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					1 PETITIONERS: Marci and Mathew Rice

DRAFT CICERO/JACKSON TOWNSHIP BZA MEETING MINUTES For July 16, 2009 Chairman Art Hall called the Cicero/Jackson Township BZA meeting to order at 7:00pm and the members were present or absent as follows: ROLL CALL Present:

Art Hall-Chairman Bruce Freeman-Vice Chairman Stephen Zell-Secretary Dan Strong Annmarie Alligood Karen Blake-Recording Secretary John Culp-Legal Counsel Paul Munoz-C/JT Plan Director none

Absent: 1.

DECLARATION OF QUORUM Chairman Art Hall declared a quorum with all members being present.

2. COMMUNICATIONS/REPORTS: Plan Director Paul Munoz stated he had nothing at this time. 3. APPROVAL OF MINUTES: Chairman Art Hall asked for corrections to the June 18, 2009 minutes. Corrections were submitted. Stephen Zell made a motion to Approve the June 18, 2009 minutes as amended. Bruce Freeman seconded that motion. The motion to Approve the June 18, 2009 minutes as amended was approved with a vote of 4-0-1 with Art Hall abstaining. 4. NEW BUSINESS BZA-0906-9-SEV SPECIAL EXCEPTION VARIANCE AND PUBLIC HEARING Chairman Art Hall read the overview. The petitioner would like to open operate a commercial dog boarding kennel. Property location: 7266 East 241 Street, Jackson Township, IN Zoned: R3 Property owner: Marci and Mathew Rice Acres: 1.87 Parcel: 03-02-35-00-00-007.104 Chairman Art Hall asked the petitioners to explain what they would like to do. There was a discussion as to whether or not the petitioner would need a Special Exception or a Land Use Variance for the commercial use. It was decided that a Land Use Variance was more appropriate for this application. C/JT BZA MINUTES 7-16-09
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2 John Culp asked if the proper notification had been done. Marci Rice the petitioner stated that she had done so and submitted the information to Plan Director Paul Munoz. Mrs. Rice then began to explain what she would like to do. She would like to start a dog walking and dog sitting business. Her business would board up to five dogs. In the future she would also like to build an outdoor facility and some day provide obedience training. Mrs. Rice stated she would also like to start a program that would rescue dogs, then release the dog to a service, and again rescue another dog and do the same thing. Mrs. Rice stated she had no plans to install an advertising sign in the yard; her business would only be word of mouth advertising. Mrs. Rice stated that her neighbors have no problems with her doing the business. The neighbors are very supportive. There was a brief discussion as to who would build the boarding facility. Mrs. Rice stated it would be the same builder who built there house. There was a brief discussion as to how big the current house in relationship to the proposed facility to house the dogs. Mr. Rice stated approximately 3,400 sq feet. The ground floor is approximately 2,300 sq ft. There is no basement so if the business does not success they will use the space as a three car garage or storage. There were some brief questions: Dan Strong asked about a specific location on the property. Mrs. Rice stated that was her garden. Dan Strong asked whether or not there were any easements. Mr. Rice state there may be one along the back side of the property. Stephen Zell asked if they would be taking in cats. Mrs. Rice stated they would not because the family is allergic to them. She would be more than happy to visit a location and take care of a cat. Stephen Zell asked about signage or business cards. Mrs. Rice said she had no plans for signage on her property. She will be functioning by word of mouth. Stephen Zell asked about how the adjacent neighbor felt about the idea of a boarding kennel. Mrs. Rice stated that her neighbors were fine with it but they were also the only two property owners that they did not get the return card back from them thru the mailing. Chairman Art Hall asked for the two addresses to be place in the minutes stating there was no response from these property owners. The two addresses are: Chris and Amy Baker at st st 7100 East 241 Street; and Evert and Francis Snow at 7320 E. 241 Street. Annmarie Alligood asked about the proposed building. She wanted to make sure that Mr. and Mrs. Rice understood that tonight approval was not approving the construction of the proposed building. Mrs. Rice stated she understood this. Annmarie Alligood asked if there was going to be any plumbing. Mrs. Rice stated she would like to have a sink if and when they decide to build. Annmarie Alligood asked if there was going to be any electrical. Mrs. Rice stated she would like to have lights again when they decide to build. C/JT BZA MINUTES 7-16-09

