12 April 2005 Dearborn County BZA Meeting Highlights

12 April 2005 Dearborn County BZA Meeting Highlights

Present: Chairman Deaton, Baker, Ohlmansiek, and Hoog. 5th member absent.
Also present: Travis Miller, Planning Director, Mark McCormack, Enf. Officer, and Arnie McGill, Att’y

1. Stephanie McCurry’s request for a 110 ft. side lot variance on her 30- unit kennel in an Ag district in Logan Township on Peppertown Rd. was DENIED.
Issues brought up by the neighbors included sanitation and flow to Johnson Fork Creek, Road safety, noise, security from more strangers on the road as well as dogs getting loose. 52 signatures on a petition were delivered to the board.
[NOTE: There were several people who spoke about having quiet and peace in the country and the noise potential. Though enclosed there was clearly no assurance that the building was insulated enough to keep the noise level down. There were no references among the board members to the ordinance sections 2528 and 2532 and any attempt to see if the construction could meet those guidelines on noise abatement.]
Baker’s motion to deny died for lack of a second.
Hoog motioned to approve the variance with a change in hours of operation from 8-6PM and a max of 30 dogs per 30 units. He also referenced the points of law to be satisfied in granting a variance. Ohlmansiek 2nded with 2 Ayes and 2 Nays. With no further motions the application for a variance was denied.

2. Conditional use for Rohe Development represented by Bayer/Becker engineers for the location of condos on Mt. Pleasant Rd. in Logan Township was APPROVED.
Only one member of the public (Karen Wolff) spoke at this, citing issues with numerous condo and apt. approvals in the area, school overflow, safety issues with Harrison covering fire and ems services, possible overextension of St. Leon Sewer capacity, and road issues with the narrowness of Mt. Pleasant and the North Dearborn intersection deficiencies. She ended with: “On behalf of the rural community, please do not approve this.”
Bayer Becker noted that the Plan Commission and Commissioners unanimously approved the plans, with changes that the developer had signed off on. They did not have their covenants drawn up, they did not have their plans redrawn to reflect those changes, and they did not have the HOA terms defined yet. They stated that the roads IN the development were private and so no county expense on maintenance etc. They did not offer to do anything extra to Mt. Pleasant other than the area in front of their development.
[NOTE: What’s the hurry? It seems that the BZA should have tabled this item to get accurate drawings, definitive plans particularly regarding the ownership and duration of the greenspace, and perhaps some funding to share in the county’s expense in improving the intersection at North Dearborn, because of the increased stress on the road and intersection that this density will cause. Other developers are stepping up to the plate and providing this as an incentive to getting their developments accepted, when they are proposed in an area ahead of the planned road improvements.]
Ohlmansiek motioned to grant the conditional use to reflect the site plan and written commitments to the Plan Commission, Commissioners, and Rohe Development. Hoog 2nd. All ayes. Passed unanimously.

Meeting adjourned after some administrative issues at approximately 9 PM

Christine Brauer Mueller
Lawrenceburg Township