WEBVTT 00:00:00.738 --> 00:00:09.537 - Okay, it's five thirty, so I'll call to order the June Board of Zoning Appeals meeting. Ms. Behrman, 00:00:09.537 --> 00:00:18.771 - would you call the roll? Margaret Clements? Here. Daley? Pamela Davidson? Guy Loftman? Here. Jeff Morris? 00:00:18.771 --> 00:00:28.005 - Here. We have three members in person and that does constitute a quorum. Okay, could you please introduce 00:00:28.005 --> 00:00:30.270 - the evidence for tonight? 00:00:30.562 --> 00:00:36.899 - I would like to introduce for the Board of Zoning Appeals the following items into evidence, the Monroe 00:00:36.899 --> 00:00:43.054 - County Development Ordinance as adopted and amended, Monroe County Comprehensive Plan as adopted and 00:00:43.054 --> 00:00:49.269 - amended, the Monroe County Board of Zoning Appeals Rules of Procedure as adopted and amended, and the 00:00:49.269 --> 00:00:55.851 - cases that were legally advertised and scheduled for hearing on tonight's agenda. I'd like to move approval 00:00:55.851 --> 00:00:57.374 - of the evidence. Second. 00:00:59.362 --> 00:01:07.857 - There's been a motion and a second. Guy Loftman? Yes, I'm sorry. I did try to second. I'll move my microphone 00:01:07.857 --> 00:01:15.658 - closer and see if that helps. A second. All right, and I'll go ahead and call the roll. Guy Loftman? 00:01:15.658 --> 00:01:20.446 - Yes. Jeff Morris? Yes. Margaret Clemens? Yes. Motion carried. 00:01:20.962 --> 00:01:28.376 - Okay, for our agenda tonight, staff has informed me that the minutes to approve from April 1st, 2026 00:01:28.376 --> 00:01:35.789 - are not ready. So as we approve the agenda, if we could remove the approval of minutes. I would like 00:01:35.789 --> 00:01:43.349 - to move that the agenda be approved with that modification. Did Mr. Schilling have something he wanted 00:01:43.349 --> 00:01:49.662 - to put on our agenda this evening? I can do that under the legal department report if 00:01:50.402 --> 00:01:58.072 - We're still on there, but if not, we can add a legal department report at the end. I'd like to move 00:01:58.072 --> 00:02:05.971 - approval of the agenda with the amendment that the minutes are not included from the April 1st meeting 00:02:05.971 --> 00:02:12.414 - and that we will have a report from the legal department at the end of our meeting. 00:02:14.466 --> 00:02:20.285 - There's been a motion and a second to approve the agenda with the minutes removed and to add a legal 00:02:20.285 --> 00:02:26.334 - department report at the end. Jeff Morris? Yes. Guy Hoffman? Yes. Margaret Clements? Yes. Motion carries 00:02:26.334 --> 00:02:27.198 - three to zero. 00:02:27.938 --> 00:02:34.096 - Hey, we have no administrative business tonight. And the first item under old business, the Donovan 00:02:34.096 --> 00:02:40.378 - buildable area has been continued by the petitioner to July 8th. So we will not hear that tonight. So 00:02:40.378 --> 00:02:46.721 - we will jump straight into new business. And the first item is VAR-26-16. This is the French accessory 00:02:46.721 --> 00:02:52.510 - dwelling unit, 1,000 square foot size limit, various to chapter 811. So Mr. Myers. Thank you. 00:02:59.586 --> 00:03:06.391 - All right, this is located at 8616 North Mount Tabor Road in Bean Blossom Township, section 15. It is 00:03:06.391 --> 00:03:13.396 - part of a platted subdivision. It's lot one of the White Hawk Farm LLC type E administrative subdivision 00:03:13.396 --> 00:03:20.335 - and the petition site measures 22.27 acres. It's zoned agricultural residential. It's the comprehensive 00:03:20.335 --> 00:03:26.206 - plan designated as farm and forest and its current use is residential and agricultural. 00:03:27.906 --> 00:03:33.577 - The petitioner is requesting one development standards variance to the detached accessory dwelling unit 00:03:33.577 --> 00:03:39.194 - standards of Chapter 811. The petitioner proposes to construct a new detached accessory dwelling unit, 00:03:39.194 --> 00:03:44.756 - also known as a DADU, consisting of 1,493.33 square feet of living space. The dwelling unit will also 00:03:44.756 --> 00:03:50.373 - include an attached garage which will not be heated or cooled and therefore does not count towards the 00:03:50.373 --> 00:03:52.990 - total residential living space of the dwelling. 00:03:53.378 --> 00:03:58.727 - The petition site currently contains an existing 2,061 square foot single family residence, a 1,536 00:03:58.727 --> 00:04:04.289 - square foot pole barn, and several utility sheds measuring approximately 80 square foot each. According 00:04:04.289 --> 00:04:09.798 - to the petitioner, the purpose of the proposed accessory dwelling unit is to provide a place for their 00:04:09.798 --> 00:04:15.254 - parents to live nearby. The petitioner has acquired a minimum specifications document from the Monroe 00:04:15.254 --> 00:04:20.924 - County Health Department for the installation of a new septic system for this proposed detached accessory 00:04:20.924 --> 00:04:21.726 - dwelling unit. 00:04:23.202 --> 00:04:31.140 - All the detached accessory dwelling unit is subject to Chapter 811-4C, which outlines multiple conditions 00:04:31.140 --> 00:04:39.077 - that must be met in order for this particular use to be granted for the property. There is one particular 00:04:39.077 --> 00:04:46.565 - standard of that set that cannot be met, and that is the limitation to 1,000 square feet of livable 00:04:46.565 --> 00:04:51.358 - residential space under the AGR zoning district. So because the 00:04:51.778 --> 00:04:59.082 - proposal is 1,493.33 square feet of living space. It exceeds the 1,000 square foot limitation by a total 00:04:59.082 --> 00:05:06.246 - of 493.33 square feet. That is the only condition of the Chapter 811-4C conditions that cannot be met, 00:05:06.246 --> 00:05:13.271 - and all other development standards for the AGR zone, according to the County Development Ordinance, 00:05:13.271 --> 00:05:15.358 - will be met by this proposal. 00:05:17.250 --> 00:05:23.980 - On the screen, I have definitions, including the accessory dwelling unit definition, as well as a definition 00:05:23.980 --> 00:05:30.154 - for livable residential space. These are both included in the packet as well. Do have some outcomes 00:05:30.154 --> 00:05:36.513 - for this particular petition. If denied, the petitioner will be limited to 1,000 square feet of living 00:05:36.513 --> 00:05:42.873 - space for the detached accessory dwelling unit. The petitioner could potentially pursue a partial plat 00:05:42.873 --> 00:05:44.478 - vacation of the Whitehawk 00:05:44.706 --> 00:05:51.128 - a two lot sliding scale subdivision that would create a separate lot for the proposed dwelling unit. 00:05:51.128 --> 00:05:57.486 - The proposed dwelling unit would then become the primary single family residence on the new lot and 00:05:57.486 --> 00:06:04.034 - thereby avoid the need for this variance. If approved, the petitioner can continue with the permitting 00:06:04.034 --> 00:06:10.583 - process for the detached accessory dwelling unit. Residential construction planning pre-design or PILP 00:06:10.583 --> 00:06:14.398 - will be required followed by an improvement location permit 00:06:14.594 --> 00:06:20.341 - And then, finally, a residential building permit from the building department. A certified plot plan 00:06:20.341 --> 00:06:26.031 - is required in order to receive an ILP and an affidavit satisfying Chapter 811-4C1 will be required 00:06:26.031 --> 00:06:31.550 - and recorded at the Monroe County Recorder's Office before a certificate of occupancy is issued. 00:06:31.970 --> 00:06:38.608 - That affidavit refers to either the property owner, excuse me, it refers to the property owner living 00:06:38.608 --> 00:06:45.182 - in either the accessory dwelling unit or the primary residence. And according to statements from the 00:06:45.182 --> 00:06:52.080 - petitioner, the property owner will be residing in the single-family residence. Here we have the location 00:06:52.080 --> 00:06:58.784 - map. We're in Bean Blossom Township. The zoning map here shows agricultural residential along with the 00:06:58.784 --> 00:07:00.606 - properties in its vicinity. 00:07:02.466 --> 00:07:09.157 - Here we have the site conditions map. The red on the map indicates slope greater than 25%. We are outside 00:07:09.157 --> 00:07:15.596 - of the Lake Monroe watershed and the Lake Lemon watershed. See the different contours on the property 00:07:15.596 --> 00:07:22.477 - on this map. We also have a summary of improvements listed here as well that details the existing structures 00:07:22.477 --> 00:07:23.550 - on the property. 00:07:26.114 --> 00:07:32.979 - Now we have some aerial imagery here. The proposed detached accessory dwelling unit will be occurring 00:07:32.979 --> 00:07:39.777 - right about here where my cursor is. That would be just northwest of the bend in the driveway as you 00:07:39.777 --> 00:07:46.844 - go towards the existing pole barn and existing single family residence. So it will be utilizing a shared 00:07:46.844 --> 00:07:52.094 - driveway as required by chapter 811-4C. Some other pictures here of the site. 00:07:53.314 --> 00:07:59.748 - Then we have some pictures on the ground. This is the driveway entrance to the petition site off of 00:07:59.748 --> 00:08:06.182 - North Mount Tabor Road driveway going onto the property. And the lower right-hand photograph is the 00:08:06.182 --> 00:08:12.937 - site for the proposed detached accessory dwelling unit. It may be hard to see, but there are a few white 00:08:12.937 --> 00:08:19.693 - stakes in the background there, and that is the proposed site for the new dwelling unit. Same with these 00:08:19.693 --> 00:08:22.974 - photographs. It's hard to see, but there are white 00:08:23.266 --> 00:08:29.509 - flags as well indicating here where the septic system will go for the proposed dwelling unit. Then, 00:08:29.509 --> 00:08:35.815 - of course, here we have the existing single family residence and the pole barn you can see there. In 00:08:35.815 --> 00:08:42.058 - the lower right hand photograph, we are exiting the property back down the existing driveway. So in 00:08:42.058 --> 00:08:48.926 - that lower right hand photograph, the proposed dwelling unit would be to the right or north of that driveway. 