Ms. Fritch made a motion to approve BZA 07-26 the appeal filed by Dominyse Davis, Davis-Carey Co. LLC, and Rejuvenate Muncie, LLC with the hardship as stated in the application with the following conditions: 1) That the applicant will work with the City Building Commissioner to ensure the dwelling is up to residential code; and 2) That the number of tenants be limited to 3 adults based on the number bedrooms. Mr. Billington seconded the motion. Voting in favor: Mr. Billington, Ms. Fritch, Ms. Knapp, and Ms. Mathewson. Voting against: Mr. Hamilton. Motion carried, BZA 07-26 approved.
Being a public hearing on the matter of an application filed by Heather D. Jones, requesting variances from the terms of the Delaware County Comprehensive Zoning Ordinance, to allow 10 hens in a residence zone, and to allow a 0’ rear and a 0’ side setback, rather than 3’, for a variance of 3’ for an existing garage, on premises located at 608 West County Road 600 South, Monroe Township, Delaware County, Indiana, as more accurately described in the application.
Heather Jones, 608 W CR 600 S., Cowan, Indiana, appeared. She stated that she has had the chickens for over ten years and had no idea that a variance was needed since many other neighbors had horses and chickens. She stated that the garage was built in the 1970’s and that in this area there were many other structures built over the right-of-way line.
Ms. Swackhamer clarified that while the agenda stated 10 hens, the request in the application was for 15 chickens
Ms. Mathewson stated that application mentioned that there would be no roosters.
Ms. Jones stated that was correct.
Ms. Mathewson asked if the applicant had received any negative feedback from any of the neighbors.
Ms. Jones stated no. She stated that many of the neighbors had lived there since she was a kid but that no one had ever talked to her about concerns.
Ms. Fritch asked for clarification on the setback request.
Ms. Swackhamer stated that the setback issue was found during the application review process and that when that happened, they ask the applicant to try to clean up any other issues during the variance process.
Mr. Wiseley stated that the setback request was for a 0’ setback based on the aerials, and that any action to be considered within the right-of-way would be at the discretion of the County Commissioners. He stated that the applicant could ask the County Commissioner to vacate that right-of-way they could do so.