BZA 39-26: Steven Massie:

Being a continuation of the public hearing on the matter of an application requesting a modification of a previously approved variance of use (BZA 65-25) from the terms of the Delaware County Comprehensive Zoning Ordinance, to allow the operation of a tree service business, including the storage of work vehicles, brush, and trees, in a farm zone, on premises located at 11801 West County Road 400 South, Salem Township, Delaware County, Indiana, as more accurately described in the application.

• Applicant Testimony: Steven Massie reported that since December, he has spent over $6,000 and countless man-hours to comply with those BZA conditions, including planting arborvitae for screening. He noted that while some trees died, he is committed to the improvements. He agreed to strictly adhere to conditions regarding no burning, parking vehicles at the rear, and removing debris within two weeks.
• Public Comment: Neighbor Jason Reed spoke in favor, stating that Massie has done a good job cleaning the property and that neighbors are satisfied as long as the standards are maintained. Ms. Swackhamer read an email from neighbor Nick Melander expressing support provided Massie continues to follow the agreed-upon conditions.
• Board Discussion: (John Hamilton arrived during this case) The Board discussed making the variance permanent while retaining strict operational conditions.
• Action: Steven Hinds moved to approve with conditions: 1) The variance be for the applicant only, 2) That all business materials/vehicles screened from view, 3) That business operations cease at 8:00 P.M., 4) There be prompt cleanup of materials, and 5) there shall be no on-site burning. Matt Billington seconded.
• Vote: Approved 4-1-1 (Hamilton, Hinds, Ivy, Billington: Yes; Fritch: No; Mathewson: Abstain).

NEW BUSINESS

BZA 21-26: Davis-Carey Co. LLC and Rejuvenate Residential Services:

Being a public hearing on the matter of an application requesting the modification of a previously approved variance of use (BZA 07-26) from the terms of the City of Muncie Comprehensive Zoning Ordinance, to allow group housing for up to 4 adults, rather than the previously approved condition of not more than 3, in a residence zone, on premises located at 1904 East 22nd Street, Muncie, Indiana, as more accurately described in the application.