00:08:51.138 --> 00:08:57.334 - All right, so now on the screen, we have the letter from the petitioner to the Board of Zoning Appeals 00:08:57.334 --> 00:09:03.590 - stating their request and their rationale as to why they are requesting having more square footage than 00:09:03.590 --> 00:09:09.726 - the thousand square foot limitation. On the right, we have the petitioners provided a conceptual site 00:09:09.726 --> 00:09:16.042 - plan that shows the location of the accessory dwelling unit as well as the septic and other measurements 00:09:16.042 --> 00:09:17.726 - for the project. Of course. 00:09:18.658 --> 00:09:26.091 - A certified plot plan will be required through the permitting process that will provide a high level 00:09:26.091 --> 00:09:33.449 - of detail for the accessory dwelling unit and other features on the site, including property lines, 00:09:33.449 --> 00:09:41.250 - setbacks, septic system, et cetera. Now on the screen, I included a copy of the White Hawk LLC, or excuse 00:09:41.250 --> 00:09:45.886 - me, White Hawk Farm LLC type E administrative subdivision plat 00:09:46.178 --> 00:09:54.201 - We are located in lot one, which is in the corner here in the northwest corner of the subdivision. And 00:09:54.201 --> 00:10:02.223 - this is just a zoom in version of where we are at with respect to that subdivision as well. All right, 00:10:02.223 --> 00:10:10.402 - that brings me to staff's recommendation. Staff recommends denial of VAR-26-16 indicating that practical 00:10:10.402 --> 00:10:12.894 - difficulties have not been met. 00:10:13.410 --> 00:10:23.195 - The strict application of the county development ordinance indicates that the proposed detached accessory 00:10:23.195 --> 00:10:32.980 - dwelling unit can be reasonably redesigned to meet the thousand square foot maximum of residential living 00:10:32.980 --> 00:10:43.134 - space. And I've also included here the definitions for practical difficulties. I will now take any questions. 00:10:43.490 --> 00:10:53.269 - to speak. Did you raise your right hand and state your name? Andy French. Do you swear to tell the truth, 00:10:53.269 --> 00:11:02.679 - the whole truth and nothing but the truth? I do. You have 15 minutes. So pretty much covered it. When 00:11:02.679 --> 00:11:09.598 - we went to start this process and started looking at houses, the amount of 00:11:10.530 --> 00:11:18.467 - houses under a thousand square foot is pretty limited. We originally went with one company that wasn't 00:11:18.467 --> 00:11:26.327 - working out well. We hopped over to Clear Creek Homes and they've got very limited. The one they have 00:11:26.327 --> 00:11:34.111 - on the lot I think is 950 square feet and it was not set up well at all for two people let alone two 00:11:34.111 --> 00:11:35.806 - people later in life. 00:11:36.098 --> 00:11:44.746 - when they have mobility issues and stuff like that. So that was one of our main concerns is just making 00:11:44.746 --> 00:11:53.312 - the house as livable as possible once all that goes down. So that's the big thing. Also, I really just 00:11:53.312 --> 00:11:56.222 - wanted to keep the property whole. 00:11:56.386 --> 00:12:02.299 - You know, everybody's splitting properties and subdividing and making every lot size smaller and smaller 00:12:02.299 --> 00:12:08.211 - and smaller. So we really just wanted to keep it the whole 22 acre property. My mom is also here. That's 00:12:08.211 --> 00:12:13.842 - what this house is for is for my parents to move down. They live in northern Indiana and would like 00:12:13.842 --> 00:12:19.642 - to be down here closer to the grandkids. And so she has some things to say. I don't know if we do that 00:12:19.642 --> 00:12:21.726 - now or wait till public comment, but 00:12:22.114 --> 00:12:29.729 - She can speak now and use part of your 15 minutes if you would like, or she can take her own three minutes. 00:12:29.729 --> 00:12:36.991 - That's fine. OK. If she would like to come, is she online or here? Yeah. OK. Yeah. If you could raise, 00:12:36.991 --> 00:12:44.041 - well, let's have tech services unmute her. So if you could raise your virtual hand so tech services 00:12:44.041 --> 00:12:49.470 - knows who to unmute. Judy French. Yeah, tech services, could you? Thank you. 00:12:49.570 --> 00:12:55.450 - Good evening, can you hear me? Yeah, could you raise your right hand and state whether you swear to 00:12:55.450 --> 00:13:01.447 - tell the truth, the whole truth and nothing but the truth? I do. Thank you. You'll have the remainder 00:13:01.447 --> 00:13:07.504 - of the 15 minutes. All right, I won't take long. Good evening, I'd like to thank you for your time and 00:13:07.504 --> 00:13:09.150 - consideration this evening. 00:13:09.314 --> 00:13:16.161 - My name is Judy French. My husband is unable to be here tonight because of his work schedule. But along 00:13:16.161 --> 00:13:22.746 - with my husband, Andy, Megan and I have looked at homes and building companies for about a year and 00:13:22.746 --> 00:13:29.527 - a half. And we've come to the conclusion that Clear Creek Homes as our builder and the floor plan that 00:13:29.527 --> 00:13:36.638 - we've chosen would be a good fit for our housing needs and for the timeline that we feel would work for us. 00:13:37.186 --> 00:13:45.422 - Our experience with Clear Creek Homes so far has been very positive and we look forward to working with 00:13:45.422 --> 00:13:53.421 - them. We currently live in a very small log cabin that's less than 900 square feet. So we understand 00:13:53.421 --> 00:14:01.816 - the restrictions of a small living space. It has been a challenge to be functional with only one bathroom 00:14:01.816 --> 00:14:04.350 - and one bedroom and no storage. 00:14:04.898 --> 00:14:12.741 - Living in this small home has made us realize that we are going to need something different as we age 00:14:12.741 --> 00:14:20.891 - and need help. My health considerations have made it pretty difficult in this small space. We've provided 00:14:20.891 --> 00:14:28.657 - elder care over a 20 year period to both of our parents and an aging uncle and fully understand what 00:14:28.657 --> 00:14:33.886 - it takes to take care of someone and the needs that come with that. 00:14:34.210 --> 00:14:42.769 - Walkers, wheelchairs, bed requirements, toileting aids, having the extra space to accommodate both our 00:14:42.769 --> 00:14:51.162 - needs and someone to help us with our care would be a great benefit to all of us. Andy is an IU grad 00:14:51.162 --> 00:14:58.142 - and has been down there for over 20 years, so we know what a beautiful place it is. 00:14:58.754 --> 00:15:05.994 - Andy, his wife, her family are all deeply rooted in the area and we look forward to joining them and 00:15:05.994 --> 00:15:13.163 - to be a contributing member of the community. We feel so blessed that they've asked us to join them 00:15:13.163 --> 00:15:20.618 - on their property where we will be able to help one another as life gets more difficult. We are excited 00:15:20.618 --> 00:15:27.070 - that we'll get to see our family on a daily basis, especially those little grandchildren. 00:15:28.034 --> 00:15:34.108 - So again, I thank you for your time and your consideration this evening. Thank you, Miss French. Mr. 00:15:34.108 --> 00:15:40.302 - French, did you have anything else to add? You've got about 11 minutes. I think that about covered it. 00:15:40.302 --> 00:15:46.135 - Unless you have any more questions. I don't have any questions. All right. All right. Thank you. 00:15:46.135 --> 00:15:52.148 - Thank you. We can turn now to public comment. Is there anybody here in the room who wishes to speak 00:15:52.148 --> 00:15:56.478 - in favor of this petition? If so, you're welcome to come to the podium. 00:15:57.826 --> 00:16:04.271 - Anyone online who wishes to speak in favor? You're welcome to raise your virtual hand. No one will come 00:16:04.271 --> 00:16:10.468 - back in the room. If there's anybody here who wishes to speak against this petition, please come to 00:16:10.468 --> 00:16:16.293 - the podium. Or if you're online and wish to speak against it, please raise your virtual hand. 00:16:16.293 --> 00:16:22.924 - Seeing no one, we will close public comment and bring this back to the BZA for discussion and or a motion. 00:16:22.924 --> 00:16:26.270 - I find the argument compelling that they want to keep 00:16:26.498 --> 00:16:36.949 - this large parcel of 22 acres together and not subdivided. And I think that there are practical difficulties 00:16:36.949 --> 00:16:47.017 - in terms of what is needed by the family to have an accessory dwelling unit on the property. And I found 00:16:47.017 --> 00:16:55.934 - the testimony to be convincing. So if my colleagues don't object, I'd like to move approval. 00:16:56.482 --> 00:17:04.802 - of this petition. Well, before we make a motion, I want to express some thoughts. Yes. OK? Yes. I did 00:17:04.802 --> 00:17:13.203 - a little. This is a recurrent issue. Yes. We've again and again had somebody as they don't come before 00:17:13.203 --> 00:17:21.523 - us if they make it 1,000 square feet. So we only get one side of the coin. But this has come up again 00:17:21.523 --> 00:17:25.438 - and again. And we've been sympathetic, I think. 