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Event transcript
It is where it is. We can't do nothing. 00:00:01
She's bad this month. 00:00:03
What's going on, my man? 00:00:06
I'm here, so it is. Good morning, Sir. Make sure I'm in the right spot. 00:00:10
Oh. 00:00:19
When it comes to kids. 00:00:26
I don't know, maybe. 00:00:33
Another girl. Of course I say that now when you're a teenager. 00:00:37
Every day. 00:00:56
Sydney Translation. 00:01:29
Scan, that computer says. Interesting. 00:01:56
Good evening, everybody. I would like to welcome all of you this evening. 00:02:12
To tonight's Floyd County Board of Funding, it is. 00:02:16
Monday evening, December 8th. 00:02:20
And we're going to get our meeting started tonight with roll call. 00:02:22
Here. 00:02:26
Here. 00:02:27
Here here. 00:02:28
Here we do have a full board, which means we have a quorum, so we'll move right into minutes. 00:02:31
Minutes of our last meeting were distributed in advance. I assume that everyone had a chance to review those. 00:02:36
And I would entertain any comments, questions or additions to those if not. 00:02:42
We will need a motion to approve. 00:02:48
I'll make a motion to approve. 00:02:50
We have a motion to have a second. 00:02:51
Second motion and a second. All those in favor signify by saying aye. 00:02:53
Any opposed like sign the minutes pass. 00:02:58
We do not have any old business to review this evening, but we'll get right into our new. 00:03:02
Business so agenda item 1 is FC-09-205-21. 00:03:07
A development standards variance and I believe that. 00:03:12
Ray is going to come and. 00:03:15
Give us the staff report. 00:03:17
Good evening. 00:03:19
The petitioners. Phillip Puckett. 00:03:21
The location is 3010 Ridgewood Dr. 00:03:23
Portsmouth, Indiana. Horses, Illinois. 00:03:26
The request is the accessory structure location. 00:03:29
In the zoning district, residential, suburban. 00:03:32
So I'm gonna go right into the overview. The applicant is requesting A variance to allow 24 foot. 00:03:35
By 24 foot. 00:03:40
For a total of 576. 00:03:42
Excuse me, just a moment. 00:03:45
Just for clarity, if you don't mind. 00:03:46
If assuming. 00:03:50
Mr. Puckett is OK with this. We have two items for Mr. Puckett. 00:03:52
And. 00:03:57
Because they're two separate items, I'd like to propose that we listen, that we present them as one. 00:03:58
But vote on the mesh too. 00:04:04
Or, I'm sorry, did. 00:04:07
We present everything and we vote on them separately. 00:04:08
That way we're a little more efficient than having to walk over both staff reports. Yes, but if we can ask Mr. Puckett. 00:04:12
For to make sure he's OK with that please. OK here are UK with us doing that for. 00:04:19
OK. Thank you, Mr. Puckett. 00:04:25
Carry on right now. 00:04:28
Yeah, 576. 00:04:31
Square foot shed remain in front of the. 00:04:33
Primary structure. 00:04:35
Which is not permitted by the Floyd County Zoning ordinance per Section 50. 00:04:37
5.04 accessory use. 00:04:41
Structure standards. 00:04:44
The applicant had placed the shed on the property prior to obtaining the building permit from the building development office. 00:04:45
Staff was notified of the violations following an investigation by Code Enforcement Officer Albert North. 00:04:51
A Notice of Violation was issued on August 11th, 2025. 00:04:56
The applicant subsequently met the staff and was informed that he would need to submit a Development Standards Variance 00:05:00
application. 00:05:03
If you wanted to request to keep the non compliance structured. 00:05:06
In its current location. 00:05:09
The applicant states that there is no other feasible location you can place the structure as he. 00:05:11
Has indicated that alternative placement options are limited due to septic lines located behind the residents. 00:05:15
Insufficient space on the West side of the property is the terrain on the east side. 00:05:20
Staff found that although the West side of the property may not have adequate space for the structure, it appears there there may 00:05:25
be adequate space behind the residence. 00:05:29
And directly east from their residence. 00:05:33
Where the structure can be placed that will not interfere with septic ones. 00:05:35
Staff calculated the slope east of the lot directly adjacent to the residents and determined that the slopes range from 00:05:39
approximately 6. 00:05:43
To 17% in some areas with a flatter area. 00:05:46
Behind the existing Evergreen tree measuring 6.8%. 00:05:49
These slopes do not meet the Floyd County Zoning Ordinance definition of a steep slope, which requires a grade of 20% or greater. 00:05:54
Over any 100 foot segment prior to cut and fill. 00:06:00
The location behind the Evergreen tree would also meet Floyd County Health Department standards. 00:06:04
Has no separation distance from the pipe to the shed would be required. 00:06:08
Additionally, Floyd County Health Department staff confirmed that the site approval could be modified. 00:06:11
To accommodate the compliance shed location east of the residence. 00:06:16
On Monday 12/1/2025. 00:06:20
The applicant submitted a recording deed which users verifies that he bought a portion of the property belonging to his neighbor. 00:06:22
Located directly South of his residence at 3010 or sorry 3015. 00:06:28
Ridgewood Dr. where the shed is currently placed. 00:06:32
So section 5.04 Accessory. 00:06:36
Use slash structure standards. 00:06:39
Item I states accessory structures shall be located to the rear. 00:06:42
Her side of the primary structure unless otherwise permitted in this ordinance. 00:06:46
Accessory structures used for barns and private garages may be allowed. 00:06:50
In front of the primary structure. 00:06:53
An AR district with five acres of greater. 00:06:55
Barns and private garages. 00:06:58
Shall meet friends set back requirements for primary structures. 00:07:00
Primary structures being located on a parcel with an existing legal. 00:07:03
The existing legal conforming accessory structure. 00:07:08
Or structures maybe looking to the rear of the existing legal. 00:07:11
Conforming accessory structures. 00:07:14
So going into the staff comments. 00:07:18
So. 00:07:20
Number one. 00:07:21
The approval will not be injurious. 00:07:22
To the public health, safety, morals and general welfare of the community. 00:07:25
The structures place me in front of. The primary structure does not interfere with. 00:07:29
Emergency access to the home or surrounding properties or. 00:07:32
All utilities remain fully accessible in other. 00:07:36
Unobstructed and no risk is posed to neighboring properties. The list location. 00:07:38
In front of the residents. 00:07:43
#2. 00:07:45
The use and value of the area adjacent to the property, including the variance, will be affected in a substantially adverse 00:07:46
manner. 00:07:49
While the use of the adjacent property. 00:07:52
May not be affected, value may be. 00:07:54
Under section 5.04. 00:07:56
The Floyd County zoning ordinance discourages placing accessory structures in front of primary structures. 00:07:58
Particularly on smaller lots. 00:08:03
As such. 00:08:05
Placement is inconsistent with the intent of the Rs zoning district. 00:08:06
Locating the structure in front of the residence. 00:08:10
Negatively affecting neighboring property values. 00:08:13
By deviating from this. 00:08:15
Districts. Intended aesthetic. 00:08:17
Although the home is located at the corner of the subdivision. 00:08:18
Or it's obscured from the majority of residences with the exception of the neighboring property. 00:08:22
Located at 3015 Richwood Drive. 00:08:26
When the applicant indicates sold him a piece of the property for placement of the structure. 00:08:29
#3. 00:08:34
District application of the terms of the zoning forms. 00:08:35
Will not result in practical difficulties in the use of the property. 00:08:37
The use of the property as a single family residence would not be petered without the structure. 00:08:41
Additionally. 00:08:45
All of that appreciates there's no other feasible location for the structure. It does seem that the structure could be placed 00:08:46
elsewhere on the lot. 00:08:49
That is compliant. 00:08:52
#4. 00:08:54
The variance does not involve a structure. 00:08:55
As near an airstrip and regulated under Indiana code. 00:08:57
8-201-10 as there is not an interesting. 00:09:00
Staff Recommendations. 00:09:05
Neither crisis. All criteria required for approval can be met. Allow the applicant 30 days to remove the structure and bring the 00:09:07
lock into compliance. If not completed within this time frame, fines are to approve from the date of now. 00:09:13
I want to move directly onto the. 00:09:20
Next staff report. 00:09:23
FC-09-205-22. 00:09:25
The request is also for accessory structure location. 00:09:29
So. 00:09:32
Going back into the overview. 00:09:33
The applicant is requesting. 00:09:35
The variance to allow 24 foot by 24 foot shed total 576 square feet. 00:09:37
To remain in the acquired 8 foot side yard ship at required for zoning district. 00:09:43
Residential suburban as stipulated in section 4.9. 00:09:46
Residential suburban district development standards. 00:09:51
In the fluorescence. 00:09:53
The happening to place the shed on the property prior to obtaining a building permit for the building and. 00:09:55
Development Office staff was notified of violation of following investigation by Public Enforcement Officer Robert North. 00:09:59
Notice The violation was issued on August 11, 2025. 00:10:05
Applicants have secretly met the staff. 00:10:07
As informed that you need to submit a development Standards variance application. They go on and keep. 00:10:09
And a compliant structure in its current location. 00:10:13
Adam states that there's no other feasible location he can place the structure as he. 00:10:16
Indicated that alternative placement options are eliminated due to septic lines located behind the residence insufficient space. 00:10:20
On the West side of the property instead terrain on the east side. 00:10:26
Staff found all over the West side of the property Main. I have adequate space for the structure. It appears that there may be 00:10:29
that space behind the residence. 00:10:32
And directly. These are the residents where the structure can be placed. I'll not interfere with septic lines. 00:10:36
Attach a letter from me. 00:10:41
County Health Department was a. 00:10:43
Included in the application. 00:10:44
Staff calculated the slope east of the lot, directly adjacent the residents and. 00:10:46
Determined that the slopes range from approximately 6 to 17% smares. 00:10:51
With a flatter area beyond the existing Evergreen tree measuring 6.8%. 00:10:55
These slopes do not beat the Floyd County zoning ordinance definition of a steep slope, which requires a grading 20% or greater. 00:11:00
Or any 100 foot? 00:11:05
Segment prior to cutting field. 00:11:07
Location on every tree would also meet Floyd County Health. 00:11:09
Health department standards There's no separation distance from the Pike. 00:11:12
To the shed would be required Additionally, Floyd County Health department staff for. 00:11:15
That the sign approval could be modified to accommodate compliance shed. 00:11:19
Location east of the residents. 00:11:22
On Monday 12/1/2025, applicants submitted in court of need. 00:11:24
Which users verifies that you bought a portion of the property belonging to his neighbor located during the South of his res? 00:11:28
3015. 00:11:34
Virtual drive where the shed is currently placed. 00:11:35
Section 5104. Accessory use slash structure standards. 00:11:39
Item D. 00:11:43
No accessory structures. 00:11:44
She'll be placed in any required set back. 00:11:46
They're going to the staff conference. 00:11:48
This pocket item. 00:11:50
Number one, the approval will be adjourned to the public health safety models and general welfare. 00:11:53
Unity structure does not comply with the fire resistance requirement of the Indiana Residential Code because the structure is 00:11:57
located within 5 feet. 00:12:01
The side yard does not meet the minimum fire separation distance. 00:12:05
It would therefore require fire resistance construction. 00:12:08
Staff, can I verify compliance with section R302? 00:12:11
Of the Indiana Residential Code, which stipulates this because. 00:12:16
The applicant did not submit a building permit for the structure and thus its current placement may pose a fire risk to the 00:12:20
adjacent property. 00:12:23
#2 the use value of the area, just the property including the variance will be affected in a substantially adverse manner. 00:12:26
Structure is not aligned with the intent. 00:12:32
Providing a uniform standard. 00:12:34
Aesthetic for residences in the Arizona District has stipulated. 00:12:37
Floyd County zoning ordinance. 00:12:41
The structures placement is inconsistent with the visual character of the neighborhood and also the tracks from the appearance of 00:12:43
the home. 00:12:46
Visually, the structure appears to be located on a proper property, which creates a confusing and incompatible aesthetic that 00:12:50
trades from the surrounding residential area, which may in turn diminish property values in the neighborhood. 00:12:55
Although. 00:13:00
The log is located in an obscure corner of the subdivision where there's not significant through travel. 00:13:01
#3 the strict application in terms of his own lunch will not result in practical difficulties to the use of the property. 00:13:06
The use of the property as a single family residence. 00:13:13
Would not be hindered without the structure Additionally, although the applicant states that there is not. 00:13:15
Another feasible. 00:13:21
Location of the structure. It does seem that the structure could be placed elsewhere on the line that is compliant. 00:13:22
#4 The variance does not involve a structure that is near an airstrip and regulated under Indiana Code A-1. 00:13:27
Dash 10 is there's not an airstrip in the vicinity. 00:13:33
Staff Recommendations. 00:13:36
And neither questions. 00:13:37
Required for who can't be met. Allowed after 30 days to remove the structure and bring the law into points if not completed within 00:13:39
its time frame, finds our crew. 00:13:43
The date of the night. 00:13:48
Resolve. 00:13:49
OK. Does the board have any questions for Ray? 00:13:51
Thank you, Rick. 00:13:55
OK, we've heard from the staff now. 00:13:59
Is the applicant or their representative here? Would you like to come forward and speak to the board, Mr. Bucket? 00:14:01
So please state your name and address for the record when you get to the mic. 00:14:08
My name is Philip Puckett. I live at 3010 Ridgewood Dr. Floyd's Knobs, Indiana 47119. 00:14:11
OK. Mr. Puckett, is there anything you would like to add? 00:14:19
Green It's not already covered. 00:14:22
OK, a couple of things I heard. 00:14:23
One, I apologize for not getting initially the building permit. I was not under the understanding the size requirement I thought 00:14:25
it had to have. 00:14:29
Electric water and on concrete to require that for a shed so that's. 00:14:33
That's on me. I didn't know that. 00:14:38
I heard Ray mentioned that it could be placed on the east side of the property. 00:14:41
I disagree with that because I have 7 drain lines right there. 00:14:46
Three of them coming from the gutters on the House. 00:14:50
Three of them coming from. 00:14:53
The week though, I have a. 00:14:55
3 foot. 00:14:57
A wall retaining wall on that side. 00:14:58
And then there's also a drain from the driveway. 00:15:02
So that side is all the drainage from the house also. 00:15:05
From the South side of the house, Running N is all of the drainage off of the road down A very steep. 00:15:09
I don't know if you measured that way, but I'm sure it's over 20%. 00:15:15
That steepness. 00:15:21
So really I don't feel it can be placed there with all these drain lines and it ends up at a Creek down there that rises when the. 00:15:23
It does rain. 00:15:29
So I feel like that. 00:15:30
I cannot place it there. 00:15:33
Without it just being wet, all wet and accessibility to it. 00:15:35
Also as far as accessibility to it. 00:15:39
I use it as a said slash garage. 00:15:42
Motorcycle stuff in there, I would not be able to get it out and down that steep hill. 00:15:45
Right now it's. 00:15:50
The shed is placed at the end of the driveway. 00:15:50
So it is accessible for me. 00:15:54
As far as the placement of it. 00:15:56
Most of it is on my property. 00:15:58
I did negotiate with my neighbor. 00:16:00
Doug and his wife Patty. 00:16:05
And, umm. 00:16:07
A part of the shed, maybe 5 foot. 00:16:08
From one corner to about 1 foot at the front corner. So it's not a very big deed. If you look at the deed, I forgot the size, 200, 00:16:10
some 212 feet I think. 00:16:15
Is on his proper. 00:16:19
He did agree to that in good faith. 00:16:21
Paying $500 back in February, the ship was placed. 00:16:23
I'm trying to remember approximately late March, April. 00:16:27
He was there to supervise the placement of the shed. 00:16:31
So were placed on his property so he was aware of this. 00:16:34
I have paid for two. 00:16:37
Surveys on the property at his request. 00:16:39
The first request. 00:16:42
We had agreed to draw a straight line. He he did the beginning point, but he was not there for the ending point. He had a meeting. 00:16:44
He shook my hand four times, so he agreed to everything. 00:16:51
And then all of a sudden he said, no, I don't. I don't want there. I want a second survey. So I paid for a second survey. 00:16:55
To come out. 00:17:02
Doug was out there for the entire survey. The placement of the pins was at his discretion. 00:17:04
As far as the I heard the aesthetics mentioned. 00:17:09
I paid extra for this **** to have 10 inch overhang so it looks more like a garage. 00:17:13
Or a a structure versus a shed. 00:17:18
I also have it. 00:17:21
Two toned so that it matches my house. 00:17:22
A blue and a cream color. Those are the colors of my shingles and the color of my house. So I did everything I could to make this 00:17:25
look as much like the property. 00:17:29
Also if you look at the placement of the shed. 00:17:33
Excuse me right now. 00:17:36
It is in line with all the sheds. 00:17:38
Down the street, my my property sits sideways to everybody else. Everybody else faces east, West. 00:17:41
I face north. 00:17:48
So the placement of my shed, if you go there is a straight line all down the road. 00:17:49
I look at those sheds now. I do look at my ****. 00:17:56
But it makes it accessible. 00:17:59
Like I said, if I even if I was to park my truck in there. 00:18:01
I could get to it if it was. 00:18:05
Down on the east side I would not have access to it getting up that CPU and like I said, the drain lines really make it. 00:18:07
Improbable set it there. 00:18:13
It's wet there all the time. It's the ground is always weeping through there. 00:18:15
The other thing I heard mentioned was a small lot size. 00:18:20
I own approximately 7 1/2 acres. 00:18:24
I back up to Mount Saint Francis. 00:18:27
A lot of people use my property as cut through to go through to get to the past, which we don't mind. 00:18:30
So the backside of my property is more like a park. 00:18:36
It backs up to the light on one fit my property backs up to the light on 150. 00:18:40
Where the Friars are. 00:18:44
That's the back end of my property. 00:18:47
I own 5 hillsides. 00:18:49
That really. 00:18:52
Aren't accessible. 00:18:53
And the one spot that he mentioned was successful is got drain lines on. 00:18:55
And it constantly weeps through there. 00:18:58
Any questions? 00:19:04
No other questions from the board. So on the survey that we've been provided that little bitty sliver. 00:19:09
Is what you purchased from? Yes, it's very small sliver and and that was made. 00:19:14
My understanding in good faith. 00:19:20
I have since gone through 4 agreements with him. 00:19:22
Every time in his favor, I've paid his lawyer fees, my lawyer fees, deed fees. 00:19:25
Survey fees. 00:19:31
At his, at his pleasure. 00:19:34
I guess and I've I've still I've tried to make this feasible all the way around so. 00:19:36
And really, his property is pretty much the only one that could even see. 00:19:40
The way the property is situated, so. 00:19:45
I always thought that that was made in good faith. When he sold me the property, I placed it there. 00:19:48
He helped me with the placement. He helped me with the pen set up for the. 00:19:53
The lines to be drawn so. 00:19:58
I thought everything would be good. 00:20:02
Now, did you say this building is still on the other? 00:20:04
Gentleman's property, yes, I have a deed for it's setting about 5 foot on his property. 00:20:07
Or you said uniform. 00:20:12
Ma'am, hold on. I'm sorry. The building is sitting primarily on my property. 00:20:16
But the way the the property line goes, it's kind of at a slight angle. 00:20:20
So the angle cuts through the shed I. 00:20:24
It's about 1 foot on the front corner of my shed is on his property and about four to five foot. 00:20:27
On the left side of ****. 00:20:32
So it's actually sitting across. 00:20:33
Across the property line and we made he made the lines to where it was 1 foot around the shed so he. 00:20:36
So that I'm 1 foot around the shed and then the rest is here. 00:20:42
So the first one was drawn straight across. 00:20:45
And he ended up in the pine needles. There's a Patsy pine trees there if you see the pictures. 00:20:48
So the deed you just got though is now putting the shed onto what you will now own. 00:20:53
Yes, I now own that one. Yes. 00:20:57
The deed. I own the deed. 00:20:59
The shed is on something I own now, but it wasn't prior. That's what I I'm sorry. I paid for it prior to the placement. 00:21:01
And make the agreements prior to the placement. 00:21:10
So you had that sliver of property that's now in your name prior to placing the shed there? 00:21:13
I'm sorry, repeat the question. You had the deed that he provided to you with that sliver. 00:21:19
Now places it onto your first OK. 00:21:24
It's taken some time. He's kind of slow walk this. He's been out of town a lot during the summer. He leaves for a month at a time, 00:21:27
comes home for a couple of days. So it's been a. 00:21:31
Been a slow process on getting this done, getting a deep, but I do have the deep. 00:21:35
Or you all have the beat. I believe in your possession. 00:21:40
This shed, now it's on runners, correct? It is. 00:21:43
Not on concrete or anything like that. It's miserable. 00:21:49
Any other questions for Mr. Puckett? 00:21:54
Do you have a survey of the drainage lines that are on the east? 00:21:57
Into your house. 00:22:01
A survey. 00:22:03
Actual location of where those you have a sketch or anything that shows all your drain lines. 00:22:06
They're really kind of hard to see because they just stick out of the ground for a little bit. 00:22:11
But but they're asking. They're asking if you have a drawing. 00:22:15
Or something. I believe the drawing I presented you all I believe it showed. 00:22:19
Drainage lines I can't remember because I submitted that sometimes and the drawings that I see. 00:22:23
