Noble County Board of Zoning Appeals - Regular Session

Regular Meeting

DATE: September 7, 2022 •   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

E.     Unfinished Business

o    Findings of Fact for Special Exception #549 Jose & Susana Meza, Hugo Casteneda, and Leonardo & Maria Leticia Almazan

F.     New Business

Variance #2264 Abdulla & Bertha Medina Omar- Requests a Use Variance from the Unified Development Ordinance (Article 2.21 & 5.27 Keeping of Animal Standards) to allow the keeping of Farm Animals - 1 ram and 4 ewes (sheep), 2 turkeys, 5 chickens, 7 rabbits, and 13 pigeons on a Lake Residential zoned Parcel. All to be properly housed and fenced in. Real estate is located in Section 4 of Washington Township, quadrant 300, parcel 294, common location known as 0774 S. June Drive Cromwell, IN.

Special Exception #552 Lyle P & Ruth Ann Hochstetler- Requests a Special Exception from the Noble County Unified Development Ordinance (Article 2.03) to allow a kennel for up to 10 adult dogs for commercial breeding in A1 zoning. Real estate is located in Section 9 of Elkhart Township, quadrant 400, parcel 009, common location is known as 10794 N. 400 W. Ligonier, IN.

Variance #2265 Lyle P & Ruth Ann Hochstetler - Requests a Development Standards Variance from the Unified Development Ordinance (Article 5.30) to allow for less the UDO required minimum exercise yard (10,904sq. ft.) setback of 200' to be at 135’ from the North, 0’ from the East and South, and 145’ from the West; also, less the UDO required minimum structure setback of 250' to be at 161' from the North, 68' from the East, 60' from the South, and 145' from the West. Real estate is located in Section 9 of Elkhart Township, Quadrant 400, Parcel 009, common location known as 10794 N. 400 W. Ligonier, IN.

Variance #2266 Linda L & Lenville J Napier Archer- Requests a Flood Variance from the Unified Development Ordinance (Article 5.21) to allow a detached garage to be constructed with the floor at Base Flood Elevation, concrete stem walls to be at Flood Protection Grade (FP); flood vents to be installed. Real estate is located in Section 31 of Noble Township, quadrant 300, parcel 017, common location known as across from 5920 S. Red Bud LN. - 57 Columbia City, IN.

Variance #2267 Jacob D & Susie Fry c/o Orvan & Marlene Fry- Requests a Development Standards Variance from the Unified Development Ordinance (Article 5.26 Home Business Standards - Type 3(C2)) to allow more than the allowed 5 employees who do not reside in the home to be at 10, for the existing Amish Family RV Service LLC business, and (HB-03 E3b) requesting more the UDO allowed 7 operable vehicles parked on the lot at any time to be at 10. Regarding Articles 5.26 (HB-03 E4(a-c)) and 5.35 (Outdoor Storage Standards (C1)) request to have exterior storage of vehicles, recreational vehicles, trailers, or other equipment, during the months of April through October to be at 10 parked RV units, and November through March to be at 45 RV units, to be stored externally to the North and West of the primary business structure, in A1 zoning. Applicant attests to follow all other Type 3 - Home Business Standards. For the lifetime of Orvan, Marlene, Jacob, and Susie Fry. Real estate is located in Section 1 of Perry Township, Quadrant 100, Parcel 013, a common location known as 11685 N. 600 W. – 57 Topeka, IN.

Variance #2268 Lavon D & Rose M Miller- Requests a Development Standards Variance from the Unified Development Ordinance (Article 5.12.01 Animal Density Standards) to allow less the UDO required minimum setback of 100' separation from any livestock operation for the structure to be at 75' from the North and 30' from the West property line, to allow construction of a 633x42 duck barn (14,000 ducks). Setbacks include two manure concrete pads, bedding storage, nursery, and finisher area. The approved variance would keep the structure as far as possible from neighboring homesites, also note, that if the East setback were met, it could cause drainage issues. Real estate is located in Section 7 of Elkhart Township, quadrant 100, parcel 004, common location known as 10611 N. 500 W. Ligonier, IN.                                                                          

G.    Junk, Trash, Debris & Zoning Violations

H.    Member Reports

I.      Future Agenda Items

J.      Adjournment

Noble County Board of Zoning Appeals - Regular Session

Regular Meeting

DATE: August 3, 2022 •   TIME:  7:00 p.m.

PLACE: Dekko Meeting Room, Noble County Office Complex South, Albion, Indiana

AGENDA

A.    Call to Order

B.    Roll Call

C.    Determination of Quorum

D.    Consideration of Minutes

E.    Unfinished Business

F.     New Business

Variance #2249 John E & Mary Ann & Daniel J Lengacher- Requests a Flood Variance from the Unified Development Ordinance (Article 5.21) to allow a garage to be constructed with the floor at Base Flood Elevation (BFE 890.0) and concrete stem walls at Flood Protection Grade (FPG 892.0); flood vents to be installed. Real estate is located in Section 13 of Elkhart Township, quadrant 100, parcel 055, common location is known across from 0188 W. Waldron Lake Dr. Wawaka, IN.

