January 11, 2011

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Shelby County Board of Zoning Appeals
Meeting Minutes
January 11, 2011
Members Present:
Rachael Ackley
Kevin Carson
Ann Sipes
Doug Warnecke
Richard Whelen
Members Absent:
None
Staff Present:
Amy Dillon
Mark McNeely
Call to Order and Roll Call:
Kevin Carson called the meeting to order at 7:00 pm in Room 208 A at the Court House
Annex.
Election of Officers
Kevin Carson opened the floor for nomination of officers for the Shelby County Board of
Zoning Appeals.
President: Ann Sipes nominated Kevin Carson for President of the BZA. Doug
Warnecke seconded the motion. Doug Warnecke moved to close the nominations for
President. Rachael Ackley seconded the close for President nominations. The motion
was approved 5-0.
Vice President: Kevin Carson nominated Ann Sipes for Vice President of the BZA.
Rachael Ackley seconded the motion. Doug Warnecke moved to close the nominations
for Vice President. Richard Whelen seconded the close the nominations for Vice
President. The motion was approved 5-0.
Secretary: Ann Sipes nominated Doug Warnecke for Secretary of the BZA. Rachael
Ackley seconded the motion. Ann Sipes made a motion to close the nominations for
Secretary. Richard Whelen seconded the close of nominations for Secretary. The motion
was approved 5-0.
2011 Officers:
President: Kevin Carson
Vice President: Ann Sipes
Secretary: Doug Warnecke
Approval of Minutes:
Doug Warnecke moved to approve the minutes of the December 7, 2010 meeting, and
Ann Sipes 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:
BZA10-16…Allen and Raquel Hartwig Development Standards Variance: The
applicants are Allen and Raquel Hartwig of 11524 North Shelby 800 West, New
Palestine, IN. The owners of the property are Carol Sue Settles and Sandra Hill of P.O.
Box 102, Fairland, IN. The project engineer is Jeff Powell of Powell Land Surveying of
4634 North 575 East, Shelbyville, IN. The address of the subject property is 7712 North
400 West. The name of the subdivision is Hartwig Simple Subdivision. The existing use
of the property is agricultural. The petitioners request approval of a development
standards variance to reduce the minimum residential lot road frontage requirement from
160 feet to 25 feet.
Amy Dillon read the petition into the record and indicated that she had proof of
publication in the Shelbyville News and proof of notification to the adjoining property
owners. Dillon stated that the petitioners request approval of a development standards
variance to reduce the minimum residential lot road frontage requirement from 160 feet
to 25 feet. She noted that the matter had been continued from the December 2010 Board
of Zoning Appeals meeting due to a tie vote on the original motion. She explained that
the petitioners had appeared before the Plan Commission to request approval to rezone
the subject acreage. The rezone request was approved; however, the Plan Commission
did stipulate that the petitioners must apply for and receive approval of the requested
development standards variance or the rezone would be null and void. The petitioners
propose to create a flag-shaped lot with only 25 feet of road frontage. The actual
building site would be located approximately 1300 feet from the County Road 400 West
right-of-way.
Jeff Powell presented the case to the Board. He stated that the statements made by Dillon
were correct. He explained that the petitioners propose to build one single-family home
on the subject property, which is owned by Raquel’s mother. He explained that the
proposed home would be the only home accessed via the proposed driveway.
Allen Hartwig presented his case to the Board, and he stated that the petitioners would
like to be close to family. He added that they want to build at the proposed location so
that they can have privacy.
Raquel Hartwig addressed the Board. She indicated that she had built a home on the
portion of the parent tract several years ago and that she wished that she would have built
that home further off the road.
Carol Settles spoke on behalf of the petitioners, and she stated that she wanted her family
to be close to her. She indicated that she intends to continue having the remaining
property farmed and that she wants to provide her daughter with an opportunity to build a
new home.
