Shelby County Board of Zoning Appeals
Meeting Minutes
Tuesday July 10, 2007
Members Present:
Carolyn Blackford
Kevin Carson
Doug Warnecke
Richard Whelen
Members Absent:
Ann Sipes
Staff Present:
Amy Dillon
Mark McNeely
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:
Doug Warnecke moved to approve the minutes of the May 1, 2007 meeting, and Carolyn Blackford seconded the motion. The motion was approved 4-0. 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 2007-12: Bridgers Scrap Booking Retreat Use Variance c/o Anson Craig Bridgers 2801 East Vandalia Road, Flat Rock, Indiana 47234. Gregg Graham of Shelbyville is the attorney representing the petitioner. Tony Nicholson of Space and Sites is the project engineer. The address of the property is 2801 E. Vandalia Road. The current zoning of the property is A and the current use is single-family home. The petitioner is seeking approval of a use variance to allow a scrap booking retreat facility to be operated from the home located at 2801 East Vandalia Road. (Noble Township, Section 22)
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 the interested parties. She indicated that her office originally received a call from the Health Department to determine if there were proper permits issued that would allow a scrapbook retreat facility business to be run from the home at this location. The Plan Commission staff determined that Mr. Bridgers was not in compliance with the Shelby County Zoning Ordinance, so the Plan Commission staff contacted him and requested that he either cease operation of the business from this location. Bridgers contacted Mr. Graham to determine what needed to happen. Graham then filed the use variance to allow the operation of a scrap booking retreat facility from the single-family home. The Plan Commission has also been working closely with the Shelby County Inspector’s Office and Health Department to ensure that the facility is brought up to code to meet both department’s requirements. The petitioner is here tonight to request approval of a use variance, and if the variance is approved, he will proceed with getting state design releases and Health Department approval.
Mark McNeely stated that he has conflict of interest with Mr. Bridgers because he is representing him in other matters.
Greg Graham spoke for the petitioner. He indicated that he had reviewed the suggested stipulations included in the staff report, and he noted that his client was willing to comply with all of the stipulations. We also understand that approval of this petition is subject to completion of stipulations. Mr. Bridgers is running a scrapbook retreat facility at what used to be known as the Old Geneva Dairy. There are 9-16 women that join together for on weekends to scrapbook. These women come from all over the country. There are no business activities taking place during the week. His business only operates 30 weekends out of the year. Graham distributed pictures of different scrapbook facilities to familiarize everyone with different facilities. Mr. Bridgers has no employees; however he does have people arranged to come in and do manicures and massages, but they are not employed by Mr. Bridgers. We feel that this business will not directly affect or impact the neighbors because guests are never outside of the building. He sells supplies within the building so the women do not have to leave during the retreat. An aerial photograph has been provided to show the distance between neighboring property owners. Since he was cited for his violation he has been moving his retreats to the Lees Inn in Greensburg. This becomes very difficult for the ladies at the retreat because these women like the secluded, quite areas where they can scrapbook without any interruptions. These women want to come to have an enjoyable scrapbooking vacation. We would like to comply with all of the county’s stipulations.
No one spoke in favor of the petition.
Four individuals spoke against the petition. Don Pickett was the first to speak in opposition of the petition. He has had problems with Mr. Bridgers before. The ladies do not always stay in the house. From time to time the women go down to the river to walk around. All of the neighbors take good care of their property. Some of the women turn around in my driveway. The women park in the road to unload their luggage. Due to last year’s snow there were two women parked in the road overnight. This is a curvy road and a very bad place to park cars. The septic system does not meet the current standards.
Richard Toothman spoke in opposition of the petition. The vehicles that are parked along the side of the road obstruct the view of residents pulling out of their driveways. The women do get out of the retreat site. We have seen them walking on our property as well.
Deborah Toothman spoke in opposition of the petition. She agreed with the other two neighbors. She also stated that there are children and men that attend these retreats as well.
Don Stephens spoke in opposition of the petition. He is not against the type of business, but he has a problem with everyone parking in his yard. He has personally asked Mr. Bridgers to not have the women park in his yard, but they have not complied. He will continue to call the sheriff’s department when the ladies trespass on his property. He has had to clean up trash out of his yard from the scrapbook retreats. He is not opposed to approving the variance, but he is requesting strict stipulations be placed on the business.
Gregg Graham offered a rebuttal to the neighbors comments. The staff report shows stipulations that will take care of most of the neighbors concerns. Mr. Bridgers has legal title to the walkway along the river. There is no reason that the women should be off of this walkway. The parking is an issue but the engineers are working on providing a parking area. (This stipulation is within the staff report.) The septic issues are not a concern for this board. We will address these types of issues with the local Health Department. No pets are allowed at the retreat. This should take care of this concern as well. Graham is submitting statements from attendees of the retreat. These people have nothing but good things to say about the retreat.