00:17:26.210 --> 00:17:35.381 - generally sympathetic. In this case, we've got specific testimony that they lived in a thousand square 00:17:35.381 --> 00:17:44.729 - feet, almost a thousand square feet dwelling. And given their condition and their needs, I think there's 00:17:44.729 --> 00:17:54.078 - sufficient evidence that that's not practical for them and practical difficulties have been. But I also, 00:17:54.306 --> 00:18:04.490 - checked how big is a two-bedroom apartment. And a two-bedroom apartment tends to be under 1,000 00:18:04.490 --> 00:18:15.098 - feet or, you know, 800, 900 to 1,100, 1,200 square feet. And Dr. Google, Professor Google, who also 00:18:15.098 --> 00:18:22.206 - says that a typical two-bedroom house is around 1,000 square feet. 00:18:22.562 --> 00:18:34.552 - I've got a split between what people are telling me and what the web is telling me. Maybe if somebody 00:18:34.552 --> 00:18:43.486 - comes in and makes a case that they need as much space as is designed here. 00:18:44.162 --> 00:18:52.793 - Or that they simply can't find a building plan that suits their needs, which we've heard testimony to. 00:18:52.793 --> 00:19:01.676 - So when it's time to make a motion, I'm glad to have the motion. I'm glad to have it to pass this because 00:19:01.676 --> 00:19:10.558 - of what they've shown. But I wonder at some level whether we want to talk with the commissioners, suggest 00:19:11.682 --> 00:19:21.242 - that we're having trouble with this 1,000-foot limitation and what people are saying to us again and 00:19:21.242 --> 00:19:31.086 - again. And that for an actual couple in there as they're aging to live in 1,000 square feet is probably 00:19:31.086 --> 00:19:41.214 - not practical, and we might suggest 1,500 feet maximum. Now, that's not business we're handling right now. 00:19:41.474 --> 00:19:52.845 - But this has been on my mind since this petition came up. Yes. And my thoughts on that is it's one thing 00:19:52.845 --> 00:20:03.674 - to put extra square footage like 1,500 square feet or 1,400 square feet on a 2.5-acre property than 00:20:03.674 --> 00:20:09.630 - a 22-acre property. And there's a matter of scale that 00:20:09.922 --> 00:20:19.738 - that if we are going to ask the commissioners to change our guidelines, that certainly for a two and 00:20:19.738 --> 00:20:29.457 - a half acre property, 1,000 square feet makes sense as a limitation. But on anything larger than 10 00:20:29.457 --> 00:20:38.398 - acres, I think that more leeway should be afforded to the requester up to 1,500 square feet 00:20:39.042 --> 00:20:47.130 - All right, I tell you what, I think that's very sensible suggestion, and that we will continue to look 00:20:47.130 --> 00:20:55.767 - as to whether anybody who wants a large dwelling can establish to our satisfaction to a majority satisfaction 00:20:55.767 --> 00:21:01.342 - that practical difficulties are present in their individual case. Yes. 00:21:01.570 --> 00:21:12.489 - I think that we have that record in this case. So if you want to make your motion, I am now ready to 00:21:12.489 --> 00:21:23.732 - second it. Okay. With regard to VAR-26-16 for a property at 8660 North Mount Tabor Road, I believe that 00:21:23.732 --> 00:21:29.246 - practical difficulties have been expressed and met 00:21:29.410 --> 00:21:39.501 - that there are conditions on the property and there's a value for keeping the large tract of land together. 00:21:39.501 --> 00:21:49.031 - And that it doesn't seem to inhibit the enjoyment of other properties in the nearby vicinity. And the 00:21:49.031 --> 00:21:57.534 - petitioner has also expressed that they've already looked at other designs and the designs 00:21:57.634 --> 00:22:08.925 - are not satisfactory to the projection of their life going forward and their needs. And so I don't think 00:22:08.925 --> 00:22:19.678 - that the petitioner can reasonably overcome the restrictions without an excessive cost. So I'd like 00:22:19.678 --> 00:22:22.366 - to move approval of this 00:22:22.530 --> 00:22:30.787 - petition the French accessory dwelling unit on the 1000 square foot size limitation. Second. There's 00:22:30.787 --> 00:22:39.208 - been a motion and a second to approve the French accessory dwelling unit size limitations chapter 811. 00:22:39.208 --> 00:22:47.465 - This is for petition AR dash 26 dash 16. Margaret Clements? Yes. Guy Loftman? Yes. Jeff Morris? Yes. 00:22:47.465 --> 00:22:49.918 - Motion carries three to zero. 00:22:51.106 --> 00:22:58.938 - Thank you, health and happiness to your family. Thank you very much. You're welcome. Moving on to the 00:22:58.938 --> 00:23:07.078 - second item on the agenda. This is VAR-26-17. This is the Washington Township sidewalk various to chapter 00:23:07.078 --> 00:23:15.141 - 818. And Mr. Loftman, it appears that staff are recommending approval with no conditions. I'm wondering. 00:23:15.141 --> 00:23:19.134 - In light of that circumstance, I call the question. 00:23:21.154 --> 00:23:28.427 - and suggest that you inquire as to whether they're the buddy who would oppose this petition. Okay, is 00:23:28.427 --> 00:23:35.629 - there anyone here in the room who opposes this petition? If so, could you raise your hand? Seeing no 00:23:35.629 --> 00:23:42.974 - one, is there anyone online who opposes this petition? If so, could you raise your virtual hand? Okay, 00:23:42.974 --> 00:23:47.038 - seeing no one, we will come back to the Board of Zoning. 00:23:48.514 --> 00:24:01.174 - I move that we approve variance 26-17 Washington Township sidewalk variance to chapter 818, 505 West 00:24:01.174 --> 00:24:13.709 - Simpson Chapel Road in Washington Township. I second that, sorry. And for all the reasons set forth 00:24:13.709 --> 00:24:17.470 - in the report. I second that. 00:24:17.666 --> 00:24:25.894 - There's been a motion and a second to approve the washington township sidewalk variants to chapter Eight 00:24:25.894 --> 00:24:33.886 - in petition number var-26-17. I will call the roll Jeff morris. Yes By lofman. Yes Margaret clements. 00:24:33.886 --> 00:24:37.726 - Yes motion carries three to zero and is approved 00:24:38.594 --> 00:24:46.579 - Item number three is CDU-26-1. This is the Turner wireless communication facility conditional use to 00:24:46.579 --> 00:24:54.564 - chapter 812. And again, we have staff recommendation for approval. No, I think it's with conditions. 00:24:54.564 --> 00:25:02.470 - Am I wrong? Let me. My note to myself says with conditions. Staff, did you have conditions on this? 00:25:02.470 --> 00:25:08.478 - I think it's conditional use. I got tricked by conditional use from seeking 00:25:08.674 --> 00:25:15.010 - Conditions. Yeah, there are no careful reading is always an important part of this job So that being 00:25:15.010 --> 00:25:21.596 - the case I moved I call the question Hey, do we have anyone here in the room who wishes to speak against 00:25:21.596 --> 00:25:27.995 - this petition if you could raise your hand to let us know that Seeing no one do we have anyone online 00:25:27.995 --> 00:25:34.142 - who wishes to speak against this petition if you could raise your virtual hand to let us know and 00:25:38.082 --> 00:25:48.615 - Seeing no one, I will bring this back to the meeting. I move we approve item three on our agenda, CDU-26-1, 00:25:48.615 --> 00:25:58.661 - Turner Wireless Communication Facility Conditional Use on one acre parcel in Richland Township at 7721 00:25:58.661 --> 00:26:04.318 - Reeves Road for the reason set forth in the staff report. 00:26:07.330 --> 00:26:15.140 - I second. I'd like to say that the presentation in the packet was very thorough and very well documented 00:26:15.140 --> 00:26:22.728 - and so we appreciate them coming to our community and so I definitely second this. We hope they won't 00:26:22.728 --> 00:26:30.910 - be disappointed by not getting to give an oral presentation. On this beautiful day. On this excellent riddle. 00:26:32.066 --> 00:26:39.114 - All right, there's been a motion and a second for petition CDU-26-1. This is the Turner Wireless 00:26:39.114 --> 00:26:46.525 - Communication Facility conditional use to Chapter 812. Yes, there's a vote to approve the conditional 00:26:46.525 --> 00:26:53.500 - use. Margaret Clements? Yes. Guy Loftman? Yes. Jeff Morris? Yes. Motion carried. Three to zero. 00:26:53.500 --> 00:26:59.966 - Thank you. Thank you. Thank you, Mr. Smith, for your very quick presentation. Thank you. 00:27:01.058 --> 00:27:08.281 - Okay, moving on to item number four. This is ADR-26-1. This is the McWhorter Administrative Appeal to 00:27:08.281 --> 00:27:10.334 - Lot of Record Determination. 00:27:54.626 --> 00:27:55.646 - screen here. 00:28:21.570 --> 00:28:39.804 - really expanded coverage, you know, with that tower. That's really going to be good. Residents. 00:28:39.804 --> 00:28:51.390 - All right. I don't know if this microphone is picking me up. 00:28:53.698 --> 00:29:12.990 - Sean leave or is he coming back? I'm not sure. Sorry, technical difficulties. 00:29:21.378 --> 00:29:49.278 - I'm going to try one more time to share a different way. I don't know why. 00:29:51.074 --> 00:30:09.316 - won't let me share the whole screen. Okay. There it is. I learned something new. Old tab I didn't know 00:30:09.316 --> 00:30:18.526 - existed. All right. So this is case number ADR dash 00:30:18.626 --> 00:30:26.759 - 26-1, it's an appeal of the director's issuance of a lot of record determination. There is a recommended 00:30:26.759 --> 00:30:34.892 - motion to affirm the administrator's determination. I have included the rules of procedure for the Board 00:30:34.892 --> 00:30:42.948 - of Zoning Appeals as reference, because there are a few things in there that are relevant to an appeal. 00:30:42.948 --> 00:30:47.518 - We don't see these that often, so I gave those to you just 00:30:47.682 --> 00:30:53.694 - in case you wanted to review. And then the County Development Ordinance discusses the applicability, 00:30:53.694 --> 00:30:59.647 - the appeal procedure, and the fact that you do have powers and duties to hear and determine appeals 00:30:59.647 --> 00:31:05.600 - from any order, requirement, decision, or determination made by an administrative official or staff 00:31:05.600 --> 00:31:07.326 - member under this ordinance. 00:31:09.090 --> 00:31:17.504 - There are eight exhibits within the packet, so I'm hoping that you had a chance to familiarize several 00:31:17.504 --> 00:31:25.672 - of these. I will be kind of going over each of these for the presentation and just mostly scrolling 00:31:25.672 --> 00:31:33.841 - through the packet. The petitioner here is Lacey R. McWhorter and Robert W. McWhorter Jr. There are 00:31:33.841 --> 00:31:38.334 - two residences on the parcel or lot of record at hand. 00:31:38.626 --> 00:31:47.040 - 1837 East Sanders 2nd Avenue and 1845 East Sanders 2nd Avenue. I put both parcel numbers there. And 00:31:47.040 --> 00:31:55.791 - we call this platted because we do have evidence that the McWhorter minor subdivision was approved back 00:31:55.791 --> 00:31:57.726 - in the 90s, I believe. 