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Event transcript
I got injured. 00:00:01
Forever. No, I'm not bringing it back out. 00:00:04
At the bottom. 00:00:10
Mr. Mahmoud Song sung. 00:00:14
I'll get it done. 00:00:18
All right. Good evening, everybody. I would like to call tonight's Floyd County Board of Zoning Appeals meeting to order. 00:01:00
It is 5:00 on the dot and we will begin this evening with roll call. 00:01:06
For people. 00:01:13
Here. 00:01:15
Here. 00:01:16
Here Umm. 00:01:18
Here, OK, so we do have a quorum for the evening, so we will move ahead. 00:01:19
And as we get to the point where? 00:01:25
We're talking about the agenda. Umm. 00:01:28
Before we start, I'll inform everyone of what the impact of not having a full board here means, because we're one member short. 00:01:30
And let you decide as we move forward from there. 00:01:37
Next Next on our agenda this evening is the minutes. The minutes of our prior meeting have been circulated everyone. 00:01:40
Should have had. 00:01:47
Time to review those and I would entertain. 00:01:48
Any corrections, comments or additions to those? 00:01:51
Also moved to accept them as. 00:01:54
OK. We have a motion to approve as presented. Do we have second? 00:01:56
I'll second motion and 2nd all those in favor signify by saying aye aye. 00:01:59
Any opposed like sign the minutes pass. 00:02:03
And with that, we will move into the agenda. But. 00:02:06
Before we start, I would like to. 00:02:10
I would like to. 00:02:13
Ask the board if you would mind. 00:02:15
If we move agenda item 5. 00:02:18
From #5 up to #1. 00:02:20
Does anyone have any concern with moving that to the first slot this evening? 00:02:23
I do not. 00:02:27
No, no. OK. So. 00:02:28
With that in mind, we will start there and I'm going to ask Ray to come and make an announcement about this agenda item and. 00:02:30
Folks, you'll find out in a moment. While we're moving, it's in the interest of efficiency for everyone. 00:02:36
Good evening, everyone. So our office received some documents recently and in order to adequately review this new material and 00:02:42
allow for the board to review this material. 00:02:46
We request to table this item to the November meeting. 00:02:50
So we have a request to table. 00:02:55
And I assume. 00:02:58
Mr. Fox. 00:02:59
We just need to vote on that because we. 00:03:00
We've informed the petitioner, right? So they're OK with that. 00:03:03
OK, that's correct. 00:03:06
OK, so then I would entertain a motion to table agenda item. 00:03:08
Formerly #5 now #1. 00:03:12
Until our November meeting, and that date is. 00:03:14
All right, I'll make I'll make a motion that we table agenda item number 5. 00:03:17
OK to to the next. 00:03:20
November 10th. 00:03:23
What's the date? November 10th? November 10th? 00:03:24
OK, we have a motion, we have a second. 00:03:27
I'll second the motion. Second, all those in favor signify by saying aye aye. 00:03:29
That motion passes and that item. 00:03:33
Has been. 00:03:35
Tabled until our next regularly scheduled meeting. 00:03:37
So now we're going to get into the next 4 items on our agenda. 00:03:44
And for those of you that are going to be remaining here. 00:03:49
For this. 00:03:51
I just want to explain that. 00:03:54
In those cases where we do not have a full board. 00:03:56
That those of you that are on the agenda this evening, we have. 00:04:00
Those of you that will be coming up first. 00:04:05
And then the others without a full board. 00:04:07
If if you're. 00:04:10
Request is denied. 00:04:12
You cannot bring it back. Or is it? 00:04:13
One year. One year? Believe it's one year. 00:04:15
So if you choose. 00:04:18
To postpone. 00:04:19
Your request. 00:04:21
Until such time as we have a full board here, you may, but we do have a quorum. 00:04:22
And we can conduct business. It's just each petitioners. 00:04:28
Choice how you would like to move ahead. 00:04:31
So let's let's move along and we are going to start with FC-09-25. 00:04:34
02/3. 00:04:41
And that is a special exception request. So Ray, do you want to come get the staff report? 00:04:43
The petitioner is Paxton and Melissa Speck slash nice ice machine rental. The location is 4282. 00:04:54
Scottsdale Rd. Floyds Knobs IN 47119 and the request is a special exception. 00:05:01
They're requesting to operate an ice machine rental business. 00:05:07
The zoning district is residential suburban. 00:05:10
I'm going to the overview. 00:05:14
The applicants are requesting a special exception to operate an ice machine rental business in a residential suburban zone 00:05:15
district. 00:05:19
The subject property previously received approval for a special exception at the May 9th, 2023 BCA meeting, docket number FC04. 00:05:22
2311. 00:05:30
For operation of a fleet vehicle company for non-emergency medical transportation. 00:05:32
Prior to that approval. 00:05:36
The property was historically used for commercial uses for decades, with the subject of structure having been built in 1950. 00:05:38
In 2006, a special exception. 00:05:44
Docket ID FC-090. 00:05:47
635 was granted which allowed for a retail wood products use and prior to that special exception, the property was used for 00:05:49
commercial lawn and landscaping business. 00:05:54
As the uses predated the Floyd County zoning ordinance adoption in 2006. 00:05:58
The uses of commercial law was considered legally non conforming. 00:06:02
With the aforementioned special exception in May of 2023. 00:06:06
Bringing the law into performance as there was a change in the legal. 00:06:09
Not performing use. 00:06:11
So a little bit of context. 00:06:13
Property in question received approval for previous special exception at the. 00:06:14
May 9th, 2023 BJ Meeting with the state of conditions 1. Eliminate access drive to Saint Mary's Road. 00:06:18
To install fence to screen parking from neighboring properties. 3 striped parking lot spaces to be 9 feet. 00:06:24
By 18 feet. 00:06:30
For no reverse alarm people is on site. 00:06:32
5 limited hours of operation and sakes verify said septic system ability to serve development. 00:06:34
As it was not presented at the time of the application. 00:06:40
The health department letter, that is. 00:06:44
The applicants have indicated that they intend to use property, store and pair commercial ice machines, which they've stated will 00:06:46
not be a noise burden, and have added that they can provide adequate employee parking on site as well. 00:06:51
Applicants indicated that the property would not serve as a storefront. No customer traffic is expected. 00:06:56
As some of the conditions imposed on the previous special exception. 00:07:01
Are still in place, such as the fencing. 00:07:03
Barrier eliminating the access drive to Saint Mary's Road and strike parking. Much of the site has adequate futures to 00:07:06
accommodate. 00:07:09
The continued operation of a commercial use that will not be substantially noisy nor have customers has indicated. 00:07:12
Indianapolis cover letter. 00:07:18
I wanted. 00:07:20
Number one, the special exception. 00:07:21
Will not be juries to the public health. 00:07:23
Safety, morals and general welfare of community. 00:07:25
Proposed use would not inhibit the provision of emergency services to the existing structure nor neighboring properties. The 00:07:28
proposed. 00:07:31
Business will also have a partner for staff. Will not contribute to staff or traffic. 00:07:34
As there's no storefront. 00:07:38
The applicants have also mentioned that their prayers were not produced significant notes. 00:07:39
#2 the use and value of the area adjacent to the property. 00:07:45
Subject to the special exception, will not be affected in a substantially adverse manner. 00:07:50
This use is considered low intensity is not anticipated to produce traffic. 00:07:54
There are residential uses located around the property, but it's stipulated in the applicants cover letter. 00:07:58
The company vehicles will not have backup alarms and their applicants have said their prayers not be noisy as to not burden the 00:08:03
neighbors quality of life. 00:08:06
That happens if they have indicated that they intend to maintain and improve the property as part of the business as well. 00:08:10
Which may have a positive effect on surrounding property values. The hours of operation are also reasonable and within the scope 00:08:15
of normal operation hours level retail business. 00:08:20
It seems applicants are trying their best to be mindful and accommodating to neighboring properties as possible, given the 00:08:24
location and use of the lot. 00:08:28
#3 The need for the special exception does arise from some condition peculiar to the property involved. 00:08:31
Properties building has been used for commercial uses for over 70 years, given the odd triangular shape of the lot. 00:08:37
Another use such as res. 00:08:42
Would be difficult to be placed on the line and require multiple variances to meet for county zoning ordinance standards. 00:08:44
Residential use of that lot would be burdensome for the applicants and the continued use of the lot. 00:08:50
For commercial use, seems like the only feasible use. 00:08:54
And before the strict application of the terms of the Floyd County zoning ordinance. 00:08:57
Almost open and necessary our trip in the use of the property. 00:09:01
Thought is significantly constrained in terms of feasible permitted uses due to its irregular shape, and would likely require 00:09:04
multiple variances to accommodate other allowable uses. 00:09:08
Historically, the property is operated as a legal non conforming commercial use for years prior to the previous special acceptance 00:09:13
approval. 00:09:16
The change of commercial uses from the properties previous special acceptance of this proposed E requires another special 00:09:19
exception approval. 00:09:22
#5. 00:09:26
The approval of this special exemption will not contradict the goals. 00:09:27
And objectives of Floyd County Comprehensive. 00:09:30
Proposed use is consistent with the smart growth principle of strengthening directed development towards existing communities. The 00:09:33
structure for the proposed use. 00:09:36
Has already been built in the applicant a state of their desire to improve the property. Approval of the proposed use will also 00:09:40
support encourage small local business in the county to provide a service for businesses in the area. 00:09:45
Staff recommendations verify septic system ability to serve the development. 00:09:50
As it was not submitted at the time of the staff report, maintained fence along neighboring properties. 00:09:54
Maintain a barrier eliminating access drive in Saint Mary's Road. 00:09:58
Staff all up in one year and no reverse alarm vehicles on site. 00:10:02
Any questions for Ray while he's here? I do. I may have missed and apologize if I did. 00:10:07
When these ice machines are delivered. 00:10:12
Are they going inside? They will not be stored outside anywhere, no. They'll be repaired. 00:10:14
Repaired inside OK, but I want to be sure that they're they're not going to be like the ones that are. 00:10:20
That are no longer usable or going to be set outside until you get. 00:10:26
Four or five of them where you afford to get somebody to come pick them up. I don't want any of that out any amount side. 00:10:30
OK. All right. 00:10:36
OK. Anyone else? 00:10:39
Any questions for it? No. 00:10:40
Thank you, Rick. 00:10:41
OK, is the applicant or representative for the applicant here? 00:10:43
To speak on. 00:10:46
This matter. 00:10:47
See one of them. 00:10:49
Coming up here, please come forward, state your name and address for the record, please. 00:10:50
I'm almost a spec. 00:10:54
My address is 3911 canable court in Floyd Knobs, Indiana. 00:10:55
OK, Miss Beck, do you want to tell us anything we didn't already hear? I know you've had a response to that question. 00:11:00
I do, I I will. 00:11:05
Just start with the response to the question. Hold on. Thanks. 00:11:07
She needs to verify she wants to continue. 00:11:11
Ah, yeah. Thank you. I forgot. I would like to continue. Thank you. 00:11:13
Thank you. 00:11:17
As just clarifying that they do want their item hurt tonight, even though we're short one board member thing. 00:11:18
And just for clarification, clarification purposes. 00:11:23
You need to have three votes in order for the. 00:11:27
Pass and so with five. 00:11:30
You have a better chance of getting the three votes than with four just. 00:11:33
As a general proposition. 00:11:37
But so I just want you to know you have to have three votes to pass. 00:11:39
OK, OK. 00:11:43
We're still fine with moving on. Thank you. 00:11:45
So to answer the previous question, we will not be storing ice machines outside. Commercial ice machines are very expensive and 00:11:47
they don't. 00:11:51
Operate out in the weather. So in order for us to be able to use those machines that would be inside. In addition to that, the 00:11:56
garage is very large, so we have all the storage space that we need. 00:12:01
To store them on the inside, anything you want to say? 00:12:07
No, I'm sorry. 00:12:11
Please come to the microphone. 00:12:14
Introduce yourself, Sorry. 00:12:16
PAC suspect with nice ice. 00:12:18
And your address is 3911 Community Court. Thank you, Floyd Knobs. 00:12:20
To answer your question. 00:12:25
A lot of, I think. 00:12:26
That you may be. 00:12:27
Thinking about the. 00:12:29
The containers that are outside. 00:12:30
That people go up and get get ice. 00:12:33
That that is not what I'm talking about is whenever you go to fix 1, you find out it's not fixable. 00:12:35
And you are going to discard it. It doesn't go outside until. 00:12:41
You have somebody pick it up and discard. I don't want any. 00:12:45
Any any of that sitting outside? 00:12:49
I just I could see that being a problem with the neighbors. 00:12:51
That would be a problem that no, we don't do that. OK, thank you. 00:12:53
OK. As I said, my name is Melissa Speck. This is Paxton Speck. We own Ice Machine Rental. We started the business in 2021 and it's 00:13:00
grown substantially since then. 00:13:06
We purchased this property a couple of months ago to be able to operate our business out of. In doing so, what that means is that 00:13:12
we will store ice machines there, both the machines that need to be repaired and the new machines that go out to businesses. 00:13:19
If you can kind of imagine like going into a restaurant and then getting a cup of soda and the ice machine that sits on top of 00:13:27
that soda machine. 00:13:31
That's one of the items that we rented businesses. We rented businesses in Southern Indiana and Kentucky. Some businesses you 00:13:35
maybe have heard of that we have run into. Terry Lynn's Cafe is now closed, but she was a customer of ours. 00:13:42
The wine shop was also a customer of ours, so we do have customers here locally. 00:13:49
In this building we will store those machines. 00:13:54
That we received back from customers. 00:13:58
Until we rent them out again. 00:14:00
We will also do repairs. It will not be a storefront. We will not have customers coming there. It's not the type of business that 00:14:02
we have and that won't work. 00:14:07
It won't create noise, nor will it create any kind of nuisance for the area so. 00:14:12
What will happen is that our employees will come and park there in the morning and they will take out one of our two commercial 00:14:18
bands and then they both service our customers at the customer sites and then at the evening they will come back and trade out 00:14:22
their. 00:14:26
Their commercial band of ours for their car and then leave during the day. We would sometimes have somebody there doing repairs on 00:14:31
ice machines. 00:14:36
That would mean things like switching out electronics or maybe switching out plates. It's not anything that's loud at all outside 00:14:41
of the building would not know that something was going on. 00:14:46
So we don't anticipate that we'll have any negative impact on the neighborhood. 00:14:52
We have made an effort to connect with the neighbors, so in addition to sending out the certification that was asked for. 00:14:57
We also sent out a letter with our telephone number and we met with one of our neighbors, specifically the one who's closest with 00:15:04
us that's right adjacent to that building. 00:15:08
Gave them a tour of the building, answered any questions they might had, and they indicated that they were fine with the proposal. 00:15:12
So, umm. 00:15:19
I guess I'll just stop and take any questions that you might have, unless you have something else to add. 00:15:20
So when we were talking about repairs. 00:15:26
It's it's basically. 00:15:28
We're not changing now. 00:15:31
Compressors or anything like that that's in an air conditioning unit. 00:15:32
I actually have people that I will take the machine to and have it into it off site. 00:15:35
It's basically. 00:15:41
