Shelby County Board of Zoning Appeals
Meeting Minutes
May 1, 2012
Members Present:
Kevin Carson
Richard Whelen
Doug Warnecke
Ann Sipes
Rachael Ackley
Members Absent:
Staff Present:
Sam Booth
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.
Approval of Minutes:
Ann Sipes moved to approve the minutes from the April 10, 2012 BZA meeting, and
Dick Whelen seconded that motion. The minutes were approved 5-0.
Old Business:
None
New Business:
BZA 2012-05 Scott Variance of Development Standards
Sam Booth read the petition into the record and indicated to the Board that he had
received proof of publication in the newspaper as well as the adjoining property owners.
Booth gave an overview of the request. He stated that the petitioner was requesting
approval of a Variance of Development Standards to allow a structure to be built over a
property line and to allow over a 70% of lot coverage for a property zoned VM.
John Scott and Shane Scott presented the case to the Board. They stated that the
statements made were correct.
The Board opened the meeting for public comment. No one spoke in favor of or against
the request.
After questions and discussion from the Board, Doug Warnecke made a motion to vote
on the petition and Ann Sipes seconded that motion. The Board voted 5-0 in favor of the
motion and it was approved.
BZA 2012-07 Lawson Special Exception Variance
Sam Booth read the petition into the record and indicated to the Board that he had
received proof of publication in the newspaper as well as the adjoining property owners.
Booth gave an overview of the request. He stated that the petitioner was requesting
approval of a Special Exception Variance to allow a single-family detached dwelling on a
property zoned A1, Agricultural Conservation.
Jeff Powell presented he case to the Board. He stated that the statements made by Booth
were correct.
The Board opened the meeting for public comment. No one spoke in favor or opposed to
the request.
After questions and discussion from the Board, Ann Sipes made a motion to vote on the
petition with the discussed stipulations and Dick Whelen seconded that motion. The
Board voted 3-2 in favor of the motion and it was approved.
BZA 2012-06 Perkins Use Variance
Sam Booth read the petition into the record and indicated to the Board that he had
received proof of publication in the newspaper as well as the adjoining property owners.
Booth gave an overview of the request. He stated that the petitioner was requesting
approval of a Use Variance to allow a specialty engine repair shop to operate in an
accessory structure for the property located at 209 S Jefferson St Fairland, IN.
Peter DePrez presented he case to the Board. He stated that the statements made by Booth
were correct. He stated that he had spoken to a neighbor of his petitioner and came up
with several stipulations to offer the Board for the request.
The Board opened the meeting for public comment. Robert Quack spoke in favor of the
request, Jeb Coy spoke in favor of the request, John Coy spoke in favor of the request,
William Coy spoke in favor of the request, and Doug Wilburke spoke in favor of the
request. Finally, Jason Karmire spoke to the Board as a representative of some neighbors
who were in favor of the stipulations proposed to the board.
After questions and discussion from the Board, Doug Warnecke made a motion to vote
on the petition with the discussed stipulations and Ann Sipes seconded that motion. The
Board voted 5-0 in favor of the motion and it was approved.
Discussion:
Mike Franklin, zoning dispute with neighbor in Fairland.
Sam Booth gave the Board some background info on his meetings with Mr. Franklin and
the situation in Fairland.
Mr. Franklin elaborated on those comments made by Booth.
The board advised that this was not a formal hearing and they could have any formal
discussions on the issue, but rather that their job was to advise whether or not this was an
issue to be brought before the Board at a public meeting.
The Board determined that this was a civil matter for Mr. Franklin and his neighbor to
dispute in court and they would not hear the case at this time.
Adjournment:
With no further business to come before the Board, Doug Warnecke moved to adjourn,
and Rachel Ackley seconded the motion. The meeting was adjourned.
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President
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Secretary
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