Yeah, I thought that was septic lines. No, those are drainage lines. 00:22:29
From the house, the the gutters, the retaining wall and the driveway. 00:22:34
And there are, there's seven of them. 00:22:39
That's something from the health department. 00:22:42
Six of them I can see, the 7th 1 I can't see what comes out at. 00:22:44
It's my driveway. I can't see where that one comes out at, but the other ones? 00:22:48
I can see. 00:22:52
Do you have? 00:22:54
Do you have something that shows us those long? 00:22:55
Yeah, that's what I thought. OK. 00:23:02
OK. Any other questions for Mr. Butler? 00:23:04
Thank you, Mr. Poken. 00:23:09
OK. So we've heard from staff, we've heard from the applicant. We are now going to go into public commentary. We're going to begin 00:23:11
with. 00:23:14
Anyone who is here this evening that would like to speak in favor? 00:23:17
Of this application. 00:23:21
Feel free to come forward. State your name and address for the record please. 00:23:23
I'm Phillips wife Kelly puppet. 00:23:29
3010 Ridgewood, China Floyd Knobs. 00:23:32
When you all said that it. 00:23:36
Would it could lower people's property value? Since it is sitting right next to his shed, I don't see how it could lower his 00:23:39
property value. 00:23:43
I was just wanting to make that point. 00:23:49
So I don't, I don't see. 00:23:55
Why? You know why there's any? 00:23:57
Problem with it? Why he's disagreeing with it? 00:24:00
I mean, he sold us the property in good faith. 00:24:03
And then he. 00:24:05
Goes to you guys and says he doesn't want it there. 00:24:08
I mean we've. 00:24:11
And before he left town this last time. 00:24:13
We had to take him a check to pay his lawyer fees. 00:24:17
And he told my husband that. 00:24:20
He and Patty are fine with where it is, they just want it over with. 00:24:24
So and then they don't show up tonight. 00:24:28
To say that or to fight their case? 00:24:31
So I wanted to make that you all aware of both of those. 00:24:35
Sure. Thank you. 00:24:38
Is there anyone else would like to come forward? 00:24:42
Come forward, ma'am. 00:24:44
State your name and address for the record. 00:24:46
My name is Terry Horton and I live at 3102 Richwood Court. 00:24:49
It's about. 00:24:54
Three houses. 00:24:56
Around the corner from where? 00:24:57
The packets left. 00:24:59
I walked the neighborhood a lot. 00:25:01
And I walk. 00:25:03
Down where? 00:25:04
Is is the mic still there? It is. 00:25:07
And it's the house is unique. 00:25:10
It's a beautiful place. It's on 7 acres. 00:25:13
And it does sit differently than everyone else. They've got a circular driveway. 00:25:16
And it's really a beautiful place, the shed does. 00:25:22
Match the house quite well. 00:25:26
And I don't. 00:25:28
Really see how that could. 00:25:30
Deter or make someone else's property. 00:25:32
Not as valuable. 00:25:36
And it's beautiful. 00:25:37
Is that it? 00:25:41
Thank you ma'am. We appreciate your input. 00:25:42
Is there anyone else here this evening would like to come forward and speak in favor? 00:25:46
Of this request. 00:25:49
Good evening. Please state your name and address for the record. 00:25:57
Good evening. I'm Albert Diac. 00:25:59
I live at. 00:26:02
2010 route live. 00:26:03
With my in-laws, Kelly and Philip Pocket. 00:26:05
And I. 00:26:07
Give me favor of the shade because. 00:26:09
Like Mr. Puckett. 00:26:12
Mentioned at the time. At the moment, we're looking at every biopsy. 00:26:13
Backyard thought Yard. 00:26:17
So I don't see why we can't look at our own ****. 00:26:20
When it's the flattest area in the property and everything else goes. 00:26:23
Down here, like they mentioned, power. 00:26:28
And. 00:26:30
I don't see. 00:26:31
Why the? 00:26:32
Properly owner that we bought. 00:26:35
Or Mr. Puckett purchased the Lewis liver. 00:26:37
Or or have not spoken up at the time when the delivery of the shell was there. 00:26:40
And they agreed on everything. 00:26:47
And never mentioned anything to us, hey. 00:26:49
We don't like it here, we don't want it here and now all of a sudden. 00:26:53
Six months later they decided, or seven months later they decided, oh, we don't want to get anymore. 00:26:57
It just doesn't make sense. 00:27:02
To I don't know. 00:27:04
Themselves don't stand up. 00:27:07
And explain the feelings and opinions on what needs to be taken care of. 00:27:09
If they would have said before we invested all this money in. 00:27:13
Double survey and different things. 00:27:16
To put the share where it is. 00:27:19
They would have come to an agreement before anything of this nature would have come up with. 00:27:22
So I don't see why. 00:27:27
Like Mr. Puckett. 00:27:30
Mentioned earlier. 00:27:32
The shed it's not. 00:27:33
Allowed or why it's not OK where it is? 00:27:36
Thank you. 00:27:42
Samantha Diak. 00:27:48
I live at 3010 Ridgewood Dr. 00:27:50
With my parents. 00:27:52
We live in a multi generational home we have. 00:27:54
Seven people total in that home. We help take care of them. 00:27:58
They help with the kids. We have three kids there as well. 00:28:02
So with that comes a lot of scooters and bikes and. 00:28:06
Cars and, you know, just stuff to to. 00:28:11
To be able to you know, for all of us to live together in that home. So I really feel that shed really helps to. 00:28:15
Uh, hide all of those, those toys and all of that stuff where it's not. 00:28:23
My thought was if it was not there. 00:28:31
And we instead had all of those bikes and all of those things in the driveway. 00:28:33
That would then make. 00:28:38
The the neighbors property value look more. 00:28:39
Go down more because it would look it would just look like a mess. 00:28:42
The whole reason we did this is to try to keep it clean, keep it nice and keep everything organized with such a large family 00:28:46
living in that home. 00:28:49
Thank you. 00:28:53
Thank you. 00:28:54
Is there anyone else that would like to come forward and speak this evening? 00:28:57
Seeing none, we'll close that section of the meeting and we'll move into those who may be here in opposition to this request. 00:29:02
Is there anyone here that would like to come forward and speak in opposition? 00:29:09
Seeing none. 00:29:15
We'll close that section. 00:29:16
And I I don't see neither. 00:29:18
Bring the petitioner back unless the board has any other questions. 00:29:20
Seeing none, do we have a ballot? 00:29:25
I got a question for Ray before we move on. 00:29:28
OK in this on the 2nd. 00:29:32
In the 25 days too. 00:29:34
You had #1 The structure does not comply with the power resistant requirements. 00:29:37
Yes, that's based on Indiana residential code. Has to be. 00:29:45
Further than 5 feet if we, so we. 00:29:50
There was, we didn't have an opportunity to inspect it because no. 00:29:52
The building permit was submitted. 00:29:57
So we are just looking at is if it's not fire, it doesn't have. 00:29:58
Pharmacist rate. So if it has viruses rate for zero it has to be more. 00:30:01
5 feet or greater. 00:30:05
From the. 00:30:07
Uh, set back. 00:30:08
Now when he bought the property, it still did not satisfy the five foot. 00:30:10
It's not 5 foot from where the. 00:30:17
Where the new line is, yeah. 00:30:20
OK, that's what. 00:30:21
Was a little confusing. OK, Thank you. All right. I've got a question for Ray. 00:30:24
Because this is on. 00:30:29
Cul-de-sac and the way it's oriented. 00:30:30
How is front of the house side of the house? Is that defined? 00:30:33
Right, so we looked at from. 00:30:37
From the So that's the way the ordinance has stated from the right away up until the. 00:30:39
Basically the build line. 00:30:44
So it's since it's oriented and. 00:30:46
On way we actually. 00:30:48
Look at me and Nick and. 00:30:50
Who determined that is actually in the side yard just because? 00:30:52
It's not hard to explain here, but it's it's in the side yard. 00:30:55
The front yard is defined by the. 00:31:04
Front build line of the structure. The primary structure. 00:31:06
To the. 00:31:11
Right away, so the structure parallel. 00:31:11
To that, so it's the front corner of the primary home. 00:31:14
To the right of way, which in this case. 00:31:18
It's a little different because it was. 00:31:21
Would they? It appears that there was a vacated section of the roadway, so it kind of dead ends in the corner. 00:31:24
So if you go parallel, it is technically the the structure is in the front yard. 00:31:30
In the side of the front yard. So it's in a side yard set back in the front yard. 00:31:36
OK. 00:31:42
Any other questions? 00:31:46
Do we have a ballot? 00:31:49
That I do. 00:31:57
All righty. 00:32:00
Docket FC-09-205-21. Petitioner. 00:32:03
OK. 00:32:08
After careful. 00:32:10
Review the board finds that. 00:32:12
Approval the variance. 00:32:14
Will not be injurious to the public health, safety, morals and general welfare of the community because the structure placement. 00:32:16
In front of the primary instruction does not even free with emergency access to the home or surrounding properties. All utilities. 00:32:23
Remain. 00:32:29
Full accessible and unstructured. 00:32:31
And no risk is posed to the neighboring properties due to. 00:32:33
Its location in the front of the residence. 00:32:37
Item number 2. 00:32:40
The use and value of the area adjacent to the property, including a variance, will be affected. 00:32:42
In a substantial adversary. 00:32:48
Matter because. 00:32:50
While the use of the adjacent property may not be affected. 00:32:51
The value. 00:32:55
May be under section. 00:32:56
5.0. 00:32:59
For the Floyd County zoning ordinance discourages placing accessory structures. 00:33:01
In front of a primary structure. 00:33:06
Particular on smaller. 00:33:09
As such, placement is inconsistent. 00:33:11
With the intent of the Rs zoning district. 00:33:14
Locating the structure in front. 00:33:17
Of the residents may. 00:33:20
Negligence effect. 00:33:21
The neighboring property values but. 00:33:23
Deviating from the district's. 00:33:26
Intended aesthetics. 00:33:28
Although the home is. 00:33:30
Located at the. 00:33:32
Corner at the corner subdivision where it is obscured. 00:33:33
From. 00:33:37
The majority of the residents, with the exception of the neighboring property located. 00:33:38
At 3015 Ridgewood Dr. 00:33:43
Whom the advocate? 00:33:45
Indicates so him a piece of his property for the placement structure. 00:33:47
#3 the strict application of the terms of the Zoryards will not result in. 00:33:53
Practical difficulties in the use of the property because. 00:33:59
The use of the property as a single family residence would not be impeded without the structure. 00:34:03
Additionally, although the applicant states. 00:34:09
That there is no. 00:34:12
Other feasible location of structure. It does seem that the structure could be placed elsewhere on the lot. 00:34:13
That is, that is compliant. 00:34:19
The variance #4. 00:34:22
The variance does not involve a structure. 00:34:24
That is near the airstrip. 00:34:26
That is near in airstrip and regulated under code. 00:34:29
Indiana Code 8-201-10. 00:34:32
There as there there is not an airstrip in the vicinity. 00:34:35
The board. 00:34:45
Of zoning period. 00:34:46
Appeals hereby denies. 00:34:47
The Petitioner. 00:34:49
Variance. 00:34:52
At the meeting held on the eighth day. 00:34:55
Of December 2025, which is consistent with staff recommendation. 00:34:57
OK, we have a ballot. Do we have a second? 00:35:04
I'll second that. 00:35:07
With a ballot and a second, any other questions? 00:35:09
From the board seeing none, all those. Hold on a second. Yeah. 00:35:12
About the same recommendation from staff is to allow 30 days for removal. 00:35:17
That probably should be included in here. 00:35:21
Yes, that's part of ours. 00:35:24
If you want, yeah. If you want a timeline, then included in there as. 00:35:27
The condition. 00:35:31
That way, staff can include that in the budget. 00:35:33
30 days to. 00:35:36
Right, but it doesn't go, it goes under. 00:35:37
Under conditions. 00:35:40
In which conditions approval by the board is subject to the but we're not approval. 00:35:42
Correct, but just as a note in there so that staff knows when they send out their letter. 00:35:47
Of denial, OK. 00:35:52
I'll just say. 00:35:58
I'm just going to say remove shed. 00:36:00
I'm going to say remove structure within 30 days. 00:36:09
Or make compliant OK. 00:36:15
If they may complain, they have to come back and. 00:36:20
They have to get a PERT, they still have to get a permit because. 00:36:23
So, I mean, I'll can they do that in 30 days, Nick? 00:36:26
Right, OK. 00:36:29
Roof structure and make compliant. 00:36:32
Within 30 minutes. 00:36:35
All right. 00:36:47
Once again, it says approval by the Board of Secretary of the conditions filing conditions. 00:36:50
Remove structure or make compliant within 30 days. 00:36:54
So your recommendation is to decline? 00:36:58
Reached on that right was that that was correct Yes and you can also strike their approval if you would like to probably feel 00:37:01
better then. 00:37:04
OK, so now we have. 00:37:09
A ballot and a motion. 00:37:11
And 2nd and a second. All those in favor signify by saying aye aye. 00:37:13
Aye, any opposed like sign? 00:37:17
That motion passes. 00:37:19
OK, we. 00:37:21
We need to vote on the 2nd. 00:37:22
Agenda item which is FC-09. 00:37:25
Dash 25-22. 00:37:27
Do we have a ballot for? 00:37:30
That request. 00:37:32
I guess we're having gone. 00:37:35
Not unless he chooses to. You'll have a ballot. 00:37:38
Right. Yeah. 00:37:40
Sorry, so I'll ask the question, do we have a ballot for? 00:37:44
I do. 00:37:49
Thank you. I do. Excuse me. 00:37:50
All right. Docket FC-09-205-22, Phillip. 00:37:55
Pocket. After careful review, the board finds that number one. 00:38:00
The approval of the variance will be injurious to the public health safety morals. 00:38:05
And general welfare of the committee because the structure does not comply with. 00:38:10
Fire resistor requirements in the Indiana. 00:38:15
Residents code. 00:38:18
Because structures located within 5 feet of the side yard, it does not meet the minimum parcel. 00:38:20
Separation distance and would therefore require fire resistant construction. 00:38:25
Staff cannot verify compliance with section R302. 00:38:29
Of the Indiana. 00:38:34
Residential Code which stipulates this because applicant did not submit a building permit for the structure and thus his current 00:38:35
placement may pose a far risk to the adjacent property. 00:38:40
#2. 00:38:45
The use and value of the of. 00:38:47
The area adjacent to the property, including the variance, will be affected. 00:38:49
In a substantial adverse manner, the structure is not aligned. 00:38:53
With the intent. 00:38:57
Providing uniform standard. 00:38:59
Aesthetic or for the residents in the Rs district. 00:39:01
As stipulated in the Floyd County. 00:39:06
Zoning ordinance. 00:39:08
The structure placement is consistent with the. 00:39:09
Visual character of the neighborhood and I also attracts. 00:39:13
From the appearance of the home. 00:39:17
Visually, the structure appears to be located on the neighboring property, which creates a confusing. 00:39:19
And incompatibility. 00:39:24
Battle Bill aesthetics that astrays. 00:39:25
From the surrounding residential area. 00:39:28
Which may in turn diminish property values in the neighborhood. 00:39:30
Although the lot is located in an obscure corner of the subdivision where there is not significant. 00:39:34
Through traffic. 00:39:39
#3 the strict application. 00:39:40
Of the terms of the zoning ordinance will not result. 00:39:43
In practical difficulties to the use of the. 00:39:46
Of the property because. 00:39:49
The use of the property as a single family resident would not be hindered without. 00:39:50
The structure additionally, although. 00:39:54
The. 00:39:57
States that there is no. 00:40:00
Other feasible location for the structure it does seem. 00:40:02
That the structure could be placed elsewhere. 00:40:05
It is compliant. 00:40:08
The variance does not involve a structure near an airstrip regulating code. 00:40:09
Indiana code 8-201-10 There is not an airstrip in the vicinity. 00:40:14
Yeah, I'm going to write it the same way. 00:40:21
The Board of Zoning. 00:40:25
Appeals hereby denies the petitioners variance. 00:40:27
On the meeting held on the eighth day of December. 00:40:30
2025, which is in conjunction with staff recommendation. 00:40:33
That's my old. 00:40:38
To be removed. 00:40:40
Yeah, structure. 00:40:42
By the Board is subject to the completion of the following conditions structure to be removed or made compliant within 30 days 00:41:10
that. 00:41:14
Completes my ballot. 00:41:17
OK, we have a ballot. Do we have a second? 00:41:20
I'll second it. 00:41:22
Ballot and a second. Any other comments? 00:41:23
Before we go all those in favor signify by saying aye. Any opposed like sign. 00:41:26
That motion passes as well. 00:41:31
Thank you folks for being here this evening. 00:41:33
I would suggest you work with Ray and Nick on on those issues. 00:41:41
Also, it's my understanding that Doug McDonald has friends on the board, or if anybody knows him, could they please honestly hold 00:41:46
their hand up? 00:41:50
I have no idea who that is. 00:41:55
All right, I was told that he had a friend. 00:42:00
Lots of folks have friends. I I don't have a clue who that. 00:42:05
Gentleman is. 00:42:08
Again, if you guys want to talk to Ray and. 00:42:11
Nick, they'll they'll give you all the answers that you need. 00:42:13
OK, moving on with our agenda this evening. 00:42:17
We have. 00:42:20
Another situation where we have multiple items related to the same. 00:42:22
Petitioner. 00:42:26
So. 00:42:27
Again in the. 00:42:29
In the interest of time. 00:42:30
Is Mr. Nardi. 00:42:32
Here. 00:42:33
So, Mr. Nardi, just simply yes or no? 00:42:34
Would you be OK with us? 00:42:37
Presenting everything similar to what we just did, and then we'll vote on them separately. 00:42:39
OK. Thank you. 00:42:43
So the next item on our agenda tonight is FC-11-25 Dash. 00:42:44
31 It's a development standard variance, and Ray is going to explain to us the Staffs. 00:42:49
Report umm. 00:42:55
OK, the petitioners rocking already the locations actually they can land on old and since and Floyd's knobs. 00:42:56
Zip code 47119. The request is a development standards variance. 00:43:02
For a minimum lot furniture that's outlined in Floyd County Zoning Warrants Section 4.19. 00:43:06
In the zoning district is residential suburban. 00:43:11
So I'm going to go into the overview. The applicant is requesting to allow 3 tracks. 00:43:14
To be assessed to be an existing access easement that does not meet the minimum Rd. furniture requirements of the Floyd County 00:43:18
Zoning Ordinance, Section 4.19. 00:43:22
Which entails residential suburban district. 00:43:26
Development standards and equal I'm sorry in the Floyd County zoning works requires minimum loft range of 80 feet within this 00:43:29
zoning district. 00:43:33
Because the locks do not. 00:43:37
The but a public, dedicated St. They must instead meet the financial requirements by maintaining a minimum width. 00:43:39
A50 feet along the entire length. 00:43:44
Of the. 00:43:46
Recorded private access easement. 00:43:48
And also have a private maintenance agreement in place. 00:43:50
The property currently gains access via pre-existing 30 foot ingress egress easement at 5287 Old Vinson Rd. which is stipulated in 00:43:52
the properties deed. 00:43:57
However, this access, sorry, this easement does not meet the minimum. 00:44:02
Road frontage requirements established by the ordinance. 00:44:05
The applicant cannot. 00:44:08
Increase the width of an easement as he does not own the property at 5287 Old Vincent Rd. 00:44:10
The applicant is proposed including the 9.5 acre vacant lot to 3 tracks. 00:44:15
Of the acreage of three-point 183.17. 00:44:20
3.1 acres to give to the children to develop in the future, but 2 tracks. Tracks 2 and 3 to be developed in the near future. 00:44:24
The applicant stated that the family members planning live on the 2 tracks consist of a family of three, including a child and 00:44:31
family of 2. The applicant also stated that he intends to. 00:44:36
Either poor gravel or the access drive or. 00:44:41
Pavement individually, Sir. 00:44:44
Adjacent properties directly to the West to single family residence zone Rs. 00:44:45
Which is owned by the applicant. To the north is another. 00:44:50
Artists own single family residence that provides access to the subject lot being existing easement. 00:44:53
To the east of the single family residence located within. 00:44:58
General commercial zoning industry. 00:45:01
To the southeast lies the. 00:45:02
Villa Villas of Floyd's Knobs subdivision, which is owned residential or. 00:45:04
I'm going to go into the staff comments. 00:45:09
Their approval will not be injurious to the public health, safety, morals and general welfare community. The existing 30 foot 00:45:11
access easement. 00:45:13
Is adequate to support emergency provisions. The Highlander Fire Department indicated they have no concerns regarding emergency 00:45:17
access. 00:45:20
But recommended that the Dr. includes stable gravel space and 8 foot apron and the travel width of 10 to 12 feet ensure proper. 00:45:23
Maneuverability. 00:45:30
Additionally, the lots that require access via the non. 00:45:31
Performing easement will meet the 50 foot easement requirement. Press currently only serve two additional single family homes, a 00:45:35
very low. 00:45:38
Density residential use consistent with surrounding. 00:45:42
In suburban residential patterns, the traffic they'll be generated. 00:45:45
But we minimal and does not create a hazard existing road race or the driving public. Additionally, there would be. 00:45:49
More than 300. 00:45:54
Foot of sight distance in either direction of the drive. 00:45:55
And the Floyd County Health Department has indicated no issues with the program. 00:45:58
Into the Houston value of the area adjacent to the property included in the variance will not be affected in a substantially 00:46:02
adverse manner. Those two homes that will. 00:46:06
Utilize the easement represent low density residential development that is consistent. 00:46:10
The established character of the surrounding area. The addition of two single family residences. 00:46:15
That will utilize the easement in the near future, will not generate significant traffic and therefore will not have substantial 00:46:19
impact on either value or use of the neighboring problems. 00:46:23
With the exception of additional use of the private access drive. 00:46:27
Additionally, the use of these incompatible land use and further development of the patient tracks Manhattan. 00:46:30
Enhance neighboring property office. 00:46:36
#3 The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. 00:46:39
The lots will not be able to be developed without a variance easement already exists. 00:46:43
It provides access to the traffic. 00:46:47
Restrict application lives out of the. 00:46:49
