Shelby County Board of Zoning Appeals

Meeting Minutes

March 3, 2009

Members Present:

Carolyn Blackford

Ann Sipes

Doug Warnecke

Richard Whelen

Kevin Carson

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.

Approval of Minutes:

Doug Warnecke moved to approve the minutes of the February 12, 2009 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:

BZA 08-16 Diana Gaddis Use Variance

The owner of the property is Diana Gaddis of 2095 South 550 West, Shelbyville, IN. The address of the property is 5073 West State Road 44, Shelbyville, IN. The current use of the property is single-family home/former business. The current zoning of the property is Residential Estate (RE). The petitioner seeks approval of a use variance to operate a country store from a detached structure on the subject property. The property is located at 5073 West State Road 44, Shelbyville, IN. (Hendricks Township, Section 17).

Amy Dillon read the petition into the record and indicated that she had received proof of publication in the newspaper and proof of notification to the adjoining property owners. Dillon indicated that this case was continued from the September 9, 2008 meeting. The Board of Zoning Appeals had stipulated that the petitioners were to submit plans for the proposed driveway relocation; were to work out the septic field relocation with the Shelby County Health Department; and were to have a detailed site plan prepared by a registered surveyor or professional engineer submitted and reviewed before the meeting. Dillon indicated that the petitioners had submitted the driveway plans from the Indiana Department of Transportation and that these plans indicated that the driveway would remain in its same location and at its same width. She noted that she had received documentation from the Health Department indicating that the petitioner could utilize the exiting septic system for the business, but a new home on the site would be required to have its own septic system. She added that the Health Department had stipulated that the restroom facilities for the business should not be open to the public. Dillon stated that Gaddis did not see any reason to spend the money on a site plan done by an engineer; therefore, a detailed site plan prepared by a registered land surveyor or professional engineer was not submitted. The petitioner submitted a hand drawn site plan instead. Dillon also explained that the hearing would not be opened for public comments since this petition was old business.

Gail Gaddis presented his case to the Board on behalf of his wife, Diana. He stated that there was sufficient room for parking and the driveway was going to be 40 ft wide. He noted that a similar business was operated from the property in the past. He stated that he had submitted the materials that the Board requested.

After questions and comments from the Board, Doug Warnecke made a motion to vote on the petition with the following stipulations:

  1. The hours of operation for the business shall be from 10:00 am to 8:00 pm.
  2. The business may only be opened Wednesday through Sunday, and it shall remain closed on Monday and Tuesday.
  3. There shall be absolutely no outside storage or display of goods on the property. All storage of goods and products shall be indoors.
  4. Any signage added to the site to advertise the business shall strictly comply with the sign code provisions that apply to the zoning district for the property.
  5. Any lighting added to the site shall not adversely impact the adjoining properties.
  6. Customers shall not use the restroom facilities for the business.
  7. The petitioners shall not keep horses or any livestock on the property.
  8. Permits for the home and construction on the home must be started on or before March 3, 2010.

Carolyn Blackford seconded the motion. The motion was approved 3-2, with Warnecke and Carson casting the dissenting votes.

New Business:

BZA 09-03 Buckhead Farms, LLC Use Variance

The owner of the property is Terry Brennan of Buckhead Farms, LLC of 9463 Brehm Road, Cincinnati, OH 45252. The applicant’s attorney is Gregg Graham of 33 West Washington Street, Shelbyville, IN 46176. The project engineer is Brennan Builders of 9463 Brehm Road, Cincinnati, OH 45252. The current zoning of the property is A1 (Conservation Agricultural). The address of the subject property is 4117 East 750 South, Waldron, IN 46176. The current use of the property is primarily agricultural. The petitioner seeks approval of a use variance to have temporary living quarters in a pole building until the primary structure on the property is completed. (Noble Township, Section 12).

Amy Dillon read the petition into the record and indicated that she had received proof of publication in the newspaper and proof of notification to the adjoining property owners. She stated that the petitioner is requesting a use variance to have temporary living quarters in a pole building until the primary structure on the property is completed. She noted that the petitioner has built the large pole building on the property, and the proposed living quarters would be contained in this structure. She noted that a second accessory structure is currently under construction on the subject property.

Gregg Graham presented his client’s case to the Board. He indicated that his clients plan to relocate to Shelby County. He stated that they would like to be able to stay in the pole building temporarily until the primary structure is built on the property. He presented the Board with a packet of CAD drawings of the building and floor plans. He stated that a portion of Barn #1 would be used for a farm office, meeting room, break room and Terry’s private office with bathroom facilities, and the remainder of the building would be used for farm equipment storage and a shop area. He noted that his clients would like the option to spend the night in the barn to oversee the construction of the new home on the property and to stay after a long day in the fields. He explained that Barn #2 would be used for farm storage and a garden barn for Vickie. He explained that the Barn #2 building will have no sleeping facilities, but it will have a kitchen area for canning.

The Board then opened up the meeting for public comment. No one spoke in favor or in opposition to the petition.

After questions and comments from the Board, Doug Warnecke made a motion to vote on the petition with the following stipulations:

  1. Permits for the home and construction of the primary structure must be started by March 3, 2010.
  2. The construction of the home must be completed within one year from the start of its construction.
  3. If the single-family home is not completed within this timeframe, then the petitioner shall re-apply for an extension of the approved use variance.
  4. The subject dwelling unit shall not become a permanent residential structure (for rental purposes).

