10 November 2026 Dearborn County BZA Meeting
PRESENT:
Phil Darling, Chairman Appointed by Commissioners 01/01/2024 to 12/31/2027
Russell Beierdorfer, Vice Chairman Appointed by Plan Commission 01/01/2024 to 12/31/2027
Mark Lehmann Appointed by Commissioners 01/01/2024 to 12/31/2027
Andrea Shuter Appointed by Council 01/01/2026 to 12/31/2029
Alan Miller Appointed by Commissioners 01/01/2026 to 12/31/2029
Also present: Nicole Daily, Planning Director, and Andy Baudendistel, Attorney
Minutes- October 13 Minutes -APPROVED
New Business
- Request: D.S. Variance for 100% reduction of landscaper requirement on the west property line Applicant/Owner: Maxwell Construction/Whitewater Processing LLC Site Location: 28075 Moore Drive Legal: Sec 10/15, T7, R1 Parcel: #15-01-15-100-004.000-006; #15-01-10-400-033.000-006 Township: Harrison Size: 90 +/- Acres Zoning: Industrial (I)
Nicole Daily - presented. They were given a 25% reduction already from Tech Review. They are asking for 100% reduction now. They were to have 34 trees on that side. Ag on that side- they said the previous trees have issues due to farmer overspray in the past. She showed slides of the property lines and what they look like.
Bufferyard level 3 was what it started with. 13 letters mailed out and 9 delivered.
It’s the tree line along the cornfield. Darling thought the former would not want trees shading his crop field either. Had that problem with another case before.
Lehman asked about where the buffer yard size. Daily thought they wanted dirt to stay at 35 ft. Darling thought they should keep that grassy area as is.
Ryan Kopp- owner- Maxwell advised him to bring this up about the farmer and avoiding suing over overspray killing trees It will eliminate issues between than and the farmer.
No Public wished to speak.
Beiersdorfer- Since the neighbor actually asked to not have the trees, he motioned to allow the variance allowing 100% reduction in trees along that west side of the property. 2nded Approved.
2. Request: Variance of Use to run a welding shop in Agriculture Homestead Applicant/Owner Seig Surveying/Rick & Gail Walter Site Location: 5664 Bischoff Hill Road Legal: Sec. 7, T7, R1 Parcel: #15-01-07-200-005.000-018 Township: Logan Size: 87.64 +/- Acres Zoning: Agriculture Homestead (AH)
Variance of use for a welding business. They had a home occupation permit many years ago. Now it is increasing its business and size. Seig Surveying was hired to help with the flood-plain and floodway areas. This was not in the flood plain and floodway in 2014. The covered bridge was from before that time. The hoop barn is open and above base flood elevation. Electrical had to meet standards for that flood plain. The flood plain issues are now at bay and she was comfortable with them coming to BZA with this request.
Staff wants a private lane established between the house and the business. They will need a minor site plan permit. Also elevations and diagrams on electric. Have to work with Health dept for septic due to employees. He is surrounded by woods. No outdoor storage that cannot be moved immediately. 7 letters mailed and 4 delivered.
Rob Seig spoke for the applicant. Presented signed letters from the neighbors. The red area is the floodway. The gray areas are considered fringe. We have identified the outside storage areas, if you are going to require moving them. Berms were constructed prior to the Walters owning the property.The water has never come up there in the 30 years they are there. They are asking to keep those buildings there. Going to 600 amp service at the right grade. Described the building as how they work there. They needed more power to get there increased needs.
No public wished to speak.
Darling liked that they talked to all the neighbors and got signatures. We usually do not get that. Walters has been there 30 years. Apparently no one has complained. Beiersdorfer thinks they should keep him in business, Lehman motioned to approve the variance with condition that outdoor storage are remain the same size. Septic be suitable and so forth as the PZ office recommended. The forest screening remains. Approved.
Board member Andrea Shuter left at this point .
3. Request: Variance of Use to run an automobile light installation business Applicant/Owner: Jason Willoughby Site Location: 9330 SR 48 Legal: Sec. 33, T6, R2 Parcel: #15-05-33-100-006.001-019 Township: Manchester Size: 1.219 +/- Acres Zoning: Agriculture Homestead (AH)-
Daily stated that the majority of the work is on police and EMS vehicles. There are up to 4 cars a week stored on site. This needs a variance because of size and parking outside. The old elementary school is by this. They have existing fencing where the parking is- but it is the neighbors fencing. Would like to have it as a condition that if that fence came down, Willoughby would have to replace that fence. Minimal hours he works and no additional outdoor storage as this is in residential area also. 6 letters mailed- 4 delivered.
Jason Willoughby - have been working on county vehicles for 5 years now. He built the barn and wants to work there. He does want to apply fr a dealers license Not a traditional car lot, just occasional vehicles for sale. Shop is 36x50. He lives on the property- so he won’t want to keep many vehicles; es there.
Lehman quizzed him regarding the number of vehicles out there. He nailed it down to 6 vehicles tops for the outside. They do not want this to be a traditional car lot. Darling agreed.
No public wanted to speak.
Lehman motioned motioned to allow the variance with conditions- no additional outdoor storage will be created, up to 6 vehicles can be stored for a period of one week. If the fence is removed- he has to replace that fence between the 2 properties. 2nded Approved.
ADMINISTRATIVE -Daily: For the month of December we have 5 cases with one cell tower included. They will have January 5th for the BZA- only of there is a TABLED one from the December meeting. The cell tower will be the last case on the Dec. meeting. The cell tower is requested on the same side as the South Dearborn Elementary School. One other case is on cow cuddling (Highland Cows) business.<Laughter> And 3 others.
Adjourned 6:50 PM
Christine Brauer Mueller
Lawrenceburg Township