If you were talking about this microphone unplugging apart. 00:15:42
Plugging it back in through the new one in making sure it works. 00:15:45
On that. So there's no. 00:15:49
Loud noises, actually, the traffic on the road, there's much noise here that. 00:15:51
Then less than will be in the building. 00:15:55
What about refrigerants? Do you put use refrigerants there or have refrigerants stored? 00:15:57
I do have refrigerant there. 00:16:04
It like I said so. 00:16:06
If I had to use a refrigerant. 00:16:08
I have it because I my EPA license requires me to have that. 00:16:10
But I will take that machine if it if I have to break a seal or anything like that. 00:16:15
I I don't do that. 00:16:20
I take it to. 00:16:21
Actually two other individuals that do that. 00:16:23
Lived in different places so. 00:16:26
I take those type of machines and those repairs to them. 00:16:29
I would, I'm sorry to interrupt your question, but I just want to add that both Paxton and his employees have. 00:16:33
Went through training for certification for that EPA license and to be able to work with that material. 00:16:39
So no large amounts of refrigerant being stored there and laying a recovery? No. OK. 00:16:46
How long is? 00:16:52
What about the ours 9:00 to 5:00 and Saturday? 00:16:54
You had 9:00 to 12:00, that's three hour window. Is that mainly just for picking up or? 00:16:59
I thought it was a little odd you had three hours on Saturday. Didn't seem like much. It's so. 00:17:04
In what our contract if a business calls us before noon? 00:17:08
We'll be there the same day. 00:17:13
So that's why the 12:00. 00:17:14
Time frame on. 00:17:18
So if they call us, we don't work on Sundays. 00:17:19
So if they call us before noon on Saturday, we will go and repair their machine up to business. 00:17:22
So actually you will be having a truck coming, possibly back. 00:17:27
After 12, as far as that goes, yes. 00:17:30
Yeah, no pickup. 00:17:33
You know, just return how many employees? 00:17:35
They have three-part time employees. 00:17:38
So how long is a rental duration? Is this long term rental or is it? 00:17:43
Event rental or how's it? 00:17:47
So. 00:17:48
The rental period could be anywhere. Our short term rental is for three months, so business wouldn't need to pay for three months 00:17:49
at a premium to get that short term rental. 00:17:53
Most of the time, that is. 00:17:58
Places like golf courses. 00:18:00
Who want a machine during the summertime? And then we'll pick those up. 00:18:02
And then store them. But typically we do a 12 month agreement with our customers in the go month to month. 00:18:06
Thereafter, most of our customers are long term, some of them we've had since 2022. 00:18:12
OK, let's all go. 00:18:17
Any other questions? 00:18:20
Thank you guys. 00:18:22
Thank you. 00:18:23
OK, so we've heard from the applicant. 00:18:26
Is there anyone here this evening that would like to come forward and speak in opposition to this request? 00:18:28
Seeing none, we'll close that section. Is there anyone else here this evening that would like to come forward and speak in favor 00:18:36
of the request? 00:18:40
Seeing none, we'll close that section. 00:18:46
And, umm. 00:18:48
Do we have a ballot? 00:18:50
I do OK, we have a ballot. 00:18:52
All righty, this is Docket FC-0. 00:18:56
Dash 25-23 petitioners packs and Melissa Speaks Nice ice machine rental. 00:19:00
After careful review, the Board finds that the special exception will not be injurious to the public health, safety, morals and 00:19:07
general welfare. 00:19:10
Of the Community because the proposal. 00:19:14
Use will not inhibit the provision of the emergency service of the existing structure nor neighboring properties, the proposed 00:19:16
business. 00:19:20
We'll also have parking. 00:19:24
Area for staff and will not contribute to traffic as there is no storefront the applicants. 00:19:26
Have also mentioned that the repair will not. 00:19:31
Will not produce significant noise. 00:19:35
#2 the use and value of the adjacent. 00:19:38
Area adjacent to the property subject to the special exception will not be affected in a substantial adverse manner. 00:19:42
Because this is. 00:19:49
This is. This use is considered low intensity and is not anticipated to produce traffic. 00:19:51
There are residential uses located around the property. 00:19:57
But are stipulated in the applicants cover letter that companies vehicles will not have backup alarms and the applicants will. 00:20:00
The applicants have stated that. 00:20:07
The repairs will not be noisy as to not. 00:20:08
Burden the neighbors quality of life the applicant have. 00:20:12
Have indicated that they intend to maintain. 00:20:16
And improve the property as part of the business. 00:20:19
Use as well. 00:20:22
Which may have a positive effect on the surrounding property values. 00:20:23
The orders of operation are also reasonable and within the scope of normal operating hours. 00:20:27
A local retail businesses. 00:20:32
It seems the applicants are trying their best to be mindful and accommodating to the neighbor. 00:20:35
Properties as fossils given location use a lot. 00:20:40
The need for a special exception does arise from some. 00:20:44
Condition particular. 00:20:47
To the property involved because the property. 00:20:49
Was built and has been used for commercial use for over 70 years. 00:20:52
Given the old triangular shape of the lot. 00:20:56
Another use such as residents would be difficult to. 00:20:58
To be placed on a lot and would require multiple variances to meet. 00:21:02
The Floyd County Standards. 00:21:06
Residential use on the lot would be burdensome for applicants and and the continued use of the lot for commercial use seems like. 00:21:08
The only feasible use. 00:21:17
The strict application of the terms of the Foley County Zoning Ordinance will. 00:21:18
Result in a necessary. 00:21:23
Hardship in the use of the property because the lot is significantly. 00:21:24
Constrained in terms of he's. 00:21:29
In terms of feasible. 00:21:31
Permitted use due to its irregular shape. 00:21:33
And would likely require multiple variances to accommodate other allowable uses. 00:21:35
Historically, property has operated as a legal, non conforming commercial use. 00:21:41
For years prior in this. 00:21:45
Previous special exception approval. 00:21:47
The change in commercial use from the property. 00:21:49
Previously. 00:21:52
Special exception to this proposed use requires. 00:21:53
Another special exception of appro. 00:21:56
Exemption program. 00:21:58
The approval of. 00:22:00
The approval of the special exemption will not. 00:22:01
Contradict the goals and objective of the Floyd County Comprehensive Plan because the proposed use is consistent with the SMART 00:22:04
Growth principles. 00:22:08
Of strengthening and directing development towards existing communities. 00:22:12
The structure of the. 00:22:15
The structure for the proposed use has already been built. 00:22:17
In the African estate, there desire to improve the property. 00:22:19
Approval. Uh. 00:22:22
Approval of the proposed use will also support and encourage small. 00:22:23
Local businesses in the county and provide. 00:22:28
A service for businesses in the area. 00:22:31
The Board of Zoning Appeals. 00:22:34
Hereby grants. 00:22:38
The petitioner Special exception at the meeting held on today's date. 00:22:41
Approval by the Board is subject to the completion of the following conditions. 00:22:46
Verify septic system ability to serve the development. 00:22:52
Maintain fence along neighborhood properties. 00:22:57
Maintain barrier. 00:23:00
Eliminating access drive to Saint Mary's Road. 00:23:01
Staff follow up in one year. 00:23:05
No reverse alarm vehicles on site. 00:23:09
No outside storage of any kind. 00:23:12
That is my ballot. 00:23:15
OK, we have a ballot. Do we have a second? 00:23:16
I'll second. 00:23:18
With ballot and a second any questions or? 00:23:19
Comments about Ballard is presented. 00:23:22
Seeing none, all those in favor signify by saying aye. 00:23:25
Aye, any opposed like son? 00:23:28
The motion passes. Thank you for being here. 00:23:30
OK. I've seen a number of people walk into the meeting since we began. I want to just clarify if you were here. 00:23:35
Tonight to. 00:23:41
Here, the agenda item for the farm that was tabled until our next meetings. I just want to make sure you're aware of that. 00:23:42
The only items remaining on the agenda this evening involve. 00:23:49
Three agenda items for Verizon Wireless. 00:23:53
Just wanted to make sure. 00:23:56
If you were here for a specific agenda item, you were aware of what's coming up next. 00:23:59
Moving along on our agenda tonight, the next three items as I just mentioned are related to Verizon Wireless. 00:24:04
I would like to. 00:24:10
Recommend since all three requests are for. 00:24:11
The exact same. 00:24:15
Request just at different locations that with the applicants approval. 00:24:17
That we hear them all as one. 00:24:22
But we'll vote on them. 00:24:24
Individually is is there someone here from the applicant this evening? The applicant or? 00:24:25
OK. Are you going to speak on behalf of the applicant? 00:24:30
OK. Are you OK with doing it that way? 00:24:33
OK, thank you. So, so we will present that way. 00:24:35
So, Ray. 00:24:41
Next agenda Item Next three agenda items are FCE. 00:24:42
Yes. And did you hear our prior announcements? Are you OK with moving forward? 00:24:49
OK. Thank you. 00:24:54
So we're gonna hear all three items, FC-09-205-24. 00:24:56
FC-0925-25. 00:25:01
And then FC09-205-26, but we will vote on them separately. 00:25:04
Ray, would you like to update the board on the Staffs findings? 00:25:10
Yes, so. 00:25:13
The locations for these three proposed. 00:25:15
What in the utility poles are? 00:25:19
The right of way along Paley Pike between Hilltop Rd. 00:25:21
I'll be at Parkway. 00:25:25
The right of way along Paley Pike, close to Paley Pike and Scottsville Rd. intersection. 00:25:26
And the right away along Scottsville Rd. by Ginny. 00:25:31
The request is for. 00:25:35
Development standards variance to utilize a wood utility pole instead of metal utility pole for small. 00:25:37
Wireless cell facility. The zoning districts are residential suburban. 00:25:43
Neighborhood Commercial. 00:25:47
Just residential suburban neighborhood commercial. 00:25:49
All right, going into the overview. 00:25:52
The applicant is requesting a development standards variance to install a wood utility pole instead of a metal utility pole for a 00:25:54
small wireless cell facility. The proposed pole would be located in the right of way. 00:25:59
The Long Paley Pike between Hilltop. 00:26:05
Road in Lafayette Parkway. 00:26:07
Another right away along Paley Pike hosted Paley Pike Scottsville Rd. intersection and another right away along. 00:26:10
Scottsville Rd. Fighting Lane. 00:26:16
The applicant has submitted a county utility agreement highlighting the scope of work for the proposal, as instructed by staff. 00:26:19
The Floyd County zoning ordinance under section 5143, item a #4, representing the small wireless facilities, states that the. 00:26:25
Facility shall consist of. 00:26:33
Metal structure and be monopole. 00:26:36
Although not specifically addressed in the Floyd County zoning ordinance, the reason for the requirement for federal monopolies 00:26:38
for small wireless facilities. 00:26:42
Likely stems from their superior durability strength compared to wood. 00:26:46
Their ability to better support the weight of small cell equipment and antennas. 00:26:50
Their uniform and modern appearance. 00:26:54
Their secure attachment to concrete bases. 00:26:56
And their improved performance under adverse weather conditions such as high winds, storms and blizzards. 00:26:58
The Floyd County zoning ordinance defines monopole as. 00:27:04
A single freestanding pole type structure supporting one or more antenna. 00:27:07
Small wireless so facilities are permitted by right if they can meet all conditions outlined. 00:27:11
In section 5.43. 00:27:16
The applicant is indicated in their cover letter that the justification for the variances for the simplicity of installation. 00:27:19
A smaller footprint of the nose. 00:27:24
Future proof from the location. 00:27:26
And the prevalence of other existing wood poles present in the areas being pursued. 00:27:27
These reasons indicate a self-imposed reason for the variance rather than one stemming from necessity due to a hardship. 00:27:32
From the shirt. 00:27:37
Going to staff comments. 00:27:39
Number one. 00:27:40
Their approval will not be injuries to the Public Health Safety, Morals in General Welfare meeting. 00:27:41
Align the wooden utility pool would not be Jewish to public health, safety and welfare as they are located and dedicated right 00:27:46
ways from Park County engineer approval for their location. 00:27:50
#2 The use and value of the area adjacent to the property included in the variance will not be affected in a substantially diverse 00:27:55
manner. 00:27:58
The uses of adjacent properties will remain. 00:28:01
Largely unaffected by the placement of a witting pole for a small wireless cell facility, aside from occasional disturbances to 00:28:04
traffic for installation and maintenance. 00:28:08
#3 the strict application of the terms of the zoning boards. 00:28:15
Resolving practical difficulties in the use of the property. 00:28:20
There is no defined subject property in this case as the proposed polls to be located within a public right away. 00:28:23
While small, waterless cell fluid is operated in right of ways under Section 5.43 of Floyd County Zoning Ordinance. 00:28:29
The ordinance does not permit the use of wooden poles for small wireless Cellulite facilities as outlined in that same section. 00:28:35
The applicants request represents a self-imposed design preference. 00:28:41
Rather than a heart. 00:28:44
Rather than a hardship arising from conditions unique to the site or structure. 00:28:47
Furthermore, the proposed winning polls are inconsistent with the character and aesthetic standards the Floyd County zoning 00:28:52
ordinance established for Small. 00:28:55
Wireless cell facilities and #4 The variance does not involve a structure that is near an airstrip. 00:28:58
And regulated under Indiana Code 8-201-10 as there's no restriction in the vicinity. Staff recommendations. Because the request is 00:29:04
a self-imposed design choice, it does not arise from hardship due to the structure itself. Staff recommends the request to be 00:29:09
denied. 00:29:13
OK. So we've heard from staff. Does the board have any questions for Ray while he's here? 00:29:20
I don't know. OK, So you know, thank you. 00:29:27
I know you already identified yourself as. 00:29:30
Here on behalf of the applicant come forward state your name and address for the record please. 00:29:32
My name is Colby Tony. We'll Telecad Wireless. 00:29:37
1961 N Point Blvd. in Hixson, TN. 00:29:40
OK. Do you have anything to add to what we've heard already? 00:29:43
I guess initially I would. 00:29:48
Contradict. 00:29:51
The umm. 00:29:52
The the more structural stability of the metal pole. 00:29:54
You know, we do these all, you know, throughout the Middle East. I do. 00:29:58
Plenty of sides in Michigan, Indiana and Kentucky. 00:30:01
For a metal pole. 00:30:04
When that is designed. 00:30:07
Typically a middle pole designer cannot take into account what could happen 1234 and five years from now, and if they were to do 00:30:08
that, that would be quite a cumbersome structure. 00:30:13
With pole. 00:30:19
Buried at the depth that we're going to propose it to be buried. 00:30:20
And being in a Class 2 poll. 00:30:23
There's almost no. 00:30:25
Scenario where you can get to a point where that pole is going to be compromised and fail. 00:30:27
Whereas if we go to a pole manufacturer on a case by case, which we do. 00:30:31
And we tell them that the current RF design. 00:30:36
Is X it's it's it's one cantana on the top. 00:30:39
It's 3 panel antennas. 00:30:43
Just below on the face. 00:30:44
And this is what we're going to be. 00:30:46
They are going to design some future loading in that pole, but they they. 00:30:48
You know it's they can't necessarily. 00:30:53
You know, use Verizon's pocketbook to continue to beef that pole up to continue to increase their sale because Verizon's 00:30:57
purchasing a product that. 00:31:01
Is going to meet the need right now. 00:31:05
As those change. 00:31:08
The poles capacity. 00:31:10
For that added. 00:31:11
Weight is going to fluctuate and oftentimes is going to be exceeded. 00:31:13
The foundation's capacity. 00:31:18
Whether the polls passing or not. 00:31:19
If the foundation is not designed and constructed for a future load. 00:31:21
It's not going to be able to take into account what's going to happen and it is going to fail the poll. 00:31:25
And or the foundation. 00:31:30
With a wood pole buried at the depth that we proposed. 00:31:31
