |
| The approval will not be injurious to the public health, safety, morals and general welfare of the community. | 00:51:57 | |
| Proposed lots are sufficient or appropriate infrastructure. A similar sized lots in the area have residences on them. | 00:52:03 | |
| And the Floyd County Health Department has indicated no issues with the on site sewage system. | 00:52:08 | |
| Resulting from the split of the laws. | 00:52:12 | |
| #2 The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse | 00:52:15 | |
| manner. | 00:52:18 | |
| While smaller than the standard, the proposed lot size are consistent with others in the area and be more manageable for the | 00:52:22 | |
| current owner to maintain. | 00:52:25 | |
| Furthermore, the character of the quest is consistent with the surrounding area. | 00:52:28 | |
| As our assistant residents is constructing on similarly sized lots in the vicinity. | 00:52:32 | |
| The number 3, the street application of the terms of the zoning ordinance will not result in practical difficulties in the use of | 00:52:36 | |
| the property. | 00:52:39 | |
| These are the lot as a single family residents will remain the same and may continue in its use of other proposed split and | 00:52:43 | |
| further development of the lot will be hindered by the Floyd County Zoning Ordinance. Acreage requirement for zoning district RR. | 00:52:48 | |
| And #4 The variance does not involve a structure that is near an airstrip as regulated under Indiana Code 8-201-10. | 00:52:53 | |
| As there is no airstrip in vicinity, staff recommendations provide a report or survey that reflects the requested split | 00:53:02 | |
| dimensions. | 00:53:05 | |
| Any other questions or any questions? | 00:53:13 | |
| Right after the split, which is going to be the official front. | 00:53:15 | |
| Of the line. | 00:53:19 | |
| The front, so it's going to be the frontage is going to be along, I believe Judy Lang. | 00:53:19 | |
| Which is. | 00:53:25 | |
| Immediately to the. | 00:53:26 | |
| East of the. | 00:53:29 | |
| OK. So that'll be the front of the setbacks and everything, OK. | 00:53:30 | |
| Any other questions? | 00:53:34 | |
| Thanks, Rick. | 00:53:36 | |
| Did did you have one guy? | 00:53:38 | |
| No, just that. | 00:53:40 | |
| #3. | 00:53:41 | |
| That he said it will not result. | 00:53:43 | |
| Impractical difficulties. | 00:53:46 | |
| So it's not really a recommendation for, but then. | 00:53:48 | |
| He goes down me just that. | 00:53:51 | |
| Further development of the lot would be hindered. | 00:53:53 | |
| By the ordinance. So that can go either way. I think he left that open for us. | 00:53:56 | |
| So I just wanted to. | 00:54:01 | |
| State that that. | 00:54:03 | |
| On his when he read this, that's what he read. OK. | 00:54:04 | |
| Thank you. Thanks for clarifying. | 00:54:08 | |
| OK, Is the applicant or a representative of the applicant here? | 00:54:11 | |
| Please come forward, state your name and address for the record. | 00:54:14 | |
| It's a personal address or this address. | 00:54:18 | |
| Your personal address. Your personal Gary. | 00:54:21 | |
| Riperton, 371 Morris Ave. | 00:54:23 | |
| Some cord. | 00:54:27 | |
| OK. Thank you. Mr. Riperton, Anything else you'd like to share with the board this evening while you're here? | 00:54:28 | |
| I think I have. | 00:54:33 | |
| Anything additional? I'm curious if you might have some questions. I don't. | 00:54:35 | |
| I guess I will say. | 00:54:40 | |
| Like I'm looking, I'm not sure what you all see, but I'm seeing a map if you look at. | 00:54:42 | |
| That whole area. | 00:54:47 | |
| I assume it's a subdivision, but. | 00:54:49 | |
| It's the only it's like a double lot. So if I if I the projected line that I have here, when I look at it now, it just looks like | 00:54:51 | |
| every every lot in the area. | 00:54:55 | |
| So. | 00:55:00 | |
| In its similar size, I think he said that so it's just. | 00:55:01 | |
| I'll split this in half. I've still got the same size as most of. | 00:55:04 | |
| The houses are lots. | 00:55:07 | |
| Surrounding it so. | 00:55:09 | |
| Gotcha. Any other questions? So are you going to build a house? Is that your intention? | 00:55:11 | |
| I know that's what. | 00:55:16 | |
| That's what he just said. We don't know. The idea is to be able to build a house. Horse sells a lot and. | 00:55:17 | |
| Full disclosure. | 00:55:23 | |
