Shelby County Board of Zoning Appeals Meeting Minutes December 7, 2010 Members Present: Kevin Carson Ann Sipes Richard Whelen Doug Warnecke

Members Absent: Rachael Ackley

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: Ann Sipes moved to approve the minutes of the November 3, 2010 meeting, and Richard Whelen 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: Albert Anderson BZA09-15 Use Variance The owners and applicant of the property are Albert and Lora Anderson of 7479 N. Frontage Rd., Fairland, IN. The address of the subject property is 7479 N. Frontage Rd., Fairland, IN. The current zoning of the property is R1 (Single-family residential). The existing use of the property is residential. The petitioners are requesting a use variance to utilize an existing apartment in an accessory structure on the same property as their single-family residence in a R1 zoning district. (Moral Township, Section 29).

Amy Dillon presented the case to the Board. She stated that she had received proof of notification to the adjoining property owners and proof of publication in the newspaper. Dillon stated that this was continued from last month’s meeting. She noted that the Health Department and David Adams, Shelby County Building Inspected had both been out there to do the necessary inspections. The Board opened up the meeting for public comment. No one spoke in favor of the petition.

First to speak in opposition of the petition was Laura Heflin. She questioned if the Anderson’s move out, will an apartment be allowed to continue. Don Walker was the next to speak and he questioned if the septic and building were up to code. He also questioned why it was allowed to begin with.

After questions and discussion from the Board, Ann Sipes made a motion to vote on the petition with the following stipulation: a) The use of the detached structure as living quarters must discontinue when the petitioners no longer reside in this secondary residence. This commitment shall be recorded and cross-referenced to the deed for the property. Richard Whelen seconded the motion. The petition was approved 4-0.

Mark McNeely presented the Findings of Fact to the Board. They affirmed these were the basis for their decision. The Findings of fact were approved 4-0.

New Business: BZA10-15…Michael and Starla Hilgert Special Exception: The owners and applicants are Michael and Starla Hilgert of 7729 N. Frontage Rd., Shelbyville, IN. The address of the subject property is 7729 N. Frontage Rd., Shelbyville, IN. The current zoning of the property is RE, Residential Estate. The existing use of the property is single-family residential and Christmas tree farm. The petitioner seeks approval of a special exception to operate a bed and breakfast from the single-family home on the subject property.

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 petitioner is requesting approval of a special exception to operate a bed and breakfast from their single-family home.

Michael Hilgert presented his case to the Board. He stated that the statements made by Dillon were correct.

The Board opened up the meeting for public comment.

Francis Branaguel spoke in opposition of the petition. He stated that the dust generated by traffic to and from the bed and breakfast from the gravel road would adversely impact his property. He also thinks there is some sort of restriction disallowing business.

Mike Hilgert offered his rebuttal by stating there is a covenant prohibiting businesses but they have talked to the neighbors and they have all agreed to sign a waiver of provisions of covenants and deed restrictions and amendment to covenants and deed restrictions. After questions and discussion from the Board, Doug Warnecke made a motion to vote on the petition with the following stipulations: 1) The only employees for the bed and breakfast shall be the petitioners. 2) The bed and breakfast operation shall not be expanded to allow for more than one guest family unless an additional special exception is approved by the Board of Zoning Appeals. 3) No additional signage shall be added to the site. The petitioners may incorporate an advertisement for the bed and breakfast within the existing footprint of the existing sign. 4) The interest parties (adjoiners) must all sign the waiver of provisions of declaration of covenants, conditions and restrictions and amendment to declarations of covenants, conditions and restrictions. Ann Sipes seconded the motion. The petition was approved 4-0.

Mark McNeely presented the Findings of Fact to the Board. They affirmed these were the basis for their decision. The Findings of fact were approved 4-0.

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 to be used for residential. 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.

Jeff Powell presented the case to the Board and stated that the statements made by Dillon were correct.

The Board opened the meeting for public comment. No one spoke in favor or against 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 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 subdivided in the future. Richard Whelen seconded the motion. The petition was approved 2-2.

Doug Warnecke made a motion to continue the petition to the next BZA meeting. Ann Sipes seconded the motion. The motion was approved 4-0.

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 subdivision is Hartwig Simple Subdivision. The existing use of the property is to be used for residential. 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.

Doug Warnecke made a motion to continue to the next meeting and Ann Sipes seconded the motion. The motion was approved 4-0.

BZA10-18…Frank and Misty Reedy Use Variance: The owner and applicants are Frank and Misty Reedy of 7793 North PR 435 West, Fairland, IN. The applicant’s attorney is Gregg Graham of 33 W. Washington St., Shelbyville, IN. The address of the subject property is 7793 North PR 435 West, Fairland, IN. The current zoning of the property is RE, Residential Estate. The existing use of the property is horse barn/living quarters. The petitioners are seeking approval of a use variance to be able to utilize a portion of an existing pole building as a residence during the construction of a single-family home.

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 the petitioners are requesting approval of a use variance to be able to utilize a portion of an existing pole building as a residence during the construction of their single-family home on a property that is zoned RE.

Gregg Graham presented the cast to the Board.

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: 1) Use of the residential quarters in the pole building must discontinue within six months after completion of the primary single-family home. 2) Construction on the permanent home must be completed within two years. 3) If the single-family home is not completed in the two-year timeframe, then the petitioners must re-file a use variance application for an extension of this approval. Ann Sipes seconded the motion. The petition was approved 4-0.

Mark McNeely presented the Findings of Fact to the Board. They affirmed these were the basis for their decision. The Findings of fact were approved 4-0.

Discussion: Josh Noel appeared

Noel indicated he would cease business operation rather than apply for a variance. The Board stated that once business is started again he would be likely have to pay fines. The Board gave him until the February meeting to get out of business.

Adjournment: With no further business to come before the Board, Doug Warnecke moved to adjourn, and Richard Whelen seconded the motion. The meeting was adjourned.

______President Date

Secretary Date