MONROE COUNTY BOARD OF ZONING APPEALS. July 11, 2012 Monroe County Justice Building Court Room N. College Ave.

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1 MONROE COUNTY BOARD OF ZONING APPEALS July 11, 2012 Monroe County Justice Building Court Room N. College Ave.

2 AGENDA MONROE COUNTY BOARD OF ZONING APPEALS (BZA) Monroe County Justice Building, Courtroom 213, 301 N. College Ave, Bloomington, Indiana July 11, :00 p.m. CALL TO ORDER ROLL CALL INTRODUCTION OF EVIDENCE APPROVAL OF AGENDA APPROVAL OF MINUTES 1. June 6, 2012 R E G U L A R M E E T I N G OLD BUSINESS: VAR-09 Overman Design Standards Variance for accessory livestock per Chapter 802, Condition 43. One lot approximately 0.46 acres, located in Van Buren Township, Tall Oaks Addition at 7780 W. Eller Rd. Zoned SR. CONTINUED BY PETITIONER. NEW BUSINESS: VAR-12 Speichert Design Standards Variance for front yard setback per Chapter 804, 1 lot on 7.48 acres, located in Richland Township, Section 25, at 4360 W. Woodyard Road. Zoned AG/RR VAR-13 Gallahue Design Standards Variance for front and side setbacks per Chapter 804. One lot approximately 21 acres, located in Bean Blossom Township, Section 1, at 9515 N. Mount Pleasant Rd. Zoned AG/RR. REPORTS: 1. Planning: Larry Wilson 2. County Attorney: David Schilling Said hearing will be held in accordance with the provisions of: IC et seq.; & the County Code, Zoning Ordinance, and the Rules of the Board of Zoning Appeals of Monroe County, IN. All persons affected by said proposals may be heard at this time, & the hearing may be continued as necessary.

3 MONROE COUNTY BOARD OF ZONING APPEALS July 11, 2012 CASE NUMBER: 1206-VAR-12 PLANNER: Jason Eakin, AICP PETITIONER(S): Susan Speichert, Revocable Trust REQUEST: Design Standards Variances, Chapter 804-Front Yard Setback ADDRESS: 4360 W Woodyard Rd ZONING: AG/RR ACRES: 7.48± TOWNSHIP: Richland SECTION(S): 25 PLAT(S): Meadows Lot 1 COMPREHENSIVE PLAN DESIGNATION: Bloomington Urbanizing Area - Employment EXHIBITS: 1. Site Plan 2. Petitioner Statement RECOMMENDED MOTION: Deny the Design Standards Variance to the front and side yard setback requirements of Chapter 804 based on the findings of fact. SUMMARY The petitioner requests a design standards variance to the front yard setback requirements of Chapter 804 of the Monroe County Zoning Ordinance. The property is zoned Agriculture / Rural Reserve (AG/RR) and the lot is 7.48 acres. The site is located at the corner of Curry Pike, Smith Pike, and Woodyard Roads all of which are collector/arterial roads carrying significant traffic loads daily. The right of way dedication from the centerline of Smith Pike (Minor Arterial) is fifty (50) feet; the setback for structures is fifty (50) feet from the right of way line. If approved, the existing structures would remain in their present location as follows: Existing Barn NW Corner- 50 +/- feet from the centerline of Smith Pike Existing Shed NW Corner- 41+/- feet from the centerline of Smith Pike Existing Garage/Shop- 38+/- feet from the centerline of Smith Pike Existing Residence- 75+/- feet from the centerline of Smith Pike The petitioner is seeking the variance in order to operate a garden center, maintain an existing residential use, and operate an in home daycare use. At the time of the recent rezone (January 2012) the petitioner indicated uses including gardens, petting zoo animals, and recreational facilities to accommodate get-togethers, picnics, weddings, and classes in the future as well. At present the garden center, residential use, and in home daycare are the only proposed activities. In order for the petitioner to legally operate the proposed changes of use the structures must either receive a variance or compliance must be demonstrated on site (structures relocated/removed). If the existing residential and agricultural use remains there is no change of use and the structures will be considered legal, preexisting nonconforming per Chapter 803 of the Monroe County Zoning Ordinance. DISCUSSION The petitioners request a variance to the front yard setback requirements of Chapter 804 of the Ordinance. Chapter 804, Table 4-1 establishes a front yard setback of fifty (50) feet for structures in the AG/RR zoning districts from the right of way line of a Minor Arterial (Smith Pike). The petitioner requests approval to maintain the existing garage, barn, out building, and small portion of existing residence are all presently located within the fifty (50) foot wide required setback per the petitioners