There's I've not ran into a situation yet for a site that we cannot modify with the amount of equipment that is needed. 00:31:35
In the rural areas that we're trying to serve. 00:31:41
Anything else you'd like us to know? 00:31:46
No, with that I mean it's. 00:31:51
You know that would be. 00:31:54
The more. 00:31:57
Structurally. 00:32:00
You know. 00:32:02
Identified situation. I understand that that the. 00:32:04
The initial review is that this is more of a. 00:32:08
A taste or a preference from Verizon? 00:32:11
You know, I've heard a lot of concern about different, you know, traffic. 00:32:16
You know, scenarios and making sure we're not impacting. 00:32:20
Your residence when we do a wood pole that same day. 00:32:23
When we do a metal pole, you've got to dig a hole, you've got to pour concrete. 00:32:27
Athletic cure. You've got to then come back, do the installation. 00:32:31
And all of that. 00:32:35
Has to repeat in the event of. 00:32:36
Any instance. 00:32:39
That would compromise that poll. 00:32:41
Whether it be a vehicle strike. 00:32:43
Whether it be a tree. 00:32:44
Anytime that were to happen to a wood pole. 00:32:47
It's still just one day. 00:32:50
You come in, you replace it. 00:32:51
Your negative impact to the to the. 00:32:53
Traffic your negative impact to neighboring. 00:32:55
Properties is. 00:32:58
Minimal. 00:32:59
Always. 00:33:00
Any questions? 00:33:03
What height are they supposed we do not exceed 40 feet on the pole? 00:33:05
But also, you know, we would take into account anything of your ordinance. 00:33:10
I would have to pull that up right now. Whatever you guys pass, obviously, is it 40 feet above ground or it will be 40 feet? 00:33:13
OK. 00:33:22
So where the pervasives will still be? 00:33:27
So how? How deep? 00:33:30
Do you go with a wood pole? 00:33:32
We would be, we would, we would prefer 10 feet and typically. 00:33:34
We do not have municipalities that take issue with that because it only further stabilizes the pole. 00:33:38
If for some reason you guys wouldn't want that. 00:33:44
You know the standard utility practice is 10% + 2. 00:33:47
Would be your standard burial depth. We increase that by three once again. 00:33:52
To to continue to future proof the asset so that when the need comes that we need to modify it. 00:33:56
We're taking, you know, the bucket trucks going out there is replacing things you're not. 00:34:03
Ripping out poles or you're not. 00:34:07
You're not staging a poll for somebody to put in in two weeks. That's further. 00:34:09
You know, interfering with what you have. 00:34:13
How? How deep is the metal pole foundation? 00:34:16
See that? That's going to be determined by engineer. 00:34:19
Yeah, yeah. So whoever the manufacturer is, right, dictate what that is and so depending on that loading. 00:34:22
That could be rather large. 00:34:28
That and you're aware that 10 foot deep you'll be in rock employee knobs. 00:34:29
Welcome to Ablington. 00:34:33
We will have. 00:34:35
They will have to get get their hands dirty already. 00:34:36
OK. But I mean, you're, you're capable of drilling, drilling a rock and that's not a problem. 00:34:39
And then another question is the equipment that goes on that? 00:34:43
At the time that you. 00:34:48
Put it into service. 00:34:51
What is that? Give us kind of what? What does that look like? 00:34:54
What is that You're gonna now with a wood pole? We also lack the simplicity of the the equipment can be attached to the pole or 00:34:57
not. You know, there are plenty of metal pole scenarios where you can put, you know, different cabinets and different attachments 00:35:01
on a metal pole. 00:35:06
But a lot of times with the metal pole it's accompanied by ground cabin. 00:35:10
It's about ground cabinet, yeah. So we would put everything on the pole, any rectifier, obviously your meter disconnect. 00:35:13
All the antennas. 00:35:22
Any cabling going up to that amounts to it. 00:35:23
And really in the grand scheme of things. 00:35:27
You'll begin to drive by these and and. 00:35:29
Liking it to seeing a transformer right So. 00:35:31
So when the initial startup. 00:35:35
Does that. 00:35:37
Can that be added to down the road? 00:35:38
And the more equipment, can it be put on phone, OK. 00:35:41
Is that the plan Usually what happened? Well, you have so much capacity on these wood poles and and if it would bring Peace of 00:35:43
Mind. 00:35:47
We are more than capable of providing A structural level. 00:35:50
My company is an engineering company, right? New structurals on these Verizon all poles, right? 00:35:54
Structural Analysis. 00:36:00
Right. 00:36:02
Other questions you mentioned Class 2 poll, can you? 00:36:05
Describe how that's different than. 00:36:07
The other power poles we see out there being a small pencil like pole for an AT&T pole that just has a simple calm line that's 00:36:09
probably only about 18 to 20 feet out of the ground, that's class 5. 00:36:14
So, so it's going to get larger from there 54321. 00:36:20
A Class 2 I think is going to have. 00:36:24
It's 12 to 14 inch diameter at the top. 00:36:28
So it will be tapered, it will increase to the bottom is going to. 00:36:31
Have an effect on whether it's going to. 00:36:35
Twist and bend as it ages. 00:36:38
Oh yeah, I don't imagine anybody in this room would have a problem with the Class 2 poll. 00:36:42
Being an issue and. 00:36:47
In our lifetime, for certain they they have buried 10 feet. They are. 00:36:49
There's nothing that's really going to impact. So you're saying that? 00:36:54
It piggyback on what Scott's saying here. We see. 00:36:57
In the in these general vicinities, I drive by them all the time. Kohl's. 00:37:00
Those Transformers start to sag. 00:37:04
You're saying that won't be the case with these? Well, see. 00:37:06
It's a very symmetrical. 00:37:10
Yeah, and and. 00:37:12
The transformer poles are in line of other utility poles that are doing the job that those people have put them there for. 00:37:14
Is to serve the residents. 00:37:21
Cell service. 00:37:23
It's pretty symmetrical because we also. 00:37:24
Need to serve in multiple directions, right? So we're not really loading up one side of the pole as if you would be for a 00:37:27
transformer. 00:37:30
Was that kind of where you were going? 00:37:35
Other questions from the ward. 00:37:37
Steel poles or? 00:37:39
On a poll, how would the. 00:37:41
Fixation at the ground beef. They'll be bolted to the ground. 00:37:43
If if we were to go steal, there would be a concrete foundation. 00:37:46
At a minimum. 00:37:51
You'd have to dig it out. You have to pour concrete foundation, let it cure. There would be bolts to come up out of that to affix 00:37:52
the pole to the concrete foundation. But. 00:37:56
That would also. 00:38:00
Yeah, larger foundation, a larger foundation. Also he gives the opportunity for more interferences. 00:38:02
Under the ground that you would have to try to avoid typically. 00:38:08
A wood pole. 00:38:11
You have a very high success rate of avoiding any underground. 00:38:12
Utility. 00:38:15
That you could encounter. 00:38:17
OK. 00:38:19
Driving by down there a scene where. 00:38:22
There's fairly new electric lines up there. We talking about the same? 00:38:24
Basically sized pole. I'm sure you. 00:38:28
Familiar with that area there a lot of your polls and the utility companies will end up. 00:38:30
They can use larger, and they probably should have used larger if you're seeing poles and Transformers leaning. 00:38:35
They probably should have went on down to a Class 1 and they actually get larger than a class one. There's one ABC. 00:38:40
They could have done that. 00:38:47
But it's aesthetically, it's going to be very similar, the only you know. 00:38:49
Unless you get into people. 00:38:52
The AT&T runs are typically much smaller poles because AT&T is not in the power business, so you don't have Transformers. 00:38:55
Any other questions? 00:39:04
OK. Thank you. 00:39:06
Yep, we may call you back if necessary. 00:39:07
OK, so we've heard from the applicant. 00:39:11
Is there anyone else in the audience to speak in favor of this request this evening? 00:39:14
It's amazing how the crowd shrunk when we got to this. This is the first. 00:39:21
OK, we'll, we'll close. Yeah, we'll close the section. 00:39:27
Or anyone else in favor? 00:39:30
Is there anyone here this evening that would like to come forward in opposition to these requests? 00:39:31
Please come forward, state your name and address for the record. 00:39:37
My name is William Keith Ballman. 00:39:44
And my address is 4011 Scottsville Rd. 00:39:46
And I'm not necessarily opposed. I'm a Verizon customer. 00:39:50
We get great service there. 00:39:53
But I do have some questions. 00:39:55
Regarding the Jenny Lane vocation. 00:39:57
Where exactly? 00:40:00
Is it north of Jenny Lane or South of Ginny? 00:40:02
Where is it in relation to where we put the sign? 00:40:05
Is that I'm. I'm in. I wish I could remember. Yeah, with the signs on the left hand side as soon as you pull in on Jane, if I 00:40:09
remember. 00:40:13
Yeah, yeah. 00:40:17
Yeah. So that is a. 00:40:18
And there is an and I could be wrong about this. Is there an existing Verizon pole near the Firehouse? 00:40:21
The black, the black metal. 00:40:29
I don't know. 00:40:31
Yeah, OK. 00:40:32
That was, I just wanted to know, you know, where it was. I guess it was one thing. 00:40:34
Hell no. 00:40:39
Is it basically the purpose is to make more? 00:40:43
Customers getting a bigger spread than you're getting now. 00:40:47
We'll have him come back and answer your question. 00:40:51
Just make the proper procedure. That's my only question is. 00:40:55
Why do we need it? 00:40:59
Another poll. 00:41:00
Because I believe there's one near there already for Verizon. 00:41:01
Capital, that's that's all I had. 00:41:05
Thank you. Anything else? 00:41:06
Thanks, Keith. 00:41:08
OK. So would you like to come back and respond to that question? 00:41:10
As obviously everybody here is aware, technology changes overtime. 00:41:21
And and kind of alluding to. 00:41:26
What I discussed about the metal poles. 00:41:29
There are limiting factors to metal poles depending on who owns them and how they are designed. 00:41:31
With the new technology and what may need to be proposed in certain scenarios. 00:41:36
If a metal pole cannot accommodate that and or the owner of said pole. 00:41:41
Does not want to accommodate Verizon. 00:41:45
Than Verizon has. 00:41:47
An obligation. 00:41:49
Per the FCC. 00:41:51
To meet that need with the latest technology. 00:41:52
That is on air, so this is all. 00:41:55
Based on E911 implications, people need to be able to make emergency calls. 00:41:57
And umm, uh. 00:42:02
If the latest technology is not out there for any number of reasons, whether that be. 00:42:03
Municipal pushback, whether that be. 00:42:09
You know, pole owners push back. 00:42:12
You know, any, any number of things, Verizon has a duty. 00:42:15
To get. 00:42:18
Cell service on air for people to make emergency phone calls. 00:42:19
So and that doesn't necessarily always mean for the residents. 00:42:22
It's just as important for the passerby. 00:42:26
The person driving. 00:42:28
That may have an emergency and they cannot drop that call. 00:42:29
I got a question. 00:42:34
Are the polls going to be put into an existing right away or you have to get it right away from? 00:42:36
They the property owner. 00:42:41
No Sir, they will be in the public right way. 00:42:43
Yeah, OK, so that could cause a problem with. 00:42:45
Electric wire, sewer lens, water lens then. 00:42:49
Where you put your pole. 00:42:52
We would do a line locate and and that would be avoided. 00:42:53
You know if and when that is. 00:42:57
But I mean, if you have to put a concrete pad, that could be a problem. Yes, Sir. 00:42:59
Absolutely. Yeah, the wood pole simplifies. 00:43:03
A lot of. 00:43:06
Scenarios. 00:43:06
And you know, as it was also stated by the gentleman here, there are wood poles everywhere. 00:43:08
So it was also. 00:43:13
It's one of those things sometimes you know you can. 00:43:14
I'm trying to think of the best way to put this but. 00:43:19
Yelp. 00:43:22
Putting bow on it. 00:43:24
Manure pile. 00:43:25
Steel manure pile. If you put a metal pole amongst a bunch of wood poles, what's going to stick out more? 00:43:27
Something to think about. 00:43:33
I got. I got. 00:43:36
I'm sorry. 00:43:38
I don't have more questions for you. 00:43:39
Anybody else have a question? 00:43:41
No, thank you, Sir. Thank you. 00:43:43
I got one for. I got for, right. I got a question for you right. 00:43:45
Is there? Is there an explanation in the ordinance? 00:43:49
That it says why they do not want the metal pose. 00:43:52
No, I I with some of the reasons. 00:43:55
While they do well, they want. I'm sorry. Thank you, thank you, thank you. 00:43:59
Yes, wow. 00:44:03
That went over did it some of the reasons. 00:44:05
I listed before just their ability to withstand adverse conditions. 00:44:09
They're secured to a base. 00:44:14
Has a foundation and there can support more weight. 00:44:17
As far as? 00:44:20
The location that would have to be approved by accounting engineer. 00:44:22
Horatio, Greta. 00:44:26
Right for where their place of he found that he. 00:44:27
Thinks that there's an issue with the placement. He would request that it be moved elsewhere. 00:44:31
All right then. 00:44:35
Then one more question, if it's in a right away, did they have to sign an agreement that if that improvements are made in that 00:44:37
area that. 00:44:41
If it conflicts with the. 00:44:44
With the improvements or the widening whether they have to move their. 00:44:46
They have to move. That might be included in the utility agreement, but our utility agreement really has language pertaining to. 00:44:50
Wrote Borings. 00:44:56
And. 00:44:58
I'm not sure. 00:45:00
Thank you. 00:45:04
Okay. 00:45:07
I don't think so. 00:45:10
Well, it's, it's, it's the board. It's the board's choice. Would you like to hear response to that? 00:45:12
I don't see where it hurts. Please come forward. 00:45:17
Just being a person that that works with poles. 00:45:25
For a living. 00:45:28
Metal pole. 00:45:29
Does not. 00:45:30
Always and often times. 00:45:31
Mostly will not equal stronger. 00:45:34
It also depends on material that's being built, but very seldom. 00:45:37
Can can a metal pole replicate? 00:45:40
A tree that's been here for hundreds of years and the Earth that's been here for. 00:45:44
We can debate all day long, but how long the Earth's been here? But. 00:45:49
Putting that tree in that soil in the correct conditions. 00:45:53
Very seldom will you find a metal pole that can compete with that, and because that doesn't happen, that's oftentimes when you see 00:45:56
towers. 00:45:59
As opposed to metal pods. 00:46:03
Metal poles whenever they get compromised. 00:46:06
In in many forms of fashion and also. 00:46:08
It's not necessarily the metal pole being compromised. When the foundation becomes compromised, the metal pole is compromised by 00:46:11
default. 00:46:14
You have to then. 00:46:18
Correct your foundation otherwise. 00:46:20
You have an enormous liability with your metal. 00:46:22
So while I appreciate the. 00:46:25
The language that is in the ordinance. 00:46:27
Metal pole in most cases does not equal stronger when compared to a wood pole. 00:46:30
Any other questions? 00:46:37
Well, I do have a question and I think it has to do with the monopoles that's in the ordinance. 00:46:38
I know when we do cell phone tires and different ones. 00:46:45
Those metal poles are made to fall within. 00:46:49
A certain area where they collapse. 00:46:51
Now, uh. 00:46:54
If is this type of pole going to be like that? 00:46:55
Or is it going to be like a big pull if it breaks off the base, this is going to go all the way down because? 00:46:59
You know we're talking big difference here if it falls. 00:47:04
Within itself a certain area like a cell phone tire. 00:47:07
That makes a big difference on the steel because usually a wood pole. 00:47:11
Will not break off the base, it will break off. 00:47:15
Say, halfway or part of the way up. 00:47:18
To where it doesn't fall as far. 00:47:20
And, umm. 00:47:22
I just happen to think about that. 00:47:23
And well. 00:47:25
Was that to me or to this gentleman? 00:47:27
Well, are your polls going to be? 00:47:29
Where it's just one structure that breaks off at the base, it's going to be 1. 00:47:32
Pacers are going to be working break off. 00:47:36
So high up. 00:47:39
That would follow within itself. 00:47:40
Well. 00:47:42
Within itself, it would still. 00:47:43
You know, theoretically it wouldn't have a footprint larger than 40 feet because it's a 40 foot pole, but it would all be dictated 00:47:44
on how the pole is struck. 00:47:48
And then there's there's so many variables there, I don't know how we can. 00:47:52
You're talking about a 250 foot tower. 00:47:55