00:31:59.554 --> 00:32:06.509 - So summary, you guys heard this last month, but from a different context entirely. So the petitioner 00:32:06.509 --> 00:32:13.465 - residing at 183070 Sanders Second Avenue applied for residential construction planning redesign, the 00:32:13.465 --> 00:32:20.558 - PILP-124 to construct a detached accessory structure. The property associated with the application was 00:32:20.558 --> 00:32:25.310 - made up of two non-contiguous parcels, which is an unusual scenario. 00:32:25.410 --> 00:32:32.593 - This lot layout required planning department staff to conduct more research as it did not directly align 00:32:32.593 --> 00:32:39.708 - to our definition of lot of record within the CDO In the process of said research staff found that this 00:32:39.708 --> 00:32:46.685 - parcel was involved in the McWhorter minor subdivision and approved in 1990 and subsequently recorded 00:32:46.685 --> 00:32:52.158 - in February 20th of 1991 said subdivision depicted the parcels of 1837 East and 00:32:52.290 --> 00:33:00.662 - Sanders 2nd Avenue and 1845 East Sanders 2nd. One legal 10.41 acre property per a lot of record definition 00:33:00.662 --> 00:33:08.878 - under the CDO. Keep the proposed construction project moving forward, the petitioner acquired a variance 00:33:08.878 --> 00:33:16.702 - from the Karst Conservancy area standards from the Board of Zoning Appeals last month, May 6, 2026. 00:33:17.314 --> 00:33:25.122 - But they continued their request to convert the home at 1837 East Sanders Second Avenue to a detached 00:33:25.122 --> 00:33:33.006 - accessory dwelling unit in order to appeal the lot of record determination. If the lot of record staff 00:33:33.006 --> 00:33:40.890 - determination is affirmed, the petitioner may continue forward with the daddy request in order to keep 00:33:40.890 --> 00:33:45.406 - the second residence and construct the accessory structure 00:33:45.794 --> 00:33:53.322 - Or they may seek another planning process that would allow two residences on the same lot of record. 00:33:53.322 --> 00:34:00.850 - Right, so in the background section, we have the definition for lot of record under Chapter 850. And 00:34:00.850 --> 00:34:08.825 - it's the very first sentence that staff hung their hat on, that a lot, which was created by a subdivision, 00:34:08.825 --> 00:34:11.806 - the plat of which has been approved and 00:34:13.794 --> 00:34:20.807 - as required by applicable county, city, and state law recorded in the office of the Monroe County recorder 00:34:20.807 --> 00:34:27.428 - or parcel of land, the bounds which have been legally established by separate deed fully recorded by 00:34:27.428 --> 00:34:34.048 - the office of Monroe County recorder. We believe that that 10.41 acre lot fit that description. Then 00:34:34.048 --> 00:34:38.046 - when staff re-reviewed the McWhorter minor subdivision file, 00:34:38.242 --> 00:34:45.028 - There were some early references using a 7.14 acre parcel to be used for the subdivision as shown in 00:34:45.028 --> 00:34:52.285 - the agenda and legal notices in exhibit 13, or sorry, exhibit three. These documents, just from experience, 00:34:52.285 --> 00:34:59.407 - they would have been created early on in the review process by staff because you have to have your agenda 00:34:59.407 --> 00:35:04.446 - laid out in order to send out public notices. So we do that kind of first. 00:35:04.834 --> 00:35:13.627 - But then later on in the file, the staff report, the meeting minutes, there's a deed to the 2.19 acre 00:35:13.627 --> 00:35:22.593 - lot that was recorded in 1990. Those, following that subdivision approval, all reference the 10.41 acre 00:35:22.593 --> 00:35:31.645 - property on the survey. So Fishner's residence, I say it's built around 2003. That's when the assessor's 00:35:31.645 --> 00:35:33.886 - office picked it up to be 00:35:34.210 --> 00:35:40.533 - taxed. I don't know exactly when that was built. We don't have any records of them obtaining an improvement 00:35:40.533 --> 00:35:46.446 - location permit. Oftentimes people will claim a log cabin request for building a structure, but that 00:35:46.446 --> 00:35:52.417 - doesn't necessarily exempt them from an improvement location permit to make sure they're not building 00:35:52.417 --> 00:35:58.272 - in a floodplain. We also kind of like to confirm that there's a lot of record there as well. So the 00:35:58.272 --> 00:36:01.726 - staff lot of record determination letter, which is exhibit 00:36:01.826 --> 00:36:09.653 - Six explains that an amendment to the recorded minor subdivision, with that 10.41 acres, that would 00:36:09.653 --> 00:36:17.480 - have had to occur in order to allow an additional lot for the home at 1837 East Sanders Avenue. And 00:36:17.480 --> 00:36:25.541 - because they never applied for permits, I think we didn't catch it during that time. So I imagine that 00:36:25.541 --> 00:36:31.646 - we'll look at this diagram here quite a bit this evening. A little bit solid. 00:36:31.778 --> 00:36:39.409 - So what we currently have is lot one is a five acre parcel. And we did have addresses that switched. 00:36:39.409 --> 00:36:47.116 - So if you're really paying close attention to the minor subdivision file folder versus permits versus 00:36:47.116 --> 00:36:54.822 - what we see today, there are some address shifts in time. We had, I think it was in 2017 that we kind 00:36:54.822 --> 00:36:59.582 - of did an overhaul of this area for addressing and road names. 00:37:00.066 --> 00:37:07.847 - have to list both of them. But there's a five acre lot listed under the blue number one. And we believe 00:37:07.847 --> 00:37:15.329 - that during that minor subdivision process, it combined with the 3A and three portions to make that 00:37:15.329 --> 00:37:23.110 - 10.41 acre lot. The green number two, that is the one that we have as the 2.19 acre lot. And that seems 00:37:23.110 --> 00:37:29.470 - like a very legitimate subdivision lot that was created. A few other things to note. 00:37:29.634 --> 00:37:37.492 - If you are at 3 and 3A, they both list under the assessor's office, the auditor's property report card 00:37:37.492 --> 00:37:45.350 - is 5.26 acres total. And then also those parcel numbers are the same. And so we just don't usually see 00:37:45.350 --> 00:37:53.055 - that split. Usually if someone has several parcels making up a lot of record, they're contiguous. In 00:37:53.055 --> 00:37:58.014 - this case, they weren't. You had to take a deeper dive into why. 00:38:01.602 --> 00:38:08.448 - my own kind of clarity and trying to organize the report. I kind of listed off all of the deeds that 00:38:08.448 --> 00:38:15.227 - are referenced and kind of listed them in order and gave them the acreage to the side there. I also 00:38:15.227 --> 00:38:22.073 - kind of included a few other major things that occurred out here, mostly specifically with the minor 00:38:22.073 --> 00:38:28.988 - subdivisions such as the fourth line down. We have a septic permit that was issued in August of 1990. 00:38:28.988 --> 00:38:30.750 - I do have that, you know, 00:38:30.850 --> 00:38:39.003 - We have the survey that's in the packets, the original with the surveyors stamp. It was not recorded 00:38:39.003 --> 00:38:47.398 - yet. It doesn't get recorded until February. And then the items in purple are also associated with that 00:38:47.398 --> 00:38:55.712 - McWhorter file for the subdivision. So we have the application, a driveway permit, the plan commission 00:38:55.712 --> 00:39:00.798 - approval. There's a letter from plan commission and the staff. 00:39:01.410 --> 00:39:11.069 - that allow the 2.19 acre to be recorded in November 2nd of 1990, that is just shortly after it was approved. 00:39:11.069 --> 00:39:20.018 - And this would then allow that person to record the deed and start their building permits getting in 00:39:20.018 --> 00:39:28.702 - order. And I will say that that deed from November 2nd, 1990, it references the 10.41 acre survey 00:39:29.154 --> 00:39:38.086 - has what we believe a lot of record. And there's an easement that's within that also. Minutes that were 00:39:38.086 --> 00:39:46.674 - shared with the McWarders. And then we finally, in February, see Tract 1 survey and Tract 1A survey 00:39:46.674 --> 00:39:55.348 - recorded. And then we kind of get into some very interesting. So we have the house built on the 2.19 00:39:55.348 --> 00:39:56.894 - acre lot in 1991. 00:39:57.122 --> 00:40:04.686 - And then we start seeing deeds that don't fully make sense to us. One of them was from 1999. This deed 00:40:04.686 --> 00:40:12.103 - in order to create the lot that was taken out of a seven acre parcel would have needed a subdivision 00:40:12.103 --> 00:40:19.740 - process. And they did not come to the planning department to do that. And then we have a corrected deed 00:40:19.740 --> 00:40:25.982 - that's after that. We then see in the aerials that the house has been built sometime 00:40:26.562 --> 00:40:36.012 - or at least the property report card says 2003, and then two more instruments. The most current deed 00:40:36.012 --> 00:40:45.556 - doesn't even list the acreage. And then in exhibit four, as I was reviewing the staff file from 1990, 00:40:45.556 --> 00:40:54.444 - I did see those discrepancies where sometimes it was mentioned at 7.14. So basically that 7.14 00:40:54.444 --> 00:40:56.222 - makes up the 2.19. 00:40:56.930 --> 00:41:05.517 - 5.26 acres combined and leaves out the five acres, which is to the east. But then as time progresses, 00:41:05.517 --> 00:41:14.273 - everything then references that whole surveyed parcel 10.41 and 2.19. Exhibit five are things that were 00:41:14.273 --> 00:41:21.598 - found in the 1990 file for the McWarner Minor subdivision. We have the subject permit. 00:41:26.754 --> 00:41:38.540 - We also have this, this is the survey with the original stamps in red ink from Lee Oot. And thank you. 00:41:38.540 --> 00:41:50.556 - And then we have the tract one legal description of 10.41 acres. And we have the tract one A description 00:41:50.556 --> 00:41:55.934 - of 2.19 acres. Here we have the survey itself. 