Shelby County Board of Zoning Appeals

Meeting Minutes

January 3, 2006

Members Present:

Carolyn Blackford

Kevin Carson

Randy Miller

Ann Sipes

Richard Whelen

Staff Present:

Amy Butcher

Mark McNeely

Call to Order and Roll Call:

Vice President Kevin Carson called the meeting to order at 7:30 p.m. in room 208A at the Court House Annex.

Oath of Office

Mark McNeely administered the Oath of Office to Carolyn Blackford who was re-appointed by the Shelby County Commissioners to a new four-year term.

Election of Officers
Ann Sipes nominated Randy Miller for President, which was seconded by Richard Whelen.
Ann Sipes moved to close nominations, which was seconded by Richard Whelen. Randy Miller was elected President by a vote of 4-0.
Ann Sipes nominated Kevin Carson for Vice President, which was seconded by Carolyn Blackford. Ann Sipes moved to close nominations, which was seconded by Richard Whelen. Kevin Carson was elected Vice President by a vote of 4-0.
Richard Whelen nominated Carolyn Blackford for Secretary, which was seconded by Ann Sipes. Richard Whelen moved to close nominations, which was seconded by Ann Sipes. Carolyn Blackford was elected Secretary by a vote of 4-0.

Approval of Minutes

Richard Whelen moved to approve the minutes of the December 6, 2005 meeting, and Carolyn Blackford seconded the motion. The motion was approved unanimously. The minutes were signed.

Public Hearings

Vice President Kevin Carson began the public hearing portion of the meeting by explaining the proceedings for the petitions. He asked if any petitioners would like to continue their cases because there was not a five-member Board present at the beginning of the proceedings.

Attorney Gregg Graham representing L&W Outdoor Advertising requested that the petition for a use variance for an advertising sign be continued to the February 7, 2006 meeting. Ann Sipes made a motion to continue the hearing for L&W Outdoor Advertising to the February 7, 2006 Board meeting, and Carolyn Blackford seconded the motion. The motion was approved unanimously (4-0).

BZA 2006-02: Triton Community Lions Club Off-site Sign Variance: c/o John Linville, 8513 West Sycamore Road Fairland, Indiana. A petition requesting approval of a variance to place an off-site advertising sign on property located at 5985 North Frontage Road. The current use of the overall subject property is single-family residential, and the property is zoned A. The subject property is located at 5985 North Frontage Road Fairland, Indiana (Brandywine Township, Section 4).

Amy Butcher read the petition into the record. She had proof of publication of the legal notice in the Shelbyville News and proof of notification to interested parties. She indicated that the Triton Community Lions Club meets at Triton Central High School. She noted that desire to place a sign along Frontage Road to provide direction members and guests regarding their meeting location. She noted that an illustration of the proposed sign was included with the petition.

John Linville presented the petition and his case to the Board. He indicated that the Triton Community Lions Club meets in the Triton Central High School library on the first and third Mondays of each month. He indicated that the organization is requesting approval to erect a pole sign at the southwest corner of 600 North and Frontage Road. He highlighted that the sign would be utilized to provide additional exposure to the neighborhood of the activities and meetings conducted by the organization. He indicated that the organization had obtained consent and approval of the property owners, Thomas and Cynthia Cox, to place the sign on the subject property. He highlighted the design of the sign stating that it would be aluminum with a protective coating and that it is guaranteed for at least five years. He noted that the sign would be setback an adequate distance from the intersection to ensure that it would not impact visibility. He noted that the sign would not adversely affect adjoining property values. He also noted that the sign would not provide any economic gain or restrict the use of any individuals.

No one in the audience spoke in favor or in opposition of the petition.

After questions and discussion from the Board of Zoning Appeals, Ann Sipes made a motion to vote on the petition. Carolyn Blackford seconded the motion. The motion was approved unanimously (4-0). Mark McNeely presented the Findings of Fact to the Board for their review, and they affirmed that these were the basis for their decision.

BZA 2006-03: Chris King Development Standards Variance: c/o Chris King, 6765 North 325 West Fairland, Indiana. A petition requesting approval of a development standards variance to reduce the rear yard setback requirement from 60 feet to 10 feet for the construction of a new single-family home. The current use of the overall subject property is agricultural and woodland, and the property is zoned A. The subject property is located at 3559 West 700 North Fairland, Indiana (Moral Township, Section 34).

Amy Butcher read the petition into the record. She had proof of publication of the legal notice in the Shelbyville News and proof of notification to interested parties. She noted that the subject property consists of just over 5 acres and that the petitioner desires to construct the new home in the wooded area on the overall tract to avoid utilizing tillable acreage for a home. She also noted that the subject tract borders the floodplain. In order to avoid building in a floodplain and on tillable acreage he is requesting a variance to reduce the rear yard setback requirement.