| We bought this house. We've got a lot of issues with it that we're going through, including we just got a a permit for we're | 00:55:25 | |
| starting septic, something it wasn't. | 00:55:30 | |
| Planned and we've we've dug it up and I don't know what they put there, but it was nothing to admit today's standards. So we're | 00:55:36 | |
| getting a lot of additional costs and things. | 00:55:40 | |
| Incurred so that would give us the ability to. | 00:55:45 | |
| To sell that or build. | 00:55:49 | |
| On it my intentions are is to put a house on it. | 00:55:50 | |
| I'm not going to commit and tell you that's exactly what we're doing. | 00:55:53 | |
| So you're on septic upper? | 00:55:55 | |
| So everybody around you is on septic, is that correct? | 00:55:59 | |
| Oh, OK. | 00:56:03 | |
| Where is the septic located? Is it behind the house? Then I take it it's behind the house and you don't think you'll have a | 00:56:04 | |
| problem with your current septic where you need to locate it on that other property? | 00:56:09 | |
| I know there. | 00:56:15 | |
| I know the area real well so. | 00:56:15 | |
| You know, and apparently they've all been working, but I don't know. | 00:56:18 | |
| I've had the the testing done already. I've had somebody come in and do the soil test and on both lots or not on the additional | 00:56:20 | |
| line, I would still do that. Obviously I'm taking a risk. | 00:56:26 | |
| Splitting it and not been able to put a house on it eventually. So that would be my next step. I just, I hated to put the money in | 00:56:32 | |
| to that until I knew whether we could split it off so. | 00:56:36 | |
| But you're fine on the one where the house is right now. | 00:56:40 | |
| Fine. And it's been approved. It's been yes, we've OK. | 00:56:43 | |
| Yeah, I've got a. | 00:56:48 | |
| Yeah, we're ready. We're ready to go with I've turned it over my septic guy so and there's had all the testing done and he's got | 00:56:49 | |
| everything back. So so yeah, it is. | 00:56:54 | |
| That was one of my concerns. | 00:57:00 | |
| Huh, interesting. | 00:57:04 | |
| That's cool. | 00:57:05 | |
| Other questions for the I'm just. | 00:57:07 | |
| My only comment is. | 00:57:10 | |
| If we approve this. | 00:57:14 | |
| Verification of where the existing septic is and where. | 00:57:16 | |
| Septic for the new ones going to go. | 00:57:20 | |
| That all have to. | 00:57:24 | |
| Fit in with where the property line is going to be to split these two lots so. | 00:57:25 | |
| I think. | 00:57:29 | |
| Getting an additional. | 00:57:30 | |
| Information submitted to staff. | 00:57:32 | |
| To verify that there's adequate space for septic on both lights and. | 00:57:35 | |
| A house and so forth. | 00:57:40 | |
| I think we can. I think we could approve it. | 00:57:42 | |
| But I believe I would subject to. | 00:57:45 | |
| Staff. | 00:57:47 | |
| Getting additional sketches of where things are going to be. | 00:57:48 | |
| Right. Usually we have a sketch at least where that one is, but we don't have, there's no sketches here. And it's because at that | 00:57:52 | |
| time I I doubt if it went into the health, that's what the health department says, they have no records. | 00:57:57 | |
| And it's an old subdivision. | 00:58:02 | |
| So I'm gonna. | 00:58:05 | |
| My ballot would say subject to. | 00:58:05 | |
| Staff approval after seeing where all the septic and stuff is. | 00:58:08 | |
| So so so has this been. | 00:58:13 | |
| Surveyed I mean, no it hasn't there says subject to appears it's it's proposed. | 00:58:15 | |
| Property line, right? | 00:58:20 | |
| Yeah, OK. | 00:58:21 | |
| There's a fence there now, you can tell, right? Yeah. That, that. | 00:58:24 | |
| So that's what you've drawn. That fence represents this line. | 00:58:28 | |
| Yes, OK. | 00:58:32 | |
| But but he says it will be surveyed. It hasn't been something. I think if you were looking to put a condition on there, you could | 00:58:33 | |
| put something that the new lot. | 00:58:38 | |
| Would need the approval of the health department for adequate. | 00:58:43 | |
| Septics or somet. | 00:58:47 | |
| Other questions for the applicant. | 00:58:52 | |
| I don't think so. | 00:58:56 | |
| OK. Thank you. | 00:58:59 | |
| Given the. | 00:59:02 | |
| We've already had the they come in and. | 00:59:04 | |
| They've approved the septic. | 00:59:06 | |
