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Event transcript
We want to add time though. I'm voting. 00:00:00
OK, so which one are we approving then? 00:00:01
The the first one that March 26th of the April 13th I was going to do the regular meeting, but. 00:00:04
Yeah, I guess we we do have start with the 26th. Let's do that. 00:00:09
So we'll we'll go with the 26 first, so. 00:00:13
I wasn't here. OK, I will make a motion to approve the the amendments for the March 26 special BZA hearing. 00:00:16
Thank you. We have a motion by Mr. Unruh. Do we have a second? 00:00:23
I'll second it. 00:00:27
Second by Mr. Bieber Hauser. 00:00:28
All those in favor signify by saying aye aye. Any opposed like sign. I'm going to abstain for voting because I was not here at the 00:00:29
meeting. 00:00:33
OK. 00:00:36
Thank you, Mr. Hart. Camper, I'd stand as well as not present. 00:00:37
OK, so the three of us voted in favor. 00:00:40
Which is enough to pass those minutes. 00:00:43
So. 00:00:45
Next, we need to vote on the minutes of our April. 00:00:47
Meeting. 00:00:51
And do we have a motion for them? I'll make the motion. 00:00:52
Now we have a motion for Mr. High Camper. Do we have a second? 00:00:54
2nd. 00:00:57
And a second. 00:00:58
And. 00:00:59
Anyone have any comments or? 00:01:01
Edits Your corrections to that. Were you going to say something, Mr. Unruh? No. 00:01:04
OK, so I have a motion and a second. 00:01:07
So all those in favor signify by saying aye aye any opposed like sign. 00:01:09
All right. Thank you. 00:01:15
And by the way, let let the record show Mr. Lawrence. 00:01:16
Seconded. 00:01:19
Thank you. 00:01:21
I forgot we're trying to do that. So for those you, they're here as guests tonight. We have some new staff that. 00:01:22
May not recognize voices when they listen back, so we're trying to make sure they know who's making motions. 00:01:28
OK, so, um. 00:01:34
Moving on, we do not have any old business. 00:01:35
Umm, to address this evening. 00:01:38
On our agenda this evening, we only have two items. 00:01:41
And I believe. 00:01:45
Frank, do you want to talk about Item 1? 00:01:47
Yeah. 00:01:49
So agenda item one which is Docket FC 04/26/21. 00:01:54
Petitioner Dennis Lopez, Junior, location 2001 Spring Creek Drive. 00:02:00
Which was for a development standards variance to permit an accessory structure in front of a primary structure. 00:02:05
The petitioner has asked to that for that to be withdrawn and has submitted a letter. 00:02:10
Which they requested to be read as part of their withdrawal. 00:02:15
Dennis and I wish to withdraw our request for permit approval on the proposed garage we submitted for 2001 Spring Creek Drive. 00:02:20
We would like the committee to know that when we purchased our forever home we were told there was a previous non existent HOA and 00:02:26
it is not in effect. 00:02:30
We would not have purchased this home knowing we had such restrictions from 40 years ago. 00:02:34
We thought we were going through the proper channels by having our land surveyed, utilities mapped out, permits obtained, plans 00:02:38
drawn up and etcetera. 00:02:41
Our deed had no conveyance attached and we were completely taken off guard. With all the said, since this seems to be what our 00:02:45
community wants, we want to be good neighbors and withdraw our request at this time. Thanks Lopez. 00:02:51
Because there's enough room here. OK, so. 00:02:57
That item has officially been withdrawn. 00:03:00
And Christie, unless I'm wrong, we do not have to take any action on that dude. That's correct. They've chose to withdraw that. 00:03:03
OK. So moving on with the agenda item number 2 is development standard variance and I think Frank is going to come and. 00:03:08
Give the staff report on that request. 00:03:16
Andrew, can you pull up this one? 00:03:23
So this is Docket FC-42623, petitioner Timothy Meyer. 00:03:27
Location 5855 Porter Ridge Rd. Georgetown, IN 47122. 00:03:31
Request for a development standards variance encroach into side yard set back. 00:03:37
Zoning district is rural residential. 00:03:40
Sorry. 00:03:44
I think. 00:03:53
Petitioner is requesting a development standards variance from Section 4.14 to allow an accessory structure to encroach into the 00:04:06
required 10 foot side yard setback by 10 feet. 00:04:10