Right is designed to crumble in and on itself right you're talking about. 00:47:58
It would be no more. 00:48:02
Problematic then. 00:48:04
Any other utility pole that would get struck in your. 00:48:05
In your run list. 00:48:08
Any other questions? 00:48:11
Thank you, Sir. 00:48:14
OK, so we've. 00:48:16
Did you have something right you want to add? 00:48:17
OK, we've heard. 00:48:19
From the applicant, we've heard public comment. 00:48:20
You've answered a lot of questions. Do we have a ballot? 00:48:23
This is this is in response to the wood bowl so. 00:48:27
Our ordinance does allow for wooden poles, but specific to. 00:48:34
What this request is for? 00:48:37
It's not for small cell wireless facilities, so those windows that might be in the vicinity. 00:48:39
The vicinity of where they're proposing to place those poles may not be for. 00:48:43
What they're requesting for. 00:48:48
Small cell wireless facility use. 00:48:49
So in other words, the polls we see everywhere, mostly other utilities itself, so. 00:48:52
That's correct. OK. 00:48:56
So does that mean that our ordinance? 00:48:58
Is not opposed to them. 00:49:01
Or is it a preference? I think I think that. 00:49:03
Our ordinance is trying to have a uniform modern appearance. 00:49:08
And there's other reasoning behind possibly why some that I've listed. 00:49:12
For instance, wood poles. 00:49:17
Are combustible. They also can rot. 00:49:19
So I'm. 00:49:21
It's not specifically stated, but that's kind of some of the reason behind why I think that they're kind of going for the metal 00:49:22
monopole look. 00:49:26
Sure. 00:49:30
I don't disagree just from. 00:49:31
For whatever it's worth. 00:49:33
Before we get to the ballot point, I do think. 00:49:34
What I've heard tonight. 00:49:37
That I heard some pretty reasonable. 00:49:39
Rationale behind. 00:49:43
A wooden pole amongst a bunch of other wooden poles. 00:49:45
Versus before thinking aesthetically. 00:49:48
Which I think is what probably all of us thought initially. 00:49:50
I think the point that was made earlier that. 00:49:53
That would. 00:49:56
A pole pole. 00:49:57
Amongst the others, probably would stand out more. 00:49:58
But I'm not sharing an opinion one way or the other, I just think it's a very good point. 00:50:01
For us to consider any addition of a. 00:50:06
Cabinet, uh. 00:50:08
Yeah. Yeah, exactly. 00:50:09
OK, so so we've heard everything. Do we have a valve? 00:50:13
I've got a ballot and I got a question. 00:50:17
I want for something I guess for. 00:50:20
Rick, OK. 00:50:22
I need to read. 00:50:24
Every. 00:50:25
Single ballot. 00:50:26
Even if all three ballots are identical. 00:50:28
Yeah, just, I mean, I'll do it if that's what you say to do. 00:50:31
OK, give me a drink of water. 00:50:34
All right. All right. So what's the first one? So I just get FC-09-205-204-24. OK, got it. 00:50:35
OK. 00:50:46
All right, OK, this is. 00:50:48
Docket FC-09-20. 00:50:52
5-24 Petitioners names Telecad Wireless. 00:50:55
On behalf of Verizon Wireless, the various petition. 00:50:58
The parents petition shall be approved, be approved in the findings of the fact and may consistent with the requirements the 00:51:01
ordinance Indiana State Code. The petition shall be approved. 00:51:05
With the modification, if the Board determines that the required findings in fact may be made in a certain conditions are applied. 00:51:09
To the petition, the Board may make reasonable conditions related to the required findings and facts. 00:51:16
Part of its approvals are are accepted comments. 00:51:22
Commitments for the petition. 00:51:25
All right, after careful review, the board finds. 00:51:27
Approval of the variance will not be endures to the public health safety morals. 00:51:32
And general welfare of the community because allowing a wooden utility pole would be injured. 00:51:36
Would be would not be a jurist to the public health, safety and welfare. 00:51:41
As they are located and dedicated right away and require county engineer approval for their location, the. 00:51:46
#2 the use and value of the. 00:51:52
Of the area adjacent to the property included in the variance will not. 00:51:55
Be affected in a substantial adverse manner. 00:51:58
Because the use of the adjacent properties. 00:52:00
Will remain largely unaffected by the placement of wooden pole for the small wireless cell facility, aside from occasional 00:52:03
disturbance to traffic for insulation and maintenance. 00:52:07
The strict application of the terms of the zoning urns will not result in. 00:52:13
Practical difficulties in the use of the property because there are there are. 00:52:18
No defined subject properties in this case as a proposed pole is to be located within a public right of way. 00:52:22
While small cell wireless facilities are permitted in the right away intersection. 00:52:28
5.43 of the Floyd County Zoning Ordinance orders. The orders does not permit the use of wooden poles for small wireless sales 00:52:32
facilities as outlined in the same session. 00:52:36
The applicants request. 00:52:41
Represents a self-imposed. 00:52:43
To sign preference rather than a hardship horizon from the conditions. 00:52:45
Unique to the. 00:52:50
To this site of the structure Furthermore. 00:52:51
The proposed wind pose are inconsistent with character. 00:52:54
I don't know if I can agree with that. 00:52:59
I don't know what I'm saying. 00:53:02
You're gonna strike at sentence? Yeah. 00:53:09
Yeah, I. 00:53:15
OK. 00:53:18
#3 I didn't, I didn't finish even read it. I'll. 00:53:20
Go back and the applicant request represents a self-imposed design. 00:53:24
Preference rather than a hardship arising the condition unique. 00:53:28
To to the cider structure. 00:53:31
#4. 00:53:33
The variance does not involve a structure that is near an air strip and regulator code 8-201-10. 00:53:34
There are no airstrips in the vicinity. 00:53:41
OK. 00:53:43
If this part up here, I do not need to to fill out correct? 00:53:45
Inside that doesn't involve a structure. 00:53:51
You hear that? 00:53:53
Brick. 00:53:55
No it does not. 00:53:58
#4. 00:54:00
I got #4. 00:54:04
Can I see real quick? Yeah. 00:54:06
That means is it considered a structure? Is not considered a structure. 00:54:08
Oh yeah, because. Because it is not. 00:54:17
That's correct. 00:54:21
OK, all righty. 00:54:23
All right, the board is only hereby. 00:54:26
The Petitioner. 00:54:29
At the meeting held on the 15th day of October. 00:54:32
2025. 00:54:37
With the following conditions. 00:54:38
No work. 00:54:42
Will be performed. 00:54:45
Only the no work before before 9:00 AM. 00:54:50
Or after 3:00 PM. 00:54:54
Never so good. 00:55:03
Or more simply said. 00:55:06
Work should only be between 9:00 and 3:00. 00:55:08
It's just for installing. 00:55:20
Yep, that's right. Yeah. Yep, Yep, Yep. OK, that is that is my ballot. 00:55:21
OK, we have a ballot. 00:55:27
Do we have a second? 00:55:28
I mean, I've got a question. 00:55:31
We have to. You need a second before we question, I'll second. 00:55:35
OK, we have a second from. 00:55:38
From Scott and then my question. 00:55:40
Section 3. 00:55:42
You said will not but but your ballot is to approve. 00:55:44
Does that need to be will and then? 00:55:50
Describe some of the well. 00:55:52
The strict application of terms of zoning arms will not resolve your practical gift dollars in the use of. 00:55:55
Proposed property is of. 00:56:00
Public utility easement, right? Yeah. 00:56:03
That was a question I had for Rick. 00:56:07
So do we need to satisfy that? 00:56:09
To vote on an approval. 00:56:12
Well, I think the answer is that it won't. 00:56:17
That's what I'm thinking. 00:56:22
Yeah, it so it it won't create practical difficulties, but you're saying Scott? 00:56:23
Because it won't. 00:56:28
Then are you saying that prompts us to decline these? 00:56:30
Or are you saying? 00:56:33
Will we decline? OK. 00:56:35
OK. All right. 00:56:38
And we would allow the polls if you put Will. 00:56:42
But with a loud pul. 00:56:46
Right, but will not. 00:56:48
Says. 00:56:50
That's not a problem. Put in the middle there. 00:56:50
OK. 00:56:53
OK, because it would. 00:56:56
Well read your read. What do you have for #3 again? 00:56:59
Sorry guys. 00:57:05
The strict application of terms is ordinance will not result in practical difficulties in the use of the property because there 00:57:06
are no defined. 00:57:10
Subject properties in this case, so it's an. 00:57:14
As the proposed PO is to be located with the public Broadway. 00:57:18
While small cell wireless facilities are permitted in the right of ways, intercession. 00:57:22
5.43 of the Floyd County zodiacs the ordinance does not permit. 00:57:26
The use of wooden pose. 00:57:30
For small wireless cell. 00:57:32
Facilities as outline the same section. 00:57:33
The advocates request. 00:57:36
Represents a self-imposed design. 00:57:37
Rather than a hardship, rising conditions, destruction. 00:57:39
OK, Will we strike something? 00:57:45
What do you think? No, I'm just making sure that. 00:57:47
We good, Rick. 00:57:50
Yeah, I think so. Making sure we have the reason to approve, right. I agree. I. 00:57:53
No problem question. 00:57:58
So so we all are in agreement. 00:58:01
And our attorney, Mr. Fox, is in agreement. Then I think we're good to vote. I think so. 00:58:03
Yeah, all those in favor signify by saying aye, aye. Any opposed like sign, OK, we've approved one. 00:58:07
So do we have a ballot for the next one? It'll make me do the same thing. Yes, Sir. You need more water. No. Good. I just got to. 00:58:14
OK, here it is. That's. 00:58:32
Okay, Doctor FC Dash. 00:58:35
09-205-26. 00:58:37
Petitioners name Telecad Wireless for on behalf of Verizon Wireless. 00:58:40
After careful review, the board finds that. 00:58:48
The approval of the variance will not. 00:58:51
Be injurious to the public health, safety, morals and general welfare community because. 00:58:53
Allowed. It wouldn't. 00:58:58
Utility pole would not be injurious to the public health, safety and welfare as they are. 00:58:59
As they are located and dedicated right of ways in Ricard County Engineer approval for the location. 00:59:04
#2 the use and value of the area adjacent property included in the variance. 00:59:09
Will not be affected and substantial in person. 00:59:14
Manner because the use of the adjacent projects will. 00:59:16
Remain largely unaffected by the placement of the. 00:59:19
Wooden pole for a small wireless facility, aside from occasional service to traffic for installation maintenance. 00:59:22
#3. 00:59:28
The strict application of terms is owner will not result in practical difficulty in the use of the property because. 00:59:29
There's a definite. There are no defined subject property. 00:59:35
In this case. 00:59:38
As proposed, PO is to be located within the public right away. 00:59:39
While small self water facilities are permitted in right of ways under Section 5.43 for the Floyd County Zoning Arts, the 00:59:42
ordinance does not permit the use. 00:59:46
Of a wooden pole for small. 00:59:51
Small wireless sales facility is that line same section that. 00:59:53
Request. 00:59:56
Represents a self-imposed assignment. 00:59:57
Preference rather than a hardship horizon from the. 01:00:00
From conditions unique to the site of our structure. 01:00:02
The variance does not involve a structure. 01:00:06
That is near an airstrip regulated undercoat. 01:00:09
Indiana code 8-201-10 There are no airstrips in the vicinity. 01:00:11
After I see OK, the board of zoning appears hereby. 01:00:18
Grants the petitioner the variance at the meeting held. 01:00:22
On the 15th day. 01:00:27
Of October. 01:00:29
2025 with the subject. 01:00:31
Is no work. 01:00:33
Perform. 01:00:38
Only. 01:00:43
9. 01:00:46
To 3:00 PM. 01:00:50
That's my ballot. 01:00:53
OK, we have a ballot. Do we have a second? 01:00:55
I'll second in a second. 01:00:57
I assume there are no other questions, so all those in favour signify by saying aye aye. Any opposed like sign? 01:01:01
Second one is approved. 01:01:07
Now we have a third coming up. 01:01:09
All righty Docket FC-09-205-25, Petitioners name Telecad Wireless on behalf of Verizon Wireless. 01:01:11
After careful review, the board. 01:01:20
Finds that number one. 01:01:22
Approval The variance will not be injurious to the public health safety morals. 01:01:24
In general welfare of the community because allowing a wooden Poe. 01:01:27
Would not be injurious to the public health, safety and welfare as they are located dedicated right away in required counties. 01:01:30
Engineer approval for the location. 01:01:36
#2 the use and value of the Jason. 01:01:38
The use and the value of the area adjacent to the property included in the variance will not. 01:01:41
Be affected of substantial adverse manner because. 01:01:46
Which will. 01:01:49
Remain largely unaffected by the placement wooden pole. 01:01:50
For the small wireless cell facility, aside from occasional service to the truck. 01:01:54
To traffic for installation and maintenance. 01:01:58
#3. 01:02:00
The strict application of the terms of this ordinance will not result in. 01:02:01
Practical difficulties in the use of. 01:02:05
Of the property because there are no defined subject properties in this case. 01:02:07
And the proposed pole is located within the public right of way. 01:02:12
While small cell wireless fillies are permitted in the right of way. 01:02:14
Under Section 5.43 of the Foley County's all yards, the ordinance does not prepare for you. 01:02:18
Permit for the use of wooden pose for small. 01:02:22
Wireless cell facilities as outlined in same section. 01:02:25
The applicants request represents a self-imposed design. 01:02:28
Preference rather than a hardship arising from the conditions unique. 01:02:31
To the structure. 01:02:36
To the site or structure. 01:02:37
#4 the. 01:02:44
This variance does not involve a structure near. 01:02:46
That is near an airstrip or regulated under. 01:02:49
Indiana Code 8-201-10. 01:02:52
There are no airstrips in the vicinity. 01:02:55
The board of. 01:02:59
Zoning appears. Appeals hereby grants. 01:03:00
The petitioner variance on the 15th day of October. 01:03:03
2025 with the following conditions no work. 01:03:08
Performed. 01:03:14
Between. 01:03:18
9:00 AM. 01:03:21
And 3:00 PM. 01:03:24
Or no work for me outside of that is my about what? 01:03:25
Outside, yeah. So no work performed between. 01:03:29
Thank you. 01:03:33
Yeah, outside. 01:03:35
It's been a long day for Mr. No work performed. 01:03:37
Play the last music. 01:03:42
Yeah, here, let me just. 01:03:44
All work. 01:03:48
Performed. 01:03:52
Now let me see that between. 01:03:54
It's it's between. It's performed only. 01:03:59
Rick, Nancy won't go back. 9:00 AM. 01:04:02
3:00 PM. 01:04:06
What I did? I said write something wrong. 01:04:09
You did when you wrote within that timeline. 01:04:11
We deny the petition. 01:04:17
No, you approved it. 01:04:18
We're not allowed in the wood pose. 01:04:21
That's what he requested. 01:04:23
Now we just, we just allow it. 01:04:25
Well, he's asking. We're allowing his. 01:04:27
OK. 01:04:30
Yeah, I guess let me you want me change will not is wrong, then will would be right, correct. 01:04:32
So my helmet is what you're working on 1st I just I just wrote all work performed only. 01:04:40
Between 9:00 AM and 3:00 PM. 01:04:45
Yeah, that works, don't it? Between. 01:04:47
I'm confused here. 01:04:52
There you go. 01:04:54
All right, so we're allowed. 01:04:56
I will second. 01:05:09
OK, we have a motion in a second. 01:05:10
All those in favor signify by saying aye aye. Any opposed like sign. 01:05:11
Motion passed. 01:05:16
OK. Is there any other business to come before the board this? 01:05:19
Seeing none, I would entertain a motion to adjourn. 01:05:23
So moved second motion in a second. All those in favor signify by saying aye aye. 01:05:26
We are. 01:05:30
Adjourn. 01:05:32
Thank you folks. 01:05:33
So the number 3 should be will result in practical. 01:05:36
Well, that's that's my question, but really will allow suppose. 01:05:39
Wilma doesn't allow the public. 01:05:48
Well, at the end you're. 01:05:53
We're still approving. You're still proving the wooden pulse OK. 01:05:55
That that was my question. 01:06:00
Well, the problem is I I can't bear that with it. Denial. 01:06:03
Well, me too. 01:06:07
I can't. 01:06:10
Either I have a problem with that after hearing, you know, the cabinet was a big thing. Well, you think about it, the middle post 01:06:10
going to fall, it's going to fall the 40 feet a wood pose not. 01:06:16
But these are break up. 01:06:23
Sir. 01:06:25
Those metal poles would snap. 01:06:30
They use against. 01:06:33
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Document list

Documents available for this event
Document Name Document type
FC-09-25-27 - The Sporting Club at The Farm - Revocation of Special Exception General Document
FC-09-25-26 - TeleCad Wireless- DSV Application General Document
