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Event transcript
Hello, gentlemen. 00:00:03
Oh God. 00:00:06
I'm taking. 00:00:07
When I went into it. 00:00:20
All right. 00:00:47
Very good here. 00:01:18
Great. 00:01:20
Good evening everybody. 00:01:48
Like it cold tonight's? 00:01:50
Meeting of the Floyd County Board of Zoning Appeals to order. 00:01:51
Tonight is our regularly scheduled meeting, November 10th, 2025. We will begin our meeting with Roll Call. 00:01:56
Mr. Belezer here. 00:02:04
Here here. 00:02:06
Here. 00:02:09
Here. 00:02:10
OK. We do have a full board present, so we will move into the minutes. The minutes of our last meeting have been circulated in 00:02:11
advance of this meeting. 00:02:15
And I assume everyone has had a chance to review those, so I would. 00:02:20
Entertain. 00:02:23
Any comments? 00:02:25
Uh, changes or corrections? If none of those, I would entertain a motion to approve as presented. 00:02:27
Make a motion to approve. 00:02:33
I got a couple things. My name's. 00:02:34
Misspelled on the first couple pages. 00:02:36
One and two and a couple spots. 00:02:39
But I will second with those changes. 00:02:42
OK, we have a motion and a second. 00:02:45
With Mr. Whelan's name corrected in the spelling. 00:02:47
All those in favor signify by saying aye aye. Any opposed like sign. 00:02:51
OK. We're going to move on into old business and tonight. 00:02:56
First item on our agenda for old business. The only item on our agenda is FC-09-25. 00:03:02
5-27. 00:03:08
I'm here to talk about. 00:03:10
A revocation of our special exception and. 00:03:12
I believe we have staff to give a report to the board. 00:03:15
Good evening. 00:03:23
This docket item Mr. White. 00:03:25
Stated is an opportunity to the notice of. 00:03:27
Violation regarding violation conditions of the special exception approval and the revocation meeting we have today is pertaining 00:03:31
to that. So I'll go ahead and start. 00:03:35
A little bit of background information, the owner is the sporting club at the farm. 00:03:40
The location is 4939 Highway 111 S. 00:03:44
New Albany, IN 47150. 00:03:48
The zoning district is agricultural residential. 00:03:51
And now I'm going to go into the overview. 00:03:54
So on September 9th, 2024. 00:03:57
Director of Operations. 00:04:00
Nick Creepy issued a notice of violation. 00:04:01
To the sporting club at the farm for violation of the restricted boundary area. 00:04:04
During an archery event that took place from August 16th. 00:04:07
Through 18th, the farm appealed the decision to the BZA. 00:04:11
As their understanding was that they did not think. 00:04:14
Archery events were beholden to the restricted area. 00:04:16
The BGA upheld the decision, stating that archery events. 00:04:19
Was also adhere to the boundary area. 00:04:22
On August 21st, 2025, staff issued the Sporting Club at the Farmer Notice of Violation letter. 00:04:25
After an investigation by code enforcement officer. 00:04:30
I work N regarding an archery event held on the property from August 8th. 00:04:33
Through 10th, which is found to be in violation. 00:04:37
Of several conditions of their special exception approval. 00:04:39
The letter specified violations related to the maximum amount of. 00:04:42
People. 00:04:45
Permitted on the property during events. Participants shooting within the restricted bander area. 00:04:46
The absence of adequate traffic control during the duration of the event. 00:04:51
This notice of violation Notify the Sporting Club at the Forum of a scheduled public meeting to revoke. 00:04:54
The special exception as it was a continuance of previous violations of the conditions of her special exception. 00:05:00
Staff met with Sporting Club personnel on October 1st, 2025. 00:05:07
To discuss the second notice violation letter. 00:05:11
Sat met with them again on October 23rd to discuss the material submitted. Staffed by attorney John Hughes. 00:05:13
Relevant to the notice of violation that led to the table of scheduled October 15. 00:05:18
Be saving. So now I'm going to go into the findings of fact. 00:05:22
The notice of violations regarding assisted people at the archery room. 00:05:26
Staff noted that during the archery event that took place from August 8th. 00:05:30
To August 10th of 2025. 00:05:33
That the number of people on property exceeded the number specified. 00:05:36
Maximum of people that advance 500 per day. 00:05:39
In the modified conditions of the special exception. 00:05:42
From the March 9th, 2020 BJ meeting docket item. 00:05:44
FC-04-19-13. 00:05:48
Staff counted the number of vehicles on the property during the event. 00:05:52
And it exceeded the maximum amount of people permitted on the property. 00:05:55
As there were 506 vehicles. 00:05:58
During events as stipulated in their. 00:06:00
Special exception approval. 00:06:02
The notice of violation regarding the shooting of arrows within the strictest boundary area. 00:06:05
Or point in time violations as they occurred at specific moment. 00:06:09
During the archery events. 00:06:12
Rather than an ongoing occurrence. 00:06:13
The function of the restricted boundary area was to ensure safety of the surrounding properties and residents during shooting 00:06:15
events. 00:06:17
As well as the lesson, the noise burn associated with those events. 00:06:20
Based on the understanding of owner Joe Cree. 00:06:23
And operator Robert Brooks. 00:06:25
During the investigation of the September 9th, 2024 violation. 00:06:28
The two did not believe that the boundary area applied to archery events. 00:06:31
Although archery was not specifically addressed during the properties initial special section approval. 00:06:34
It was being consistent with the farms proved use. 00:06:38
As a shooting sport, they subsequently received Stormwater Pollution Prevention Plan approval. 00:06:42
As a commercial activity on the site. 00:06:47
During the archery event held from August 8th through 10th, 2025. 00:06:50
Staff took photographic evidence that appeared to show participants of the event shooting within the restricted boundary. 00:06:53
The notice of violation regarding traffic quote. 00:06:59
Traffic control during the duration of the archery event. 00:07:02
During that same event held from August 8th. 00:07:05
Through August 10th, 2025. 00:07:07
Staff took photos. The scenes show their traffic control was not present for the duration of the. 00:07:10
On Monday, October 13. 00:07:14
2025. 00:07:16
John, who submitted a packet that he searched, provides evidence of violations of the pharmacy special exception. 00:07:17
The package included several exhibits in, Mr. Hughes states. 00:07:22
Support recommendation for the revocation of the special exception. 00:07:24
He states that the packet includes testimonies from neighboring property owners. 00:07:28
Evidence of shooting arrows in the boundary. 00:07:31
And violations pertaining to lead recognition. 00:07:34
As the purpose of this meeting is to address the violations noted in the notice violation letter sent to the farm dated August 00:07:36
21st. 00:07:39
The items addressing the legend of violation for leg. 00:07:43
Proclamation for cells. 00:07:47
Located on every properties are not permanent. 00:07:48
To the meeting to address the revocation. 00:07:50
Of a special exception for the noted violations, including in the notice of violation. 00:07:52
So this is the response from the farm. 00:07:57
The response to the aforementioned second notice polished letter they received. 00:07:59
The former stated that the alleged violence were either inaccurate. 00:08:02
A result of a misunderstanding. 00:08:05
Across the first violation of the conditions noted in the letter pertaining to the exceeding amount of the people on the property 00:08:07
for the van. 00:08:10
Forum please that they formed the company hosting the event. 00:08:13
TACT, which is an acronym for Total Archery Challenge. 00:08:15
Of the 500 person cap. 00:08:19
But that a surprise appearance by popular Archer drew more spectators than expected. 00:08:20
Leading to the exceeded amount of people. 00:08:25
They explained that the exceeded amount did not include participants, although the conditions imposed on their special exception. 00:08:27
Stipulated a limit on people, not participants. 00:08:32
Regarding. 00:08:35
Violation of conditions noted in the letter. 00:08:36
The pharmacists had no targets for within the boundary area. 00:08:39
They stated that software application utilized by Tack. 00:08:42
Onyx was used to measuring verify placement of targets. 00:08:45
Our relation to the properties restricted boundary area. 00:08:48
And that photographic evidence submitted by staff really shows participants carrying equipment from station to station and 00:08:51
shooting within permissible shooting areas. 00:08:54
They included data from the software program showing that the shooting of patients were minimal. 00:08:58
319 yards from the South. 00:09:02
And southwest proper line. 00:09:04
Now within the 300 yard restricted boundary line. 00:09:05
Or boundary area from the South and southwest property. 00:09:08
Regarding the third violation conditions noted in the letter. 00:09:11
The farm states that they had contracted the security committee to ensure traffic control. 00:09:14
For the duration of event and at the off duty police officers that were assigned to the event. 00:09:18
Provide assistance with traffic control and other safety duties. 00:09:22
Did so for the entirety of the event. 00:09:25
They provided a letter from the security company. 00:09:27
An invoice and a point of contact for the assignment. 00:09:30
In response to Mr. Hughes Pact of harm States and much of what was submitted and I was not pertinent to the. 00:09:33
Violations noted in the notes letter. 00:09:38
They would only address the relevant items. 00:09:40
Farm States and the response letter that they acknowledged that there was a target placed. 00:09:42
Within the 300 yard buffer zone. 00:09:46
That they were unaware of would indicate that the target. 00:09:47
Was not positioned in a fashion. 00:09:50
Or post a safety risk to the public or joint property owners as it was positioned in a manner in which arrows were shot inward 00:09:52
towards the proper. 00:09:55
To ensure that this violation does not recur in the former stated, they would implement steps such as assigning an employee to 00:10:00
verify each target's location in relation to restricted boundaries. 00:10:04
Before any shooting begins and conducting an. 00:10:08
Formal on site meeting with TAC representatives prior to event staging to address the boundary map. 00:10:11
And clearly identify off limit errors. 00:10:16
These are the considerations. 00:10:21
Site limitations for the initial approval of the use were more concerned with the shopping events. 00:10:24
And hunting activities is distance for the boundary. 00:10:28
Was determined with consideration to the travel distance and noise of shotgun projectiles. 00:10:31
As such, the restricted area imposed. 00:10:36
During initial approval of a special exemption may be considered substantially restrictive. 00:10:38
For archery, Vince. 00:10:41
An area or an event where excessive noise is not a large concern. 00:10:42
Limiting the number of people can be seen as overly restrictive of business as it limits the farms occupational capacity given the 00:10:47
substantial acreage. 00:10:50
Of the property and reduces the farms ability to. 00:10:54
Fully realize his business potential. 00:10:57
I'll be at the farm should be required to maintain traffic control throughout the entirety of all of its events. 00:10:58
Both archery and archery to ensure the safety of pedestrians and voters. 00:11:03
Approval for the modification of the special exception states a maximum. 00:11:07
500 people. 00:11:10
At events per day. 00:11:13
The requirement for maximum amount people permitted permitted at the event may be seen restricted to adequate control. 00:11:14
Traffic control is not is provided enforced throughout the duration of the event. 00:11:19
Revoking the special session for the sporting club is excessive given the farm has demonstrated an ability to comply with most of 00:11:23
the conditions. 00:11:27
On their initial special exception approval. 00:11:30
The archery event in question seems to be most problematic event given the parameters. 00:11:33
Impose on are also reflected of events. 00:11:36
That necessitate more stringent restrictive requirements. 00:11:39
Such as hunting and shopping events. 00:11:42
Even at the far bait, I have adequately addressed the recurrent violations pertaining to the strict amount of error. Perhaps a 00:11:44
special exception modification would be the more appropriate course of action pursued. 00:11:49
Modifications of conditions that could be soluble and the violations could be. 00:11:54
Requiring the farm to conduct the survey. 00:11:58
Operating tomorrow. Post signage exactly. 00:12:00
Along with the restricted boundary area. 00:12:03
Starts slash ends as well as requiring enforcement of the boundary area by farm staff. 00:12:05
To ensure compliance, our participants. 00:12:09
We're having a safety specialist. The test. Why? 00:12:12
The boundary area of our treatments can be lessened. 00:12:14
The farm is currently not in violation of any conditions. 00:12:17
As of the time of writing the staff report and. 00:12:19
Here are the staff recommendations. 00:12:22
Recommendation not to revoke the special exception. 00:12:24
Nature of the violation of the conditions are incidental traffic control not being provided for the entire event. 00:12:26
As also participant cap revised and then I seem to have been. 00:12:32
Done intentionally or with mouse rather there were. 00:12:35
A result of a misunderstanding by farm personnel that the farm can redress. 00:12:38
A response to the target in the shifted boundary area. 00:12:41
The pharmacy of their intent to rectify the issue through stricter enforcement and better communication attack. 00:12:44
A singular target being placed within a buffer zone on a substantially large lot. 00:12:49
During an event in which large groups of people participated along with excessive people on the property. 00:12:53
And traffic control not being present. 00:12:57
For the entirety event is not married revocation of the business use. 00:12:59
Staff does not recommend, or staff does recommend that the farm consider a change of restrictions. 00:13:02
There were special exception modification if they want to modify any conditions. 00:13:07
And present justifications as to why. 00:13:11
As such, staff recommends the following. 00:13:13
To address. 00:13:15
Restrictions. 00:13:16
1st for the restricted boundary area restriction. 00:13:17
A survey should be conducted in a farm staff. 00:13:19
Shall post markings. 00:13:22
Or science dedicated along the restricted area every 100 feet or so. 00:13:24
2nd for maximum attendees restriction. 00:13:28
Moderate event capacity by both spectators and participants via sign in sheet. 00:13:30
Other event. 00:13:35
Attendance. 00:13:37
For the traffic restriction, ensure traffic control. 00:13:38
Contractors operating for duration. 00:13:41
Of events that also recommends that recommends. 00:13:43
Issuing the fine in accordance with Floyd County Zoning Ordinance at 70.75 dollars. 00:13:47
Per day for the three day event. 00:13:51
The fine covers violations of Congress placed with unrestricted boundary area, but for the exceeding amount of people for the 00:13:53
duration of the event. 00:13:56
For total of $225. 00:13:59
That is all. 00:14:01
OK. Does the board have any questions? 00:14:04
For the staff. 00:14:06
OK, seeing none. Thank you, Rick. 00:14:12
So before you move on to the next phase of our. 00:14:15
Addressing this violation, I want to point out to the crowd tonight, just for your information. 00:14:20
When dealing with violations of previously approved conditions. 00:14:26
Our rules do not require us to open the floor for public comment. 00:14:31
However, uh. 00:14:35
By looking at this group tonight and seeing there is such a large group. 00:14:35
We wanted to make an exception to that. 00:14:39
Based on the level of interest in this, we understand that some of the neighbors. 00:14:43
Of the adjoining properties are an attorney to represent them. 00:14:48
And we would be willing to. 00:14:51
Grant, the attorney. 00:14:54
The opportunity to speak on behalf of the group, if that's OK with you guys. 00:14:55
Grant 5 minutes to come in. 00:14:59
Make their case and then. 00:15:01
Course will have to allow representative of the farm to respond. 00:15:03
And then once we've heard that, we'll close that section of the meeting and we'll then get into. 00:15:07
How we ordinarily would deal with violations. 00:15:12
Previously improved conditions. 00:15:15
So. 00:15:17
Mr. Hughes, I'm you're here, I'm assuming that the group is OK with that. 00:15:19
If you want to take a moment, ask, that's fine by us. 00:15:23
OK, please come forward, state your name and address for the record. 00:15:26
Sure. 00:15:29
Thank you, Mr. Wright. My name is Jonathan Hughes. I'm an attorney with the law firm of Bozeman. Evans Address at 111 Monument 00:15:30
Circle, Suite 2700. 00:15:34
In Indianapolis, IN, I represent two families, Paul and Julie Riley. Paul, you stay informed Paul and Julie Stan. 00:15:38
They're at 39345 Mile Lane. 00:15:44
There is a map in the materials I provided. I think at exhibit B they live on the left hand side of that map. 00:15:46
Just directly next to the farm property. 00:15:52
I also represent Andrew and Angela Loesch. Andrew and Angela, if you would stand there at 4:00 or 541505 Mile Lane. 00:15:54
They're just next to the Riley property and also just. 00:16:02
I'm going to say north, but it's actually not N it's just on the top part of the map there, just above the Rileys. 00:16:05
And the reason we're here, this is the fourth time I've been before this board. This is the third time I brought evidence of 00:16:12
violations. I don't want to be here. 00:16:15
I'm sure that you guys don't want to see us back here, You don't want to see the farm back here. 00:16:19
But we're here because we've had repeated and consistent violations. I must take issue with the staff reports suggestion that this 00:16:24
is a. 00:16:28
Kind of a moment in time violation. We were just here in January. 00:16:31
On whether or not shooting archery. 00:16:35
Within this buffer yard was a violation. This board said it was. We were just here last year in August. 00:16:37
On whether or not. 00:16:43
They needed to reclaim the lead and this board said you violated the ESP. You haven't followed through. Get this done. And what 00:16:45
we've presented is evidence that's still within the year since we have that hearing. 00:16:50
They still have not completed that that requirement. 00:16:55
As my October 13th. 00:16:59
Letter indicates I'm asking you to take. 00:17:01
All of the information I've provided before in FCC. 00:17:03
8-201-21. 00:17:06
FC4-204-16 and FC10-204-44 as well as this letter into consideration tonight. 00:17:09
As concerns the lead contamination. 00:17:16
Both staff and the farms response is. 00:17:18
That's not relevant tonight. Just deal with that later and we'll investigate another time. If we have to come back to investigate 00:17:21
that again, I guess we'll be back. I was trying to save time. 00:17:25
We think it's pretty clear they haven't done what this board told them to do. 00:17:29
Not sure what else there is to investigate, but we have to come back. 00:17:32
Will file another violation. 00:17:35
Back in January. 00:17:39
Staff found that it was a violation to shoot within the restriction other restricted area. 00:17:40
We noted that to them. 00:17:46
We provided information to staff, Staff had pictures. 00:17:48
And here's what the the farm said in response. 00:17:51
To the pictures, Mr. Divya, Kind of. 00:17:54
Highlighted at 40, but this is directly from their letter. 00:17:56
Their letter states. 00:17:59
That we believe that it's simply not accurate. 00:18:02
That they shop through the restricted area. 00:18:04
The photographs that were tested notice appear to show Archers carrying equipment from one station to another. 00:18:06
As well as Archer shooting at practice stations. 00:18:11
When Tack arrives at a venue before they set up their various courses, Tack receives very clear boundary instructions to the 00:18:14
property owner, as was done here. 00:18:18
And they talk about using onx. 00:18:22
Well, that turned out to be a lie. 00:18:24
We presented a video. There's a video in the file. I'm sure you all have had a chance to review it. 00:18:25
That video says shows that exact location. 00:18:30
That they were shooting arrows there. 00:18:33
And their response is all we didn't know about that one, but their their response to you originally was we marked them all with 00:18:35
this Onyx technology. Everything was upside the buffer. 00:18:39
Once they got caught in a lie, not only did they come back and say oh. 00:18:43
We didn't know about that. 00:18:46
But they also sent a letter to my client. 00:18:48
That said, stop. Stop watching what we're doing. 00:18:49
Stop videoing what we're doing. 00:18:52
Well, let me tell you why we're doing that. 00:18:54
We brought this to staff's opinion. 00:18:55
Right off the bat. 00:18:57
We so we told staff the day before the event, a couple days before the event happened, they're setting up targets in the wrong 00:18:58
place. Can you please go review it? Staff went out and told them to move, move the targets. 00:19:03
They move the ones that were. 00:19:08
Able to be seen from Mike from the Riley property, but they didn't move otherwise. 00:19:09
They just left them where they were. They they could have gone out and done their job, but they didn't. Staff then told us take 00:19:13
pictures, take documentation. 00:19:16
We present pictures, the farm says, oh, those are just photos, nothings happening there. 00:19:20
So we have to get video. 00:19:24
This is getting ridiculous. I think enough. 00:19:25
Is enough. 00:19:27
I'm tired of coming here and telling this board that these guys can't follow the rules. 00:19:28
I was hopeful I was wrong last time. 00:19:32
But it's clear they cannot keep the rules. It's a simple rule. 00:19:34
Stay outside of the buffer yard. 00:19:37
I only have about a minute left. The last thing I want to address is Mr. Lotions property. 00:19:39
Mr. Loesch testifies, and this is not addressed by anybody. 00:19:44
Not my staff. 00:19:46
Not by the gun range. 00:19:48
That there were three targets within 35 yards of this property during the entire. 00:19:49
Event Mr. Loesch found 30 arrows. Mr. Loesch, you have those. Hold those up. 00:19:54
About 30 errors. 00:19:58
Any one of those arrows is a death. 00:19:59
OK, this is serious stuff. 00:20:02
Arrows on his property. 00:20:03
Because they're not shooting in words. 00:20:05
They're shooting at the targets. That's what his testimony does. 00:20:06
Nobody addresses that at all. 00:20:09
They just ignore it. 00:20:11
This weekend, Mr. Riley. 00:20:12
Went out to lay to king kinds property which is on the other side of the map. 00:20:13
And they found another. 00:20:18
Set of arrows. Mr. Riley has those in front of you there as well. 00:20:19
Happy to submit those for the record. 00:20:23
I do have a petition here signed by 151 folks and other petitions signed by 11 other folks requesting. 00:20:24
That this property. 00:20:30
Be that this petition be removed and I'll submit that to staff. 00:20:33
Finally, I know run out time. 00:20:36
$225 fine. 00:20:38