#4 the variance does not involve structure. 00:46:52
As near an airstrip and regulated under Indian Code 8-21. 00:46:55
Dash 10 as there's not an airstrip. 00:46:59
That one of the staff recommendations. 00:47:01
Record. 00:47:03
A use in maintenance agreement for the access easement ensuring law impacted property owners. 00:47:04
Are included as parties to the agreement. 00:47:08
Move trees and vegetation and obstruct sight distance, as approved by the county engineer. 00:47:11
If the applicant is to pour gravel or pave the access Rd. which you're an 8 foot apron. 00:47:15
For the evening. 00:47:19
Each the right away and provide a minimum tenants over with the driveway for Highlander fire. 00:47:20
That is all. 00:47:25
OK, right. 00:47:34
So we realized we got three separate tracks. 00:47:36
Same issue for all three tracks, that's correct. Same commentary for all three tracks, that's correct. 00:47:38
OK. 00:47:43
So, Miss Bosch, I'm going to defer to you. 00:47:45
Of course. So the staff report is the same for all three of them as I assume why they're all three combined, Correct, Correct. So 00:47:48
that's perfectly fine. The applicant agreed to hear all of them at the same time, but you will need to sub three separate ballots. 00:47:53
OK, I got 3 seconds. 00:47:57
OK, perfect. 00:48:02
OK. Any, any questions for Rick, I do. 00:48:04
In staff comments, item number one. 00:48:08
About halfway down, it says. 00:48:12
Their their request currently was served. 00:48:13
Only two additional lots explained a little bit to us what that means. Yeah, he stated in the near future that he is actually 00:48:17
planning on having those developed by his. 00:48:21
The his children that he's gifted to us with the first track. 00:48:25
Being, I think gifted to his daughter who's. 00:48:28
Think she's too young to really. 00:48:31
Do anything with it but currently as to. 00:48:34
Daughters who he only intends to develop two of them right now, but potentially in the future you could develop off. 00:48:37
Three. Well, yeah, the first tract is the only one that wouldn't be developed currently. 00:48:43
He's only going to build 2 initiatives in the near future of those. 00:48:47
2:00 and 3:00 will be. 00:48:51
Develop in the near future. 00:48:52
One may be developed, you know, somewhere down the line. 00:48:53
OK. 00:48:56
So try. 00:48:58
One track doesn't have. 00:48:59
It's not the current. 00:49:00
And then two more. It's 3 total. 00:49:02
It's free total, but there's two proposed developments for tracks two and three in the near future, with track 1 being developed. 00:49:05
I think she said that she, the the daughter that he's going to give that to is too young to really be able to do anything with it 00:49:11
currently, so. 00:49:15
So we have to deal with it as if three houses were to be, but they're all many access via that existing agent. So there's nothing 00:49:20
there now. 00:49:23
No, there's. There's nothing on any of. 00:49:27
OK, OK. 00:49:28
So so I guess. 00:49:33
Maybe I'm just a little slow tonight. 00:49:34
The request currently will only serve. 00:49:38
Two additional single family won't just request to all three. 00:49:40
Eventually Wolver served all three, but currently in the near future it's only going to serve tracks 2 and 3, so he can't. 00:49:44
He needs that access easement. 00:49:50
For all three, I think what he's and I not to be wording about, but I think what he's saying is as is is 9 acres, it would serve 00:49:52
one. 00:49:56
Single family residence and now we're asking for two additional, so you have 3 total. 00:50:00
Click. Thank you. You're welcome. I got it. 00:50:04
And that's the reason why we always are happy when this box is here. 00:50:08
Any other questions for Ray? 00:50:13
Seeing none. Thank you, Ray. 00:50:18
OK. Is the applicant, I know obviously you're here. Mr. Doherty, would you like come forward and speak to? 00:50:20
To us this evening. 00:50:26
If so, state your name and address for the record. 00:50:28
Thank you Rocky Nardi, 5281 Pruer Lane Floyd's Nomson Gander. 00:50:31
This is my surveyor, John Greenforth he's handing out. 00:50:35
The surveys with the. 00:50:39
With what we're what we're requesting. 00:50:42
You can see track 1. 00:50:44
All three tracks make up the 9 1/2 acres and it is landlocked. 00:50:46
The only access is that 30 foot easement. 00:50:50
Right off of open sins. 00:50:54
And like, like Ray said, my, you know, my oldest daughter would like to. 00:50:57
Her and her husband and my grandson, they want to build on track 2 next year. 00:51:02
You know, however long that takes, it takes a long time to get permits and all that. So I'm assuming it's going to be. 00:51:06
Nine months to 12 months. 00:51:11
My middle daughter gets married the end of next year and she'd like to build on track 3 and probably 2027. 00:51:13
And my youngest daughter is 12, so. 00:51:20
She's track 1 is not going to be developed. Hope she she's not happy that they're going to be driving through her. 00:51:22
Yeah, OK. 00:51:30
Any questions? 00:51:33
For Mr. Nardi at this point. 00:51:35
I guess I do have one question as far as. 00:51:38
The the the drainage distance is. 00:51:41
Right on that edge of that. 00:51:44
If you take the drainage ditch out of it, how much actual flat land do you have and how much the way it's surveyed? 00:51:46
There's a pin that's basically right in the middle of the drainage ditch, so we lose. 00:51:53
You lose a few feet maybe. 00:52:01
5 or 6 feet where the. 00:52:03
After it crosses under old Vincennes. 00:52:05
It cuts to the right and then back to the left and it snakes. 00:52:07
Well, it kind of goes right down the property line for the most part, but up close to the road there's a pin or ribbon I saw that 00:52:11
looked like it was in the center. Yeah, there, there are two. There's an existing culvert that someone put in there. 00:52:17
Time ago and that's basically. 00:52:23
Right over top of that, that small cold, OK. 00:52:25
All right. Thank you. 00:52:29
I saw where you've recently. 00:52:30
Graded or a road back into there or whatever. 00:52:32
That was the existing easement and gravel driveway that's been there for I just. 00:52:35
Cleaned it up a little bit. We've also been working on trying to get trash and debris out of the. 00:52:40
The Creek. So my question, my question is, are you going to raise that? 00:52:45
Up any are you going to live? Absolutely, I'm going to put fell down. 00:52:49
And rock and dense Grays so. 00:52:53
Like what? What that's leading to is that looks like the drainage. 00:52:56
Will it need to go across that? 00:53:02
That existing gravel road, do you need a pipe under there if necessary or whatever? I don't. I don't well. 00:53:04
How's the drainage going to get out of there if you raise the road up I guess is my question. Well, the road is. 00:53:11
The drainage is actually. 00:53:16
On one side of the road. 00:53:18
But then there's a second Creek. 00:53:20
That goes east West. 00:53:22
And it has a giant like a. 00:53:24
A 60 inch culvert that was already there that crosses the road, Yes, and and the road crosses that culvert. 00:53:26
And so. 00:53:33
Basically, that's the only place we cross. 00:53:34
The Creek that actually goes across old instance. 00:53:36
So I was just concerned about surface drainage off of. 00:53:41
The the track that you're coming across. 00:53:45
Sure. 00:53:48
I just don't want you trapping water on that gas when I'm getting right. But there's a second Creek that would capture anything 00:53:49
that would come off and then that would be across. 00:53:53
Where your where your property line is with track 1? Is there a Creek back there? Is that what you're singing? 00:53:57
Yes, there's two creeks, one that runs, there's one down this side. 00:54:01
Yeah. And then there's one that runs kind of parallel to old Benson's. It's. 00:54:05
It's about halfway up into track 1. 00:54:09
OK. But but we'll you know the the goal is to not affect any of the drainage. 00:54:13
That's all I was sorry. 00:54:18
Any other questions for Mr. Nardi? 00:54:23
Thank you, Sir. Appreciate it. 00:54:26
OK, so. 00:54:29
We've heard from staff, we've heard from the petitioner this evening. Is there anyone else here this evening would like to come 00:54:31
forward to speak in favor? 00:54:34
This request. 00:54:37
Please come forward and state your name and address for the record. 00:54:38
Hi, I'm Lindsey Sprinkle. I'm the person mentioned at 5287 Old Vincennes, the property that has the easement. 00:54:46
And you'll have to forgive me because I've never been to one of these before, but I think I would count as in favour in this case 00:54:54
because they have obviously a legal right to easement. I want them to be able to use it and enjoy it. 00:54:59
I think what I just have are a lot of questions around what it ultimately means and how common it really is the. 00:55:05
I purchased the house. 00:55:10
I've only been there for a year and a half, so like Mr. Already I'm kind of figuring out how all the land works together. 00:55:11
Umm, an easement for three houses is really different than what the easement initially was. I would prefer. 00:55:18
The variance be accepted because I don't want to have to deal with a 50 foot easement. I think that would be. 00:55:24
Just a massive burden on the property. I do have concerns with volume of traffic coming in and out for three properties but again 00:55:30
I want them to be able to use and enjoy their their space. 00:55:36
I wanted to ask. 00:55:42
With there's questions I think involving property value that obviously Ray spoke to, but. 00:55:46
My main question is if. 00:55:52
Well, I don't know if you can answer if I'm just speaking to you, but my main concern with property value is really just that 00:55:54
there is a lot of construction to work on the easement and maintain it. 00:55:59
I know they're obviously doing the best that they can, but the construction noise is intense. There's. 00:56:04
Leaving often and. 00:56:09
I think if I were to try to show the property at this point. 00:56:11
It would obviously be difficult to sell just purely from the construction happening on and right next to my property. I don't know 00:56:14
if ultimately any of this makes a difference, but given that part of this is about property value, I did just want to speak 00:56:19
because I think it's relevant. However, I think it would be an even bigger burden if it were a 50 foot easement. And so for that 00:56:24
reason, I think I count as in favor, but. 00:56:30
Ultimately just here to listen and kind of hear what's being proposed given that it's my property it's passing through to get 00:56:35
there, so. 00:56:39
I think that's all I have in my notes. 00:56:43
So one of the things. 00:56:48
Should this get approved? 00:56:50
Is we will have. 00:56:52
Him, you and him signed a road maintenance agreement. 00:56:53
And that way you can protect. 00:56:57
He makes sure he maintains it, takes care of it, keeps it neat. 00:57:00
That's all part of the road maintenance agreement to go across your property. 00:57:04
And yes. 00:57:08
When somebody's building something, you're going to have to just tolerate a little bit of noise. But most. 00:57:09
Construction six months to year and somebody's. 00:57:13
Done, you know? Well, it sounds like this will be for. 00:57:17
A decade? Well. 00:57:20
The roadway, but the roadway will only be a short period of time across your property. Sure. 00:57:22
And then there are, then he's on his property with the other work so. 00:57:28
That all makes sense to me. I did just want to ask too. I don't know what impact the drainage situation makes. 00:57:33
Maybe just for your awareness. 00:57:39
Significant There will be significant drainage problems at the entrance to where the easement is crossing the Creek. 00:57:41
You probably have already seen it where the debris is, but water pools significantly in that area. So there may have to be some 00:57:46
kind of a drainage solution. I think it's technically on your property, but. 00:57:51
So, but that is an issue. 00:57:55
But yeah, it's exciting to be here tonight and listen, say hi to everybody and that's all I have. 00:57:58
Thank you. 00:58:03
Is there anyone else here this evening that would like to come forward and speak in favor? 00:58:07
This request. 00:58:11
Seeing no one else. 00:58:15
We will close that section. 00:58:16
Open the floor to anyone who would be here in opposition to the request. 00:58:19
Please come forward, Sir, and state your name and address for the record. 00:58:24
Tim Fentress, property owner, 2740 N Luther Rd. 00:58:29
That 30 foot easement has been there. 00:58:34
For years and years and years. 00:58:37
We go by our zoning ordinances. 00:58:40
Am I correct? 00:58:44
Because I'm reading it right. 00:58:46
Two houses. Three houses. 00:58:48
30 foot easement will not take care. 00:58:50
You say you might listen. 00:58:53
Then those. 00:58:55
30 foot easement. 00:58:57
In new ordinances. 00:58:59
Will not take care of these three. 00:59:00
Building that's being applied for tonight. 00:59:03
That's your question. Ask my question. 00:59:07
You're you're not recording. 00:59:10
A exception from our ordinance because. 00:59:17
That he can't widen the easement because he. 00:59:21
It's on me. He doesn't own it. 00:59:23
So it seemed like that opens up Pandora's box for a lot of people up through Lafayette Township. 00:59:25
I know 4. 00:59:31
That are watching this. 00:59:33
They want to know what happens here. 00:59:34
You make an exception here. 00:59:36
My conception here. 00:59:38
That's why I'm opposed to it. 00:59:39
Many years ago, my dad was gonna buy that. 00:59:41
We all know what the property line was Top Hill. 00:59:44
And when he looked at it. 00:59:47
He could have bought it for $5000. 00:59:50
But it was mentioned Nan. 00:59:52
That it would be a great spot for one nice big home. 00:59:54
For a person to live in and enjoy his property. 01:00:00
Not with houses 10 feet on either side of. 01:00:03
It still holds true today. 01:00:06
But it's a lot more expensive. I can understand that. 01:00:08
But. 01:00:12
This is going to create a problem in the future I think. 01:00:13
Because these narrow easements and. 01:00:17
Places like this all over Floyd County. 01:00:20
The big tracks have been sold off these places. 01:00:23
Just like that the setting waiting. 01:00:26
To see. 01:00:28
What happens? 01:00:29
And this is one of them. 01:00:31
I got one other little thing I want to add. 01:00:34
It's a personal thing. 01:00:36
Spend a lot of time on that ground when I was a kid. 01:00:38
Shot and 1st deer up there. 01:00:41
Also habitat. 01:00:43
In this town. 01:00:45
The wildlife is Fairmont. 01:00:47
It's disappearing. I hate to see that go on. 01:00:49
But that's my person. 01:00:52
I'm asking if you. 01:00:54
To deny this request here. 01:00:55
Thank you. Thank you, Mr. Fentress. 01:00:57
Is there anyone else here this evening that would like to speak in opposition? 01:01:00
Please state your name and address for the record. 01:01:05
Good evening. Good evening. My name is Dennis Koopman. 01:01:08
I live in Florida. I'm representing my dad. 01:01:11
Who owns a 5151 old Vincent Rd. 01:01:13
And I know some history of that as well. I grew up there. 01:01:17
A little bit younger than Till. 01:01:21
The existing easement is nothing more than a field easement. 01:01:23
That piece of that piece of property was a pasture. 01:01:27
I know because my dad helped fence it. 01:01:30
So to say you're going to run three homes up a field. 01:01:33
I agree with Tim, that doesn't make any sense. 01:01:37
But my bigger issue and my concern is, has drainage really been looked at adequately? 01:01:40
And I'm not talking about the Creek that goes under. 01:01:46
Old Vince and Road. I'm talking about this. 01:01:49
Smaller brains that goes all the way to the top of the hill. 01:01:52
At the shop property. 01:01:55
And then down the hill to the to the four way stop. 01:01:57
That entire valley. 01:01:59
Drains to that. 01:02:01
Small *****. 01:02:03
I've seen it wash out. 01:02:05
I help dad pull 60. 01:02:06
60 inch culvert that washed out there years ago. 01:02:08
If you drive best property, you'll see that culvert land at the edge of the Creek. 01:02:12
It's a 60 inch coat. 01:02:16
So I question. 01:02:18
As the drainage of that property. 01:02:19
The Shaw property. 01:02:22
The property that was developed by John Copas. 01:02:24
Andy Beach, all of that funnels. 01:02:26
To that small ditch. 01:02:29
Where they're planning on cross. 01:02:31
I wouldn't say I oppose it for that, but I would certainly ask that the engineering be looked at close. 01:02:34
Sure. Thank you. 01:02:40
Thank you. Thank you for your input. 01:02:41
Is there anyone else? 01:02:44
Here this evening I'd like to speak in opposition. 01:02:45
This request. 01:02:48
Seeing none. 01:02:53
We'll close that section and we'll come back to you, Mr. Nardi or your representative. 01:02:55
If you'd like to come and address the. 01:03:00
Things that have been. 01:03:02
Florida. 01:03:03
Since we've been trying to clean up the. 01:03:09
The access we have noticed that that. 01:03:12
That 60 or whatever it is. 01:03:15
It's on the upstream side. It is nearly. 01:03:18
Full of debris. 01:03:22
And I would say that has to be contributing. 01:03:23
The any any drainage issues that's had. 01:03:27
Now that I'm the owner of the property. 01:03:30
I plan to. 01:03:32
Keep that maintained. Keep the debris out of the Creek so everything flows as it should. 01:03:34
And then hopefully that'll that'll cure a lot of the issues that. 01:03:38
The surrounding residents have seen in the past. 01:03:42
So, OK, any other questions for Mr. 01:03:45
OK. Thank you, Mr. Nordy. 01:03:51
So we've heard from the petitioner, we've heard from the public. 01:03:55
Do we have a ballot? 01:04:00
What cannot nick or can I ask you all one of y'all a question? 01:04:01
When when they get around to building. 01:04:06
The houses are the road. Will they have to come in and get? 01:04:10
Any kind of permit or have the drainage looked at as part of their application. 01:04:14
Yes, building plans are to have drainage. 01:04:23
Flow indicated on them. 01:04:28
And and they'll look there. It's looked at that which way. 01:04:30
How's the building? 01:04:32
I mean that's I don't. 01:04:35
That's not normally something. 01:04:37
This board looks at. 01:04:39
Will be part of the Pearl. 01:04:41
A single home or. 01:04:45
You know, on each lot. 01:04:46
Wouldn't require a full drainage review. 01:04:48
No, simply look to see where. 01:04:51
Properties indicated that. 01:04:55
Drop down. Make sure that. 01:04:58
But I mean, somebody's brought up the same, a similar concern as I had. So I just think it needs at some point it needs to be 01:04:59
reviewed so we don't. 01:05:02
Yeah, creative. They are included on building plans and. 01:05:06
And cyclins. 01:05:10
OK, it will be reviewed at a later date. 01:05:13
Thank you. 01:05:16
OK. Any other questions from the board? 01:05:19
Our discussion amongst the board. 01:05:22
Do we have a ballot? 01:05:25
I do. 01:05:27
But I have a question. 01:05:28
Before I start. 01:05:29
So I need to read a ballot for track 1. 01:05:31
Track 2 and track 3. 01:05:35
Is that correct? That is correct. Just start with one vote on it. 01:05:37
Then do to then vote on it. But if they're all similar he could just say. Could he not say no? 01:05:41
You have to read all three of them. 01:05:47
And vote on each one of them. You owe me. 01:05:49
Sorry. 01:05:51
OK, all righty. This is Docket FC-11-205-31, petitioners name. 01:05:53
Rocky Nardi. 01:06:00
After curfew, the board finds that. 01:06:03
Item one approval of the variance will not be injurious to the public health, safety, morals and general welfare. 01:06:07
Of the community because the existing 30 foot. 01:06:14
Access easement is adequate to support emergency provisions. 01:06:16
The Highlander Fire Department indicated they have no concerns regarding emergency access, but recommended the drive. 01:06:20
Include a stable gravel base. 01:06:27
And minimum. 01:06:30
Of an 8 foot. 01:06:32
Apron. 01:06:34
And travel width of 10 to 12 foot to ensure proper maneuverability. 01:06:35
Additionally. 01:06:42
The lots. 01:06:43
That will require access via the non conforming easement. 01:06:44
Will meet the 50 foot. 01:06:48
Easement requires. 01:06:50
The request currently will only serve two additional single family homes. 01:06:53
Excuse me, a very low density residential use consistent with surrounding rural and suburban residential patterns. 01:06:58
The traffic that was. 01:07:06
That will be generated. 01:07:07
Will be minimal. 01:07:09
And does not create a hazard. 01:07:10
To existing roadways or traveling public. 01:07:12
Additionally, there will be. 01:07:15
More than 300 foot of site distance in either direction. 01:07:17
Item number 2. 01:07:22
The use and value of the area adjacent to the property, including the variance. 01:07:23
Will not uh. 01:07:28
Be affected in a substantial adverse manner because. 01:07:29
Proposed 2 homes. 01:07:32
That will utilize the easement. 01:07:34
Represents low density. 01:07:36
Residential development. 01:07:38
That is inconsistent with the. 01:07:39
Established character of the surrounding area. 01:07:41
The addition. 01:07:45
Of two single family residents. 01:07:46
That will utilize easement in the near future will not generate significant traffic. 01:07:49
And therefore will not have substantial impact. 01:07:54
On either the value or the use of the neighboring properties, with the exception of the additional use of the private access 01:07:57
drive. 01:08:00
Additionally. 01:08:05
The use of an existing easement. 01:08:06
Does not introduce. 01:08:09
An incompatible. 01:08:10
Land use and further development. 01:08:12
Of vacant tracks. 01:08:14
May enhance neighboring. 01:08:16
Property values. 01:08:17
Item number 3. 01:08:19
The strict application. 01:08:20
Of the terms of the zoning ordinance will. 01:08:22
Result. Practical difficulties. 01:08:25
In the use of the property because. 01:08:27
That lots would not. 01:08:29
Wouldn't would not be able to be developed without a variance. The easement already exists and provides access to the tract. 01:08:32
Under under strict application a lot is not. 01:08:39
A buildable lot. 01:08:43
The variance. 01:08:45
Does not involve a structure that is near an airstrip. Regulated under Indiana Code 8-201-10. 01:08:46
There is not an airstrip in the vicinity. 01:08:53
The Board of Zoning appeals hereby grants. 01:08:59
The petitioner of variance at the meeting held on the eighth day of December. 01:09:04
2025. 01:09:08
The approval by the Board is subject to the completion of the following conditions. 01:09:10
Record a use and maintenance agreement. 01:09:15
For the access agreement. 01:09:18
Ensuring all impacted property owners are included. 01:09:20
As parties to the agreement. 01:09:24
Remove trees. 01:09:27
Or vegetation that obstructs sight distance as a. 01:09:29
Approved by county engineer. 01:09:32
If the applicant is to lay gravel or pay the access Rd. ensure. 01:09:35