00:41:57.026 --> 00:42:05.507 - And then also, I hadn't seen this before, but we have the, this property in the staff report was noted 00:42:05.507 --> 00:42:13.988 - as being in the Lake Monroe watershed. It's also depicted that there's a karst feature in this. That's 00:42:13.988 --> 00:42:22.469 - the depressed area right here. And so this was what you guys granted that variance from for the garage 00:42:22.469 --> 00:42:25.022 - month. This is the letter from 00:42:25.506 --> 00:42:34.784 - for the specific request for making this subdivision. And then we have a driveway permit that was later 00:42:34.784 --> 00:42:43.705 - submitted, references the address, old address before it was changed. And this is the staff report, 00:42:43.705 --> 00:42:52.894 - where the staff report mentions the 12.60 acres and they're doing in order to create the 2.1 acre lot. 00:42:54.178 --> 00:43:02.245 - They mentioned the non-exclusive easement, which we do see in deeds. Those easements always reference 00:43:02.245 --> 00:43:10.470 - the 10.41 acre lot. And I did find it interesting that, yeah, they do mention that the permit was, that 00:43:10.470 --> 00:43:18.775 - this was the most desirable area to develop both topographically and aesthetically for their son's home. 00:43:18.775 --> 00:43:23.678 - So that's the one on the 2.19 acre lot. And then the staff's, 00:43:23.938 --> 00:43:34.451 - location map references the entire 12 plus acres. We have the letter from November 2nd, 1990 that basically 00:43:34.451 --> 00:43:44.575 - escorts a deed to go be recorded for the 2.19 acres that occurred for the two lot subdivision date that 00:43:44.575 --> 00:43:53.726 - was approved on October 16th. And then I didn't include the deed here because it does show up 00:43:53.986 --> 00:44:02.045 - later on in the exhibit eight from John Bethel title. So I did not include that deed again. Didn't want 00:44:02.045 --> 00:44:09.794 - to be too redundant. These are the minutes and the minutes reference minor subdivision and the 2.19 00:44:09.794 --> 00:44:17.544 - acre being created from 12.6. We have a letter, a copy of the letter that was sent to the McWarders 00:44:17.544 --> 00:44:19.326 - with enclosed minutes. 00:44:21.538 --> 00:44:30.246 - In the file, I found reference here to this area that my cursor is over. I'm not sure if you can see 00:44:30.246 --> 00:44:39.212 - that, but they circled basically the seven acre portion, not the entirety with the added five. And then 00:44:39.212 --> 00:44:47.230 - also the legal notices, which reference the 7.14. So that's a discrepancy. And a little note 00:44:47.330 --> 00:44:53.973 - in the file and I can't tell you if this was purposely scribbled out or not but it talks about the existing 00:44:53.973 --> 00:45:00.432 - house on the adjacent five acre properties on a separate five acres got crossed out I'm not sure exactly 00:45:00.432 --> 00:45:06.767 - if that means it's not a separate five acre lot or if they were going to keep it together yet that was 00:45:06.767 --> 00:45:13.164 - just something I wanted to present as a finding. I didn't want to bury any of this information and then 00:45:13.164 --> 00:45:16.670 - just planning staff we have a card catalog for petitions 00:45:17.058 --> 00:45:25.669 - prior to 1997. It's a great catalog that we use a lot for reference, and that does reference here the 00:45:25.669 --> 00:45:34.196 - 12.6 acres. So then we have this planning lot of record determination. Would you want me to read it? 00:45:34.196 --> 00:45:43.230 - I think about four pages. I have to request just a minute or two break. I think I forgot to pay the meter. 00:45:44.258 --> 00:45:53.792 - And so I better run down there and pay my parking meter. I'm sorry. And since we'll break quorum, let's 00:45:53.792 --> 00:46:03.234 - just take a quick break. Yep. Well, it's easier if I do it because it's with a credit card. Okay, I'll 00:46:03.234 --> 00:46:10.110 - give it to Drew. See if I can give you change. Can you use my credit card? 00:46:14.722 --> 00:46:29.860 - this. Yeah, it's about three quarters in there. So you're an Acapulco. Sorry about that. Sorry. 00:46:29.860 --> 00:46:43.422 - Thank you. Sorry about that. I obviously I'm not hitting on all cylinders. Thank you. 00:46:44.802 --> 00:46:54.465 - Okay, so we have three more exhibits to go over. This one is the staff's letter of determination. 00:46:54.465 --> 00:47:04.325 - Kind of in, I believe, two parts. This was done by Director Gellin prior to her absence. So this is 00:47:04.325 --> 00:47:11.326 - what she had sent April 15th to the petitioner. There's a portion from 00:47:11.426 --> 00:47:21.332 - April 18th that references the April 2nd letter. And then we have also then the April 2nd letter, which 00:47:21.332 --> 00:47:31.523 - is where we kind of had reviewed the minor subdivision file, had reviewed the lot of record determination, 00:47:31.523 --> 00:47:40.286 - or legal, the description, sorry, the definition of lot of record. And then we also kind of 00:47:41.506 --> 00:47:48.416 - them what we thought was the relevant information at the time to say that we thought it was a lot of 00:47:48.416 --> 00:47:55.395 - record. We gave them the ability to appeal and gave them a very specific date which they did meet and 00:47:55.395 --> 00:48:02.510 - that's why they're here this evening. And I think really it was that the re-separation of the 1999 deed 00:48:02.510 --> 00:48:07.710 - would have required an amendment to the recorded minor subdivision that was 00:48:08.418 --> 00:48:15.693 - originally in 1990, and we do not have a record of this occurring. The title company that submits information 00:48:15.693 --> 00:48:22.572 - for exhibit eight also was unable to find something like that as well. So for the CDO, only one primary 00:48:22.572 --> 00:48:29.781 - structure can be placed on a legal lot of record. And since there are two established homes on the property, 00:48:29.781 --> 00:48:35.998 - we need to address first the legal lot of record question before we can proceed with the ILP. 00:48:36.194 --> 00:48:44.399 - They're here basically, they could convert to the DADU and continue next month with that petition. Or 00:48:44.399 --> 00:48:52.765 - they're doing the appeal here to see if the evidence that's being supplied by staff and then also their 00:48:52.765 --> 00:49:01.050 - exhibits will make a different outcome and that you think there are two legal lots of record here. But 00:49:01.050 --> 00:49:04.670 - then the John Bethel Title Company submitted 00:49:05.058 --> 00:49:18.634 - a lot of information. Would you want me to read their letter or were you able to take time to do that? 00:49:18.634 --> 00:49:32.210 - I have looked at it again and again. Okay. Yeah, this was a tricky report for me to write. We have it. 00:49:32.210 --> 00:49:34.846 - I think we all have 00:49:35.394 --> 00:49:43.126 - Thank you. All right. So then, and then the John Bethel title company has a lot of basically that spreadsheet 00:49:43.126 --> 00:49:50.366 - that I made earlier for exhibit two, the timeline. It goes over each one of these deeds and these were 00:49:50.366 --> 00:49:57.536 - ones that we had reviewed as staff as well. And so it was helpful that they were able to supply these 00:49:57.536 --> 00:49:58.942 - as well and kind of 00:49:59.074 --> 00:50:08.147 - what we had been seeing, but they also then went above and beyond and kind of made matches to the different 00:50:08.147 --> 00:50:16.548 - parcel numbers and the different acreages for each of these deeds. So I'm just gonna kind of scroll 00:50:16.548 --> 00:50:25.370 - through here. And a lot of these should be matching that Excel spreadsheet that I did for exhibit three. 00:50:25.370 --> 00:50:27.806 - And then this is the survey. 00:50:28.994 --> 00:50:36.288 - description for the 10.41 acres for Track 1, Track 1A. I did include those. This is the survey that 00:50:36.288 --> 00:50:44.093 - was also included in the file. And then this is the deed here from 1999, where it does say, they highlight 00:50:44.093 --> 00:50:51.461 - here the grantor represents that he is the widower of Estella Louise McWhorter, deceased, who died a 00:50:51.461 --> 00:50:58.974 - resident of Monroe County on the 26th day of August, 1998. So it looks like they were sort of settling 00:50:59.106 --> 00:51:09.249 - A state in this quick claim deed and then shortly thereafter. This one is the one that in 2000 where 00:51:09.249 --> 00:51:17.182 - they are correcting this to correct the legal description. From the 1999 deed. 00:51:33.026 --> 00:51:42.206 - And then finally, then we still have a few more deeds that staff just disagrees that they weren't really 00:51:42.206 --> 00:51:51.560 - executed properly at the recorder's office. The 1999 deed really should have gone through that subdivision 00:51:51.560 --> 00:52:00.478 - process to break it from that 10.41 acres, provided a vesting deed as well, which doesn't contain the 00:52:05.090 --> 00:52:14.085 - I think that the acreage is not listed here, but it does accept the 2.19 acres. The 2.19 acres was accepted 00:52:14.085 --> 00:52:22.580 - in the minor subdivision from the original 12 acres. And then finally, we have exhibit nine, which is 00:52:22.580 --> 00:52:30.908 - from Deckard land survey. And I'm hoping that you were able to read through this. They just kind of 00:52:30.908 --> 00:52:32.990 - summarized and looked at 00:52:33.410 --> 00:52:40.774 - the instrument numbers for the different deeds to these properties and did their own analysis. 00:52:40.774 --> 00:52:49.069 - And I will say, you know, planning staff, we were using our definition of lot of record. We were referring 00:52:49.069 --> 00:52:57.053 - to the minor subdivision files and they came to some findings, which I could read those three findings 00:52:57.053 --> 00:52:58.526 - if you want me to. 00:52:59.586 --> 00:53:06.931 - The beginning of the packet, I believe staff is recommending that you would uphold the lot of record 00:53:06.931 --> 00:53:14.567 - determination, affirm the director's issuance of the lot of record determination. I will take questions. 00:53:14.567 --> 00:53:21.912 - Do any members of the BCA have questions or do we want to go ahead and turn to the petitioner? Let's 00:53:21.912 --> 00:53:26.494 - hear the petitioner, thank you. I assume you're Mr. McWhorter. 00:53:27.106 --> 00:53:42.530 - If you could raise your right hand, first of all, sign in and then raise your right. Is there a structure? 