Chris King presented the petition and his case to the Board of Zoning Appeals. He indicated that he and his fiancé plan to build a new home on the subject property. He highlighted the findings of fact included with the petition. He noted that the setback reduction would pose no potential danger to the community at-large. He highlighted that the adjacent property that lies to the south of his property’s rear yard lies within the 100-year flood hazard zone. He noted that the area to the rear of his proposed home is also wooded. He stated that because of these factors, it is unlikely that the future use of the land to the south will change. He indicated that the submitted site plan highlights the proposed location of the home. He stated that because of the proposed proximity to the existing cropland, property line, and the 100-year flood zone, the rear yard should be reduced.

Patrick and Joan Fiddler spoke in favor of the petition. They indicated that they would be King’s closest neighbors and that they do not have any problems with the proposal. Amy Butcher read a letter from David and Mary Ann Sullivan into the record indicating their support for the proposal.

No one in the audience spoke in opposition of the petition.

After question and discussion from the Board of Zoning Appeals, Ann Sipes made a motion to vote on the petition, and Carolyn Blackford seconded the motion. The motion was approved unanimously (4-0). Mark McNeely presented the Findings of Fact to the Board for their review, and they affirmed that these were the basis for their decision.

BZA 2006-04: Matt and Tammy Burgess Use Variance: c/o Matt and Tammy Burgess, 5886 West 1050 North Fountaintown, Indiana. A petition requesting approval of a use variance to allow the operation of a transport business to be located on the same property as the single-family residence. The current use of the property is single-family residential, and the property is zoned A. The subject property is located at 5886 West 1050 North Fountaintown, Indiana (Moral Township, Section 8).

Amy Butcher read the petition into the record. She indicated that she had received proof of notification to interested parties, but she had not received proof of publication of the legal notice in the Shelbyville News. She noted that the Board of Zoning Appeals had requested that the petitioners apply to the Board for the subject use variance after a neighbor filed a formal complaint with the Board. Because the legal notice was not published in the newspaper, she indicated that the petition could not be heard. She suggested that the Board table the petition until the February 7, 2006 Board meeting.

Ann Sipes made a motion to table the petition until the February 7, 2006 Board of Zoning Appeals meeting with the stipulation that the petitioners re-notify the adjoining property owners and publish the required legal notice in the newspaper. Richard Whelen seconded the motion. The motion was approved by a vote of 3 to 1 with Kevin Carson casting the dissenting vote.

(After the conclusion of the new business public hearings, all three representatives of the old business cases requested that their petitions be continued until the next Board meeting so that all five Board members may be present. Kevin Carson suggested that the Board take a short recess. After the short recess, Randy Miller joined the Board; therefore, the three items of old business could be heard as intended).

BZA 2005-20: Blue River Stables Use Variance: c/o Tony Girdler, 6564 North Michigan Road Fairland, Indiana and Jerry Lux, 101 South Harrison Street Shelbyville, Indiana. A petition requesting approval of a use variance to allow three watchman quarters to be placed on the property; to allow 12 jockey dormitories to be constructed and used on the property; and to allow a 14 feet tall, 24 square feet sign to be placed on the property. The current use of the overall property is agricultural (equine services) and residential, and the property is zoned A. The subject property is located 6564 North Michigan Road Fairland, Indiana (Brandywine Township, Section 33).

Attorney Jerry Lux initially requested that the subject case be continued because all five members of the Board (prior to the recess) were not present. He also cited that the because the State Board of Health had not provided his client with the requested information that he would like to continue the matter until such time as the appropriate information is obtained from the State. He noted that the State had requested additional information from his clients’ engineer. When the entire Board was present, Lux again requested a continuance to obtain the septic system information from the State Board of Health to provide to the Board of Zoning Appeals.

During the course of the hearing, Amy Butcher indicated that the petition had been read into the record at the October 4, 2005 Board of Zoning Appeals meeting. She had proof of publication of the legal notice in the Shelbyville News and proof of notification to interested parties. She read the letter from the State Board of Health into the record that indicated that the Board of Health needed additional information from the petitioner and that the original proposal for the septic field appeared to be inadequate. Butcher noted for the Board that because of the holidays, it had been difficult for the petitioner’s engineer to coordinate a meeting with the State Board of Health. She also noted that during the December 6, 2006 meeting that the Board approved the motion to continue the hearing to the January 3, 2006 meeting with the stipulation that if the petitioner could not continue the hearing at the stated meeting, then the petitioner would be required to re-file the petition.

