City of Madison, Indiana City of Madison Board of Zoning and Appeals Meetings, 8 Feb 2021

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From YouTube: City of Madison Board of Zoning Appeals - February 8, 2021

Description

Renewals:

1. Aloda Hendren – Conditional Use permit for mobile home to be utilized for residential use only; not be utilized for a storage unit.

Location: 3169 W. Black Rd.
Zoned: Residential Agriculture (RA)
One-Year Renewal

No complaints; Renewal fee not received; No conditions applied to CUP.

2. Mike & Melissa Hess – Conditional Use permit for a mobile home.

Location: 318 W. Fifth St.
Zoned: Historic District Residential (HDR)
One-Year Renewal

No complaints; Renewal fee not received; No conditions applied to CUP.

3. Miller Automotive – Conditional Use permit for Retail – Motor Vehicle Sales and Automotive Repair

Location: 1215 Clifty Dr. Zoned: Light Industry (M-1)
One-Year Renewal

No complaints; Renewal fee not received; No conditions applied to CUP.

4. Harold Perry, Jr. – Conditional Use permit for a mobile home.

Location: 212 Sixth St. Zoned: Hillside (HS)
One-Year Renewal

No complaints; Renewal fee not received; No conditions applied to CUP.

New Applications:
N/A

Tabled Applications:

N/A

Business – Old or New:

1. Lucas Soule – Conditional Use permit for a mobile home.
Location: 2761 E. SR 56 Zoned: Residential Agriculture (RA)
One-Year Renewal

No complaints; Renewal fee not received; No conditions applied to CUP.

2. Shawn Sands – Conditional Use permit for a wrestling facility.

Location: 2520 Lanier Drive, Suite C Zoned: Heavy Industry (M-2)
One-Year Renewal

No complaints; Renewal fee received; No conditions applied to CUP.

3. Kentuckiana News – Conditional Use permit for a recording, editing, producing, photofinishing and administrative office.

Location: 402 W. Main St.
Zoned: Specialty District (SD)
One-Year Renewal

No complaints; Renewal fee received; No conditions applied to CUP.

A

B

Probably won't do I.

C

Got two years to.

B

C

B

Where I got marked out, I guess.

D

C

D

D

5 30 and time to begin our meeting welcome to the board of zoning appeals meeting february 2021, and I want to welcome our new member daryl anderson. Thank you. Much appreciated that you're here. Could we have a roll call.

E

Scott mulder here mark acosta here nancy burkhart,.

C

E

Rick ferris.

D

Daryl hunter here uh last month's minutes. um There are three of us, mrs burkhart, mr acosta and me, so we have enough people to vote on last month's minutes and have you read gone through the minutes that opportunity?

D

Yes? Are there any changes or corrections.

C

D

Going to take a motion to approve the minutes.

D

Three nature: yes, scott mobile.

E

Yes, mark yes,.

D

uh Renewals, we have a few.

D

Three I'll read number two: first mike and melissa hess conditional use permit for mobile home located at 318, west fifth street, hey uh zoned, historic district, residential.

B

That was a one-year renewal.

D

And they paid and there have been no complaints, the other two well I'll read those later. So I move that we agree that we approve this conditional use permit for another year.

C

D

I think we have a roll call.

E

Scott baldwin, yes, that's rick, yes, daryl henderson, yes, mark.

D

Yes, now the other two number one and number three number one: a load of android, a conditional use permit for a mobile home to be utilized for residential use, only not to be utilized for a storage unit located at 3169 west black road. That's on residential agriculture. That was a one-year renewal.

D

There have been no complaints, but renewal fee has not been received and number three miller automotive conditional use permit for retail motor vehicle sales and automotive repair. That's located at 1215, clifty drive. That was the light industry. That's one year ago, there's been no complaints, but again that fee has not been received.

D

Is that correct so and uh number four harold perry, junior conditional use permit for a mobile home located at 212 6th street zone hillside district? That was a one-year renewal again no complaints, but the renewal fee has not been received, so I would move that we instruct our attorney.

D

First, we instruct our attorney to write them a letter indicating that if the fee is received by the next regular border zoning appeals meeting, it will be renewed if it's not they'll have to be.

D

They will have to reapply and they may be subject to legal action, and I want to also instruct our building inspector to visit these people and try to work with them and work out. Something and that's my motion.

D

I think we'll get that. Okay, we have a second, we have a roll call.

D

B

C

D

Okay, that takes care of our renewals new business. There's none this time table business. There's none this time and we have some old business.

D

Let me read just for the record number two and three on the agenda: sean sands, that was a conditional use permit for a wrestling facility located at 2520 lanier drive. That was a one-year renewal that one has been paid and therefore the fee or the conditional use is renewed.

D

Number three kentuckiana news conditional use permit for recording, editing, producing photo finishing and administrative office that one is located at 402, west main street and that one has been paid and therefore is renewed, of course, per what we did in the last meeting.

D

So those two are renewed, uh then we have number one lucas soul, conditional use permit for a mobile home located at 2761 east state road 56- that was in residential agriculture and was a one-year.

