Shelby County Board of Zoning Appeals Meeting Minutes Tuesday September 4, 2007

Shelby County Board of Zoning Appeals

Meeting Minutes

Tuesday September 4, 2007

Members Present:

Carolyn Blackford

Kevin Carson

Ann Sipes

Doug Warnecke

Richard Whelen

Members Absent:

None
Staff Present:

Amy Dillon

Mark McNeely’s representative

Call to Order and Roll Call:

Kevin Carson called the meeting to order at 7:30 pm in Room 208 A at the Court House Annex.

Approval of Minutes:

­­­Ann Sipes moved to approve the minutes of the August 7, 2007 meeting, and Doug Warnecke seconded the motion. The motion was approved 5-0. The minutes were signed.

Public Hearings:

Kevin Carson began the public hearing portion of the meeting by explaining the proceedings for the petitions.

Old Business

None

New Business

BZA 2007-20 Kevin Croucher Special Exception Variance c/o Kevin Croucher of 9915 South 200 East, Flat Rock, IN. The subject property is owned by Kevin Croucher and James Hawley. The current zoning of the property is A, and the current use of the property is residential. The address of the subject site is 9915 South 200 East, Flat Rock, IN. The petitioner is seeking approval of a special exception to operate a paintball gaming recreational facility on property that is located at 9915 South 200 East. (Washington Township, Section 21)

Amy Dillon read the petition into the record and indicated that she had proof of publication of the legal notice in the Shelbyville News and proof of notification to interested parties. She indicated to the Board that it had been brought to the attention of the Plan Commission staff that a paint ball facility had been established at the subject property. Upon investigation of the site, it was discovered that the operation described in the petition had been established on the subject property. The Plan Commission office contacted the petitioner, and he immediately took the necessary steps to complete and file the necessary paperwork for a special exception. She also indicated that facilities such as this are classified as private recreational facilities and such facilities are listed as special exception uses in the zoning ordinance.

Kevin Croucher presented his case to the Board. He indicated that he was not aware of the requirement to obtain a special exception until he was contacted, but he reiterated that he had promptly taken action to file for the special exception. He explained that he opened a paintball store in Shelbyville and that he decided to develop his paintball field so that his patrons and those in the County who enjoyed playing paintball could have a local establishment to go to. He explained that there are many people who are interested in the sport but that there is not a local establishment to play. He said that he has insured the facility properly, that there have not been any neighborhood complaints, that his facility is usually only open on weekends, and that he has a strict set of rules and guidelines that he requires all patrons to follow. He presented the Board with several letters of support for the petition. He concluded by requesting that the Board approve his request.
Five people spoke in favor of the petition. The first to speak in support was Debra Elliott. She feels that this is a good activity for children to be involved in. The closest paintball location for he and her family to drive to is in Mooresville. The facility is a good community facility. The facility also has strict rules and it is family-oriented. She also noted that this is the one sport that her son is good at and that he makes friends by participating.
Mason Elliott spoke in favor of the petition. He agrees with his mother Debra’s comments. He really has fun at this facility.
Larry McCalip spoke in favor of the petition. This is a wonderful family-oriented facility. He is in full support of this facility. It is a very safe and professional environment.
Carl Storhy spoke in favor of the petition. He is the closest neighbor, and he does not feel affected by the noise or traffic.
Vincent Pointer spoke in favor of the petition. He is in support of the facility as well. Kevin’s work and products are top notch. Kevin is man of good character.
No one spoke in opposition of the petition.
After questions and discussion from the Board of Zoning Appeals, Doug Warnecke made a motion to vote on the petition with the following stipulations:

1. 
   Hours of operation shall be limited to daylight hours.
   
2. 
   No more than 100 patrons may attend the facility at one time.
   
3. 
   The fencing and netting on the site shall be maintained and in a state of good repair.
   

Carolyn Blackford seconded the motion. The motion was approved by a vote of 5-0. Amy Dillon presented the Findings of Fact to the Board for their review, and they affirmed that these were the basis for their decision.
BZA 2007-21 Harold Brune Development Standards Variance c/o Harold Brune of 1066 West 600 North, Fountaintown, IN. The current zoning of the property is A. The current use of the property is residential and farmland. The subject site is located at 10663 N. 100 W., Fountaintown, IN. The petitioner seeks approval of a development standards variance to reduce the minimum lot size requirement and to reduce the side yard setback requirement in order to subdivide an existing home from an overall 54.38-acre parcel located at 10663 North 100 West, Fountaintown, IN. (Van Buren Township, Section 12)
Amy Dillon read the petition into the record and indicated that she had proof of publication of the legal notice in the Shelbyville News and proof of notification to interested parties. She indicated to the Board that Mr. Brune owned the overall acreage, but he rented out the home on the subject property. He has indicated in his petition that he would like to subdivide the home off from the farm acreage so that he can sell the home and keep the farmland. He does not, however, want to sell any of the farm-related outbuildings with the home.
Harold Brune presented his petition to the Board. He noted that he has rented the subject home on the property for many years. He indicated that he does not want to deal with renters anymore, so he has decided to subdivide the home site and its yard from the overall farm tract. He indicated that he does not want to sell the outbuildings or any tillable farm acreage. He wants to maintain control of as much of the farm acreage as possible. He said that the layout of the existing home site does not warrant the need for the lot to contain a total of one acre. He noted that the septic system is contained on the proposed home site. He also provided the Board with examples of problems that he has had with past tenants of the home.
No one spoke in favor of the petition.
Gary Evans spoke against this petition. There are drainage concerns in the area. He is also concerned about future development on the farm acreage impacting his home. He wants to know if approval of this makes all other applications for development in this area fair game for approval.
After questions and discussion from the Board of Zoning Appeals, Doug Warnecke made a motion to vote on the petition. Ann Sipes seconded the motion. The motion was approved by a vote of 5-0. Amy Dillon presented the Findings of Fact to the Board for their review, and they affirmed that these were the basis for their decision.