4 submitted site plan. The existing use on site includes a single family residential structure and five (5) total accessory buildings built in 1940 and The site derives access via an existing driveway on Woodyard Road serving the detached garage and a loop drive serving the residence with entrances on both Woodyard Road and Smith Pike. The lot is a corner lot and is subject to three front yard setbacks and by ordinance is granted relief by allowing the north property line to be treated as a side yard rather than requiring the imposition of a rear yard setback. Three existing overhead electric transmission lines are currently located in the area between the existing roadway of Smith Pike and the buildings on the petition site. The highway engineer indicated the following recommendations at the time of the rezone and provided the following traffic information: MONROE COUNTY HIGHWAY DEPARTMENT ENGINEERING DIVISION COURTHOUSE, ROOM 323 BLOOMINGTON, INDIANA PHONE: (812) FAX: (812) November 15, 2011 TO: Larry Wilson, Monroe County Planning Director FROM: Bill Williams, Monroe County Public Works Director / Highway Engineer RE: Plan Commission Meeting of November 15, Dear Mr. Wilson: Please be advised that this office has inspected the location below and make the following preliminary recommendations. Be further advised that this office reserves the right to revise and/or make further comments on these petitions as final plans are developed. NEW BUSINESS 1110-REZ-10 Susan Speichert Rezone 1) There are two existing driveways on Woodyard Road and two on Smith Pike. An access plan shall be submitted with an application denoting uses and traffic estimates. A reduction in the number of driveways shall be considered. 2) There are no Drainage Board comments for this petition. (Stouts Creek watershed) 3) Smith Road and Curry Pike are classified as Minor Arterials requiring a 50 Right-of-Way dedication from the center of each road and Woodyard Road is classified as a Major Collector requiring a 35 Right-of-Way. The existing R/W of Curry Pike satisfies this requirement. 4) Traffic Information is as follows; Curry Pike Information Smith Pike Information Woodyard Road Information Width 48 (60 at intersection) (19 w of Smith Pk) ADT 3,680 Vernal to Woodyard: 11,874 8,400 7,200 west of Smith Pk 1,200 east of Curry Pk 3,725 LOS A D C Edge of Pavement 2 curb and gutter 2 earth 2 earth Accident Summary Smith Pike/Woodyard Road = 9 or 3 / year Curry Pike/Woodyard Road = 17 or 5.7 / year Functional Classification Minor Arterial Minor Arterial Major Collector

5 CANTLIN SMITH CURRY LOGAN LANE The Monroe County Thoroughfare Plan identifies Smith Pike as a Minor Arterial indicating a high travel demand and need for future improvements which may include widening, additional lanes, sidewalk/sidepath improvements, stormwater infrastructure, etc. If a variance is granted it may hinder future transportation improvements. Given the recent right of way dedication of fifty (50) feet included as a condition of approval in the rezone by the County Commissioners a potential conflict now exists between future and present needs in the area. If a variance is denied the utilization of existing structures for business purposes as intended by the petitioner is hindered and the structures are allowed to remain as legal pre-existing nonconforming structures for the foreseeable future or the petitioner may remove them and utilize other existing structures currently in compliance or construct new structures compliant with setback requirements. LOCATION MAP ARMSTRONG WOODLAND BEECH JERALIE CARMOLA FORREST PARK COFFEY GERANIUM MERRYWAY PYRAMID SUGAR RAJUMI RUFFYS NATASHA ANDY NORWAY ARLINGTON STOUTES CREEK STATE ROAD 46 NELSON BLUE BELL [ LINTEL CURRY HUNTER VALLEY LOESCH OLD VERNAL PIONEER WOODYARD INNOVATION VERNAL PACKING HOUSE Miles : [ Coordinate System: WGS84, NAD83 Data Source: MOCO Planning Department and SDE Not to Scale G