| And it's and it's all, all the stakes and everything, all the markers that are there are within. | 00:59:08 | |
| They're on that side of the fence, that fence that I was telling you. So I think that's already been taken care of that. Are you | 00:59:12 | |
| asking whoever? | 00:59:16 | |
| Would it spill over with the septic need to spill over into the other lot? Is that? Yeah, I just don't. I just don't want your | 00:59:19 | |
| septic to end up on your new life and that's all I'm. | 00:59:24 | |
| Cautioning people. So I would make sure that I think that's already taken care of, but if that's a stipulation and. | 00:59:29 | |
| How would have been taken care of if the health department didn't know where it was at? I don't. I guess I don't understand what | 00:59:34 | |
| you mean. The new because we're putting in a new set. | 00:59:39 | |
| What we're talking about is the existing. | 00:59:43 | |
| We're more concerned about the existing being on. | 00:59:45 | |
| The other side of that fence? | 00:59:49 | |
| That's I'm probably going in several that the existing septic right now we're going to replace it. | 00:59:50 | |
| And oh. | 00:59:57 | |
| That's in the house you're living that that you're remodeling. Yes, I'm going to replace it. And they've already got, they've | 00:59:58 | |
| already come out and staked them off and done the testing. You know who's going to do that? | 01:00:02 | |
| What? What septic installer? | 01:00:07 | |
| There's only a few. | 01:00:10 | |
| JK Shekels. And he is. He is approved, Yeah, right. Yeah. Our Knesset name, yes. | 01:00:11 | |
| Well, that, that helps us out a little bit. At least we know that we yeah, we don't have to worry about the existing being on the | 01:00:18 | |
| proposed. | 01:00:21 | |
| Thank you. | 01:00:25 | |
| Thank you. | 01:00:27 | |
| OK. We've heard from the staff and the applicant. Is there anyone else here this evening that would like to come forward to speak | 01:00:28 | |
| in favor? | 01:00:31 | |
| Of this request. | 01:00:34 | |
| Seeing none, is there anyone who would like to come forward in opposition to this request? | 01:00:38 | |
| Please come forward, state your name and address for the record. | 01:00:44 | |
| Singer Clinton. | 01:00:50 | |
| I'm sorry, say that if you don't mind. Sandra Clifton, Thank you. 6083 Gordon Ridge Rd. | 01:00:52 | |
| The back of my farm is right beside where he's wanting to. | 01:00:58 | |
| Built. I do know this for a fact. | 01:01:01 | |
| That lot. | 01:01:05 | |
| Floods when it rains. | 01:01:06 | |
| That means that septic tanks get sucked. | 01:01:09 | |
| They're not appropriate. | 01:01:12 | |
| Sewer drainage. | 01:01:14 | |
| Going across the road. | 01:01:16 | |
| Stronger to let all that water. | 01:01:18 | |
| And it will get that DE. | 01:01:21 | |
| And I'm just now getting my roof repaired from all the storm damage we just had. | 01:01:23 | |
| And this is not a good. | 01:01:30 | |
| Area. | 01:01:31 | |
| So are you, are you saying that it floods every time? It rains almost every time? | 01:01:33 | |
| Thank the neighbors, it's right back here behind me. Can tell you the same thing. | 01:01:38 | |
| It all pools down there from Woodbridge. | 01:01:42 | |
| Subdivision they build. | 01:01:46 | |
| Everything flows over from that ditch. | 01:01:48 | |
| It comes down the road and comes right down that end and it has nowhere to go, but that's where it does go. | 01:01:50 | |
| So let me ask you a question. Does it, does it, does the county have a sign? | 01:01:56 | |
| Up there, high water danger high water because if it floods every time. | 01:02:01 | |
| There would I would almost think that the county. | 01:02:05 | |
| They don't. | 01:02:07 | |
| Wow. And here's the other thing to talk to somebody about that this Creek runs down the side of the road and. | 01:02:08 | |
| All the trash. | 01:02:15 | |
| People had it clogged that up on the other side of Judy Lane. | 01:02:17 | |
| That water comes down and goes across Carton Ridge Rd. which I have. | 01:02:24 | |
| Have cattle, they drink out of this and it ends. This overflows. | 01:02:28 | |
| That means. | 01:02:33 | |
| That. | 01:02:34 | |
| My kettle will be drinking this water from septic system. | 01:02:36 | |
| There it is. | 01:02:44 | |
| Any questions? | 01:02:45 | |
| I think this should be looked over a lot better than before you allow this to be done. | 01:02:47 | |
| All right. Thank you, ma'am. | 01:02:52 | |