That's ridiculous. 00:20:39
Your zoning ordinance says for a variance, for a variance fine it could be $500, which is the variance application times 5. 00:20:41
Times Day of violation. 00:20:48
I suggest you give them that for each one of the people that was on that property according to the permit. 00:20:50
That was. 00:20:55
They had. 00:20:57
Secondary according to their permit. 00:20:58
They expect to have 1300 people out there. 00:21:00
That's $97,000 a day. Times 3 days, that's $292,000. 00:21:02
You're going to give them a fine, do that. 00:21:07
With your zoning ordinance says if there's evidence of revocation. 00:21:08
This board's duty to revoke the permit, and that's the right remedy here. Revoke this permit. Enough's enough. 00:21:11
Thank you. Thank you, Mr. Hughes. 00:21:16
Is there a representative here of the farm? 00:21:20
Would like to speak on their behalf. Please come forward. State your name and address for the record. 00:21:23
Thank you. My name is Mark Phillips. I'm an attorney. 00:21:28
But Phillips Law in Boonville, IN. 00:21:31
Practice there with my three sons we're here on behalf of. 00:21:33
Joe Pray, the owner and his partner Ben and. 00:21:36
Several of the employees at the farm let me first. 00:21:40
Suggest to you I've been the city attorney in Boonville for 31 years. 00:21:43
And before that, I served as counsel for the War County Board of Zoning Appeals and Planning Commission. So my. 00:21:48
My appreciation for people like you who serve on a board goes way back. 00:21:55
It's not been my experience that it's productive to come before you and start yelling at you. 00:22:01
Saying the things you do are ridiculous and then suggesting things that are nonsensical. 00:22:06
The other thing I've learned as a trial lawyer? 00:22:11
Is that you run the risk of really offending people when you start to call them liars. 00:22:14
And one of the things that I've been most impressed in my experience, along with my son Joe. 00:22:19
And other full time employees at the farm. 00:22:25
Is in meeting with both Ray and Nick, it was apparent to me that they had two. 00:22:28
Primary objective 1 was. 00:22:32
And sifting through the the allegations that have been made. 00:22:35
And trying to understand. 00:22:41
What the parameters of their permit operation is? It became very apparent to me. 00:22:43
The best way to address. 00:22:48
People who make unreasonable allegations and then. 00:22:50
Hire a lawyer to come before you and call them a liar. It's best to submit information to you. 00:22:54
And not get into that kind of approach, so I'm not going to do that. 00:23:00
Not going to yell at you. I'm not going to call people liars. And the last thing I'm going to do? 00:23:03
Is insult the information? 00:23:07
That was provided to you by the two gentlemen you've vested. 00:23:09
Providing that information to you. 00:23:12
One of the things that we can't do is call it. We can't come and provide this information. 00:23:14
Directly and one of the things that. 00:23:19
Surprises me. 00:23:21
Is that? 00:23:23
The Notice of violation is outlined 3 specific areas of inquiry. 00:23:23
We met twice with your staff and both times we addressed those issues. 00:23:28
And collaboratively, we talked about how to remedy. 00:23:33
Those violations not for the purpose of trying to figure out a way to buy time. 00:23:37
But to move this venture forward, this is an incredible economic opportunity. 00:23:42
Development opportunity. 00:23:47
For Floyd County, it is. It is a beautiful venue for those who've been there, you see that. 00:23:48
And there's nothing that these people want to do but function in a fashion that's productive. 00:23:54
That's fiscally responsible. 00:23:59
That is in compliance with the exception conditions that you have imposed and. 00:24:01
To remedy things if issues come up, and that's what we've done. 00:24:07
First of all, we provided to your staff and and. 00:24:11
Ray alluded to this and this is not part of the notice of violation. 00:24:15
And your staff suggested we agree. 00:24:21
The other side doesn't care. 00:24:24
We provided. 00:24:26
Information to you showing that the lead reclamation had in fact occurred. 00:24:28
This is a letter dated November. We have another letter divinated. 00:24:32
Dated 11/30 of 25. 00:24:36
It outlined that the reclamation was done between 824 and 25 and 97 of 25. 00:24:39
It tells the staff that 800 cubic yards were screened. 00:24:45
It identifies the. 00:24:50
Equipment that was used. 00:24:51
And then it talks about. 00:24:53
The 5000 lbs of clean lead that was recovered in bag. 00:24:55
Levels of high quality and excellent for loading. And what offended these people? We've learned. 00:24:59
Is that these people? 00:25:03
He objected to the clean filter. 00:25:05
Being removed and sold and there were allegations about. 00:25:07
Groundwater contamination, but I won't get into the purpose of my. 00:25:10
Addressing these is for two reasons #1. 00:25:14
When when they were notified of violations in. 00:25:19
We learned about some of the surreptitious activities that were occurring. 00:25:22
Including illegally flying drones over. 00:25:26
Private property. 00:25:28
I sent a letter to Mr. Hughes and I said here's the thing. 00:25:30
We don't want to approach these things. 00:25:32
And anymore of an adversarial fashion than we have to. 00:25:34
When you make allegations that aren't true. 00:25:38
You know, back in Warrick County. 00:25:40
If somebody adjacent property owner has a problem, they go to that. 00:25:43
That business owner and say hey. 00:25:46
This is something that we don't approve of. These people have gone repeatedly. 00:25:48
They had an open house. 00:25:52
When When new management took over in 2023, Ed Milton Health said, hey, we want to reduce ourselves. We want to make. 00:25:53
This a going operation where we can do the kind of things that make us good neighbors and you with us. 00:25:59
No one attend. 00:26:04
There have been instances where there have been overtures. 00:26:06
To to to remove things that. 00:26:09
They find objective and they don't, they don't want to take them up on that opportunity because. 00:26:12
As Mr. Hughes told you. 00:26:17
If you don't do what they want, guess what they're going to do? They're going to come back and they're going to make more reports 00:26:20
of violations. 00:26:23
Whether they're true or not. 00:26:26
That's not what this forum is for. 00:26:28
The staff made an investigation. They've made a recommendation to you. 00:26:31
They have recommended things that my client stands ready to achieve and accomplish and. 00:26:35
They will have a check to pay the fine. 00:26:41
If the board sees fit to approve the staff report. 00:26:43
And issue the orders that are required by statute. The other thing I would tell you is this. 00:26:47
This is not about calling people names. 00:26:53
This is about allowing allowing this business to function in a reasonable appropriate. 00:26:56
Consistent fashion. 00:27:01
That does what it has to do. 00:27:03
Mindful of the exceptions that you have created in. 00:27:05
Approving that permit. 00:27:08
We'd ask that you follow the recommendations of your staff. That's what they're there for. 00:27:09
We'd ask that you approve their report. 00:27:13
And we'd ask that you issue an order accordingly. 00:27:15
And I'd be happy to answer any questions. 00:27:18
If you haven't. 00:27:20
Thank you, Mr. Phillips. 00:27:21
Does the board have any questions for Mr. Phillips? 00:27:23
Nope. Thank you, Mr. Phillips. 00:27:28
OK. So we've heard the staff report. We've all had a chance to review that as well as all of the information. 00:27:32
That has been presented regarding this SO. 00:27:39
Do we you know? 00:27:42
Have any other comment or discussion amongst the board? 00:27:44
We we would like to address one thing that. 00:27:51
Mr. Hughes had mentioned Mr. Loches arrows that were. 00:27:53
Included. 00:27:58
We did not include those because we were unable to verify the location of those based on the photos that were sent so. 00:28:00
That is not a substantiated. 00:28:08
Violation in our eyes. 00:28:10
When you say the arrows. 00:28:13
So in in the documentation that Mister Hughes provided, there was. 00:28:15
Photo Photographics. 00:28:22
Targets. 00:28:24
In eras, we don't know where those were. 00:28:26
So we weren't able to include those in any kind of violation. 00:28:29
We did research those we did investigate. 00:28:32
I just wanted to clarify that point. 00:28:35
I would also like to note that we have been here a few times for the farm regarding violations. 00:28:38
All of the times that we have. 00:28:45
Notice them for violations. They have corrected those issues. 00:28:48
To our understanding. 00:28:52
Thus far. Any other questions for Nick while he's here? 00:28:54
The the arrows that were found, can you speak into the microphone? 00:29:00
The arrows that we do not know where they were found neither one of these groups of arrows. 00:29:07
No, we, we, we don't know what. 00:29:13
OK. 00:29:19
Any other questions for Nick Wallace here? 00:29:23
Can, can, can the lawyer tell me where he thinks they were or where he's? Yeah, it's, it's our priority, if you like, Mr. Hughes. 00:29:26
Would you explain where you think? 00:29:34
Where you all are seeing these arrows were located at in my packet information if you go to Exhibit D. 00:29:36
You'll find a little map, it's behind the little tab D there. 00:29:44
I'll hold it up for you. 00:29:47
The lowest property is over here along this boundary. 00:29:52
So the arrows were found in this area here behind these woods. 00:29:56
Also, the most recent intervals we brought today were found on this open farm field over here. 00:30:00
And the other thing I would, I would note for the board is I appreciate. 00:30:06
What the staff has said. 00:30:12
And I'm in no way. 00:30:14
Suggesting the staff doesn't do a good job. I know they do. 00:30:16
It's just frustrating for my clients. I'm not mad at you all. 00:30:19
But I do want to note that staff never met with my clients. 00:30:21
They never came out and looked. 00:30:25
They didn't come out and look on their property. 00:30:26
All they told him and it's in the materials, you'll see emails. They said hey, just get photos for us. My clients did what they 00:30:28
were asked to do by staff. 00:30:31
So it's hard to take a photo. 00:30:34
Of an of an archery target and someone shooting archery at it. You can't do that. 00:30:36
It's going to put your life at risk. I just want to know that. OK. Thank you. Yeah. Happy to answer your questions yet. 00:30:40
What I'm struggling with? 00:30:46
Is is. I don't have a layout of where these targets are. 00:30:48
So I don't know where on the farm. 00:30:51
Property. These are. 00:30:53
So when I drove around out there. 00:30:56
And I see this big hill. 00:30:58
Over here and I'm like. 00:31:00
Are the targets. 00:31:01
Such that the. 00:31:02
How did they shoot all the way over this hill or how did they get down to? 00:31:05
Deloaches property. 00:31:08
I'm struggling with. 00:31:10
How they could get there? 00:31:11
Since I don't know where the targets were. 00:31:13
And I don't see a lake, but we don't have a layout of where the targets are. How do I know? 00:31:16
I can't conceive of how they get there. 00:31:21
Without a better explanation. 00:31:24
I know the one along Five Mile Lane now that. 00:31:29
That was awful close to the road. 00:31:32
There was a berm there. 00:31:34
But if you look how they were shooting, there could still be an incident. 00:31:36
You know, but what I don't understand is. 00:31:41
After they done told him you've done, you have some targets in the wrong place. 00:31:44
Move em. 00:31:49
And then we still have one and possibly a couple others. 00:31:50
I have a real hard time with that. 00:31:54
And they were notified they were out there. 00:31:56
Move them. Please move them. 00:31:59
And then we end up with one. 00:32:02
That wasn't very far from five mile away. 00:32:04
It was real close. 00:32:07
I drive through there, my wife drives through there, we have family with friends go through there all the time. 00:32:08
It's a main artery Five mile lane coming off a Hwy. 11 on top of the hill. 00:32:14
And I couldn't believe it was that close. 00:32:19
I mean that's ridiculous after they were warned to move and we still have one there. 00:32:23
Other comments from the board. 00:32:33
Other thoughts? 00:32:34
Seeing none, do we have a ballot? 00:32:42
I do have a ballot. 00:32:46
Revocation of special exception ballot. 00:32:47
Floyd County zoning appeals stock it. 00:32:51
FC-10-205-29. 00:32:54
Property owners Sporting. 00:32:58
At the farm. 00:32:59
The Board of zoning pills will act in accordance with. 00:33:04
With the requirements set forth in Indiana State code 36-7. 00:33:06
Dash 4 and Section 15-14 of the Floyd County. 00:33:10
Zoning ordinance finding effects Evidence reviewed. Staff report. 00:33:15
Notice of violation and docket package. 00:33:20
The proceed the procedure for violation outlines Section 15-05 of the Floyd County. 00:33:23
Zoning ordinance were followed. 00:33:29
The evidence. 00:33:31
Does not indicate an uncorrected violation of conditions of the special. 00:33:33
Exception approval. 00:33:37
The Board of Zoning appears. 00:33:39
Does not revoke the special exception at the meeting held on the 10th day of November. 00:33:42
2025. 00:33:47
The board. 00:33:49
The board of. 00:33:51
Of zoning appeals requires the following actions. 00:33:52
Owners shall meet with two board members. 00:33:57
And the staff. 00:34:00
As soon as possible. 00:34:01
The staff recommendations per the staff report. 00:34:04
The violation per the staff report. 00:34:09
That is my ballot. 00:34:12
OK, we have a ballot. 00:34:14
Do we have a second? 00:34:15
I'll second. We have a ballot and a second. 00:34:21
Any other comments? 00:34:24
Or questions? 00:34:26
Well, I do. I have some comments. 00:34:27
So what I just heard was you're seeing to go along with the. 00:34:31
The staff director, I want to back up. I'm going to read those just for the record. I think thank you, thank you, thank you, thank 00:34:35
you. 00:34:39
OK. The staff recommendations follows to address restrictions. 00:34:43
For the restricted boundary area restriction. 00:34:48
A survey should be conducted in farm staff. 00:34:51
Shell post marking signs dedicated along the restrictive area. 00:34:54
Every 50 feet or so. 00:34:58
The maximum attendee restrictions. 00:35:02
Moderate event capacity by both spectators and participants via sign in sheet. 00:35:04
Another attendance tracking. 00:35:10
For the for traffic restrictions. 00:35:12
Ensure traffic control. 00:35:15
Contractors are operating for the duration. 00:35:17
Of the event. 00:35:21
Staff also recommends assuming a fine in accordance with the Floyd County Zoning Ordinance at $75 per day. 00:35:23
Three day event. 00:35:30
The fine covers violation for targets placed within the restrictive boundary area and for exceeding the allowed number of 00:35:31
participants for the duration of the event. 00:35:35
For a total of $225. 00:35:39
That is my ballot. 00:35:41
All right on your on your first. 00:35:44
Restricted thing about the boundary. 00:35:48
I would like to add that no archery event. 00:35:51
Can be held. 00:35:54
Until the restricted boundary is surveyed and posted and marked. 00:35:55
And then I would also like to add. 00:36:00
That the gun club. 00:36:03
She'll have. I'm going to call them marshals. 00:36:04
That go around. 00:36:08
And monitor that people are staying inside this boundary. 00:36:09
To let this place out to. 00:36:14
Tack and let them run it for the day. Doesn't seem to be. Seems like they're doing whatever they want to do so. 00:36:16
I think the gun club needs to have. 00:36:22
Marshalls, does that call them to enforce? 00:36:25
The boundary. 00:36:27
So that's my suggestion is that you have marshals and at no events until it happens. 00:36:29
I have a question, Nick, about. 00:36:37
The fan. 00:36:39
Mr. Hughes says there's something a much bigger fine we can. 00:36:41
Add instead of $75. 00:36:45
He's come up with something. 00:36:47
$500 number. 00:36:48
Are you familiar with what he's talking about? 00:36:50
Is that allowable? 00:36:53
I I believe he's referring to violations of the site plans. 00:36:57
Where you construct something. 00:37:02
In violation of the approved site plan. 00:37:04
Which we allow five times the violation. 00:37:07
Uh, in the application fee. 00:37:11
I believe that's what. 00:37:14
Is that allowed? Can that be? 00:37:16
Put onto this. 00:37:19
As opposed to the $75? 00:37:20
I think that's more of. 00:37:25
Legal question than a staff question here. 00:37:26
At the end of the day, it's your discretion in terms of what you want to charge in terms of the fine subject to. 00:37:29
The ordinance. 00:37:35
Well, I would I would propose that we go to the $500. 00:37:38
And I guess if that. 00:37:44
If there was. 00:37:45
2 violations. 00:37:48
One for the number of people on, one for being outside the boundary. 00:37:50
That makes it $1000, and $1000 for three days would make it a $3000 fine. 00:37:55
Which still doesn't sound like much, but. 00:38:00
It's a little more significant than. 00:38:03
Fat $450. 00:38:09
All right, so you want me to read that? 00:38:12
For you, Mr. White, Yes, OK. What Mr. Rebel Hauser's asking is that we add in the conditions. 00:38:14
That and order them in order for them to have another event, no event. 00:38:20
Will take place until the corrections are met. 00:38:25
That's archery. No, no, archery events will be. 00:38:28
Will take effect. 00:38:31
Until the correction. 00:38:33
And when that? 00:38:34
Correction is made in a next archery event. 00:38:36
Is. 00:38:38
Then he wants a Marshall. 00:38:40
That is responsible. 00:38:42
To see that the targets are in the proper places and they're shooting in the proper. 00:38:44
Direction. 00:38:49
Lastly, he wants to make the fine $3000 in total. 00:38:51
That's the amendment to the ballot. 00:38:56
Can I just clarify? Yep, when you said that the corrections are made, you're referring specifically to the survey. 00:39:00
And the post markings and signs, that's correct. Yes, that's correct. Yes, Sir. Just want to make sure we're clear. 00:39:09
You want to call them recommendations or? 00:39:15
Or corrections. There are more recommendations, correct? 00:39:17
Stay well, just it's conditions or conditions, the conditions that they are conditions. 00:39:23
Yes. So not recommendation, not corrections condition. 00:39:27
Their conditions, that's correct. 00:39:30
These are conditions. 00:39:32
OK, so if. 00:39:34
Somebody's gonna have to vote on that, and then I have to rewrite that into my ballot. 00:39:36
OK, so so we. 00:39:41
Heavy. 00:39:43
Modified. 00:39:45
Ballot. 00:39:48
As presented by Mr. Unruh. 00:39:49
Do we have second for that? 00:39:51
That's modified. 00:39:53
I'll second. 00:39:55
OK, we have a. 00:39:57
Modified ballot in a second. 00:39:58
All those in favor signify by saying aye. 00:40:01
Aye, any opposed like sign? 00:40:03
OK then. 00:40:06
We have a. 00:40:08
We have a plan of action for that. I need, I'm gonna need a couple minutes. OK, sure. Thank you. 00:40:09
OK, so. 00:40:17
That being the only item on old business tonight that will move into New Business. 00:40:20
And our first item on our agenda for new business is FC-10-205-28. 00:40:25
Development standards variance. 00:40:30
And I believe staff is going to come in. 00:40:33
Address that with us. 00:40:35
You want to give him just a few. 00:40:48
Few moments for the. 00:40:50
There you go. OK, Ray, if you'd like to carry on. 00:41:41
We're ready. The petitioners, Debbie Hunt. 00:41:46
The location is 1500 Northfield Dr. Georgetown IN zip code 4712 or 47122. 00:41:48
The request is a development center experience for the historic necessary structure location. 00:41:55
And that's outlined in the. 00:42:00
Ordinance Section 5.04. 00:42:01
Item D The zoning district is rural residential. 00:42:05
So I'm going to go into the overview. 00:42:08
So the applicant is requesting A variance to allow. 00:42:10
Replacement of an accessory structure and required setbacks. 00:42:13
The applicant was proposing placing a 12 by 30 foot shed. 00:42:16
4 feet from her South property line, which should not be the 10 foot rear yard set back requirement established for the RR zoning 00:42:20
district. 00:42:23
The subject property is. 00:42:27
.63 acre lot located in the Northfield Southern region. 00:42:29
All adjoining properties are also zoned RRR. 00:42:32
Happening states there's no other feasible location to place the shed, as that declines would prohibit placement any further. 00:42:35
North little proposed location or closer to the residence. 00:42:42
The eastern portion of the lot contains mature trees and the fish pond that prevent placement of the shed there. 00:42:46
Other proposed locations would likely. 00:42:51
Also require variance as there will likely be encroaching on a 10 foot side yard set back but required variance replacement were 00:42:52
placed in front of the residence. 00:42:56
Adjoining property to the southeast has a shared place within 10 feet of their southern proper line, albeit. 00:43:01
Probably is not located in the subdivision, but it is also zoned RR. 00:43:07
A 10 foot utility easement currently uses. 00:43:11
Along the South property line owned by Harrison RMC for. 00:43:14
The applicant has submitted a letter from Harrison RMC. 00:43:17
Giving them consent to place in proposed shed and the existing easement. 00:43:20
So section 5.04 accessory use. 00:43:24
Slash structure standards. 00:43:27
Item D states no accessory structure shall be placed in any required setbacks. 00:43:29
So I'm going to go into the staff comments. 00:43:33
The approval will not be injurious to the public health safety morals. 00:43:36
General welfare of the Commun. 00:43:39
The placement of the shed behind the home poses no threat to the public. 00:43:41
Potion will also have no effect on access to the residents emergency services. The Floyd County Health Department has indicated no 00:43:45
issues with the proposals. 00:43:49
Interference with the sub site septic system. 00:43:53
Now the applicant has received consent. 00:43:56
Replacement of the shed and the existing easement. 00:43:58
By the owner of these. 00:44:00
#2. 00:44:01
The use and value of the area just properly included in the variance will not be affected in a substantially adverse manner. 00:44:02
The using value of adjacent properties will not be affected by the placement of the barn behind the residence. 00:44:09
Accessory structures are already permitted behind residences by the Floyd County Zoning ordinance, so the request is not 00:44:13
substantially adverse aesthetically or in the properties use additionally. 00:44:18
The applicant has indicated that the shed will match the visual character of the home. 00:44:23
Which may increase the value of the residents and in turn other residences in the area. 00:44:26
#3. 00:44:32
The strict application of the terms of the zoning ordinance will result in a practical difficulties in the use of the property. 00:44:33
The strict application prohibiting placement of an accessory structure within the Sebastian represents the difficult use of 00:44:40
applicants property in the sense that. 00:44:43
Although the use of the property is single family. 00:44:46
May not be here. There's no other feasible location. 00:44:49
The applicant place the shed due to the odd triangular shape of a lot. 00:44:51
