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BZA MEETING

April 21, 2016

 

 

The White County Area Board of Zoning Appeals met Thursday April 21, 2016, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

 

Present: Richard Holmes, Dennis Sterrett, Dave Rosenbarger, Carl Hites

 

Absent: Randy Conwell

 

Also attending were Attorney Abigail Diener, Executive Director Joe Rogers and Board Secretary Jennifer Hill.

 

Visitors attending were: Rita Hughes, Bonnie Woods, Debbie Reindt, D. Crowell, Fred & Judy Schivelent, Diane Greene, Bob Princell, Nathan Kelley, Molly Kelley, Jim Esposito, Rebecca Myers, Paul Newmann, Karen Neumann, Nanette Rebar, Brad Gervais, Betty Byland, Sharaye Geringer, Gwynn Rusinek, Gary Rice, Bob Rice, Mike Rice, Shell Angeloria, Tanya Gerg, Ray & Jan Buchler, Greg Rice, Bryan Culp, Richard Ouelette, Brittany Jennings, Levi Jennings, Tiffany Rolin, Edwin Buswell, Michele Buswell, Herb Dinkel, Sherry Dinkel, Beth Hatter, Ron Hatter, Torie Eddy, Rob Waikel, Merle Peterson, Jeff Taylor, Ray Drunson JR., Josh & Anna VanVolbealy, Susan Gillham, J. Clevenger, Jerome Paulak, Phil Hunt, Don Foulks, Annette Cobb, Stacy Selagy, Tot Bowen, Peggy Sublette, Connie Stimmel, Stephen Sublette, Linda Gretencord, Ashley Hopp.

 

The meeting was called to order by Chairman Hites at 6:00 p.m.

 

 

****

 

 

 

Minutes: There was a motion by Dave Rosenbarger and a second by Richard Holmes to approve the meeting minutes and findings of fact of March 17, 2016 as written. The minutes and findings of fact were unanimously approved.

 

 

Note: At the introduction of each case hearing, Director Rogers introduced the Staff Report and affiliated documents into the official record of the meeting, to be used as supporting documents for developing the Findings of Fact for each hearing.

 

 

Variances & Special Exceptions

Variance Petition # 2935- U.H. Friendly Acres, Applicant; Susan M. Rideout Trust, Owner

At the beginning of this petition request Chairman Carl Hites explained to the applicant’s attorney, since one of the Board members were absent, the applicant had the option of continuing the hearing until there was a full board available. After consultation with the applicant, the applicant’s attorney indicated to the Chairman that they desired to proceed with the hearing.

Executive Director Rogers stepped to the podium and read the Staff Report and provided photo documentation of the petition site. Director Rogers explained that the applicants were requesting a 530 foot setback (CAFO structure to residence) vs the 1,320 foot required to allow construction of a Confined Animal Feeding Operation on a proposed 10 acre site which would adjust the setback standard for four of the residential structures that sit within the 1,320 foot setback requirement. Director Rogers further explained that the applicant has a conditional agreement with the property owner to purchase the proposed 10 acres. There was one Community Communication with the office in regards to this petition, a letter from Deborah Reindt, which Director Rogers read into record. Director Rogers then supplied general information about the site development, the surrounding area and short history on the applicant’s attempts to find a suitable site for a CAFO.

Attorney Don Shelmon stepped to the podium and spoke on behalf of the applicant. Mr. Shelmon explained to the board that this would be a state of the art design that would be constructed with every safety precaution; as well as the perfect location due to the surrounding acreage serving as the location for manure injection, preventing any manure from being transported on the road. Mr. Shelmon also explained the barriers that would be incorporated into the site helping to manage odors and pests of the site. Mr. Shelmon submitted 4 documents signed by abutting property owners expressing their support of the request as well as architectural drawings showing the proposed facility. Mr. Shelmon also emphasized that there would be no intended application of manure east of County Road 300E and that the building was placed nearest to the west boundary line to maximize the distance from the lake and concentrated housing area near the lake.

There were several citizens opposing the request and spoke in front of the board. Those speaking opposed to the request were: Bonnie Woods, Brad Gervais, Jim Esposito, Bob Princell, Torie Eddie, Molly Kelly, Susan Gillham, John Clevenger, Paul Newman, Evan Hatter, Becky Meyers, and Don Foulks. Most of the arguments from the opposition were similar and cited: decreased property values, bad odors, fly nuisances, fire and environmental hazard, increased truck traffic and road deterioration. Rob Waikle stepped to the podium and stated that homeowners had requested that someone from the real estate community attend. He offered that walking and running paths increase demand and add value to properties. Industry, of any type, that has sight, sounds, and smells associated with the operation, will decrease property values.

 

When there were no further questions from the audience, the applicant, or the Board, Attorney Abigail Diener issued ballots for voting.