| Thank you. | 01:02:53 | |
| Is there anyone else here that would like to come forward and speak in opposition this evening? | 01:02:57 | |
| 779. | 01:03:03 | |
| Please state your name and address for the record Sir. | 01:03:09 | |
| Kenny Sprecher I live at 200 Sherry Drive. | 01:03:12 | |
| And it's right up the road. Georgetown area. | 01:03:17 | |
| I live in that area there. | 01:03:21 | |
| And he's. | 01:03:24 | |
| He said all the other locks are small. | 01:03:26 | |
| So he ought to be able to make this one small. | 01:03:28 | |
| Well, they were too small and they allowed allowed that to happen. | 01:03:31 | |
| All the lights, there are a lot of them are too small already. | 01:03:35 | |
| Should keep them that way. Is wrong. | 01:03:41 | |
| She's here. | 01:03:44 | |
| And I don't think. | 01:03:48 | |
| I don't think you should have. And she dragged plugs there. | 01:03:49 | |
| If I'm against it. | 01:03:53 | |
| Any questions? | 01:03:57 | |
| For Mr. Sprigler. | 01:03:58 | |
| Anything else, Mr. Springer? | 01:04:01 | |
| Thank you, Sir. Thanks for your comments. | 01:04:03 | |
| Is there anyone else would like to come forward and speak in opposition this evening? | 01:04:05 | |
| It's got to be here. | 01:04:10 | |
| Is that it? | 01:04:11 | |
| OK, seeing none. | 01:04:14 | |
| Mr. Riperton, would you like to come forward and speak? | 01:04:18 | |
| In response to these concerns. | 01:04:20 | |
| Sure. | 01:04:23 | |
| He says they're too small. I mean, obviously you can't do anything now, but. | 01:04:25 | |
| By what standards are they too small? I know they don't meet the standards of. | 01:04:30 | |
| I guess the the size of the lots. | 01:04:34 | |
| Moving forward, but I mean. | 01:04:37 | |
| Sir, you've already had your chance to speak. | 01:04:40 | |
| But they're there now, and I don't know, you know, I. | 01:04:45 | |
| The lady was was asking them I was talking about flooding I. | 01:04:50 | |
| Will you verify that too? Because I've had it now for a. | 01:04:53 | |
| We've had it's done nothing to rain for six months. There's been no flooding there. | 01:04:56 | |
| There's no signs like you said. | 01:05:00 | |
| So. | 01:05:02 | |
| I've never seen that. I've never lived there that maybe they have seen. | 01:05:04 | |
| You know. | 01:05:07 | |
| Something along those lines. | 01:05:08 | |
| Again, there's there's no, I don't think it. | 01:05:10 | |
| She said if it floods that high, then that whole neighborhood is going to flood. So I don't really see, you know, it's pretty, | 01:05:12 | |
| pretty flat in there. But again, the septics. | 01:05:18 | |
| If we go through and and get. | 01:05:23 | |
| The septic approved. | 01:05:26 | |
| And it meets all the standards then. Doesn't that take care of the issues with wearing about? | 01:05:27 | |
| What type of? | 01:05:33 | |
| Issues. | 01:05:34 | |
| With umm. | 01:05:36 | |
| You know, I'm worried about the the the septic. | 01:05:38 | |
| Leaching out or whatever, running, running, you know, across the ground or whatever. I mean, we're going to get, we're going to | 01:05:41 | |
| put in a new septic system, so. | 01:05:45 | |
| It would, it would meet all the standards or whatever. We wouldn't be able to put it in so. | 01:05:49 | |
| That's all I want to say on that so. | 01:05:53 | |
| Any other questions? | 01:05:55 | |
| For Mr. Riperton. | 01:05:56 | |
| No, I don't. | 01:05:58 | |
| Thank you, Mr. Rupert. | 01:06:02 | |
| OK, so we've heard from the staff. | 01:06:05 | |
| From the applicant, from those in favor of those in opposition, we will move to the ballot phase of our meeting. | 01:06:07 | |
| We. | 01:06:15 | |
| Hey, Cortana, play a picture that proves it closed, Yeah? | 01:06:16 | |
| I'm I'm sorry folks, we've already closed the public comment section of the meeting. | 01:06:19 | |
| Yeah, when? When you didn't come forward during the last chance to speak. | 01:06:24 | |
| Then we've closed that section of the meeting. | 01:06:29 | |
| You did, yes. | 01:06:33 | |
| Sorry, ma'am, we. | 01:06:37 | |
| We're gonna move on. | 01:06:38 | |
| Do we have a battle? | 01:06:40 | |
| In a minute. | 01:06:42 | |
| We're working on a ballot. | 01:06:43 | |
| Text Judy. | 01:06:59 | |
| Docket FC08-205-20. | 01:07:22 | |
| After careful reviewed the. | 01:07:26 | |
| The board finds that approval the variance will not be interest to the public health, safety, morals and general welfare of the | 01:07:27 | |