00:53:42.530 --> 00:53:53.630 - You swear to tell the truth, the whole truth and nothing but the truth? Yes. 00:53:53.762 --> 00:54:00.140 - Thank you. If you can state your name for the record, then you'll have 15 minutes to share your story 00:54:00.140 --> 00:54:06.581 - with us. Robert McQuarter Jr. And then I apologize if my radio goes off. I am on duty. So my battalion 00:54:06.581 --> 00:54:13.084 - chief here in the cities allowed me to be here tonight. But if there is a fire, I will have to abruptly 00:54:13.084 --> 00:54:18.462 - go ahead and leave. We fully understand. Thank you for your service to the community. 00:54:18.754 --> 00:54:26.915 - lot of information there a lot I've learned a lot through this whole process it's been stressful I can 00:54:26.915 --> 00:54:34.997 - tell you that much it's been. A lot of dollars that I wasn't planning on but ultimately I'm glad that 00:54:34.997 --> 00:54:42.366 - we found some of these things so it could potentially get fixed and so I guess my story and. 00:54:43.170 --> 00:54:50.018 - What my proof is to this is basically what john Bethel title company is saying in the letter also paired 00:54:50.018 --> 00:54:56.736 - with Eric Deckard land surveying. And it took me a few weeks, I know I was on a timeline to get on the 00:54:56.736 --> 00:55:03.715 - bza's approval for the variances that's why I went ahead and started with director jellings recommendation 00:55:03.715 --> 00:55:06.846 - I thought that was my only option at that time. 00:55:07.106 --> 00:55:14.332 - And hadn't been able to speak with air Decker the land surveyor who is actually the great grandson of 00:55:14.332 --> 00:55:21.486 - Leah. Right. And has a lot of his documents and stuff inside of their office. And it was unfortunate 00:55:21.486 --> 00:55:28.995 - because his father was actually in the hospital. So it was like to the day before I came for the variance 00:55:28.995 --> 00:55:31.262 - meeting. He actually called me. 00:55:31.490 --> 00:55:37.855 - back and he was like do not go through with the daddy he was very very stern with me was like do not 00:55:37.855 --> 00:55:44.220 - go down that just yet I don't think that's the smart way to go with this. Let me pull my records and 00:55:44.220 --> 00:55:50.270 - do a deed exhibit and which again this money out of my pocket I had to pay for them to do that. 00:55:50.338 --> 00:55:57.370 - And basically what his information was was that, yes, there was a survey done in 1990 and it did go 00:55:57.370 --> 00:56:04.472 - to the recorder's office, but it was never formalized and it was never needed properly. And it never 00:56:04.472 --> 00:56:10.590 - went through the correct functions to actually turn into the deed for the 10.41 acres. 00:56:10.658 --> 00:56:17.423 - Also, as well, we met with Director Gellin, my father and my grandfather, and kind of explained to her 00:56:17.423 --> 00:56:24.122 - at the time what my grandfather was doing. It wasn't the process of combining the 10.41 acres because 00:56:24.122 --> 00:56:30.953 - he never wanted it all to be his anyways. He wanted the east portion right there, one, to go to my dad, 00:56:30.953 --> 00:56:38.046 - the 3A portion to go to his youngest son, and what they completed in number two was to his middle-aged son. 00:56:38.210 --> 00:56:46.200 - And then he was to live in the three with my now late grandmother is where the plan was supposed to 00:56:46.200 --> 00:56:54.190 - be. So all three boys and then him were on the same acreage and lots that he had purchased from his 00:56:54.190 --> 00:57:02.180 - father and his uncle, which is my great grandfather and my great uncle, which if you go back before 00:57:02.180 --> 00:57:07.294 - 1990, it was split up into two 14 or it was one 14 acre parcel. 00:57:07.554 --> 00:57:14.411 - that those two brothers bought off of boy what is that guy's name brain fart he's a really really rich 00:57:14.411 --> 00:57:21.134 - guy and he owned a lot of property in Monroe County and I can't think of his last name right now but 00:57:21.134 --> 00:57:27.858 - they bought it so seven acres on each side of the driveway there and then it got subdivided that one 00:57:27.858 --> 00:57:33.982 - property to the south below one is my great uncle's so it's our whole family back there and 00:57:34.146 --> 00:57:42.024 - When I started to apply to build my garage, I found out that they found this discrepancy with the 10.41 00:57:42.024 --> 00:57:49.600 - 2.19 and all that and to me. I see the discrepancies, but I can tell you from my grandfather's sake 00:57:49.600 --> 00:57:56.190 - and what he was trying to accomplish and he's on vacation or he'd be here with me was. 00:57:56.482 --> 00:58:03.219 - there was no malicious activity there whatsoever to try to get anything through the county. His house 00:58:03.219 --> 00:58:09.956 - was built in 2001 to. I believe which is three, which is my house now and they did 90% of the work he 00:58:09.956 --> 00:58:16.759 - built it. So I believe at that point in time there was no as long as you did 90% of the work there was 00:58:16.759 --> 00:58:23.430 - no building permit or anything needed at that time. There was already a septic permit for that whole 00:58:23.430 --> 00:58:26.270 - section. That was actually there on three. 00:58:26.562 --> 00:58:33.262 - under my great uncle's there was a septic permit already there so all he had to do was. Just re change 00:58:33.262 --> 00:58:39.832 - that which there is records of him adding more to that septic system there at that time and then the 00:58:39.832 --> 00:58:46.922 - only determination at that point I believe was why was it disconnected. And that law in the top or northwest 00:58:46.922 --> 00:58:54.142 - corner was supposed to be for my youngest uncle at that point in time and it is connected at that easement but 00:58:54.434 --> 00:59:02.121 - due to my grandpa retiring from Yellow Freight a long time ago and they were threatening his pension, 00:59:02.121 --> 00:59:09.884 - he needed to sell the house and I wanted to keep it in the family. So me and my family bought that off 00:59:09.884 --> 00:59:17.647 - of him and he actually bought my house on South Fairfax Road. And I believe at some point in time that 00:59:17.647 --> 00:59:21.566 - if the title company did searches on that property, 00:59:21.954 --> 00:59:27.900 - they would have found if there was a recorded document somewhere when they did the title search that 00:59:27.900 --> 00:59:33.845 - they would have told me I was buying ten point four one acres that included my father's house. And I 00:59:33.845 --> 00:59:39.967 - think that's what John Bethel title companies emails also describing is that through me buying my house 00:59:39.967 --> 00:59:46.089 - refinancing it again to get a home equity line in my father also since ninety nine refinancing a couple 00:59:46.089 --> 00:59:50.622 - times this is never come up. And if we have to go through the daddy process. 00:59:50.786 --> 00:59:58.036 - that is going to be a very regular process on our side because then we'll have to go to the auditor's 00:59:58.036 --> 01:00:05.358 - office and everything to say okay who pays property taxes now on the one property. Because if you look 01:00:05.358 --> 01:00:12.609 - at G I S it clearly do you have that. This is Berman the G I S pulled up. All I mean this these parts 01:00:12.609 --> 01:00:19.006 - are from the G I S okay yeah so three and three a when you highlighted it shows up as one 01:00:19.458 --> 01:00:26.833 - property and property taxes and everything since 2000 have aligned with that and same thing with one 01:00:26.833 --> 01:00:34.354 - you click on that one and ever since that one has been. On there the property taxes has always aligned 01:00:34.354 --> 01:00:41.802 - with five acres as separate parcels and all the way back to when they weren't even known by my father 01:00:41.802 --> 01:00:43.262 - and my grandfather. 01:00:43.490 --> 01:00:50.808 - which were been my great grandfather and great uncle, they were separated. They had separate separate 01:00:50.808 --> 01:00:58.127 - permits and they had separate driveway permits, I believe, at that time. And the only thing that ever 01:00:58.127 --> 01:01:05.445 - changed between there was the 2.19 acres for my uncle. And what Eric Deckard, the land survey stated, 01:01:05.445 --> 01:01:12.190 - is that he feels like that was just a formal idea that his grandfather possibly came up with. 01:01:12.322 --> 01:01:20.142 - But it never got completed and never came to fruition when it came to the deeds. And so I feel like 01:01:20.142 --> 01:01:28.196 - if I have to move forward with the dad do that, that would be a very tricky subject to go through. And 01:01:28.196 --> 01:01:36.173 - if my father decides, since he's now retired from the fire department for serving Monroe County, that 01:01:36.173 --> 01:01:37.502 - he would have to 01:01:38.178 --> 01:01:44.357 - we'd have to basically get permission to sell this house right if it was underneath 110.41 acre lot 01:01:44.357 --> 01:01:50.782 - and then the next option I was told would to be then come to you guys about what you were talking about 01:01:50.782 --> 01:01:57.208 - earlier right the whole dad do accessory dwelling situation because that house is over 1500 square feet 01:01:57.208 --> 01:02:04.190 - or over the 1000 square feet so that's what that other variances that I continued but then also we would have to 01:02:04.290 --> 01:02:11.608 - I would have to try to convince you guys to no longer have two 10 acre lots to subdivide that we would 01:02:11.608 --> 01:02:18.713 - have to do five acre lots. And then that would get into the commissioners and everything else right 01:02:18.713 --> 01:02:25.818 - later on next year, and a long drawn out process. So I hope to find grace, I think that we can move 01:02:25.818 --> 01:02:33.136 - forward and just keep these as two separate lots like they have been for the last. I don't know as far 01:02:33.136 --> 01:02:33.918 - as I know. 01:02:34.306 --> 01:02:46.261 - And I can then apply for a building permit to build my garage right where we talked about during the 01:02:46.261 --> 01:02:58.098 - last variance with the cars