After questions and discussion from the Board of Zoning Appeals, Doug Warnecke made a motion to vote on the petition with the stipulations made in the staff report. Carolyn Blackford seconded the motion. The motion received a tie vote with 2 to 2 with Doug Warnecke and Carolyn Blackford casting the dissenting votes. Kevin Carson made a motion to re-hear the petition at the August 7, 2007 meeting, and Doug Warnecke seconded the motion. The motion was approved unanimously. The petition will be re-heard during the August 7, 2007 at 7:30 pm meeting.
BZA 2007-13: Pile Development Standards Variance c/o Isaac D. Pile of 5785 S. 675 W., Edinburgh, Indiana 46124. The address of the property is 6699 S. 300 W. The name of the subdivision is Pile Minor Subdivision. The current zoning of the property is A. The existing use of the property is single family home. The petitioner is seeking approval of a development standards variance to reduce the side yard setback requirements to construct a new home on the property located at 6699 S. 300 W. (Washington Township, Section 3)
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 the interested parties. With this case, Pile previously appeared before the BZA to request a reduction of the minimum lot size standards. This was approved, and he was able to create two lots from a one –acre parcel through the minor subdivision process. Pile has now found a home that he would like to place on this property. This home is too wide to place on the property and meet the forty-feet side yard setback requirement. He would like for the homes on the two properties that he owns to look the same so he is requesting a side yard setback reduction to 20 feet.
Isaac Pile presented his case to the Board. He would like for the homes to be oriented on the two properties in the same manner. With the current setback requirements, the home he could place on the undeveloped lot would only be able to be 24 x 24 feet. He is requesting the setback variance so he can get a larger home on his property. He would like the home to look more appealing on the property. He feels this will better for the look of his property and the neighborhood. He wants to move this home closer to his other property. This will not hinder any of the neighboring property owners.
No one spoke in favor or in opposition of the petition.
After questions and discussion from the Board of Zoning Appeals, Kevin Carson made a motion to vote on the petition, and Doug Warnecke seconded the motion. The motion was approved by a vote of 4 to 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 2007-14: Voris Development Standards Variance c/o Doris Voris 1577 Crest Drive, Shelbyville, Indiana 46176. There are additional property owners: Karen Williams, Steve Davis, and Beverly Debaun. The attorney representing the case is Peter DePrez. The project engineer is Paul Maurer from Maurer Surveying. The address of the property is 208 West Boggstown Road, Shelbyville, IN 46176. The name of the subdivision is Sullivan Subdivision. The current zoning is R1. The existing use of the property is residential homes. The petitioner is seeking approval of a development standards variance to reduce the minimum lot size requirements and to reduce the minimum front, side and rear yard setback requirements in order to subdivide an existing 10.897 developed property with ten existing homes on it into eleven lots. The property is located at 208 West Boggstown Road. (Addison 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 the interested parties. There are currently 10 homes on 2.34 acres of the 10.897 acre lot. The remaining 7+ acres has an M1 zoning and lies to the north of the homes. The petitioner wanted to divide these 10 homes up onto their own parcels. Since the homes already exist we were not able to make them meet the minimum lot size or setback requirements. If the requested variance is approved, the petitioner will have to go in front of the Plan Commission to get approval of the major subdivision plat.
Peter DePrez spoke for the petitioner. There is tremendous practical difficulty involved in the petition. These homes are existing, and over the years they have been passed down through the family. The family wants to create separate lots and so everyone has their own lots and homes. If we can obtain approval tonight, then we will go in front of the Plan Commission for the platting process. Basically, we are taking the lots as they are used today and making them into their own parcels. All of the homeowners are here tonight besides Mr. Davis.
No one spoke in favor or in opposition of the petition.
After questions and discussion from the Board of Zoning Appeals, Kevin Carson made a motion to vote on the petition with the following stipulations:
1. Should a septic system for one of the homes fail, the property owner of that home shall connect to the public sanitary sewer line.
2. Only the eleven lots proposed in the submittal shall be permitted. No additional lots shall be permitted to be created.
3. All properties currently entitled to access to the ingress/egress easement shall continue to be permitted this right.
Doug Warnecke seconded the motion. The motion was approved by a vote of 4 to 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 2007-15: Schalk Development Standards Variance c/o James and Tina Schalk 4763 W. 1120 N., New Palestine, IN 46163. The address of the property is 4763 West 1120 North, New Palestine. The subdivision name is Lakeview Estates. The current zoning of the property is R1. The existing use of the property is single-family residence. The petitioner is seeking approval of a development standards variance to reduce the side yard setback requirements to construct a garage addition onto the existing home located at 4763 West 1120 North. (Moral Township, Section 4)
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 the interested parties. The petitioners want to reduce the side yard setback to attach a garage onto their home. There is a drainage easement on this property that the proposed addition will encroach into.
Tina Schalk and James Schalk presented their case to the Board. They do not plan on building into the ditch. They want to build a garage that will go to the edge of the ditch. There should be no reason why anyone would have to alter or affect the drainage ditch.
No one spoke in favor or in opposition of the petition.
After questions and discussion from the Board of Zoning Appeals, Kevin Carson made a motion to vote on the petition with the following stipulations: