Mr. Johnson stated that they were only there long enough for him to take the engines out.

Mr. Wiseley clarified that the request made no mention of selling cars therefore the Board cannot grant the selling of cars only to business related to the repair of vehicles.

Ms. Fritch asked for the zoning definition.

Mr. Wiseley stated that Article 31, Section 4.A. which states “a salvage shall be an area where waste paper, rags, discarded or salvaged materials are bought, sold, exchanged, bailed, packed, disassembled or handled. A salvage yard shall include auto wrecking yards, dismantling of machinery, house wrecking yards, used lumber yards and places or yards for the storage of salvaged house wrecking and structural steel materials and equipment. A salvage yard shall constitute only that portion of a lot where waste materials, papers, rags or discarded or salvaged materials, automobiles not in running condition, house wrecking materials, dismantled machinery and equipment are concentrated upon. The presence of such materials on a part of a lot shall not preclude the use of remaining unused area of the lot for salvage purposes”.

Ms. Fritch asked if it would then become the Building Commissioners authority to enforce those activities occurring on a property.

Ms. Swackhamer stated yes, he would have that authority.

Ms. Knapp asked if based on what was just read, weren’t they salvaging now.

Mr. Wiseley stated that it was a very gray area on storage and working on the vehicles.

Ms. Swackhamer stated that Mr. Fouch had the concern that there were salvage operations which was why he stopped at the property and recommends that there be no salvage activity.

Ms. Fritch asked if the this met the definition of a salvage yard.

Ms. Wiseley stated that he did not have sufficient information to truly presume this was a salvage yard and that the cars parked there were not actively being worked on.

Ms. Fritch made a motion to approve BZA 26-26 the appeal filed by Josh and Lisa Johnson with the hardship as stated in the application with the following conditions; 1) That there be no additional employees; 2) That all work equipment be screened from public view; 3) That there be no salvage activity on the property, including storage of non-running vehicles; and 4) That all work stops after 5:00 PM. Mr. Hinds seconded the motion. Voting in favor: Mr. Billington, Mr. Hamilton, Mr. Hinds, Mr. Ivy, and Ms. Mathewson, Voting against: Ms. Fritch and Ms. Knapp. Motion carried, BZA 26-26 approved (5-2).

BZA 27-26
Jurisdiction: Board of Zoning Appeals
Being a public hearing on the matter of an application filed by Colt and Brittany Lemons, requesting a variance from the terms of the Delaware County Comprehensive Zoning Ordinance, to allow the keeping of farm animals in a single-family residence zone, on premises located at 1411 East Royerton Drive, Hamilton Township, Delaware County, Indiana, as more accurately described in the application.