MINUTES
Regular meeting to held
in the Commissioners Meeting Room,
Third Floor, Courthouse,
MEMBERS PRESENT: Larry Willis,
Chairman; Duane Erwin, William McCune, Don Mottley, John Peninger, and Dennis
Taylor
Also present were: Sherri Phillips,
Executive Director, Leslie Shively, Attorney; Julie Hemmings and Susan Weigman,
Staff.
MEMBERS ABSENT: Richard Medcalf.
MINUTES: A motion
was made by John Peninger to approve the minutes from the
The Chairman explained the Rules of Procedures to
the audience.
CONDITIONAL
USES:
BZA-CU-04-11 – Applicants & Owners: Ryan &
Sarah Hasenour
Premises – Property located on W side of
Trinity Dr., a distance of 212’ N.W. of the corner formed by the intersection
of Trinity Dr. and Thicket Dr. lot 11 in Rabbit Run Phase III.
Nature
of Case – Applicant requests a Conditional Use approval to allow a home
based web design service not occupying more than 20% of the first floor area of
their residence in an R-1 Single Family Dwelling Zoning District. Advertised in the Boonville Standard
Present
was Ryan and Sarah Hasenour.
Ms.
Phillips stated that we have all return receipts from certified mail, and this
is a conditional use request to allow a home occupation of a web design
service. She stated the property is located in Rabbit Run Subdivision. She
explained the home based web design service will not be occupying more than 20%
of the first floor area of their residence in an “R-1” Single Family Dwelling
Zoning District and the plot plan shows they are using a 12 X 12 area of the
residence. She add the surrounding property is zoned the same and has
residences except to the west which is “A” Agricultural and farm ground, and
the application is in order and the applicant will need to further explain the
operation of the business.
Mr.
Hasenour stated that the business his wife and him are hoping to start is a
home based web design company that would be operated part time mainly after work
hours because they both have jobs and it would be to supplement that income
being in the evenings and possible on the weekends. He stated the work we would
be doing is providing web sites to local business at more affordable rates and
the work is done on a computer, we will not have any kind of inventory, there
will be no shipments, no visitor of any kind. He stated there will be no
disruption to the neighbor at all. He stated this is something we could have
done just as freelance work but we felt like it was to our best interest to
start it as a business for personal reasons also to help us to obtain insurance
coverage for the business.
Mr.
Willis asked if there were any questions from the Board.
Mr.
Willis asked Mr. Hasenour if they would go to their client’s office or place of
business, and the clients won’t be coming to them.
Mr.
Hasenour stated that the first initial meeting we would be going to their
office or work place going over with them how to operate. He added a lot of it
is done via Email if the client is set up to be able to do that, and if not we
would always go to their facility.
Mr.
Willis asked if there were any remonstrators.
Mr.
Willis asked if there were any questions from the Board.
Don
Mottley made a motion to approve BZA-CU-04-11, subject to the following
conditions:
The motion was seconded by Dennis
Taylor and unanimously carried.
Mr. Hasenour asked to have their
approval mailed to them.
BZA-CU-04-15 – Applicant & Owner: Robert E.
Hendrickson
Premises – Property located on the S side of SR
62 W approximately 340’ E of the intersection formed by John Bull Rd. and SR 62
W. Boon Twp. 4199 SR 62W. (Complete legal on file)
Nature of Case – Applicants request a Conditional Use
approval to allow inside storage units and outside storage in a “C-4” General
Commercial Zoning District. Advertised in the Boonville
Standard
Mr.
Willis asked Mr. Mottley to take over and excused himself from the meeting due
to a conflict of interest.
Present
was Robert Hendrickson.
Ms.
Phillips stated that we have all return receipts from certified mail. She
stated the applicant requests a Conditional Use approval to allow inside
storage units and outside storage in a “C-4” General Commercial Zoning
District. She stated the property is located on the SR 62 and the property to
the north is residential with homes, to the west is “A” Agricultural with
residential, to the south is “C-4” and vacant, to the east is “C-4” with car
wash and “A” Agricultural with residence. She stated the property was a car
dealership and is now vacant and the applicant will be using the area for a
mini storage now 28 units inside existing building and a 180’ X 180’ outside
storage area. She added the plot plan that is in your application shows the
location of the existing buildings and he also is going to put up a sign for
the business. Ms. Phillips asked Mr. Hendrickson if he had enclosed part of
this in fencing.