The existing primary structure is currently non conforming and is encroaching the full 10 feet into the side yard set back. 00:04:15
The proposed accessory structure is a carport that would sit in front of the garage, but behind the front most portion of the 00:04:21
facade of the primary structure. 00:04:24
The adjacent property currently has a non conforming accessory structure with little to no set back along the same property line. 00:04:27
Similar encroachments on the side yard setback occur in several places along Gordon Ridge Rd. as many of these structures were 00:04:33
built around 1940s or 1950s. 00:04:37
As verified by the summary of improvements data provided within Beacon by the Assessor's Office. 00:04:41
For staff comments. 00:04:46
The approval will not be injurious to the public health, safety, morals and general welfare of the community. 00:04:47
There is no concern arising from fire safety or access at this site from the diminished set back. 00:04:52
#2 The use and value of the area adjacent to the property included in this variance will. 00:04:57
Not be affected in a substantially adverse manner. 00:05:02
Because the surrounding homes along the street have a similar character with various non conforming structures that are built 00:05:05
within the side yard setbacks. 00:05:09
The proposed structure is in line with the current primary structure and does not increase the degree of nonconformity for the 00:05:12
site. 00:05:15
#3 The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property 00:05:19
because. 00:05:21
The primary structure was built along the existing property line. To place a carport in a more conforming location would require 00:05:25
an additional curb cut driveway along Cordon Ridge Rd. which is not recommended. 00:05:29
Before, the variance does not involve a structure that is near an airship and regulated under Indiana code. 00:05:35
8/21/10. 00:05:39
As there is not an airstrip in the vicinity. 00:05:40
For staff recommendations, given that there is no concern for fire rating requirements or access being restricted. 00:05:43
That a reduced side yard set back is in character with the surrounding homes on Gordon Ridge Rd. 00:05:47
And that the neighbor whose property line is being encroached on has written a letter of support. 00:05:51
Staff has no recommended conditions. 00:05:55
And then I'd like to. 00:05:57
Flip through. 00:05:59
This is the site in question. 00:06:00
This is a site plan that was submitted. 00:06:03
Here's a picture of the property. 00:06:06
From Porter Ridge Rd. 00:06:08
Yeah, this is some other properties in that area. 00:06:09
That's all I have. 00:06:17
OK. Is there any questions? 00:06:18
For frank and staff report. 00:06:19
Thank you. 00:06:22
OK. Is the applicant or representative of the applicant here? Please come forward, Sir, if you would state your name and address 00:06:23
for the record. 00:06:26
Thank you, Mr. White, Tim Meyer. 00:06:30
5855 Cordon Ridge Rd. Georgetown, IN. 00:06:32
Or 7122. 00:06:35
Thank you, Mr. Meyer, for being here. Anything you'd like to add that staff hasn't already shared with us this evening? I don't. 00:06:37
Think I need to add anything. It sounded good to me. I would like to say the staff has been wonderful to work with. 00:06:43
Answering questions. Very accessible, very helpful, so. 00:06:51
Kudos to to your department. Thank you. That's always great to hear. Any of the board members have a question, any questions? 00:06:54
Mr. Meyer. 00:07:00
OK. Thank you, Sir. Thank you. We may call you back if if necessary. Yes, Sir. 00:07:01
OK, so we've heard from the staff, we've heard from the applicant. Is there anyone else here this evening who would like to come 00:07:07
forward and speak in favor of this request? 00:07:11
Seeing none, we'll close that section. Is there anyone here that would like to come forward and speak in opposition? 00:07:17
To this request. 00:07:22
OK, seeing none. 00:07:24
We will move forward. 00:07:26
Mr. Mr. Meyer, don't believe we need to call you back because. 00:07:28
No one. 00:07:31
No one's coming for either of those. Do we have a ballot this evening? 00:07:32
I got a ballot. 00:07:35
OK, we have a ballot. 00:07:36
Docket FC 0426. 00:07:37
Dash 23. 00:07:40
After careful review, the board finds the approval of the variance will not be injurious to the public health. 00:07:42
Safety. Morals. 00:07:47