6 SMITH WOODYARD SITE CONDITIONS The petition site is rolling with the area near the existing residence being relatively flat. The site slopes to the north with two smaller drainages traversing the property from south to northeast. There are no karst features or floodplain present on the site. The proposed garden center area is along the western property line along Smith Pike situated between the structures seeking variance relief. Site Conditions Map [ CURRY : Contours Bloomington [ [ Coordinate System: WGS84, NAD83 Data Source: MOCO Planning Department and SDE Not to Scale Feet

7 Above- View looking North along Smith Pike

8 Above: View looking south along Smith Pike

9 Above: View of looking east along Curry Pike

10 Above: View looking West along Curry Pike

11 Looking South on Smith Pike (Above) Looking South from Barn Drive (Below)

12 Looking North from Barn Driveway Area (Above) Looking South Along Smith Pike (Below)

13 View of Turning movements at Smith Pike and Woodyard Road (Above & Below)

14 SMITH ZONING DESIGNATION The petition site is zoned AG/RR with a minimum lot size of 2.5 acres, 15 side yard setbacks, and a 35 rear yard set back requirement for residential structures and 50 side and rear yard setbacks for agricultural uses. The petition site is 7.48 acres and adjoining zoning is former fringe RE1 and IL. Zoning Map RE1 [ IL WOODYARD CURRY PUD PIONEER (PUD) Planned Unit Development : Agriculture / Rural Reserve (AG/RR) (RE1) Estate Residential 1 [ [ (IL) Limited Industrial Feet Coordinate System: WGS84, NAD83 Data Source: MOCO Planning Department and SDE Not to Scale

15 COMPREHENSIVE PLAN DESIGNATION The area is located in the Bloomington Urbanizing Area land use designation of the Monroe County Recommended Land Use Plan. The Plan states the following with respect to the Designated Communities designation: Focused Development in Designated Communities The central property use concept in this Plan is to focus new development into one of the following Designated Communities: Bloomington Urbanizing Area, Ellettsville Rural Community Area, Stinesville Rural Community Area, Harrodsburg Rural Community Area, Smithville-Sanders Rural Community Area. These residential, commercial, and industrial growth areas are extensions of historical growth patterns for Bloomington, the Bloomington/Ellettsville corridor and the historic communities located throughout the County. This Plan must be closely coordinated with the property use plans and development standards in Bloomington s Growth Policies Plan and planning efforts by Ellettsville. This plan directs concentrated residential and commercial/industrial development over the next 20 years to the Bloomington Urbanizing Area and the four Designated Communities. Public waste water treatment facilities, necessary for the protection of public health and the environment, can also be provided more cost effectively in these areas due to existing wastewater facilities as well as population densities sufficient to justify the extension of sewers. Ideally, much of the growth will not occur on undeveloped sites, but on existing underdeveloped or brownfield properties or properties in targeted business corridors. Concentrating growth into the Designated Communities should strive to meet expectations for reasonable levels of service such as uncrowded neighborhood schools, police and fire protection, and ambulance service provided in an efficient and timely manner. These plans should be periodically reviewed and updated to reflect trends and demographic changes Urban Property The distinguishing characteristic of urban property is dense residential development and commercial uses that are consistent with the availability of urban infrastructure and services. Adequate public infrastructure includes water, sewer, streets and roads, alternative transportation, utilities, schools, and parks. Services include police, fire, and emergency. Any proposed change in existing property use should be evaluated in-part on the availability of adequate infrastructure and services to serve the proposed development without diminishing the quality of service delivery to existing development. In keeping with this historic and perceptual approach to urban living, the methods for categorizing urban residential uses are minimum lot area and intensity of use. Recognizing the recently adopted Rural Community Zoning Overlay opportunity, this plan expects more mixed use neighborhoods than currently exist. Three broad categories are established that encompass the current zoning in place for our Designated Communities: Conservation Residential, Estate Residential, and Urban Residential. These categories will be the basis for the establishment of new zoning districts in any future Designated Community Plans, including the Bloomington Urbanizing Area. In the future, higher density areas should be added to existing Designated Communities or become part of a new Designated Community. Potential growth opportunities could include areas around Lake Lemon, the Pointe/Lakeview by Monroe Reservoir and West SR 45 near Harmony Road if needed infrastructure and services can be provided.