Mr.
Hendrickson stated yes he had fenced in part of it.
Ms.
Phillip stated that the application is in order.
Mr.
Mottley asked Mr. Hendrickson is he would like to add anything to the staff
report.
Mr.
Hendrickson stated that all he is trying to do is create enough money to pay
the County taxes.
Mr.
Mottley asked if there are any questions from the Board.
Being
none he called for remonstrator’s.
Mr.
Mottley stated that there are no remonstrator’s.
Mr.
Mottley asked for a motion from the Board.
Duane
Erwin a motion to approve BZA-CU-04-15, subject to the following conditions:
The
motion was seconded by William Mc.Cune and unanimously carried.
Mr.
Willis returns to the meeting.
BZA-V-04-13 – Applicants & Owners: Allen &
Amy Beasley
Premises
– Property located on the N side of New Hope Rd. approximately 550’ E of the
intersection formed by New Hope Rd, and Pelzer Rd. Boon Twp. 388 W.
Nature of Case – Applicant requests a Variance from the requirements as
set forth in the Comprehensive Zoning Ordinance in effect for
Present
was Allen and Amy Beasley.
Ms.
Phillips stated that we have all return receipts from certified mail of notice
of this meeting. She stated they’re asking for a variance to allow their new
home to be constructed behind two accessory buildings, which the requirement of
the Zoning Ordinance is for the principal dwelling to be in front of the
accessory building unless you have 2 ½ acres or more. She stated that’s one of
the variance they are asking for, but they also at this time have a mobile home
on the property.
Mr.
Beasley stated that they have a house on the property.
Ms.
Phillips stated that they have a house on the property, not a mobile home and
that’s the other reasons for the variance. She stated the is property located
on the N side of New Hope Rd. approximately 550’ E of the intersection formed
by New Hope Rd, and Pelzer Rd and the applicants stated on their application
that they would take down the existing home after taking possession of the new
manufactured home. She stated the surrounding property is all zoned “A”
Agricultural with residences to the west and south and farm ground to the north
and east and no flood plain on property. She added normally in this case if
this is approved you give them a time limit to remove the other dwelling or at
least let them get into their house and as soon as they are moved in and
settled and then take down the other house. She added the application is in
order.
Mr.
Willis asked if they had anything to add to the Executive Director’s report.
Mr.
Beasley stated no.
Ms.
Phillips stated that she thinks that the existing house was built in 1950.
Mr.
Beasley stated that it was around that time.
Mr.
Willis asked if there were any questions from the Board.
Mr.
Willis asked if the storage building is a fixed building were
you couldn’t relocated it.
Mr.
Beasley stated that the storage building couldn’t be moved; it’s like a pole
barn.
Mr.
Willis asked if there were any other questions from the Board.
Mr.
Willis asked if there was any remonstrators.
Mr.
Willis asked if there were any other questions from the Board Members.
Mr.
Peninger asked Mr. Beasley how long after the completion of the new home and ready
to move in, would you expect the demolition to be over with.
Mr.
Beasley stated 30 to 60 days. He stated our plans are when we get moved in to
start tearing down the house.
William
Mc.Cune asked Mr. Beasley if they give them 60 days
would that be rushing them.
Mr.
Beasley stated that it shouldn’t be rushing them.
Ms. Phillips asked Mr. Beasley how fast did he think he would get the house put up.
Discussion
ensued regarding how long it would take to get the house and get it put up.
Mr.
Willis asked Mr. Beasley if they plan on demolition the old house and hauling
it off to a legal landfill.
Mr.
Beasley stated that they are going to hire a contractor to tear down the old
house and haul it off.
Mr.
Willis asked if there were any other questions from the Board.