FC-09-25-25 - TeleCad Wireless- DSV Application General Document
FC-09-25-24 - TeleCad Wireless- DSV Application General Document
FC-09-25-23 - Paxton & Melissa Speck / Nice Ice Machine Rental- Special Exception General Document
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Transcript

Event transcript
I got injured. 00:00:01
Forever. No, I'm not bringing it back out. 00:00:04
At the bottom. 00:00:10
Mr. Mahmoud Song sung. 00:00:14
I'll get it done. 00:00:18
All right. Good evening, everybody. I would like to call tonight's Floyd County Board of Zoning Appeals meeting to order. 00:01:00
It is 5:00 on the dot and we will begin this evening with roll call. 00:01:06
For people. 00:01:13
Here. 00:01:15
Here. 00:01:16
Here Umm. 00:01:18
Here, OK, so we do have a quorum for the evening, so we will move ahead. 00:01:19
And as we get to the point where? 00:01:25
We're talking about the agenda. Umm. 00:01:28
Before we start, I'll inform everyone of what the impact of not having a full board here means, because we're one member short. 00:01:30
And let you decide as we move forward from there. 00:01:37
Next Next on our agenda this evening is the minutes. The minutes of our prior meeting have been circulated everyone. 00:01:40
Should have had. 00:01:47
Time to review those and I would entertain. 00:01:48
Any corrections, comments or additions to those? 00:01:51
Also moved to accept them as. 00:01:54
OK. We have a motion to approve as presented. Do we have second? 00:01:56
I'll second motion and 2nd all those in favor signify by saying aye aye. 00:01:59
Any opposed like sign the minutes pass. 00:02:03
And with that, we will move into the agenda. But. 00:02:06
Before we start, I would like to. 00:02:10
I would like to. 00:02:13
Ask the board if you would mind. 00:02:15
If we move agenda item 5. 00:02:18
From #5 up to #1. 00:02:20
Does anyone have any concern with moving that to the first slot this evening? 00:02:23
I do not. 00:02:27
No, no. OK. So. 00:02:28
With that in mind, we will start there and I'm going to ask Ray to come and make an announcement about this agenda item and. 00:02:30
Folks, you'll find out in a moment. While we're moving, it's in the interest of efficiency for everyone. 00:02:36
Good evening, everyone. So our office received some documents recently and in order to adequately review this new material and 00:02:42
allow for the board to review this material. 00:02:46
We request to table this item to the November meeting. 00:02:50
So we have a request to table. 00:02:55
And I assume. 00:02:58
Mr. Fox. 00:02:59
We just need to vote on that because we. 00:03:00
We've informed the petitioner, right? So they're OK with that. 00:03:03
OK, that's correct. 00:03:06
OK, so then I would entertain a motion to table agenda item. 00:03:08
Formerly #5 now #1. 00:03:12
Until our November meeting, and that date is. 00:03:14
All right, I'll make I'll make a motion that we table agenda item number 5. 00:03:17
OK to to the next. 00:03:20
November 10th. 00:03:23
What's the date? November 10th? November 10th? 00:03:24
OK, we have a motion, we have a second. 00:03:27
I'll second the motion. Second, all those in favor signify by saying aye aye. 00:03:29
That motion passes and that item. 00:03:33
Has been. 00:03:35
Tabled until our next regularly scheduled meeting. 00:03:37
So now we're going to get into the next 4 items on our agenda. 00:03:44
And for those of you that are going to be remaining here. 00:03:49
For this. 00:03:51
I just want to explain that. 00:03:54
In those cases where we do not have a full board. 00:03:56
That those of you that are on the agenda this evening, we have. 00:04:00
Those of you that will be coming up first. 00:04:05
And then the others without a full board. 00:04:07
If if you're. 00:04:10
Request is denied. 00:04:12
You cannot bring it back. Or is it? 00:04:13
One year. One year? Believe it's one year. 00:04:15
So if you choose. 00:04:18
To postpone. 00:04:19
Your request. 00:04:21
Until such time as we have a full board here, you may, but we do have a quorum. 00:04:22
And we can conduct business. It's just each petitioners. 00:04:28
Choice how you would like to move ahead. 00:04:31
So let's let's move along and we are going to start with FC-09-25. 00:04:34
02/3. 00:04:41
And that is a special exception request. So Ray, do you want to come get the staff report? 00:04:43
The petitioner is Paxton and Melissa Speck slash nice ice machine rental. The location is 4282. 00:04:54
Scottsdale Rd. Floyds Knobs IN 47119 and the request is a special exception. 00:05:01
They're requesting to operate an ice machine rental business. 00:05:07
The zoning district is residential suburban. 00:05:10
I'm going to the overview. 00:05:14
The applicants are requesting a special exception to operate an ice machine rental business in a residential suburban zone 00:05:15
district. 00:05:19
The subject property previously received approval for a special exception at the May 9th, 2023 BCA meeting, docket number FC04. 00:05:22
2311. 00:05:30
For operation of a fleet vehicle company for non-emergency medical transportation. 00:05:32
Prior to that approval. 00:05:36
The property was historically used for commercial uses for decades, with the subject of structure having been built in 1950. 00:05:38
In 2006, a special exception. 00:05:44
Docket ID FC-090. 00:05:47
635 was granted which allowed for a retail wood products use and prior to that special exception, the property was used for 00:05:49
commercial lawn and landscaping business. 00:05:54
As the uses predated the Floyd County zoning ordinance adoption in 2006. 00:05:58
The uses of commercial law was considered legally non conforming. 00:06:02
With the aforementioned special exception in May of 2023. 00:06:06
Bringing the law into performance as there was a change in the legal. 00:06:09
Not performing use. 00:06:11
So a little bit of context. 00:06:13
Property in question received approval for previous special exception at the. 00:06:14
May 9th, 2023 BJ Meeting with the state of conditions 1. Eliminate access drive to Saint Mary's Road. 00:06:18
To install fence to screen parking from neighboring properties. 3 striped parking lot spaces to be 9 feet. 00:06:24
By 18 feet. 00:06:30
For no reverse alarm people is on site. 00:06:32
5 limited hours of operation and sakes verify said septic system ability to serve development. 00:06:34
As it was not presented at the time of the application. 00:06:40
The health department letter, that is. 00:06:44
The applicants have indicated that they intend to use property, store and pair commercial ice machines, which they've stated will 00:06:46
not be a noise burden, and have added that they can provide adequate employee parking on site as well. 00:06:51
Applicants indicated that the property would not serve as a storefront. No customer traffic is expected. 00:06:56
As some of the conditions imposed on the previous special exception. 00:07:01
Are still in place, such as the fencing. 00:07:03
Barrier eliminating the access drive to Saint Mary's Road and strike parking. Much of the site has adequate futures to 00:07:06
accommodate. 00:07:09
The continued operation of a commercial use that will not be substantially noisy nor have customers has indicated. 00:07:12
Indianapolis cover letter. 00:07:18
I wanted. 00:07:20
Number one, the special exception. 00:07:21
Will not be juries to the public health. 00:07:23
Safety, morals and general welfare of community. 00:07:25
Proposed use would not inhibit the provision of emergency services to the existing structure nor neighboring properties. The 00:07:28
proposed. 00:07:31
Business will also have a partner for staff. Will not contribute to staff or traffic. 00:07:34
As there's no storefront. 00:07:38
The applicants have also mentioned that their prayers were not produced significant notes. 00:07:39
#2 the use and value of the area adjacent to the property. 00:07:45
Subject to the special exception, will not be affected in a substantially adverse manner. 00:07:50
This use is considered low intensity is not anticipated to produce traffic. 00:07:54
There are residential uses located around the property, but it's stipulated in the applicants cover letter. 00:07:58
The company vehicles will not have backup alarms and their applicants have said their prayers not be noisy as to not burden the 00:08:03
neighbors quality of life. 00:08:06
That happens if they have indicated that they intend to maintain and improve the property as part of the business as well. 00:08:10
Which may have a positive effect on surrounding property values. The hours of operation are also reasonable and within the scope 00:08:15
of normal operation hours level retail business. 00:08:20
It seems applicants are trying their best to be mindful and accommodating to neighboring properties as possible, given the 00:08:24
location and use of the lot. 00:08:28
#3 The need for the special exception does arise from some condition peculiar to the property involved. 00:08:31
Properties building has been used for commercial uses for over 70 years, given the odd triangular shape of the lot. 00:08:37
Another use such as res. 00:08:42
Would be difficult to be placed on the line and require multiple variances to meet for county zoning ordinance standards. 00:08:44
Residential use of that lot would be burdensome for the applicants and the continued use of the lot. 00:08:50
For commercial use, seems like the only feasible use. 00:08:54
And before the strict application of the terms of the Floyd County zoning ordinance. 00:08:57
Almost open and necessary our trip in the use of the property. 00:09:01
Thought is significantly constrained in terms of feasible permitted uses due to its irregular shape, and would likely require 00:09:04
multiple variances to accommodate other allowable uses. 00:09:08
Historically, the property is operated as a legal non conforming commercial use for years prior to the previous special acceptance 00:09:13
approval. 00:09:16
The change of commercial uses from the properties previous special acceptance of this proposed E requires another special 00:09:19
exception approval. 00:09:22
#5. 00:09:26
The approval of this special exemption will not contradict the goals. 00:09:27
And objectives of Floyd County Comprehensive. 00:09:30
Proposed use is consistent with the smart growth principle of strengthening directed development towards existing communities. The 00:09:33
structure for the proposed use. 00:09:36
Has already been built in the applicant a state of their desire to improve the property. Approval of the proposed use will also 00:09:40
support encourage small local business in the county to provide a service for businesses in the area. 00:09:45
Staff recommendations verify septic system ability to serve the development. 00:09:50
As it was not submitted at the time of the staff report, maintained fence along neighboring properties. 00:09:54
Maintain a barrier eliminating access drive in Saint Mary's Road. 00:09:58
Staff all up in one year and no reverse alarm vehicles on site. 00:10:02
Any questions for Ray while he's here? I do. I may have missed and apologize if I did. 00:10:07
When these ice machines are delivered. 00:10:12
Are they going inside? They will not be stored outside anywhere, no. They'll be repaired. 00:10:14
Repaired inside OK, but I want to be sure that they're they're not going to be like the ones that are. 00:10:20
That are no longer usable or going to be set outside until you get. 00:10:26
Four or five of them where you afford to get somebody to come pick them up. I don't want any of that out any amount side. 00:10:30
OK. All right. 00:10:36
OK. Anyone else? 00:10:39
Any questions for it? No. 00:10:40
Thank you, Rick. 00:10:41
OK, is the applicant or representative for the applicant here? 00:10:43
To speak on. 00:10:46
This matter. 00:10:47
See one of them. 00:10:49
Coming up here, please come forward, state your name and address for the record, please. 00:10:50
I'm almost a spec. 00:10:54
My address is 3911 canable court in Floyd Knobs, Indiana. 00:10:55
OK, Miss Beck, do you want to tell us anything we didn't already hear? I know you've had a response to that question. 00:11:00
I do, I I will. 00:11:05
Just start with the response to the question. Hold on. Thanks. 00:11:07
She needs to verify she wants to continue. 00:11:11
Ah, yeah. Thank you. I forgot. I would like to continue. Thank you. 00:11:13
Thank you. 00:11:17
As just clarifying that they do want their item hurt tonight, even though we're short one board member thing. 00:11:18
And just for clarification, clarification purposes. 00:11:23
You need to have three votes in order for the. 00:11:27
Pass and so with five. 00:11:30
You have a better chance of getting the three votes than with four just. 00:11:33
As a general proposition. 00:11:37
But so I just want you to know you have to have three votes to pass. 00:11:39
OK, OK. 00:11:43
We're still fine with moving on. Thank you. 00:11:45
So to answer the previous question, we will not be storing ice machines outside. Commercial ice machines are very expensive and 00:11:47
they don't. 00:11:51
Operate out in the weather. So in order for us to be able to use those machines that would be inside. In addition to that, the 00:11:56
garage is very large, so we have all the storage space that we need. 00:12:01
To store them on the inside, anything you want to say? 00:12:07
No, I'm sorry. 00:12:11
Please come to the microphone. 00:12:14
Introduce yourself, Sorry. 00:12:16
PAC suspect with nice ice. 00:12:18
And your address is 3911 Community Court. Thank you, Floyd Knobs. 00:12:20
To answer your question. 00:12:25
A lot of, I think. 00:12:26
That you may be. 00:12:27
Thinking about the. 00:12:29
The containers that are outside. 00:12:30
That people go up and get get ice. 00:12:33
That that is not what I'm talking about is whenever you go to fix 1, you find out it's not fixable. 00:12:35
And you are going to discard it. It doesn't go outside until. 00:12:41
You have somebody pick it up and discard. I don't want any. 00:12:45
Any any of that sitting outside? 00:12:49
I just I could see that being a problem with the neighbors. 00:12:51
That would be a problem that no, we don't do that. OK, thank you. 00:12:53
OK. As I said, my name is Melissa Speck. This is Paxton Speck. We own Ice Machine Rental. We started the business in 2021 and it's 00:13:00
grown substantially since then. 00:13:06
We purchased this property a couple of months ago to be able to operate our business out of. In doing so, what that means is that 00:13:12
we will store ice machines there, both the machines that need to be repaired and the new machines that go out to businesses. 00:13:19
If you can kind of imagine like going into a restaurant and then getting a cup of soda and the ice machine that sits on top of 00:13:27
that soda machine. 00:13:31
That's one of the items that we rented businesses. We rented businesses in Southern Indiana and Kentucky. Some businesses you 00:13:35
maybe have heard of that we have run into. Terry Lynn's Cafe is now closed, but she was a customer of ours. 00:13:42
The wine shop was also a customer of ours, so we do have customers here locally. 00:13:49
In this building we will store those machines. 00:13:54
That we received back from customers. 00:13:58
Until we rent them out again. 00:14:00
We will also do repairs. It will not be a storefront. We will not have customers coming there. It's not the type of business that 00:14:02
we have and that won't work. 00:14:07
It won't create noise, nor will it create any kind of nuisance for the area so. 00:14:12
What will happen is that our employees will come and park there in the morning and they will take out one of our two commercial 00:14:18
bands and then they both service our customers at the customer sites and then at the evening they will come back and trade out 00:14:22
their. 00:14:26
Their commercial band of ours for their car and then leave during the day. We would sometimes have somebody there doing repairs on 00:14:31
ice machines. 00:14:36
That would mean things like switching out electronics or maybe switching out plates. It's not anything that's loud at all outside 00:14:41
of the building would not know that something was going on. 00:14:46
So we don't anticipate that we'll have any negative impact on the neighborhood. 00:14:52
We have made an effort to connect with the neighbors, so in addition to sending out the certification that was asked for. 00:14:57
We also sent out a letter with our telephone number and we met with one of our neighbors, specifically the one who's closest with 00:15:04
us that's right adjacent to that building. 00:15:08
Gave them a tour of the building, answered any questions they might had, and they indicated that they were fine with the proposal. 00:15:12
So, umm. 00:15:19
I guess I'll just stop and take any questions that you might have, unless you have something else to add. 00:15:20
So when we were talking about repairs. 00:15:26