BZA 2007-22 Edgar Lyle Whitaker Use Variance c/o Edgar Lyle Whitaker of 4731 East Stop 11 Road, Indianapolis, IN 46237. The current zoning of the property is A. The existing use of the property is single-family residential. The address of the subject site is 6587 West 525 South. The petitioner seeks approval of a use variance to allow temporary living quarters to be constructed in a detached garage and then for the living quarters to be used as a guest house when the primary single-family home is constructed on the property located at 6587 West 525 South. (Hendricks Township, Section 31)
Amy Dillon read the petition into the record and indicated that she had proof of publication of the legal notice in the Shelbyville News and proof of notification to interested parties. She indicated to the Board that the petitioners recently constructed the subject detached garage on the property. The newly constructed garage is where they desire to have the requested temporary living quarters and eventual guesthouse. She noted that they bought the subject property with the intent of demolishing the existing single-family home on the property and building a new home, and this is their long-term plan for the property.
Edgar Lyle Whitaker presented his petition to the Board. He indicated that he and his wife put their existing home up for sale, but it has not sold yet. He indicated that when his existing home sells, he will begin demolition of the existing single-family home that lies on the subject property. Once the demolition is complete, they will then begin construction of their new home. He said that the existing home is not fit for occupancy, and because they want to build a new home, they decided that it would not be worth the money to fix up the existing home to use for a very brief period of time. He said that he would like to be able to utilize the temporary dwelling unit now so that if it gets late when he is working at the subject property, he can just spend the night there. He said that he will proceed with demolition and construction of his new primary residence once his current home sells.
Kevin Carson disclosed conflict of interest.
No one spoke in favor or in opposition to the petition.
After questions and discussion from the Board of Zoning Appeals, Doug Warnecke made a motion to vote on the petition with stipulation:

1. 
   The construction of the home must be completed within three years from the approval of this application.
   
2. 
   If the single-family home is not completed within this three-year timeframe, then the petitioner shall re-apply for an extension of the approved use variance.
   

Richard Whelen seconded the motion. The motion approved by a vote of 5-0. Amy Dillon presented the Findings of Fact to the Board for their review, and they affirmed that these were the basis for their decision.
BZA 2001-23 Karen Kuhn Use Variance c/o Gregg and Karen Kuhn of 4515 East Michigan Road, Shelbyville, IN. The current zoning on the property is A. The current use of the property is business and residential. The address of the subject site is 4515 East Michigan Road, Shelbyville, IN. The petitioner seeks approval of a use variance to operate a floral shop from a detached structure on the same property as her single-family home located at 4515 East Michigan Road, Shelbyville, IN. (Liberty Township, Section 13)
Amy Dillon read the petition into the record and indicated that she had proof of publication of the legal notice in the Shelbyville News and proof of notification to interested parties. She indicated to the Board that the subject property currently consists of a single-family home and tree nursery. She also added that the nursery business had obtained a use variance from the Shelby County Board of Zoning Appeals several years ago. She indicated that the petitioner recently constructed a new detached structure on the site and that she desires to operate her floral shop from this detached structure.
Karen Kuhn presented her petition to the Board. She indicated that she recently moved her floral shop from its long-standing location in Shelbyville out to her home because of her shop’s increasing rent prices. She believed that since her shop is primarily a delivery business that her home site could adequately handle the business operation. She said that she had been working out of her home, but when her husband decided to construct a new pole building on the site for his business, she thought that it would be a good building to house her business. They constructed the building and she moved her business into the detached structure. She explained that she thought that she could do this without any further approvals or permits since a related business was already permitted on the property. When she found that she needed a variance, she applied.
No one spoke in favor or in opposition of the petition.
After questions and discussion from the Board of Zoning Appeals, Doug Warnecke made a motion to vote on the petition with stipulation:

1. The hours of operation of the business shall be 8:00 am to 8:00 pm.

Carolyn Blackford seconded the motion. The motion approved by a vote of 5-0. Amy Dillon presented the Findings of Fact to the Board for their review, and they affirmed that these were the basis for their decision.
Discussion/Miscellaneous Business:

Craig Bridgers Zoning Violation

Amy Dillon presented the Board with an update on the Craig Bridgers/Olde Geneva Dairy case. She informed the Board that the County Council has indicated that they will approve an additional appropriation for her department to hire outside legal representation. She indicated that she has hired Cameron Morgan and Brady Rife from McNeely, Stephenson, Thopy and Harrold to represent her department. A court date has been set for September 13, 2007. She indicated that she hopes to get compliance and a final resolution to the case after the court hearing.

County Ordinance Update

Dillon noted that the review of Draft A is quickly coming to its conclusion. She noted that the Steering Committee has upcoming meetings on September 6, 2007 and September 20, 2007 at 6:00 p.m. at the Extension Office.

Adjournment:

With no further business to come before the Board, Doug Warnecke moved to adjourn, and Ann Sipes seconded the motion. The meeting was adjourned.

­­­­­­­President Date



Secretary Date