 

 

After tabulating the ballots, Chairman Carl Hites read the following results into the record:

 

Variance Petition # 2935 - 4 votes cast; 0 to grant; 4 to deny; Petition # 2935 is DENIED.

 

Variance Petition # 2937- Philip Hunt, Applicant- Hunt & Company, LLC, Owner

Executive Director Rogers stepped to the podium and explained that this was a Special Exception for a shooting range. Director Rogers also entered any documentation sent prior to the meeting and any information received just prior to the meeting into evidence for use of developing Findings of Fact along with any other documentation or testimony provided. In regards to Community Communications, Director Rogers read into record a letter from Troy Longbons stating that he had no opposition to this petition request; and also explained that Mary McLellan had spoken with staff and opposed the request, due to her daughters health issues. Director Rogers explained that a site plan has been provided by the Applicant which shows acquisition of abutting ground and request that the Board consider how much ground would have to be acquired to be contingent upon approval, that way, when it comes to the staff, there is knowledge of how much lands needs to be transferred prior to the issuing of the Special Exception Use permit; this would be handled as an Administrative Subdivision tract transfer. Director Rogers explained that the proposed facility is subject to special regulations spelled out in Chapter 3, Section 3.16 along with Subsection 3.16.5 of the White County Indiana Zoning Control Ordinance. Director Rogers then read the Staff Report and provided photo documentation of the petition site. Director Rogers also requested that the Board confirm the hours of available operation or specify them otherwise.

 

Applicant, Phil Hunt, representing Liberty Arms stepped to the podium and spoke on behalf of his request. Mr. Hunt explained that the ordinance refers to the NRA Source Book and the NRA Source book is from 2012; and he doesn’t feel that the Source Book has what they feel is something to today’s standards or modern enough to deal with the subject of sound and safety. Mr. Hunt explained the Shooting Range structure, he explained that what they’re going to be building is to have the person shooting in a concrete building and not see any “blue sky” above the back stop, so they wouldn’t be able to shoot to the left, right or up and have the projectile leave the range. That is what they’re trying to accomplish; have an outdoor range, control sound and the safety, not necessarily in that order. He then provided a list of people that had come into the shop to offer their support in this venture. Mr. Hunt explained that they’ve taken 12 decibel readings around the building and explained that those tests ranged from 40.8-70.1 decibels with a Rifle, 39.5-57 with a shotgun. There was short discussion as to how thick concrete walls would be. Dave Rosenbarger questioned how the applicant knew what would be require and is what he’s submitted what he’s going to build. Director Rogers explained that the other issue was that the Ordinance only allows a berm of 6’ and NRA suggests 8’. Mr. Rosenbarger made a motion that the berm height of 8’ NRA standard be accepted vs. 6’ by Ordinance, with a second from Denny Sterrett; vote unanimous. Mr. Hunt explained that his intention was to apply for this Special Exception to see if it was going to be okay to have a shooting range and then to hopefully plan out the rest of the details of the range itself in the future. There was short discussion as to the trap shooting that was detailed on the plan provided and what amount of land would be needed for that as well. Mr. Rosenbarger explained to Mr. Hunt that the Board needs to know how much land will be needed as far as the trap shooting and the shooting range as well; they will also need to see a drawing showing dimensions of the shooting range and the earthen berm. Wayne Hunt request if the land could be rented to him, Director Rogers explained why the land couldn’t be rented for this purpose. Mr. Hunt’s parents, through a trust, are the landowners of the abutting 168 acres. There was short discussion as to what the board would like to see on the drawing that the applicant should prepare. They would like the questions answered of how wide, how far from berm to edge of cement structure and then allow a few extra feet so you’re not moving dirt on the neighbor’s property. Also, they requested confirmation that the abutting property owner is willing to transfer the land necessary to accommodate the shooting debris.

 

There was one item of other business, which Jennifer Hill the current appointed Secretary of the BZA has taken a position with the Surveyors Office, minutes and Findings of Fact will be prepared and signed off by her. Director Rogers asked if the Board would just wait until the next meeting to make an appointment for that position. Also, there won’t be appropriate Staff to prepare paperwork for any BZA Meetings in May.

 

This petition was continued until the June 16, 2016 meeting so further information and documentation could be obtained by the applicant.

 

There being no further business, Dennis Sterrett made a motion the meeting be adjourned, with a second from Richard Holmes. Motion carried, meeting adjourned.

 

 

Respectfully submitted,

 

 

 

____________________________

Jennifer Hill, Secretary

Area Board of Zoning Appeals

 

 

___________________________

Joseph W. Rogers, Executive Director

White County Area Plan Commission

 

 

 

Document Prepared By: White County Area Plan Secretary Jennifer Hill “I AFFIRM, UNDER THE PENALTIES FOR PERJURY THAT I HAVE TAKEN REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN THIS DOCUMENT, UNLESS REQUIRED BY LAW.” _________________________________________________