The Board opened up the meeting for public comment, and Tony Titus spoke on behalf of
the petitioners. He stated that he currently farms the property, and he believes this farm
is for the family and not for development. He noted that the petitioners consulted with
him to help site the building lot and that the family’s attachment to the property is
genuine.
After questions and discussion from the Board, Doug Warnecke made a motion to vote
on the petition with the following stipulations:
a) Should the platting of the subdivision not commence within two years, then the
property shall revert to its original conservation agricultural (A1) zoning
designation.
b) The proposed two-acre lot shall not be further divided in the future.
Ann Sipes seconded the motion. The petition was approved 3-2, with Kevin Carson and
Ann Sipes casting the descending votes.
Mark McNeely presented the Findings of Fact. They affirmed these were the basis for
their decision. The Findings of Fact were approved 3-2.
New Business:
BZA10-17…Allen and Raquel Hartwig Use Variance: The applicants are Allen and
Raquel Hartwig of 11524 North Shelby 800 West, New Palestine, IN. The owners of the
property are Carol Sue Settles and Sandra Hill of P.O. Box 102, Fairland, IN. The
project engineer is Jeff Powell of Powell Land Surveying of 4634 North 575 East,
Shelbyville, IN. The address of the subject property is 7712 North 400 West. The name
of the proposed subdivision is Hartwig Simple Subdivision. The existing use of the
property is agricultural. The petitioners request approval of a use variance to construct an
accessory structure prior to the construction of the primary residence and to be able to
utilize a portion of the proposed pole building as a residence during the construction of
their single-family home on a property that is zoned RE.
Amy Dillon read the petition into the record and indicated to the Board that she had
received proof of publication in the newspaper and to the adjoining property owners.
Dillon gave a brief overview of the request. She stated that the petitioners request
approval of a use variance to construct an accessory structure prior to the construction of
the primary residence and to be able to utilize a portion of the proposed pole building as a
residence during the construction of their single-family home on a property that is zoned
RE. She indicated that the Unified Development does not permit this request so the
petitioners are requesting approval of a use variance to do it.
Allen Hartwig presented his case to the Board. He stated that he would like to utilize the
structure while his new home is under construction. He indicated that he has more than
one prospective purchaser for his existing home, so he will need someplace to live until
the new home is completed.
The Board opened up the meeting for public comment. No one spoke in favor or in
opposition of the petition.
After questions and discussion from the Board, Doug Warnecke made a motion to
continue the petition with the following stipulations:
a) Use of the residential quarters in the pole building must discontinue within six
months after completion of the primary single-family home. The kitchen of the
temporary dwelling unit must be removed within six months of the Certificate of
Occupancy for the new home being issued.
b) Construction on the permanent home must be completed within eighteen months
of this approval.
c) All proper permits, including a septic permit, must be obtained.
d) If the single-family home is not completed in the eighteen-month timeframe, then
the petitioners must re-file a use variance application for an extension of this
approval.
Rachael Ackley seconded the motion. The petition was approved 5-0
Mark McNeely presented the Findings of Fact. They affirmed these were the basis for
their decision. The Findings of Fact were approved 5-0.
BZA11-01…Mike Bowman Development Standards Variance: The applicant is Mike
Bowman of 7653 North PR 435 West, Fairland. The project engineer is Jeff Powell of
Powell Land Surveying of 4634 North 575 East, Shelbyville, IN. The address of the
subject property is 7712 North 400 West. The address of the subject property is 6542
West 300 North, Boggstown. The current zoning of the property is RE, Residential
Estate. The existing use of the property is undeveloped farmland and woods. The
petitioner seeks approval of a development standards variance to reduce the minimum
residential lot road frontage requirement from 160 feet to 25 feet in order to create a new
residential building lot.