And the septic lines located directly beyond behind the residence. 00:44:55
This architect will limit the applicants ability to fully utilize their lot all other feasible locations. 00:44:58
Likely also require variance and #4. 00:45:05
The variance does not involve a structure that is near an industry and regulated under Indiana code. 00:45:07
8-201-10. 00:45:12
As there's no airstrip in the vicinity. 00:45:15
Regulated under that code. 00:45:17
That is all. 00:45:24
OK. Does the board have any questions for Ray? Well, you see you. 00:45:25
No, thank you, Ray. 00:45:29
OK, we've heard from staff. 00:45:32
Is the applicant or representative of the applicant? Please come forward. State your name and address for the record please. 00:45:34
I'm Teddy Hunt from 1500 Northfield Dr. Georgetown. 00:45:45
OK, Miss Hunt, is there anything else you would like to add to what staff just said? 00:45:48
He pretty much covered everything that I was going to say. 00:45:52
OK. Does the board have any questions for Miss? 00:45:55
I do not. 00:45:58
This is a portable building, basically no foundation. 00:45:59
He moved anytime, no electric. 00:46:03
We even had most sheds only have like 2 to 3 treads on the bottom for. 00:46:05
Moving it, we've added five so. 00:46:10
We have 5 totals so it can be moved at anytime if there's an issue. 00:46:13
It's going to be tied down, I take it. 00:46:17
I mean, it's it's big enough that we'll do whatever they recommend when they place it. 00:46:20
OK. 00:46:24
Any other questions? 00:46:27
Thank you, Miss Hunt. 00:46:30
OK, we've heard from the applicant. 00:46:33
Now, we'll open the floor to anyone else who's here this evening that may want to speak in favor of this request. 00:46:34
Seeing none, we'll close that section open the floor to anyone who may be in opposition to this request. 00:46:43
Please come forward and state your name and address for the record. 00:46:53
Good evening, my name is Christopher Clayton Capital. I live at 5650 W Willis Rd. 00:46:57
Georgetown, IN 47122 which is. 00:47:04
Directly behind. 00:47:07
The property that she is talking about. 00:47:09
All my wife and I asked us maybe they surveyed be presented. 00:47:13
So we know where the boundary lines lay. 00:47:17
So we know what the four foot boundary line would be from their property. 00:47:20
And their ****. 00:47:25
OK. Is there any other concerns you have besides that? 00:47:27
No, Sir. 00:47:31
Any questions for this gentleman? 00:47:33
Thank you. 00:47:36
Thank you. 00:47:37
Is there anyone else here? 00:47:40
This evening that would like to speak in opposition. 00:47:41
Seeing none, we will close that section and Miss Hunt if you'd like to come back and respond to that. 00:47:46
Comment you made. 00:47:51
There are pins in the corner of our property currently. 00:47:56
That already show the boundaries, so there's no need for a survey. They're there and they're clearly marked. 00:47:59
OK. 00:48:07
What type of pins are they? They actually a pen? Are they a yellow? 00:48:08
Are they yellow? I can tell you. Is it the corner of each end of our lot that goes back in a pie shape? There is a metal pen. 00:48:11
OK, it's clearly marked in actually. 00:48:19
If they would look at the white picket fence that outlines the corners of our yard. Currently that is the property line and there 00:48:22
there are markers right next to those. There's somebody back here I think wants to say something if you'll come forward and state 00:48:27
your name and address. 00:48:32
I kind of figured that it. 00:48:38
If you actually go back there. 00:48:41
On both sides it is in. 00:48:44
Original surveyor pins. 00:48:46
From Floyd. 00:48:48
The Gary Loftus and Jeremy Loftus had penned. 00:48:50
From the beginning. 00:48:53
And we're asking for the forefoot and we're going to actually put it. 00:48:54
4 foot 6 just to make it safe. 00:48:59
Right there is a surveyor pan from Floyd County already in there on both ends. 00:49:01
I was there when they put him in there about that long and they had a green and yellow thing on top. You're talking about OK. 00:49:06
They've been there for. 00:49:12
26 1/2 years when we moved in. 00:49:14
Thank you. 00:49:17
You know, looking at the drawing there. 00:49:19
When I asked him a question. 00:49:21
There's several lots. 00:49:23
Are you sort of the middle lot? 00:49:24
On his or he on on the edges? 00:49:26
The whole thing. 00:49:29
I was wondering if you were the middle lot, maybe that was sort of a problem so. 00:49:31
Maybe you can help them when they cite it and make sure it's correct then so. 00:49:35
OK, so we've heard. 00:49:41
From the public, the applicant. 00:49:43
Those four and those against. 00:49:45
Do we have a ballot? 00:49:48
I do have a ballot. 00:49:50
Development standard variance ballot County. 00:49:52
Board of Zoning appears dot. 00:49:55
Pills appeals, Piers. 00:49:57
FC-10-205-28. 00:50:00
Petitioners named Deborah Hunt. 00:50:05
The variance petition shall be approved if the finding of facts are made consistent with the requirements of this ordinance in 00:50:09
Indiana State Code. 00:50:13
The petition shall be approved with modifications if the board determines. 00:50:16
That the required findings of fact may be. 00:50:20
May be made in certain conditions are applied to the petition. 00:50:23
The board. 00:50:28
May make reasonable conditions related to the required findings of fact. 00:50:29
Of its approval. 00:50:33
Or accept. 00:50:34
Commitments from the petitioner. 00:50:35
After careful review, the board finds that. 00:50:37
The approval of the variance will not be injuries to the public health, safety, morals, general welfare of the community because. 00:50:41
The placement of the shed behind the house poses no threat to public. 00:50:47
The post shed will have. 00:50:51
We'll also have no effect on access to the residents for emergency services. 00:50:52
The FCHD has indicated no issue with the proposal. 00:50:57
Interference with the site septic tank. 00:51:02
And the applicants has received. 00:51:04
Consent for placement. 00:51:06
Of the shed exist. 00:51:08
In the existing reasons from the Harrison County RMC #2. 00:51:10
The use and value of the area adjacent to the property. 00:51:14
Included in the variance will not be affected in substantial adverse manner because. 00:51:17
The placement of accessory structure. 00:51:22
Are already permitted behind residents by the FCZ O. 00:51:24
The the request is not adverse. 00:51:28
To the. 00:51:31
Aesthetics or in the properties use. 00:51:32
Additionally, the applicants has indicated that. 00:51:35
They indicated the shed. 00:51:38
Will match the visual character of the home, which may increase the value of the residence. 00:51:40
#3 the. 00:51:45
Application of the terms of the zoning ordinance will. 00:51:46
Result in practical difficulties in the use of the property. Cause prohibiting placement. 00:51:49
Of assess restructure within setbacks. 00:51:54
Set back presents a difficult use of the applicants property because there is no other feasible location. 00:51:57
The applicant place the shed do the odd triangle shape of the lot. 00:52:02
The the reason the. 00:52:06
Coupled with the septic lines located directly behind the residence would limit the applicants ability to fully utilize their 00:52:09
life. 00:52:12
#4 The variance does not involve a structure that is near an airstrip regulated under code. 00:52:16
8/21/10. 00:52:23
I'll second that. 00:52:27
The. 00:52:31
I'm sorry. 00:52:32
That's all right. 00:52:34
I love your enthusiasm. The board of Donate Appeals. 00:52:36
Hereby grants the petitioner of variance on the meeting held the 10th day of November. 00:52:40
2025. 00:52:46
I put. 00:52:48
Approval by the board is subject to. 00:52:51
To the completion of the following conditions. 00:52:53
I did have written proper survey, but I'm convinced that. 00:52:56
The gentleman knows where his propulsions are. 00:53:01
The only thing I did write is proper tie downs will be. 00:53:03
Put on to the building to be sure it doesn't blow. 00:53:07
Away. That's my ballot. 00:53:10
I'll second. 00:53:13
And a second. 00:53:16
Any other questions from the board? 00:53:17
Sing What do you want to put just? 00:53:19
Verify property line to the satisfaction of staff. 00:53:21
OK, Graham. 00:53:24
All right, just added amendment to the ballot. We'll read as follows. Staff to approve property line. 00:53:41
All right. 00:53:49
Sorry, Sir, it's. 00:53:50
Too late. Once you're at this point, we can't take any more comment. 00:53:51
So we have a ballot and a second. 00:53:54
All in favor signify by saying aye aye. Any opposed like son. 00:53:57
Motion passes. 00:54:01
Thank you folks. 00:54:02
Next item on the agenda. 00:54:05
Agenda item number 3 is. 00:54:06
GB-10-205-01. 00:54:09
Another development standards variance. 00:54:12
And I think Ray is going to come and. 00:54:14
Update the board on. 00:54:16
The Staffs findings. 00:54:18
Docket number is GV-10-205-01. The petitioner. 00:54:23
Petitioners are JC and Cecilia Shishar. 00:54:28
The locations 8600 Highway 150 in Greenville, IN. 00:54:31
47124 The request is a development standards variance. 00:54:35
For fence height, that's outlined in the town of Greens Green. 00:54:39
Zoning ordinance in Section 5.10. 00:54:43
Article A item. 00:54:47
To the zoning district is residential suburban. 00:54:48
To overview the applicants are requesting a. 00:54:52
Development scenario experience to allow the continued use of a six foot fence. 00:54:54
The front guard of the residence exceeding the four foot maximum high standard permitted by the Town of Regal. 00:54:58
Greenville zoning ordinance. The subject property is 1.1 acre, lives on residential suburban that abuts Hwy. 150. Adjacent 00:55:03
properties to the northeast and South are also zoned Rs. 00:55:09
All the property directly to the West along the properties frontage is zoned neighborhood commercial and that is the Dollar 00:55:15
General there. 00:55:18
The property directly to the east. 00:55:21
8510 Highway 150 is owned by the applicants as well and has received special exception approval for retail Gun Store. 00:55:25
And that docket number of GV-03. 00:55:31
24-01. 00:55:36
So on September 9, 2025. 00:55:37
The complaint was filed with our office regarding the height of the fence located in the front yard. 00:55:40
Following an investigation by Code Enforcement Officer Albert, North Hills determined that the fence was in violation of the Town 00:55:45
of Greenville zoning ordinance. 00:55:48
A notice of violation was issued on September 10th directing the property owners to take corrective action. 00:55:52
Within 15 days of receipt of the letter. 00:55:57
In response to, the owner submitted Development Standards Variance Application on September 21st of 2025. 00:56:00
So section 5.1 / 5.10. 00:56:06
Benches and walls Article A Item 2 states. 00:56:09
They may not be greater than 4 feet in height. Front yard accepting fences used for primary agricultural uses. 00:56:12
So, the applicants indicate that the fence functions as a barrier to reduce degree and noise from Hwy. 150 and to enhance privacy 00:56:19
and security for the residents. 00:56:23
However, these purposes can still be adequately met through. 00:56:27
Compliance with the Town of Greenville zoning ordinances 4 foot. 00:56:30
Height limit. 00:56:33
Allowing this section we're creating to sustain with Gwyn. 00:56:34
Inconsistent inconsistency. 00:56:37
With the surrounding neighborhood were no comparable front yard fences exceed the established standard. The applicant has 00:56:39
indicated they're covered in their cover letter. 00:56:43
That several properties, including a retail store and a subdivision located West of the property, have fences. 00:56:47
Of similar height. 00:56:53
The Dollar General located immediately W the property. 00:56:54
As fencing the longest rear consistent with the Town of Greenville zoning ordering standards. 00:56:57
However, as a commercially zoned property, the business is permitted to have fencing. 00:57:02
Up to 8 feet in height. 00:57:06
Within his front yard, in accordance with item B of Section 5.10 of the town's zoning ordinance, which states. 00:57:08
All commercial and industrial districts, including those commercial. 00:57:15
And industrial legal non conforming uses may have a fence no greater than 8 feet. 00:57:18
And hide in the front yard. 00:57:22
These uses must. 00:57:25
Meet all other zoning standards regarding fences. 00:57:27
Additionally, the nearby Villas of Heritage Springs subdivision. 00:57:30
Features fencing along the rear slots as the homes. 00:57:33
Are oriented toward the internal solution streets. 00:57:36
As a result, the fence is visible along Hwy. 150 service rear yard fences rather than. 00:57:40
Front yard fences. 00:57:44
That fencing would be compliant with item 3 of section 5.10 of the. 00:57:46
Towns ordinance, which states. 00:57:50
May not be greater than 8 feet in height in the side yard and rear yard. 00:57:51
The fence is located at. The aforementioned developments were also grandfathered in as the subdivision and the Dollar General. 00:57:56
Were developed prior to the Town of Greenville zoning ordinance. 00:58:02
Adoption in 2022 the majority of residences along. 00:58:05
Are located along Hwy. 150. Either don't have fences or do not have fences that exceed. 00:58:09
The Town of Greenville zoning ordinance is standard of four feet. 00:58:14
So the issue cited for the justification for the fences. 00:58:18
Or not you need to the applicant aren't coming in are common amongst residences along Hwy. 150. 00:58:21
I'm now going to go into the staff comments. 00:58:26
The approval will not be injurious to the public health, safety, morals and general welfare of the community. 00:58:29
The six foot fence will not be injurious to the public health, safety and roles of the community. It poses no risk to neighboring. 00:58:35
Properties won't inhibit access to emergency service, and it doesn't interfere with septic runs. 00:58:41
#2. 00:58:46
The use and value of the area adjacent to the property included in the variance will be affected in a substantially adverse 00:58:47
manner. 00:58:51
The property values that adjacent properties may be. 00:58:54
May be affected as the uniform aesthetic standards. 00:58:57
For instance, would not be followed, the Town of Greenville zoning ordinance has likely stipulated. 00:59:00
The specific requirement is to ensure a consistent visual character along streets, as the standard applies to almost all zoning 00:59:05
districts. 00:59:08
With the exception of commercial and industrial districts. 00:59:12
Straying from the standard will create an exception to which a preference rather than a hardship. 00:59:15
It's pursued that it's not aligned with the intent of the ordinance. 00:59:19
#3. 00:59:22
The strict application of the terms of the zoning ordinance will not result in practically difficulties. 00:59:23
And the use of the property, the owners may cut the fence down by two feet and stuff fence to adequately service their property. 00:59:27
And the use of the property will not be Hanford by French that is not 6 feet. 00:59:34
The reasons for the justification of things would not be substantially hindered by offense that would meet the workings of 00:59:37
standards Additionally requesting the fence for privacy reason. 00:59:41
Reasons and as a voice buffer. 00:59:45
Our personal purposes rather than zoning hardships as several residences along Hwy. 150. 00:59:47
Don't have fences in a property located along a busy state highway such as Hwy. 150. 00:59:53
Would be subject to noise and other inconveniences #4. 00:59:57
Variance does not involve a structure that is. 01:00:01
Beer and airstrip and regulate it under Indiana code 8-201-10 as there's no restriction in the vicinity. 01:00:03
Regulated under that code. 01:00:10
In staff recommendations are as the fence hired isn't self-imposed hardship. 01:00:12
Rather than one. 01:00:16
Circumstances that are no fault of the owners and the height of the fence does not align. 01:00:18
What the standard outline in the town of Greenville zoning ordinance that prevents that the owners either. 01:00:22
Lower the fence height to the required standard. 01:00:26
Or the board denied the request for the six footprints. 01:00:28
Any questions? Any questions for Ray? 01:00:33
I got a question for Ray. I noticed that that. 01:00:36
Goes all the way from the front of the house, all the way around. 01:00:39
Now are we talking about? 01:00:42
Lower in 4 foot. 01:00:44
Along the drive, everything in front of the house and even along the side? No, just in the front, the side and the rear need the 01:00:46
the ordinance. 01:00:50
The front. The front line of the house. 01:00:53
So the front yard would be the build line of the front of the house in. 01:00:58
OK, that's what I want to know. 01:01:03
I didn't know if they included the. 01:01:05
To the left of it and just want to make sure we're on the same page. 01:01:08
Any other questions for Ray? 01:01:14
Thank you, Ray. 01:01:16
OK. We've heard from the staff. Is the applicant or representative? 01:01:19
Of the applicant here this evening to speak. 01:01:22
Come forward, state your name and address for the record, please. I'm Cecilia Cheshire. 01:01:28
Oh, at 8600 Highway 150, Greenville, IN 47124. Thank you. What's your name, Sir? JC Cheshire, 8600 Highway 150. 01:01:33
Do you have anything to add to what staff to share? Yeah, I just wanted to clarify a few things. Umm. 01:01:41
As far as like where the fence lines of what is ours? 01:01:46
I know we're talking about sides, but I just want to be clear, one of the sides is the Dollar General fits we. 01:01:49
Continued off from their fence. Obviously we won't be cutting the Dollar General fits. 01:01:54
So then if we cut it aesthetically, it's going to look kind of funny because. 01:01:59
We've got a six foot Dollar General fence that's created a buffer. 01:02:03
And then we go down to 4 feet. 01:02:07
4 feet. 01:02:08
Aesthetically, it's not going to look nice. 01:02:09
He talked about like debris and noise, but it's really about my children. 01:02:13
We can't use our backyard. 01:02:17
We can't. It can't function like a backyard because it's a driveway. 01:02:19
We use that front space for my my children to play. I have a 2 year old, A5 year old and teenagers. 01:02:23
If I cut that fence down, my children can hop over that fence. 01:02:28
I've been in my house and I see people walk across that fence line going to the Dollar General. 01:02:31
I don't want to come into my house worried if somebody's going to ****** my kids while I go make lunch. 01:02:36
While they're playing outside. 01:02:40
That's I'm passionate about that. That's my fear. 01:02:41
Genuinely. 01:02:44
I want that privacy. 01:02:45
So we can. 01:02:46
Function that space the way. 01:02:47
We can as a family, so I can. 01:02:49
Keep my kids safe. 01:02:51
It's really about safety. 01:02:52
And then I got something about the noise. I mean, even with the fence being that high, it does cut back. 01:02:56
On a lot of the noise if it were to be cut down to 4 feet. 01:03:01
The Jake brakes from semis rolling through there, it's just. 01:03:04
It's already loud, I can't imagine what it's going to be like. 01:03:08
If the fence was shorter. 01:03:10
And then also debris from the road and rocks on the side of the road. They're being thrown up into the yard, a six foot fence. 01:03:12
Would help protect us while being out in the yard because that is the area that our children play in during the summer. We're not 01:03:19
in a neighborhood, we're not in an HOA. We don't. 01:03:24
You know, it's just so. 01:03:28
It is unique. 01:03:29
This is a unique situation because we're right on a very busy highway. 01:03:31
Raising a family with small children. 01:03:34
It's just. 01:03:36
For me, it's about safety. 01:03:38
Sure, that's all. Yeah. 01:03:40
Questions. 01:03:42
For the applicant, so the PVC fence on the side that is. 01:03:43
All that is all Dollar General and we. 01:03:47
Aesthetically. 01:03:49
Wanted to go off of it to make it look nice and then if you. 01:03:51
Go beyond the Dollar General. You'll see aesthetically it continues on in front of those apartments. 01:03:54
It's all consistent. It looks nice because it's all the same height. 01:03:58
Right off of the road. 01:04:02
Other questions? 01:04:05
Thank you guys. You're welcome. 01:04:07
OK. So we've heard the staff report, heard from the applicant. Is there anyone else here this evening to speak in favor? 01:04:12
Of this. 01:04:16
Good evening. I'm Heather Peters. I'm the town attorney for the Town of Greenville. My office address is 611. 01:04:18
Watt St. in Jeffersonville, IN. 01:04:23
The town. 01:04:26
Actually voted in September and asked me to bring the complaint on behalf of the town, which I did, as I often do representing 01:04:27
clients. 01:04:30
They also asked me to be here tonight. 01:04:34
When I received notice of the public hearing. 01:04:36
So I'm here on their behalf. We actually have a public hearing at about 35 minutes on an ordinance up in Greenville. So can I ask 01:04:39
the question? Yeah, first. 01:04:43
Are you in favor or against? 01:04:47
I am actually in favor of the staff report. 01:04:49
And yes, against his his so just just for the sake but but just for the sake of. 01:04:52
Our. 01:04:58
Meeting Order 1 Sure don't go anywhere yet. I'm going to make sure there's no one else here that wanted to speak in favor of this. 01:04:59
Is there anyone else? 01:05:03
Here that would like to speak in favor. 01:05:07
We have one person. I'm sorry, Miss Peters. Give us one second, we'll get you back up. 01:05:09
My name is Dee Roney. 01:05:16
I'm also a resident here in Floyd County state. Your address please. 01:05:18
For the record, 3621 N Luther Rd. 01:05:21
OK. 01:05:23
I don't know the applicant. 01:05:25
Or you know, I'm not familiar with. 01:05:28
You know, I don't know them personally. 01:05:30
But as a. 01:05:32
Unobjective Observer. 01:05:33
I can just say. 01:05:34
This appears to be a private property that. 01:05:35
You know, they pay taxes and. 01:05:39
There's a continuation of what's already there. 01:05:41
It appears to be a common sense thing. 01:05:43
That I hope you all would just take her under advisement that. 01:05:46
You know, it seems to be a safety issue as well with young kids. 01:05:50
So I would be in favor of it. 01:05:54
OK, thanks. Thank you, Mr. Owner. 01:05:57
Is there anyone else here that would like to speak in favor before we? 01:05:59
Go to those who might be in opposition. 01:06:02
OK, Miss Peter. Sorry about that. 01:06:05
It's OK. 01:06:07
Anyways, as I was saying. 01:06:08
And I appreciate Mr. Roney's. 01:06:10
Comments, obviously. 01:06:12
The town worked really hard in partnership. 01:06:14
I think I've been their attorney since 2017 or 2018. So it took us that long till 2022 to finally and and the Dollar General 01:06:16
coming in and all these other. 01:06:20
Apartments to get a zoning ordinance? My clients position has always been that the zoning ordinances are there for a reason, 01:06:25
whether they be aesthetic. 01:06:28
Front sight safety. 01:06:32
So when they first brought this issue up to me, it was obviously in the zoning orbits and I said yes, it's technically a violation 01:06:34
and they voted to do the complaint. 01:06:38
I support. 01:06:42
As does my client the the staff. 01:06:43
Recommendation that the front be quick cut down to 4 feet. 01:06:46
Understand the concerns about the children. 01:06:49
I don't know what their their lot looks like. 01:06:52
