Floyd County BZA
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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
| 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 |