24 October 2022 Dearborn County Plan Commission Meeting Notes
Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, Jeff Hermesch, Mark Lehman, Joe Vogel, Jake Hoog, Dan Lansing, Jim Thatcher
ABSENT: Eric Lang
Also Present: Nicole Daily, Zoning Administrator, and Andy Baudendistel, Attorney.
Baudendistel read the Title VI statement as legally required.
MINUTES: May 31, June 27, and Sept 26 minutes were approved.
OLD BUSINESS: none
NEW BUSINESS:
Appeal of the Technical Review Committee’s Approval of a Primary Plat for a Minor Subdivision that has 5 lots called Brand Minor Subdivision. The appeal is by adjoining property owners and must be heard by the Dearborn County Plan Commission.
Applicant: Seig Surveying
Owners: Jeff and Lisa Brand
Site Location: 23186 Weisburg Road Section 1, T7, R3
Parcel # 15-04-01 700 085. 000 009 and # 15-04-01-200-070.003-009
Township: Jackson
Zoning: Agriculture
Size: 22.57 acres
Baudendistel explained that if the rules of the subdivision ordinance were followed in granting the request then is within the code. If the Plan Commission finds that the rules were followed, then is must grant approval.
Nicole Daily then presented the plat and showed the division of the acreage to 5 lots including 2 panhandle lots. Soil testing was done on each lot also for septic systems, The requirements for setbacks were followed and there is a shared driveway set up. Lot 3 has a building that was a house but is now a storage building there. It has to be checked to be sure the septic was properly abandoned etc on that per Daily.
Applicant- Seig Surveying representing Brands. He stated that they are not asking for any waivers or variances. Lots are similar to neighboring lots. It’s a family division. Many families like to do that of they have an opportunity to do that. They reiterate 4th at the building on lot 3 is clearly a storage facility now and not a home.
PUBLIC DISCUSSION:
Matt Berning: Adjoiner. Passed out some material to the board. First - it sounds like if the requirements are met then the only way we can stop this is via a technical issue. First issue he has is that there are 30 ft row and his plat had 25 ft. That was corrected by the board as it is 30 ft. Doesn’t think that its a reasonable argument regarding the house that was abandoned when it was occupied in 2021. If family wants kids to live by them- why abandon a house next to them?
Lot 5 is so flat that he cannot see how it can meet septic requirements. It would have to be a raised mound system due to the high water table there.
My fear is that each dept is only looking at their portion and not the whole picture. He sees a vision issue as people drive on the road around that . Adjoining property owners were listed wrong. He is listed as owner of his parents place.
Dan Agapy sp?: Only issue is traffic. Since the Weisburg Bridge has been fixed the traffic has increased. We’ve been out there 40 plus years. Farmers are selling more now. We moved out there for privacy. How’s the drainage going to affect the bridges and roads washing out etc. Privacy and traffic are his concerns and safety of the kids out there without having cars buzzing by you.
Greg Agape sp?: I live on Van Wedding- not on Weisburg. Concern is increased traffic. Somebody was hit by the train. More traffic on my road from the weisburg bridge work and it has continued. Traffic is going way faster than speed limit. I moved for privacy . I really don’t like people.
Randy Metzner: 20 years an adjoined to this property. You have a complaint that II have filed about drainage. There is an underground spring there. There are 3-4 streams in this area, and I will end up with flooding if we don’t do something to handle the drainage here.
Kraus said they don’t have drainage requirements on a minor subdivision. Only recourse would be a civil suit. Metzner- But cannot do that till I get flooding. Kraus- County Stormwater Coordinator does not have enforcement powers. Metzner- there is nothing I can do to get it off my property. I’m at the mercy of the developer and the goodwill of the Brands. There is a lot of water that comes down in a good rainfall. You could just about ride a kayak down there then. Chief concern is flooding. Lehman told him that the Brands would have to put proper culverts in or their driveway would wash out too.
Allison Knue: I grew up near them. I don’t live there now, but visit my family there often. Implores them to make sure they clearly and meticulously meet the technical issues. There is also a 25 ft existing easement along the 30 ft panhandles of the subdivision. Family subdivisions since 2002 have to fall into the minor siubdivision rules. She also questioned if a driveway could even exist on the panhandles.
