that metal survey pins remain in the ground and affirmed that all coop structures are non-permanent and easily movable if necessary.

Board Action & Motion: Ms. Fritch moved to approve BZA 61-26 with the condition that the variance be granted for the applicant only and shall not transfer with the property. Seconded by Mr. Hinds.

Vote: Approved (5–0) with condition.

BZA 62-26 — Peggy Rice

Being a public hearing on the matter of an application requesting variances from the terms of the Delaware County Comprehensive Zoning Ordinance, to allow a reduced front and rear setbacks for an existing house, and a reduced side setback for an existing garage, all to divide the property through platting in a farm zone, on premises located at 6601 and 6609 East Windsor Drive, Perry Township, Delaware County, Indiana, as more accurately described in the application.

Applicant Presentation: Surveyor Kathy Vannice (Ashton Land Surveyors, 325 W. Washington St., Muncie) and owner Peggy (Katie) Rice presented the application. Ms. Vannice explained that the parcel was previously split-zoned and was successfully rezoned to Farming. Two existing homes were constructed close together on the parcel. Ms. Rice is platting the parcel to set aside 6609 E. Windsor Drive as 'Sarah's Niche,' an educational nature retreat for school children created in memory of her late daughter. Maintaining a Farm zone classification is required for this use, which creates non-conforming setbacks during platting. An asphalt parking lot and cross-parking agreement are incorporated into the plat.

Public Testimony: None in support or opposition.

Board Action & Motion: Delaney Fritch moved to approve BZA 62-26 with the following condition that the applicant complete and record the official platting process. Seconded by Matt Billington.

Vote: Approved (5–0) with condition.

BZA 63-26 — Kathleen Mills and Bernes Audiel / Edgar Leonel Picon Ruiz

Being a public hearing on the matter of an application requesting a variance of use from the terms of the Delaware County Comprehensive Zoning Ordinance, to allow the operation of a tree service business in a residence zone, on premises located at 1000 North Claypool Road, Center Township, Delaware County, Indiana, as more accurately described in the application.

Applicant Presentation: Property owner Richard Hawk (representing himself and wife Kathleen Mills) and prospective buyer Bernes Audiel / Edgar Leonel Picon Ruiz appeared. Mr. Hawk stated that the 9.14-acre property was historically used as an illegal hardfill dump (6 to 10 feet deep)