Special Exception #549 Jose & Susana Meza, Hugo Casteneda, and Leonardo & Maria Leticia Almazan- Requests a Special Exception from the Town of Cromwell Zoning Ordinance (Outdoor Commercial Recreational Enterprise pg. 65 & Article 8.3 pg. 110) Hipodromos Los Pelones Horse Racing LLC, (Gutierrez Family) is requesting the use of three parcels, totaling an estimate of 48+/- acres, applying as one group for a Special Use. To allow up to no more than 8 Cultural events per year, ending by 8:00 pm with a capacity of no more than 500 persons. To include racing horses on a dirt track, showing horses, parades, food sharing, dancing, and music. All areas are located on the site plan and included in the Summary of Request submitted to the record on file. No alcohol sold on site, no weapons, no organized gambling activities at the site, and properly cared for horses; food, and water. Security on-site at the event. Real estate is located in Section 17 of Sparta Township, quadrant 100 (200), parcel 016 & 034 (057), common location is known as 10331 & 10355 W. 375 N. Cromwell, IN.  

G.    Junk, Trash, Debris & Zoning Violations

H.    Member Reports

I.      Future Agenda Items

J.     Adjournment

Noble County Board of Zoning Appeals - Regular Session

DATE: July 6, 2022 •   TIME:  7:00 p.m.

PLACE: Dekko Meeting Room, Noble County Office Complex South, Albion, Indiana

AGENDA

A.     Call to Order

B.     Roll Call

C.     Determination of Quorum

D.     Consideration of Minutes

E.     Unfinished Business

Variance #2250 Ernest E & Luella Mae Lehman- Requests a Development Variance from the Unified Development Ordinance (Article 2.03 & Page 11-10 Dwelling, Two-Family (Duplex)) to allow a 1,208 sq. ft. attached residential dwelling. Also, to allow both the primary and accessory dwelling to be attached by a heated breezeway to the shop making the structure a duplex, in an A1 Zoning district. Real estate is located in Section 24 of Perry Township, quadrant 200, parcel 008, common location is known as 6430 W. 825 N. Ligonier, IN.

F.     New Business

Variance #2260 Scott & Sandra Atkinson - 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 19' from the water’s edge with the closest point being the steps (South) and the construction of a 1,264 sq. ft. stamped concrete patio with 1,056 sq. ft. being roofed (lakeside). Real estate is located in Section 32 of Noble Township, Quadrant 100, Parcel 107, a common location known as 5436 S High Point Dr. Albion, IN.

Variance #2261 Devin L & Grace G Yoder- Requests a Development Standards Variance from the Unified Development Ordinance (Article 2.04 & 5.33 (Lot Standards)) to allow for 0' lot frontage, less the UDO minimum lot width of 150'; also, to allow 100 +/- acres to be divided into four potential building sites and for these tracts to have access from Noe Street with a requested Private Street Easement (Article 7.21) Subdivision #1037 awaiting Plan Commission Board approval. Real estate is located in Section 19 of York Township, Quadrant 400, Parcel 002, common location known as South of Railroad track on W. Noe Street; East of 6011 W Noe St. Kimmel, IN.

Special Exception #548 Tri-County Land Trustee Corp C/o Jason & Marla Knepp- Requests a Special Exception from the Noble County Unified Development Ordinance (Article 2.03) to allow a kennel for up to 15 adult dogs for commercial breeding. Real estate is located in Section 7 of Elkhart Township, quadrant 100, parcel 014, common location is known as 10815 N. 500 W. Ligonier, IN.

Variance #2262 Tri-County Land Trustee Corp C/o Jason & Marla Knepp - Requests a Development Standards Variance from the Unified Development Ordinance (Article 5.30) to allow less the UDO required minimum exercise yard setback of 200' to be at 130' from the North; also, less the UDO required minimum structure setback of 250' to be at 156' from the North for the lifetime of Jason and Marla Knepp. Real estate is located in Section 7 of Elkhart Township, Quadrant 100, Parcel 014, common location known as 10815 N 500 W. Ligonier, IN.                                                    

G.    Junk, Trash, Debris & Zoning Violations

H.    Member Reports

-Reminder all board members are allowed to turn in milage reports anytime of the year. Please be sure to have them all in no later than Dec. 1st. (This is from your home to the assigned site visit and back home.)

I.      Future Agenda Items

J.      Adjournment

Noble County Board of Zoning Appeals - Regular Session

DATE: June 1, 2022•   TIME:  7:00 p.m.

