Noble County Board of Zoning Appeals - Regular Session

DATE: May 3, 2023  •   TIME:  7:00 p.m.

PLACE: Conference Room in the Noble County Annex Building

AGENDA

A.    Call to Order

B.    Roll Call

C.    Determination of Quorum

D.    Consideration of Minutes

-          April 5, 2023

E.     Unfinished Business

F.     New Business

Variance #2287 John & Maxine Emmert - Requests a Development Standards Variance from the Unified Development Ordinance (Article 2.04, 5.33, 7.01 & 7.28) to allow less the UDO required minimum lot width and lot (road) frontage per parcel of 150' to be at 30' and opening to the UDO required minimum lot width of 150’ at 980’ from the centerline of the road, as proposed by Administrative Subdivision #1088. The real estate is located in Section 1 of Sparta Township, quadrant 300, parcel 002, common location is known as 6616 W. 500 N. Ligonier, IN.

Variance #2288 Allen Family Revocable Trust c/o Robert E & Jennie L Allen - Requests a Development Standards Variance from the Unified Development Ordinance (Article 2.04 & 5.33) to allow less the UDO required minimum lot width and minimum lot frontage (road) per parcel of 150' to be at 40', to open to the minimum lot width at 1,367.00’ from the centerline of the road, as proposed by 1-lot Minor Subdivision #1087. The real estate is located in Section 16 of Elkhart Township, quadrant 100, parcel 003, common location is known as 9625 N. 300 W. Wawaka, IN.

Variance #2289 Shawn W. Van - Requests a Development Standards Variance from the Unified Development Ordinance (Article 2.22 & 5.33) to allow less the UDO minimum front yard (street) setback of 30' and Zoning Administrator allotted 15’ (UDO infill), to be at 9.5' for permanent construction of a 41'x32' new home of 1663 sq ft. The requested setback is based on the location of the current well, garage, driveway, and the prior dwelling site. The real estate is located in Section 33 of Noble Township, quadrant 400, parcel 101, common location known as Lot 31 & 32 Goss First Addition to Big Lake (Replat); 3727 W. Ft. Wayne St. Columbia City, IN.

Variance #2290 Ryan N. & Lori E. Jones Thomas - Requests a Development Standards Variance from the Unified Development Ordinance (Article 2.04 & 5.33) to allow less the UDO required minimum lot width and lot (road) frontage per parcel of 150' to be at 60', with Tract 1 opening to the UDO required minimum 150’ width at 675.30’ from the centerline of the road, for 1 tract of a proposed 2-lot Minor Subdivision totaling 8.51+/- ac. The real estate is located in Section 34 of Green Township, quadrant 400, parcel 005, common location is known as 3367 E. 550 S. Churubusco, IN.

G.    Junk, Trash, & Debris

H.    Member Reports

I.      Future Agenda Items

J.      Adjournment

Noble County Board of Zoning Appeals - Special Meeting

DATE: May 3, 2023   •   TIME:  6:30 p.m.

PLACE: Conference Room in the Noble County Annex Building

AGENDA

A.    Call to Order

B.    Roll Call

C.    Determination of Quorum

D.    New Business

Variance #2291 Jay Dee & Amanda Kay Miller- Requests a Use Variance from the Unified Development Ordinance to allow for the operation of a Type 3 Home Business Standards (HB-03), specifically a specialty welding business assembling chicken coops in an existing 36’x110’ accessory structure, in an Intense Agriculture (A3) zoning district. The landowner attests to following the HB-03 Standards outlined in UDO Article 5.26, noting approximately 1-2 deliveries of materials per week on a flatbed or straight truck, 2-3 outgoing deliveries per week, minimal outdoor storage (screened) of completed products waiting for pick up, and no retail store hours. Real estate is located in Section 6 of Perry Township, quadrant 400, parcel 002 common location known as 11688 N 1200 W Ligonier, IN.                                                    

E.    Adjournment

Noble County Board of Zoning Appeals - Regular Meeting

DATE: April 5, 2023  •   TIME:  7:00 p.m.

