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

Noble County Board of Zoning Appeals - Regular Session

DATE: December 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

·         November 2, 2022

E.    Unfinished Business

F.     New Business

Variance #2275 Diana S Wisniewski - Requests a Use Variance from the Unified Development Ordinance (Article 2.03) to allow continued placement of a 2000 Manufactured Home (single-wide) for the lifetime of Diana S. Wisniewski on an A1 zoned parcel. Also requesting, the MFH to be removed within 6 months once this is no longer the primary residence. Initial placement and continued placement were granted by Variance(s) #1488 and #2004. The real estate is located in Section 26 of Swan Township, quadrant 300, parcel 003 common location known as 10388 E. 450 S. LaOtto, IN.

Variance #2277 Linda Click- Requests a Use Variance from the Unified Development Ordinance (Article 2.11) to allow permanent placement and transferable to a future owner(s), the use of a 1993 single-wide Manufactured Home, of 1,280 sq. ft. in R1 Zoning; due to the size and layout of the lot, placement of the well and septic would be the reason for the requested use. Real estate is located in Section 24 of Sparta Township, quadrant 100, parcel 117 common location known as 6301 W. Noe St. Kimmell, IN.                                              

G.    Junk, Trash, & Debris

H.    Member Reports

I.      Future Agenda Items

J.     Adjournment

Noble County Board of Zoning Appeals - Regular Session

DATE: November 2, 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

• October 7, 2022

E.     Unfinished Business

F.     New Business

Variance #2271 Philip E & Tamara A Meitzler- Requests a Development Standards and Flood Variance from the Unified Development Ordinance (Article 2.22 & 5.21) to allow construction of a detached garage greater than the UDO maximum structure height of 20' to be at 28' in Lake Residential (LR) zoning also, requesting to construct the garage at Base Flood Elevation (890.0’ (BFE)), instead of the 2’ above BFE as required in the floodplain ordinance, with the stem walls at Flood Protection Grade (FPG) of 892.0, and shall install FEMA compliant flood vents. Real estate is located in Section 13 of Elkhart Township, quadrant 100, parcel 051, common location known as across from 0152 W. Waldron Lake Dr. Wawaka, IN.

Variance #2272 Kenneth I & Stephanie A. Anderson- Requests a Use Variance from the Unified Development Ordinance to allow an existing 30x40 pole building and new construction 40x40 pole building to be used for a storage business (K & S Garage Doors and More LLC), and personal storage for Anderson on an A1 parcel (Article 2.03) without a primary resident. Owners attest to following all of the Type 3 Home Business Standards (Article 5.26), General Outdoor Storage Standards (Article 5.35), and only having one 28' or smaller box truck delivery a week. Transferable for the lifetime of Kenneth & Stephanie Anderson and children (Kenneth L Anderson & Larmont Holmes Jr.). Real estate is located in Section 17 of Wayne Township, quadrant 100, parcel 010 common location known as 9835 N. SR 3 Kendallville, IN.

Variance #2273 Jason & Shelly Barron- Requests a Use Variance from the Unified Development Ordinance (Article 2.03) to allow continued placement of a 2016 Manufactured Home (single-wide) for 2.5 years on an A1 zoned parcel for the lifetime of Stewart Lewis. The real estate is located in Section 22 of Swan Township, quadrant 300, parcel 010 common location known as 3734 S. 950 E. LaOtto, IN.          

Special Exception #555 Michael D. & Sandra L. Plank- Request a Special Exception from the Noble County Unified Development Ordinance (Article 2.03) to allow continued/permanent use of a 1200 sq. ft. apartment in an existing pole barn, transferable to the future owner(s). Current Accessory Dwelling was previously approved by Variance #1837 for the lifetime of Patrick Plank. Real estate is located in Section 34 of Jefferson Township, quadrant 100, parcel 008 common location known as 0540 N. 350 E. Albion, IN.

Variance #2274 New Beginning International c/o Pastor Saul Sauceda- Requests a Development Variance from the Noble County Unified Development Ordinance (Article 2.03) to allow 2 primary structures on an A1 zoned parcel; church (existing) and adding a church parsonage of approximate 1,800 sq. ft. Real estate is located in Section 30 of Sparta Township, quadrant 400, parcel 009, Lot 1 in Wood View Subdivision; common location known as 1990 N. 1200 W. Cromwell, IN.

G.    Junk, Trash, & Debris

H.    Member Reports

I.      Future Agenda Items

J.      Adjournment

Noble County Board of Zoning Appeals - Regular Session

DATE: October 5, 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

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 #2269 Steven L & Regina Bontrager- Requests a Use Variance from the Unified Development Ordinance to allow a Type 3 Retail, Medium Intensity (Article 11 pg. 32) in A1 zoning to be placed in an existing 30x60 shop to sell onsite hunting and sporting goods consisting of the following items: archery bows and arrows, clothing, boots, tree stand’s, food plot seeds and other hunting equipment (No firearms will be sold). Also requests to have outdoor display areas for tree stands and targets. Landowner attests to follow the Type 3 Home Business Standards (Article 5.26). For the lifetime of Steven & Regina Bontrager. Real estate is located in Section 17 of Elkhart Township, quadrant 400, parcel 003 common location known as 9719 N. 450 W. Ligonier, IN.

Special Exception #553 Lavern W & Sue Ann Fry- Requests a Special Exception from the Noble County Unified Development Ordinance (Article 2.03) to allow a kennel for up to 14 adult dogs for commercial breeding in A1 zoning. Real estate is located in Section 4 of Elkhart Township, Quadrant 100, Parcel 001, common location known as 3341 W. 1200 N. Ligonier, IN.

Variance #2270 Lavern W & Sue Ann Fry - Requests a Development Standards Variance from the Unified Development Ordinance (Article 5.30) to allow for less the UDO required minimum setback of 200' for the exercise yard (11,160 sq. ft.) to be at 100' as measured from the centerline of the road from the North, 40' from the South, and 50' from the East; also, less the UDO required minimum structure setback of 250' to be at 130' from the North, 50' from the South, and 190' from the East; (noting meets both West required minimum setbacks). Real estate is located in Section 4 of Elkhart Township, Quadrant 100, Parcel 001, common location known as 3341 W. 1200 N. Ligonier, IN.

Special Exception #554 Laura A Gould- Request a Special Exception from the Noble County Unified Development Ordinance (Article 2.03) to allow construction for permanent placement of an accessory dwelling of 1,185 sq. ft. Real estate is located in Section 15 of Swan Township, quadrant 100, parcel 005.                                      

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: 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