Wednesday, January 14, 2009

13 January 2009 Dearborn County BZA Meeting Notes

Present: Mike Hall, Chairman, Ken Nelson, Nicole Daily, and Jim Deaton.
ABSENT: Jake Hoog (recently appointed to PC) and Arnie McGill, Attorney

Also present: Katie Rademacher, Enforcement Officer

Election of Officers and appointment of attorney were tabled until February, when BZA positions will be filled. All current positions will hold as is until then.


1. A front yard dimensional variance of 15 ft was granted for Carl Dewberry on Woodland Hills Drive in Sparta Township on 6.2033 acres of AG zoned land. Dewberry plans to build a 720 sq ft garage there. Nelson motioned and Deaton 2nd to approve the 15 ft. variance for the accessory building, deemed necessary due to topography issues and found that it doesn’t give him any special advantage that the neighbors wouldn’t have. All ayes.

2. Kevin McCord of Signarama presented the conditional use request for Dave House of HOCO Development for an existing electronic message board sign at Stateline Rd. near HVL entrance in Lawrenceburg Township. The land is part of the Sugar Ridge PUD and has 5.699 acres.

The Sizemores living next door spoke against it, since they contend that the bufferyards etc that were to be planted have either died or been inadequate. Some of these were to be done by Sugar Ridge, which is bankrupt, and some were to be by HOCO. They allege that the parking lot of the strip retail area has 34 lights and each business has a lighted sign also. These lights are a nuisance to them.
The board found that they couldn’t force HOCO to redo Macke’s work on the Sugar Ridge buffer (dead trees), but they did want to be sure that HOCO completed their landscaping.

Nelson motioned and Daily 2nd to approve the conditional use for the sign and directed the enforcement officer to be sure they were in compliance will all buffering and screening before the sign is allowed to be turned on. All ayes.

3. Dan Fugate presented a conditional use request for a 60-unit assisted living retirement facility on SR 48 across from the entrance to Sunrise Estates on 10.7 acres zoned R in Lawrenceburg Township. The previous multi-family request for this property in 1997 had expired.

The building is to have an Alzheimer’s Care Wing for Memory Care.

The 10.7 acres is part of a total tract of 87 acres. It has sewer provided by Lawrenceburg and the roadway in it will become a dedicated street. It has two access points to adjoining sections of Fugate’s 87 acres. If the housing market improves, they will add Independent Living Cottages.
Fugate’s partner in this endeavor is Bill Fitzpatrick of Fitzpatrick Mynatt, a realty firm in Alpharetta, GA.

Jim Deaton excused himself at this point as he felt he might have a conflict of interest.

Fitzpatrick said they plan 20 full time employees and that most of the residents will not be driving. Density was harder to figure on this as it is all in one facility and not really apartments etc. Fugate says he wants this to be a nice comfortable place- not institutional.

Hall noted there is a good road leading to the hospital down the road. He noted the risk in not planning the full project at this point, as it might not all work out later, including a possible required 2nd access point to SR 48 needed if the project expands for more housing.

The board held them to the 60 units as advertised. They will have to come back if they need more.

Nelson motioned and Daily 2nd to approve the request for a 60- unit Assisted Living Facility INCLUDING the Alzheimer’s space on 10.7 acres split from an 87-acre tract. This does not give any commitments for future land use on the larger part of the 87 acres remaining. It acknowledges that the multifamily use for 252 units has expired and is NOT part of this decision. Any changes have to come back to the BZA. All ayes.

ADMINISTRATION:Rademacher passed out enforcement reports.

Meeting adjourned at 8:50 PM

Christine Brauer Mueller
Lawrenceburg Township

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