It's it's basically. 00:15:28
We're not changing now. 00:15:31
Compressors or anything like that that's in an air conditioning unit. 00:15:32
I actually have people that I will take the machine to and have it into it off site. 00:15:35
It's basically. 00:15:41
If you were talking about this microphone unplugging apart. 00:15:42
Plugging it back in through the new one in making sure it works. 00:15:45
On that. So there's no. 00:15:49
Loud noises, actually, the traffic on the road, there's much noise here that. 00:15:51
Then less than will be in the building. 00:15:55
What about refrigerants? Do you put use refrigerants there or have refrigerants stored? 00:15:57
I do have refrigerant there. 00:16:04
It like I said so. 00:16:06
If I had to use a refrigerant. 00:16:08
I have it because I my EPA license requires me to have that. 00:16:10
But I will take that machine if it if I have to break a seal or anything like that. 00:16:15
I I don't do that. 00:16:20
I take it to. 00:16:21
Actually two other individuals that do that. 00:16:23
Lived in different places so. 00:16:26
I take those type of machines and those repairs to them. 00:16:29
I would, I'm sorry to interrupt your question, but I just want to add that both Paxton and his employees have. 00:16:33
Went through training for certification for that EPA license and to be able to work with that material. 00:16:39
So no large amounts of refrigerant being stored there and laying a recovery? No. OK. 00:16:46
How long is? 00:16:52
What about the ours 9:00 to 5:00 and Saturday? 00:16:54
You had 9:00 to 12:00, that's three hour window. Is that mainly just for picking up or? 00:16:59
I thought it was a little odd you had three hours on Saturday. Didn't seem like much. It's so. 00:17:04
In what our contract if a business calls us before noon? 00:17:08
We'll be there the same day. 00:17:13
So that's why the 12:00. 00:17:14
Time frame on. 00:17:18
So if they call us, we don't work on Sundays. 00:17:19
So if they call us before noon on Saturday, we will go and repair their machine up to business. 00:17:22
So actually you will be having a truck coming, possibly back. 00:17:27
After 12, as far as that goes, yes. 00:17:30
Yeah, no pickup. 00:17:33
You know, just return how many employees? 00:17:35
They have three-part time employees. 00:17:38
So how long is a rental duration? Is this long term rental or is it? 00:17:43
Event rental or how's it? 00:17:47
So. 00:17:48
The rental period could be anywhere. Our short term rental is for three months, so business wouldn't need to pay for three months 00:17:49
at a premium to get that short term rental. 00:17:53
Most of the time, that is. 00:17:58
Places like golf courses. 00:18:00
Who want a machine during the summertime? And then we'll pick those up. 00:18:02
And then store them. But typically we do a 12 month agreement with our customers in the go month to month. 00:18:06
Thereafter, most of our customers are long term, some of them we've had since 2022. 00:18:12
OK, let's all go. 00:18:17
Any other questions? 00:18:20
Thank you guys. 00:18:22
Thank you. 00:18:23
OK, so we've heard from the applicant. 00:18:26
Is there anyone here this evening that would like to come forward and speak in opposition to this request? 00:18:28
Seeing none, we'll close that section. Is there anyone else here this evening that would like to come forward and speak in favor 00:18:36
of the request? 00:18:40
Seeing none, we'll close that section. 00:18:46
And, umm. 00:18:48
Do we have a ballot? 00:18:50
I do OK, we have a ballot. 00:18:52
All righty, this is Docket FC-0. 00:18:56
Dash 25-23 petitioners packs and Melissa Speaks Nice ice machine rental. 00:19:00
After careful review, the Board finds that the special exception will not be injurious to the public health, safety, morals and 00:19:07
general welfare. 00:19:10
Of the Community because the proposal. 00:19:14
Use will not inhibit the provision of the emergency service of the existing structure nor neighboring properties, the proposed 00:19:16
business. 00:19:20
We'll also have parking. 00:19:24
Area for staff and will not contribute to traffic as there is no storefront the applicants. 00:19:26
Have also mentioned that the repair will not. 00:19:31
Will not produce significant noise. 00:19:35
#2 the use and value of the adjacent. 00:19:38
Area adjacent to the property subject to the special exception will not be affected in a substantial adverse manner. 00:19:42
Because this is. 00:19:49
This is. This use is considered low intensity and is not anticipated to produce traffic. 00:19:51
There are residential uses located around the property. 00:19:57
But are stipulated in the applicants cover letter that companies vehicles will not have backup alarms and the applicants will. 00:20:00
The applicants have stated that. 00:20:07
The repairs will not be noisy as to not. 00:20:08
Burden the neighbors quality of life the applicant have. 00:20:12
Have indicated that they intend to maintain. 00:20:16
And improve the property as part of the business. 00:20:19
Use as well. 00:20:22
Which may have a positive effect on the surrounding property values. 00:20:23
The orders of operation are also reasonable and within the scope of normal operating hours. 00:20:27
A local retail businesses. 00:20:32
It seems the applicants are trying their best to be mindful and accommodating to the neighbor. 00:20:35
Properties as fossils given location use a lot. 00:20:40
The need for a special exception does arise from some. 00:20:44
Condition particular. 00:20:47
To the property involved because the property. 00:20:49
Was built and has been used for commercial use for over 70 years. 00:20:52
Given the old triangular shape of the lot. 00:20:56
Another use such as residents would be difficult to. 00:20:58
To be placed on a lot and would require multiple variances to meet. 00:21:02
The Floyd County Standards. 00:21:06
Residential use on the lot would be burdensome for applicants and and the continued use of the lot for commercial use seems like. 00:21:08
The only feasible use. 00:21:17
The strict application of the terms of the Foley County Zoning Ordinance will. 00:21:18
Result in a necessary. 00:21:23
Hardship in the use of the property because the lot is significantly. 00:21:24
Constrained in terms of he's. 00:21:29
In terms of feasible. 00:21:31
Permitted use due to its irregular shape. 00:21:33
And would likely require multiple variances to accommodate other allowable uses. 00:21:35
Historically, property has operated as a legal, non conforming commercial use. 00:21:41
For years prior in this. 00:21:45
Previous special exception approval. 00:21:47
The change in commercial use from the property. 00:21:49
Previously. 00:21:52
Special exception to this proposed use requires. 00:21:53
Another special exception of appro. 00:21:56
Exemption program. 00:21:58
The approval of. 00:22:00
The approval of the special exemption will not. 00:22:01
Contradict the goals and objective of the Floyd County Comprehensive Plan because the proposed use is consistent with the SMART 00:22:04
Growth principles. 00:22:08
Of strengthening and directing development towards existing communities. 00:22:12
The structure of the. 00:22:15
The structure for the proposed use has already been built. 00:22:17
In the African estate, there desire to improve the property. 00:22:19
Approval. Uh. 00:22:22
Approval of the proposed use will also support and encourage small. 00:22:23
Local businesses in the county and provide. 00:22:28
A service for businesses in the area. 00:22:31
The Board of Zoning Appeals. 00:22:34
Hereby grants. 00:22:38
The petitioner Special exception at the meeting held on today's date. 00:22:41
Approval by the Board is subject to the completion of the following conditions. 00:22:46
Verify septic system ability to serve the development. 00:22:52
Maintain fence along neighborhood properties. 00:22:57
Maintain barrier. 00:23:00
Eliminating access drive to Saint Mary's Road. 00:23:01
Staff follow up in one year. 00:23:05
No reverse alarm vehicles on site. 00:23:09
No outside storage of any kind. 00:23:12
That is my ballot. 00:23:15
OK, we have a ballot. Do we have a second? 00:23:16
I'll second. 00:23:18
With ballot and a second any questions or? 00:23:19
Comments about Ballard is presented. 00:23:22
Seeing none, all those in favor signify by saying aye. 00:23:25
Aye, any opposed like son? 00:23:28
The motion passes. Thank you for being here. 00:23:30
OK. I've seen a number of people walk into the meeting since we began. I want to just clarify if you were here. 00:23:35
Tonight to. 00:23:41
Here, the agenda item for the farm that was tabled until our next meetings. I just want to make sure you're aware of that. 00:23:42
The only items remaining on the agenda this evening involve. 00:23:49
Three agenda items for Verizon Wireless. 00:23:53
Just wanted to make sure. 00:23:56
If you were here for a specific agenda item, you were aware of what's coming up next. 00:23:59
Moving along on our agenda tonight, the next three items as I just mentioned are related to Verizon Wireless. 00:24:04
I would like to. 00:24:10
Recommend since all three requests are for. 00:24:11
The exact same. 00:24:15
Request just at different locations that with the applicants approval. 00:24:17
That we hear them all as one. 00:24:22
But we'll vote on them. 00:24:24
Individually is is there someone here from the applicant this evening? The applicant or? 00:24:25
OK. Are you going to speak on behalf of the applicant? 00:24:30
OK. Are you OK with doing it that way? 00:24:33
OK, thank you. So, so we will present that way. 00:24:35
So, Ray. 00:24:41
Next agenda Item Next three agenda items are FCE. 00:24:42
Yes. And did you hear our prior announcements? Are you OK with moving forward? 00:24:49
OK. Thank you. 00:24:54
So we're gonna hear all three items, FC-09-205-24. 00:24:56
FC-0925-25. 00:25:01
And then FC09-205-26, but we will vote on them separately. 00:25:04
Ray, would you like to update the board on the Staffs findings? 00:25:10
Yes, so. 00:25:13
The locations for these three proposed. 00:25:15
What in the utility poles are? 00:25:19
The right of way along Paley Pike between Hilltop Rd. 00:25:21
I'll be at Parkway. 00:25:25
The right of way along Paley Pike, close to Paley Pike and Scottsville Rd. intersection. 00:25:26
And the right away along Scottsville Rd. by Ginny. 00:25:31
The request is for. 00:25:35
Development standards variance to utilize a wood utility pole instead of metal utility pole for small. 00:25:37
Wireless cell facility. The zoning districts are residential suburban. 00:25:43
Neighborhood Commercial. 00:25:47
Just residential suburban neighborhood commercial. 00:25:49
All right, going into the overview. 00:25:52
The applicant is requesting a development standards variance to install a wood utility pole instead of a metal utility pole for a 00:25:54
small wireless cell facility. The proposed pole would be located in the right of way. 00:25:59
The Long Paley Pike between Hilltop. 00:26:05
Road in Lafayette Parkway. 00:26:07
Another right away along Paley Pike hosted Paley Pike Scottsville Rd. intersection and another right away along. 00:26:10
Scottsville Rd. Fighting Lane. 00:26:16
The applicant has submitted a county utility agreement highlighting the scope of work for the proposal, as instructed by staff. 00:26:19
The Floyd County zoning ordinance under section 5143, item a #4, representing the small wireless facilities, states that the. 00:26:25
Facility shall consist of. 00:26:33
Metal structure and be monopole. 00:26:36
Although not specifically addressed in the Floyd County zoning ordinance, the reason for the requirement for federal monopolies 00:26:38
for small wireless facilities. 00:26:42
Likely stems from their superior durability strength compared to wood. 00:26:46
Their ability to better support the weight of small cell equipment and antennas. 00:26:50
Their uniform and modern appearance. 00:26:54
Their secure attachment to concrete bases. 00:26:56
And their improved performance under adverse weather conditions such as high winds, storms and blizzards. 00:26:58
The Floyd County zoning ordinance defines monopole as. 00:27:04
A single freestanding pole type structure supporting one or more antenna. 00:27:07
Small wireless so facilities are permitted by right if they can meet all conditions outlined. 00:27:11
In section 5.43. 00:27:16
The applicant is indicated in their cover letter that the justification for the variances for the simplicity of installation. 00:27:19
A smaller footprint of the nose. 00:27:24
Future proof from the location. 00:27:26
And the prevalence of other existing wood poles present in the areas being pursued. 00:27:27
These reasons indicate a self-imposed reason for the variance rather than one stemming from necessity due to a hardship. 00:27:32
From the shirt. 00:27:37
Going to staff comments. 00:27:39
Number one. 00:27:40
Their approval will not be injuries to the Public Health Safety, Morals in General Welfare meeting. 00:27:41
Align the wooden utility pool would not be Jewish to public health, safety and welfare as they are located and dedicated right 00:27:46
ways from Park County engineer approval for their location. 00:27:50
#2 The use and value of the area adjacent to the property included in the variance will not be affected in a substantially diverse 00:27:55
manner. 00:27:58
The uses of adjacent properties will remain. 00:28:01
Largely unaffected by the placement of a witting pole for a small wireless cell facility, aside from occasional disturbances to 00:28:04
traffic for installation and maintenance. 00:28:08
#3 the strict application of the terms of the zoning boards. 00:28:15
Resolving practical difficulties in the use of the property. 00:28:20
There is no defined subject property in this case as the proposed polls to be located within a public right away. 00:28:23
While small, waterless cell fluid is operated in right of ways under Section 5.43 of Floyd County Zoning Ordinance. 00:28:29
The ordinance does not permit the use of wooden poles for small wireless Cellulite facilities as outlined in that same section. 00:28:35
The applicants request represents a self-imposed design preference. 00:28:41
Rather than a heart. 00:28:44
Rather than a hardship arising from conditions unique to the site or structure. 00:28:47
Furthermore, the proposed winning polls are inconsistent with the character and aesthetic standards the Floyd County zoning 00:28:52
ordinance established for Small. 00:28:55
Wireless cell facilities and #4 The variance does not involve a structure that is near an airstrip. 00:28:58
And regulated under Indiana Code 8-201-10 as there's no restriction in the vicinity. Staff recommendations. Because the request is 00:29:04
a self-imposed design choice, it does not arise from hardship due to the structure itself. Staff recommends the request to be 00:29:09
denied. 00:29:13
OK. So we've heard from staff. Does the board have any questions for Ray while he's here? 00:29:20
I don't know. OK, So you know, thank you. 00:29:27
I know you already identified yourself as. 00:29:30
Here on behalf of the applicant come forward state your name and address for the record please. 00:29:32
My name is Colby Tony. We'll Telecad Wireless. 00:29:37
1961 N Point Blvd. in Hixson, TN. 00:29:40
OK. Do you have anything to add to what we've heard already? 00:29:43
I guess initially I would. 00:29:48
Contradict. 00:29:51
The umm. 00:29:52
The the more structural stability of the metal pole. 00:29:54
You know, we do these all, you know, throughout the Middle East. I do. 00:29:58
Plenty of sides in Michigan, Indiana and Kentucky. 00:30:01
For a metal pole. 00:30:04
When that is designed. 00:30:07
Typically a middle pole designer cannot take into account what could happen 1234 and five years from now, and if they were to do 00:30:08
that, that would be quite a cumbersome structure. 00:30:13
With pole. 00:30:19
Buried at the depth that we're going to propose it to be buried. 00:30:20
And being in a Class 2 poll. 00:30:23
There's almost no. 00:30:25
Scenario where you can get to a point where that pole is going to be compromised and fail. 00:30:27
Whereas if we go to a pole manufacturer on a case by case, which we do. 00:30:31
And we tell them that the current RF design. 00:30:36
Is X it's it's it's one cantana on the top. 00:30:39
It's 3 panel antennas. 00:30:43
Just below on the face. 00:30:44
And this is what we're going to be. 00:30:46
They are going to design some future loading in that pole, but they they. 00:30:48
You know it's they can't necessarily. 00:30:53
You know, use Verizon's pocketbook to continue to beef that pole up to continue to increase their sale because Verizon's 00:30:57
purchasing a product that. 00:31:01
Is going to meet the need right now. 00:31:05
As those change. 00:31:08
The poles capacity. 00:31:10
For that added. 00:31:11
Weight is going to fluctuate and oftentimes is going to be exceeded. 00:31:13
The foundation's capacity. 00:31:18
Whether the polls passing or not. 00:31:19