feature. So thank you for your time. Thank you, sir. Any members of the 01:02:58.098 --> 01:03:03.070 - BZA have concern Mr McWhorter. If if. We. 01:03:05.794 --> 01:03:13.816 - want to put the new the new house on 3a is that right no no I want to put the new garage on three on 01:03:13.816 --> 01:03:21.760 - three yes okay on the south side of three which there was a we didn't include the site plan in this 01:03:21.760 --> 01:03:28.670 - one right okay well let me let me follow up there's there's going to be two residences 01:03:29.186 --> 01:03:37.454 - there's never going to be two residents. I'm asking you guys to accept my appeal so we don't put two 01:03:37.454 --> 01:03:45.803 - residences on the same 10.41 acre lot. OK, but do you want to build a second residence someplace? No, 01:03:45.803 --> 01:03:54.153 - no, I want to build a garage. On my three and three a property and keep my dad's one separate. On his 01:03:54.153 --> 01:03:57.918 - property. That's that's what I'm seeking, OK? 01:03:58.050 --> 01:04:08.150 - I guess what I'm confused is if there's a garage and nobody's gonna live in the garage. Can somebody 01:04:08.150 --> 01:04:18.250 - help me on this? If there's a garage, if it's not a separate dwelling unit. So what we see here in a 01:04:18.250 --> 01:04:25.950 - survey, so this is the survey here that we're looking at. Track one is 10.41 01:04:26.082 --> 01:04:35.200 - acres. There's a note on here that there's an existing home. This is 1990, so this is the existing home. 01:04:35.200 --> 01:04:44.926 - This is the 2.19 acre that was created for another home, and there is a deed, the deed references this lot, and 01:04:45.282 --> 01:04:51.502 - The home that we're talking about is down here on that portion three that I have in that one diagram. 01:04:51.502 --> 01:04:58.027 - So this is the home. Currently then, according to this survey and according to the subdivision and staff's 01:04:58.027 --> 01:05:04.186 - determination, there are two homes on this 10.41 acres. And we are just now becoming aware that this 01:05:04.186 --> 01:05:09.918 - is what we would consider one lot of record because they applied for a permit for the garage. 01:05:10.146 --> 01:05:18.767 - They got the garage a variance to be in the car's conservancy area. They are unable to pull a permit 01:05:18.767 --> 01:05:27.814 - until we either deem that these are two separate lots of record and you go against staff's determination, 01:05:27.814 --> 01:05:36.520 - or he continues next month and is able to get a dadu determination to turn that existing home into an 01:05:36.520 --> 01:05:38.654 - accessory dwelling unit. 01:05:38.882 --> 01:05:48.307 - So there is a home on what's, let's go back to the color, to the EPS, okay. There is a home on one. 01:05:48.307 --> 01:05:57.072 - Yes, that was in the survey and it's a little picture. And there's a home on three. Correct, 01:05:57.072 --> 01:06:04.894 - that we know. Are those the two homes that are on one lot of record? Correct, yes. 01:06:06.978 --> 01:06:16.523 - Is everything in yellow the one lot of record? So we have different parcel numbers that show up. So 01:06:16.523 --> 01:06:26.450 - the 3 and the 3A have the same parcel number, which was curious to staff. We don't see that very often. 01:06:26.450 --> 01:06:35.614 - And then we found the file for the McWhorter subdivision, which shows that 3A, the 1, and the 3 01:06:35.778 --> 01:06:43.018 - were all tied together as one lot of record during that subdivision, and then the number two green lot 01:06:43.018 --> 01:06:50.117 - was created in that subdivision. So it was a two-lot subdivision. Could you show me with your cursor 01:06:50.117 --> 01:06:57.216 - where the garage is going? The garage, I believe, is going... The parcel lines are just a little bit 01:06:57.216 --> 01:07:02.558 - off here, but I think it's gonna be going roughly just south of this house. 01:07:03.106 --> 01:07:11.983 - and it was going to be encroaching into the Karsh Conservancy area. But it got a variance. But we won't 01:07:11.983 --> 01:07:20.518 - allow that to be built and have a permit pulled until we either remedy the situation that these two 01:07:20.518 --> 01:07:29.822 - houses are on the same lot of record or one of these houses is converted basically into a detached accessory 01:07:29.822 --> 01:07:31.102 - dwelling unit. 01:07:32.674 --> 01:07:45.991 - from my perspective, lots that are called one and three have been different lots by people on the ground. 01:07:45.991 --> 01:07:58.679 - They- Like I said- Mr. Schilling, can you edify us? Yeah, the answer is yes and no. I mean, we had a 01:07:58.679 --> 01:08:01.694 - situation where I think 01:08:02.402 --> 01:08:14.197 - There was probably 14 acres or so in this area. This was off, leaving about 12 in the yellow, 12 point 01:08:14.197 --> 01:08:25.648 - some acres, okay? In 1990, by this chunk out, and so they got a subdivision approval that when they 01:08:25.648 --> 01:08:30.686 - went before the plan commission, they said, 01:08:31.298 --> 01:08:44.272 - that they were taking 2.19 acres out of this 12 acres. Okay, so there was 2.19 in point for one acre 01:08:44.272 --> 01:08:57.374 - track now previously. It was as as Mister reporter state this track right here in 89 is that correct. 01:08:57.474 --> 01:09:07.981 - in in 89 yes so and then this was a separate track but reason for Jackie's opinion is was within 1990 01:09:07.981 --> 01:09:18.384 - when they came in for this he described this as a single track of 12 they were taking 2.19 out after 01:09:18.384 --> 01:09:26.110 - the subdivision was approved with the they filed a deed for this which the 01:09:26.530 --> 01:09:37.152 - because of the subdivision, so they got her permission to do this. This deed was recorded, and when 01:09:37.152 --> 01:09:47.880 - it was recorded, it referenced an easement to the 10.41 acre tract, okay? And then subsequently, the 01:09:47.880 --> 01:09:55.422 - survey that you've seen shows this as a 10.41 acre tract was recorded. 01:09:55.778 --> 01:10:05.622 - No deeds were ever made of the 10.41 acre tract, but the legal description of that was recorded as a 01:10:05.622 --> 01:10:15.856 - survey. Subsequently, subsequent deeds have treated this as two different tracts. So when the McQuarters 01:10:15.856 --> 01:10:25.310 - went forward and started deeding off property afterwards, this was treated as a different tract. 01:10:25.986 --> 01:10:35.822 - They regarded this as one tract, and this is a tract, and this is a tract. And so I guess the thinking 01:10:35.822 --> 01:10:45.467 - is that the combined legal descriptions into one lot through a survey, it's a combination of tracts, 01:10:45.467 --> 01:10:50.910 - that doesn't necessarily combine them from tax purposes. 01:10:51.746 --> 01:11:01.059 - If you wanna combine lots for tax purposes, you have to go to the auditor's office and file a separate 01:11:01.059 --> 01:11:10.462 - form. So the fact that they were taxed differently, not necessarily mean that they were always intended 01:11:10.462 --> 01:11:18.238 - to be, but it's one of those things where at one point they thought it was one track, 01:11:18.594 --> 01:11:26.703 - And then subsequently, they've treated it as multiple tracks. And so that's why Jackie looked back at 01:11:26.703 --> 01:11:34.970 - her records and said, hey, there was a subdivision here, these tracks together. And that's why she gave 01:11:34.970 --> 01:11:42.920 - her determination and said, this is all one track according to that survey, then you can only treat 01:11:42.920 --> 01:11:46.974 - these two dwellings as daddos. And if you do that, 01:11:48.226 --> 01:11:56.541 - This one's too large for the dad-do, so you need a variance for the size, and it makes the 01:11:56.541 --> 01:12:06.044 - lots non-conforming, which I'm gonna get a variance for the other stuff. So it's, if you just say, hey, 01:12:06.044 --> 01:12:15.181 - you know, planning, this is a separate lot, then it's done. Which seems like the practical solution 01:12:15.181 --> 01:12:18.014 - for the McWhorter family. Yes. 01:12:18.338 --> 01:12:29.021 - Yes. And not inconsistent with past behavior, the more recent past behavior, truly inconsistent with 01:12:29.021 --> 01:12:39.915 - the 1990 action. But since then, there have been a number of deeds. Let me, I'll ask Mr. McQuarter and 01:12:39.915 --> 01:12:47.742 - I'd like you to listen to Mr. Shelley. If we give you what you're asking, 01:12:48.930 --> 01:12:56.832 - then what deeds are going to be, this is for land conveyancing. As far as I'm concerned, if you guys 01:12:56.832 --> 01:13:05.282 - accept my appeal, they will continue to be two separate lots. They will continue to have their two separate 01:13:05.282 --> 01:13:13.185 - deeds as what John Bethel sent you guys in the letter. And they will be continued to be taxed as two 01:13:13.185 --> 01:13:16.862 - separate parcels. And so that would then give, 01:13:17.378 --> 01:13:26.890 - the planning department, an actual true lot of record definition for me to then move forward with building 01:13:26.890 --> 01:13:35.958 - my garage on my property. Would that answer your question? Yeah. Okay. I'm ready to hear what anybody 01:13:35.958 --> 01:13:41.470 - else has to say or ask. We haven't heard from the public yet. 01:13:43.906 --> 01:13:54.365 - I think that's a very mandatory step. I didn't mean that you want to move toward vote, but I did mean 01:13:54.365 --> 01:14:04.005 - any other questions. I have one. You know, your family who own lots, right? They're not here. 01:14:04.005 --> 01:14:08.414 - And do they, we don't know if they object. 