And and I've changed this from the staff report. 01:09:40
To a 20 foot apron. 01:09:44
Where the easement meets the right. 01:09:47
Provide a minimum. 01:09:51
Of 10 to 12 foot with driveway. 01:09:52
Per Highlander FAR. 01:09:56
That finishes my ballot. 01:09:58
OK, we have a ballot. 01:10:02
Do we have second? 01:10:03
I'll second. 01:10:05
The ballot in a second. Any other questions from the board? 01:10:06
Comments. Umm. 01:10:09
All those in favor signify by saying aye. 01:10:10
Sun motion passes. 01:10:14
One down to more to go. 01:10:16
All right. 01:10:19
Lot 2. 01:10:23
All right, Docket FC-11-205-32. Rocky Nardi. 01:10:25
Track 2. 01:10:31
After careful review. 01:10:33
The review the board finds that. 01:10:35
Item 1. 01:10:38
Approval of the variance will not. 01:10:39
Be injurious to the help public health. 01:10:41
Safety. Morals. 01:10:43
In general and general welfare of the community. 01:10:45
Because. 01:10:49
Existing 30 foot access easement is adequate to support emergency provisions. 01:10:50
The Highlander Fire Department indicated. 01:10:55
They have no concerns regarding. 01:10:57
Emergency access, but recommends. 01:11:00
That to drive include. 01:11:02
Included include a stable gravel base. 01:11:05
An 8 foot apron. 01:11:08
And a travel with. 01:11:10
10 to 12 foot to ensure proper maneuverability. 01:11:11
Additionally, the lots that will require access. 01:11:14
Via the non conforming easement will meet. 01:11:17
The 50 foot easement requirement. 01:11:20
The request currently. 01:11:22
Will only serve two additional single family homes. 01:11:24
A very low density residential use consistent. 01:11:28
With surrounding rural and suburban. 01:11:31
Residential patterns. 01:11:33
The traffic that will be generated. 01:11:34
Will be minimal. 01:11:36
And does not create a hazard to existing roadways. 01:11:37
Are traveling public? 01:11:40
Additionally. 01:11:42
There will be more than 300 foot. 01:11:43
Sight distance. 01:11:45
In either direction of the drive. 01:11:47
All right. 01:11:53
Item number 2. 01:11:55
The use and value of the adjacent property. 01:11:58
Adjacent to the property included in the variance will not be affected. 01:12:01
In the substantial adverse. 01:12:06
Matter because the. 01:12:07
Proposed 2 homes. 01:12:09
That will utilize the easement represents low density residential development. 01:12:11
That is inconsistent. 01:12:16
With the established character of the surrounding area. 01:12:18
The the additional. 01:12:21
Of two single family residents. 01:12:23
That will utilize easement in the near future will not generate significant traffic. 01:12:25
And therefore. 01:12:29
Will not be. 01:12:31
Substantially impact on either the value or the use of the neighboring properties. 01:12:32
With the exception. 01:12:36
Of additional use. 01:12:37
Of the private access drive. 01:12:39
The use of the existing easement. 01:12:42
Does not introduce an incompatible. 01:12:44
Land use. 01:12:47
And further development of vacant tracks. 01:12:49
May enhance neighboring. 01:12:51
Property values. 01:12:53
#3. 01:12:55
The strict application of the terms of the zoners will. 01:12:56
Result in practical difficulties in the use of property because. 01:12:59
The lots would not be able to be developed without a variance. 01:13:03
The easement already exists. 01:13:07
And provides access to the tract under strict application lot is not a buildable lot. 01:13:08
Item number 4. 01:13:15
The variance does not involve a structure that is near an air. 01:13:16
Regulate under code Indiana code. 01:13:20
8-201-10. 01:13:22
There is not an airstrip in the vicinity. 01:13:24
The board of Pier. 01:13:31
Appeals hereby grants the petitioner. 01:13:33
Appearance at the meeting held on the eighth day of December. 01:13:37
2025. 01:13:40
The approval of the Board is subject to the completion of the following conditions. 01:13:42
Record a use of maintenance agreement for the access easement, ensuring all impacted. 01:13:46
Property owners. 01:13:51
Are included as parties to the Green. 01:13:52
Remove all trees vegetation that have struck sight distance. 01:13:55
As approved by county engineer. 01:13:59
If the applicant is to lay gravel or pay the excess Rd. insurer. 01:14:01
A 20 foot apron. 01:14:05
Where the easement meets the right away. 01:14:06
Provide a minimum of 10 to 12 foot width Dr. per Highlander fire. 01:14:08
That concludes my. 01:14:13
OK, we have a ballot. Do we have a second? 01:14:16
I'll second it. 01:14:18
The ballot in a second. 01:14:19
Any other questions? 01:14:21
All those in favor signify by saying aye aye. Any opposed like sign. 01:14:22
That's another one that passed. We have one more. 01:14:27
Priority to consider. 01:14:30
All right. 01:14:31
All right, Docket FC-11-205-33 Petitioners name Rocky Nardy. 01:14:34
After careful review, the board finds that. 01:14:41
Item one approval of variance will not. 01:14:44
Be injurious to the public health, safety, moral and general welfare of the community because. 01:14:48
Existing 30 foot access easement is adequate to support emergency provisions. 01:14:54
The Highlander fart. 01:14:59
Department indicated they have no concerns regarding emergency access, but recommended the drive include a stable. 01:15:00
An 8 foot. 01:15:07
To travel with of 10 to 12 feet. 01:15:08
To ensure proper maneuverability. 01:15:11
Additionally, uh. 01:15:13
The lots that require access via the nonconformations. 01:15:14
We'll meet the 50 foot easement requirement. 01:15:18
The request currently will only serve. 01:15:21
Two additional single family homes. 01:15:24
A very low density resonance use. 01:15:26
With surrounding rural, suburban residential patterns. 01:15:28
To traffic that will be generated. 01:15:31
Will be minimal. 01:15:33
It does not create a hazard. 01:15:34
To existing railways of traveling public. 01:15:36
Additionally. 01:15:39
There will be more than 300 foot of sight distance in either. 01:15:40
Direction of the drive. 01:15:44
Item number 2. 01:15:46
The use and value of the area adjacent to the property, including the variance. 01:15:47
Will not be affected in a substantial adverse manner because. 01:15:52
The proposed 2 homes. 01:15:56
That will utilize easement represents low density residential development. 01:15:58
That is inconsistent. 01:16:02
With the established character of the surrounding area. 01:16:04
The additional of two single family residences that will utilize easement in the near future will not generate. 01:16:07
Significant traffic and therefore will not have a substantial impact. 01:16:13
On either the value or the use of the naming properties. 01:16:18
With the exception. 01:16:21
Of additional use. 01:16:22
Of a private access drive. 01:16:23
Additionally. 01:16:25
The use of the existing easement does not introduce. 01:16:26
Incompatibility. Umm. 01:16:29
Land use and further development of the vacant tracks may. 01:16:31
May enhance neighboring property values. 01:16:35
The strict application. 01:16:37
Of the terms of the zoning arts will result in practical difficulties. 01:16:39
In the use of the property because the lots. 01:16:43
Would not be able to be developed without a variance. 01:16:45
The Eastman already. 01:16:48
It provides access to the tract under strict application law is not buildable. 01:16:50
The variance does not involve a structure. 01:16:55
That is near an airstrip and regulated under cold Indiana code. 01:16:57
8-201-10. 01:17:01
Therefore, there is not an airstrip in the vicinity. 01:17:03
The Board of Zoning appeals hereby grants. 01:17:09
The petitioner at the meeting held on the eighth day of December, 2025. 01:17:12
With the approval by the Board is subject to the completion of the following conditions. 01:17:17
Record a use and maintenance agreement for the access. 01:17:23
Easement and ensure all impacted property owners are included. 01:17:26
As party of the agreement. 01:17:29
Remove trees or vegetation that obstructs. 01:17:31
Sight distance as. 01:17:34
Approved by county. 01:17:35
Engineer. 01:17:37
If the applicant is delayed gravel or pave. 01:17:38
The Access Rd. 01:17:40
Ensure a 20 foot apron. 01:17:41
Where the easement meets the right away. 01:17:43
Provide a minimum of 10 or 12 foot width. 01:17:46
Driveway, you know. 01:17:49
Per Highlander Farm. 01:17:51
That concludes my. 01:17:53
OK, we have a ballot. Do we have a second ballot and a second? 01:17:55
The questions. 01:18:00
All those in favor signify by saying aye. Any opposed like sign. 01:18:01
All three of those fast. 01:18:05
Thank you for coming in tonight, Mr. Nardi. 01:18:07
Our next agenda is agenda item number six is FC-11-205-24. 01:18:11
It is a conditional use permit and Ray is going to explain to the board that one. 01:18:18
The petitioner is a New Albany slash Floyd County consolidated schools. The location is 6575. 01:18:23
Aldenson Rd. Floyds Knobs IN 4/7. 01:18:29
The request is conditionally used for school, public or private. 01:18:33
And the zoning district is rural residential, so go into the overview. 01:18:36
The applicant is requesting A conditional use permit to construct A2 Story 88. 01:18:40
800 square foot. 01:18:44
The nation of Floyd Central High School each formal measure approximately 4. 01:18:46
4400 square feet. The first floor of the weight room with a performance turf area. 01:18:50
Storage rooms and restrooms. 01:18:54
2nd floor will primary function as a Chairman studio with additional general storage, 7 offices and three restrooms. 01:18:56
The applicants representatives. 01:19:02
Sorry to have this representative is also indicated that an elevator and vegetable. 01:19:05
Maybe incorporated during the bid process based on budgetary constraints. 01:19:09
The proposed addition will be located it is to the eastern parking area nearest to the intersection of Old Vinson Road and 01:19:12
Benchmark Drive on the existing campus. 01:19:16
The additionally full. 01:19:20
Fully connected to the existing high school building, they'll be completely enclosed. 01:19:22
The current sidewalk is here will be removed to allow for an extension that links directly to the new structure. A new entrance 01:19:25
will also be installed on the side of the. 01:19:29
Addition Placing hold of Vincennes Rd. 01:19:32
Instruction is slated to commence in the summer. 01:19:35
Subject properties The 92 acre campus, the houses. 01:19:37
Floyd Central High School. 01:19:40
Property about social insurance offenses. Road to the north in Edwardsville. Molina Road to the southwest. 01:19:41
Adjacent Properties All properties surrounding these subject properties On rural residential The properties located to the North 01:19:47
and South. 01:19:50
Comprising single family residences and vacant land. Vacant land. 01:19:54
Properties directly to the east and West. 01:19:57
Consists of other parts of the school's campus, including a parking area, a baseball field and a football stadium. 01:19:59
Going to the staff comments, the conditional use will not be injurious to the public health, safety, morals and general welfare 01:20:06
community. 01:20:08
The Rose edition would not be adjourned to the public nor create any significant hazards related to air, light or sound. All 01:20:12
activities associated with the additional occur indoors and the structure will be located adjacent to the primary school building. 01:20:18
Ensuring unattractive access for emergency services and maintaining safe. 01:20:24
Circulation through throughout the second. 01:20:28
Traffic impacts are expected to be minimal as the additional increased student enrollment or generate substantial new trips who 01:20:30
are from the. 01:20:33
Property Existing parking facilities are sufficient to accommodate users of the new space. 01:20:36
New spaces and any temporary traffic increases. 01:20:42
Will be limited to the construction period. 01:20:45
Additionally, the applicant has submitted a capacity letter from the utility provider serving. 01:20:47
That there is sufficient capacity for sewers to serve in addition. 01:20:51
To the use and value of the area adjacent to the property, including the variance will not be. 01:20:54
Affected in substantially adverse matter as the subject property is existing high school, the proposed. 01:20:58
Addition is consistent. 01:21:04
With the established educational use and not be substantially adverse to. 01:21:06
Adjacent Properties The addition is located within the existing campus banner and be fully integrated with the main school 01:21:09
building. 01:21:12
Ensuring that the expansion remains compatible with the existing character. 01:21:15
Inflection of the site. 01:21:18
The design of the edition will not alter the overall character of the school and over the encroaches surrounding residential or 01:21:20
commercial areas. 01:21:23
Because the proposed facilities. 01:21:26
Support the schools and tailor purpose and design tradition or incompatible uses. The project is not expected to negatively impact 01:21:28
the value or use of adjacent properties. 01:21:32
The need for the conditional use does arise or does result. 01:21:36
Conditions unusual or peculiar to the subject property. 01:21:39
The property has limited available land use. 01:21:42
Due to existing. 01:21:46
Infrastructure or land due to existing infrastructure. 01:21:47
Rather than building the proposed addition elsewhere, the applicant is requesting to build all the existing campus or ease of 01:21:50
access for staff and students. 01:21:53
For the strict applications in the terms of the zoning ordinance will result in a necessary hardship and the use of the property. 01:21:56
Proposed use is a permitted conditional use. 01:22:02
Described in those unicorns is appropriate for the hard. 01:22:04
District and is compatible with the exist. 01:22:07
That now the request could hinder this institution's ability to effectively serve its faculty and student body as a growing 01:22:09
educational. 01:22:12
Facility and expanding program facilities. 01:22:15
#5 approval of conditions will not contradict the goals and objectives of the Floyd County Comprehensive Plan because. 01:22:18
Your questions align with the Comprehensive Plans principles. Smart Growth because it allows for the efficient use of limited 01:22:24
land. 01:22:27
Direct developments toward existing communities. 01:22:30
And takes advantage of compact building design. 01:22:32
By utilizing infill, development will make it land on the existing school campus. 01:22:34
Staff recommendations are to obtain its construction design release from the state prior to obtaining the building permit. 01:22:38
That is all. 01:22:44
Any questions for Ray? 01:22:45
Thank you, Greg. 01:22:48
Is the petitioner or representative of the petitioner here this evening? 01:22:51
Please come forward, state your name and address for the record. 01:22:56
Good evening. My name is Greg Bennett. I'm with Heritage Engineering and we're located at 603 N Shore Drive in Jeffersonville, IN. 01:23:02
47130. 01:23:11
We're the civil engineers for the project and representing the new opening. 01:23:13
For school district. 01:23:17
I don't really have any presentations, just here to answer any general questions that you may have. 01:23:19
About the projects. 01:23:24
Any questions for Mr. Bennett? 01:23:25
So the existing sidewalk, that's going to be an internal hallway. 01:23:27
Yes, that becomes an internal hallway. Yes, at that time. 01:23:30
All the exits are ingress. Egress on the existing building will remain, they'll just be enclosed within the construction structure 01:23:34
there so. 01:23:38
OK. Other questions? 01:23:43
Seeing none, that was pretty quick and easy. 01:23:48
Thank you. Yeah. 01:23:50
OK, So we've heard from the staff, we've heard from the petitioners. Is there anyone else here this evening that would like to 01:23:52
come forward to speak in favor? 01:23:55
Of this application. 01:23:58
See none. Is there anyone here that would like to come forward and speak in opposition? 01:24:02
To this request. 01:24:06
OK, then. Do we have a ballot? I have a ballot. 01:24:10
Docket FC-11-205-34 Petitioner New Albany Floyd County Consolidated Schools. 01:24:13
Africa for review the board finds that number one, the condition for use will. 01:24:20
Not be interest to the public safety, health, morals and general welfare of the community because the structure will be located 01:24:25
adjacent to the primary school. 01:24:29
Building Insuring. 01:24:33
Unrestricted access for emergency services and maintaining safe circulation throughout the site. 01:24:34
Traffic impacts are expected to be minimal as the addition will not increase student enrollment. 01:24:40
Or generate substantial new trips to and from the property. 01:24:45
The existing parking facilities. 01:24:49
Are sufficient to accommodate users of the new space. 01:24:51
In any temporary traffic, increases will be limited to the construction period. 01:24:54
Additionally, the applicant. 01:24:58
Applicant has submitted a capacity. 01:25:00
Letter from the utility providers. 01:25:02
Assessing that there is sufficient cap. 01:25:05
Capacity for sewer to serve the. 01:25:09
#2 the use and value of the area adjacent to the property will not. 01:25:12
Will not be adversely affected because the subject property. 01:25:15
Is an existing high school. 01:25:18
The proposed addition is consistent with the established education. 01:25:21
Educational use and will not. 01:25:25
The adverse to. 01:25:27
Adjacent Properties The addition is located within the existing campus boundary. 01:25:29
And will be fully integrated with the main school building. 01:25:34
Ensuring that the expansion remains compatible with the existing character and function of the site. 01:25:37
The design of the addition will not alter the overall character of the school. 01:25:43
The proposed facility supports the school's intended purpose and does not introduce new. 01:25:47
Are incompatible uses the project is not expected. 01:25:52
To negatively impact the value or use of adjacent properties. 01:25:56
#3 the need for the. 01:26:00
Conditional use. 01:26:02
Does result from any conditions? 01:26:03
Unusual or peculiar? 01:26:06
Through the property itself, because the property has limited available land use to existing. 01:26:07
The property has limited available land. 01:26:16
Due to existing infrastructure. 01:26:18
The applicant is requesting to build it on the existing campus. 01:26:20
For ease of access for staff and students. 01:26:24
#4 Strict application of the terms of Floyd County zoning ordinance. 01:26:26
Will result in an unnecessary hardship in the use of property because the proposed use is permitted. Conditional use describing 01:26:30
the zoning gardens. 01:26:34
It's appropriate for the. 01:26:39
Of the art district and is compatible with. 01:26:40
The existing use. 01:26:43
Denial of the request could hinder. 01:26:45
The institution's ability to effectively serve the facility. 01:26:47
And student body as growing educational facility and expanding programs. 01:26:51
And the facility needs. 01:26:55
#5 Approval of the. 01:27:00
Conditional use will not. 01:27:01
Contradict the goals. 01:27:03
And the projectives of Floyd County Comprehensive Plan because the request is in line with the comprehensive plan principles. 01:27:05
Of smart growth because it allows for the efficient use of limited land and takes advantage. 01:27:11
Of compact building design by utilizing infill development. 01:27:16
On vacant land of the existing school campus. 01:27:20
The Board of Zoning. 01:27:23
Appeals here by grants the petitioner conditional use. That the meeting held on the eighth day of December 2025. 01:27:24
Approved by the Board subject to completion. The common condition. 01:27:30
Obtain a construction design release from the state. 01:27:34
Prior to obtaining a building permit. 01:27:37
That completes my ballot. 01:27:39
OK, we have a ballot. Do we have a second? 01:27:41
I'll second. 01:27:43
Move the ballot and a second any other. 01:27:44
Comments from the board. 01:27:47
Seeing none, all those in favor signify by saying aye aye. Any opposed like sign. 01:27:49
Congratulations. 01:27:53
Ashes as well. 01:27:55
OK, moving on our agenda this evening we have only have two more items on our agenda #1. 01:27:57
And it was included in the packets that went out. 01:28:03
In advance of tonight's meeting. 01:28:06
We sent out a list of our meeting dates and turn in schedules for 2026. 01:28:08
I'd like to to know that all of you have had a chance to review those. 01:28:14
And if we have any? 01:28:18
Comments. 01:28:20
Or umm, uh. 01:28:21
Modifications we need to make bring those up now, otherwise we'll need to vote on those. Is that correct, Kristen? 01:28:23
Yeah, we can always move one at a later date if we need to. One question I have. 01:28:28
I apologize it didn't look at some of these Mondays. Did we move any to 1/3 Monday? 01:28:32
No, OK. 01:28:38
Then I don't think I have any comments. 01:28:39
OK. 01:28:41
Any other? 01:28:43
Comments regarding next year's meeting dates. 01:28:44
I'll make a motion we approve as presented. 01:28:47
OK, we have a motion. Do we have a second? 01:28:49
I'll second motion and 2nd all those in favor signify by saying aye aye. 01:28:51
Any opposed like son? 01:28:56
All right. And then the final item on our agenda this evening. 01:28:58
Is. 01:29:02
The legal contract review for. 01:29:03
Christie services going forward Christine for. 01:29:05
We have been doing 2 years. That's what I thought. Current one expires the end of this calendar year. 01:29:11
OK, so. 01:29:16
These were circulated also in advance and I've seen everybody had changed to look them over. 01:29:18
I certainly did, and I did not see anything that jumped out at me. It's very consistent with what we've been doing. 01:29:23
And I think on an editorial note, I would just add that I think. 01:29:28
Miss Fox has done a fantastic job. 01:29:32
Working with our board over the years she has served us and. 01:29:35
I am. I think we would probably all agree that. 01:29:40
We have been very well served with her guidance so. 01:29:43
Unless there are questions or comments, I would entertain a motion. 01:29:47
To recommend, we don't approve this contract, we recommend it to the Planning Commission, so. 01:29:50
We'll just need to. 01:29:56
Make a motion to recommend approval. 01:29:57
To the PC. 01:29:59
Also move. 01:30:01
We have a motion. Do we have a second? 01:30:02
Second motion is a second. 01:30:03
All those in favor signify by saying aye. Any opposed like son. 01:30:05
Thank you. 01:30:10
You're welcome. Thank you. 01:30:10
Any other items to come before our board this evening? 01:30:12
OK. I would entertain a motion to adjourn. I move to adjourn. 01:30:16
Second motion. Second, all those in favor signify by saying aye aye. 01:30:19
We are hereby adjourned. 01:30:23
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Document list

Documents available for this event
Document Name Document type
PC/BZA 2026 Submission Schedule General Document
Floyd County PC/BZA Contract 2026-2027 General Document
FC-11-25-34- New Albany Floyd County Schools- CU General Document