John
Peninger make a motion to approve BZA-V-04-13, subject to
the following conditions:
The motion was
seconded by Dennis Taylor and with Larry Willis, William Mc.Cune, Don Mottley,
and John Peninger all voting to approve and Duane Erwin voting against and
motion carried.
BAZ-V-04-14 – Applicant & Owner: Kevin V. Hasenour
Premises
– Property located on
the S side of Gentry Rd. approximately 1/2 mile E of the intersection formed by
Gentry Rd. and Nickens Rd. Owen Twp. Parcel 1 in Boardman Exempt Division.
Nature of Case – Applicants request a Variance from the requirements as
set forth in the Comprehensive Zoning Ordinance in effect for
Present was
Kevin and Deana Hasenour.
Mr. Willis
asked for staff report.
Ms.
Phillips stated that we have all return receipts from certified mail. She
stated the applicants are requesting a variance to allow the location of a
manufactured home for a residence on property with an existing mobile home that
will be used as a storage building in an “A” Agriculture Zoning District and
the Board ruled several years ago that a mobile home is a mobile home no matter
what you use it for even if you use it for storage it still could be used as a
residence so it required a variance to have it still located on the property
with a new home. She stated the applicant states he owns 2.75 acres at
Mr.
Willis asked if Mr. Hasenour had anything else to add to the report.
Mr.
Hasenour stated no.
Mr.
Willis asked if there were any questions from the Board Members.
Mr.
Mottley asked if the mobile home sets at the rear of the property and he is
going to build his home in front of it.
Mr.
Hasenour stated that was correct.
Mr.
Mottley stated that then the house would be subject to the road right away
before you see the mobile home.
Mr.
Hasenour stated that the mobile home was a couple hundred feet back from the
road.
Mr.
Willis asked Mr. Hasenour that when he starts using this existing mobile home
for storage after you have your new home in place are you going to take the
heating and air conditioning out of the building.
Mr.
Hasenour stated yes that he doesn’t plan on having any pluming, heating or air
conditioning, maybe just electric.
Mr.
Willis asked if there were any other questions from the Board Members.
Mr.
Willis asked if there was any remonstrators.
Mr.
Willis asked if there were any other questions from the Board Members.
William
Mc.Cune make a motion to approve BZA-V-04-14, subject to
the following conditions:
The
motion was seconded by John Peninger and unanimously carried.
OTHER
BUSINESS:
Ms. Phillips stated that Les Shively’s office brought us copies of the draft of the new zoning ordinance we have 10 copies if anyone would like a copy of it to review.
ATTORNEY BUSINESS:
Mr.
Shively stated that were going to have public hearing review June 9th
for the Comprehensive Zoning Ordinance. He stated they will start the process
of getting the Subdivision Control Ordinance amended and up dated on May 5th
next week and we have a committee and that if anyone else would like to attend
they are welcome to. He stated the meeting starts at
Ms.
Phillips stated that we normally approve the conditional use for that person
because that’s the use that requires a conditional use.
Discussion
ensued regarding the conditions on mini storage.
Mr. Willis asked if there is any
Executive Director business.
EXECUTIVE DIRECTOR BUSINESS:
Ms.
Phillips stated that she and Attorney Shively went to court a couple of weeks
ago regarding the Tom Rainey lawsuit.
She stated a judgment was made and a fine was imposed. She stated since then they have learned the
property was sold in a Sheriffs Sale on
Attorney
Don
Mottley asked if the judgment included the cost of the attorney fees.
Ms.
Phillips stated it did and that if the property is not cleaned up by the end of
May a $50 a day fine was to be imposed.
Further
discussion ensued over the Rainey lawsuit with Ms. Phillips stating that
according to the Sheriff, Mr. Holweger purchased the
property in January and that she took photographs of the property right before
they went to court and the property was still in the same condition.
Being
no other business the meeting adjourned at
_______________________ Larry
Willis, Chairman
ATTEST:
The undersigned Secretary of the
Warrick County Area of Zoning Appeals does hereby certify the above and
foregoing is a full and complete record of the Minutes of said Board at their
monthly meeting held
____________________________
Sherri Phillips, Executive Director