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Annmarie Alligood asked if there was going to be any heating and cooling. Mr. Rice stated that the house is Geothermal so they will be going this direction. Annmarie Alligood asked if they were of the liability involved with taking care of animals. She asked if they plan to get liability coverage. Mrs. Rice said per her business plans states she will be getting the necessary coverage. Dan Strong stated he wanted to make sure that when the proposed building is done that there would be no living quarters at the location. Mrs. Rice stated she understands this, and agreed that no living space will be at the location. Mr. Rice also agreed. There was a brief discussion stating this would be recorded with the property and this will be added as a restricted covenant on the property. Dan Strong asked about the type of fencing they will be using. Mrs. Rice stated there would be no dog runs. The proposed building will be large enough, just like a three car garage. Mr. and Mrs. Rice also stated they have not gotten that far. It was stated that the maximum height of a fence in the area could only be six feet. Chairman Art Hall asked about the limit of the dog pens. Mrs. Rice stated that she would not have more than five. Then Mrs. Rice agreed to five pens as requested. Chairman Art Hall stated that there was a public hearing on this and asked for a motion. Stephen Zell made the motion to Open the Public Hearing on BZA-0906-9-SEV (WHICH IS NOW A LAND USE VARIANCE). Dan Strong seconded that motion. The motion to Open the Public Hearing on BZA-0906-9-LUV (WHICH IS NOW AS LAND USE VARIANCE) was approved with a vote of 5-0. Comments from the audience: There were no comments. Annmarie Alligood made the motion to Close the Public Hearing on BZA-0906-9-SEV (WHICH IS NOW A LAND USE VARIANCE). Stephen Zell seconded that motion. The motion to Close the Public Hearing on BZA-0906-9-LUV (WHICH IS NOW A LAND USE VARIANCE) was approved with a vote of 5-0. Additional comments from the BZA: John Culp stated that per Article 12; section 12-6 that the petitioner would be approved for a Land Use Variance instead of a Special Exception because a Commercial Kennel is not permitted under the Home Occupation Two. The BZA will have to satisfy five finding instead of the four findings necessary for a Special Exception. John Culp also stated that the Land Use Variance will end if the property is sold and the petitioner will have to submit and record written covenants. Also if you elect to quit your business and remain closed for three months the business can’t be re-opened. Bruce Freeman asked and wanted to make sure that the petitioners would not be doing any Puppy Mill programs. Mrs. Rice stated she will not be doing that. There was a brief discussion regarding should she rescue a dog going to have puppies. Mrs. Rice stated she would agree to only have the puppies for a limited time. Bruce Freeman asked who would be checking on this. Mrs. Rice stated she would be applying for a business license and submitting her information to the state. C/JT BZA MINUTES 7-16-09

4 There was a brief discussion regarding whether or not they would have any other employees. Mrs. Rice stated that she and her husband would be the only ones except maybe some help from their kids as necessary. It was agreed that only family members would be working the business. Chairman Art Hall then asked for a motion of approval. Dan Strong made the motion to Approve BZA-0906-9-LUV the opening and operating of a commercial kennel with the following conditions: 1. There will only be a maximum of five dogs along with only five dog pens, and should there be puppies, the puppies should be release within 90 days; 2. There will be no other employees except for family members working for the business; 3. There will be no living quarters at the proposed building when constructed and will be recorded and attached to the covenants; 4. When construction of the business building the property owners will apply for necessary permits. Stephen Zell seconded that motion. The motion to approve BZA-0906-9-LUV the opening and operating of a commercial kennel with the following conditions: 1. There will only be a maximum of five dogs along with only five dog pens, and should there be puppies, the puppies should be release within 90 days; 2. There will be no other employees except for family members working for the business; 3. There will be no living quarters at the proposed building when constructed and will be recorded and attached to the covenants; 4. When construction of the business building the property owners will apply for necessary permits. Was approved with the following vote: Annmarie Alligood-yes Stephen Zell-yes Art Hall-yes Dan Strong-yes Bruce Freeman-yes Chairman Art Hall told Mr. and Mrs. Rice to meeting with Plan Director Paul Munoz to finish up the necessary paper work. 5. OLD BUSINESS JACKSON STREET CAFÉ: Chairman Art Hall asked about the status of the Jackson Street Café. Mr. Culp reported that two Councilmen were to meet with the owners. Those council members were Jerry Cook and Key Hartley. Mr. Culp also reviewed what had happened so far. Stating Jimmie Johnson who was the acting Director at the time had drafted a letter to the owners. He had asked Mr. Culp to C/JT BZA MINUTES 7-16-09

5 review the letter. The letter was sent, but since then it has been place on hold until things settle down for Mrs. Hartley and her family. Mr. Culp stated that Dan Strong had recused himself from the situation even thought he had never indicated any conflict of Interest concern. They are now waiting for an update from the council. 6. CORRESPONDENCE: None 7. PRESIDENT’S REPORT: None 8. PUBLIC COMMENT: None 9. DIRECTOR’S REPORT: Plan Director Paul Munoz reported that the Cicero/Jackson Township Plan Commission had a special meeting regarding the Aesthetic Review Overlay District at two locations being Sullivan’s Hardware and the new Big Guns Cycle Shop which is located at the old Anvil Inn location. He also reported that on the August BZA agenda there will be another variance addressing the total square footage of signage at Sullivan’s. The original sign will not need a variance but the four panel signs will need a variance. 10. LEGAL COUNSEL REPORT: Mr. Culp reported that Mr. Munoz was doing a very good job. 11. NEXT BZA MEETING Chairman Art Hall stated that the next BZA meeting would be on August 20, 2009 12. ADJOURNMENT: Annmarie Alligood made the motion to adjourn the July 16, 2009 BZA meeting. Stephen Zell seconded the motion. The motion to adjourn the July 16, 2009 BZA meeting was adjourned with a vote of 5-0. Signatures: ___________________ Art Hall-2009 Chairman ____________________ Bruce Freeman 2009 Vice-Chairman ____________________ Steve Zell-2009 Secretary ___________________ Karen M. Blake 2009 Recording Secretary __________________ Date

C/JT BZA MINUTES 7-16-09


				
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