FC-11-25-33 Rocky Nardi- Tract 3 DSV General Document
FC-11-25-32 Rocky Nardi- Tract 2 DSV General Document
FC-11-25-31 Rocky Nardi- Tract 1 DSV General Document
FC-09-25-22 Phillip Puckett- Side Yard DSV General Document
FC-09-25-21 Phillip Puckett- Front Yard DSV General Document

Transcript

Event transcript
It is where it is. We can't do nothing. 00:00:01
She's bad this month. 00:00:03
What's going on, my man? 00:00:06
I'm here, so it is. Good morning, Sir. Make sure I'm in the right spot. 00:00:10
Oh. 00:00:19
When it comes to kids. 00:00:26
I don't know, maybe. 00:00:33
Another girl. Of course I say that now when you're a teenager. 00:00:37
Every day. 00:00:56
Sydney Translation. 00:01:29
Scan, that computer says. Interesting. 00:01:56
Good evening, everybody. I would like to welcome all of you this evening. 00:02:12
To tonight's Floyd County Board of Funding, it is. 00:02:16
Monday evening, December 8th. 00:02:20
And we're going to get our meeting started tonight with roll call. 00:02:22
Here. 00:02:26
Here. 00:02:27
Here here. 00:02:28
Here we do have a full board, which means we have a quorum, so we'll move right into minutes. 00:02:31
Minutes of our last meeting were distributed in advance. I assume that everyone had a chance to review those. 00:02:36
And I would entertain any comments, questions or additions to those if not. 00:02:42
We will need a motion to approve. 00:02:48
I'll make a motion to approve. 00:02:50
We have a motion to have a second. 00:02:51
Second motion and a second. All those in favor signify by saying aye. 00:02:53
Any opposed like sign the minutes pass. 00:02:58
We do not have any old business to review this evening, but we'll get right into our new. 00:03:02
Business so agenda item 1 is FC-09-205-21. 00:03:07
A development standards variance and I believe that. 00:03:12
Ray is going to come and. 00:03:15
Give us the staff report. 00:03:17
Good evening. 00:03:19
The petitioners. Phillip Puckett. 00:03:21
The location is 3010 Ridgewood Dr. 00:03:23
Portsmouth, Indiana. Horses, Illinois. 00:03:26
The request is the accessory structure location. 00:03:29
In the zoning district, residential, suburban. 00:03:32
So I'm gonna go right into the overview. The applicant is requesting A variance to allow 24 foot. 00:03:35
By 24 foot. 00:03:40
For a total of 576. 00:03:42
Excuse me, just a moment. 00:03:45
Just for clarity, if you don't mind. 00:03:46
If assuming. 00:03:50
Mr. Puckett is OK with this. We have two items for Mr. Puckett. 00:03:52
And. 00:03:57
Because they're two separate items, I'd like to propose that we listen, that we present them as one. 00:03:58
But vote on the mesh too. 00:04:04
Or, I'm sorry, did. 00:04:07
We present everything and we vote on them separately. 00:04:08
That way we're a little more efficient than having to walk over both staff reports. Yes, but if we can ask Mr. Puckett. 00:04:12
For to make sure he's OK with that please. OK here are UK with us doing that for. 00:04:19
OK. Thank you, Mr. Puckett. 00:04:25
Carry on right now. 00:04:28
Yeah, 576. 00:04:31
Square foot shed remain in front of the. 00:04:33
Primary structure. 00:04:35
Which is not permitted by the Floyd County Zoning ordinance per Section 50. 00:04:37
5.04 accessory use. 00:04:41
Structure standards. 00:04:44
The applicant had placed the shed on the property prior to obtaining the building permit from the building development office. 00:04:45
Staff was notified of the violations following an investigation by Code Enforcement Officer Albert North. 00:04:51
A Notice of Violation was issued on August 11th, 2025. 00:04:56
The applicant subsequently met the staff and was informed that he would need to submit a Development Standards Variance 00:05:00
application. 00:05:03
If you wanted to request to keep the non compliance structured. 00:05:06
In its current location. 00:05:09
The applicant states that there is no other feasible location you can place the structure as he. 00:05:11
Has indicated that alternative placement options are limited due to septic lines located behind the residents. 00:05:15
Insufficient space on the West side of the property is the terrain on the east side. 00:05:20
Staff found that although the West side of the property may not have adequate space for the structure, it appears there there may 00:05:25
be adequate space behind the residence. 00:05:29
And directly east from their residence. 00:05:33
Where the structure can be placed that will not interfere with septic ones. 00:05:35
Staff calculated the slope east of the lot directly adjacent to the residents and determined that the slopes range from 00:05:39
approximately 6. 00:05:43
To 17% in some areas with a flatter area. 00:05:46
Behind the existing Evergreen tree measuring 6.8%. 00:05:49
These slopes do not meet the Floyd County Zoning Ordinance definition of a steep slope, which requires a grade of 20% or greater. 00:05:54
Over any 100 foot segment prior to cut and fill. 00:06:00
The location behind the Evergreen tree would also meet Floyd County Health Department standards. 00:06:04
Has no separation distance from the pipe to the shed would be required. 00:06:08
Additionally, Floyd County Health Department staff confirmed that the site approval could be modified. 00:06:11
To accommodate the compliance shed location east of the residence. 00:06:16
On Monday 12/1/2025. 00:06:20
The applicant submitted a recording deed which users verifies that he bought a portion of the property belonging to his neighbor. 00:06:22
Located directly South of his residence at 3010 or sorry 3015. 00:06:28
Ridgewood Dr. where the shed is currently placed. 00:06:32
So section 5.04 Accessory. 00:06:36
Use slash structure standards. 00:06:39
Item I states accessory structures shall be located to the rear. 00:06:42
Her side of the primary structure unless otherwise permitted in this ordinance. 00:06:46
Accessory structures used for barns and private garages may be allowed. 00:06:50
In front of the primary structure. 00:06:53
An AR district with five acres of greater. 00:06:55
Barns and private garages. 00:06:58
Shall meet friends set back requirements for primary structures. 00:07:00
Primary structures being located on a parcel with an existing legal. 00:07:03
The existing legal conforming accessory structure. 00:07:08
Or structures maybe looking to the rear of the existing legal. 00:07:11
Conforming accessory structures. 00:07:14
So going into the staff comments. 00:07:18
So. 00:07:20
Number one. 00:07:21
The approval will not be injurious. 00:07:22
To the public health, safety, morals and general welfare of the community. 00:07:25
The structures place me in front of. The primary structure does not interfere with. 00:07:29
Emergency access to the home or surrounding properties or. 00:07:32
All utilities remain fully accessible in other. 00:07:36
Unobstructed and no risk is posed to neighboring properties. The list location. 00:07:38
In front of the residents. 00:07:43
#2. 00:07:45
The use and value of the area adjacent to the property, including the variance, will be affected in a substantially adverse 00:07:46
manner. 00:07:49
While the use of the adjacent property. 00:07:52
May not be affected, value may be. 00:07:54
Under section 5.04. 00:07:56
The Floyd County zoning ordinance discourages placing accessory structures in front of primary structures. 00:07:58
Particularly on smaller lots. 00:08:03
As such. 00:08:05
Placement is inconsistent with the intent of the Rs zoning district. 00:08:06
Locating the structure in front of the residence. 00:08:10
Negatively affecting neighboring property values. 00:08:13
By deviating from this. 00:08:15
Districts. Intended aesthetic. 00:08:17
Although the home is located at the corner of the subdivision. 00:08:18
Or it's obscured from the majority of residences with the exception of the neighboring property. 00:08:22
Located at 3015 Richwood Drive. 00:08:26
When the applicant indicates sold him a piece of the property for placement of the structure. 00:08:29
#3. 00:08:34
District application of the terms of the zoning forms. 00:08:35
Will not result in practical difficulties in the use of the property. 00:08:37
The use of the property as a single family residence would not be petered without the structure. 00:08:41
Additionally. 00:08:45
All of that appreciates there's no other feasible location for the structure. It does seem that the structure could be placed 00:08:46
elsewhere on the lot. 00:08:49
That is compliant. 00:08:52
#4. 00:08:54
The variance does not involve a structure. 00:08:55
As near an airstrip and regulated under Indiana code. 00:08:57
8-201-10 as there is not an interesting. 00:09:00
Staff Recommendations. 00:09:05
Neither crisis. All criteria required for approval can be met. Allow the applicant 30 days to remove the structure and bring the 00:09:07
lock into compliance. If not completed within this time frame, fines are to approve from the date of now. 00:09:13
I want to move directly onto the. 00:09:20
Next staff report. 00:09:23
FC-09-205-22. 00:09:25
The request is also for accessory structure location. 00:09:29
So. 00:09:32
Going back into the overview. 00:09:33
The applicant is requesting. 00:09:35
The variance to allow 24 foot by 24 foot shed total 576 square feet. 00:09:37
To remain in the acquired 8 foot side yard ship at required for zoning district. 00:09:43
Residential suburban as stipulated in section 4.9. 00:09:46
Residential suburban district development standards. 00:09:51
In the fluorescence. 00:09:53
The happening to place the shed on the property prior to obtaining a building permit for the building and. 00:09:55
Development Office staff was notified of violation of following investigation by Public Enforcement Officer Robert North. 00:09:59
Notice The violation was issued on August 11, 2025. 00:10:05
Applicants have secretly met the staff. 00:10:07
As informed that you need to submit a development Standards variance application. They go on and keep. 00:10:09
And a compliant structure in its current location. 00:10:13
Adam states that there's no other feasible location he can place the structure as he. 00:10:16
Indicated that alternative placement options are eliminated due to septic lines located behind the residence insufficient space. 00:10:20
On the West side of the property instead terrain on the east side. 00:10:26
Staff found all over the West side of the property Main. I have adequate space for the structure. It appears that there may be 00:10:29
that space behind the residence. 00:10:32
And directly. These are the residents where the structure can be placed. I'll not interfere with septic lines. 00:10:36
Attach a letter from me. 00:10:41
County Health Department was a. 00:10:43
Included in the application. 00:10:44
Staff calculated the slope east of the lot, directly adjacent the residents and. 00:10:46
Determined that the slopes range from approximately 6 to 17% smares. 00:10:51
With a flatter area beyond the existing Evergreen tree measuring 6.8%. 00:10:55
These slopes do not beat the Floyd County zoning ordinance definition of a steep slope, which requires a grading 20% or greater. 00:11:00
Or any 100 foot? 00:11:05
Segment prior to cutting field. 00:11:07
Location on every tree would also meet Floyd County Health. 00:11:09
Health department standards There's no separation distance from the Pike. 00:11:12
To the shed would be required Additionally, Floyd County Health department staff for. 00:11:15
That the sign approval could be modified to accommodate compliance shed. 00:11:19
Location east of the residents. 00:11:22
On Monday 12/1/2025, applicants submitted in court of need. 00:11:24
Which users verifies that you bought a portion of the property belonging to his neighbor located during the South of his res? 00:11:28
3015. 00:11:34
Virtual drive where the shed is currently placed. 00:11:35
Section 5104. Accessory use slash structure standards. 00:11:39
Item D. 00:11:43
No accessory structures. 00:11:44
She'll be placed in any required set back. 00:11:46
They're going to the staff conference. 00:11:48
This pocket item. 00:11:50
Number one, the approval will be adjourned to the public health safety models and general welfare. 00:11:53
Unity structure does not comply with the fire resistance requirement of the Indiana Residential Code because the structure is 00:11:57
located within 5 feet. 00:12:01
The side yard does not meet the minimum fire separation distance. 00:12:05
It would therefore require fire resistance construction. 00:12:08
Staff, can I verify compliance with section R302? 00:12:11
Of the Indiana Residential Code, which stipulates this because. 00:12:16
The applicant did not submit a building permit for the structure and thus its current placement may pose a fire risk to the 00:12:20
adjacent property. 00:12:23
#2 the use value of the area, just the property including the variance will be affected in a substantially adverse manner. 00:12:26
Structure is not aligned with the intent. 00:12:32
Providing a uniform standard. 00:12:34
Aesthetic for residences in the Arizona District has stipulated. 00:12:37
Floyd County zoning ordinance. 00:12:41
The structures placement is inconsistent with the visual character of the neighborhood and also the tracks from the appearance of 00:12:43
the home. 00:12:46
Visually, the structure appears to be located on a proper property, which creates a confusing and incompatible aesthetic that 00:12:50
trades from the surrounding residential area, which may in turn diminish property values in the neighborhood. 00:12:55
Although. 00:13:00
The log is located in an obscure corner of the subdivision where there's not significant through travel. 00:13:01
#3 the strict application in terms of his own lunch will not result in practical difficulties to the use of the property. 00:13:06
The use of the property as a single family residence. 00:13:13
Would not be hindered without the structure Additionally, although the applicant states that there is not. 00:13:15
Another feasible. 00:13:21
Location of the structure. It does seem that the structure could be placed elsewhere on the line that is compliant. 00:13:22
#4 The variance does not involve a structure that is near an airstrip and regulated under Indiana Code A-1. 00:13:27
Dash 10 is there's not an airstrip in the vicinity. 00:13:33
Staff Recommendations. 00:13:36
And neither questions. 00:13:37
Required for who can't be met. Allowed after 30 days to remove the structure and bring the law into points if not completed within 00:13:39
its time frame, finds our crew. 00:13:43
The date of the night. 00:13:48
Resolve. 00:13:49
OK. Does the board have any questions for Ray? 00:13:51
Thank you, Rick. 00:13:55
OK, we've heard from the staff now. 00:13:59
Is the applicant or their representative here? Would you like to come forward and speak to the board, Mr. Bucket? 00:14:01
So please state your name and address for the record when you get to the mic. 00:14:08
My name is Philip Puckett. I live at 3010 Ridgewood Dr. Floyd's Knobs, Indiana 47119. 00:14:11
OK. Mr. Puckett, is there anything you would like to add? 00:14:19
Green It's not already covered. 00:14:22
OK, a couple of things I heard. 00:14:23
One, I apologize for not getting initially the building permit. I was not under the understanding the size requirement I thought 00:14:25
it had to have. 00:14:29
Electric water and on concrete to require that for a shed so that's. 00:14:33
That's on me. I didn't know that. 00:14:38
I heard Ray mentioned that it could be placed on the east side of the property. 00:14:41
I disagree with that because I have 7 drain lines right there. 00:14:46
Three of them coming from the gutters on the House. 00:14:50
Three of them coming from. 00:14:53
The week though, I have a. 00:14:55
3 foot. 00:14:57
A wall retaining wall on that side. 00:14:58
And then there's also a drain from the driveway. 00:15:02
So that side is all the drainage from the house also. 00:15:05
From the South side of the house, Running N is all of the drainage off of the road down A very steep. 00:15:09
I don't know if you measured that way, but I'm sure it's over 20%. 00:15:15
That steepness. 00:15:21
So really I don't feel it can be placed there with all these drain lines and it ends up at a Creek down there that rises when the. 00:15:23
It does rain. 00:15:29
So I feel like that. 00:15:30
I cannot place it there. 00:15:33
Without it just being wet, all wet and accessibility to it. 00:15:35
Also as far as accessibility to it. 00:15:39
I use it as a said slash garage. 00:15:42
Motorcycle stuff in there, I would not be able to get it out and down that steep hill. 00:15:45
Right now it's. 00:15:50
The shed is placed at the end of the driveway. 00:15:50
So it is accessible for me. 00:15:54
As far as the placement of it. 00:15:56
Most of it is on my property. 00:15:58
I did negotiate with my neighbor. 00:16:00
Doug and his wife Patty. 00:16:05
And, umm. 00:16:07
A part of the shed, maybe 5 foot. 00:16:08
From one corner to about 1 foot at the front corner. So it's not a very big deed. If you look at the deed, I forgot the size, 200, 00:16:10
some 212 feet I think. 00:16:15
Is on his proper. 00:16:19
He did agree to that in good faith. 00:16:21
Paying $500 back in February, the ship was placed. 00:16:23
I'm trying to remember approximately late March, April. 00:16:27
He was there to supervise the placement of the shed. 00:16:31
So were placed on his property so he was aware of this. 00:16:34
I have paid for two. 00:16:37
Surveys on the property at his request. 00:16:39
The first request. 00:16:42
We had agreed to draw a straight line. He he did the beginning point, but he was not there for the ending point. He had a meeting. 00:16:44
He shook my hand four times, so he agreed to everything. 00:16:51
And then all of a sudden he said, no, I don't. I don't want there. I want a second survey. So I paid for a second survey. 00:16:55
To come out. 00:17:02
Doug was out there for the entire survey. The placement of the pins was at his discretion. 00:17:04
As far as the I heard the aesthetics mentioned. 00:17:09
I paid extra for this **** to have 10 inch overhang so it looks more like a garage. 00:17:13
Or a a structure versus a shed. 00:17:18
I also have it. 00:17:21
Two toned so that it matches my house. 00:17:22
A blue and a cream color. Those are the colors of my shingles and the color of my house. So I did everything I could to make this 00:17:25
look as much like the property. 00:17:29
Also if you look at the placement of the shed. 00:17:33
Excuse me right now. 00:17:36
It is in line with all the sheds. 00:17:38
Down the street, my my property sits sideways to everybody else. Everybody else faces east, West. 00:17:41
I face north. 00:17:48
So the placement of my shed, if you go there is a straight line all down the road. 00:17:49
I look at those sheds now. I do look at my ****. 00:17:56
But it makes it accessible. 00:17:59
Like I said, if I even if I was to park my truck in there. 00:18:01
I could get to it if it was. 00:18:05
Down on the east side I would not have access to it getting up that CPU and like I said, the drain lines really make it. 00:18:07
Improbable set it there. 00:18:13
It's wet there all the time. It's the ground is always weeping through there. 00:18:15
The other thing I heard mentioned was a small lot size. 00:18:20
I own approximately 7 1/2 acres. 00:18:24
I back up to Mount Saint Francis. 00:18:27
A lot of people use my property as cut through to go through to get to the past, which we don't mind. 00:18:30
So the backside of my property is more like a park. 00:18:36
It backs up to the light on one fit my property backs up to the light on 150. 00:18:40
Where the Friars are. 00:18:44
That's the back end of my property. 00:18:47
I own 5 hillsides. 00:18:49
That really. 00:18:52
Aren't accessible. 00:18:53
And the one spot that he mentioned was successful is got drain lines on. 00:18:55
And it constantly weeps through there. 00:18:58
Any questions? 00:19:04
No other questions from the board. So on the survey that we've been provided that little bitty sliver. 00:19:09
Is what you purchased from? Yes, it's very small sliver and and that was made. 00:19:14
My understanding in good faith. 00:19:20
I have since gone through 4 agreements with him. 00:19:22
Every time in his favor, I've paid his lawyer fees, my lawyer fees, deed fees. 00:19:25
Survey fees. 00:19:31
At his, at his pleasure. 00:19:34
I guess and I've I've still I've tried to make this feasible all the way around so. 00:19:36
And really, his property is pretty much the only one that could even see. 00:19:40
The way the property is situated, so. 00:19:45
I always thought that that was made in good faith. When he sold me the property, I placed it there. 00:19:48
He helped me with the placement. He helped me with the pen set up for the. 00:19:53
The lines to be drawn so. 00:19:58
I thought everything would be good. 00:20:02
Now, did you say this building is still on the other? 00:20:04
Gentleman's property, yes, I have a deed for it's setting about 5 foot on his property. 00:20:07
Or you said uniform. 00:20:12
Ma'am, hold on. I'm sorry. The building is sitting primarily on my property. 00:20:16
But the way the the property line goes, it's kind of at a slight angle. 00:20:20
So the angle cuts through the shed I. 00:20:24
It's about 1 foot on the front corner of my shed is on his property and about four to five foot. 00:20:27
On the left side of ****. 00:20:32
So it's actually sitting across. 00:20:33
Across the property line and we made he made the lines to where it was 1 foot around the shed so he. 00:20:36
So that I'm 1 foot around the shed and then the rest is here. 00:20:42
So the first one was drawn straight across. 00:20:45
And he ended up in the pine needles. There's a Patsy pine trees there if you see the pictures. 00:20:48
So the deed you just got though is now putting the shed onto what you will now own. 00:20:53
Yes, I now own that one. Yes. 00:20:57
The deed. I own the deed. 00:20:59
The shed is on something I own now, but it wasn't prior. That's what I I'm sorry. I paid for it prior to the placement. 00:21:01
And make the agreements prior to the placement. 00:21:10
So you had that sliver of property that's now in your name prior to placing the shed there? 00:21:13
I'm sorry, repeat the question. You had the deed that he provided to you with that sliver. 00:21:19
Now places it onto your first OK. 00:21:24
It's taken some time. He's kind of slow walk this. He's been out of town a lot during the summer. He leaves for a month at a time, 00:21:27
comes home for a couple of days. So it's been a. 00:21:31
Been a slow process on getting this done, getting a deep, but I do have the deep. 00:21:35
Or you all have the beat. I believe in your possession. 00:21:40
This shed, now it's on runners, correct? It is. 00:21:43
Not on concrete or anything like that. It's miserable. 00:21:49
Any other questions for Mr. Puckett? 00:21:54
Do you have a survey of the drainage lines that are on the east? 00:21:57
Into your house. 00:22:01
A survey. 00:22:03
Actual location of where those you have a sketch or anything that shows all your drain lines. 00:22:06
They're really kind of hard to see because they just stick out of the ground for a little bit. 00:22:11
