Board of Zoning Appeals - Regular Meeting

EXECUTIVE SESSION

Noble County Plan Commission-Noble County Board of Zoning Appeals

Date: Monday March 24, 2025

Time: 5:00pm

Place:Noble County Annex-Commissioner Room 109N York St Albion IN

AGENDA

A. Call to Order

B. Roll Call

C. Determination of Quorum

D. Noble county Plan Commission will hold an executive session in accordance with Indiana code 5-14-1.5-6.6(b) (2) For discussion of a strategy with respect to any of the following: (B) Initiation of mitigation or initiation that is either pending or has been threatened specifically in writing as used in this cause “litigation” includes any judicial action or administrative law proceeding under federal or state law

E. Adjournment

BOARD OF ZONING APPEALS
Regular Meeting
DATE: April 2, 2025   •   TIME:  7:00 p.m.
PLACE: Commissioner’s Room in the Noble County Annex Building
AGENDA

A.    Call to Order

B.    Roll Call

C.    Determination of Quorum

D.    Consideration of Minutes

-          March 5, 2025

E.    Unfinished Business

-          Memorandum of Finding of Fact Variance #2367 Bontrager Family Trust- Orvan Bontrager c/o Gerald Bontrager.

F.     New Business

Variance #2370 Schmucker, Mervin J & Nora J Wright- Request a Use Variance from the Unified Development Ordinance (Article 2.03) request a Use Variance to allow for temporary short-term living in an RV, in an A1 zoning district, until the primary dwelling is constructed and completed by September of 2025. Real Estate is located in Section 32 of Allen Township, quadrant 100, parcel 012, common location known as East of 7602 E 100 N Avilla, IN 46710.

Variance #2371 Stephens, Nathan J & Rachel L- Request a Development Standards Variance from the Unified Development Ordinance (Article 2.03) requested a Development Standards Variance to allow less the UDO required minimum front yard setback of 85’ from the center line of the road to be at 58’ for the construction of a 30’x40’ pole barn (personal storage). Real Estate is located in Section 29 of Green Township, quadrant 200, parcel 007, common location known as 4800 S 200 E -57 Churubusco, IN 46723.

Variance #2372 Hochstetler, Marion J & Karen E- Request a Development Standards Variance from the Unified Development Ordinance (Article 2.03 & 5.64) requests an extension of the existing approved Use Variance #2311 to allow for up to 100 vendors in 2025, increasing the number of vendors by no more than 10 annually. Also, to allow for the sale of approximately 300-350 cages of animals per auction, with an estimated 1 to 4 animals per cage, with concessions provided by a local school or other vendor. Real Estate is located in Section 1 of Perry Township, quadrant 100, parcel 016, common location known as 11923 N 600 W Topeka, IN 46571.                            

G.    Junk, Trash, & Debris

H.    Member Reports

I.      Future Agenda Items

J.     Adjournment

Board of Zoning Appeals Regular Session

BOARD OF ZONING APPEALS
Regular Meeting
DATE: March 5, 2025   •   TIME:  7:00 p.m.
PLACE: Commissioner’s Room in the Noble County Annex Building
AGENDA

A.    Call to Order

B.    Roll Call

C.    Determination of Quorum

D.    Consideration of Minutes

E.    Unfinished Business

F.     New Business

Variance # 2358 Schlabach, Calvin & Darlene D- In accordance with the Noble County Unified Development Ordinance (Article 2.03), request a Development Standards Variance to allow an expansion of existing Home Based Business Type 3 (ILP#18-65) for construction of an additional 7,500 sq. ft building (business use / storage) with no outside storage visible from the roads right of way. Real Estate is located in Section 5 of Perry Township, quadrant 200, parcel 003, common location known as 9332 W. 1100 N. Ligonier, IN.

Variance # 2367 Bontrager Family Trust; Bontrager, Orvan- In accordance with the Noble County Unified Development Ordinance (Article 2.03), request a Development Standards Variance to allow new construction of 23,760 sq. ft. for cold storage only, for an expansion of an existing Home Based Business Type III - building poly furniture (existing structure 13,620 sq. ft.). Real Estate is located in Section 10 of Elkhart Township, quadrant 200, parcel 010, common location known as 10156 N. 250 W. Ligonier, IN.

Special Exception # 580 Cunningham, Jeffery D & Jan L- In accordance with the Noble County Unified Development Ordinance (Article 2.03 & 5.66), request a Special Exception to allow for a fiber hut (telecommunication facility) in an A1 zoning district. Real Estate is located in Section 30 of Elkhart Township, quadrant 100, parcel 008, common location known as West of 4952 W. 750 N. Wawaka, IN.

Variance # 2369 ADP Land Holdings; Perlich, Allen- In accordance with the Noble County Unified Development Ordinance (Article 2.03), requested a Use Variance to allow an extension of Use Variance #2295 for continued placement of the existing 1999 manufactured (single-wide) for five (5) years; Variance 2295 was approved on June 7, 2023 for a continued placement for one (1) year; exp June 7, 2024. Real Estate is located in Section 2 of York Township, quadrant 200, parcel 004, common location known as 1288 W. 500 N. Albion, IN.