Tim Agape: Reiterated that they need to be sure all technical aspects of this are met. This neighborhood is a community of families that have been out there for a long time. I know we cannot keep it the same way. I want the dogleg panhandles to be checked and also all the tech aspects be adhered to. Agrees with the rest of the speakers.
Ron Patner sp?: Property adjoins and the county put a culvert out there that runs water back onto our property. He’s been there 73 years. I’d like to know that this is going to be fixed. Lot 5 can’t go to Weisburg Creek- it will end up back onto us more. Kraus said he would talk to Highway Supt and Engineer, but I cannot promise it will be fixed. Kinzer’s and Bush’s property is involved in this change of drainage also. Wants the water from Lot 5 to go to Weisburg Creek and not his property.
Dean Kinzer: I’ve lived there since 1981. Culvert got changed a year ago in November. Mr Grieve has been out there several times. That water used to flow South. I’ve spent a lot of time and money trying to keep it working. One of the proposed septic sites flows toward all this. I’ve got it alleviated after all these years and so my concern is drainage. I’m retiring and I repair guns to supplement my income. I don’t want to lose that. Tim Grieve ( Hwy Supt) has been out there too. There is a natural drop there. Thatcher asked - can this be fixed by proper ditching. Yes. Talking about the natural drainage. It would end up in their pond. Thatcher wanted three of the neighbors phone numbers after the meeting.
Greg Agapy sp?: Preventative maintenance is better than being reactive, He does not understand why they can’t prevent something worse happening. You can see that the rains are getting worse. So this won’t improve the drainage issue. (Apparently the water flow issues changed when the pond was put in?) Water ends up in their yards.
END PUBLIC DISCUSSION ( 8:30 PM)
Seig asked if they had any questions.
Lehman asked what the 25 ft easement is for- Lots 1,2, and 3.
Seig- Yes- to meet code on driveway spacing.
Lehman - they could have drawn lots 1,2,3 and asked for a waiver. Not sure if that’s enough to say it does not meet subdivision regulations.
Beiersdorfer- understand the neighbors issues. ( he lives in the area) But I have to go by what our rules say. If I deny it they ( Brands) will have every right to sue the county. And they will win and it will go in anyway.
Lehman motioned to approve a minor subdivision of 5 lots primary plat (described above) as submitted tonight. Seconded by Beiersdorfer. Approved.
ADMINISTRATIVE- 8:58PM
- Review and address affidavit for previously approved Moores Hill Section 2 of Miller’s Addition- Nicole Daily- a subdivision on SR 350 that was approved in the early 2000’s. It had been replatted. It was signed off by the town of Moores Hill. BUT it was in the county.Owners wanting lots wanting to be sold and its stopped to clear up the legal issues with signing off it. Issues with lot 15 on septic approval. It has to be joined to another lot or access to sanitary sewer. They got signatures of owners. The owners were Elvin and ?? Miller. Family settling their estate. All lots sold except 15 and 16. Family retains it.
Plan Commission approved the affidavit.
2. Review and discuss proposed ordinance amendments and updates to the Dearborn County Zoning Ordinance, specifically with respect to the DRAFT zoning map alternatives and DRAFT texts of Article 9 and 1, regarding Agricultural and Residential Zoning Districts, Article 25 regarding General Standards, and Article 27 regarding Definitions.
(Sparta, Hogan, and Center Township maps MAY be discussed if the meeting doesn’t go too long)
Sparta Township Map changes were OK as presented tonight with no changes. It is mostly Ag except for around the town of Moores Hill.
Hogan Township - did not touch any industrial or commercial sites as this was just to create the Ag and R districts. The R areas are along 350 by the school and along the areas already developed. It was decreased a bit due to lack of sanitary sewer.
OK with Hogan Township as presented.
CenterTownship- has some R2 in it due to proximity to city of Aurora. Also changed some R to Ag Homestead as it is around Laughery Creek area and flood plain.
OK with the map as presented.
PC and BZA meetings will move from 7 PM to 6 PM starting in January of 2023.
Meeting adjourned at 9:30 PM
Christine Brauer Mueller
Lawrenceburg Township