Otherwise because I can't see. 01:06:54
It's the first thing you see. 01:06:56
Pretty much the 1st house you see other than these two at Parkland Heights which I sure wish. 01:06:59
They wish they had a front, you know, buffer. 01:07:03
For the sound also I can hear it from my home. 01:07:05
Jake Briggs and I live behind Mr. Cheshire, behind the Dollar General, so I don't know the defense. 01:07:08
Is going to alleviate those concerns. 01:07:12
But the whole point of those are site safety. 01:07:16
Umm, you know Dollar General has a side fence that goes. 01:07:19
Side not. 01:07:23
A front across the whole front. So that is the first property you almost see when you come into the town and the last one you 01:07:24
almost see when you leave the town. So aesthetically and in line with the ordinances, my client's position has always been that if 01:07:28
we. 01:07:32
Continue to hand out variances. 01:07:36
And exceptions to the ordinance. Why have the ordinance? 01:07:39
So I appreciate your time. Thank you. 01:07:42
Thank you. Any questions for Miss Peters? 01:07:43
OK. 01:07:47
Anyone else here tonight to speak in opposition? 01:07:48
Two in favor. 01:07:52
No, we we go from in favor to opposition. We're in opposition. Oh, that's right. You're right. You're right. 01:07:54
No, it's OK Anyone else here this evening speak in opposition to? 01:08:00
Request. 01:08:04
OK, moving on. 01:08:05
We've heard from the staff, the applicant. 01:08:08
Do we have a ballot? 01:08:10
I'm sorry, wait, I need to give the. 01:08:12
Applicant chance to speak one more time. 01:08:14
Yes, I got totally out of order. 01:08:16
We just want to point out we didn't just build this fence. This has been here for over 18 months. 01:08:21
We just got a violation for it in September. 01:08:25
It caught us way off guard because we didn't even know about the ordinance. And then it's like, oh, you know what? 01:08:29
She's been seeing her fits for how long? 01:08:34
And all of a sudden we're just now hearing about this. 01:08:36
And hasn't bothered anybody. It hasn't harmed anybody. 01:08:39
Talk about sightlines. This has not been an issue. 01:08:42
For anybody, this is just a personal. 01:08:45
Unique concern. 01:08:48
For our family and. 01:08:50
We're not. It's a very functionable, nice fence. 01:08:52
And I just want to point out, it's been there for over 18 months. OK, Thank you. 01:08:55
I've got a question for Ray before we. 01:08:59
Go further if I can. OK, sure, right. 01:09:01
Ray if this was a commercial zone piece of property, that fence could be. 01:09:11
How tall can they be? 8 feet in the front yard? OK so they have the option to to go in and ask for zoning, is that a possibility? 01:09:17
I mean, they could, but that would be, you know, something that. 01:09:24
They'd have to follow the process and submit that application, right? I understand, but it it's doable. So if they want to leave 01:09:28
the fence there. 01:09:31
I'm just throwing this out. 01:09:35
What? 01:09:37
Did you want something? 01:09:38
I thought you waved your hand. 01:09:39
OK, I'm just I'm just telling this what if if. 01:09:40
If they were willing to. 01:09:45
Apply for rezoning. 01:09:47
OK. Would we possibly allow them to keep the fence up until they were denied zoning of some sort? Can we do that? 01:09:50
A Knicks about ready to fall out was chair. 01:09:57
So they would not. 01:10:04
They would need to use it as a commercial resumed property or propose a commercial zone use, yes. 01:10:06
Yes. 01:10:12
They're living in their personal residence. They would not. 01:10:13
Qualify for OK. 01:10:17
Then be in violation of. 01:10:19
OK, I got you. I'm just having. 01:10:21
That's why I asked the professionals here. 01:10:23
All right. That's all hot in here, right? Thanks. 01:10:26
OK. Any other questions from the board? 01:10:29
Seeing none, do we have a ballot? 01:10:33
Docket GV-10-205-01. 01:10:34
After careful review, the board finds that one approval of the variance will not be interest to the public health, safety and 01:10:40
gender welfare of the community. 01:10:43
Because. 01:10:47
Fence will not be interest to the public health, safety and morals. 01:10:49
Of the community. It poses no risk to neighbors properties and doesn't inhibit access to emergency. 01:10:52
Services and doesn't interfere with septic glands #2. 01:10:58
The use and the value of the area adjacent to the property included. 01:11:02
And the variance will be affected in a substantial adverse manner because the property values of adjacent properties may be 01:11:05
affected. 01:11:08
As a uniformed. 01:11:12
Aesthetic standards for the fences. 01:11:13
Would not be followed. 01:11:15
The TS. 01:11:17
TGZO requirements is to ensure visual characteristic along streets. 01:11:20
As this standard applies to almost all zoning districts with the exception of commercial and industrial districts. 01:11:24
Straying from this standard would create a peculiar exception. 01:11:31
In which a preference rather than a hardship. 01:11:34
Is pursued that is not aligned with the intent of the ordinance. 01:11:38
#3 The strict application of terms of zoning ordinance will not result. 01:11:42
In practical difficulties and use the property because the owner may reduce the height of the fence by two feet and still have a 01:11:47
fence that adequately serves their property. 01:11:51
The justification given by the applicant for a 6 foot fence. 01:11:55
Would be not. 01:11:59
Would not substantially hindered. 01:12:00
By the four foot fence that meets the ordinance standards. 01:12:03
Additionally, privacy and traffic noise. 01:12:06
Our personal preferences rather than zoning hardship. 01:12:08
As a property located along a busy state highway would be subject to noise. 01:12:11
And other inconveniences. 01:12:15
#4 The variance does not involve a structure that is near an airstrip and regulated under Indiana code. 01:12:17
The Board of Zoning Appeals. 01:12:25
Hereby DENIES the petitioner variance at the meeting held on the 10th of November, 2025. 01:12:26
Approved by the Board is subject completion of the filing condition. Dollar General Fences. 01:12:32
Not to be removed. 01:12:37
That completes my ballot. 01:12:38
OK, we have a ballot. Do we have a second? 01:12:40
I'll second. 01:12:43
We have a ballot in a second. Any other questions? 01:12:44
The comments. 01:12:48
Seeing none, all those in favor signify by saying aye aye. Any opposed like sign. 01:12:50
OK, we have the motion passes. 01:12:55
With one vote in opposition. 01:12:58
Thank you folks. 01:13:03
And our next item on the agenda this evening is? 01:13:06
FC-10-25 Dash. 01:13:10
30. 01:13:12
So the owner of the property is Robert and Carol Sprigler. The location is. 01:13:20
5159 Scottsdale Rd. Floyds Knobs IN. 01:13:24
47119. 01:13:28
The zoning district is rural residential. 01:13:30
Going to go into the overview. 01:13:33
So on June 4th, 2024. Ability Commissioner. 01:13:35
Kelly Lang issued a notice of violation to the owners of the property. 01:13:39
Robert and Carol Sprigler for operating a furniture. 01:13:42
Related product manufacturing business without levels on improv. 01:13:46
The property had been used for business for 12 years and no zoning approval, and at the time of the notice was being operated out 01:13:50
of an existing garage. 01:13:53
The letter informed the owners of the property, if required, for a depaction within 15 days. 01:13:57
On June 6th, 2024, James Bergler submitted an application. 01:14:02
For a special exception to continue operation on the family owned cabinet business. 01:14:06
At his father's residence in a new building. 01:14:10
On August 12, 2024. 01:14:12
Busier approve the question following conditions. 01:14:15
One permanent bathroom facility. 01:14:17
As required for employees and requires health department approval. 01:14:19
To any out. 01:14:23
Any outside storage materials must be fully screened by fence for a wall. 01:14:25
Three drive and parking spaces must be paid. 01:14:29
Four, no signage permitted. 01:14:32
5 screen workshop from adjoining residential properties following Floyd County zoning ordinance. 01:14:34
Section 5.09. 01:14:39
A buffer yard Standards. 01:14:41
Six hours of operation, limited through Monday through Friday, 8:00 AM to 6:00 PM. 01:14:43
Seven serious consideration shall be given to moving the new building. 01:14:48
To the southeast corner. 01:14:52
And behind the septic system. 01:14:54
It built. 01:14:56
In the northeast and garage doors to face. 01:15:00
Away from Dogwood Rd. 01:15:02
8 this special exceptions limited to the applicant only 9 limited 4 employees. 01:15:04
And 10 no exhaust. 01:15:09
Dogwood Rd. 01:15:12
In March of 2025, staff. 01:15:13
Started receiving concerns from. 01:15:15
Of neighbors questioning whether Mr. Sprigler. 01:15:17
Closing compliance with the approved conditions for the use. 01:15:20
Director and Chief Operations Officer Nick previously informed the interested parties that staff typically conduct A1 year follow 01:15:23
up. 01:15:26
On approved sites to verify compliance. 01:15:30
But their conditions and site plans? 01:15:32
On September 24th, 2025. 01:15:34
Code Enforcement Officer Albert North. 01:15:37
Conducted an investigation to verify the conditions of the approval had been met. 01:15:39
And Mr. N's report? He found that Mister Sprigler was indeed operating the business out of the garage. 01:15:44
And noted other violations of the conditions of approval, such as? 01:15:49
Or permanent bathroom facility. 01:15:53
And various equipment and materials on site. 01:15:55
Mr. N states in his investigative report that Mister Sprigler had changed his mind about building a new building on the property 01:15:58
and had decided to move the business to Leavenworth. 01:16:02
On September 30. 01:16:07
2025. 01:16:09
Staff issued a notice of violation to Mr. Sperler for non compliance. 01:16:10
Of several conditions. 01:16:14
Of a special exception group. 01:16:15
Staff Recommendations. 01:16:17
Recommendation to revoke this special exception? 01:16:19
As Mr. Springer is not in compliance. 01:16:21
With the conditions of approval for the use and has indicated his intent to relocate the business. 01:16:24
Staff recommends revoking the special exception to stop continued operation of the business on site. 01:16:29
That is all. 01:16:36
Any questions for Ray? 01:16:38
OK. Thank you. 01:16:41
You refer from staff is the. 01:16:43
I guess in this case not the applicant. 01:16:47
Is a representative Mr. Sprigler or Mrs. Sprigler here? 01:16:50
Please come forward and state your name and address for the record. 01:16:54
My name is James Sprigler, address is 5002 Lakeview Drive. 01:17:00
All right, Mr. Sprigler, anything you have to add to what the staff just shared? 01:17:05
Yes. 01:17:09
As following as the compliance. 01:17:11
Miss and Nick Creevy came out. 01:17:15
Gave us a few. 01:17:18
Compliance. 01:17:20
It was approximately a month after. 01:17:22
The review that we had. 01:17:24
The special exemption. 01:17:26
And we got rid of a couple things and there was number. 01:17:27
Other complaints or. 01:17:32
Or any other violations? 01:17:35
At that time. 01:17:37
I believe in the. 01:17:39
New violations which? 01:17:41
Nothing's really changed on the property. 01:17:43
And Nick told me that. 01:17:46
I used to have a porta potty on there. 01:17:50
For for a bathroom and he said to we we're using the. 01:17:53
The house. 01:17:58
For the. 01:18:00
Bathroom. 01:18:01
So I took it that that's efficient enough for have. 01:18:02
Having. 01:18:05
On the on the location of the property. 01:18:07
For employees or. 01:18:10
For the owners as well. 01:18:14
As far as it goes and with the. 01:18:16
The the property of. 01:18:18
Putting a building on there. 01:18:21
I was restricted some some times on there. 01:18:25
As a small business. 01:18:28
Of operating from 8. 01:18:30
To 6:00 Monday through Friday. 01:18:32
It didn't allow. 01:18:35
The time. 01:18:37
To to properly. 01:18:38
Operate a business. 01:18:40
For small business? 01:18:42
So I chose to. 01:18:44
Try to move somewhere else. 01:18:46
Which? 01:18:49
I'm in the process of that. 01:18:50
So I'm trying to relocate but. 01:18:52
The process takes time. 01:18:55
And so I guess I'm looking for a little extra time to try to proceed. 01:18:57
And to move forward with. 01:19:01
My business. 01:19:03
How much better? 01:19:06
How much time do you need? 01:19:08
Approximately a year. 01:19:10
But I'm I'm not in any any other violations like. 01:19:15
As of now, the property. 01:19:19
Of where I'm located is fully screened. 01:19:21
On the backside. 01:19:24
So I don't know I. 01:19:28
I think it said something in there about that being screened and it is fully screened on the backside of the the shop now. 01:19:29
Any any other questions for Mr. Springer while he's here? 01:19:41
Ray, would you agree that there are no other violations? 01:19:48
Come on up. 01:19:54
Hang on there, Mr. Sprigler, we're going to. 01:19:56
Hear from Rain for just a second. 01:19:58
So when Al conducted his investigative report, he stated that there was not a bathroom. 01:20:00
Facility, which is. 01:20:06
A violation and he also stated that various equipment and materials were on site so. 01:20:08
There may still be. 01:20:15
And this was, you know. 01:20:16
Sent out. 01:20:18
In September, so at the time of this writing of the staff report. 01:20:20
These were in violation so. 01:20:24
They may not be, but. 01:20:26
This is just based on how it's written in this investigative report, so I can't. 01:20:29
100% guarantee that it is or is not. 01:20:33
OK, Nick's walking up, so I assume Nick has some commentary. 01:20:37
I do. 01:20:40
So he was approved. 01:20:41
For the use. 01:20:44
Of the property. 01:20:46
Based on the conditions. 01:20:47
He is not meeting those conditions. 01:20:50
These states he cannot be, does not intend to meet those can. 01:20:52
Conditions. That's the violation. He's still using the property. 01:20:56
He has not met those conditions. Each individual condition doesn't. 01:21:00
I mean, they matter, but. 01:21:04
The the purpose is he's, he's operating where he should not be. 01:21:05
Based on your old special exception. 01:21:10
If I remember when he going to build a new building. 01:21:14
Yes. So it was supposed to be a new building away from the property land with proper exhaust and all that stuff, and he wants to 01:21:17
continue to operate in the existing building. 01:21:21
And not correct. 01:21:26
The exhaust or none of that so. 01:21:27
Patient work. I'll do it. 01:21:30
Did it work on Facebook? Dogwood Airplanes. 01:21:33
Hey client, I do have screening on the backside of the shop just like it is. 01:21:35
Like you said. 01:21:39
I believe that is all. 01:21:41
Ordinance it's. 01:21:43
So the board approved. 01:21:45
A new structure. 01:21:47
To be. 01:21:50
Appropriate and conditional on the approval. 01:21:51
So I think that's the issue I mean. 01:21:54
I'm looking, I'm looking at the staff report 10 things. 01:21:58
And what I'm hearing is. 01:22:02
We haven't complied and you're not going to comply with. 01:22:06
All of them in total. 01:22:09
And I think. 01:22:11
Based on what I'm reading here. 01:22:12
If you're not planning to build the building. 01:22:15
Nor do the other. 01:22:18
Items here in total as approved, then we have a decision to make as a board. 01:22:19
I don't think we can pick and choose. 01:22:25
You know, one or two here and there. 01:22:27
So that is the. 01:22:33
What we're requesting is our. 01:22:34
It's up for consideration is revoking the special exception. Then his property would be in violation if he is working out of that. 01:22:37
That will be up to you on if you want to give him time to move out. He's had a year to. 01:22:45
To do this already more than a year, right? 01:22:50
So that's a second issue. The first issue is whether you want to. 01:22:52
So could he file for an additional special exception for? 01:22:58
The new condition of current conditions. 01:23:02
That would eliminate a building. Well, I think it was approved with those conditions. 01:23:05
He could request a modification. 01:23:10
That would be possible to do that. It would be up to the boards discretion whether he could operate while he's under. 01:23:13
Program application. 01:23:21
Well, I guess my question is, is it years? A long time so. 01:23:23
I mean, that's when you said, when you said a year, you just kind of turned me off. So I'll just take it right there. I mean, if 01:23:26
you said. 01:23:30
90 days. 01:23:34
Maybe listen, but a year is a long time to. 01:23:35
To to be in violation. 01:23:38
In fact, that's just my $0.02. 01:23:41
I don't think I've been in violation for I had Mr. Creepy came out. 01:23:42
And looked at everything and said. 01:23:45
This was a violation and the. 01:23:49
He took he took my porta potty away. 01:23:51
And said I had to use the. 01:23:54
The the house for for the restroom. 01:23:55
I said OK. 01:23:59
And so I'm I'm. 01:24:00
I'm following the directions of. 01:24:02
Of Floyd County What he, what he. 01:24:04
Wanted us to do. 01:24:07
And I mean, I've gone through. 01:24:10
You know, I've had IDM come out. 01:24:13
And you know. 01:24:16
I've followed all their directions. 01:24:20
And and and everything in there. I'm not. 01:24:23
Really violating. 01:24:26
I don't everything's screen. 01:24:28
I think that I think that I have to follow. I think it's all got to follow. 01:24:31
The proper setbacks. 01:24:35
On everything. 01:24:37
But I think the violation is if you didn't if you didn't follow the. 01:24:38
Each of the conditions that were set when this was approved. 01:24:42
Then that is a violation. 01:24:45
And and continue to operate. 01:24:48
Without having met those. 01:24:51
Creates a separate violation. 01:24:53
And so. 01:24:55
The end of the art boards decision is to determine number one, are we going to revoke? 01:24:57
The approval that we gave. 01:25:02
Based on what we've heard here tonight from staff and from you, Mr. Sprigler. 01:25:04
And then second to that, we have to determine. 01:25:08
Are we willing to grant any extension of time to continue operating? 01:25:11
While Mr. Sprigler figures out where he would like to move this business, so I see that. 01:25:15
I see that as the only two issues before us. 01:25:20
Disagree with you. OK, so, so with that, I would open it to the board. 01:25:25
Unless you have anything else to add that we haven't heard, Mr. Spriggler, no. 01:25:30
Well, I wonder. 01:25:33
I was looking over the minutes. 01:25:36
And I remember the meeting. 01:25:37
And at that time it says the. 01:25:39
Building permit is on hold with you all. 01:25:42
And we were looking at this as a new building was coming in. 01:25:45
Not to go existing. 01:25:49
How come the building hasn't gone forward? 01:25:51
Operation Hours. 01:25:54
Is why the building hasn't been built, That's correct. 01:25:57
I don't know why to invest. 01:26:00
So much money into something. 01:26:02
That I can only operate from. 01:26:04
8:00 to 6:00, Monday through Friday. 01:26:06
Right. I feel like that's a tough. 01:26:08
I can understand that. 01:26:11
Single guy like that, I mean, but it took me a while to figure that out. 01:26:13
I mean, it's, you know. 01:26:17
It's understandable business, I mean. 01:26:19
I think. I think the alternative though, Mr. Spriggler is. 01:26:21
I think all of us as business people can relate to that. 01:26:24
I wouldn't dispute that point at all, however. 01:26:27
The issue is if you don't like those business hours, then you can't continue to operate in a residential area. 01:26:31
Which is. 01:26:36
Why this came up in the 1st place and so I think. 01:26:37
The the burden really falls to you to decide. 01:26:41
Do you want to? 01:26:44
Move your business somewhere else or stop doing it where you are, I mean. 01:26:46
Our decision is going to be whatever it is, but it's really boiling down to that. 01:26:50
And correct and and I did find some property which. 01:26:54
I have to go through the state as well. 01:26:58
And so I have to and I just purchased it probably about a month and a half ago. 01:27:01
I've been trying to, you know. 01:27:05
I got to go through a lot of lot of. 01:27:07
Hoops and stuff and go through all that so. 01:27:10
It takes time to. 01:27:12
To do that and it took me a long time to to find that. 01:27:14
Any other questions for Mr. Springer while he's here? 01:27:18
Thank you, Mr. Springer. Thank you. 01:27:29
OK, Board members. 01:27:33
We've heard from Mr. Strugler, we've heard from staff and we've had, I think, a pretty reasonable discussion. 01:27:37
Do we need another ballot? 01:27:43
Is that what I'm here? 01:27:44
I don't have one. 01:27:45
Do we have? 01:27:46
I got Catholic book. 01:27:48
We have a coffee. 01:27:50
So accident. 01:27:52
All right, you gonna follow up? So we're gonna work on the ballot here, just basically 1/2 and 1/2 and five and turn the air down 01:27:53
as you're going. 01:27:58
Folks, those of you here, I'm so sorry we don't. We have no idea who controls the thermostat. 01:28:05
But they clearly got carried away this evening. 01:28:11
Basically, we'll use 123. 01:28:14
Usually it's freezing in here. 01:28:18
125 Mr. Ruth, do you know anybody that has access to the thermostat? 01:28:21
Evidence. 01:28:44
From Stanford. 01:28:45
Right. 01:29:04
Discount She's dribbling. 01:29:20
I shot in Denham but you can't remember how many. 01:29:33
That's Microsoft. 01:30:03
Years ago? Is that why you did it? 01:30:06
Docket FC10-205-30. Petitioner James Sprigler. 01:31:00
Board of Zoning Appeals will act in accordance with the requirements set forth in Indiana Code 36-7-4. 01:31:05
In section 15. 01:31:12
14 of the Floyd County zoning had. 01:31:13
Ordinance. 01:31:16
Number one, the evidence. 01:31:17
Represented does show evidence of violation of the conditions. 01:31:18
Of the special exception approval. 01:31:22
#2 Evidence reviewed. 01:31:25
From the staff report. 01:31:27
And the applicants intent to not. 01:31:29
Comply with the initial application not to build a building. 01:31:31
#3 the Board of Zoning. 01:31:35
Hereby revokes. 01:31:37
The special exception at the meeting held on the 10th of November 2025. 01:31:38
After it may continue. 01:31:42
For 90 days and then cease the operation. 01:31:44
That completes my ballot. 01:31:48
The applicant may continue for 90 days, then cease this operation. 01:31:50
That completes my ballot. 01:31:57
OK, we have a ballot. Do we have a second? 01:31:59
I'm wondering with winter coming on, if we ought to give them a little additional time. 01:32:02
Even though he's been up right in the year, I do understand that. 01:32:07
He he's been operating that way for a long time. You can rent places. You're not going to build something in 120 days or. 01:32:10
So you're going to have to find an existing place. 01:32:17
So. 01:32:20
I'll go on ahead and 2nd. 01:32:21
OK, we have a ballot and a second. 01:32:24
Any other questions or concerns? 01:32:25
All those in favor signify by saying aye aye. Any opposed like sign. 01:32:28
OK, we. 01:32:33
We have voted to approve the ballot as presented. 01:32:35
And looking at the agenda for this evening, I don't see any other items to come before this board. So I would entertain a motion 01:32:38
to adjourn. 01:32:42
So second. 01:32:47
Motion and 2nd All those in favor signify by saying aye aye and. 01:32:49
We are officially adjourned. 01:32:53
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Document list

Documents available for this event
Document Name Document type
GV-10-25-01 - Jc & Cecelia Cheshire - DSV General Document