And general welfare of the community because there's. 00:07:49
Concern arising from fire safety or access at the site from the diminished set back. 00:07:52
The use and value of the area adjacent to the property, including the variance will not. 00:07:59
Be affected. 00:08:05
In a substantially adverse manner because the surrounding homes along the street. 00:08:06
All have a similar character with various non conforming structures that are built within the side yard setbacks. 00:08:11
The proposed structures in line with the current primary structure. 00:08:17
And does not increase the degree of nonconformity for the site. 00:08:21
#3 The strict application of the terms of the zoning ordinance will result in practical difficulties. 00:08:26
In the use of the property because the primary structure was built along the existing property line. 00:08:32
And to place a carport in a more conforming location. 00:08:38
Would require an additional curb cut driveway along Carden Ridge Rd. 00:08:42
Which is not recommended. 00:08:47
The variance does not involve a structure that is near an airstrip and regulated under Indiana. 00:08:49
Code 8-21-10. 00:08:55
The Board of Zoning Appeals hereby grants the petitioners variance. The meeting held on. 00:08:58
The 11th day of May. 00:09:04
I'm 26. 00:09:06
OK. And no conditions. 00:09:07
Thank you. So we have a ballot. Do we have a second? 00:09:09
I'll second it. 00:09:12
OK, we've about any any further questions or comments? 00:09:14
See none, all those in favor signify by saying aye aye. Any opposed like sign. 00:09:17
The request is approved. 00:09:23
Thank you for being here this evening. 00:09:25
The agenda does not show anything else. Any other items come before board this evening. 00:09:28
Unless there is something that I'm not aware of. 00:09:32
I would entertain a motion to adjourn. 00:09:35
I'll I'll make a motion to adjourn. 00:09:37
We have a motion by Mr. Unruh to adjourn. 00:09:39
And a second by Mr. Lawrence. All those in favor signify by saying aye. 00:09:42
Aye, all those opposed. 00:09:46
Like science, we are. 00:09:48
Adjourned. 00:09:50
Thank you folks for being here. 00:09:51
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Transcript

Event transcript
We want to add time though. I'm voting. 00:00:00
OK, so which one are we approving then? 00:00:01
The the first one that March 26th of the April 13th I was going to do the regular meeting, but. 00:00:04
Yeah, I guess we we do have start with the 26th. Let's do that. 00:00:09
So we'll we'll go with the 26 first, so. 00:00:13
I wasn't here. OK, I will make a motion to approve the the amendments for the March 26 special BZA hearing. 00:00:16
Thank you. We have a motion by Mr. Unruh. Do we have a second? 00:00:23
I'll second it. 00:00:27
Second by Mr. Bieber Hauser. 00:00:28
All those in favor signify by saying aye aye. Any opposed like sign. I'm going to abstain for voting because I was not here at the 00:00:29
meeting. 00:00:33
OK. 00:00:36
Thank you, Mr. Hart. Camper, I'd stand as well as not present. 00:00:37
OK, so the three of us voted in favor. 00:00:40
Which is enough to pass those minutes. 00:00:43
So. 00:00:45
Next, we need to vote on the minutes of our April. 00:00:47
Meeting. 00:00:51
And do we have a motion for them? I'll make the motion. 00:00:52
Now we have a motion for Mr. High Camper. Do we have a second? 00:00:54
2nd. 00:00:57
And a second. 00:00:58
And. 00:00:59
Anyone have any comments or? 00:01:01
Edits Your corrections to that. Were you going to say something, Mr. Unruh? No. 00:01:04
OK, so I have a motion and a second. 00:01:07
So all those in favor signify by saying aye aye any opposed like sign. 00:01:09
All right. Thank you. 00:01:15
And by the way, let let the record show Mr. Lawrence. 00:01:16
Seconded. 00:01:19
Thank you. 00:01:21
I forgot we're trying to do that. So for those you, they're here as guests tonight. We have some new staff that. 00:01:22
May not recognize voices when they listen back, so we're trying to make sure they know who's making motions. 00:01:28
OK, so, um. 00:01:34
Moving on, we do not have any old business. 00:01:35
Umm, to address this evening. 00:01:38
On our agenda this evening, we only have two items. 00:01:41
And I believe. 00:01:45
Frank, do you want to talk about Item 1? 00:01:47
Yeah. 00:01:49