PLACE: Conference Room in the Noble County Annex Building

AGENDA

A.     Call to Order

B.     Roll Call

C.     Determination of Quorum

D.     Consideration of Minutes

- February 1, 2023

- March 1, 2023

E.     Unfinished Business

F.     New Business

Special Exception #558 Jack D. & Mary M. Metzger - Requests a Special Exception from the Noble County Unified Development Ordinance (Article 2.07) to allow the permanent installation and use of an anaerobic digester system in an Intense Agricultural (A3) zoning district; for Renewable Natural Gas (RNG) also known as "Biomethane". Real estate is located in Section 8 of Noble Township, quadrant 400, parcel 002, common location known as 4837 & 4727 W. 100 S. Kimmell, IN.

Variance #2284 Jack D. & Mary M. Metzger - Requests a Development Standards Variance from the Unified Development Ordinance (Article 2.08) to allow permanent placement of one (1) LP tank in Intense Agricultural (A3) District, to be less the UDO required 250’ to be at 231’ from the North (roadside). The request is based on the need for 50’ between structures related to a confined feeding operation with an anaerobic digester system, (biogas). Real estate is located in Section 8 of Noble Township, quadrant 400, parcel 002, commonly known as 4837 & 4727 W 100 S Kimmell, IN.

Variance #2285 Angela M Hook & Troy E. Jagger- Requests a Use Variance from the Unified Development Ordinance (Articles 2.21, 5.05 Accessory Structure Standards, 5.08 Lake Residential Accessory Structure Standards & 5.35 Outdoor Storage) to allow permanent placement and use of two (2) Rv’s for up to 5 years, allowing time to build a more permanent structure. Also, requesting permanent placement of two accessory structures, prior to a primary structure; a 10x12 portable shed on Lot 39, and a 4x6 woodshed on Lot 41, transferable to (family) Amy Allen, Gina Bitler, Grant and Lauren Jagger. Real estate is located in Section 4 of Washington Township, quadrant 300, parcels 143 & 145 common location known as Lot 39 & 41 in Oak Cliff Park Subdivision and W. of 0707 S. Oakwood Dr. Cromwell, IN.

Variance #2286 Randy & Kristy J. Bloom - Requests a Use Variance from the Unified Development Ordinance (Articles 2.21, 5.05 Accessory Structure Standards, 5.08 Lake Residential Accessory Structure Standards & 5.35 Outdoor Storage) to allow permanent placement and use of one (1) RV for up to 5 years, allowing time to build a more permanent structure. Also, requesting to allow the placement of accessory structures and storage, prior to construction of a primary structure, consisting of two (2) pontoon boats, shed(s) and a garage of no more than 140 sf or less; all on lot(s) 50 and 67, transferable to (family) Zack & Nick Bloom and Kelsey Clark. Real estate is located in Section 4 of Washington Township, quadrant 300, parcels 154 & 171 common location known as Lot 50 & 67 in Oak Cliff Park Subdivision and N. of 0735 S. Oakwood Dr. Cromwell, IN.                             

G.    Junk, Trash, & Debris

H.    Member Reports

I.      Future Agenda Items

J.      Adjournment

Noble County Board of Zoning Appeals - Regular Session

DATE: March 1, 2023  •   TIME:  7:00 p.m.

PLACE: Conference Room in the Noble County Annex Building

AGENDA

A.    Call to Order

B.    Roll Call

C.    Determination of Quorum

D.    Consideration of Minutes

-          February 1, 2023

E.     Unfinished Business

F.     New Business

Variance #2279 Stephen J & Denice M Evers- Requests a Development Standards Variance from the Unified Development Ordinance (Article 2.22) to allow less the UDO minimum waterside setback of 75' to be at 40' for placement of an above-ground pool (33' round and 54" tall) attached to an existing deck. Also, requesting replacement (of the same size pool or less) to be transferable to future owners. The real estate is located in Section 19 of Wayne Township, quadrant 300, parcel 115, common location is known as 1391 Buena Vista Rd., Kendallville, IN.

Variance #2280 D&P Busche Farm LLC- Requests a Development Standards Variance from the Unified Development Ordinance (Article 2.03 & 5.33 lot standards) to allow less the UDO minimum road frontage of 150’ to be at 0' for a potential 2-lot subdivision; allow for shared use on an existing drive/entrance off of Albion Road. Note; the Southwest side of the property, has an existing 134’ of road front, mostly wetland. The proposal would allow for one additional buildable lot. The real estate is located in Section 8 of York Township, quadrant 200, parcel 011, common location is known as 4220 W. Albion Rd. Albion, IN.