Ann Sipes seconded the motion. The motion was approved 5-0.

BZA 08-21 Winona Holder Use Variance

The owner of the property is Winona Holder of 7124 East US Highway 52, Gwynneville, IN. The current zoning of the property is VM (Village Mixed Use). The existing use of the property is single-family residential. The petitioner seeks approval of a use variance to keep chickens on property that is zoned VM. The address of the subject property is 7124 East US Highway 52, Gwynneville, IN. (Hanover Township, Section 16).

Amy Dillon read the petition into the record and indicated that she had received proof of publication in the newspaper and proof of notification to the adjoining property owners. Dillon stated that she had received a complaint about chickens being kept on the subject property, and when she drove by the property to do a site investigation she was unable to see if there were actually chickens on the property. She notified Winona Holder of the alleged violation, and she requested that she remove the chickens or apply for a use variance. The petitioner chose to apply for a use variance.

Winona Holder introduced her daughter Georgia to the Board. Georgia presented their case to the Board. She stated that she is planning to show her chickens in 4-H and for science fair projects. Georgia explained that they all love their chickens and they are members of the family. Winona Holder stated that they clean the chicken coops and disinfect the pens regularly. She noted that the children have learned valuable lessons from having them.

The Board then opened up the meeting for public comment. No one spoke in favor or in opposition to the petition.

After questions and comments from the Board, Richard Whelen made a motion to vote on the petition with the following stipulations:

  1. The chickens shall continue to be kept in the chicken coop on the property. The chickens shall not be allowed to roam the property.
  2. There shall be no more than ten (10) chickens kept on the property at any one time.

Carolyn Blackford seconded the petition. The petition was approved 5-0.

BZA 09-02 Michael Hitch Use Variance

The owner of the property is Michael A. Hitch of 422 Peninsula Drive, Shelbyville, IN. The address of the subject property is 1907 North 600 East, Shelbyville, IN 46176. The current zoning of the property is C2 (Highway Commercial). The petitioner seeks approval of a use variance (previously approved) with amended stipulations to operate a specialty salvage operation from a property that is zoned C2. (Union Township, Section 30).

Dillon read the petition into the record and indicated that she had received proof of publication in the newspaper and proof of notification to the adjoining property owners. She stated that the petitioner wants to amend the stipulations that were placed on a previously approved use variance to operate a specialty salvage operations. She noted that the petitioner had been approved for a use variance to operate a specialty salvage operation in August 2007, and several stipulations were placed on the approval of the use variance. She stated that the petitioner has been found in non-compliance with one or more of the stipulations on several different occasions (at least five times). At the Board meeting last month, Hitch was ordered in to address his non-compliance with the original stipulations, and he presented the Board with a list of modified stipulations. The Board advised him that he would be required to formally submit the stipulations via a new use variance application for consideration at a public hearing.

Mike Hitch presented his case to the Board and he affirmed that the statements made by Dillon were correct.

Prior to proceeding Kevin Carson asked Dillon to read the original stipulations placed on the original use variance into the record. He asked her to also read Hitch’s proposed modifications into the record. The lettered items that follow are the original stipulations from the August 2007 meeting, while the bulleted points are the changes proposed by Hitch.

  1. Storage of all equipment related to the business shall be indoors.

·  Storage of all salvage vehicles and parts shall be stored inside a privacy fence or inside buildings.

  1. Cleanup of the subject property shall be completed within 30 days of the approval of this application.

· Same

  1. Scope of the business shall be limited to specialty automotive parts only.

·  Scope of business shall be limited to auto repair and salvage.

  1. No large delivery trucks or semi trailers shall be used to deliver or remove cars or car parts to and from this location.

· Same

  1. Outside salvage work (repairing or dismantling) may occur on-site from 8:00 am to 6:00 pm.

·  Outside salvage work (repairing or dismantling) may occur on site from 8:00 am to 6:00 pm (winter hours) and 8:00 am to 8:00 pm (summer hours).

  1. Any signage added to the site shall strictly comply with the provisions for signs allowed in the zoning ordinance. A sign permit must be obtained prior to placing any signs on the property.

· Same

  1. Failure to comply with these stipulations will result in the revocation of the use variance, and all business operations will be ordered to cease and desist from this location.

·  Same if stipulation changes are approved.

  1. An area for outside storage of a maximum of 5 cars shall be permitted, provided a privacy fence surrounds the area.

·  An area for outside salvage storage shall be permitted, provided a privacy fence surrounds the area.

  1. No vehicles shall be displayed for sale on the site.

·  No more than one vehicle shall be displayed for sale on the site.

The meeting was then opened to the public. No one spoke in favor of the petition.

Brian Conner was the first to speak against the petition. He stated that he doesn’t believe that the petitioner has been able to comply with the original stipulations. He added that the Board shouldn’t be any more lenient with him. He stated that he doesn’t want a junkyard to devalue his property. He explained that the semi-trailer is stored permanently on the property. He noted that there is always activity occurring after the originally stipulated hours. He noted that the cars were not kept in the fenced in area. He also stated that someone has put in a driveway onto State Road 44 without permits and was concerned with the safety hazard issue. Finally, he presented pictures of the property to the Board noting all the violations depicted.