| community because the proposed lots. | 01:07:31 | |
| Are sufficient for appropriate infrastructure. | 01:07:35 | |
| As summer sized lots in the area have residents on them. | 01:07:39 | |
| And the Floyd County Health Department has indicated no issue with the on site sewage system resulting. | 01:07:43 | |
| From the split of. | 01:07:48 | |
| Tracks into two lights. | 01:07:49 | |
| Of the track into two lots #2 the use and the value of the area adjacent to the property included in the variance. | 01:07:52 | |
| Will not be affected in substantial adverse manner because, while smaller than the standard, the proposed lot sizes are consistent | 01:07:58 | |
| with others in the area. | 01:08:02 | |
| Furthermore, there are existing residents construction on summer sized lots in the vicinity. | 01:08:07 | |
| #3 the strict application, the terms of the zoning ordinance. | 01:08:12 | |
| Will result in practice with difficulty use the property because the use of the lot. | 01:08:16 | |
| As a single family residence. | 01:08:20 | |
| Will remain the same and may continue in its use, but the proposed split and further development of the light will be. | 01:08:22 | |
| Hindered by the Floyd County zoning ordinance. | 01:08:27 | |
| Hatred requirement. | 01:08:30 | |
| For zoning districts, RR. | 01:08:31 | |
| #4 The variance does not involve a structure that is near an airstrip and regulated under Indiana code. | 01:08:35 | |
| The Board zoning appears hereby GRANTS the petitioner variance at the meeting held on the 8th of September, 2025. | 01:08:42 | |
| Approval by the Board is subject to completion of the following conditions. | 01:08:48 | |
| Locate the existing septic system and show on a drawing with the existing home. | 01:08:52 | |
| Also show the proposed new home. | 01:08:56 | |
| And location of the proposed septic system and the proposed new light lines. | 01:08:59 | |
| After staff verifies that the requirements for the two homes can be met, submit. | 01:09:03 | |
| And record the new plat. | 01:09:07 | |
| That reflects the split of the current property into two tracks. | 01:09:09 | |
| Get Floyd County Health Department approval for the septic system. | 01:09:13 | |
| For the new. | 01:09:16 | |
| Meet with the county engineers. | 01:09:18 | |
| Our and our storm water to verify and address the potential flooding of the area. | 01:09:20 | |
| That completes my ballot. | 01:09:27 | |
| OK, we have a ballot. Do we have a second? | 01:09:29 | |
| I'll second. | 01:09:34 | |
| With the ballot seconded by Mr. Heitkamp. Or any other questions or comments regarding this battle? | 01:09:35 | |
| Do we need to put some? | 01:09:42 | |
| Where are the splits? | 01:09:44 | |
| I mean I. | 01:09:46 | |
| Are we just approving it splitting into two or are we splitting? | 01:09:47 | |
| And roughly the same dimensions that. | 01:09:49 | |
| Are on the ballot, I'm saying roughly the same dimensions as about as. | 01:09:51 | |
| Shown now because. | 01:09:55 | |
| He's telling me that. | 01:09:58 | |
| The existing system is. | 01:09:59 | |
| Inside that fence where the property line is shown, so I'm assuming it's not going to change. | 01:10:02 | |
| It shouldn't change with the septic being a new one's going in so I have to I guess I agree with that too. | 01:10:07 | |
| OK, that makes sense. | 01:10:12 | |
| Why just don't make sure all of a sudden now it's split? | 01:10:13 | |
| 2575 I think no reason that would change. The only reason I saw that change was if the septic was in conflict. | 01:10:16 | |
| I don't see anything that would be in conflict. Do you break? | 01:10:23 | |
| OK, OK. | 01:10:25 | |
| Any other questions or comments about the ballot is presented. | 01:10:29 | |
| OK. | 01:10:33 | |
| So we've valid in a second. | 01:10:35 | |
| All those in favor signify by saying aye. | 01:10:36 | |
| Aye, any opposed like sign? | 01:10:39 | |
| Motion passes. | 01:10:41 | |
| Thank you. | 01:10:42 | |
| OK, looking at our agenda this evening. | 01:10:44 | |
| I do not see any other business on the agenda. Is there anything else to come before the board this evening? | 01:10:47 | |
| Seeing none, I would entertain a motion to adjourn. | 01:10:53 | |
| So second. | 01:10:56 | |
| Second motion a second. All those in favor signify by saying aye aye. | 01:10:58 | |
| And we are adjourned. | 01:11:02 |