FC-10-25-28 - Deborah Hunt - DSV General Document
FC-09-25-27 - The Sporting Club at The Farm - Revocation of Special Exception General Document
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Transcript

Event transcript
Hello, gentlemen. 00:00:03
Oh God. 00:00:06
I'm taking. 00:00:07
When I went into it. 00:00:20
All right. 00:00:47
Very good here. 00:01:18
Great. 00:01:20
Good evening everybody. 00:01:48
Like it cold tonight's? 00:01:50
Meeting of the Floyd County Board of Zoning Appeals to order. 00:01:51
Tonight is our regularly scheduled meeting, November 10th, 2025. We will begin our meeting with Roll Call. 00:01:56
Mr. Belezer here. 00:02:04
Here here. 00:02:06
Here. 00:02:09
Here. 00:02:10
OK. We do have a full board present, so we will move into the minutes. The minutes of our last meeting have been circulated in 00:02:11
advance of this meeting. 00:02:15
And I assume everyone has had a chance to review those, so I would. 00:02:20
Entertain. 00:02:23
Any comments? 00:02:25
Uh, changes or corrections? If none of those, I would entertain a motion to approve as presented. 00:02:27
Make a motion to approve. 00:02:33
I got a couple things. My name's. 00:02:34
Misspelled on the first couple pages. 00:02:36
One and two and a couple spots. 00:02:39
But I will second with those changes. 00:02:42
OK, we have a motion and a second. 00:02:45
With Mr. Whelan's name corrected in the spelling. 00:02:47
All those in favor signify by saying aye aye. Any opposed like sign. 00:02:51
OK. We're going to move on into old business and tonight. 00:02:56
First item on our agenda for old business. The only item on our agenda is FC-09-25. 00:03:02
5-27. 00:03:08
I'm here to talk about. 00:03:10
A revocation of our special exception and. 00:03:12
I believe we have staff to give a report to the board. 00:03:15
Good evening. 00:03:23
This docket item Mr. White. 00:03:25
Stated is an opportunity to the notice of. 00:03:27
Violation regarding violation conditions of the special exception approval and the revocation meeting we have today is pertaining 00:03:31
to that. So I'll go ahead and start. 00:03:35
A little bit of background information, the owner is the sporting club at the farm. 00:03:40
The location is 4939 Highway 111 S. 00:03:44
New Albany, IN 47150. 00:03:48
The zoning district is agricultural residential. 00:03:51
And now I'm going to go into the overview. 00:03:54
So on September 9th, 2024. 00:03:57
Director of Operations. 00:04:00
Nick Creepy issued a notice of violation. 00:04:01
To the sporting club at the farm for violation of the restricted boundary area. 00:04:04
During an archery event that took place from August 16th. 00:04:07
Through 18th, the farm appealed the decision to the BZA. 00:04:11
As their understanding was that they did not think. 00:04:14
Archery events were beholden to the restricted area. 00:04:16
The BGA upheld the decision, stating that archery events. 00:04:19
Was also adhere to the boundary area. 00:04:22
On August 21st, 2025, staff issued the Sporting Club at the Farmer Notice of Violation letter. 00:04:25
After an investigation by code enforcement officer. 00:04:30
I work N regarding an archery event held on the property from August 8th. 00:04:33
Through 10th, which is found to be in violation. 00:04:37
Of several conditions of their special exception approval. 00:04:39
The letter specified violations related to the maximum amount of. 00:04:42
People. 00:04:45
Permitted on the property during events. Participants shooting within the restricted bander area. 00:04:46
The absence of adequate traffic control during the duration of the event. 00:04:51
This notice of violation Notify the Sporting Club at the Forum of a scheduled public meeting to revoke. 00:04:54
The special exception as it was a continuance of previous violations of the conditions of her special exception. 00:05:00
Staff met with Sporting Club personnel on October 1st, 2025. 00:05:07
To discuss the second notice violation letter. 00:05:11
Sat met with them again on October 23rd to discuss the material submitted. Staffed by attorney John Hughes. 00:05:13
Relevant to the notice of violation that led to the table of scheduled October 15. 00:05:18
Be saving. So now I'm going to go into the findings of fact. 00:05:22
The notice of violations regarding assisted people at the archery room. 00:05:26
Staff noted that during the archery event that took place from August 8th. 00:05:30
To August 10th of 2025. 00:05:33
That the number of people on property exceeded the number specified. 00:05:36
Maximum of people that advance 500 per day. 00:05:39
In the modified conditions of the special exception. 00:05:42
From the March 9th, 2020 BJ meeting docket item. 00:05:44
FC-04-19-13. 00:05:48
Staff counted the number of vehicles on the property during the event. 00:05:52
And it exceeded the maximum amount of people permitted on the property. 00:05:55
As there were 506 vehicles. 00:05:58
During events as stipulated in their. 00:06:00
Special exception approval. 00:06:02
The notice of violation regarding the shooting of arrows within the strictest boundary area. 00:06:05
Or point in time violations as they occurred at specific moment. 00:06:09
During the archery events. 00:06:12
Rather than an ongoing occurrence. 00:06:13
The function of the restricted boundary area was to ensure safety of the surrounding properties and residents during shooting 00:06:15
events. 00:06:17
As well as the lesson, the noise burn associated with those events. 00:06:20
Based on the understanding of owner Joe Cree. 00:06:23
And operator Robert Brooks. 00:06:25
During the investigation of the September 9th, 2024 violation. 00:06:28
The two did not believe that the boundary area applied to archery events. 00:06:31
Although archery was not specifically addressed during the properties initial special section approval. 00:06:34
It was being consistent with the farms proved use. 00:06:38
As a shooting sport, they subsequently received Stormwater Pollution Prevention Plan approval. 00:06:42
As a commercial activity on the site. 00:06:47
During the archery event held from August 8th through 10th, 2025. 00:06:50
Staff took photographic evidence that appeared to show participants of the event shooting within the restricted boundary. 00:06:53
The notice of violation regarding traffic quote. 00:06:59
Traffic control during the duration of the archery event. 00:07:02
During that same event held from August 8th. 00:07:05
Through August 10th, 2025. 00:07:07
Staff took photos. The scenes show their traffic control was not present for the duration of the. 00:07:10
On Monday, October 13. 00:07:14
2025. 00:07:16
John, who submitted a packet that he searched, provides evidence of violations of the pharmacy special exception. 00:07:17
The package included several exhibits in, Mr. Hughes states. 00:07:22
Support recommendation for the revocation of the special exception. 00:07:24
He states that the packet includes testimonies from neighboring property owners. 00:07:28
Evidence of shooting arrows in the boundary. 00:07:31
And violations pertaining to lead recognition. 00:07:34
As the purpose of this meeting is to address the violations noted in the notice violation letter sent to the farm dated August 00:07:36
21st. 00:07:39
The items addressing the legend of violation for leg. 00:07:43
Proclamation for cells. 00:07:47
Located on every properties are not permanent. 00:07:48
To the meeting to address the revocation. 00:07:50
Of a special exception for the noted violations, including in the notice of violation. 00:07:52
So this is the response from the farm. 00:07:57
The response to the aforementioned second notice polished letter they received. 00:07:59
The former stated that the alleged violence were either inaccurate. 00:08:02
A result of a misunderstanding. 00:08:05
Across the first violation of the conditions noted in the letter pertaining to the exceeding amount of the people on the property 00:08:07
for the van. 00:08:10
Forum please that they formed the company hosting the event. 00:08:13
TACT, which is an acronym for Total Archery Challenge. 00:08:15
Of the 500 person cap. 00:08:19
But that a surprise appearance by popular Archer drew more spectators than expected. 00:08:20
Leading to the exceeded amount of people. 00:08:25
They explained that the exceeded amount did not include participants, although the conditions imposed on their special exception. 00:08:27
Stipulated a limit on people, not participants. 00:08:32
Regarding. 00:08:35
Violation of conditions noted in the letter. 00:08:36
The pharmacists had no targets for within the boundary area. 00:08:39
They stated that software application utilized by Tack. 00:08:42
Onyx was used to measuring verify placement of targets. 00:08:45
Our relation to the properties restricted boundary area. 00:08:48
And that photographic evidence submitted by staff really shows participants carrying equipment from station to station and 00:08:51
shooting within permissible shooting areas. 00:08:54
They included data from the software program showing that the shooting of patients were minimal. 00:08:58
319 yards from the South. 00:09:02
And southwest proper line. 00:09:04
Now within the 300 yard restricted boundary line. 00:09:05
Or boundary area from the South and southwest property. 00:09:08
Regarding the third violation conditions noted in the letter. 00:09:11
The farm states that they had contracted the security committee to ensure traffic control. 00:09:14
For the duration of event and at the off duty police officers that were assigned to the event. 00:09:18
Provide assistance with traffic control and other safety duties. 00:09:22
Did so for the entirety of the event. 00:09:25
They provided a letter from the security company. 00:09:27
An invoice and a point of contact for the assignment. 00:09:30
In response to Mr. Hughes Pact of harm States and much of what was submitted and I was not pertinent to the. 00:09:33
Violations noted in the notes letter. 00:09:38
They would only address the relevant items. 00:09:40
Farm States and the response letter that they acknowledged that there was a target placed. 00:09:42
Within the 300 yard buffer zone. 00:09:46
That they were unaware of would indicate that the target. 00:09:47
Was not positioned in a fashion. 00:09:50
Or post a safety risk to the public or joint property owners as it was positioned in a manner in which arrows were shot inward 00:09:52
towards the proper. 00:09:55
To ensure that this violation does not recur in the former stated, they would implement steps such as assigning an employee to 00:10:00
verify each target's location in relation to restricted boundaries. 00:10:04
Before any shooting begins and conducting an. 00:10:08
Formal on site meeting with TAC representatives prior to event staging to address the boundary map. 00:10:11
And clearly identify off limit errors. 00:10:16
These are the considerations. 00:10:21
Site limitations for the initial approval of the use were more concerned with the shopping events. 00:10:24
And hunting activities is distance for the boundary. 00:10:28
Was determined with consideration to the travel distance and noise of shotgun projectiles. 00:10:31
As such, the restricted area imposed. 00:10:36
During initial approval of a special exemption may be considered substantially restrictive. 00:10:38
For archery, Vince. 00:10:41
An area or an event where excessive noise is not a large concern. 00:10:42
Limiting the number of people can be seen as overly restrictive of business as it limits the farms occupational capacity given the 00:10:47
substantial acreage. 00:10:50
Of the property and reduces the farms ability to. 00:10:54
Fully realize his business potential. 00:10:57
I'll be at the farm should be required to maintain traffic control throughout the entirety of all of its events. 00:10:58
Both archery and archery to ensure the safety of pedestrians and voters. 00:11:03
Approval for the modification of the special exception states a maximum. 00:11:07
500 people. 00:11:10
At events per day. 00:11:13
The requirement for maximum amount people permitted permitted at the event may be seen restricted to adequate control. 00:11:14
Traffic control is not is provided enforced throughout the duration of the event. 00:11:19
Revoking the special session for the sporting club is excessive given the farm has demonstrated an ability to comply with most of 00:11:23
the conditions. 00:11:27
On their initial special exception approval. 00:11:30
The archery event in question seems to be most problematic event given the parameters. 00:11:33
Impose on are also reflected of events. 00:11:36
That necessitate more stringent restrictive requirements. 00:11:39
Such as hunting and shopping events. 00:11:42
Even at the far bait, I have adequately addressed the recurrent violations pertaining to the strict amount of error. Perhaps a 00:11:44
special exception modification would be the more appropriate course of action pursued. 00:11:49
Modifications of conditions that could be soluble and the violations could be. 00:11:54
Requiring the farm to conduct the survey. 00:11:58
Operating tomorrow. Post signage exactly. 00:12:00
Along with the restricted boundary area. 00:12:03
Starts slash ends as well as requiring enforcement of the boundary area by farm staff. 00:12:05
To ensure compliance, our participants. 00:12:09
We're having a safety specialist. The test. Why? 00:12:12
The boundary area of our treatments can be lessened. 00:12:14
The farm is currently not in violation of any conditions. 00:12:17
As of the time of writing the staff report and. 00:12:19
Here are the staff recommendations. 00:12:22
Recommendation not to revoke the special exception. 00:12:24
Nature of the violation of the conditions are incidental traffic control not being provided for the entire event. 00:12:26
As also participant cap revised and then I seem to have been. 00:12:32
Done intentionally or with mouse rather there were. 00:12:35
A result of a misunderstanding by farm personnel that the farm can redress. 00:12:38
A response to the target in the shifted boundary area. 00:12:41
The pharmacy of their intent to rectify the issue through stricter enforcement and better communication attack. 00:12:44
A singular target being placed within a buffer zone on a substantially large lot. 00:12:49
During an event in which large groups of people participated along with excessive people on the property. 00:12:53
And traffic control not being present. 00:12:57
For the entirety event is not married revocation of the business use. 00:12:59
Staff does not recommend, or staff does recommend that the farm consider a change of restrictions. 00:13:02
There were special exception modification if they want to modify any conditions. 00:13:07
And present justifications as to why. 00:13:11
As such, staff recommends the following. 00:13:13
To address. 00:13:15
Restrictions. 00:13:16
1st for the restricted boundary area restriction. 00:13:17
A survey should be conducted in a farm staff. 00:13:19
Shall post markings. 00:13:22
Or science dedicated along the restricted area every 100 feet or so. 00:13:24
2nd for maximum attendees restriction. 00:13:28
Moderate event capacity by both spectators and participants via sign in sheet. 00:13:30
Other event. 00:13:35
Attendance. 00:13:37
For the traffic restriction, ensure traffic control. 00:13:38
Contractors operating for duration. 00:13:41
Of events that also recommends that recommends. 00:13:43
Issuing the fine in accordance with Floyd County Zoning Ordinance at 70.75 dollars. 00:13:47
Per day for the three day event. 00:13:51
The fine covers violations of Congress placed with unrestricted boundary area, but for the exceeding amount of people for the 00:13:53
duration of the event. 00:13:56
For total of $225. 00:13:59
That is all. 00:14:01
OK. Does the board have any questions? 00:14:04
For the staff. 00:14:06
OK, seeing none. Thank you, Rick. 00:14:12
So before you move on to the next phase of our. 00:14:15
Addressing this violation, I want to point out to the crowd tonight, just for your information. 00:14:20
When dealing with violations of previously approved conditions. 00:14:26
Our rules do not require us to open the floor for public comment. 00:14:31
However, uh. 00:14:35
By looking at this group tonight and seeing there is such a large group. 00:14:35
We wanted to make an exception to that. 00:14:39
Based on the level of interest in this, we understand that some of the neighbors. 00:14:43
Of the adjoining properties are an attorney to represent them. 00:14:48
And we would be willing to. 00:14:51
Grant, the attorney. 00:14:54
The opportunity to speak on behalf of the group, if that's OK with you guys. 00:14:55
Grant 5 minutes to come in. 00:14:59
Make their case and then. 00:15:01
Course will have to allow representative of the farm to respond. 00:15:03
And then once we've heard that, we'll close that section of the meeting and we'll then get into. 00:15:07
How we ordinarily would deal with violations. 00:15:12
Previously improved conditions. 00:15:15
So. 00:15:17
Mr. Hughes, I'm you're here, I'm assuming that the group is OK with that. 00:15:19
If you want to take a moment, ask, that's fine by us. 00:15:23
OK, please come forward, state your name and address for the record. 00:15:26
Sure. 00:15:29
Thank you, Mr. Wright. My name is Jonathan Hughes. I'm an attorney with the law firm of Bozeman. Evans Address at 111 Monument 00:15:30
Circle, Suite 2700. 00:15:34
In Indianapolis, IN, I represent two families, Paul and Julie Riley. Paul, you stay informed Paul and Julie Stan. 00:15:38
They're at 39345 Mile Lane. 00:15:44
There is a map in the materials I provided. I think at exhibit B they live on the left hand side of that map. 00:15:46
Just directly next to the farm property. 00:15:52
I also represent Andrew and Angela Loesch. Andrew and Angela, if you would stand there at 4:00 or 541505 Mile Lane. 00:15:54
They're just next to the Riley property and also just. 00:16:02
I'm going to say north, but it's actually not N it's just on the top part of the map there, just above the Rileys. 00:16:05
And the reason we're here, this is the fourth time I've been before this board. This is the third time I brought evidence of 00:16:12
violations. I don't want to be here. 00:16:15
I'm sure that you guys don't want to see us back here, You don't want to see the farm back here. 00:16:19
But we're here because we've had repeated and consistent violations. I must take issue with the staff reports suggestion that this 00:16:24
is a. 00:16:28
Kind of a moment in time violation. We were just here in January. 00:16:31
On whether or not shooting archery. 00:16:35
Within this buffer yard was a violation. This board said it was. We were just here last year in August. 00:16:37
On whether or not. 00:16:43
They needed to reclaim the lead and this board said you violated the ESP. You haven't followed through. Get this done. And what 00:16:45
we've presented is evidence that's still within the year since we have that hearing. 00:16:50
They still have not completed that that requirement. 00:16:55
As my October 13th. 00:16:59
Letter indicates I'm asking you to take. 00:17:01
All of the information I've provided before in FCC. 00:17:03
8-201-21. 00:17:06
FC4-204-16 and FC10-204-44 as well as this letter into consideration tonight. 00:17:09
As concerns the lead contamination. 00:17:16
Both staff and the farms response is. 00:17:18
That's not relevant tonight. Just deal with that later and we'll investigate another time. If we have to come back to investigate 00:17:21
that again, I guess we'll be back. I was trying to save time. 00:17:25
We think it's pretty clear they haven't done what this board told them to do. 00:17:29
Not sure what else there is to investigate, but we have to come back. 00:17:32
Will file another violation. 00:17:35
Back in January. 00:17:39
Staff found that it was a violation to shoot within the restriction other restricted area. 00:17:40
We noted that to them. 00:17:46
We provided information to staff, Staff had pictures. 00:17:48
And here's what the the farm said in response. 00:17:51
To the pictures, Mr. Divya, Kind of. 00:17:54
Highlighted at 40, but this is directly from their letter. 00:17:56
Their letter states. 00:17:59
That we believe that it's simply not accurate. 00:18:02
That they shop through the restricted area. 00:18:04
The photographs that were tested notice appear to show Archers carrying equipment from one station to another. 00:18:06
As well as Archer shooting at practice stations. 00:18:11
When Tack arrives at a venue before they set up their various courses, Tack receives very clear boundary instructions to the 00:18:14
property owner, as was done here. 00:18:18
And they talk about using onx. 00:18:22
Well, that turned out to be a lie. 00:18:24
We presented a video. There's a video in the file. I'm sure you all have had a chance to review it. 00:18:25
That video says shows that exact location. 00:18:30
That they were shooting arrows there. 00:18:33
And their response is all we didn't know about that one, but their their response to you originally was we marked them all with 00:18:35
this Onyx technology. Everything was upside the buffer. 00:18:39
Once they got caught in a lie, not only did they come back and say oh. 00:18:43
We didn't know about that. 00:18:46
But they also sent a letter to my client. 00:18:48
That said, stop. Stop watching what we're doing. 00:18:49
Stop videoing what we're doing. 00:18:52
Well, let me tell you why we're doing that. 00:18:54
We brought this to staff's opinion. 00:18:55
Right off the bat. 00:18:57
We so we told staff the day before the event, a couple days before the event happened, they're setting up targets in the wrong 00:18:58
place. Can you please go review it? Staff went out and told them to move, move the targets. 00:19:03
They move the ones that were. 00:19:08
Able to be seen from Mike from the Riley property, but they didn't move otherwise. 00:19:09
They just left them where they were. They they could have gone out and done their job, but they didn't. Staff then told us take 00:19:13
pictures, take documentation. 00:19:16
We present pictures, the farm says, oh, those are just photos, nothings happening there. 00:19:20
So we have to get video. 00:19:24
This is getting ridiculous. I think enough. 00:19:25
Is enough. 00:19:27
I'm tired of coming here and telling this board that these guys can't follow the rules. 00:19:28
I was hopeful I was wrong last time. 00:19:32
But it's clear they cannot keep the rules. It's a simple rule. 00:19:34
Stay outside of the buffer yard. 00:19:37
I only have about a minute left. The last thing I want to address is Mr. Lotions property. 00:19:39
Mr. Loesch testifies, and this is not addressed by anybody. 00:19:44
Not my staff. 00:19:46
Not by the gun range. 00:19:48
That there were three targets within 35 yards of this property during the entire. 00:19:49
Event Mr. Loesch found 30 arrows. Mr. Loesch, you have those. Hold those up. 00:19:54
About 30 errors. 00:19:58
Any one of those arrows is a death. 00:19:59
OK, this is serious stuff. 00:20:02
Arrows on his property. 00:20:03
Because they're not shooting in words. 00:20:05
They're shooting at the targets. That's what his testimony does. 00:20:06
Nobody addresses that at all. 00:20:09
They just ignore it. 00:20:11
This weekend, Mr. Riley. 00:20:12
Went out to lay to king kinds property which is on the other side of the map. 00:20:13
And they found another. 00:20:18
Set of arrows. Mr. Riley has those in front of you there as well. 00:20:19
Happy to submit those for the record. 00:20:23
I do have a petition here signed by 151 folks and other petitions signed by 11 other folks requesting. 00:20:24