With this information and after questions and discussion, Ann Sipes made a motion to continue the petition to the February 7, 2006 meeting. Carolyn Blackford seconded the motion. The motion was defeated unanimously.

Because the motion to allow for a continuance was defeated, Jerry Lux withdrew the Blue River Stables petition.

BZA 2005-22: Flat Rock LLC Special Exception: c/o Gregg Graham, 33 West Washington Street Shelbyville, Indiana. A petition requesting approval of a special exception to operate a campground and private recreational facility on 18.228-acres. The overall property was formerly used as a year round campground (it had been used for such purposes for several decades), and the property is zoned A. The subject property is located at 1503 East Vandalia Road Flat Rock, Indiana (Washington Township, Section 16).

Amy Butcher indicated that she had read the petition into the record at the November 1, 2005 Board of Zoning Appeals meeting. She had proof of publication of the legal notice in the Shelbyville News and proof of notification to interested parties. She noted that during the November 1, 2005 meeting several issues were brought forward by the adjoining property owners. Because of the neighbors’ concerns, the Board continued the hearing to the January 3, 2006 meeting so that the petitioner could prepare park rules and regulations as well as set of special conditions that could be recorded as a part of the property record deed. She indicated that since the November meeting, the petitioner’s attorney has complied a set of rules and special conditions that were submitted for the Board of Zoning Appeals review. She also noted the petitioner’s attorney had forwarded the rules and special conditions to the neighbors who appeared at the November meeting in order to work them regarding any issues with the proposed rules and special conditions. She indicated that the Plan Commission office, the petitioner’s attorney, and the adjoining property owners have been working with each other for the past month to address concerns with the original rules and special conditions. She indicated that she has supplied the Board with the most up-to-date rendition of the documents.

Gregg Graham and Rick Sandefur presented the petition and the case to the Board of Zoning Appeals. Gregg Graham began his presentation by providing a synopsis of the case. He noted that at the last meeting, he provided the Board with pictures of the property and how it looked under its former ownership. He emphasized that to date Sandefur has already completed a great deal of work on the property. He indicated that during the last meeting, he took detailed notes regarding the concerns of the three individuals that spoke against the petition. He indicated that he had prepared and submitted park rules and special conditions that addressed all of the concerns that were brought forward during the November 1, 2005 meeting. He noted that over the course of the past two months, there have been many revisions to the document as suggested by the neighbors and the Plan Commission office. He feels that the submitted copy of the two documents is the most up-to-date version. He indicated that he had provided Amy Butcher with two letters before the hearing began that voiced support for the project. He highlighted that it is the Board members’ responsibility to base their decisions on the facts that are presented and not speculation. He presented the Board with a copy of an article from Dive Training magazine. He highlighted that article featured Sandefur’s Blue Springs Park facility and the effectiveness and quality of the Blue Springs facility. He pointed out that this article indicates that Sandefur can carry out his vision for the proposed park because he accomplished it for the Blue Springs facility. He stated that the petitioner had provided the Board with a set of park rules and special conditions, and he requested that the Board grant the approval based upon these rules and conditions. He emphasized that the Board of Zoning Appeals has the authority to enforce the rules and special conditions attached to an approval. He expressed that he felt that he and his client had adequately addressed the concerns that were brought up during the November meeting (e.g., hours of operation, park rules, fireworks, etc.). He noted that the presented rules are more restrictive than the Shelbyville Parks Department. He highlighted that the park rules are enforceable by the management of the facility and that the special conditions are enforceable by the Board of Zoning Appeals. He noted that these documents are not set in concrete, but he does feel that a great deal of thought and consideration have been put into the documents. He noted that the Shelby County Highway Department does not allow for signs to be placed in the County right-of-way, including no parking signs. He indicated that his client does not wish to have the number of performances limited. He indicated that he had provided technical data about the amount of space that 500 people would have per person if an event were held on the property. He also indicated that the petitioner is agreeable to construct a six-foot tall privacy fence if the Board directs him to do so. He indicated that there would be an individual living on-site. He indicated that this individuals contact information would be provided to the neighbors to contact if there is a problem. He stated that the City of Shelbyville does not have prohibition of alcohol in any of its parks and that the State of Indiana allows alcohol use in its parks unless it is around a body of water. He indicated that they are not requesting to do anything different in the park than is allowed in city and state parks. He did emphasize that park management would not allow intoxicated individuals to run wild through the park because safeguards have been included in the park rules and these individuals can be arrested. He highlighted that events will likely have some sort of security on duty.