G.    Junk, Trash, & Debris

H.    Member Reports

I.      Future Agenda Items

J.     Adjournment

Board of Zoning Appeals Regular Session

BOARD OF ZONING APPEALS

Regular Meeting

DATE: February 5th, 2025   •   TIME:  7:00 p.m.

PLACE: Commissioner’s Room in the Noble County Annex Building

AGENDA

A.     Call to Order

B.     Roll Call

C.     Determination of Quorum

D.    Consideration of Minutes

E.     Unfinished Business

F.     New Business

Variance #2362 KIDD, RONALD G & LINDA M - In accordance with the Noble County Unified Development Ordinance (Article 2.04), request a Development Standards Variance for less the UDO required minimum dwelling size of 1,200 sq. ft to be at 1,005 sq. ft and to be less the UDO required minimum front yard setback of 85’ from the centerline of the road to be at 49’ to allow the conversion of an existing garage into living space. Additionally allowing the current primary dwelling to stay temporarily; removed no later than July 1, 2025. Real Estate is located in Section 31 of Noble Township, quadrant 200, parcel 009, common location known as 5478 S. 500 W. – 57 Columbia City, IN.

Variance #2363 HOCHSTETLER, MERVIN JAY & MARTHA SUE TRUST- In accordance with the Noble County Unified Development Ordinance (Article 2.03), request a Development Standards Variance, to allow an extension of prior approved variances #1590 & #1744, to include an expansion (4,056 sq. ft.) to an existing furniture business structure, and to allow screened outdoor storage; with no more than 10 outside employees. Real Estate is located in Section 1 of Perry Township, quadrant 100, parcel 001, common location known as 11811 N. 600 W. – 57 Topeka, IN.

Variance #2364 MILLER, JAY DEE & AMANDA KAY - In accordance with the Noble County Unified Development Ordinance (Article 2.03), request a Use Variance to allow for an extension of the existing Use Variance #2291 (approved May 3, 2023) allowing a specialty welding business for the assembly of chicken coops in an existing accessory structure. The additional request is to increase the number of employees to ten (10) total employees, increased traffic to approximately 3-5 material deliveries per week with approximately 10 trucks per week removing finished product, revise hours of operation to be 5:00 am - 2:00 pm each day, and the business to use the entire barn. Real Estate is located in Section 6 of Perry Township, quadrant 400, parcel 002, common location known as 11688 N. 1200 W. Ligonier, IN.

Variance #2365 WEBER, RICKY J - In accordance with the Noble County Unified Development Ordinance (Article 2.04), requests a Development Standards Variance, to allow for less the UDO required minimum dwelling size of 1,200 sf to be at 1,118 sf for the construction of a primary use - dwelling. Real Estate is located in Section 5 of Green Township, quadrant 100, parcel 002, common location known as West of 0559 S. 200 E. Albion, IN.

Variance #2366 MEAD, BENJAMIN W & ALISON M - In accordance with the Noble County Unified Development Ordinance (Article 5.16) requests a Development Standards Variance to allow less than the UDO required minimum setback from a private body of water of 25’ to be at 14’, for the construction of an accessory dwelling approved by Special Exception #582. Real Estate is located in Section 28 of York Township, quadrant 300, parcel 020, Lot 5 & Lot 6 of Whispering Ponds Subdivision, common location known as 1443 N. Ridgewood Dr. Albion, IN.        

G.    Junk, Trash, & Debris

H.    Member Reports

I.      Future Agenda Items

J.      Adjournment

Board of Zoning Appeals Regular Session

BOARD OF ZONING APPEALS

Regular Meeting

DATE: January 8th, 2024   •   TIME:  7:00 p.m.

PLACE: Commissioner’s Room in the Noble County Annex Building

AGENDA

A.    Call to Order

B.    Roll Call

C.    Determination of Quorum

D.    Consideration of Minutes

E.     Unfinished Business

F.     New Business

Election of Officers

Variance #2357 TROYER, ANDY S & EDNA MAE – In accordance with the Noble County Unified Development Ordinance (Article 2.03, 5.27), request a Development Standards Variance to allow for a Home Based Business Type 3, to include the assembly of furniture and rebuild/repair steam engines and related equipment, in a structure over the maximum UDO allotted 600 sq. ft. accessory structure to be 3,200 sq. ft. Real Estate is located in Section 24 of Perry Township, quadrant 200, parcel 018, common location known as 6276 W. 825 N. Ligonier, IN.

Variance #2358 SCHLABACH, CALVIN & DARLENE D – In accordance with the Noble County Unified Development Ordinance (Article 2.03), request a Use Variance to allow an expansion of existing Improvement Location Permit #18-065, approved on April 16, 2018, for a Home Based Business; requests approval for the construction of a 7,500 sq. ft. addition to the existing business (to continue with up to 5 outside employees) with no outdoor storage visible from the road. Real Estate is located in Section 5 of Perry Township, quadrant 200, parcel 003, common location known as 9332 W. 1100 N. Ligonier, IN.