That this property. 00:20:30
Be that this petition be removed and I'll submit that to staff. 00:20:33
Finally, I know run out time. 00:20:36
$225 fine. 00:20:38
That's ridiculous. 00:20:39
Your zoning ordinance says for a variance, for a variance fine it could be $500, which is the variance application times 5. 00:20:41
Times Day of violation. 00:20:48
I suggest you give them that for each one of the people that was on that property according to the permit. 00:20:50
That was. 00:20:55
They had. 00:20:57
Secondary according to their permit. 00:20:58
They expect to have 1300 people out there. 00:21:00
That's $97,000 a day. Times 3 days, that's $292,000. 00:21:02
You're going to give them a fine, do that. 00:21:07
With your zoning ordinance says if there's evidence of revocation. 00:21:08
This board's duty to revoke the permit, and that's the right remedy here. Revoke this permit. Enough's enough. 00:21:11
Thank you. Thank you, Mr. Hughes. 00:21:16
Is there a representative here of the farm? 00:21:20
Would like to speak on their behalf. Please come forward. State your name and address for the record. 00:21:23
Thank you. My name is Mark Phillips. I'm an attorney. 00:21:28
But Phillips Law in Boonville, IN. 00:21:31
Practice there with my three sons we're here on behalf of. 00:21:33
Joe Pray, the owner and his partner Ben and. 00:21:36
Several of the employees at the farm let me first. 00:21:40
Suggest to you I've been the city attorney in Boonville for 31 years. 00:21:43
And before that, I served as counsel for the War County Board of Zoning Appeals and Planning Commission. So my. 00:21:48
My appreciation for people like you who serve on a board goes way back. 00:21:55
It's not been my experience that it's productive to come before you and start yelling at you. 00:22:01
Saying the things you do are ridiculous and then suggesting things that are nonsensical. 00:22:06
The other thing I've learned as a trial lawyer? 00:22:11
Is that you run the risk of really offending people when you start to call them liars. 00:22:14
And one of the things that I've been most impressed in my experience, along with my son Joe. 00:22:19
And other full time employees at the farm. 00:22:25
Is in meeting with both Ray and Nick, it was apparent to me that they had two. 00:22:28
Primary objective 1 was. 00:22:32
And sifting through the the allegations that have been made. 00:22:35
And trying to understand. 00:22:41
What the parameters of their permit operation is? It became very apparent to me. 00:22:43
The best way to address. 00:22:48
People who make unreasonable allegations and then. 00:22:50
Hire a lawyer to come before you and call them a liar. It's best to submit information to you. 00:22:54
And not get into that kind of approach, so I'm not going to do that. 00:23:00
Not going to yell at you. I'm not going to call people liars. And the last thing I'm going to do? 00:23:03
Is insult the information? 00:23:07
That was provided to you by the two gentlemen you've vested. 00:23:09
Providing that information to you. 00:23:12
One of the things that we can't do is call it. We can't come and provide this information. 00:23:14
Directly and one of the things that. 00:23:19
Surprises me. 00:23:21
Is that? 00:23:23
The Notice of violation is outlined 3 specific areas of inquiry. 00:23:23
We met twice with your staff and both times we addressed those issues. 00:23:28
And collaboratively, we talked about how to remedy. 00:23:33
Those violations not for the purpose of trying to figure out a way to buy time. 00:23:37
But to move this venture forward, this is an incredible economic opportunity. 00:23:42
Development opportunity. 00:23:47
For Floyd County, it is. It is a beautiful venue for those who've been there, you see that. 00:23:48
And there's nothing that these people want to do but function in a fashion that's productive. 00:23:54
That's fiscally responsible. 00:23:59
That is in compliance with the exception conditions that you have imposed and. 00:24:01
To remedy things if issues come up, and that's what we've done. 00:24:07
First of all, we provided to your staff and and. 00:24:11
Ray alluded to this and this is not part of the notice of violation. 00:24:15
And your staff suggested we agree. 00:24:21
The other side doesn't care. 00:24:24
We provided. 00:24:26
Information to you showing that the lead reclamation had in fact occurred. 00:24:28
This is a letter dated November. We have another letter divinated. 00:24:32
Dated 11/30 of 25. 00:24:36
It outlined that the reclamation was done between 824 and 25 and 97 of 25. 00:24:39
It tells the staff that 800 cubic yards were screened. 00:24:45
It identifies the. 00:24:50
Equipment that was used. 00:24:51
And then it talks about. 00:24:53
The 5000 lbs of clean lead that was recovered in bag. 00:24:55
Levels of high quality and excellent for loading. And what offended these people? We've learned. 00:24:59
Is that these people? 00:25:03
He objected to the clean filter. 00:25:05
Being removed and sold and there were allegations about. 00:25:07
Groundwater contamination, but I won't get into the purpose of my. 00:25:10
Addressing these is for two reasons #1. 00:25:14
When when they were notified of violations in. 00:25:19
We learned about some of the surreptitious activities that were occurring. 00:25:22
Including illegally flying drones over. 00:25:26
Private property. 00:25:28
I sent a letter to Mr. Hughes and I said here's the thing. 00:25:30
We don't want to approach these things. 00:25:32
And anymore of an adversarial fashion than we have to. 00:25:34
When you make allegations that aren't true. 00:25:38
You know, back in Warrick County. 00:25:40
If somebody adjacent property owner has a problem, they go to that. 00:25:43
That business owner and say hey. 00:25:46
This is something that we don't approve of. These people have gone repeatedly. 00:25:48
They had an open house. 00:25:52
When When new management took over in 2023, Ed Milton Health said, hey, we want to reduce ourselves. We want to make. 00:25:53
This a going operation where we can do the kind of things that make us good neighbors and you with us. 00:25:59
No one attend. 00:26:04
There have been instances where there have been overtures. 00:26:06
To to to remove things that. 00:26:09
They find objective and they don't, they don't want to take them up on that opportunity because. 00:26:12
As Mr. Hughes told you. 00:26:17
If you don't do what they want, guess what they're going to do? They're going to come back and they're going to make more reports 00:26:20
of violations. 00:26:23
Whether they're true or not. 00:26:26
That's not what this forum is for. 00:26:28
The staff made an investigation. They've made a recommendation to you. 00:26:31
They have recommended things that my client stands ready to achieve and accomplish and. 00:26:35
They will have a check to pay the fine. 00:26:41
If the board sees fit to approve the staff report. 00:26:43
And issue the orders that are required by statute. The other thing I would tell you is this. 00:26:47
This is not about calling people names. 00:26:53
This is about allowing allowing this business to function in a reasonable appropriate. 00:26:56
Consistent fashion. 00:27:01
That does what it has to do. 00:27:03
Mindful of the exceptions that you have created in. 00:27:05
Approving that permit. 00:27:08
We'd ask that you follow the recommendations of your staff. That's what they're there for. 00:27:09
We'd ask that you approve their report. 00:27:13
And we'd ask that you issue an order accordingly. 00:27:15
And I'd be happy to answer any questions. 00:27:18
If you haven't. 00:27:20
Thank you, Mr. Phillips. 00:27:21
Does the board have any questions for Mr. Phillips? 00:27:23
Nope. Thank you, Mr. Phillips. 00:27:28
OK. So we've heard the staff report. We've all had a chance to review that as well as all of the information. 00:27:32
That has been presented regarding this SO. 00:27:39
Do we you know? 00:27:42
Have any other comment or discussion amongst the board? 00:27:44
We we would like to address one thing that. 00:27:51
Mr. Hughes had mentioned Mr. Loches arrows that were. 00:27:53
Included. 00:27:58
We did not include those because we were unable to verify the location of those based on the photos that were sent so. 00:28:00
That is not a substantiated. 00:28:08
Violation in our eyes. 00:28:10
When you say the arrows. 00:28:13
So in in the documentation that Mister Hughes provided, there was. 00:28:15
Photo Photographics. 00:28:22
Targets. 00:28:24
In eras, we don't know where those were. 00:28:26
So we weren't able to include those in any kind of violation. 00:28:29
We did research those we did investigate. 00:28:32
I just wanted to clarify that point. 00:28:35
I would also like to note that we have been here a few times for the farm regarding violations. 00:28:38
All of the times that we have. 00:28:45
Notice them for violations. They have corrected those issues. 00:28:48
To our understanding. 00:28:52
Thus far. Any other questions for Nick while he's here? 00:28:54
The the arrows that were found, can you speak into the microphone? 00:29:00
The arrows that we do not know where they were found neither one of these groups of arrows. 00:29:07
No, we, we, we don't know what. 00:29:13
OK. 00:29:19
Any other questions for Nick Wallace here? 00:29:23
Can, can, can the lawyer tell me where he thinks they were or where he's? Yeah, it's, it's our priority, if you like, Mr. Hughes. 00:29:26
Would you explain where you think? 00:29:34
Where you all are seeing these arrows were located at in my packet information if you go to Exhibit D. 00:29:36
You'll find a little map, it's behind the little tab D there. 00:29:44
I'll hold it up for you. 00:29:47
The lowest property is over here along this boundary. 00:29:52
So the arrows were found in this area here behind these woods. 00:29:56
Also, the most recent intervals we brought today were found on this open farm field over here. 00:30:00
And the other thing I would, I would note for the board is I appreciate. 00:30:06
What the staff has said. 00:30:12
And I'm in no way. 00:30:14
Suggesting the staff doesn't do a good job. I know they do. 00:30:16
It's just frustrating for my clients. I'm not mad at you all. 00:30:19
But I do want to note that staff never met with my clients. 00:30:21
They never came out and looked. 00:30:25
They didn't come out and look on their property. 00:30:26
All they told him and it's in the materials, you'll see emails. They said hey, just get photos for us. My clients did what they 00:30:28
were asked to do by staff. 00:30:31
So it's hard to take a photo. 00:30:34
Of an of an archery target and someone shooting archery at it. You can't do that. 00:30:36
It's going to put your life at risk. I just want to know that. OK. Thank you. Yeah. Happy to answer your questions yet. 00:30:40
What I'm struggling with? 00:30:46
Is is. I don't have a layout of where these targets are. 00:30:48
So I don't know where on the farm. 00:30:51
Property. These are. 00:30:53
So when I drove around out there. 00:30:56
And I see this big hill. 00:30:58
Over here and I'm like. 00:31:00
Are the targets. 00:31:01
Such that the. 00:31:02
How did they shoot all the way over this hill or how did they get down to? 00:31:05
Deloaches property. 00:31:08
I'm struggling with. 00:31:10
How they could get there? 00:31:11
Since I don't know where the targets were. 00:31:13
And I don't see a lake, but we don't have a layout of where the targets are. How do I know? 00:31:16
I can't conceive of how they get there. 00:31:21
Without a better explanation. 00:31:24
I know the one along Five Mile Lane now that. 00:31:29
That was awful close to the road. 00:31:32
There was a berm there. 00:31:34
But if you look how they were shooting, there could still be an incident. 00:31:36
You know, but what I don't understand is. 00:31:41
After they done told him you've done, you have some targets in the wrong place. 00:31:44
Move em. 00:31:49
And then we still have one and possibly a couple others. 00:31:50
I have a real hard time with that. 00:31:54
And they were notified they were out there. 00:31:56
Move them. Please move them. 00:31:59
And then we end up with one. 00:32:02
That wasn't very far from five mile away. 00:32:04
It was real close. 00:32:07
I drive through there, my wife drives through there, we have family with friends go through there all the time. 00:32:08
It's a main artery Five mile lane coming off a Hwy. 11 on top of the hill. 00:32:14
And I couldn't believe it was that close. 00:32:19
I mean that's ridiculous after they were warned to move and we still have one there. 00:32:23
Other comments from the board. 00:32:33
Other thoughts? 00:32:34
Seeing none, do we have a ballot? 00:32:42
I do have a ballot. 00:32:46
Revocation of special exception ballot. 00:32:47
Floyd County zoning appeals stock it. 00:32:51
FC-10-205-29. 00:32:54
Property owners Sporting. 00:32:58
At the farm. 00:32:59
The Board of zoning pills will act in accordance with. 00:33:04
With the requirements set forth in Indiana State code 36-7. 00:33:06
Dash 4 and Section 15-14 of the Floyd County. 00:33:10
Zoning ordinance finding effects Evidence reviewed. Staff report. 00:33:15
Notice of violation and docket package. 00:33:20
The proceed the procedure for violation outlines Section 15-05 of the Floyd County. 00:33:23
Zoning ordinance were followed. 00:33:29
The evidence. 00:33:31
Does not indicate an uncorrected violation of conditions of the special. 00:33:33
Exception approval. 00:33:37
The Board of Zoning appears. 00:33:39
Does not revoke the special exception at the meeting held on the 10th day of November. 00:33:42
2025. 00:33:47
The board. 00:33:49
The board of. 00:33:51
Of zoning appeals requires the following actions. 00:33:52
Owners shall meet with two board members. 00:33:57
And the staff. 00:34:00
As soon as possible. 00:34:01
The staff recommendations per the staff report. 00:34:04
The violation per the staff report. 00:34:09
That is my ballot. 00:34:12
OK, we have a ballot. 00:34:14
Do we have a second? 00:34:15
I'll second. We have a ballot and a second. 00:34:21
Any other comments? 00:34:24
Or questions? 00:34:26
Well, I do. I have some comments. 00:34:27
So what I just heard was you're seeing to go along with the. 00:34:31
The staff director, I want to back up. I'm going to read those just for the record. I think thank you, thank you, thank you, thank 00:34:35
you. 00:34:39
OK. The staff recommendations follows to address restrictions. 00:34:43
For the restricted boundary area restriction. 00:34:48
A survey should be conducted in farm staff. 00:34:51
Shell post marking signs dedicated along the restrictive area. 00:34:54
Every 50 feet or so. 00:34:58
The maximum attendee restrictions. 00:35:02
Moderate event capacity by both spectators and participants via sign in sheet. 00:35:04
Another attendance tracking. 00:35:10
For the for traffic restrictions. 00:35:12
Ensure traffic control. 00:35:15
Contractors are operating for the duration. 00:35:17
Of the event. 00:35:21
Staff also recommends assuming a fine in accordance with the Floyd County Zoning Ordinance at $75 per day. 00:35:23
Three day event. 00:35:30
The fine covers violation for targets placed within the restrictive boundary area and for exceeding the allowed number of 00:35:31
participants for the duration of the event. 00:35:35
For a total of $225. 00:35:39
That is my ballot. 00:35:41
All right on your on your first. 00:35:44
Restricted thing about the boundary. 00:35:48
I would like to add that no archery event. 00:35:51
Can be held. 00:35:54
Until the restricted boundary is surveyed and posted and marked. 00:35:55
And then I would also like to add. 00:36:00
That the gun club. 00:36:03
She'll have. I'm going to call them marshals. 00:36:04
That go around. 00:36:08
And monitor that people are staying inside this boundary. 00:36:09
To let this place out to. 00:36:14
Tack and let them run it for the day. Doesn't seem to be. Seems like they're doing whatever they want to do so. 00:36:16
I think the gun club needs to have. 00:36:22
Marshalls, does that call them to enforce? 00:36:25
The boundary. 00:36:27
So that's my suggestion is that you have marshals and at no events until it happens. 00:36:29
I have a question, Nick, about. 00:36:37
The fan. 00:36:39
Mr. Hughes says there's something a much bigger fine we can. 00:36:41
Add instead of $75. 00:36:45
He's come up with something. 00:36:47
$500 number. 00:36:48
Are you familiar with what he's talking about? 00:36:50
Is that allowable? 00:36:53
I I believe he's referring to violations of the site plans. 00:36:57
Where you construct something. 00:37:02
In violation of the approved site plan. 00:37:04
Which we allow five times the violation. 00:37:07
Uh, in the application fee. 00:37:11
I believe that's what. 00:37:14
Is that allowed? Can that be? 00:37:16
Put onto this. 00:37:19
As opposed to the $75? 00:37:20
I think that's more of. 00:37:25
Legal question than a staff question here. 00:37:26
At the end of the day, it's your discretion in terms of what you want to charge in terms of the fine subject to. 00:37:29
The ordinance. 00:37:35
Well, I would I would propose that we go to the $500. 00:37:38
And I guess if that. 00:37:44
If there was. 00:37:45
2 violations. 00:37:48
One for the number of people on, one for being outside the boundary. 00:37:50
That makes it $1000, and $1000 for three days would make it a $3000 fine. 00:37:55
Which still doesn't sound like much, but. 00:38:00
It's a little more significant than. 00:38:03
Fat $450. 00:38:09
All right, so you want me to read that? 00:38:12
For you, Mr. White, Yes, OK. What Mr. Rebel Hauser's asking is that we add in the conditions. 00:38:14
That and order them in order for them to have another event, no event. 00:38:20
Will take place until the corrections are met. 00:38:25
That's archery. No, no, archery events will be. 00:38:28
Will take effect. 00:38:31
Until the correction. 00:38:33
And when that? 00:38:34
Correction is made in a next archery event. 00:38:36
Is. 00:38:38
Then he wants a Marshall. 00:38:40
That is responsible. 00:38:42
To see that the targets are in the proper places and they're shooting in the proper. 00:38:44
Direction. 00:38:49
Lastly, he wants to make the fine $3000 in total. 00:38:51
That's the amendment to the ballot. 00:38:56
Can I just clarify? Yep, when you said that the corrections are made, you're referring specifically to the survey. 00:39:00
And the post markings and signs, that's correct. Yes, that's correct. Yes, Sir. Just want to make sure we're clear. 00:39:09
You want to call them recommendations or? 00:39:15
Or corrections. There are more recommendations, correct? 00:39:17
Stay well, just it's conditions or conditions, the conditions that they are conditions. 00:39:23
Yes. So not recommendation, not corrections condition. 00:39:27
Their conditions, that's correct. 00:39:30
These are conditions. 00:39:32
OK, so if. 00:39:34
Somebody's gonna have to vote on that, and then I have to rewrite that into my ballot. 00:39:36
OK, so so we. 00:39:41
Heavy. 00:39:43
Modified. 00:39:45
Ballot. 00:39:48
As presented by Mr. Unruh. 00:39:49
Do we have second for that? 00:39:51
That's modified. 00:39:53
I'll second. 00:39:55
OK, we have a. 00:39:57
Modified ballot in a second. 00:39:58
All those in favor signify by saying aye. 00:40:01
Aye, any opposed like sign? 00:40:03
OK then. 00:40:06
We have a. 00:40:08
We have a plan of action for that. I need, I'm gonna need a couple minutes. OK, sure. Thank you. 00:40:09
OK, so. 00:40:17
That being the only item on old business tonight that will move into New Business. 00:40:20
And our first item on our agenda for new business is FC-10-205-28. 00:40:25
Development standards variance. 00:40:30
And I believe staff is going to come in. 00:40:33
Address that with us. 00:40:35
You want to give him just a few. 00:40:48
Few moments for the. 00:40:50
There you go. OK, Ray, if you'd like to carry on. 00:41:41
We're ready. The petitioners, Debbie Hunt. 00:41:46
The location is 1500 Northfield Dr. Georgetown IN zip code 4712 or 47122. 00:41:48
The request is a development center experience for the historic necessary structure location. 00:41:55
And that's outlined in the. 00:42:00
Ordinance Section 5.04. 00:42:01
Item D The zoning district is rural residential. 00:42:05
So I'm going to go into the overview. 00:42:08
So the applicant is requesting A variance to allow. 00:42:10
Replacement of an accessory structure and required setbacks. 00:42:13
The applicant was proposing placing a 12 by 30 foot shed. 00:42:16
4 feet from her South property line, which should not be the 10 foot rear yard set back requirement established for the RR zoning 00:42:20
district. 00:42:23
The subject property is. 00:42:27
.63 acre lot located in the Northfield Southern region. 00:42:29
All adjoining properties are also zoned RRR. 00:42:32
Happening states there's no other feasible location to place the shed, as that declines would prohibit placement any further. 00:42:35
North little proposed location or closer to the residence. 00:42:42
The eastern portion of the lot contains mature trees and the fish pond that prevent placement of the shed there. 00:42:46
Other proposed locations would likely. 00:42:51
Also require variance as there will likely be encroaching on a 10 foot side yard set back but required variance replacement were 00:42:52
placed in front of the residence. 00:42:56
Adjoining property to the southeast has a shared place within 10 feet of their southern proper line, albeit. 00:43:01
Probably is not located in the subdivision, but it is also zoned RR. 00:43:07
A 10 foot utility easement currently uses. 00:43:11
Along the South property line owned by Harrison RMC for. 00:43:14
The applicant has submitted a letter from Harrison RMC. 00:43:17
Giving them consent to place in proposed shed and the existing easement. 00:43:20
So section 5.04 accessory use. 00:43:24
Slash structure standards. 00:43:27
Item D states no accessory structure shall be placed in any required setbacks. 00:43:29
So I'm going to go into the staff comments. 00:43:33
The approval will not be injurious to the public health safety morals. 00:43:36
General welfare of the Commun. 00:43:39
The placement of the shed behind the home poses no threat to the public. 00:43:41
Potion will also have no effect on access to the residents emergency services. The Floyd County Health Department has indicated no 00:43:45
issues with the proposals. 00:43:49
Interference with the sub site septic system. 00:43:53
Now the applicant has received consent. 00:43:56
Replacement of the shed and the existing easement. 00:43:58
By the owner of these. 00:44:00
#2. 00:44:01
The use and value of the area just properly included in the variance will not be affected in a substantially adverse manner. 00:44:02
The using value of adjacent properties will not be affected by the placement of the barn behind the residence. 00:44:09
Accessory structures are already permitted behind residences by the Floyd County Zoning ordinance, so the request is not 00:44:13
substantially adverse aesthetically or in the properties use additionally. 00:44:18
The applicant has indicated that the shed will match the visual character of the home. 00:44:23
Which may increase the value of the residents and in turn other residences in the area. 00:44:26
#3. 00:44:32
The strict application of the terms of the zoning ordinance will result in a practical difficulties in the use of the property. 00:44:33
The strict application prohibiting placement of an accessory structure within the Sebastian represents the difficult use of 00:44:40
applicants property in the sense that. 00:44:43
Although the use of the property is single family. 00:44:46