Variance #2281 Winding Creek School c/o Dennis Miller- Requests a Use Variance form the Unified Development Ordinance (Article 2.25) to allow 600 sq. ft. of living space to be inside a school in an Institutional (IS) Zoning District; the living space would allow for teachers to have the option to stay on campus any time of the year. Real estate is located in Section 17 of Elkhart Township, quadrant 300, parcel 002 common location known as Lot 1 in Winding Creek School Subdivision & North of 8919 N. 450 W. Ligonier, IN.

Variance #2282 Howard E III & Donna J Hooven- Requests a Development Standards Variance from the Unified Development Ordinance (Article 2.22) to allow less the UDO minimum waterside setback of 75' to be at 50' for the construction of a 264 sq. ft. three seasons room (by enclosing the existing deck) on the West side of the home. Also, to allow the construction of a 280 sq. ft. bedroom (Southside) on the home to set less the UDO minimum side yard setback of 10% of lot width for primary structures (7'5") to be at 5'6". The real estate is located in Section 31 of Noble Township, quadrant 400, parcel 024, common location is known as L12 in PA Surfus Subdivision & 5406 S. 600 W. Columbia City, IN.                                                               

G.    Junk, Trash, & Debris

H.    Member Reports

I.      Future Agenda Items

J.      Adjournment

Noble County Board of Zoning Appeals - Regular Session

DATE: February 1, 2023 •   TIME:  7:00 p.m.

PLACE: Conference Room in the Noble County Annex Building

AGENDA

A.    Call to Order

B.    Roll Call

C.    Determination of Quorum

D. Election of Officers

• Chair

• Vice Chair

E.    Consideration of Minutes

• December 7, 2022

F.     Unfinished Business

G.     New Business

Administrative Appeal #23-ZV350 Angela M. Hook & Troy E. Jagger- Requests the BZA, an Administrative Appeal under Article 9.08 of the Unified Development Ordinance against Notice of Zoning Violation Case #350 issued by the Zoning Administrator. Based on information available to the Appellants and their undersigned legal counsel at the time this appeal has been initiated, the grounds for the Appellants’ appeal of the Notice of Violation are as follows: 1. Appellants’ use of the Property for occupancy of recreational vehicle (RV Use) is a legal nonconforming use under Article 8.02.B.2 of the UDO. 2. All government bodies and persons identified in Article 10.01 of the UDO are each equitably estopped from attempting to enforce a claimed violation of the UDO against Appellants under relevant Indiana law. The real estate is located in Section 04 of Washington Township, quadrant 300, parcel 143, common location is known as L39 in Oak Cliff Park Subdivision and East of 0707 S. Parkside Dr. Cromwell, IN.

Administrative Appeal #23-ZV351 Randy & Kristy K. Bloom & Ed Frantz- Requests the BZA, an Administrative Appeal under Article 9.08 of the Unified Development Ordinance against Notice of Zoning Violation Case #351 issued by the Zoning Administrator. Based on information available to the Appellants and their undersigned legal counsel at the time this appeal has been initiated, the grounds for the Appellants’ appeal of the Notice of Violation are as follows: 1. Appellants’ use of the Property for occupancy of recreational vehicle (RV Use) is a legal nonconforming use under Article 8.02.B.2 of the UDO. 2. All government bodies and persons identified in Article 10.01 of the UDO are each equitably estopped from attempting to enforce a claimed violation of the UDO against Appellants under relevant Indiana law. Real estate is located in Section 04 of Washington Township, quadrant 300, parcels 154 & 171, common location is known as L50 & L67 in Oak Cliff Park Subdivision and South of 0717 S. Oakwood Dr. Cromwell, IN.

Variance #2278 Joan E Geiger - Requests a Development Standards Variance from the Unified Development Ordinance (Article 2.04 & 5.33) to allow less the UDO required minimum lot frontage per parcel of 150’ to be at 60’, to create two (2) proposed subdivisions. Proposed subdivisions; 1-lot Minor & 1 Administrative, will be filed if the variance is approved. The real estate is located in Section 28 of Noble Township, quadrant 300, parcel 029, common location is known as 4805 S. SR. 109 – 57, Columbia City, IN.  

H.    Junk, Trash, & Debris

I.    Member Reports

J.      Future Agenda Items

K.      Adjournment