Amy Dillon read the petition into the record and indicated to the Board that she had
received proof of publication in the newspaper and to the adjoining property owners. She
stated that the petitioner is seeking approval of a development standards variance to
reduce the minimum residential lot road frontage requirement from 160 feet to 25 feet in
order to create a new residential building lot at 6542 West 300 North. She explained that
the petitioner had appeared before the Plan Commission to request approval to rezone the
subject acreage. The rezone request was approved; however, the Plan Commission did
stipulate that the petitioner must apply for and receive approval of the requested
development standards variance or the rezone would be null and void. The petitioner
proposes to create a flag-shaped lot with only 25 feet of road frontage. The actual
building site would be located approximately 3,000 feet from the County Road 400 West
right-of-way. She noted that the petitioner had a lot line adjustment completed after the
rezone request to create the lot. She indicated that the 25 feet wide strip to access the
building portion of the property ran parallel to an existing fencerow. She noted that the
subject building site was not well-suited as tillable acreage.
Mike Bowman presented his case to the Board. He stated that the statements made by
Dillon were correct. He explained that he desires to construct one single-family home on
the subject acreage.
The Board opened up the meeting for public comment. No one spoke in favor or
opposition of the petition.
After questions and discussion from the Board, Ann Sipes made a motion to vote on the
petition with the following stipulation:
a) The proposed 16.145-acre lot shall not be further subdivided in the future.
Doug Warnecke seconded the motion. The petition was approved 5-0.
Mark McNeely presented the Findings of Fact. They affirmed these were the basis for
their decision. The Findings of Fact were approved 5-0.
BZA11-02…Jeff and Susan Standeford Use Variance: The applicants and owners are
Jeff and Susan Standeford of 7268 W. State Road 44, Shelbyville. The address of the
subject property is 7452 West State Road 44, Shelbyville. The current zoning of the
property is C2. The existing use of the property is Midway Power, Inc. (retail business).
The petitioner seeks approval of a use variance to allow gun sales from his commercial
property zoned C2.
Amy Dillon read the petition into the record and indicated to the Board that she had
received proof of publication in the newspaper and to the adjoining property owners.
She stated that the petitioners are requesting approval of a use variance to allow guns
sales from property zoned C2. She noted that the petitioner currently operates a power
equipment business from the subject location. She noted that he is in the process of
altering the site because of the State Road 44 improvements, and he has requested
approval to sell guns from his power equipment store. She noted that the UDO does not
allow gun sales as a permitted use in any zoning district other than HI. Because the
petitioner already operates a business from this location, however, he has applied for the
requested use variance to sell guns from the property.
Jeff Standeford presented his case to the Board. He stated that the statements made by
Dillon were correct. He added that he does not want to change his zoning because the
primary use of the property is for the retail sale of power equipment. He said that the
proposed gun sale business is a secondary use for the property.
The Board opened up the meeting for public comment. No one spoke in favor or
opposition of the petition.
After questions and discussion from the Board, Doug Warnecke made a motion to vote
on the petition with the following stipulations:
a) Should the ATF not issue a permit for the proposed business, the use variance
shall be rendered null and void.
b) The guns sales business shall operate under the same hours as the existing power
equipment business.
c) The proposed business shall not generate offensive noise, vibration, smoke, odors,
dust, heat, glare, or electrical disturbances.
d) No additional signage for the gun sales business may be incorporated onto the
existing signage on the site. The size and placement of the existing signage shall
not be altered, however.
e) No on-site public shooting range shall be permitted.
Richard Whelen seconded the motion. The motion was approved 5-0.
Mark McNeely presented the Findings of Fact. They affirmed these were the basis for
their decision. The Findings of Fact were approved 5-0.
Discussion:
Amy Dillon presented the Board of Zoning Appeals with the 2011 meeting schedule.
Richard Whelen made a motion to approve the schedule. Doug Warnecke seconded the
motion. The meeting schedule was approved 5-0.
Dillon also presented the Board with the annual Plan Commission and BZA annual
reports.
Adjournment:
With no further business to come before the Board, Doug Warnecke moved to adjourn,
and Rachael Ackley seconded the motion. The meeting was adjourned.
___________________________________
President
Date
___________________________________
Secretary
Date
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