D

Renewal again, the fee has not been received, and I understand that a letter was sent to him. That was from the the letter was sent from the building office.

F

uh It was sent by the attorney.

D

Then we have a case here where an attorney has sent a.

D

Letter so board members do any of you have any preference what we should do.

A

What date was the letter sent? Do you know that.

F

um I could check, but I don't know off the top of my head: okay,.

A

F

A

That enough time to respond.

E

I would um again without checking I would assume that it was probably about a week after our last meeting so yeah fair enough.

A

D

uh Board members, any other comments, emotions ideas.

A

Well, brian, do you ever go out and talk to him.

E

um I have or tried to um I've actually been on this one in the past. um Couldn't raise anyone knocked on the door. Several times went around the property ended up. um The way I was told to do was was ended up. Leaving me the letter there and now he's placed the door taking a photo of it to say that you know I had been there as far as my brief.

E

That was about the extent of it do.

B

You think they still lived there. I I'm.

E

Pretty sure there's also a place of business there, so yeah.

B

Well, it seems like we've done a lot to try to get in touch with them and have been reciprocated so.

D

Board members: do anybody want to make a motion.

A

I'd like to ask one more question: certainly you mentioned everything place of business. Also, is that included in the traditional use.

E

Is that appropriate? Well, I don't believe it is, and that's probably one of those situations that goes back.

E

Yeah yeah basically well yeah, I'm sorry it's actually! It's actually past that east of that, but it's the same concept as far as you know, kind of up the hollow there right there at the base of it.

B

D

Board members, do you have any preference.

A

Well, frank: what have we done in the past when it's come to that? Do you remember.

E

Well, I don't think I've been here long enough for that. I.

B

Think because, like.

E

I said I think, early um early last year, we were in this similar situation um with the same property, the same property. So I guess we probably should go back and look at the records, but this might be a continuation of that.

A

What you're saying last year was delayed but didn't get paid.

E

Well, I wouldn't want to speak out of turn, but I'm.

C

E

Guess I'm wondering if we're in the same position now because of you're.

A

Saying the continuance of that same century, that's what I wanted.

C

A

That that's a lot different.

C

E

A

Okay, maybe we should we need to understand that I think before we sure know what accidentally sure.

C

Well, it'd be nice to have legal advice to see what he would recommend.

B

You know on the gis, it shows the owner's address of being a different than the 2761 children address of being 27.65. You think there'd be a chance, but it would be return right if we didn't get it delivered.

E

Well, the certified letter was yes, they did good.

F

The attorney sent the letter and, to my knowledge he had he didn't receive any return.

E

Now devin said he would be available by phone if you'd like to call during the meeting reach out afterwards.

D

I think we should table this because it comes down to.

D

Having to take legal action of any sort, we have to have a executive session so.

A

D

Yeah, I think I would.

A

Be good to clarify if it's a continuance from you know several months of issue or if this is a one-month issue responding. I think that plays a lot into this.

D

Then I will move that we table this until our next regular meeting first part and second part that we instruct our attorney and building inspector to take any steps they deem proper to try to resolve the issue before our next meeting and third. The fee is paid before our next regular meeting that the conditional use will be renewed.

C

D

As far as I know, unless there's some other business that concludes our agenda.

B

But was there anything for I thought the last month we were talking about a property. I think richard brought up one.

F

B

D

Yes, the issue was a complaint about junk vehicles and that property.

E

B

You were talking to o'brien.

E

Yeah there was, I mean technically, there was no um conditional use for anything on that that they had approached us to do that, and then they changed their minds. So you know moving forward. The intention is they would like to build.

B

E

They're they're, not at that you know they're not at that place, yet I guess so. The vehicle concern was a valid concern, um even though it was not one that we could do through our nuisance officer because of where it's located, but.

C

B

E

Him anyway, and he said that it was a family members vehicles and they were going to take care of them. So we should be fairly resolved and.

D

I believe the only issue that I brought up and it's in the minutes was they had a conditional use permit for a or yeah additional use permit for a trailer. I believe- and we just decided to leave the conditional use permit in force the rest of it was a complaint that would have to be dealt with by the appropriate authority.

A

But if I understand, I think the timing was that the conditional use had never been issued.

B

Do you recall that.

F

Yes, he had submitted the application to do the mobile home, but because of the age of the mobile home uh it never got passed. He has come back to us uh wanting to do a new application for a new mobile home. That is newer, um but currently we don't have anything in the works for that. Yet.

E

It was yeah not that it matters, but yet the first thing mulholland was too old. Then he was going to build new construction and now back to that's the final thought. Just again, nothing followed through yet so.

A

The question to our attorney last last meeting was: should we do something about that initial use, but there didn't there.

C

B

A

One issue is that what I understand, though, okay.

D

I guess that concludes our business.

D

So we'll take a motion to adjourn move into the journal and we stand adjourned or I guess we should vote on it all in favor signify by saying aye.

A

D

E