01:14:08.738 --> 01:14:16.487 - They've been notified, they've been served notice that this hearing is taking place, right? Yes. And 01:14:16.487 --> 01:14:24.159 - they have chosen not to be here or to attend remotely. I can answer that for you. Yes. Is that they 01:14:24.159 --> 01:14:31.294 - are highly, I would say aggravated and irritated with the situation and I'm much more calmer 01:14:31.458 --> 01:14:39.194 - than the rest of my family. And so with my communications with them is they were perfectly fine with 01:14:39.194 --> 01:14:47.390 - me showing up here and talking because they weren't so positive that they could just talk and not be rude. 01:14:48.066 --> 01:14:54.610 - we're not going to be sued by them for taking their land, you know, making no, you know. It would be 01:14:54.610 --> 01:15:01.155 - the other way around. If we went to the dad dude and then I would think there would be a problem and 01:15:01.155 --> 01:15:07.829 - then yeah, my dad would probably show up here and OK, not me. You know, because we have to think about 01:15:07.829 --> 01:15:14.373 - their interest and they're not here to express it and you're representing it, but it's still then I. 01:15:14.373 --> 01:15:16.382 - Everybody in the family wants. 01:15:16.546 --> 01:15:24.321 - to have it stay separated as what it shows on ZGIS and tax numbers and our deeds. Everybody's in agreement 01:15:24.321 --> 01:15:31.660 - with that for sure. And people have been paying taxes all along as though it is as represented here. 01:15:31.660 --> 01:15:38.563 - Okay. Okay, so I don't have any questions for you, but I don't know about my other colleagues. 01:15:38.563 --> 01:15:44.158 - I don't yet, no. We might call you back. Yeah, if you'd like to have a seat. 01:15:44.546 --> 01:15:51.300 - there's nobody in the room. We've never seen if there's anybody online. I've been on this board for 01:15:51.300 --> 01:15:58.189 - about seven years and I've never heard anything like this. That's what I kept hearing and I apologize 01:15:58.189 --> 01:16:02.174 - for, you know, all of this really. I mean, it's, you know, 01:16:03.938 --> 01:16:10.921 - as time goes on and rules change and that there's a clash between the old and the new way of doing things. 01:16:10.921 --> 01:16:17.251 - And it's all manifest right here. So it looks kind of interesting and thank you for coming here. 01:16:17.251 --> 01:16:24.168 - But Jeff, full. Yeah, let's go ahead and turn to public comments. So if there's anybody online who wishes 01:16:24.168 --> 01:16:28.606 - to speak in favor of this petition, please raise your virtual hand. 01:16:31.042 --> 01:16:38.408 - Seeing no one, if there's anyone online who wishes to speak against this petition, please raise your 01:16:38.408 --> 01:16:45.847 - virtual hand. Seeing no one for the record, I'll also mention that there's nobody here in the room to 01:16:45.847 --> 01:16:53.432 - speak on this petition. So we'll go ahead and close public comment and come back to the meeting. I know 01:16:53.432 --> 01:17:00.798 - I'm a woman, but I like to clean things up. This looks like something we could clean up, doesn't it? 01:17:00.930 --> 01:17:10.248 - I'm sorry. I think Mr. Schilling's description really helped me. And it sounds to me like prior to 1990, 01:17:10.248 --> 01:17:19.478 - lot one on the map was a single lot of record and lots 3A, two and three were all single lot of records 01:17:19.478 --> 01:17:28.353 - for a total of two. And then lot two was subdivided out. It was correctly assumed at that time that 01:17:28.353 --> 01:17:29.950 - 3A, one and three 01:17:30.274 --> 01:17:40.800 - for all one lot of record when in reality, they were actually two separate lots of records. So to me, 01:17:40.800 --> 01:17:50.501 - that was saying that those were separate and that move to bring lot two out didn't bring 3A1. 01:17:50.501 --> 01:17:59.582 - That's right. A mess was made and we can clean up that mess by leaving it pretty messy. 01:17:59.970 --> 01:18:16.426 - clean up the mess by saying, you win. I move that we overrule the determination of the administrator 01:18:16.426 --> 01:18:29.950 - that there's one lot of record on which both parcels of both residences are built. 01:18:30.402 --> 01:18:40.600 - Yes. Is that enough? Do we need to add anything else to that? There are separate lots. Your home shall 01:18:40.600 --> 01:18:50.600 - not be considered a detached accessory dwelling unit because you have your own lot of record. As you 01:18:50.600 --> 01:18:55.550 - proceeded with your understanding and you've paid 01:18:55.714 --> 01:19:03.862 - taxes according to that understanding. And the title seems to be in concurrence with that. So I think 01:19:03.862 --> 01:19:12.171 - we get a chance to clean up this. And I think our director, correct to point out that it's a mess. Yes. 01:19:12.171 --> 01:19:21.118 - But she doesn't have the authority to clean it up. We have the authority to clean it up. That's right. And yes. 01:19:21.602 --> 01:19:29.191 - And we also have given a chance to every other property owner to express himself or herself. Well, I 01:19:29.191 --> 01:19:36.705 - understood that your father was on vacation or otherwise would have been here. My grandfather. Your 01:19:36.705 --> 01:19:44.670 - grandfather. Yeah. He is supportive. Yes. Oh, yeah. Right, so. So it seems that nobody is hurt. Everybody 01:19:44.670 --> 01:19:51.358 - is helped. Yes. And I think I made my motion. OK. Is that clear enough? OK, I second it. 01:19:53.890 --> 01:20:04.808 - There's been a motion and a second to not affirm the director's issuance of the lot of record determination. 01:20:04.808 --> 01:20:15.326 - Good? Say overturn. Overturn? Thank you. I was waiting for a better word. Overturn, yes. Good. So motion 01:20:15.326 --> 01:20:22.238 - and a second to overturn the director's lot of record determination. 01:20:22.370 --> 01:20:31.037 - for the McWhorter Administrative Appeal, ADR-26-1. Margaret Clements? Yes. Guy Loftman? Yes. Jeff Morris? 01:20:31.037 --> 01:20:39.704 - Yes. Motion carries three to zero. Can I say something on the thought of cleaning up messes and hopefully 01:20:39.704 --> 01:20:45.918 - preventing some? Robert mentioned that the structure out there was built by 01:20:46.082 --> 01:20:52.975 - owner without a building permit. Yes. Under the log cabin rule, if you build your own residence, you 01:20:52.975 --> 01:20:59.936 - don't need a building permit, but you'll need an improvement location permit from planning. Those are 01:20:59.936 --> 01:21:06.898 - two separate things. And when did that take place? What year was that? It was always that way. It was 01:21:06.898 --> 01:21:09.150 - always that way? Yes. I'm sorry. 01:21:09.250 --> 01:21:15.955 - I'm learning. Yeah, there's a lot to learn. And you mentioned how upset your father is, and we understand 01:21:15.955 --> 01:21:22.470 - there are two generations of firefighters in your family, at least. More than that. Well, we just want 01:21:22.470 --> 01:21:29.112 - to thank you for your service. And my grandfather also, he actually is. He is 78 years old, and he still 01:21:29.112 --> 01:21:35.438 - works 24-hour shifts for Mineral Fire Protection District. Wow. Yeah. Thank them for us. Thank them 01:21:35.438 --> 01:21:36.766 - for keeping us safe. 01:21:36.866 --> 01:21:44.053 - And we're glad that you weren't disrupted because I'm glad we got this done tonight. Yes, thank you. 01:21:44.053 --> 01:21:51.240 - Yes, very much so. Sounds like it was perfect timing. Thank you, Mr. Reporter. Thank you. Okay, that 01:21:51.240 --> 01:21:58.712 - finishes it. And I do want to say that Mr. Schilling was very helpful how he pointed and helped us grasp 01:21:58.712 --> 01:22:02.910 - this very complicated situation. Hey, that takes us to our 01:22:03.042 --> 01:22:10.997 - legal report, Mr. Schilling, the moment you've been waiting for. Yes, thank you very much. And this 01:22:10.997 --> 01:22:19.032 - relates to the Republic Service of Indiana versus Monroe County Board of Zoning Appeals. And this is 01:22:19.032 --> 01:22:27.624 - the Bedford recycling decision that has been up and down the court system. It is back before Judge Crowthy, 01:22:27.624 --> 01:22:29.374 - and she has requested 01:22:29.474 --> 01:22:39.360 - the Board of Zoning Appeals to make findings of fact on two issues. One, whether the real property owned 01:22:39.360 --> 01:22:49.058 - by Republic Services of Indiana LP abuts the real property subject to the conditional use order, which 01:22:49.058 --> 01:22:52.542 - was September 1st of, I think, 2022. 01:22:52.738 --> 01:23:01.026 - And to whether the Monroe County Board of Zoning Appeals collected proof that Bedford recycling incorporated 01:23:01.026 --> 01:23:08.705 - delivered to a board administrator proof that the notice sent by certified mail was either delivered 01:23:08.705 --> 01:23:10.910 - or returned and deliverable. 01:23:11.010 --> 01:23:18.986 - The first issue relates to whether Bedford Recycling or whether Republic Services was required to be 01:23:18.986 --> 01:23:27.121 - notified. The second issue is if they were required to be notified, was it done correctly? Was it done 01:23:27.121 --> 01:23:35.176 - according to our rules? We will look into this and try to determine whether we're going to be working 01:23:35.176 --> 01:23:40.862 - from our record or whether additional testimony would need to be taken. 01:23:41.058 --> 01:23:53.198 - Um, so we will, uh, report back and then we will proceed, uh, accordingly. Hey, well, I, um, just don't 01:23:53.198 --> 01:24:04.987 - feel that that information, you know, but we'll find out from you. Yeah. Okay. Great. Thank you, Mr. 01:24:04.987 --> 01:24:10.590 - Schilling. Any other reports? No other reports. 01:24:10.818 --> 01:24:17.532 - Jamie, any other reports from planning? I do one thing to note, and that is planner Sean Smith, he has 01:24:17.532 --> 01:24:24.116 - accepted a position at the city of Bloomington and he'll be starting there in August. Don't say it's 01:24:24.116 --> 01:24:30.895 - true, don't say that. He was thinking this was gonna be his last time to present at the Board of Zoning 01:24:30.895 --> 01:24:37.413 - Appeals, but then both of his petitions were approved. I guess that was the last time. That's going 01:24:37.413 --> 01:24:38.782 - away in the present. 01:24:39.170 --> 01:24:46.873 - Congratulations, Sean. Thanks for all you've done for the planning department. Thank you. We'll miss 01:24:46.873 --> 01:24:54.499 - you. We would like you to stay with us. And if there's a chance for you to come back, we'd love you 01:24:54.499 --> 01:25:02.506 - to come back. Congratulations. We're happy for you. Yes. Have a motion for adjournment. Move to adjourn. 01:25:02.506 --> 01:25:07.006 - Second that. Good job, Tammy and Drew and Sean. Thank you.