But but they're asking. They're asking if you have a drawing. 00:22:15
Or something. I believe the drawing I presented you all I believe it showed. 00:22:19
Drainage lines I can't remember because I submitted that sometimes and the drawings that I see. 00:22:23
Yeah, I thought that was septic lines. No, those are drainage lines. 00:22:29
From the house, the the gutters, the retaining wall and the driveway. 00:22:34
And there are, there's seven of them. 00:22:39
That's something from the health department. 00:22:42
Six of them I can see, the 7th 1 I can't see what comes out at. 00:22:44
It's my driveway. I can't see where that one comes out at, but the other ones? 00:22:48
I can see. 00:22:52
Do you have? 00:22:54
Do you have something that shows us those long? 00:22:55
Yeah, that's what I thought. OK. 00:23:02
OK. Any other questions for Mr. Butler? 00:23:04
Thank you, Mr. Poken. 00:23:09
OK. So we've heard from staff, we've heard from the applicant. We are now going to go into public commentary. We're going to begin 00:23:11
with. 00:23:14
Anyone who is here this evening that would like to speak in favor? 00:23:17
Of this application. 00:23:21
Feel free to come forward. State your name and address for the record please. 00:23:23
I'm Phillips wife Kelly puppet. 00:23:29
3010 Ridgewood, China Floyd Knobs. 00:23:32
When you all said that it. 00:23:36
Would it could lower people's property value? Since it is sitting right next to his shed, I don't see how it could lower his 00:23:39
property value. 00:23:43
I was just wanting to make that point. 00:23:49
So I don't, I don't see. 00:23:55
Why? You know why there's any? 00:23:57
Problem with it? Why he's disagreeing with it? 00:24:00
I mean, he sold us the property in good faith. 00:24:03
And then he. 00:24:05
Goes to you guys and says he doesn't want it there. 00:24:08
I mean we've. 00:24:11
And before he left town this last time. 00:24:13
We had to take him a check to pay his lawyer fees. 00:24:17
And he told my husband that. 00:24:20
He and Patty are fine with where it is, they just want it over with. 00:24:24
So and then they don't show up tonight. 00:24:28
To say that or to fight their case? 00:24:31
So I wanted to make that you all aware of both of those. 00:24:35
Sure. Thank you. 00:24:38
Is there anyone else would like to come forward? 00:24:42
Come forward, ma'am. 00:24:44
State your name and address for the record. 00:24:46
My name is Terry Horton and I live at 3102 Richwood Court. 00:24:49
It's about. 00:24:54
Three houses. 00:24:56
Around the corner from where? 00:24:57
The packets left. 00:24:59
I walked the neighborhood a lot. 00:25:01
And I walk. 00:25:03
Down where? 00:25:04
Is is the mic still there? It is. 00:25:07
And it's the house is unique. 00:25:10
It's a beautiful place. It's on 7 acres. 00:25:13
And it does sit differently than everyone else. They've got a circular driveway. 00:25:16
And it's really a beautiful place, the shed does. 00:25:22
Match the house quite well. 00:25:26
And I don't. 00:25:28
Really see how that could. 00:25:30
Deter or make someone else's property. 00:25:32
Not as valuable. 00:25:36
And it's beautiful. 00:25:37
Is that it? 00:25:41
Thank you ma'am. We appreciate your input. 00:25:42
Is there anyone else here this evening would like to come forward and speak in favor? 00:25:46
Of this request. 00:25:49
Good evening. Please state your name and address for the record. 00:25:57
Good evening. I'm Albert Diac. 00:25:59
I live at. 00:26:02
2010 route live. 00:26:03
With my in-laws, Kelly and Philip Pocket. 00:26:05
And I. 00:26:07
Give me favor of the shade because. 00:26:09
Like Mr. Puckett. 00:26:12
Mentioned at the time. At the moment, we're looking at every biopsy. 00:26:13
Backyard thought Yard. 00:26:17
So I don't see why we can't look at our own ****. 00:26:20
When it's the flattest area in the property and everything else goes. 00:26:23
Down here, like they mentioned, power. 00:26:28
And. 00:26:30
I don't see. 00:26:31
Why the? 00:26:32
Properly owner that we bought. 00:26:35
Or Mr. Puckett purchased the Lewis liver. 00:26:37
Or or have not spoken up at the time when the delivery of the shell was there. 00:26:40
And they agreed on everything. 00:26:47
And never mentioned anything to us, hey. 00:26:49
We don't like it here, we don't want it here and now all of a sudden. 00:26:53
Six months later they decided, or seven months later they decided, oh, we don't want to get anymore. 00:26:57
It just doesn't make sense. 00:27:02
To I don't know. 00:27:04
Themselves don't stand up. 00:27:07
And explain the feelings and opinions on what needs to be taken care of. 00:27:09
If they would have said before we invested all this money in. 00:27:13
Double survey and different things. 00:27:16
To put the share where it is. 00:27:19
They would have come to an agreement before anything of this nature would have come up with. 00:27:22
So I don't see why. 00:27:27
Like Mr. Puckett. 00:27:30
Mentioned earlier. 00:27:32
The shed it's not. 00:27:33
Allowed or why it's not OK where it is? 00:27:36
Thank you. 00:27:42
Samantha Diak. 00:27:48
I live at 3010 Ridgewood Dr. 00:27:50
With my parents. 00:27:52
We live in a multi generational home we have. 00:27:54
Seven people total in that home. We help take care of them. 00:27:58
They help with the kids. We have three kids there as well. 00:28:02
So with that comes a lot of scooters and bikes and. 00:28:06
Cars and, you know, just stuff to to. 00:28:11
To be able to you know, for all of us to live together in that home. So I really feel that shed really helps to. 00:28:15
Uh, hide all of those, those toys and all of that stuff where it's not. 00:28:23
My thought was if it was not there. 00:28:31
And we instead had all of those bikes and all of those things in the driveway. 00:28:33
That would then make. 00:28:38
The the neighbors property value look more. 00:28:39
Go down more because it would look it would just look like a mess. 00:28:42
The whole reason we did this is to try to keep it clean, keep it nice and keep everything organized with such a large family 00:28:46
living in that home. 00:28:49
Thank you. 00:28:53
Thank you. 00:28:54
Is there anyone else that would like to come forward and speak this evening? 00:28:57
Seeing none, we'll close that section of the meeting and we'll move into those who may be here in opposition to this request. 00:29:02
Is there anyone here that would like to come forward and speak in opposition? 00:29:09
Seeing none. 00:29:15
We'll close that section. 00:29:16
And I I don't see neither. 00:29:18
Bring the petitioner back unless the board has any other questions. 00:29:20
Seeing none, do we have a ballot? 00:29:25
I got a question for Ray before we move on. 00:29:28
OK in this on the 2nd. 00:29:32
In the 25 days too. 00:29:34
You had #1 The structure does not comply with the power resistant requirements. 00:29:37
Yes, that's based on Indiana residential code. Has to be. 00:29:45
Further than 5 feet if we, so we. 00:29:50
There was, we didn't have an opportunity to inspect it because no. 00:29:52
The building permit was submitted. 00:29:57
So we are just looking at is if it's not fire, it doesn't have. 00:29:58
Pharmacist rate. So if it has viruses rate for zero it has to be more. 00:30:01
5 feet or greater. 00:30:05
From the. 00:30:07
Uh, set back. 00:30:08
Now when he bought the property, it still did not satisfy the five foot. 00:30:10
It's not 5 foot from where the. 00:30:17
Where the new line is, yeah. 00:30:20
OK, that's what. 00:30:21
Was a little confusing. OK, Thank you. All right. I've got a question for Ray. 00:30:24
Because this is on. 00:30:29
Cul-de-sac and the way it's oriented. 00:30:30
How is front of the house side of the house? Is that defined? 00:30:33
Right, so we looked at from. 00:30:37
From the So that's the way the ordinance has stated from the right away up until the. 00:30:39
Basically the build line. 00:30:44
So it's since it's oriented and. 00:30:46
On way we actually. 00:30:48
Look at me and Nick and. 00:30:50
Who determined that is actually in the side yard just because? 00:30:52
It's not hard to explain here, but it's it's in the side yard. 00:30:55
The front yard is defined by the. 00:31:04
Front build line of the structure. The primary structure. 00:31:06
To the. 00:31:11
Right away, so the structure parallel. 00:31:11
To that, so it's the front corner of the primary home. 00:31:14
To the right of way, which in this case. 00:31:18
It's a little different because it was. 00:31:21
Would they? It appears that there was a vacated section of the roadway, so it kind of dead ends in the corner. 00:31:24
So if you go parallel, it is technically the the structure is in the front yard. 00:31:30
In the side of the front yard. So it's in a side yard set back in the front yard. 00:31:36
OK. 00:31:42
Any other questions? 00:31:46
Do we have a ballot? 00:31:49
That I do. 00:31:57
All righty. 00:32:00
Docket FC-09-205-21. Petitioner. 00:32:03
OK. 00:32:08
After careful. 00:32:10
Review the board finds that. 00:32:12
Approval the variance. 00:32:14
Will not be injurious to the public health, safety, morals and general welfare of the community because the structure placement. 00:32:16
In front of the primary instruction does not even free with emergency access to the home or surrounding properties. All utilities. 00:32:23
Remain. 00:32:29
Full accessible and unstructured. 00:32:31
And no risk is posed to the neighboring properties due to. 00:32:33
Its location in the front of the residence. 00:32:37
Item number 2. 00:32:40
The use and value of the area adjacent to the property, including a variance, will be affected. 00:32:42
In a substantial adversary. 00:32:48
Matter because. 00:32:50
While the use of the adjacent property may not be affected. 00:32:51
The value. 00:32:55
May be under section. 00:32:56
5.0. 00:32:59
For the Floyd County zoning ordinance discourages placing accessory structures. 00:33:01
In front of a primary structure. 00:33:06
Particular on smaller. 00:33:09
As such, placement is inconsistent. 00:33:11
With the intent of the Rs zoning district. 00:33:14
Locating the structure in front. 00:33:17
Of the residents may. 00:33:20
Negligence effect. 00:33:21
The neighboring property values but. 00:33:23
Deviating from the district's. 00:33:26
Intended aesthetics. 00:33:28
Although the home is. 00:33:30
Located at the. 00:33:32
Corner at the corner subdivision where it is obscured. 00:33:33
From. 00:33:37
The majority of the residents, with the exception of the neighboring property located. 00:33:38
At 3015 Ridgewood Dr. 00:33:43
Whom the advocate? 00:33:45
Indicates so him a piece of his property for the placement structure. 00:33:47
#3 the strict application of the terms of the Zoryards will not result in. 00:33:53
Practical difficulties in the use of the property because. 00:33:59
The use of the property as a single family residence would not be impeded without the structure. 00:34:03
Additionally, although the applicant states. 00:34:09
That there is no. 00:34:12
Other feasible location of structure. It does seem that the structure could be placed elsewhere on the lot. 00:34:13
That is, that is compliant. 00:34:19
The variance #4. 00:34:22
The variance does not involve a structure. 00:34:24
That is near the airstrip. 00:34:26
That is near in airstrip and regulated under code. 00:34:29
Indiana Code 8-201-10. 00:34:32
There as there there is not an airstrip in the vicinity. 00:34:35
The board. 00:34:45
Of zoning period. 00:34:46
Appeals hereby denies. 00:34:47
The Petitioner. 00:34:49
Variance. 00:34:52
At the meeting held on the eighth day. 00:34:55
Of December 2025, which is consistent with staff recommendation. 00:34:57
OK, we have a ballot. Do we have a second? 00:35:04
I'll second that. 00:35:07
With a ballot and a second, any other questions? 00:35:09
From the board seeing none, all those. Hold on a second. Yeah. 00:35:12
About the same recommendation from staff is to allow 30 days for removal. 00:35:17
That probably should be included in here. 00:35:21
Yes, that's part of ours. 00:35:24
If you want, yeah. If you want a timeline, then included in there as. 00:35:27
The condition. 00:35:31
That way, staff can include that in the budget. 00:35:33
30 days to. 00:35:36
Right, but it doesn't go, it goes under. 00:35:37
Under conditions. 00:35:40
In which conditions approval by the board is subject to the but we're not approval. 00:35:42
Correct, but just as a note in there so that staff knows when they send out their letter. 00:35:47
Of denial, OK. 00:35:52
I'll just say. 00:35:58
I'm just going to say remove shed. 00:36:00
I'm going to say remove structure within 30 days. 00:36:09
Or make compliant OK. 00:36:15
If they may complain, they have to come back and. 00:36:20
They have to get a PERT, they still have to get a permit because. 00:36:23
So, I mean, I'll can they do that in 30 days, Nick? 00:36:26
Right, OK. 00:36:29
Roof structure and make compliant. 00:36:32
Within 30 minutes. 00:36:35
All right. 00:36:47
Once again, it says approval by the Board of Secretary of the conditions filing conditions. 00:36:50
Remove structure or make compliant within 30 days. 00:36:54
So your recommendation is to decline? 00:36:58
Reached on that right was that that was correct Yes and you can also strike their approval if you would like to probably feel 00:37:01
better then. 00:37:04
OK, so now we have. 00:37:09
A ballot and a motion. 00:37:11
And 2nd and a second. All those in favor signify by saying aye aye. 00:37:13
Aye, any opposed like sign? 00:37:17
That motion passes. 00:37:19
OK, we. 00:37:21
We need to vote on the 2nd. 00:37:22
Agenda item which is FC-09. 00:37:25
Dash 25-22. 00:37:27
Do we have a ballot for? 00:37:30
That request. 00:37:32
I guess we're having gone. 00:37:35
Not unless he chooses to. You'll have a ballot. 00:37:38
Right. Yeah. 00:37:40
Sorry, so I'll ask the question, do we have a ballot for? 00:37:44
I do. 00:37:49
Thank you. I do. Excuse me. 00:37:50
All right. Docket FC-09-205-22, Phillip. 00:37:55
Pocket. After careful review, the board finds that number one. 00:38:00
The approval of the variance will be injurious to the public health safety morals. 00:38:05
And general welfare of the committee because the structure does not comply with. 00:38:10
Fire resistor requirements in the Indiana. 00:38:15
Residents code. 00:38:18
Because structures located within 5 feet of the side yard, it does not meet the minimum parcel. 00:38:20
Separation distance and would therefore require fire resistant construction. 00:38:25
Staff cannot verify compliance with section R302. 00:38:29
Of the Indiana. 00:38:34
Residential Code which stipulates this because applicant did not submit a building permit for the structure and thus his current 00:38:35
placement may pose a far risk to the adjacent property. 00:38:40
#2. 00:38:45
The use and value of the of. 00:38:47
The area adjacent to the property, including the variance, will be affected. 00:38:49
In a substantial adverse manner, the structure is not aligned. 00:38:53
With the intent. 00:38:57
Providing uniform standard. 00:38:59
Aesthetic or for the residents in the Rs district. 00:39:01
As stipulated in the Floyd County. 00:39:06
Zoning ordinance. 00:39:08
The structure placement is consistent with the. 00:39:09
Visual character of the neighborhood and I also attracts. 00:39:13
From the appearance of the home. 00:39:17
Visually, the structure appears to be located on the neighboring property, which creates a confusing. 00:39:19
And incompatibility. 00:39:24
Battle Bill aesthetics that astrays. 00:39:25
From the surrounding residential area. 00:39:28
Which may in turn diminish property values in the neighborhood. 00:39:30
Although the lot is located in an obscure corner of the subdivision where there is not significant. 00:39:34
Through traffic. 00:39:39
#3 the strict application. 00:39:40
Of the terms of the zoning ordinance will not result. 00:39:43
In practical difficulties to the use of the. 00:39:46
Of the property because. 00:39:49
The use of the property as a single family resident would not be hindered without. 00:39:50
The structure additionally, although. 00:39:54
The. 00:39:57
States that there is no. 00:40:00
Other feasible location for the structure it does seem. 00:40:02
That the structure could be placed elsewhere. 00:40:05
It is compliant. 00:40:08
The variance does not involve a structure near an airstrip regulating code. 00:40:09
Indiana code 8-201-10 There is not an airstrip in the vicinity. 00:40:14
Yeah, I'm going to write it the same way. 00:40:21
The Board of Zoning. 00:40:25
Appeals hereby denies the petitioners variance. 00:40:27
On the meeting held on the eighth day of December. 00:40:30
2025, which is in conjunction with staff recommendation. 00:40:33
That's my old. 00:40:38
To be removed. 00:40:40
Yeah, structure. 00:40:42
By the Board is subject to the completion of the following conditions structure to be removed or made compliant within 30 days 00:41:10
that. 00:41:14
Completes my ballot. 00:41:17
OK, we have a ballot. Do we have a second? 00:41:20
I'll second it. 00:41:22
Ballot and a second. Any other comments? 00:41:23
Before we go all those in favor signify by saying aye. Any opposed like sign. 00:41:26
That motion passes as well. 00:41:31
Thank you folks for being here this evening. 00:41:33
I would suggest you work with Ray and Nick on on those issues. 00:41:41
Also, it's my understanding that Doug McDonald has friends on the board, or if anybody knows him, could they please honestly hold 00:41:46
their hand up? 00:41:50
I have no idea who that is. 00:41:55
All right, I was told that he had a friend. 00:42:00
Lots of folks have friends. I I don't have a clue who that. 00:42:05
Gentleman is. 00:42:08
Again, if you guys want to talk to Ray and. 00:42:11
Nick, they'll they'll give you all the answers that you need. 00:42:13
OK, moving on with our agenda this evening. 00:42:17
We have. 00:42:20
Another situation where we have multiple items related to the same. 00:42:22
Petitioner. 00:42:26
So. 00:42:27
Again in the. 00:42:29
In the interest of time. 00:42:30
Is Mr. Nardi. 00:42:32
Here. 00:42:33
So, Mr. Nardi, just simply yes or no? 00:42:34
Would you be OK with us? 00:42:37
Presenting everything similar to what we just did, and then we'll vote on them separately. 00:42:39
OK. Thank you. 00:42:43
So the next item on our agenda tonight is FC-11-25 Dash. 00:42:44
31 It's a development standard variance, and Ray is going to explain to us the Staffs. 00:42:49
Report umm. 00:42:55
OK, the petitioners rocking already the locations actually they can land on old and since and Floyd's knobs. 00:42:56
Zip code 47119. The request is a development standards variance. 00:43:02
For a minimum lot furniture that's outlined in Floyd County Zoning Warrants Section 4.19. 00:43:06
In the zoning district is residential suburban. 00:43:11
So I'm going to go into the overview. The applicant is requesting to allow 3 tracks. 00:43:14
To be assessed to be an existing access easement that does not meet the minimum Rd. furniture requirements of the Floyd County 00:43:18
Zoning Ordinance, Section 4.19. 00:43:22
Which entails residential suburban district. 00:43:26
Development standards and equal I'm sorry in the Floyd County zoning works requires minimum loft range of 80 feet within this 00:43:29
zoning district. 00:43:33
Because the locks do not. 00:43:37
The but a public, dedicated St. They must instead meet the financial requirements by maintaining a minimum width. 00:43:39
A50 feet along the entire length. 00:43:44
Of the. 00:43:46
Recorded private access easement. 00:43:48
And also have a private maintenance agreement in place. 00:43:50
The property currently gains access via pre-existing 30 foot ingress egress easement at 5287 Old Vinson Rd. which is stipulated in 00:43:52
the properties deed. 00:43:57
However, this access, sorry, this easement does not meet the minimum. 00:44:02
Road frontage requirements established by the ordinance. 00:44:05
The applicant cannot. 00:44:08
Increase the width of an easement as he does not own the property at 5287 Old Vincent Rd. 00:44:10
The applicant is proposed including the 9.5 acre vacant lot to 3 tracks. 00:44:15
Of the acreage of three-point 183.17. 00:44:20
3.1 acres to give to the children to develop in the future, but 2 tracks. Tracks 2 and 3 to be developed in the near future. 00:44:24
The applicant stated that the family members planning live on the 2 tracks consist of a family of three, including a child and 00:44:31
family of 2. The applicant also stated that he intends to. 00:44:36
Either poor gravel or the access drive or. 00:44:41
Pavement individually, Sir. 00:44:44
Adjacent properties directly to the West to single family residence zone Rs. 00:44:45
Which is owned by the applicant. To the north is another. 00:44:50
Artists own single family residence that provides access to the subject lot being existing easement. 00:44:53
To the east of the single family residence located within. 00:44:58
General commercial zoning industry. 00:45:01
To the southeast lies the. 00:45:02
Villa Villas of Floyd's Knobs subdivision, which is owned residential or. 00:45:04
I'm going to go into the staff comments. 00:45:09
Their approval will not be injurious to the public health, safety, morals and general welfare community. The existing 30 foot 00:45:11
access easement. 00:45:13
Is adequate to support emergency provisions. The Highlander Fire Department indicated they have no concerns regarding emergency 00:45:17
access. 00:45:20
But recommended that the Dr. includes stable gravel space and 8 foot apron and the travel width of 10 to 12 feet ensure proper. 00:45:23
Maneuverability. 00:45:30
Additionally, the lots that require access via the non. 00:45:31
Performing easement will meet the 50 foot easement requirement. Press currently only serve two additional single family homes, a 00:45:35
very low. 00:45:38
Density residential use consistent with surrounding. 00:45:42
In suburban residential patterns, the traffic they'll be generated. 00:45:45
But we minimal and does not create a hazard existing road race or the driving public. Additionally, there would be. 00:45:49
More than 300. 00:45:54
Foot of sight distance in either direction of the drive. 00:45:55
And the Floyd County Health Department has indicated no issues with the program. 00:45:58
Into the Houston value of the area adjacent to the property included in the variance will not be affected in a substantially 00:46:02
adverse manner. Those two homes that will. 00:46:06
Utilize the easement represent low density residential development that is consistent. 00:46:10
The established character of the surrounding area. The addition of two single family residences. 00:46:15
That will utilize the easement in the near future, will not generate significant traffic and therefore will not have substantial 00:46:19
impact on either value or use of the neighboring problems. 00:46:23
With the exception of additional use of the private access drive. 00:46:27
Additionally, the use of these incompatible land use and further development of the patient tracks Manhattan. 00:46:30
Enhance neighboring property office. 00:46:36