May not be here. There's no other feasible location. 00:44:49
The applicant place the shed due to the odd triangular shape of a lot. 00:44:51
And the septic lines located directly beyond behind the residence. 00:44:55
This architect will limit the applicants ability to fully utilize their lot all other feasible locations. 00:44:58
Likely also require variance and #4. 00:45:05
The variance does not involve a structure that is near an industry and regulated under Indiana code. 00:45:07
8-201-10. 00:45:12
As there's no airstrip in the vicinity. 00:45:15
Regulated under that code. 00:45:17
That is all. 00:45:24
OK. Does the board have any questions for Ray? Well, you see you. 00:45:25
No, thank you, Ray. 00:45:29
OK, we've heard from staff. 00:45:32
Is the applicant or representative of the applicant? Please come forward. State your name and address for the record please. 00:45:34
I'm Teddy Hunt from 1500 Northfield Dr. Georgetown. 00:45:45
OK, Miss Hunt, is there anything else you would like to add to what staff just said? 00:45:48
He pretty much covered everything that I was going to say. 00:45:52
OK. Does the board have any questions for Miss? 00:45:55
I do not. 00:45:58
This is a portable building, basically no foundation. 00:45:59
He moved anytime, no electric. 00:46:03
We even had most sheds only have like 2 to 3 treads on the bottom for. 00:46:05
Moving it, we've added five so. 00:46:10
We have 5 totals so it can be moved at anytime if there's an issue. 00:46:13
It's going to be tied down, I take it. 00:46:17
I mean, it's it's big enough that we'll do whatever they recommend when they place it. 00:46:20
OK. 00:46:24
Any other questions? 00:46:27
Thank you, Miss Hunt. 00:46:30
OK, we've heard from the applicant. 00:46:33
Now, we'll open the floor to anyone else who's here this evening that may want to speak in favor of this request. 00:46:34
Seeing none, we'll close that section open the floor to anyone who may be in opposition to this request. 00:46:43
Please come forward and state your name and address for the record. 00:46:53
Good evening, my name is Christopher Clayton Capital. I live at 5650 W Willis Rd. 00:46:57
Georgetown, IN 47122 which is. 00:47:04
Directly behind. 00:47:07
The property that she is talking about. 00:47:09
All my wife and I asked us maybe they surveyed be presented. 00:47:13
So we know where the boundary lines lay. 00:47:17
So we know what the four foot boundary line would be from their property. 00:47:20
And their ****. 00:47:25
OK. Is there any other concerns you have besides that? 00:47:27
No, Sir. 00:47:31
Any questions for this gentleman? 00:47:33
Thank you. 00:47:36
Thank you. 00:47:37
Is there anyone else here? 00:47:40
This evening that would like to speak in opposition. 00:47:41
Seeing none, we will close that section and Miss Hunt if you'd like to come back and respond to that. 00:47:46
Comment you made. 00:47:51
There are pins in the corner of our property currently. 00:47:56
That already show the boundaries, so there's no need for a survey. They're there and they're clearly marked. 00:47:59
OK. 00:48:07
What type of pins are they? They actually a pen? Are they a yellow? 00:48:08
Are they yellow? I can tell you. Is it the corner of each end of our lot that goes back in a pie shape? There is a metal pen. 00:48:11
OK, it's clearly marked in actually. 00:48:19
If they would look at the white picket fence that outlines the corners of our yard. Currently that is the property line and there 00:48:22
there are markers right next to those. There's somebody back here I think wants to say something if you'll come forward and state 00:48:27
your name and address. 00:48:32
I kind of figured that it. 00:48:38
If you actually go back there. 00:48:41
On both sides it is in. 00:48:44
Original surveyor pins. 00:48:46
From Floyd. 00:48:48
The Gary Loftus and Jeremy Loftus had penned. 00:48:50
From the beginning. 00:48:53
And we're asking for the forefoot and we're going to actually put it. 00:48:54
4 foot 6 just to make it safe. 00:48:59
Right there is a surveyor pan from Floyd County already in there on both ends. 00:49:01
I was there when they put him in there about that long and they had a green and yellow thing on top. You're talking about OK. 00:49:06
They've been there for. 00:49:12
26 1/2 years when we moved in. 00:49:14
Thank you. 00:49:17
You know, looking at the drawing there. 00:49:19
When I asked him a question. 00:49:21
There's several lots. 00:49:23
Are you sort of the middle lot? 00:49:24
On his or he on on the edges? 00:49:26
The whole thing. 00:49:29
I was wondering if you were the middle lot, maybe that was sort of a problem so. 00:49:31
Maybe you can help them when they cite it and make sure it's correct then so. 00:49:35
OK, so we've heard. 00:49:41
From the public, the applicant. 00:49:43
Those four and those against. 00:49:45
Do we have a ballot? 00:49:48
I do have a ballot. 00:49:50
Development standard variance ballot County. 00:49:52
Board of Zoning appears dot. 00:49:55
Pills appeals, Piers. 00:49:57
FC-10-205-28. 00:50:00
Petitioners named Deborah Hunt. 00:50:05
The variance petition shall be approved if the finding of facts are made consistent with the requirements of this ordinance in 00:50:09
Indiana State Code. 00:50:13
The petition shall be approved with modifications if the board determines. 00:50:16
That the required findings of fact may be. 00:50:20
May be made in certain conditions are applied to the petition. 00:50:23
The board. 00:50:28
May make reasonable conditions related to the required findings of fact. 00:50:29
Of its approval. 00:50:33
Or accept. 00:50:34
Commitments from the petitioner. 00:50:35
After careful review, the board finds that. 00:50:37
The approval of the variance will not be injuries to the public health, safety, morals, general welfare of the community because. 00:50:41
The placement of the shed behind the house poses no threat to public. 00:50:47
The post shed will have. 00:50:51
We'll also have no effect on access to the residents for emergency services. 00:50:52
The FCHD has indicated no issue with the proposal. 00:50:57
Interference with the site septic tank. 00:51:02
And the applicants has received. 00:51:04
Consent for placement. 00:51:06
Of the shed exist. 00:51:08
In the existing reasons from the Harrison County RMC #2. 00:51:10
The use and value of the area adjacent to the property. 00:51:14
Included in the variance will not be affected in substantial adverse manner because. 00:51:17
The placement of accessory structure. 00:51:22
Are already permitted behind residents by the FCZ O. 00:51:24
The the request is not adverse. 00:51:28
To the. 00:51:31
Aesthetics or in the properties use. 00:51:32
Additionally, the applicants has indicated that. 00:51:35
They indicated the shed. 00:51:38
Will match the visual character of the home, which may increase the value of the residence. 00:51:40
#3 the. 00:51:45
Application of the terms of the zoning ordinance will. 00:51:46
Result in practical difficulties in the use of the property. Cause prohibiting placement. 00:51:49
Of assess restructure within setbacks. 00:51:54
Set back presents a difficult use of the applicants property because there is no other feasible location. 00:51:57
The applicant place the shed do the odd triangle shape of the lot. 00:52:02
The the reason the. 00:52:06
Coupled with the septic lines located directly behind the residence would limit the applicants ability to fully utilize their 00:52:09
life. 00:52:12
#4 The variance does not involve a structure that is near an airstrip regulated under code. 00:52:16
8/21/10. 00:52:23
I'll second that. 00:52:27
The. 00:52:31
I'm sorry. 00:52:32
That's all right. 00:52:34
I love your enthusiasm. The board of Donate Appeals. 00:52:36
Hereby grants the petitioner of variance on the meeting held the 10th day of November. 00:52:40
2025. 00:52:46
I put. 00:52:48
Approval by the board is subject to. 00:52:51
To the completion of the following conditions. 00:52:53
I did have written proper survey, but I'm convinced that. 00:52:56
The gentleman knows where his propulsions are. 00:53:01
The only thing I did write is proper tie downs will be. 00:53:03
Put on to the building to be sure it doesn't blow. 00:53:07
Away. That's my ballot. 00:53:10
I'll second. 00:53:13
And a second. 00:53:16
Any other questions from the board? 00:53:17
Sing What do you want to put just? 00:53:19
Verify property line to the satisfaction of staff. 00:53:21
OK, Graham. 00:53:24
All right, just added amendment to the ballot. We'll read as follows. Staff to approve property line. 00:53:41
All right. 00:53:49
Sorry, Sir, it's. 00:53:50
Too late. Once you're at this point, we can't take any more comment. 00:53:51
So we have a ballot and a second. 00:53:54
All in favor signify by saying aye aye. Any opposed like son. 00:53:57
Motion passes. 00:54:01
Thank you folks. 00:54:02
Next item on the agenda. 00:54:05
Agenda item number 3 is. 00:54:06
GB-10-205-01. 00:54:09
Another development standards variance. 00:54:12
And I think Ray is going to come and. 00:54:14
Update the board on. 00:54:16
The Staffs findings. 00:54:18
Docket number is GV-10-205-01. The petitioner. 00:54:23
Petitioners are JC and Cecilia Shishar. 00:54:28
The locations 8600 Highway 150 in Greenville, IN. 00:54:31
47124 The request is a development standards variance. 00:54:35
For fence height, that's outlined in the town of Greens Green. 00:54:39
Zoning ordinance in Section 5.10. 00:54:43
Article A item. 00:54:47
To the zoning district is residential suburban. 00:54:48
To overview the applicants are requesting a. 00:54:52
Development scenario experience to allow the continued use of a six foot fence. 00:54:54
The front guard of the residence exceeding the four foot maximum high standard permitted by the Town of Regal. 00:54:58
Greenville zoning ordinance. The subject property is 1.1 acre, lives on residential suburban that abuts Hwy. 150. Adjacent 00:55:03
properties to the northeast and South are also zoned Rs. 00:55:09
All the property directly to the West along the properties frontage is zoned neighborhood commercial and that is the Dollar 00:55:15
General there. 00:55:18
The property directly to the east. 00:55:21
8510 Highway 150 is owned by the applicants as well and has received special exception approval for retail Gun Store. 00:55:25
And that docket number of GV-03. 00:55:31
24-01. 00:55:36
So on September 9, 2025. 00:55:37
The complaint was filed with our office regarding the height of the fence located in the front yard. 00:55:40
Following an investigation by Code Enforcement Officer Albert, North Hills determined that the fence was in violation of the Town 00:55:45
of Greenville zoning ordinance. 00:55:48
A notice of violation was issued on September 10th directing the property owners to take corrective action. 00:55:52
Within 15 days of receipt of the letter. 00:55:57
In response to, the owner submitted Development Standards Variance Application on September 21st of 2025. 00:56:00
So section 5.1 / 5.10. 00:56:06
Benches and walls Article A Item 2 states. 00:56:09
They may not be greater than 4 feet in height. Front yard accepting fences used for primary agricultural uses. 00:56:12
So, the applicants indicate that the fence functions as a barrier to reduce degree and noise from Hwy. 150 and to enhance privacy 00:56:19
and security for the residents. 00:56:23
However, these purposes can still be adequately met through. 00:56:27
Compliance with the Town of Greenville zoning ordinances 4 foot. 00:56:30
Height limit. 00:56:33
Allowing this section we're creating to sustain with Gwyn. 00:56:34
Inconsistent inconsistency. 00:56:37
With the surrounding neighborhood were no comparable front yard fences exceed the established standard. The applicant has 00:56:39
indicated they're covered in their cover letter. 00:56:43
That several properties, including a retail store and a subdivision located West of the property, have fences. 00:56:47
Of similar height. 00:56:53
The Dollar General located immediately W the property. 00:56:54
As fencing the longest rear consistent with the Town of Greenville zoning ordering standards. 00:56:57
However, as a commercially zoned property, the business is permitted to have fencing. 00:57:02
Up to 8 feet in height. 00:57:06
Within his front yard, in accordance with item B of Section 5.10 of the town's zoning ordinance, which states. 00:57:08
All commercial and industrial districts, including those commercial. 00:57:15
And industrial legal non conforming uses may have a fence no greater than 8 feet. 00:57:18
And hide in the front yard. 00:57:22
These uses must. 00:57:25
Meet all other zoning standards regarding fences. 00:57:27
Additionally, the nearby Villas of Heritage Springs subdivision. 00:57:30
Features fencing along the rear slots as the homes. 00:57:33
Are oriented toward the internal solution streets. 00:57:36
As a result, the fence is visible along Hwy. 150 service rear yard fences rather than. 00:57:40
Front yard fences. 00:57:44
That fencing would be compliant with item 3 of section 5.10 of the. 00:57:46
Towns ordinance, which states. 00:57:50
May not be greater than 8 feet in height in the side yard and rear yard. 00:57:51
The fence is located at. The aforementioned developments were also grandfathered in as the subdivision and the Dollar General. 00:57:56
Were developed prior to the Town of Greenville zoning ordinance. 00:58:02
Adoption in 2022 the majority of residences along. 00:58:05
Are located along Hwy. 150. Either don't have fences or do not have fences that exceed. 00:58:09
The Town of Greenville zoning ordinance is standard of four feet. 00:58:14
So the issue cited for the justification for the fences. 00:58:18
Or not you need to the applicant aren't coming in are common amongst residences along Hwy. 150. 00:58:21
I'm now going to go into the staff comments. 00:58:26
The approval will not be injurious to the public health, safety, morals and general welfare of the community. 00:58:29
The six foot fence will not be injurious to the public health, safety and roles of the community. It poses no risk to neighboring. 00:58:35
Properties won't inhibit access to emergency service, and it doesn't interfere with septic runs. 00:58:41
#2. 00:58:46
The use and value of the area adjacent to the property included in the variance will be affected in a substantially adverse 00:58:47
manner. 00:58:51
The property values that adjacent properties may be. 00:58:54
May be affected as the uniform aesthetic standards. 00:58:57
For instance, would not be followed, the Town of Greenville zoning ordinance has likely stipulated. 00:59:00
The specific requirement is to ensure a consistent visual character along streets, as the standard applies to almost all zoning 00:59:05
districts. 00:59:08
With the exception of commercial and industrial districts. 00:59:12
Straying from the standard will create an exception to which a preference rather than a hardship. 00:59:15
It's pursued that it's not aligned with the intent of the ordinance. 00:59:19
#3. 00:59:22
The strict application of the terms of the zoning ordinance will not result in practically difficulties. 00:59:23
And the use of the property, the owners may cut the fence down by two feet and stuff fence to adequately service their property. 00:59:27
And the use of the property will not be Hanford by French that is not 6 feet. 00:59:34
The reasons for the justification of things would not be substantially hindered by offense that would meet the workings of 00:59:37
standards Additionally requesting the fence for privacy reason. 00:59:41
Reasons and as a voice buffer. 00:59:45
Our personal purposes rather than zoning hardships as several residences along Hwy. 150. 00:59:47
Don't have fences in a property located along a busy state highway such as Hwy. 150. 00:59:53
Would be subject to noise and other inconveniences #4. 00:59:57
Variance does not involve a structure that is. 01:00:01
Beer and airstrip and regulate it under Indiana code 8-201-10 as there's no restriction in the vicinity. 01:00:03
Regulated under that code. 01:00:10
In staff recommendations are as the fence hired isn't self-imposed hardship. 01:00:12
Rather than one. 01:00:16
Circumstances that are no fault of the owners and the height of the fence does not align. 01:00:18
What the standard outline in the town of Greenville zoning ordinance that prevents that the owners either. 01:00:22
Lower the fence height to the required standard. 01:00:26
Or the board denied the request for the six footprints. 01:00:28
Any questions? Any questions for Ray? 01:00:33
I got a question for Ray. I noticed that that. 01:00:36
Goes all the way from the front of the house, all the way around. 01:00:39
Now are we talking about? 01:00:42
Lower in 4 foot. 01:00:44
Along the drive, everything in front of the house and even along the side? No, just in the front, the side and the rear need the 01:00:46
the ordinance. 01:00:50
The front. The front line of the house. 01:00:53
So the front yard would be the build line of the front of the house in. 01:00:58
OK, that's what I want to know. 01:01:03
I didn't know if they included the. 01:01:05
To the left of it and just want to make sure we're on the same page. 01:01:08
Any other questions for Ray? 01:01:14
Thank you, Ray. 01:01:16
OK. We've heard from the staff. Is the applicant or representative? 01:01:19
Of the applicant here this evening to speak. 01:01:22
Come forward, state your name and address for the record, please. I'm Cecilia Cheshire. 01:01:28
Oh, at 8600 Highway 150, Greenville, IN 47124. Thank you. What's your name, Sir? JC Cheshire, 8600 Highway 150. 01:01:33
Do you have anything to add to what staff to share? Yeah, I just wanted to clarify a few things. Umm. 01:01:41
As far as like where the fence lines of what is ours? 01:01:46
I know we're talking about sides, but I just want to be clear, one of the sides is the Dollar General fits we. 01:01:49
Continued off from their fence. Obviously we won't be cutting the Dollar General fits. 01:01:54
So then if we cut it aesthetically, it's going to look kind of funny because. 01:01:59
We've got a six foot Dollar General fence that's created a buffer. 01:02:03
And then we go down to 4 feet. 01:02:07
4 feet. 01:02:08
Aesthetically, it's not going to look nice. 01:02:09
He talked about like debris and noise, but it's really about my children. 01:02:13
We can't use our backyard. 01:02:17
We can't. It can't function like a backyard because it's a driveway. 01:02:19
We use that front space for my my children to play. I have a 2 year old, A5 year old and teenagers. 01:02:23
If I cut that fence down, my children can hop over that fence. 01:02:28
I've been in my house and I see people walk across that fence line going to the Dollar General. 01:02:31
I don't want to come into my house worried if somebody's going to ****** my kids while I go make lunch. 01:02:36
While they're playing outside. 01:02:40
That's I'm passionate about that. That's my fear. 01:02:41
Genuinely. 01:02:44
I want that privacy. 01:02:45
So we can. 01:02:46
Function that space the way. 01:02:47
We can as a family, so I can. 01:02:49
Keep my kids safe. 01:02:51
It's really about safety. 01:02:52
And then I got something about the noise. I mean, even with the fence being that high, it does cut back. 01:02:56
On a lot of the noise if it were to be cut down to 4 feet. 01:03:01
The Jake brakes from semis rolling through there, it's just. 01:03:04
It's already loud, I can't imagine what it's going to be like. 01:03:08
If the fence was shorter. 01:03:10
And then also debris from the road and rocks on the side of the road. They're being thrown up into the yard, a six foot fence. 01:03:12
Would help protect us while being out in the yard because that is the area that our children play in during the summer. We're not 01:03:19
in a neighborhood, we're not in an HOA. We don't. 01:03:24
You know, it's just so. 01:03:28
It is unique. 01:03:29
This is a unique situation because we're right on a very busy highway. 01:03:31
Raising a family with small children. 01:03:34
It's just. 01:03:36
For me, it's about safety. 01:03:38
Sure, that's all. Yeah. 01:03:40
Questions. 01:03:42
For the applicant, so the PVC fence on the side that is. 01:03:43
All that is all Dollar General and we. 01:03:47
Aesthetically. 01:03:49
Wanted to go off of it to make it look nice and then if you. 01:03:51
Go beyond the Dollar General. You'll see aesthetically it continues on in front of those apartments. 01:03:54
It's all consistent. It looks nice because it's all the same height. 01:03:58
Right off of the road. 01:04:02
Other questions? 01:04:05
Thank you guys. You're welcome. 01:04:07
OK. So we've heard the staff report, heard from the applicant. Is there anyone else here this evening to speak in favor? 01:04:12
Of this. 01:04:16
Good evening. I'm Heather Peters. I'm the town attorney for the Town of Greenville. My office address is 611. 01:04:18
Watt St. in Jeffersonville, IN. 01:04:23
The town. 01:04:26
Actually voted in September and asked me to bring the complaint on behalf of the town, which I did, as I often do representing 01:04:27
clients. 01:04:30
They also asked me to be here tonight. 01:04:34
When I received notice of the public hearing. 01:04:36
So I'm here on their behalf. We actually have a public hearing at about 35 minutes on an ordinance up in Greenville. So can I ask 01:04:39
the question? Yeah, first. 01:04:43
Are you in favor or against? 01:04:47
I am actually in favor of the staff report. 01:04:49
And yes, against his his so just just for the sake but but just for the sake of. 01:04:52
Our. 01:04:58
Meeting Order 1 Sure don't go anywhere yet. I'm going to make sure there's no one else here that wanted to speak in favor of this. 01:04:59
Is there anyone else? 01:05:03
Here that would like to speak in favor. 01:05:07
We have one person. I'm sorry, Miss Peters. Give us one second, we'll get you back up. 01:05:09
My name is Dee Roney. 01:05:16
I'm also a resident here in Floyd County state. Your address please. 01:05:18
For the record, 3621 N Luther Rd. 01:05:21
OK. 01:05:23
I don't know the applicant. 01:05:25
Or you know, I'm not familiar with. 01:05:28
You know, I don't know them personally. 01:05:30
But as a. 01:05:32
Unobjective Observer. 01:05:33
I can just say. 01:05:34
This appears to be a private property that. 01:05:35
You know, they pay taxes and. 01:05:39
There's a continuation of what's already there. 01:05:41
It appears to be a common sense thing. 01:05:43
That I hope you all would just take her under advisement that. 01:05:46
You know, it seems to be a safety issue as well with young kids. 01:05:50
So I would be in favor of it. 01:05:54
OK, thanks. Thank you, Mr. Owner. 01:05:57
Is there anyone else here that would like to speak in favor before we? 01:05:59
Go to those who might be in opposition. 01:06:02
OK, Miss Peter. Sorry about that. 01:06:05
It's OK. 01:06:07
Anyways, as I was saying. 01:06:08
And I appreciate Mr. Roney's. 01:06:10
Comments, obviously. 01:06:12
The town worked really hard in partnership. 01:06:14
I think I've been their attorney since 2017 or 2018. So it took us that long till 2022 to finally and and the Dollar General 01:06:16
coming in and all these other. 01:06:20
Apartments to get a zoning ordinance? My clients position has always been that the zoning ordinances are there for a reason, 01:06:25
whether they be aesthetic. 01:06:28
Front sight safety. 01:06:32
So when they first brought this issue up to me, it was obviously in the zoning orbits and I said yes, it's technically a violation 01:06:34
and they voted to do the complaint. 01:06:38
I support. 01:06:42
As does my client the the staff. 01:06:43