If the foundation is not designed and constructed for a future load. 00:31:21
It's not going to be able to take into account what's going to happen and it is going to fail the poll. 00:31:25
And or the foundation. 00:31:30
With a wood pole buried at the depth that we proposed. 00:31:31
There's I've not ran into a situation yet for a site that we cannot modify with the amount of equipment that is needed. 00:31:35
In the rural areas that we're trying to serve. 00:31:41
Anything else you'd like us to know? 00:31:46
No, with that I mean it's. 00:31:51
You know that would be. 00:31:54
The more. 00:31:57
Structurally. 00:32:00
You know. 00:32:02
Identified situation. I understand that that the. 00:32:04
The initial review is that this is more of a. 00:32:08
A taste or a preference from Verizon? 00:32:11
You know, I've heard a lot of concern about different, you know, traffic. 00:32:16
You know, scenarios and making sure we're not impacting. 00:32:20
Your residence when we do a wood pole that same day. 00:32:23
When we do a metal pole, you've got to dig a hole, you've got to pour concrete. 00:32:27
Athletic cure. You've got to then come back, do the installation. 00:32:31
And all of that. 00:32:35
Has to repeat in the event of. 00:32:36
Any instance. 00:32:39
That would compromise that poll. 00:32:41
Whether it be a vehicle strike. 00:32:43
Whether it be a tree. 00:32:44
Anytime that were to happen to a wood pole. 00:32:47
It's still just one day. 00:32:50
You come in, you replace it. 00:32:51
Your negative impact to the to the. 00:32:53
Traffic your negative impact to neighboring. 00:32:55
Properties is. 00:32:58
Minimal. 00:32:59
Always. 00:33:00
Any questions? 00:33:03
What height are they supposed we do not exceed 40 feet on the pole? 00:33:05
But also, you know, we would take into account anything of your ordinance. 00:33:10
I would have to pull that up right now. Whatever you guys pass, obviously, is it 40 feet above ground or it will be 40 feet? 00:33:13
OK. 00:33:22
So where the pervasives will still be? 00:33:27
So how? How deep? 00:33:30
Do you go with a wood pole? 00:33:32
We would be, we would, we would prefer 10 feet and typically. 00:33:34
We do not have municipalities that take issue with that because it only further stabilizes the pole. 00:33:38
If for some reason you guys wouldn't want that. 00:33:44
You know the standard utility practice is 10% + 2. 00:33:47
Would be your standard burial depth. We increase that by three once again. 00:33:52
To to continue to future proof the asset so that when the need comes that we need to modify it. 00:33:56
We're taking, you know, the bucket trucks going out there is replacing things you're not. 00:34:03
Ripping out poles or you're not. 00:34:07
You're not staging a poll for somebody to put in in two weeks. That's further. 00:34:09
You know, interfering with what you have. 00:34:13
How? How deep is the metal pole foundation? 00:34:16
See that? That's going to be determined by engineer. 00:34:19
Yeah, yeah. So whoever the manufacturer is, right, dictate what that is and so depending on that loading. 00:34:22
That could be rather large. 00:34:28
That and you're aware that 10 foot deep you'll be in rock employee knobs. 00:34:29
Welcome to Ablington. 00:34:33
We will have. 00:34:35
They will have to get get their hands dirty already. 00:34:36
OK. But I mean, you're, you're capable of drilling, drilling a rock and that's not a problem. 00:34:39
And then another question is the equipment that goes on that? 00:34:43
At the time that you. 00:34:48
Put it into service. 00:34:51
What is that? Give us kind of what? What does that look like? 00:34:54
What is that You're gonna now with a wood pole? We also lack the simplicity of the the equipment can be attached to the pole or 00:34:57
not. You know, there are plenty of metal pole scenarios where you can put, you know, different cabinets and different attachments 00:35:01
on a metal pole. 00:35:06
But a lot of times with the metal pole it's accompanied by ground cabin. 00:35:10
It's about ground cabinet, yeah. So we would put everything on the pole, any rectifier, obviously your meter disconnect. 00:35:13
All the antennas. 00:35:22
Any cabling going up to that amounts to it. 00:35:23
And really in the grand scheme of things. 00:35:27
You'll begin to drive by these and and. 00:35:29
Liking it to seeing a transformer right So. 00:35:31
So when the initial startup. 00:35:35
Does that. 00:35:37
Can that be added to down the road? 00:35:38
And the more equipment, can it be put on phone, OK. 00:35:41
Is that the plan Usually what happened? Well, you have so much capacity on these wood poles and and if it would bring Peace of 00:35:43
Mind. 00:35:47
We are more than capable of providing A structural level. 00:35:50
My company is an engineering company, right? New structurals on these Verizon all poles, right? 00:35:54
Structural Analysis. 00:36:00
Right. 00:36:02
Other questions you mentioned Class 2 poll, can you? 00:36:05
Describe how that's different than. 00:36:07
The other power poles we see out there being a small pencil like pole for an AT&T pole that just has a simple calm line that's 00:36:09
probably only about 18 to 20 feet out of the ground, that's class 5. 00:36:14
So, so it's going to get larger from there 54321. 00:36:20
A Class 2 I think is going to have. 00:36:24
It's 12 to 14 inch diameter at the top. 00:36:28
So it will be tapered, it will increase to the bottom is going to. 00:36:31
Have an effect on whether it's going to. 00:36:35
Twist and bend as it ages. 00:36:38
Oh yeah, I don't imagine anybody in this room would have a problem with the Class 2 poll. 00:36:42
Being an issue and. 00:36:47
In our lifetime, for certain they they have buried 10 feet. They are. 00:36:49
There's nothing that's really going to impact. So you're saying that? 00:36:54
It piggyback on what Scott's saying here. We see. 00:36:57
In the in these general vicinities, I drive by them all the time. Kohl's. 00:37:00
Those Transformers start to sag. 00:37:04
You're saying that won't be the case with these? Well, see. 00:37:06
It's a very symmetrical. 00:37:10
Yeah, and and. 00:37:12
The transformer poles are in line of other utility poles that are doing the job that those people have put them there for. 00:37:14
Is to serve the residents. 00:37:21
Cell service. 00:37:23
It's pretty symmetrical because we also. 00:37:24
Need to serve in multiple directions, right? So we're not really loading up one side of the pole as if you would be for a 00:37:27
transformer. 00:37:30
Was that kind of where you were going? 00:37:35
Other questions from the ward. 00:37:37
Steel poles or? 00:37:39
On a poll, how would the. 00:37:41
Fixation at the ground beef. They'll be bolted to the ground. 00:37:43
If if we were to go steal, there would be a concrete foundation. 00:37:46
At a minimum. 00:37:51
You'd have to dig it out. You have to pour concrete foundation, let it cure. There would be bolts to come up out of that to affix 00:37:52
the pole to the concrete foundation. But. 00:37:56
That would also. 00:38:00
Yeah, larger foundation, a larger foundation. Also he gives the opportunity for more interferences. 00:38:02
Under the ground that you would have to try to avoid typically. 00:38:08
A wood pole. 00:38:11
You have a very high success rate of avoiding any underground. 00:38:12
Utility. 00:38:15
That you could encounter. 00:38:17
OK. 00:38:19
Driving by down there a scene where. 00:38:22
There's fairly new electric lines up there. We talking about the same? 00:38:24
Basically sized pole. I'm sure you. 00:38:28
Familiar with that area there a lot of your polls and the utility companies will end up. 00:38:30
They can use larger, and they probably should have used larger if you're seeing poles and Transformers leaning. 00:38:35
They probably should have went on down to a Class 1 and they actually get larger than a class one. There's one ABC. 00:38:40
They could have done that. 00:38:47
But it's aesthetically, it's going to be very similar, the only you know. 00:38:49
Unless you get into people. 00:38:52
The AT&T runs are typically much smaller poles because AT&T is not in the power business, so you don't have Transformers. 00:38:55
Any other questions? 00:39:04
OK. Thank you. 00:39:06
Yep, we may call you back if necessary. 00:39:07
OK, so we've heard from the applicant. 00:39:11
Is there anyone else in the audience to speak in favor of this request this evening? 00:39:14
It's amazing how the crowd shrunk when we got to this. This is the first. 00:39:21
OK, we'll, we'll close. Yeah, we'll close the section. 00:39:27
Or anyone else in favor? 00:39:30
Is there anyone here this evening that would like to come forward in opposition to these requests? 00:39:31
Please come forward, state your name and address for the record. 00:39:37
My name is William Keith Ballman. 00:39:44
And my address is 4011 Scottsville Rd. 00:39:46
And I'm not necessarily opposed. I'm a Verizon customer. 00:39:50
We get great service there. 00:39:53
But I do have some questions. 00:39:55
Regarding the Jenny Lane vocation. 00:39:57
Where exactly? 00:40:00
Is it north of Jenny Lane or South of Ginny? 00:40:02
Where is it in relation to where we put the sign? 00:40:05
Is that I'm. I'm in. I wish I could remember. Yeah, with the signs on the left hand side as soon as you pull in on Jane, if I 00:40:09
remember. 00:40:13
Yeah, yeah. 00:40:17
Yeah. So that is a. 00:40:18
And there is an and I could be wrong about this. Is there an existing Verizon pole near the Firehouse? 00:40:21
The black, the black metal. 00:40:29
I don't know. 00:40:31
Yeah, OK. 00:40:32
That was, I just wanted to know, you know, where it was. I guess it was one thing. 00:40:34
Hell no. 00:40:39
Is it basically the purpose is to make more? 00:40:43
Customers getting a bigger spread than you're getting now. 00:40:47
We'll have him come back and answer your question. 00:40:51
Just make the proper procedure. That's my only question is. 00:40:55
Why do we need it? 00:40:59
Another poll. 00:41:00
Because I believe there's one near there already for Verizon. 00:41:01
Capital, that's that's all I had. 00:41:05
Thank you. Anything else? 00:41:06
Thanks, Keith. 00:41:08
OK. So would you like to come back and respond to that question? 00:41:10
As obviously everybody here is aware, technology changes overtime. 00:41:21
And and kind of alluding to. 00:41:26
What I discussed about the metal poles. 00:41:29
There are limiting factors to metal poles depending on who owns them and how they are designed. 00:41:31
With the new technology and what may need to be proposed in certain scenarios. 00:41:36
If a metal pole cannot accommodate that and or the owner of said pole. 00:41:41
Does not want to accommodate Verizon. 00:41:45
Than Verizon has. 00:41:47
An obligation. 00:41:49
Per the FCC. 00:41:51
To meet that need with the latest technology. 00:41:52
That is on air, so this is all. 00:41:55
Based on E911 implications, people need to be able to make emergency calls. 00:41:57
And umm, uh. 00:42:02
If the latest technology is not out there for any number of reasons, whether that be. 00:42:03
Municipal pushback, whether that be. 00:42:09
You know, pole owners push back. 00:42:12
You know, any, any number of things, Verizon has a duty. 00:42:15
To get. 00:42:18
Cell service on air for people to make emergency phone calls. 00:42:19
So and that doesn't necessarily always mean for the residents. 00:42:22
It's just as important for the passerby. 00:42:26
The person driving. 00:42:28
That may have an emergency and they cannot drop that call. 00:42:29
I got a question. 00:42:34
Are the polls going to be put into an existing right away or you have to get it right away from? 00:42:36
They the property owner. 00:42:41
No Sir, they will be in the public right way. 00:42:43
Yeah, OK, so that could cause a problem with. 00:42:45
Electric wire, sewer lens, water lens then. 00:42:49
Where you put your pole. 00:42:52
We would do a line locate and and that would be avoided. 00:42:53
You know if and when that is. 00:42:57
But I mean, if you have to put a concrete pad, that could be a problem. Yes, Sir. 00:42:59
Absolutely. Yeah, the wood pole simplifies. 00:43:03
A lot of. 00:43:06
Scenarios. 00:43:06
And you know, as it was also stated by the gentleman here, there are wood poles everywhere. 00:43:08
So it was also. 00:43:13
It's one of those things sometimes you know you can. 00:43:14
I'm trying to think of the best way to put this but. 00:43:19
Yelp. 00:43:22
Putting bow on it. 00:43:24
Manure pile. 00:43:25
Steel manure pile. If you put a metal pole amongst a bunch of wood poles, what's going to stick out more? 00:43:27
Something to think about. 00:43:33
I got. I got. 00:43:36
I'm sorry. 00:43:38
I don't have more questions for you. 00:43:39
Anybody else have a question? 00:43:41
No, thank you, Sir. Thank you. 00:43:43
I got one for. I got for, right. I got a question for you right. 00:43:45
Is there? Is there an explanation in the ordinance? 00:43:49
That it says why they do not want the metal pose. 00:43:52
No, I I with some of the reasons. 00:43:55
While they do well, they want. I'm sorry. Thank you, thank you, thank you. 00:43:59
Yes, wow. 00:44:03
That went over did it some of the reasons. 00:44:05
I listed before just their ability to withstand adverse conditions. 00:44:09
They're secured to a base. 00:44:14
Has a foundation and there can support more weight. 00:44:17
As far as? 00:44:20
The location that would have to be approved by accounting engineer. 00:44:22
Horatio, Greta. 00:44:26
Right for where their place of he found that he. 00:44:27
Thinks that there's an issue with the placement. He would request that it be moved elsewhere. 00:44:31
All right then. 00:44:35
Then one more question, if it's in a right away, did they have to sign an agreement that if that improvements are made in that 00:44:37
area that. 00:44:41
If it conflicts with the. 00:44:44
With the improvements or the widening whether they have to move their. 00:44:46
They have to move. That might be included in the utility agreement, but our utility agreement really has language pertaining to. 00:44:50
Wrote Borings. 00:44:56
And. 00:44:58
I'm not sure. 00:45:00
Thank you. 00:45:04
Okay. 00:45:07
I don't think so. 00:45:10
Well, it's, it's, it's the board. It's the board's choice. Would you like to hear response to that? 00:45:12
I don't see where it hurts. Please come forward. 00:45:17
Just being a person that that works with poles. 00:45:25
For a living. 00:45:28
Metal pole. 00:45:29
Does not. 00:45:30
Always and often times. 00:45:31
Mostly will not equal stronger. 00:45:34
It also depends on material that's being built, but very seldom. 00:45:37
Can can a metal pole replicate? 00:45:40
A tree that's been here for hundreds of years and the Earth that's been here for. 00:45:44
We can debate all day long, but how long the Earth's been here? But. 00:45:49
Putting that tree in that soil in the correct conditions. 00:45:53
Very seldom will you find a metal pole that can compete with that, and because that doesn't happen, that's oftentimes when you see 00:45:56
towers. 00:45:59
As opposed to metal pods. 00:46:03
Metal poles whenever they get compromised. 00:46:06
In in many forms of fashion and also. 00:46:08
It's not necessarily the metal pole being compromised. When the foundation becomes compromised, the metal pole is compromised by 00:46:11
default. 00:46:14
You have to then. 00:46:18
Correct your foundation otherwise. 00:46:20
You have an enormous liability with your metal. 00:46:22
So while I appreciate the. 00:46:25
The language that is in the ordinance. 00:46:27
Metal pole in most cases does not equal stronger when compared to a wood pole. 00:46:30
Any other questions? 00:46:37
Well, I do have a question and I think it has to do with the monopoles that's in the ordinance. 00:46:38
I know when we do cell phone tires and different ones. 00:46:45
Those metal poles are made to fall within. 00:46:49
A certain area where they collapse. 00:46:51
Now, uh. 00:46:54
If is this type of pole going to be like that? 00:46:55
Or is it going to be like a big pull if it breaks off the base, this is going to go all the way down because? 00:46:59
You know we're talking big difference here if it falls. 00:47:04
Within itself a certain area like a cell phone tire. 00:47:07
That makes a big difference on the steel because usually a wood pole. 00:47:11
Will not break off the base, it will break off. 00:47:15
Say, halfway or part of the way up. 00:47:18
To where it doesn't fall as far. 00:47:20
And, umm. 00:47:22
I just happen to think about that. 00:47:23
And well. 00:47:25
Was that to me or to this gentleman? 00:47:27
Well, are your polls going to be? 00:47:29
Where it's just one structure that breaks off at the base, it's going to be 1. 00:47:32
Pacers are going to be working break off. 00:47:36
So high up. 00:47:39
That would follow within itself. 00:47:40
Well. 00:47:42
Within itself, it would still. 00:47:43