#3 The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. 00:46:39
The lots will not be able to be developed without a variance easement already exists. 00:46:43
It provides access to the traffic. 00:46:47
Restrict application lives out of the. 00:46:49
#4 the variance does not involve structure. 00:46:52
As near an airstrip and regulated under Indian Code 8-21. 00:46:55
Dash 10 as there's not an airstrip. 00:46:59
That one of the staff recommendations. 00:47:01
Record. 00:47:03
A use in maintenance agreement for the access easement ensuring law impacted property owners. 00:47:04
Are included as parties to the agreement. 00:47:08
Move trees and vegetation and obstruct sight distance, as approved by the county engineer. 00:47:11
If the applicant is to pour gravel or pave the access Rd. which you're an 8 foot apron. 00:47:15
For the evening. 00:47:19
Each the right away and provide a minimum tenants over with the driveway for Highlander fire. 00:47:20
That is all. 00:47:25
OK, right. 00:47:34
So we realized we got three separate tracks. 00:47:36
Same issue for all three tracks, that's correct. Same commentary for all three tracks, that's correct. 00:47:38
OK. 00:47:43
So, Miss Bosch, I'm going to defer to you. 00:47:45
Of course. So the staff report is the same for all three of them as I assume why they're all three combined, Correct, Correct. So 00:47:48
that's perfectly fine. The applicant agreed to hear all of them at the same time, but you will need to sub three separate ballots. 00:47:53
OK, I got 3 seconds. 00:47:57
OK, perfect. 00:48:02
OK. Any, any questions for Rick, I do. 00:48:04
In staff comments, item number one. 00:48:08
About halfway down, it says. 00:48:12
Their their request currently was served. 00:48:13
Only two additional lots explained a little bit to us what that means. Yeah, he stated in the near future that he is actually 00:48:17
planning on having those developed by his. 00:48:21
The his children that he's gifted to us with the first track. 00:48:25
Being, I think gifted to his daughter who's. 00:48:28
Think she's too young to really. 00:48:31
Do anything with it but currently as to. 00:48:34
Daughters who he only intends to develop two of them right now, but potentially in the future you could develop off. 00:48:37
Three. Well, yeah, the first tract is the only one that wouldn't be developed currently. 00:48:43
He's only going to build 2 initiatives in the near future of those. 00:48:47
2:00 and 3:00 will be. 00:48:51
Develop in the near future. 00:48:52
One may be developed, you know, somewhere down the line. 00:48:53
OK. 00:48:56
So try. 00:48:58
One track doesn't have. 00:48:59
It's not the current. 00:49:00
And then two more. It's 3 total. 00:49:02
It's free total, but there's two proposed developments for tracks two and three in the near future, with track 1 being developed. 00:49:05
I think she said that she, the the daughter that he's going to give that to is too young to really be able to do anything with it 00:49:11
currently, so. 00:49:15
So we have to deal with it as if three houses were to be, but they're all many access via that existing agent. So there's nothing 00:49:20
there now. 00:49:23
No, there's. There's nothing on any of. 00:49:27
OK, OK. 00:49:28
So so I guess. 00:49:33
Maybe I'm just a little slow tonight. 00:49:34
The request currently will only serve. 00:49:38
Two additional single family won't just request to all three. 00:49:40
Eventually Wolver served all three, but currently in the near future it's only going to serve tracks 2 and 3, so he can't. 00:49:44
He needs that access easement. 00:49:50
For all three, I think what he's and I not to be wording about, but I think what he's saying is as is is 9 acres, it would serve 00:49:52
one. 00:49:56
Single family residence and now we're asking for two additional, so you have 3 total. 00:50:00
Click. Thank you. You're welcome. I got it. 00:50:04
And that's the reason why we always are happy when this box is here. 00:50:08
Any other questions for Ray? 00:50:13
Seeing none. Thank you, Ray. 00:50:18
OK. Is the applicant, I know obviously you're here. Mr. Doherty, would you like come forward and speak to? 00:50:20
To us this evening. 00:50:26
If so, state your name and address for the record. 00:50:28
Thank you Rocky Nardi, 5281 Pruer Lane Floyd's Nomson Gander. 00:50:31
This is my surveyor, John Greenforth he's handing out. 00:50:35
The surveys with the. 00:50:39
With what we're what we're requesting. 00:50:42
You can see track 1. 00:50:44
All three tracks make up the 9 1/2 acres and it is landlocked. 00:50:46
The only access is that 30 foot easement. 00:50:50
Right off of open sins. 00:50:54
And like, like Ray said, my, you know, my oldest daughter would like to. 00:50:57
Her and her husband and my grandson, they want to build on track 2 next year. 00:51:02
You know, however long that takes, it takes a long time to get permits and all that. So I'm assuming it's going to be. 00:51:06
Nine months to 12 months. 00:51:11
My middle daughter gets married the end of next year and she'd like to build on track 3 and probably 2027. 00:51:13
And my youngest daughter is 12, so. 00:51:20
She's track 1 is not going to be developed. Hope she she's not happy that they're going to be driving through her. 00:51:22
Yeah, OK. 00:51:30
Any questions? 00:51:33
For Mr. Nardi at this point. 00:51:35
I guess I do have one question as far as. 00:51:38
The the the drainage distance is. 00:51:41
Right on that edge of that. 00:51:44
If you take the drainage ditch out of it, how much actual flat land do you have and how much the way it's surveyed? 00:51:46
There's a pin that's basically right in the middle of the drainage ditch, so we lose. 00:51:53
You lose a few feet maybe. 00:52:01
5 or 6 feet where the. 00:52:03
After it crosses under old Vincennes. 00:52:05
It cuts to the right and then back to the left and it snakes. 00:52:07
Well, it kind of goes right down the property line for the most part, but up close to the road there's a pin or ribbon I saw that 00:52:11
looked like it was in the center. Yeah, there, there are two. There's an existing culvert that someone put in there. 00:52:17
Time ago and that's basically. 00:52:23
Right over top of that, that small cold, OK. 00:52:25
All right. Thank you. 00:52:29
I saw where you've recently. 00:52:30
Graded or a road back into there or whatever. 00:52:32
That was the existing easement and gravel driveway that's been there for I just. 00:52:35
Cleaned it up a little bit. We've also been working on trying to get trash and debris out of the. 00:52:40
The Creek. So my question, my question is, are you going to raise that? 00:52:45
Up any are you going to live? Absolutely, I'm going to put fell down. 00:52:49
And rock and dense Grays so. 00:52:53
Like what? What that's leading to is that looks like the drainage. 00:52:56
Will it need to go across that? 00:53:02
That existing gravel road, do you need a pipe under there if necessary or whatever? I don't. I don't well. 00:53:04
How's the drainage going to get out of there if you raise the road up I guess is my question. Well, the road is. 00:53:11
The drainage is actually. 00:53:16
On one side of the road. 00:53:18
But then there's a second Creek. 00:53:20
That goes east West. 00:53:22
And it has a giant like a. 00:53:24
A 60 inch culvert that was already there that crosses the road, Yes, and and the road crosses that culvert. 00:53:26
And so. 00:53:33
Basically, that's the only place we cross. 00:53:34
The Creek that actually goes across old instance. 00:53:36
So I was just concerned about surface drainage off of. 00:53:41
The the track that you're coming across. 00:53:45
Sure. 00:53:48
I just don't want you trapping water on that gas when I'm getting right. But there's a second Creek that would capture anything 00:53:49
that would come off and then that would be across. 00:53:53
Where your where your property line is with track 1? Is there a Creek back there? Is that what you're singing? 00:53:57
Yes, there's two creeks, one that runs, there's one down this side. 00:54:01
Yeah. And then there's one that runs kind of parallel to old Benson's. It's. 00:54:05
It's about halfway up into track 1. 00:54:09
OK. But but we'll you know the the goal is to not affect any of the drainage. 00:54:13
That's all I was sorry. 00:54:18
Any other questions for Mr. Nardi? 00:54:23
Thank you, Sir. Appreciate it. 00:54:26
OK, so. 00:54:29
We've heard from staff, we've heard from the petitioner this evening. Is there anyone else here this evening would like to come 00:54:31
forward to speak in favor? 00:54:34
This request. 00:54:37
Please come forward and state your name and address for the record. 00:54:38
Hi, I'm Lindsey Sprinkle. I'm the person mentioned at 5287 Old Vincennes, the property that has the easement. 00:54:46
And you'll have to forgive me because I've never been to one of these before, but I think I would count as in favour in this case 00:54:54
because they have obviously a legal right to easement. I want them to be able to use it and enjoy it. 00:54:59
I think what I just have are a lot of questions around what it ultimately means and how common it really is the. 00:55:05
I purchased the house. 00:55:10
I've only been there for a year and a half, so like Mr. Already I'm kind of figuring out how all the land works together. 00:55:11
Umm, an easement for three houses is really different than what the easement initially was. I would prefer. 00:55:18
The variance be accepted because I don't want to have to deal with a 50 foot easement. I think that would be. 00:55:24
Just a massive burden on the property. I do have concerns with volume of traffic coming in and out for three properties but again 00:55:30
I want them to be able to use and enjoy their their space. 00:55:36
I wanted to ask. 00:55:42
With there's questions I think involving property value that obviously Ray spoke to, but. 00:55:46
My main question is if. 00:55:52
Well, I don't know if you can answer if I'm just speaking to you, but my main concern with property value is really just that 00:55:54
there is a lot of construction to work on the easement and maintain it. 00:55:59
I know they're obviously doing the best that they can, but the construction noise is intense. There's. 00:56:04
Leaving often and. 00:56:09
I think if I were to try to show the property at this point. 00:56:11
It would obviously be difficult to sell just purely from the construction happening on and right next to my property. I don't know 00:56:14
if ultimately any of this makes a difference, but given that part of this is about property value, I did just want to speak 00:56:19
because I think it's relevant. However, I think it would be an even bigger burden if it were a 50 foot easement. And so for that 00:56:24
reason, I think I count as in favor, but. 00:56:30
Ultimately just here to listen and kind of hear what's being proposed given that it's my property it's passing through to get 00:56:35
there, so. 00:56:39
I think that's all I have in my notes. 00:56:43
So one of the things. 00:56:48
Should this get approved? 00:56:50
Is we will have. 00:56:52
Him, you and him signed a road maintenance agreement. 00:56:53
And that way you can protect. 00:56:57
He makes sure he maintains it, takes care of it, keeps it neat. 00:57:00
That's all part of the road maintenance agreement to go across your property. 00:57:04
And yes. 00:57:08
When somebody's building something, you're going to have to just tolerate a little bit of noise. But most. 00:57:09
Construction six months to year and somebody's. 00:57:13
Done, you know? Well, it sounds like this will be for. 00:57:17
A decade? Well. 00:57:20
The roadway, but the roadway will only be a short period of time across your property. Sure. 00:57:22
And then there are, then he's on his property with the other work so. 00:57:28
That all makes sense to me. I did just want to ask too. I don't know what impact the drainage situation makes. 00:57:33
Maybe just for your awareness. 00:57:39
Significant There will be significant drainage problems at the entrance to where the easement is crossing the Creek. 00:57:41
You probably have already seen it where the debris is, but water pools significantly in that area. So there may have to be some 00:57:46
kind of a drainage solution. I think it's technically on your property, but. 00:57:51
So, but that is an issue. 00:57:55
But yeah, it's exciting to be here tonight and listen, say hi to everybody and that's all I have. 00:57:58
Thank you. 00:58:03
Is there anyone else here this evening that would like to come forward and speak in favor? 00:58:07
This request. 00:58:11
Seeing no one else. 00:58:15
We will close that section. 00:58:16
Open the floor to anyone who would be here in opposition to the request. 00:58:19
Please come forward, Sir, and state your name and address for the record. 00:58:24
Tim Fentress, property owner, 2740 N Luther Rd. 00:58:29
That 30 foot easement has been there. 00:58:34
For years and years and years. 00:58:37
We go by our zoning ordinances. 00:58:40
Am I correct? 00:58:44
Because I'm reading it right. 00:58:46
Two houses. Three houses. 00:58:48
30 foot easement will not take care. 00:58:50
You say you might listen. 00:58:53
Then those. 00:58:55
30 foot easement. 00:58:57
In new ordinances. 00:58:59
Will not take care of these three. 00:59:00
Building that's being applied for tonight. 00:59:03
That's your question. Ask my question. 00:59:07
You're you're not recording. 00:59:10
A exception from our ordinance because. 00:59:17
That he can't widen the easement because he. 00:59:21
It's on me. He doesn't own it. 00:59:23
So it seemed like that opens up Pandora's box for a lot of people up through Lafayette Township. 00:59:25
I know 4. 00:59:31
That are watching this. 00:59:33
They want to know what happens here. 00:59:34
You make an exception here. 00:59:36
My conception here. 00:59:38
That's why I'm opposed to it. 00:59:39
Many years ago, my dad was gonna buy that. 00:59:41
We all know what the property line was Top Hill. 00:59:44
And when he looked at it. 00:59:47
He could have bought it for $5000. 00:59:50
But it was mentioned Nan. 00:59:52
That it would be a great spot for one nice big home. 00:59:54
For a person to live in and enjoy his property. 01:00:00
Not with houses 10 feet on either side of. 01:00:03
It still holds true today. 01:00:06
But it's a lot more expensive. I can understand that. 01:00:08
But. 01:00:12
This is going to create a problem in the future I think. 01:00:13
Because these narrow easements and. 01:00:17
Places like this all over Floyd County. 01:00:20
The big tracks have been sold off these places. 01:00:23
Just like that the setting waiting. 01:00:26
To see. 01:00:28
What happens? 01:00:29
And this is one of them. 01:00:31
I got one other little thing I want to add. 01:00:34
It's a personal thing. 01:00:36
Spend a lot of time on that ground when I was a kid. 01:00:38
Shot and 1st deer up there. 01:00:41
Also habitat. 01:00:43
In this town. 01:00:45
The wildlife is Fairmont. 01:00:47
It's disappearing. I hate to see that go on. 01:00:49
But that's my person. 01:00:52
I'm asking if you. 01:00:54
To deny this request here. 01:00:55
Thank you. Thank you, Mr. Fentress. 01:00:57
Is there anyone else here this evening that would like to speak in opposition? 01:01:00
Please state your name and address for the record. 01:01:05
Good evening. Good evening. My name is Dennis Koopman. 01:01:08
I live in Florida. I'm representing my dad. 01:01:11
Who owns a 5151 old Vincent Rd. 01:01:13
And I know some history of that as well. I grew up there. 01:01:17
A little bit younger than Till. 01:01:21
The existing easement is nothing more than a field easement. 01:01:23
That piece of that piece of property was a pasture. 01:01:27
I know because my dad helped fence it. 01:01:30
So to say you're going to run three homes up a field. 01:01:33
I agree with Tim, that doesn't make any sense. 01:01:37
But my bigger issue and my concern is, has drainage really been looked at adequately? 01:01:40
And I'm not talking about the Creek that goes under. 01:01:46
Old Vince and Road. I'm talking about this. 01:01:49
Smaller brains that goes all the way to the top of the hill. 01:01:52
At the shop property. 01:01:55
And then down the hill to the to the four way stop. 01:01:57
That entire valley. 01:01:59
Drains to that. 01:02:01
Small *****. 01:02:03
I've seen it wash out. 01:02:05
I help dad pull 60. 01:02:06
60 inch culvert that washed out there years ago. 01:02:08
If you drive best property, you'll see that culvert land at the edge of the Creek. 01:02:12
It's a 60 inch coat. 01:02:16
So I question. 01:02:18
As the drainage of that property. 01:02:19
The Shaw property. 01:02:22
The property that was developed by John Copas. 01:02:24
Andy Beach, all of that funnels. 01:02:26
To that small ditch. 01:02:29
Where they're planning on cross. 01:02:31
I wouldn't say I oppose it for that, but I would certainly ask that the engineering be looked at close. 01:02:34
Sure. Thank you. 01:02:40
Thank you. Thank you for your input. 01:02:41
Is there anyone else? 01:02:44
Here this evening I'd like to speak in opposition. 01:02:45
This request. 01:02:48
Seeing none. 01:02:53
We'll close that section and we'll come back to you, Mr. Nardi or your representative. 01:02:55
If you'd like to come and address the. 01:03:00
Things that have been. 01:03:02
Florida. 01:03:03
Since we've been trying to clean up the. 01:03:09
The access we have noticed that that. 01:03:12
That 60 or whatever it is. 01:03:15
It's on the upstream side. It is nearly. 01:03:18
Full of debris. 01:03:22
And I would say that has to be contributing. 01:03:23
The any any drainage issues that's had. 01:03:27
Now that I'm the owner of the property. 01:03:30
I plan to. 01:03:32
Keep that maintained. Keep the debris out of the Creek so everything flows as it should. 01:03:34
And then hopefully that'll that'll cure a lot of the issues that. 01:03:38
The surrounding residents have seen in the past. 01:03:42
So, OK, any other questions for Mr. 01:03:45
OK. Thank you, Mr. Nordy. 01:03:51
So we've heard from the petitioner, we've heard from the public. 01:03:55
Do we have a ballot? 01:04:00
What cannot nick or can I ask you all one of y'all a question? 01:04:01
When when they get around to building. 01:04:06
The houses are the road. Will they have to come in and get? 01:04:10
Any kind of permit or have the drainage looked at as part of their application. 01:04:14
Yes, building plans are to have drainage. 01:04:23
Flow indicated on them. 01:04:28
And and they'll look there. It's looked at that which way. 01:04:30
How's the building? 01:04:32
I mean that's I don't. 01:04:35
That's not normally something. 01:04:37
This board looks at. 01:04:39
Will be part of the Pearl. 01:04:41
A single home or. 01:04:45
You know, on each lot. 01:04:46
Wouldn't require a full drainage review. 01:04:48
No, simply look to see where. 01:04:51
Properties indicated that. 01:04:55
Drop down. Make sure that. 01:04:58
But I mean, somebody's brought up the same, a similar concern as I had. So I just think it needs at some point it needs to be 01:04:59
reviewed so we don't. 01:05:02
Yeah, creative. They are included on building plans and. 01:05:06
And cyclins. 01:05:10
OK, it will be reviewed at a later date. 01:05:13
Thank you. 01:05:16
OK. Any other questions from the board? 01:05:19
Our discussion amongst the board. 01:05:22
Do we have a ballot? 01:05:25
I do. 01:05:27
But I have a question. 01:05:28
Before I start. 01:05:29
So I need to read a ballot for track 1. 01:05:31
Track 2 and track 3. 01:05:35
Is that correct? That is correct. Just start with one vote on it. 01:05:37
Then do to then vote on it. But if they're all similar he could just say. Could he not say no? 01:05:41
You have to read all three of them. 01:05:47
And vote on each one of them. You owe me. 01:05:49
Sorry. 01:05:51
OK, all righty. This is Docket FC-11-205-31, petitioners name. 01:05:53
Rocky Nardi. 01:06:00
After curfew, the board finds that. 01:06:03
Item one approval of the variance will not be injurious to the public health, safety, morals and general welfare. 01:06:07
Of the community because the existing 30 foot. 01:06:14
Access easement is adequate to support emergency provisions. 01:06:16
The Highlander Fire Department indicated they have no concerns regarding emergency access, but recommended the drive. 01:06:20
Include a stable gravel base. 01:06:27
And minimum. 01:06:30
Of an 8 foot. 01:06:32
Apron. 01:06:34
And travel width of 10 to 12 foot to ensure proper maneuverability. 01:06:35
Additionally. 01:06:42
The lots. 01:06:43
That will require access via the non conforming easement. 01:06:44
Will meet the 50 foot. 01:06:48
Easement requires. 01:06:50
The request currently will only serve two additional single family homes. 01:06:53
Excuse me, a very low density residential use consistent with surrounding rural and suburban residential patterns. 01:06:58
The traffic that was. 01:07:06
That will be generated. 01:07:07
Will be minimal. 01:07:09
And does not create a hazard. 01:07:10
To existing roadways or traveling public. 01:07:12
Additionally, there will be. 01:07:15
More than 300 foot of site distance in either direction. 01:07:17
Item number 2. 01:07:22
The use and value of the area adjacent to the property, including the variance. 01:07:23
Will not uh. 01:07:28
Be affected in a substantial adverse manner because. 01:07:29
Proposed 2 homes. 01:07:32
That will utilize the easement. 01:07:34
Represents low density. 01:07:36
Residential development. 01:07:38
That is inconsistent with the. 01:07:39
Established character of the surrounding area. 01:07:41
The addition. 01:07:45
Of two single family residents. 01:07:46
That will utilize easement in the near future will not generate significant traffic. 01:07:49
And therefore will not have substantial impact. 01:07:54
On either the value or the use of the neighboring properties, with the exception of the additional use of the private access 01:07:57
drive. 01:08:00
Additionally. 01:08:05
The use of an existing easement. 01:08:06
Does not introduce. 01:08:09
An incompatible. 01:08:10
Land use and further development. 01:08:12
Of vacant tracks. 01:08:14
May enhance neighboring. 01:08:16
Property values. 01:08:17
Item number 3. 01:08:19
The strict application. 01:08:20
Of the terms of the zoning ordinance will. 01:08:22
Result. Practical difficulties. 01:08:25
In the use of the property because. 01:08:27
That lots would not. 01:08:29
Wouldn't would not be able to be developed without a variance. The easement already exists and provides access to the tract. 01:08:32
Under under strict application a lot is not. 01:08:39
A buildable lot. 01:08:43
The variance. 01:08:45
Does not involve a structure that is near an airstrip. Regulated under Indiana Code 8-201-10. 01:08:46
There is not an airstrip in the vicinity. 01:08:53
The Board of Zoning appeals hereby grants. 01:08:59
The petitioner of variance at the meeting held on the eighth day of December. 01:09:04
2025. 01:09:08
The approval by the Board is subject to the completion of the following conditions. 01:09:10
Record a use and maintenance agreement. 01:09:15
For the access agreement. 01:09:18