PLACE: Dekko Meeting Room, Noble County Office Complex South, Albion, Indiana

AGENDA

A.    Call to Order

B.    Roll Call

C.    Determination of Quorum

D.    Consideration of Minutes

E.    Unfinished Business

F.     New Business

EXTENSION REQUEST -  Variance #2222 Duck It Farms LLC - Requests to replace Development Standards Variance #2172 with a new request from the Noble County Unified Development Ordinance (Article 5.12) to allow relief from the Confined Feeding Standards for the placement of a 120x170 lagoon (capacity of 600,700 gallons) at 100 ft from the West and South property lines instead of the UDO required 250 ft and for a dry manure storage facility at 100 ft from the West and South property lines instead of the UDO required 250 ft.  Real estate is located in Section 29 of Sparta Township, quadrant 200, parcel 007, common location known as 1307 N 1000 W Cromwell, IN.

Variance #2259 Christine C Kiproff (Brink) - Requests a Development Standards Variance from the Unified Development Ordinance (Article 2.22) to allow less the UDO required 30' from the ROW to be at 20.74’ (West) and to allow less the UDO required 75' waterside setback to be at 30.24’ (East) and to re-place Variance #2152, approved on 7/10/19 for construction of a new home of 1,877 sq. foot, with an 11x24 uncovered porch (lakeside) and a 10x13 covered porch (lakeside). Real estate is located in Section 18 of Orange Township, Quadrant 400, Parcel 032, a common location known as 0228 E. Lakeview Dr. Wawaka, IN.                                   

G.    Junk, Trash, Debris & Zoning Violations

H.    Member Reports

I.      Future Agenda Items

J.     Adjournment

Noble County Board of Zoning Appeals - Regular Meeting

DATE: May 4, 2022•   TIME:  7:00 p.m.

PLACE: Dekko Meeting Room, Noble County Office Complex South, Albion, Indiana

AGENDA

A.     Call to Order

B.     Roll Call

C.     Determination of Quorum

D.     Consideration of Minutes

E.     Unfinished Business

F.     New Business

Variance #2248 Stuart W. Hirschy- Requests a Use Variance from the Unified Development Ordinance (Article 2.21) to allow for continued use and placement of a 1986 Manufactured Home in a Lake Residential Zoning (LR) district; requesting an additional 5 years of placement. Initial placement and continued placement were granted by Variance(s) 1457, 1627, 1813, and 1961. Real estate is located in Section 17 of Noble Township, quadrant 400, parcel 134 common location known as 4527 W. C Dr. Albion, IN.

Variance #2250 Ernest E & Luella Mae- Requests a Development Variance from the Unified Development Ordinance (Article 2.03 & Page 11-10 Dwelling, Two-Family (Duplex)) to allow a 1,208 sq. ft. attached residential dwelling. Also, to allow both the primary and accessory dwelling to be attached by a heated breezeway to the shop making the structure a duplex, in an A1 Zoning district. Real estate is located in Section 24 of Perry Township, quadrant 200, parcel 008, common location is known as 6430 W. 825 N. Ligonier, IN.

Variance #2254 Walter & Kaylene Elliott- Requests a Use Variance from the Unified Development Ordinance (Article 2.03, 5.52, & pg. 11-29) to allow the use of a Commercial Stable in an A1 Zoning District of 10,565 sq. ft. Stable would offer to board (up to 8 horses at a time, not including owners’ personal horses) and riding lessons to no more than 10 students per week. Also, to allow a permanent 4x4 ground sign, and to be transferable to the children of Walter & Kaylene Elliott. Real estate is located in Section 22 of Swan Township, quadrant 100, parcel 014 common location known as 3403 S. 950 E. LaOtto, IN.

Variance #2255 Steven & Kathie Wobler- Requests a Development Standards Variance from the Unified Development Ordinance (Article 2.22) to allow for a setback less the UDO Standard of 30' from ROW to be at 23', with the North setback being 7' and the South setback being 6'6" for the proposed addition of a 38x26 garage with a 9x20 breezeway, for a total of a 1,168 sq. ft. addition that will be attached to the primary structure. Real estate is located in Section 16 of Jefferson Township, quadrant 200, parcel 040, common location is known as 3398 N. Skinner Lake Dr. W. Albion, IN.

Variance #2256 Jeffrey A & Melinda M McAnelly- Requests a Development Variance from the Unified Development Ordinance (Article 2.04 & 5.33 Lot Standards) to allow less the UDO requirement that parcels open to a minimum width of 150 ft. within 85 ft. of the centerline of the roadway and to allow a longer distance before the parcels open to a width of 150 ft. (approx. 330.2 ft. for 400-013 parcel and 451 ft. for 400-008 parcel), if granted they may proceed to move the boundary lines by doing a 1-lot Minor Subdivision. A draft of a new easement agreement and the proposed Minor Subdivision was submitted. Real estate is located in Section 34 of Green Township, quadrant 400, parcel 008, common location is known as 3242 E. 500 S. Churubusco, IN.                                

G.    Junk, Trash, Debris & Zoning Violations

H.    Member Reports

I.      Future Agenda Items

J.      Adjournment