So agenda item one which is Docket FC 04/26/21. 00:01:54
Petitioner Dennis Lopez, Junior, location 2001 Spring Creek Drive. 00:02:00
Which was for a development standards variance to permit an accessory structure in front of a primary structure. 00:02:05
The petitioner has asked to that for that to be withdrawn and has submitted a letter. 00:02:10
Which they requested to be read as part of their withdrawal. 00:02:15
Dennis and I wish to withdraw our request for permit approval on the proposed garage we submitted for 2001 Spring Creek Drive. 00:02:20
We would like the committee to know that when we purchased our forever home we were told there was a previous non existent HOA and 00:02:26
it is not in effect. 00:02:30
We would not have purchased this home knowing we had such restrictions from 40 years ago. 00:02:34
We thought we were going through the proper channels by having our land surveyed, utilities mapped out, permits obtained, plans 00:02:38
drawn up and etcetera. 00:02:41
Our deed had no conveyance attached and we were completely taken off guard. With all the said, since this seems to be what our 00:02:45
community wants, we want to be good neighbors and withdraw our request at this time. Thanks Lopez. 00:02:51
Because there's enough room here. OK, so. 00:02:57
That item has officially been withdrawn. 00:03:00
And Christie, unless I'm wrong, we do not have to take any action on that dude. That's correct. They've chose to withdraw that. 00:03:03
OK. So moving on with the agenda item number 2 is development standard variance and I think Frank is going to come and. 00:03:08
Give the staff report on that request. 00:03:16
Andrew, can you pull up this one? 00:03:23
So this is Docket FC-42623, petitioner Timothy Meyer. 00:03:27
Location 5855 Porter Ridge Rd. Georgetown, IN 47122. 00:03:31
Request for a development standards variance encroach into side yard set back. 00:03:37
Zoning district is rural residential. 00:03:40
Sorry. 00:03:44
I think. 00:03:53
Petitioner is requesting a development standards variance from Section 4.14 to allow an accessory structure to encroach into the 00:04:06
required 10 foot side yard setback by 10 feet. 00:04:10
The existing primary structure is currently non conforming and is encroaching the full 10 feet into the side yard set back. 00:04:15
The proposed accessory structure is a carport that would sit in front of the garage, but behind the front most portion of the 00:04:21
facade of the primary structure. 00:04:24
The adjacent property currently has a non conforming accessory structure with little to no set back along the same property line. 00:04:27
Similar encroachments on the side yard setback occur in several places along Gordon Ridge Rd. as many of these structures were 00:04:33
built around 1940s or 1950s. 00:04:37
As verified by the summary of improvements data provided within Beacon by the Assessor's Office. 00:04:41
For staff comments. 00:04:46
The approval will not be injurious to the public health, safety, morals and general welfare of the community. 00:04:47
There is no concern arising from fire safety or access at this site from the diminished set back. 00:04:52
#2 The use and value of the area adjacent to the property included in this variance will. 00:04:57
Not be affected in a substantially adverse manner. 00:05:02
Because the surrounding homes along the street have a similar character with various non conforming structures that are built 00:05:05
within the side yard setbacks. 00:05:09
The proposed structure is in line with the current primary structure and does not increase the degree of nonconformity for the 00:05:12
site. 00:05:15
#3 The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property 00:05:19
because. 00:05:21
The primary structure was built along the existing property line. To place a carport in a more conforming location would require 00:05:25
an additional curb cut driveway along Cordon Ridge Rd. which is not recommended. 00:05:29
Before, the variance does not involve a structure that is near an airship and regulated under Indiana code. 00:05:35
8/21/10. 00:05:39
As there is not an airstrip in the vicinity. 00:05:40
For staff recommendations, given that there is no concern for fire rating requirements or access being restricted. 00:05:43
That a reduced side yard set back is in character with the surrounding homes on Gordon Ridge Rd. 00:05:47