Ensuring all impacted property owners are included. 01:09:20
As parties to the agreement. 01:09:24
Remove trees. 01:09:27
Or vegetation that obstructs sight distance as a. 01:09:29
Approved by county engineer. 01:09:32
If the applicant is to lay gravel or pay the access Rd. ensure. 01:09:35
And and I've changed this from the staff report. 01:09:40
To a 20 foot apron. 01:09:44
Where the easement meets the right. 01:09:47
Provide a minimum. 01:09:51
Of 10 to 12 foot with driveway. 01:09:52
Per Highlander FAR. 01:09:56
That finishes my ballot. 01:09:58
OK, we have a ballot. 01:10:02
Do we have second? 01:10:03
I'll second. 01:10:05
The ballot in a second. Any other questions from the board? 01:10:06
Comments. Umm. 01:10:09
All those in favor signify by saying aye. 01:10:10
Sun motion passes. 01:10:14
One down to more to go. 01:10:16
All right. 01:10:19
Lot 2. 01:10:23
All right, Docket FC-11-205-32. Rocky Nardi. 01:10:25
Track 2. 01:10:31
After careful review. 01:10:33
The review the board finds that. 01:10:35
Item 1. 01:10:38
Approval of the variance will not. 01:10:39
Be injurious to the help public health. 01:10:41
Safety. Morals. 01:10:43
In general and general welfare of the community. 01:10:45
Because. 01:10:49
Existing 30 foot access easement is adequate to support emergency provisions. 01:10:50
The Highlander Fire Department indicated. 01:10:55
They have no concerns regarding. 01:10:57
Emergency access, but recommends. 01:11:00
That to drive include. 01:11:02
Included include a stable gravel base. 01:11:05
An 8 foot apron. 01:11:08
And a travel with. 01:11:10
10 to 12 foot to ensure proper maneuverability. 01:11:11
Additionally, the lots that will require access. 01:11:14
Via the non conforming easement will meet. 01:11:17
The 50 foot easement requirement. 01:11:20
The request currently. 01:11:22
Will only serve two additional single family homes. 01:11:24
A very low density residential use consistent. 01:11:28
With surrounding rural and suburban. 01:11:31
Residential patterns. 01:11:33
The traffic that will be generated. 01:11:34
Will be minimal. 01:11:36
And does not create a hazard to existing roadways. 01:11:37
Are traveling public? 01:11:40
Additionally. 01:11:42
There will be more than 300 foot. 01:11:43
Sight distance. 01:11:45
In either direction of the drive. 01:11:47
All right. 01:11:53
Item number 2. 01:11:55
The use and value of the adjacent property. 01:11:58
Adjacent to the property included in the variance will not be affected. 01:12:01
In the substantial adverse. 01:12:06
Matter because the. 01:12:07
Proposed 2 homes. 01:12:09
That will utilize the easement represents low density residential development. 01:12:11
That is inconsistent. 01:12:16
With the established character of the surrounding area. 01:12:18
The the additional. 01:12:21
Of two single family residents. 01:12:23
That will utilize easement in the near future will not generate significant traffic. 01:12:25
And therefore. 01:12:29
Will not be. 01:12:31
Substantially impact on either the value or the use of the neighboring properties. 01:12:32
With the exception. 01:12:36
Of additional use. 01:12:37
Of the private access drive. 01:12:39
The use of the existing easement. 01:12:42
Does not introduce an incompatible. 01:12:44
Land use. 01:12:47
And further development of vacant tracks. 01:12:49
May enhance neighboring. 01:12:51
Property values. 01:12:53
#3. 01:12:55
The strict application of the terms of the zoners will. 01:12:56
Result in practical difficulties in the use of property because. 01:12:59
The lots would not be able to be developed without a variance. 01:13:03
The easement already exists. 01:13:07
And provides access to the tract under strict application lot is not a buildable lot. 01:13:08
Item number 4. 01:13:15
The variance does not involve a structure that is near an air. 01:13:16
Regulate under code Indiana code. 01:13:20
8-201-10. 01:13:22
There is not an airstrip in the vicinity. 01:13:24
The board of Pier. 01:13:31
Appeals hereby grants the petitioner. 01:13:33
Appearance at the meeting held on the eighth day of December. 01:13:37
2025. 01:13:40
The approval of the Board is subject to the completion of the following conditions. 01:13:42
Record a use of maintenance agreement for the access easement, ensuring all impacted. 01:13:46
Property owners. 01:13:51
Are included as parties to the Green. 01:13:52
Remove all trees vegetation that have struck sight distance. 01:13:55
As approved by county engineer. 01:13:59
If the applicant is to lay gravel or pay the excess Rd. insurer. 01:14:01
A 20 foot apron. 01:14:05
Where the easement meets the right away. 01:14:06
Provide a minimum of 10 to 12 foot width Dr. per Highlander fire. 01:14:08
That concludes my. 01:14:13
OK, we have a ballot. Do we have a second? 01:14:16
I'll second it. 01:14:18
The ballot in a second. 01:14:19
Any other questions? 01:14:21
All those in favor signify by saying aye aye. Any opposed like sign. 01:14:22
That's another one that passed. We have one more. 01:14:27
Priority to consider. 01:14:30
All right. 01:14:31
All right, Docket FC-11-205-33 Petitioners name Rocky Nardy. 01:14:34
After careful review, the board finds that. 01:14:41
Item one approval of variance will not. 01:14:44
Be injurious to the public health, safety, moral and general welfare of the community because. 01:14:48
Existing 30 foot access easement is adequate to support emergency provisions. 01:14:54
The Highlander fart. 01:14:59
Department indicated they have no concerns regarding emergency access, but recommended the drive include a stable. 01:15:00
An 8 foot. 01:15:07
To travel with of 10 to 12 feet. 01:15:08
To ensure proper maneuverability. 01:15:11
Additionally, uh. 01:15:13
The lots that require access via the nonconformations. 01:15:14
We'll meet the 50 foot easement requirement. 01:15:18
The request currently will only serve. 01:15:21
Two additional single family homes. 01:15:24
A very low density resonance use. 01:15:26
With surrounding rural, suburban residential patterns. 01:15:28
To traffic that will be generated. 01:15:31
Will be minimal. 01:15:33
It does not create a hazard. 01:15:34
To existing railways of traveling public. 01:15:36
Additionally. 01:15:39
There will be more than 300 foot of sight distance in either. 01:15:40
Direction of the drive. 01:15:44
Item number 2. 01:15:46
The use and value of the area adjacent to the property, including the variance. 01:15:47
Will not be affected in a substantial adverse manner because. 01:15:52
The proposed 2 homes. 01:15:56
That will utilize easement represents low density residential development. 01:15:58
That is inconsistent. 01:16:02
With the established character of the surrounding area. 01:16:04
The additional of two single family residences that will utilize easement in the near future will not generate. 01:16:07
Significant traffic and therefore will not have a substantial impact. 01:16:13
On either the value or the use of the naming properties. 01:16:18
With the exception. 01:16:21
Of additional use. 01:16:22
Of a private access drive. 01:16:23
Additionally. 01:16:25
The use of the existing easement does not introduce. 01:16:26
Incompatibility. Umm. 01:16:29
Land use and further development of the vacant tracks may. 01:16:31
May enhance neighboring property values. 01:16:35
The strict application. 01:16:37
Of the terms of the zoning arts will result in practical difficulties. 01:16:39
In the use of the property because the lots. 01:16:43
Would not be able to be developed without a variance. 01:16:45
The Eastman already. 01:16:48
It provides access to the tract under strict application law is not buildable. 01:16:50
The variance does not involve a structure. 01:16:55
That is near an airstrip and regulated under cold Indiana code. 01:16:57
8-201-10. 01:17:01
Therefore, there is not an airstrip in the vicinity. 01:17:03
The Board of Zoning appeals hereby grants. 01:17:09
The petitioner at the meeting held on the eighth day of December, 2025. 01:17:12
With the approval by the Board is subject to the completion of the following conditions. 01:17:17
Record a use and maintenance agreement for the access. 01:17:23
Easement and ensure all impacted property owners are included. 01:17:26
As party of the agreement. 01:17:29
Remove trees or vegetation that obstructs. 01:17:31
Sight distance as. 01:17:34
Approved by county. 01:17:35
Engineer. 01:17:37
If the applicant is delayed gravel or pave. 01:17:38
The Access Rd. 01:17:40
Ensure a 20 foot apron. 01:17:41
Where the easement meets the right away. 01:17:43
Provide a minimum of 10 or 12 foot width. 01:17:46
Driveway, you know. 01:17:49
Per Highlander Farm. 01:17:51
That concludes my. 01:17:53
OK, we have a ballot. Do we have a second ballot and a second? 01:17:55
The questions. 01:18:00
All those in favor signify by saying aye. Any opposed like sign. 01:18:01
All three of those fast. 01:18:05
Thank you for coming in tonight, Mr. Nardi. 01:18:07
Our next agenda is agenda item number six is FC-11-205-24. 01:18:11
It is a conditional use permit and Ray is going to explain to the board that one. 01:18:18
The petitioner is a New Albany slash Floyd County consolidated schools. The location is 6575. 01:18:23
Aldenson Rd. Floyds Knobs IN 4/7. 01:18:29
The request is conditionally used for school, public or private. 01:18:33
And the zoning district is rural residential, so go into the overview. 01:18:36
The applicant is requesting A conditional use permit to construct A2 Story 88. 01:18:40
800 square foot. 01:18:44
The nation of Floyd Central High School each formal measure approximately 4. 01:18:46
4400 square feet. The first floor of the weight room with a performance turf area. 01:18:50
Storage rooms and restrooms. 01:18:54
2nd floor will primary function as a Chairman studio with additional general storage, 7 offices and three restrooms. 01:18:56
The applicants representatives. 01:19:02
Sorry to have this representative is also indicated that an elevator and vegetable. 01:19:05
Maybe incorporated during the bid process based on budgetary constraints. 01:19:09
The proposed addition will be located it is to the eastern parking area nearest to the intersection of Old Vinson Road and 01:19:12
Benchmark Drive on the existing campus. 01:19:16
The additionally full. 01:19:20
Fully connected to the existing high school building, they'll be completely enclosed. 01:19:22
The current sidewalk is here will be removed to allow for an extension that links directly to the new structure. A new entrance 01:19:25
will also be installed on the side of the. 01:19:29
Addition Placing hold of Vincennes Rd. 01:19:32
Instruction is slated to commence in the summer. 01:19:35
Subject properties The 92 acre campus, the houses. 01:19:37
Floyd Central High School. 01:19:40
Property about social insurance offenses. Road to the north in Edwardsville. Molina Road to the southwest. 01:19:41
Adjacent Properties All properties surrounding these subject properties On rural residential The properties located to the North 01:19:47
and South. 01:19:50
Comprising single family residences and vacant land. Vacant land. 01:19:54
Properties directly to the east and West. 01:19:57
Consists of other parts of the school's campus, including a parking area, a baseball field and a football stadium. 01:19:59
Going to the staff comments, the conditional use will not be injurious to the public health, safety, morals and general welfare 01:20:06
community. 01:20:08
The Rose edition would not be adjourned to the public nor create any significant hazards related to air, light or sound. All 01:20:12
activities associated with the additional occur indoors and the structure will be located adjacent to the primary school building. 01:20:18
Ensuring unattractive access for emergency services and maintaining safe. 01:20:24
Circulation through throughout the second. 01:20:28
Traffic impacts are expected to be minimal as the additional increased student enrollment or generate substantial new trips who 01:20:30
are from the. 01:20:33
Property Existing parking facilities are sufficient to accommodate users of the new space. 01:20:36
New spaces and any temporary traffic increases. 01:20:42
Will be limited to the construction period. 01:20:45
Additionally, the applicant has submitted a capacity letter from the utility provider serving. 01:20:47
That there is sufficient capacity for sewers to serve in addition. 01:20:51
To the use and value of the area adjacent to the property, including the variance will not be. 01:20:54
Affected in substantially adverse matter as the subject property is existing high school, the proposed. 01:20:58
Addition is consistent. 01:21:04
With the established educational use and not be substantially adverse to. 01:21:06
Adjacent Properties The addition is located within the existing campus banner and be fully integrated with the main school 01:21:09
building. 01:21:12
Ensuring that the expansion remains compatible with the existing character. 01:21:15
Inflection of the site. 01:21:18
The design of the edition will not alter the overall character of the school and over the encroaches surrounding residential or 01:21:20
commercial areas. 01:21:23
Because the proposed facilities. 01:21:26
Support the schools and tailor purpose and design tradition or incompatible uses. The project is not expected to negatively impact 01:21:28
the value or use of adjacent properties. 01:21:32
The need for the conditional use does arise or does result. 01:21:36
Conditions unusual or peculiar to the subject property. 01:21:39
The property has limited available land use. 01:21:42
Due to existing. 01:21:46
Infrastructure or land due to existing infrastructure. 01:21:47
Rather than building the proposed addition elsewhere, the applicant is requesting to build all the existing campus or ease of 01:21:50
access for staff and students. 01:21:53
For the strict applications in the terms of the zoning ordinance will result in a necessary hardship and the use of the property. 01:21:56
Proposed use is a permitted conditional use. 01:22:02
Described in those unicorns is appropriate for the hard. 01:22:04
District and is compatible with the exist. 01:22:07
That now the request could hinder this institution's ability to effectively serve its faculty and student body as a growing 01:22:09
educational. 01:22:12
Facility and expanding program facilities. 01:22:15
#5 approval of conditions will not contradict the goals and objectives of the Floyd County Comprehensive Plan because. 01:22:18
Your questions align with the Comprehensive Plans principles. Smart Growth because it allows for the efficient use of limited 01:22:24
land. 01:22:27
Direct developments toward existing communities. 01:22:30
And takes advantage of compact building design. 01:22:32
By utilizing infill, development will make it land on the existing school campus. 01:22:34
Staff recommendations are to obtain its construction design release from the state prior to obtaining the building permit. 01:22:38
That is all. 01:22:44
Any questions for Ray? 01:22:45
Thank you, Greg. 01:22:48
Is the petitioner or representative of the petitioner here this evening? 01:22:51
Please come forward, state your name and address for the record. 01:22:56
Good evening. My name is Greg Bennett. I'm with Heritage Engineering and we're located at 603 N Shore Drive in Jeffersonville, IN. 01:23:02
47130. 01:23:11
We're the civil engineers for the project and representing the new opening. 01:23:13
For school district. 01:23:17
I don't really have any presentations, just here to answer any general questions that you may have. 01:23:19
About the projects. 01:23:24
Any questions for Mr. Bennett? 01:23:25
So the existing sidewalk, that's going to be an internal hallway. 01:23:27
Yes, that becomes an internal hallway. Yes, at that time. 01:23:30
All the exits are ingress. Egress on the existing building will remain, they'll just be enclosed within the construction structure 01:23:34
there so. 01:23:38
OK. Other questions? 01:23:43
Seeing none, that was pretty quick and easy. 01:23:48
Thank you. Yeah. 01:23:50
OK, So we've heard from the staff, we've heard from the petitioners. Is there anyone else here this evening that would like to 01:23:52
come forward to speak in favor? 01:23:55
Of this application. 01:23:58
See none. Is there anyone here that would like to come forward and speak in opposition? 01:24:02
To this request. 01:24:06
OK, then. Do we have a ballot? I have a ballot. 01:24:10
Docket FC-11-205-34 Petitioner New Albany Floyd County Consolidated Schools. 01:24:13
Africa for review the board finds that number one, the condition for use will. 01:24:20
Not be interest to the public safety, health, morals and general welfare of the community because the structure will be located 01:24:25
adjacent to the primary school. 01:24:29
Building Insuring. 01:24:33
Unrestricted access for emergency services and maintaining safe circulation throughout the site. 01:24:34
Traffic impacts are expected to be minimal as the addition will not increase student enrollment. 01:24:40
Or generate substantial new trips to and from the property. 01:24:45
The existing parking facilities. 01:24:49
Are sufficient to accommodate users of the new space. 01:24:51
In any temporary traffic, increases will be limited to the construction period. 01:24:54
Additionally, the applicant. 01:24:58
Applicant has submitted a capacity. 01:25:00
Letter from the utility providers. 01:25:02
Assessing that there is sufficient cap. 01:25:05
Capacity for sewer to serve the. 01:25:09
#2 the use and value of the area adjacent to the property will not. 01:25:12
Will not be adversely affected because the subject property. 01:25:15
Is an existing high school. 01:25:18
The proposed addition is consistent with the established education. 01:25:21
Educational use and will not. 01:25:25
The adverse to. 01:25:27
Adjacent Properties The addition is located within the existing campus boundary. 01:25:29
And will be fully integrated with the main school building. 01:25:34
Ensuring that the expansion remains compatible with the existing character and function of the site. 01:25:37
The design of the addition will not alter the overall character of the school. 01:25:43
The proposed facility supports the school's intended purpose and does not introduce new. 01:25:47
Are incompatible uses the project is not expected. 01:25:52
To negatively impact the value or use of adjacent properties. 01:25:56
#3 the need for the. 01:26:00
Conditional use. 01:26:02
Does result from any conditions? 01:26:03
Unusual or peculiar? 01:26:06
Through the property itself, because the property has limited available land use to existing. 01:26:07
The property has limited available land. 01:26:16
Due to existing infrastructure. 01:26:18
The applicant is requesting to build it on the existing campus. 01:26:20
For ease of access for staff and students. 01:26:24
#4 Strict application of the terms of Floyd County zoning ordinance. 01:26:26
Will result in an unnecessary hardship in the use of property because the proposed use is permitted. Conditional use describing 01:26:30
the zoning gardens. 01:26:34
It's appropriate for the. 01:26:39
Of the art district and is compatible with. 01:26:40
The existing use. 01:26:43
Denial of the request could hinder. 01:26:45
The institution's ability to effectively serve the facility. 01:26:47
And student body as growing educational facility and expanding programs. 01:26:51
And the facility needs. 01:26:55
#5 Approval of the. 01:27:00
Conditional use will not. 01:27:01
Contradict the goals. 01:27:03
And the projectives of Floyd County Comprehensive Plan because the request is in line with the comprehensive plan principles. 01:27:05
Of smart growth because it allows for the efficient use of limited land and takes advantage. 01:27:11
Of compact building design by utilizing infill development. 01:27:16
On vacant land of the existing school campus. 01:27:20
The Board of Zoning. 01:27:23
Appeals here by grants the petitioner conditional use. That the meeting held on the eighth day of December 2025. 01:27:24
Approved by the Board subject to completion. The common condition. 01:27:30
Obtain a construction design release from the state. 01:27:34
Prior to obtaining a building permit. 01:27:37
That completes my ballot. 01:27:39
OK, we have a ballot. Do we have a second? 01:27:41
I'll second. 01:27:43
Move the ballot and a second any other. 01:27:44
Comments from the board. 01:27:47
Seeing none, all those in favor signify by saying aye aye. Any opposed like sign. 01:27:49
Congratulations. 01:27:53
Ashes as well. 01:27:55
OK, moving on our agenda this evening we have only have two more items on our agenda #1. 01:27:57
And it was included in the packets that went out. 01:28:03
In advance of tonight's meeting. 01:28:06
We sent out a list of our meeting dates and turn in schedules for 2026. 01:28:08
I'd like to to know that all of you have had a chance to review those. 01:28:14
And if we have any? 01:28:18
Comments. 01:28:20
Or umm, uh. 01:28:21
Modifications we need to make bring those up now, otherwise we'll need to vote on those. Is that correct, Kristen? 01:28:23
Yeah, we can always move one at a later date if we need to. One question I have. 01:28:28
I apologize it didn't look at some of these Mondays. Did we move any to 1/3 Monday? 01:28:32
No, OK. 01:28:38
Then I don't think I have any comments. 01:28:39
OK. 01:28:41
Any other? 01:28:43
Comments regarding next year's meeting dates. 01:28:44
I'll make a motion we approve as presented. 01:28:47
OK, we have a motion. Do we have a second? 01:28:49
I'll second motion and 2nd all those in favor signify by saying aye aye. 01:28:51
Any opposed like son? 01:28:56
All right. And then the final item on our agenda this evening. 01:28:58
Is. 01:29:02
The legal contract review for. 01:29:03
Christie services going forward Christine for. 01:29:05
We have been doing 2 years. That's what I thought. Current one expires the end of this calendar year. 01:29:11
OK, so. 01:29:16
These were circulated also in advance and I've seen everybody had changed to look them over. 01:29:18
I certainly did, and I did not see anything that jumped out at me. It's very consistent with what we've been doing. 01:29:23
And I think on an editorial note, I would just add that I think. 01:29:28
Miss Fox has done a fantastic job. 01:29:32
Working with our board over the years she has served us and. 01:29:35
I am. I think we would probably all agree that. 01:29:40
We have been very well served with her guidance so. 01:29:43
Unless there are questions or comments, I would entertain a motion. 01:29:47
To recommend, we don't approve this contract, we recommend it to the Planning Commission, so. 01:29:50
We'll just need to. 01:29:56
Make a motion to recommend approval. 01:29:57
To the PC. 01:29:59
Also move. 01:30:01
We have a motion. Do we have a second? 01:30:02
Second motion is a second. 01:30:03
All those in favor signify by saying aye. Any opposed like son. 01:30:05
Thank you. 01:30:10
You're welcome. Thank you. 01:30:10
Any other items to come before our board this evening? 01:30:12
OK. I would entertain a motion to adjourn. I move to adjourn. 01:30:16
Second motion. Second, all those in favor signify by saying aye aye. 01:30:19
We are hereby adjourned. 01:30:23