Recommendation that the front be quick cut down to 4 feet. 01:06:46
Understand the concerns about the children. 01:06:49
I don't know what their their lot looks like. 01:06:52
Otherwise because I can't see. 01:06:54
It's the first thing you see. 01:06:56
Pretty much the 1st house you see other than these two at Parkland Heights which I sure wish. 01:06:59
They wish they had a front, you know, buffer. 01:07:03
For the sound also I can hear it from my home. 01:07:05
Jake Briggs and I live behind Mr. Cheshire, behind the Dollar General, so I don't know the defense. 01:07:08
Is going to alleviate those concerns. 01:07:12
But the whole point of those are site safety. 01:07:16
Umm, you know Dollar General has a side fence that goes. 01:07:19
Side not. 01:07:23
A front across the whole front. So that is the first property you almost see when you come into the town and the last one you 01:07:24
almost see when you leave the town. So aesthetically and in line with the ordinances, my client's position has always been that if 01:07:28
we. 01:07:32
Continue to hand out variances. 01:07:36
And exceptions to the ordinance. Why have the ordinance? 01:07:39
So I appreciate your time. Thank you. 01:07:42
Thank you. Any questions for Miss Peters? 01:07:43
OK. 01:07:47
Anyone else here tonight to speak in opposition? 01:07:48
Two in favor. 01:07:52
No, we we go from in favor to opposition. We're in opposition. Oh, that's right. You're right. You're right. 01:07:54
No, it's OK Anyone else here this evening speak in opposition to? 01:08:00
Request. 01:08:04
OK, moving on. 01:08:05
We've heard from the staff, the applicant. 01:08:08
Do we have a ballot? 01:08:10
I'm sorry, wait, I need to give the. 01:08:12
Applicant chance to speak one more time. 01:08:14
Yes, I got totally out of order. 01:08:16
We just want to point out we didn't just build this fence. This has been here for over 18 months. 01:08:21
We just got a violation for it in September. 01:08:25
It caught us way off guard because we didn't even know about the ordinance. And then it's like, oh, you know what? 01:08:29
She's been seeing her fits for how long? 01:08:34
And all of a sudden we're just now hearing about this. 01:08:36
And hasn't bothered anybody. It hasn't harmed anybody. 01:08:39
Talk about sightlines. This has not been an issue. 01:08:42
For anybody, this is just a personal. 01:08:45
Unique concern. 01:08:48
For our family and. 01:08:50
We're not. It's a very functionable, nice fence. 01:08:52
And I just want to point out, it's been there for over 18 months. OK, Thank you. 01:08:55
I've got a question for Ray before we. 01:08:59
Go further if I can. OK, sure, right. 01:09:01
Ray if this was a commercial zone piece of property, that fence could be. 01:09:11
How tall can they be? 8 feet in the front yard? OK so they have the option to to go in and ask for zoning, is that a possibility? 01:09:17
I mean, they could, but that would be, you know, something that. 01:09:24
They'd have to follow the process and submit that application, right? I understand, but it it's doable. So if they want to leave 01:09:28
the fence there. 01:09:31
I'm just throwing this out. 01:09:35
What? 01:09:37
Did you want something? 01:09:38
I thought you waved your hand. 01:09:39
OK, I'm just I'm just telling this what if if. 01:09:40
If they were willing to. 01:09:45
Apply for rezoning. 01:09:47
OK. Would we possibly allow them to keep the fence up until they were denied zoning of some sort? Can we do that? 01:09:50
A Knicks about ready to fall out was chair. 01:09:57
So they would not. 01:10:04
They would need to use it as a commercial resumed property or propose a commercial zone use, yes. 01:10:06
Yes. 01:10:12
They're living in their personal residence. They would not. 01:10:13
Qualify for OK. 01:10:17
Then be in violation of. 01:10:19
OK, I got you. I'm just having. 01:10:21
That's why I asked the professionals here. 01:10:23
All right. That's all hot in here, right? Thanks. 01:10:26
OK. Any other questions from the board? 01:10:29
Seeing none, do we have a ballot? 01:10:33
Docket GV-10-205-01. 01:10:34
After careful review, the board finds that one approval of the variance will not be interest to the public health, safety and 01:10:40
gender welfare of the community. 01:10:43
Because. 01:10:47
Fence will not be interest to the public health, safety and morals. 01:10:49
Of the community. It poses no risk to neighbors properties and doesn't inhibit access to emergency. 01:10:52
Services and doesn't interfere with septic glands #2. 01:10:58
The use and the value of the area adjacent to the property included. 01:11:02
And the variance will be affected in a substantial adverse manner because the property values of adjacent properties may be 01:11:05
affected. 01:11:08
As a uniformed. 01:11:12
Aesthetic standards for the fences. 01:11:13
Would not be followed. 01:11:15
The TS. 01:11:17
TGZO requirements is to ensure visual characteristic along streets. 01:11:20
As this standard applies to almost all zoning districts with the exception of commercial and industrial districts. 01:11:24
Straying from this standard would create a peculiar exception. 01:11:31
In which a preference rather than a hardship. 01:11:34
Is pursued that is not aligned with the intent of the ordinance. 01:11:38
#3 The strict application of terms of zoning ordinance will not result. 01:11:42
In practical difficulties and use the property because the owner may reduce the height of the fence by two feet and still have a 01:11:47
fence that adequately serves their property. 01:11:51
The justification given by the applicant for a 6 foot fence. 01:11:55
Would be not. 01:11:59
Would not substantially hindered. 01:12:00
By the four foot fence that meets the ordinance standards. 01:12:03
Additionally, privacy and traffic noise. 01:12:06
Our personal preferences rather than zoning hardship. 01:12:08
As a property located along a busy state highway would be subject to noise. 01:12:11
And other inconveniences. 01:12:15
#4 The variance does not involve a structure that is near an airstrip and regulated under Indiana code. 01:12:17
The Board of Zoning Appeals. 01:12:25
Hereby DENIES the petitioner variance at the meeting held on the 10th of November, 2025. 01:12:26
Approved by the Board is subject completion of the filing condition. Dollar General Fences. 01:12:32
Not to be removed. 01:12:37
That completes my ballot. 01:12:38
OK, we have a ballot. Do we have a second? 01:12:40
I'll second. 01:12:43
We have a ballot in a second. Any other questions? 01:12:44
The comments. 01:12:48
Seeing none, all those in favor signify by saying aye aye. Any opposed like sign. 01:12:50
OK, we have the motion passes. 01:12:55
With one vote in opposition. 01:12:58
Thank you folks. 01:13:03
And our next item on the agenda this evening is? 01:13:06
FC-10-25 Dash. 01:13:10
30. 01:13:12
So the owner of the property is Robert and Carol Sprigler. The location is. 01:13:20
5159 Scottsdale Rd. Floyds Knobs IN. 01:13:24
47119. 01:13:28
The zoning district is rural residential. 01:13:30
Going to go into the overview. 01:13:33
So on June 4th, 2024. Ability Commissioner. 01:13:35
Kelly Lang issued a notice of violation to the owners of the property. 01:13:39
Robert and Carol Sprigler for operating a furniture. 01:13:42
Related product manufacturing business without levels on improv. 01:13:46
The property had been used for business for 12 years and no zoning approval, and at the time of the notice was being operated out 01:13:50
of an existing garage. 01:13:53
The letter informed the owners of the property, if required, for a depaction within 15 days. 01:13:57
On June 6th, 2024, James Bergler submitted an application. 01:14:02
For a special exception to continue operation on the family owned cabinet business. 01:14:06
At his father's residence in a new building. 01:14:10
On August 12, 2024. 01:14:12
Busier approve the question following conditions. 01:14:15
One permanent bathroom facility. 01:14:17
As required for employees and requires health department approval. 01:14:19
To any out. 01:14:23
Any outside storage materials must be fully screened by fence for a wall. 01:14:25
Three drive and parking spaces must be paid. 01:14:29
Four, no signage permitted. 01:14:32
5 screen workshop from adjoining residential properties following Floyd County zoning ordinance. 01:14:34
Section 5.09. 01:14:39
A buffer yard Standards. 01:14:41
Six hours of operation, limited through Monday through Friday, 8:00 AM to 6:00 PM. 01:14:43
Seven serious consideration shall be given to moving the new building. 01:14:48
To the southeast corner. 01:14:52
And behind the septic system. 01:14:54
It built. 01:14:56
In the northeast and garage doors to face. 01:15:00
Away from Dogwood Rd. 01:15:02
8 this special exceptions limited to the applicant only 9 limited 4 employees. 01:15:04
And 10 no exhaust. 01:15:09
Dogwood Rd. 01:15:12
In March of 2025, staff. 01:15:13
Started receiving concerns from. 01:15:15
Of neighbors questioning whether Mr. Sprigler. 01:15:17
Closing compliance with the approved conditions for the use. 01:15:20
Director and Chief Operations Officer Nick previously informed the interested parties that staff typically conduct A1 year follow 01:15:23
up. 01:15:26
On approved sites to verify compliance. 01:15:30
But their conditions and site plans? 01:15:32
On September 24th, 2025. 01:15:34
Code Enforcement Officer Albert North. 01:15:37
Conducted an investigation to verify the conditions of the approval had been met. 01:15:39
And Mr. N's report? He found that Mister Sprigler was indeed operating the business out of the garage. 01:15:44
And noted other violations of the conditions of approval, such as? 01:15:49
Or permanent bathroom facility. 01:15:53
And various equipment and materials on site. 01:15:55
Mr. N states in his investigative report that Mister Sprigler had changed his mind about building a new building on the property 01:15:58
and had decided to move the business to Leavenworth. 01:16:02
On September 30. 01:16:07
2025. 01:16:09
Staff issued a notice of violation to Mr. Sperler for non compliance. 01:16:10
Of several conditions. 01:16:14
Of a special exception group. 01:16:15
Staff Recommendations. 01:16:17
Recommendation to revoke this special exception? 01:16:19
As Mr. Springer is not in compliance. 01:16:21
With the conditions of approval for the use and has indicated his intent to relocate the business. 01:16:24
Staff recommends revoking the special exception to stop continued operation of the business on site. 01:16:29
That is all. 01:16:36
Any questions for Ray? 01:16:38
OK. Thank you. 01:16:41
You refer from staff is the. 01:16:43
I guess in this case not the applicant. 01:16:47
Is a representative Mr. Sprigler or Mrs. Sprigler here? 01:16:50
Please come forward and state your name and address for the record. 01:16:54
My name is James Sprigler, address is 5002 Lakeview Drive. 01:17:00
All right, Mr. Sprigler, anything you have to add to what the staff just shared? 01:17:05
Yes. 01:17:09
As following as the compliance. 01:17:11
Miss and Nick Creevy came out. 01:17:15
Gave us a few. 01:17:18
Compliance. 01:17:20
It was approximately a month after. 01:17:22
The review that we had. 01:17:24
The special exemption. 01:17:26
And we got rid of a couple things and there was number. 01:17:27
Other complaints or. 01:17:32
Or any other violations? 01:17:35
At that time. 01:17:37
I believe in the. 01:17:39
New violations which? 01:17:41
Nothing's really changed on the property. 01:17:43
And Nick told me that. 01:17:46
I used to have a porta potty on there. 01:17:50
For for a bathroom and he said to we we're using the. 01:17:53
The house. 01:17:58
For the. 01:18:00
Bathroom. 01:18:01
So I took it that that's efficient enough for have. 01:18:02
Having. 01:18:05
On the on the location of the property. 01:18:07
For employees or. 01:18:10
For the owners as well. 01:18:14
As far as it goes and with the. 01:18:16
The the property of. 01:18:18
Putting a building on there. 01:18:21
I was restricted some some times on there. 01:18:25
As a small business. 01:18:28
Of operating from 8. 01:18:30
To 6:00 Monday through Friday. 01:18:32
It didn't allow. 01:18:35
The time. 01:18:37
To to properly. 01:18:38
Operate a business. 01:18:40
For small business? 01:18:42
So I chose to. 01:18:44
Try to move somewhere else. 01:18:46
Which? 01:18:49
I'm in the process of that. 01:18:50
So I'm trying to relocate but. 01:18:52
The process takes time. 01:18:55
And so I guess I'm looking for a little extra time to try to proceed. 01:18:57
And to move forward with. 01:19:01
My business. 01:19:03
How much better? 01:19:06
How much time do you need? 01:19:08
Approximately a year. 01:19:10
But I'm I'm not in any any other violations like. 01:19:15
As of now, the property. 01:19:19
Of where I'm located is fully screened. 01:19:21
On the backside. 01:19:24
So I don't know I. 01:19:28
I think it said something in there about that being screened and it is fully screened on the backside of the the shop now. 01:19:29
Any any other questions for Mr. Springer while he's here? 01:19:41
Ray, would you agree that there are no other violations? 01:19:48
Come on up. 01:19:54
Hang on there, Mr. Sprigler, we're going to. 01:19:56
Hear from Rain for just a second. 01:19:58
So when Al conducted his investigative report, he stated that there was not a bathroom. 01:20:00
Facility, which is. 01:20:06
A violation and he also stated that various equipment and materials were on site so. 01:20:08
There may still be. 01:20:15
And this was, you know. 01:20:16
Sent out. 01:20:18
In September, so at the time of this writing of the staff report. 01:20:20
These were in violation so. 01:20:24
They may not be, but. 01:20:26
This is just based on how it's written in this investigative report, so I can't. 01:20:29
100% guarantee that it is or is not. 01:20:33
OK, Nick's walking up, so I assume Nick has some commentary. 01:20:37
I do. 01:20:40
So he was approved. 01:20:41
For the use. 01:20:44
Of the property. 01:20:46
Based on the conditions. 01:20:47
He is not meeting those conditions. 01:20:50
These states he cannot be, does not intend to meet those can. 01:20:52
Conditions. That's the violation. He's still using the property. 01:20:56
He has not met those conditions. Each individual condition doesn't. 01:21:00
I mean, they matter, but. 01:21:04
The the purpose is he's, he's operating where he should not be. 01:21:05
Based on your old special exception. 01:21:10
If I remember when he going to build a new building. 01:21:14
Yes. So it was supposed to be a new building away from the property land with proper exhaust and all that stuff, and he wants to 01:21:17
continue to operate in the existing building. 01:21:21
And not correct. 01:21:26
The exhaust or none of that so. 01:21:27
Patient work. I'll do it. 01:21:30
Did it work on Facebook? Dogwood Airplanes. 01:21:33
Hey client, I do have screening on the backside of the shop just like it is. 01:21:35
Like you said. 01:21:39
I believe that is all. 01:21:41
Ordinance it's. 01:21:43
So the board approved. 01:21:45
A new structure. 01:21:47
To be. 01:21:50
Appropriate and conditional on the approval. 01:21:51
So I think that's the issue I mean. 01:21:54
I'm looking, I'm looking at the staff report 10 things. 01:21:58
And what I'm hearing is. 01:22:02
We haven't complied and you're not going to comply with. 01:22:06
All of them in total. 01:22:09
And I think. 01:22:11
Based on what I'm reading here. 01:22:12
If you're not planning to build the building. 01:22:15
Nor do the other. 01:22:18
Items here in total as approved, then we have a decision to make as a board. 01:22:19
I don't think we can pick and choose. 01:22:25
You know, one or two here and there. 01:22:27
So that is the. 01:22:33
What we're requesting is our. 01:22:34
It's up for consideration is revoking the special exception. Then his property would be in violation if he is working out of that. 01:22:37
That will be up to you on if you want to give him time to move out. He's had a year to. 01:22:45
To do this already more than a year, right? 01:22:50
So that's a second issue. The first issue is whether you want to. 01:22:52
So could he file for an additional special exception for? 01:22:58
The new condition of current conditions. 01:23:02
That would eliminate a building. Well, I think it was approved with those conditions. 01:23:05
He could request a modification. 01:23:10
That would be possible to do that. It would be up to the boards discretion whether he could operate while he's under. 01:23:13
Program application. 01:23:21
Well, I guess my question is, is it years? A long time so. 01:23:23
I mean, that's when you said, when you said a year, you just kind of turned me off. So I'll just take it right there. I mean, if 01:23:26
you said. 01:23:30
90 days. 01:23:34
Maybe listen, but a year is a long time to. 01:23:35
To to be in violation. 01:23:38
In fact, that's just my $0.02. 01:23:41
I don't think I've been in violation for I had Mr. Creepy came out. 01:23:42
And looked at everything and said. 01:23:45
This was a violation and the. 01:23:49
He took he took my porta potty away. 01:23:51
And said I had to use the. 01:23:54
The the house for for the restroom. 01:23:55
I said OK. 01:23:59
And so I'm I'm. 01:24:00
I'm following the directions of. 01:24:02
Of Floyd County What he, what he. 01:24:04
Wanted us to do. 01:24:07
And I mean, I've gone through. 01:24:10
You know, I've had IDM come out. 01:24:13
And you know. 01:24:16
I've followed all their directions. 01:24:20
And and and everything in there. I'm not. 01:24:23
Really violating. 01:24:26
I don't everything's screen. 01:24:28
I think that I think that I have to follow. I think it's all got to follow. 01:24:31
The proper setbacks. 01:24:35
On everything. 01:24:37
But I think the violation is if you didn't if you didn't follow the. 01:24:38
Each of the conditions that were set when this was approved. 01:24:42
Then that is a violation. 01:24:45
And and continue to operate. 01:24:48
Without having met those. 01:24:51
Creates a separate violation. 01:24:53
And so. 01:24:55
The end of the art boards decision is to determine number one, are we going to revoke? 01:24:57
The approval that we gave. 01:25:02
Based on what we've heard here tonight from staff and from you, Mr. Sprigler. 01:25:04
And then second to that, we have to determine. 01:25:08
Are we willing to grant any extension of time to continue operating? 01:25:11
While Mr. Sprigler figures out where he would like to move this business, so I see that. 01:25:15
I see that as the only two issues before us. 01:25:20
Disagree with you. OK, so, so with that, I would open it to the board. 01:25:25
Unless you have anything else to add that we haven't heard, Mr. Spriggler, no. 01:25:30
Well, I wonder. 01:25:33
I was looking over the minutes. 01:25:36
And I remember the meeting. 01:25:37
And at that time it says the. 01:25:39
Building permit is on hold with you all. 01:25:42
And we were looking at this as a new building was coming in. 01:25:45
Not to go existing. 01:25:49
How come the building hasn't gone forward? 01:25:51
Operation Hours. 01:25:54
Is why the building hasn't been built, That's correct. 01:25:57
I don't know why to invest. 01:26:00
So much money into something. 01:26:02
That I can only operate from. 01:26:04
8:00 to 6:00, Monday through Friday. 01:26:06
Right. I feel like that's a tough. 01:26:08
I can understand that. 01:26:11
Single guy like that, I mean, but it took me a while to figure that out. 01:26:13
I mean, it's, you know. 01:26:17
It's understandable business, I mean. 01:26:19
I think. I think the alternative though, Mr. Spriggler is. 01:26:21
I think all of us as business people can relate to that. 01:26:24
I wouldn't dispute that point at all, however. 01:26:27
The issue is if you don't like those business hours, then you can't continue to operate in a residential area. 01:26:31
Which is. 01:26:36
Why this came up in the 1st place and so I think. 01:26:37
The the burden really falls to you to decide. 01:26:41
Do you want to? 01:26:44
Move your business somewhere else or stop doing it where you are, I mean. 01:26:46
Our decision is going to be whatever it is, but it's really boiling down to that. 01:26:50
And correct and and I did find some property which. 01:26:54
I have to go through the state as well. 01:26:58
And so I have to and I just purchased it probably about a month and a half ago. 01:27:01
I've been trying to, you know. 01:27:05
I got to go through a lot of lot of. 01:27:07
Hoops and stuff and go through all that so. 01:27:10
It takes time to. 01:27:12
To do that and it took me a long time to to find that. 01:27:14
Any other questions for Mr. Springer while he's here? 01:27:18
Thank you, Mr. Springer. Thank you. 01:27:29
OK, Board members. 01:27:33
We've heard from Mr. Strugler, we've heard from staff and we've had, I think, a pretty reasonable discussion. 01:27:37
Do we need another ballot? 01:27:43
Is that what I'm here? 01:27:44
I don't have one. 01:27:45
Do we have? 01:27:46
I got Catholic book. 01:27:48
We have a coffee. 01:27:50
So accident. 01:27:52
All right, you gonna follow up? So we're gonna work on the ballot here, just basically 1/2 and 1/2 and five and turn the air down 01:27:53
as you're going. 01:27:58
Folks, those of you here, I'm so sorry we don't. We have no idea who controls the thermostat. 01:28:05
But they clearly got carried away this evening. 01:28:11
Basically, we'll use 123. 01:28:14
Usually it's freezing in here. 01:28:18
125 Mr. Ruth, do you know anybody that has access to the thermostat? 01:28:21
Evidence. 01:28:44
From Stanford. 01:28:45
Right. 01:29:04
Discount She's dribbling. 01:29:20
I shot in Denham but you can't remember how many. 01:29:33
That's Microsoft. 01:30:03
Years ago? Is that why you did it? 01:30:06
Docket FC10-205-30. Petitioner James Sprigler. 01:31:00
Board of Zoning Appeals will act in accordance with the requirements set forth in Indiana Code 36-7-4. 01:31:05
In section 15. 01:31:12
14 of the Floyd County zoning had. 01:31:13
Ordinance. 01:31:16
Number one, the evidence. 01:31:17
Represented does show evidence of violation of the conditions. 01:31:18
Of the special exception approval. 01:31:22
#2 Evidence reviewed. 01:31:25
From the staff report. 01:31:27
And the applicants intent to not. 01:31:29
Comply with the initial application not to build a building. 01:31:31
#3 the Board of Zoning. 01:31:35
Hereby revokes. 01:31:37
The special exception at the meeting held on the 10th of November 2025. 01:31:38
After it may continue. 01:31:42
For 90 days and then cease the operation. 01:31:44
That completes my ballot. 01:31:48
The applicant may continue for 90 days, then cease this operation. 01:31:50
That completes my ballot. 01:31:57
OK, we have a ballot. Do we have a second? 01:31:59
I'm wondering with winter coming on, if we ought to give them a little additional time. 01:32:02
Even though he's been up right in the year, I do understand that. 01:32:07
He he's been operating that way for a long time. You can rent places. You're not going to build something in 120 days or. 01:32:10
So you're going to have to find an existing place. 01:32:17
So. 01:32:20
I'll go on ahead and 2nd. 01:32:21
OK, we have a ballot and a second. 01:32:24
Any other questions or concerns? 01:32:25
All those in favor signify by saying aye aye. Any opposed like sign. 01:32:28
OK, we. 01:32:33
We have voted to approve the ballot as presented. 01:32:35
And looking at the agenda for this evening, I don't see any other items to come before this board. So I would entertain a motion 01:32:38
to adjourn. 01:32:42
So second. 01:32:47
Motion and 2nd All those in favor signify by saying aye aye and. 01:32:49
We are officially adjourned. 01:32:53