You know, theoretically it wouldn't have a footprint larger than 40 feet because it's a 40 foot pole, but it would all be dictated 00:47:44
on how the pole is struck. 00:47:48
And then there's there's so many variables there, I don't know how we can. 00:47:52
You're talking about a 250 foot tower. 00:47:55
Right is designed to crumble in and on itself right you're talking about. 00:47:58
It would be no more. 00:48:02
Problematic then. 00:48:04
Any other utility pole that would get struck in your. 00:48:05
In your run list. 00:48:08
Any other questions? 00:48:11
Thank you, Sir. 00:48:14
OK, so we've. 00:48:16
Did you have something right you want to add? 00:48:17
OK, we've heard. 00:48:19
From the applicant, we've heard public comment. 00:48:20
You've answered a lot of questions. Do we have a ballot? 00:48:23
This is this is in response to the wood bowl so. 00:48:27
Our ordinance does allow for wooden poles, but specific to. 00:48:34
What this request is for? 00:48:37
It's not for small cell wireless facilities, so those windows that might be in the vicinity. 00:48:39
The vicinity of where they're proposing to place those poles may not be for. 00:48:43
What they're requesting for. 00:48:48
Small cell wireless facility use. 00:48:49
So in other words, the polls we see everywhere, mostly other utilities itself, so. 00:48:52
That's correct. OK. 00:48:56
So does that mean that our ordinance? 00:48:58
Is not opposed to them. 00:49:01
Or is it a preference? I think I think that. 00:49:03
Our ordinance is trying to have a uniform modern appearance. 00:49:08
And there's other reasoning behind possibly why some that I've listed. 00:49:12
For instance, wood poles. 00:49:17
Are combustible. They also can rot. 00:49:19
So I'm. 00:49:21
It's not specifically stated, but that's kind of some of the reason behind why I think that they're kind of going for the metal 00:49:22
monopole look. 00:49:26
Sure. 00:49:30
I don't disagree just from. 00:49:31
For whatever it's worth. 00:49:33
Before we get to the ballot point, I do think. 00:49:34
What I've heard tonight. 00:49:37
That I heard some pretty reasonable. 00:49:39
Rationale behind. 00:49:43
A wooden pole amongst a bunch of other wooden poles. 00:49:45
Versus before thinking aesthetically. 00:49:48
Which I think is what probably all of us thought initially. 00:49:50
I think the point that was made earlier that. 00:49:53
That would. 00:49:56
A pole pole. 00:49:57
Amongst the others, probably would stand out more. 00:49:58
But I'm not sharing an opinion one way or the other, I just think it's a very good point. 00:50:01
For us to consider any addition of a. 00:50:06
Cabinet, uh. 00:50:08
Yeah. Yeah, exactly. 00:50:09
OK, so so we've heard everything. Do we have a valve? 00:50:13
I've got a ballot and I got a question. 00:50:17
I want for something I guess for. 00:50:20
Rick, OK. 00:50:22
I need to read. 00:50:24
Every. 00:50:25
Single ballot. 00:50:26
Even if all three ballots are identical. 00:50:28
Yeah, just, I mean, I'll do it if that's what you say to do. 00:50:31
OK, give me a drink of water. 00:50:34
All right. All right. So what's the first one? So I just get FC-09-205-204-24. OK, got it. 00:50:35
OK. 00:50:46
All right, OK, this is. 00:50:48
Docket FC-09-20. 00:50:52
5-24 Petitioners names Telecad Wireless. 00:50:55
On behalf of Verizon Wireless, the various petition. 00:50:58
The parents petition shall be approved, be approved in the findings of the fact and may consistent with the requirements the 00:51:01
ordinance Indiana State Code. The petition shall be approved. 00:51:05
With the modification, if the Board determines that the required findings in fact may be made in a certain conditions are applied. 00:51:09
To the petition, the Board may make reasonable conditions related to the required findings and facts. 00:51:16
Part of its approvals are are accepted comments. 00:51:22
Commitments for the petition. 00:51:25
All right, after careful review, the board finds. 00:51:27
Approval of the variance will not be endures to the public health safety morals. 00:51:32
And general welfare of the community because allowing a wooden utility pole would be injured. 00:51:36
Would be would not be a jurist to the public health, safety and welfare. 00:51:41
As they are located and dedicated right away and require county engineer approval for their location, the. 00:51:46
#2 the use and value of the. 00:51:52
Of the area adjacent to the property included in the variance will not. 00:51:55
Be affected in a substantial adverse manner. 00:51:58
Because the use of the adjacent properties. 00:52:00
Will remain largely unaffected by the placement of wooden pole for the small wireless cell facility, aside from occasional 00:52:03
disturbance to traffic for insulation and maintenance. 00:52:07
The strict application of the terms of the zoning urns will not result in. 00:52:13
Practical difficulties in the use of the property because there are there are. 00:52:18
No defined subject properties in this case as a proposed pole is to be located within a public right of way. 00:52:22
While small cell wireless facilities are permitted in the right away intersection. 00:52:28
5.43 of the Floyd County Zoning Ordinance orders. The orders does not permit the use of wooden poles for small wireless sales 00:52:32
facilities as outlined in the same session. 00:52:36
The applicants request. 00:52:41
Represents a self-imposed. 00:52:43
To sign preference rather than a hardship horizon from the conditions. 00:52:45
Unique to the. 00:52:50
To this site of the structure Furthermore. 00:52:51
The proposed wind pose are inconsistent with character. 00:52:54
I don't know if I can agree with that. 00:52:59
I don't know what I'm saying. 00:53:02
You're gonna strike at sentence? Yeah. 00:53:09
Yeah, I. 00:53:15
OK. 00:53:18
#3 I didn't, I didn't finish even read it. I'll. 00:53:20
Go back and the applicant request represents a self-imposed design. 00:53:24
Preference rather than a hardship arising the condition unique. 00:53:28
To to the cider structure. 00:53:31
#4. 00:53:33
The variance does not involve a structure that is near an air strip and regulator code 8-201-10. 00:53:34
There are no airstrips in the vicinity. 00:53:41
OK. 00:53:43
If this part up here, I do not need to to fill out correct? 00:53:45
Inside that doesn't involve a structure. 00:53:51
You hear that? 00:53:53
Brick. 00:53:55
No it does not. 00:53:58
#4. 00:54:00
I got #4. 00:54:04
Can I see real quick? Yeah. 00:54:06
That means is it considered a structure? Is not considered a structure. 00:54:08
Oh yeah, because. Because it is not. 00:54:17
That's correct. 00:54:21
OK, all righty. 00:54:23
All right, the board is only hereby. 00:54:26
The Petitioner. 00:54:29
At the meeting held on the 15th day of October. 00:54:32
2025. 00:54:37
With the following conditions. 00:54:38
No work. 00:54:42
Will be performed. 00:54:45
Only the no work before before 9:00 AM. 00:54:50
Or after 3:00 PM. 00:54:54
Never so good. 00:55:03
Or more simply said. 00:55:06
Work should only be between 9:00 and 3:00. 00:55:08
It's just for installing. 00:55:20
Yep, that's right. Yeah. Yep, Yep, Yep. OK, that is that is my ballot. 00:55:21
OK, we have a ballot. 00:55:27
Do we have a second? 00:55:28
I mean, I've got a question. 00:55:31
We have to. You need a second before we question, I'll second. 00:55:35
OK, we have a second from. 00:55:38
From Scott and then my question. 00:55:40
Section 3. 00:55:42
You said will not but but your ballot is to approve. 00:55:44
Does that need to be will and then? 00:55:50
Describe some of the well. 00:55:52
The strict application of terms of zoning arms will not resolve your practical gift dollars in the use of. 00:55:55
Proposed property is of. 00:56:00
Public utility easement, right? Yeah. 00:56:03
That was a question I had for Rick. 00:56:07
So do we need to satisfy that? 00:56:09
To vote on an approval. 00:56:12
Well, I think the answer is that it won't. 00:56:17
That's what I'm thinking. 00:56:22
Yeah, it so it it won't create practical difficulties, but you're saying Scott? 00:56:23
Because it won't. 00:56:28
Then are you saying that prompts us to decline these? 00:56:30
Or are you saying? 00:56:33
Will we decline? OK. 00:56:35
OK. All right. 00:56:38
And we would allow the polls if you put Will. 00:56:42
But with a loud pul. 00:56:46
Right, but will not. 00:56:48
Says. 00:56:50
That's not a problem. Put in the middle there. 00:56:50
OK. 00:56:53
OK, because it would. 00:56:56
Well read your read. What do you have for #3 again? 00:56:59
Sorry guys. 00:57:05
The strict application of terms is ordinance will not result in practical difficulties in the use of the property because there 00:57:06
are no defined. 00:57:10
Subject properties in this case, so it's an. 00:57:14
As the proposed PO is to be located with the public Broadway. 00:57:18
While small cell wireless facilities are permitted in the right of ways, intercession. 00:57:22
5.43 of the Floyd County zodiacs the ordinance does not permit. 00:57:26
The use of wooden pose. 00:57:30
For small wireless cell. 00:57:32
Facilities as outline the same section. 00:57:33
The advocates request. 00:57:36
Represents a self-imposed design. 00:57:37
Rather than a hardship, rising conditions, destruction. 00:57:39
OK, Will we strike something? 00:57:45
What do you think? No, I'm just making sure that. 00:57:47
We good, Rick. 00:57:50
Yeah, I think so. Making sure we have the reason to approve, right. I agree. I. 00:57:53
No problem question. 00:57:58
So so we all are in agreement. 00:58:01
And our attorney, Mr. Fox, is in agreement. Then I think we're good to vote. I think so. 00:58:03
Yeah, all those in favor signify by saying aye, aye. Any opposed like sign, OK, we've approved one. 00:58:07
So do we have a ballot for the next one? It'll make me do the same thing. Yes, Sir. You need more water. No. Good. I just got to. 00:58:14
OK, here it is. That's. 00:58:32
Okay, Doctor FC Dash. 00:58:35
09-205-26. 00:58:37
Petitioners name Telecad Wireless for on behalf of Verizon Wireless. 00:58:40
After careful review, the board finds that. 00:58:48
The approval of the variance will not. 00:58:51
Be injurious to the public health, safety, morals and general welfare community because. 00:58:53
Allowed. It wouldn't. 00:58:58
Utility pole would not be injurious to the public health, safety and welfare as they are. 00:58:59
As they are located and dedicated right of ways in Ricard County Engineer approval for the location. 00:59:04
#2 the use and value of the area adjacent property included in the variance. 00:59:09
Will not be affected and substantial in person. 00:59:14
Manner because the use of the adjacent projects will. 00:59:16
Remain largely unaffected by the placement of the. 00:59:19
Wooden pole for a small wireless facility, aside from occasional service to traffic for installation maintenance. 00:59:22
#3. 00:59:28
The strict application of terms is owner will not result in practical difficulty in the use of the property because. 00:59:29
There's a definite. There are no defined subject property. 00:59:35
In this case. 00:59:38
As proposed, PO is to be located within the public right away. 00:59:39
While small self water facilities are permitted in right of ways under Section 5.43 for the Floyd County Zoning Arts, the 00:59:42
ordinance does not permit the use. 00:59:46
Of a wooden pole for small. 00:59:51
Small wireless sales facility is that line same section that. 00:59:53
Request. 00:59:56
Represents a self-imposed assignment. 00:59:57
Preference rather than a hardship horizon from the. 01:00:00
From conditions unique to the site of our structure. 01:00:02
The variance does not involve a structure. 01:00:06
That is near an airstrip regulated undercoat. 01:00:09
Indiana code 8-201-10 There are no airstrips in the vicinity. 01:00:11
After I see OK, the board of zoning appears hereby. 01:00:18
Grants the petitioner the variance at the meeting held. 01:00:22
On the 15th day. 01:00:27
Of October. 01:00:29
2025 with the subject. 01:00:31
Is no work. 01:00:33
Perform. 01:00:38
Only. 01:00:43
9. 01:00:46
To 3:00 PM. 01:00:50
That's my ballot. 01:00:53
OK, we have a ballot. Do we have a second? 01:00:55
I'll second in a second. 01:00:57
I assume there are no other questions, so all those in favour signify by saying aye aye. Any opposed like sign? 01:01:01
Second one is approved. 01:01:07
Now we have a third coming up. 01:01:09
All righty Docket FC-09-205-25, Petitioners name Telecad Wireless on behalf of Verizon Wireless. 01:01:11
After careful review, the board. 01:01:20
Finds that number one. 01:01:22
Approval The variance will not be injurious to the public health safety morals. 01:01:24
In general welfare of the community because allowing a wooden Poe. 01:01:27
Would not be injurious to the public health, safety and welfare as they are located dedicated right away in required counties. 01:01:30
Engineer approval for the location. 01:01:36
#2 the use and value of the Jason. 01:01:38
The use and the value of the area adjacent to the property included in the variance will not. 01:01:41
Be affected of substantial adverse manner because. 01:01:46
Which will. 01:01:49
Remain largely unaffected by the placement wooden pole. 01:01:50
For the small wireless cell facility, aside from occasional service to the truck. 01:01:54
To traffic for installation and maintenance. 01:01:58
#3. 01:02:00
The strict application of the terms of this ordinance will not result in. 01:02:01
Practical difficulties in the use of. 01:02:05
Of the property because there are no defined subject properties in this case. 01:02:07
And the proposed pole is located within the public right of way. 01:02:12
While small cell wireless fillies are permitted in the right of way. 01:02:14
Under Section 5.43 of the Foley County's all yards, the ordinance does not prepare for you. 01:02:18
Permit for the use of wooden pose for small. 01:02:22
Wireless cell facilities as outlined in same section. 01:02:25
The applicants request represents a self-imposed design. 01:02:28
Preference rather than a hardship arising from the conditions unique. 01:02:31
To the structure. 01:02:36
To the site or structure. 01:02:37
#4 the. 01:02:44
This variance does not involve a structure near. 01:02:46
That is near an airstrip or regulated under. 01:02:49
Indiana Code 8-201-10. 01:02:52
There are no airstrips in the vicinity. 01:02:55
The board of. 01:02:59
Zoning appears. Appeals hereby grants. 01:03:00
The petitioner variance on the 15th day of October. 01:03:03
2025 with the following conditions no work. 01:03:08
Performed. 01:03:14
Between. 01:03:18
9:00 AM. 01:03:21
And 3:00 PM. 01:03:24
Or no work for me outside of that is my about what? 01:03:25
Outside, yeah. So no work performed between. 01:03:29
Thank you. 01:03:33
Yeah, outside. 01:03:35
It's been a long day for Mr. No work performed. 01:03:37
Play the last music. 01:03:42
Yeah, here, let me just. 01:03:44
All work. 01:03:48
Performed. 01:03:52
Now let me see that between. 01:03:54
It's it's between. It's performed only. 01:03:59
Rick, Nancy won't go back. 9:00 AM. 01:04:02
3:00 PM. 01:04:06
What I did? I said write something wrong. 01:04:09
You did when you wrote within that timeline. 01:04:11
We deny the petition. 01:04:17
No, you approved it. 01:04:18
We're not allowed in the wood pose. 01:04:21
That's what he requested. 01:04:23
Now we just, we just allow it. 01:04:25
Well, he's asking. We're allowing his. 01:04:27
OK. 01:04:30
Yeah, I guess let me you want me change will not is wrong, then will would be right, correct. 01:04:32
So my helmet is what you're working on 1st I just I just wrote all work performed only. 01:04:40
Between 9:00 AM and 3:00 PM. 01:04:45
Yeah, that works, don't it? Between. 01:04:47
I'm confused here. 01:04:52
There you go. 01:04:54
All right, so we're allowed. 01:04:56
I will second. 01:05:09
OK, we have a motion in a second. 01:05:10
All those in favor signify by saying aye aye. Any opposed like sign. 01:05:11
Motion passed. 01:05:16
OK. Is there any other business to come before the board this? 01:05:19
Seeing none, I would entertain a motion to adjourn. 01:05:23
So moved second motion in a second. All those in favor signify by saying aye aye. 01:05:26
We are. 01:05:30
Adjourn. 01:05:32
Thank you folks. 01:05:33
So the number 3 should be will result in practical. 01:05:36
Well, that's that's my question, but really will allow suppose. 01:05:39
Wilma doesn't allow the public. 01:05:48
Well, at the end you're. 01:05:53
We're still approving. You're still proving the wooden pulse OK. 01:05:55
That that was my question. 01:06:00
Well, the problem is I I can't bear that with it. Denial. 01:06:03
Well, me too. 01:06:07
I can't. 01:06:10
Either I have a problem with that after hearing, you know, the cabinet was a big thing. Well, you think about it, the middle post 01:06:10
going to fall, it's going to fall the 40 feet a wood pose not. 01:06:16
But these are break up. 01:06:23
Sir. 01:06:25
Those metal poles would snap. 01:06:30
They use against. 01:06:33