And that the neighbor whose property line is being encroached on has written a letter of support. 00:05:51
Staff has no recommended conditions. 00:05:55
And then I'd like to. 00:05:57
Flip through. 00:05:59
This is the site in question. 00:06:00
This is a site plan that was submitted. 00:06:03
Here's a picture of the property. 00:06:06
From Porter Ridge Rd. 00:06:08
Yeah, this is some other properties in that area. 00:06:09
That's all I have. 00:06:17
OK. Is there any questions? 00:06:18
For frank and staff report. 00:06:19
Thank you. 00:06:22
OK. Is the applicant or representative of the applicant here? Please come forward, Sir, if you would state your name and address 00:06:23
for the record. 00:06:26
Thank you, Mr. White, Tim Meyer. 00:06:30
5855 Cordon Ridge Rd. Georgetown, IN. 00:06:32
Or 7122. 00:06:35
Thank you, Mr. Meyer, for being here. Anything you'd like to add that staff hasn't already shared with us this evening? I don't. 00:06:37
Think I need to add anything. It sounded good to me. I would like to say the staff has been wonderful to work with. 00:06:43
Answering questions. Very accessible, very helpful, so. 00:06:51
Kudos to to your department. Thank you. That's always great to hear. Any of the board members have a question, any questions? 00:06:54
Mr. Meyer. 00:07:00
OK. Thank you, Sir. Thank you. We may call you back if if necessary. Yes, Sir. 00:07:01
OK, so we've heard from the staff, we've heard from the applicant. Is there anyone else here this evening who would like to come 00:07:07
forward and speak in favor of this request? 00:07:11
Seeing none, we'll close that section. Is there anyone here that would like to come forward and speak in opposition? 00:07:17
To this request. 00:07:22
OK, seeing none. 00:07:24
We will move forward. 00:07:26
Mr. Mr. Meyer, don't believe we need to call you back because. 00:07:28
No one. 00:07:31
No one's coming for either of those. Do we have a ballot this evening? 00:07:32
I got a ballot. 00:07:35
OK, we have a ballot. 00:07:36
Docket FC 0426. 00:07:37
Dash 23. 00:07:40
After careful review, the board finds the approval of the variance will not be injurious to the public health. 00:07:42
Safety. Morals. 00:07:47
And general welfare of the community because there's. 00:07:49
Concern arising from fire safety or access at the site from the diminished set back. 00:07:52
The use and value of the area adjacent to the property, including the variance will not. 00:07:59
Be affected. 00:08:05
In a substantially adverse manner because the surrounding homes along the street. 00:08:06
All have a similar character with various non conforming structures that are built within the side yard setbacks. 00:08:11
The proposed structures in line with the current primary structure. 00:08:17
And does not increase the degree of nonconformity for the site. 00:08:21
#3 The strict application of the terms of the zoning ordinance will result in practical difficulties. 00:08:26
In the use of the property because the primary structure was built along the existing property line. 00:08:32
And to place a carport in a more conforming location. 00:08:38
Would require an additional curb cut driveway along Carden Ridge Rd. 00:08:42
Which is not recommended. 00:08:47
The variance does not involve a structure that is near an airstrip and regulated under Indiana. 00:08:49
Code 8-21-10. 00:08:55
The Board of Zoning Appeals hereby grants the petitioners variance. The meeting held on. 00:08:58
The 11th day of May. 00:09:04
I'm 26. 00:09:06
OK. And no conditions. 00:09:07
Thank you. So we have a ballot. Do we have a second? 00:09:09
I'll second it. 00:09:12
OK, we've about any any further questions or comments? 00:09:14
See none, all those in favor signify by saying aye aye. Any opposed like sign. 00:09:17
The request is approved. 00:09:23
Thank you for being here this evening. 00:09:25
The agenda does not show anything else. Any other items come before board this evening. 00:09:28
Unless there is something that I'm not aware of. 00:09:32
I would entertain a motion to adjourn. 00:09:35
I'll I'll make a motion to adjourn. 00:09:37
We have a motion by Mr. Unruh to adjourn. 00:09:39
And a second by Mr. Lawrence. All those in favor signify by saying aye. 00:09:42
Aye, all those opposed. 00:09:46
Like science, we are. 00:09:48
Adjourned. 00:09:50
Thank you folks for being here. 00:09:51