Special Exception #582 MEAD, BENJAMIN W & ALISON M – In accordance with the Noble County Unified Development Ordinance (Article 2.03 & 5.04), request a Special Exception to allow an accessory dwelling on an adjacent lot in an A1 zoning district. Real Estate is located in Section 28 of York Township, quadrant 300, parcel 020, Lot 5 & Lot 6 of Whispering Ponds Subdivision, common location known as 1443 N. Ridgewood Dr. Albion, IN.

Variance #2359 VOJTKOFSKY, MICHAEL ALBERT & TONYA MARIE – In accordance with the Noble County Unified Development Ordinance (Article 5.16), request a Development Standards Variance to be less the UDO required minimum setback of 25’ from the average waterline at the closest point to a private body of water to be at 15’ for the construction of an addition to the existing home. Real Estate is located in Section 22 of Swan Township, quadrant 300, parcel 018, common location known as 3658 S. 950 E. LaOtto, IN.

Variance #2360 MCCLURE, BECKY J & BURTON L JUIF – In accordance with the Noble County Unified Development Ordinance (Article 2.04 & 5.37), request a Development Standards Variance, to be less the UDO required minimum Lot Frontage of 60% of the minimum required lot width of 150’ (90’) to be at 75’. Also, to be less the UDO minimum required lot width of 150’ at 85’ at the centerline of the road to be at 75’, opening to the minimum lot width at approximately 300’ from the centerline of the road. Real Estate is located in Section 5 of Wayne Township, quadrant 100, parcels 027, 028, & 035, common location known as West and South of 7634 E. 1200 N. Wolcottville, IN.                 

G.    Junk, Trash, & Debris

H.    Member Reports

I.      Future Agenda Items

J.      Adjournment

Board of Zoning Appeals Regular Session

BOARD OF ZONING APPEALS

Regular Meeting

DATE: December 4th, 2024   •   TIME:  7:00 p.m.

PLACE: Commissioner’s Room in the Noble County Annex Building

AGENDA

A.    Call to Order

B.    Roll Call

C.    Determination of Quorum

D.    Consideration of Minutes

E.    Unfinished Business

F.     New Business

Variance # 2352 Mervin S & Ruby M Bontrager c/o Harley Bontrager – In accordance with the Noble County Unified Development Ordinance (Article 2.03), requests to allow for a two-family dwelling unit (Duplex) in an A1 zoning district. Real Estate is located in Section 01 of Elkhart Township, quadrant 300, parcel 011, common location known as 0803 W. Northport Rd. Rome City, IN.

Special Exception # 575 Cameron M & Haley N Francis c/o Jacob Atz, Atz Law Office – In accordance with the Noble County Unified Development Ordinance (Article 2.03 & 5.04), request an accessory dwelling in an A1 zoning district. Real Estate is located in Section 25 of Perry Township, quadrant 300, parcel 015, common location known as 7458 N. 700 W. Ligonier, IN.

Variance #2345 Cameron M & Haley N Francis c/o Jacob Atz, Atz Law Office – In accordance with the Noble County Unified Development Ordinance (Article 5.04 E 2), requests to allow for more than the Unified Development Ordinance (UDO) Accessory Dwelling maximum size of 1,200 sf to be at 2,308 sf (current dwelling) in an A1 zone district, allowing the construction of a new primary dwelling over 2,308 sf. Real Estate is located in Section 25 of Perry Township, quadrant 300, parcel 015, common location known as 7458 N. 700 W. Ligonier, IN.

Variance #2355 Nathaniel L & Abigal C Harris Correll c/o Tim Johnson, Next Modular – In accordance with the Noble County Unified Development Ordinance (Article 2.04), requests less the UDO required minimum rear yard setback of 25’ to be at 10’ (North), for construction of a new 2-story home over 1200 sq. ft. and a deck (added to the rear of the home by 2034), in an A1 zoning district. Real Estate is located in Section 8 of Washington Township, quadrant 300, parcel 007, common location known as 10510 W. 200 S. Cromwell, IN.

Variance # 2356 Marianne L Vevia – In accordance with the Noble County Unified Development Ordinance (Article 2.22), requests less the UDO required minimum front yard setback of 30’ from the road’s right-of-way (ROW) to be at 11’ (South), and for less the UDO required minimum rear yard setback of 20’ to be at 5’ (North). Also, to be greater than the UDO maximum lot coverage of 50% to be at 60% in a Lake Residential Zoning (LR) for constructing a new home. Real Estate is located in Section 33 of Noble Township, quadrant 400, parcel 107, Lot 37 of Goss First Addition to Big Lake (replat), common location known as 3772 W. Ft. Wayne St. Columbia City, IN.

Special Exception # 576 Sheridan & Kristin Hall c/o Ryan Weber, Lakewood Surveying – In accordance with the Noble County Unified Development Ordinance (Article 2.33), requests to allow automobile sales in a C3 zoning district. Real Estate is located in Section 8 of Wayne Township, quadrant 200, parcel 053 common location known as 10420 N. SR 3 Kendallville, IN.                                                        

G.    Junk, Trash, & Debris

H.    Member Reports

I.      Future Agenda Items

J.     Adjournment