Billington, Ms. Fritch, Mr. Hamilton, Mr. Hinds, Mr. Ivy, Ms. Knapp, and Ms. Mathewson. Voting against: None. Motion carried, BZA 27-26 approved (7-0).
Jurisdiction: Board of Zoning Appeals
Being a public hearing on the matter of an application filed by Cheryl Guise, requesting variances from the terms of the Delaware County Comprehensive Zoning Ordinance, to allow the keeping of farm animals, to sell eggs on the premises, and to have a sign advertising the sale of eggs. An additional request is to allow the accessory structures' total floor area to exceed that of the dwelling, all in a single-family residence zone, on premises located at 11905 East Jackson Street, Liberty Township, Delaware County, Indiana, as more accurately described in the application.
Cheryl Guise, 11905 E. Jackson St., appeared. She stated that she had received a letter from Mr. Fouch and until then she did not know that she could not have the animals. She stated that she had 4.99 acres with a small house and plenty of room. She stated that she had purchased the chickens with the intention to sell the eggs at some point.
Ms. Mathewson asked how long she has had the animals and if there have been any complaints.
Ms. Guise stated that she has had them for 7 years and that she had no complaints from neighbors.
Ms. Mathewson asked how often she planned to have the eggs for sale.
Ms. Guise stated that she would like to have a small cart on her lawn on Saturday mornings only when she had the extra eggs, and that she hoped people would get used to that schedule.
Ms. Mathewson asked what led to Ms. Guise file this request.
Ms. Swackhamer stated that Mr. Fouch had contacted the homeowner when he saw the animals on the property. She stated for clarification that property in the farm zone with 5 acres or more to have farm animals and that no amount of acreage in residence permitted animals, which is why Ms. Guise was not permitted to have them. She stated that Mr. Fouch also had a concern with the amount of debris, trash, and vehicles on the property and to make sure that if approved, Ms. Guise understood that she may need permits.
Ms. Fritch asked for the timeline to install the hoop barn.
Ms. Guise stated that after she received the permit, she would need a few days to set it up.
Ms. Fritch asked if she would be storing materials for the animals in the hoop barn and if any of the other items on the property would be stored away in that structure.
Ms. Guise stated that the hay would be in the hoop barn and that she wanted to note that all of the vehicles on the property did run. She stated that she was a musician and that used the flatbeds for that equipment as well as that farm work on the property.
Ms. Swackhamer stated that a phone call in support and a one call with concerns had been received in the office.