16 (Note: Conservation Residential excluded as N/A) Estate Residential Property in Designated Communities not designated Conservation Residential and lacking the full range of urban infrastructure and services shall be designated as the Estate Residential use category. This category includes areas that have some, but not full, public services and are generally located along or near major County roads or state highways and on relatively flat land. This category also provides a critical component within the range of lifestyle opportunities supported by this Plan. Properties in this use category are not expected to evolve to higher densities in the future and therefore form a permanent boundary between rural densities and more intense urban residential and employment uses. The Estate Residential use category is intended for single family homes. However, in some situations where sanitary sewer is available, clustering of homes with reduced set backs or zero lot line layouts may occur to preserve additional permanent open space as well as to provide limited commercial opportunities where those enterprises are designed to serve the residential component of this classification. The minimum lot size for new parcels in the Estate Residential use category shall be 1.0 acre Resilient Land. Where sanitary sewer is not available, adequate contiguous land shall be available for each dwelling to support either two independent conventional septic fields or one replaceable system. Where possible, new homes should be connected to sanitary sewer service and older homes connected to sanitary sewer as it becomes available. Urban Residential The Urban Residential use category is devoted to urban scale residential single family housing on a range of smaller lot sizes and multi-family residential housing, some of which may be in combination with employment uses or other commercial uses designed to serve the residential community. The category includes urban use policies property now used at traditional Midwestern village densities and vacant land exclusive of vulnerabilities in Designated Communities, which are now served or intend to be served by the full range of urban infrastructure and services. The Urban Residential use area is provided to accommodate the vast majority of new residential development over the planning horizon of this Plan and most commercial uses directly connected to serving the residential community. As appropriate, these areas are encouraged to have mixed residential, convenience commercial, light industrial and public/semi-public uses. Primary and secondary schools, as well as police, ambulance, fire protection, recycling facilities, parks and other public services and facilities should be located in the Designated Communities. The urban lifestyle is supported by a range of density options and the mixing of employment and residential uses. The densities for single family residential development shall range from two dwelling units per acre to those of adjoining incorporated areas, e.g. Bloomington Growth Policy Plan Urban Residential of two to fifteen units per acre. For multifamily residential, town homes and mobile home developments, densities shall range from four to ten units per acre in all of the Designated Communities with the exception of the Bloomington Urbanizing Area, where higher densities of four to twenty units per acre shall be allowed. The mix of dwellings shall be organized into a rational development pattern consistent with urban infrastructure and public services, rather than random lotby-lot development. In identifying Designated Communities, the following factors are important: 1) an identified town, village or other urbanized area already exists: 2) some urban infrastructure exists; and 3) water and sewer service capacities exist or are planned. The Plan identifies several Designated Communities with existing designations of Stinesville, Ellettsville, Smithville-Sanders, and Harrodsburg together with the areas around the City of Bloomington described as the Bloomington Urbanizing Area. Section 10.2 of the Annex contains the future property use maps for each Designated Community, derived from their rural community plans. Concentrating development of new residential housing in Designated Communities will reduce residential sprawl in remote areas, maximize the utility of public capital expenditures, minimize maintenance service costs, and protect farms, mineral and environmental

17 resources from residential encroachment. Residential development should be a mix of single family and multifamily uses, with single family uses predominating. Limited commercial opportunities may also be allowed when directly linked to serving the residential communities Designated Community Plans Bloomington Urbanizing Area Plan A formal Bloomington Urbanizing Area Plan should be developed engaging key stakeholders in the areas immediately adjoining the City of Bloomington in an effort to develop a more detailed recommended land use plan for these areas. This planning effort should initiate immediately following the adoption of the Monroe County Comprehensive Plan. The Bloomington Urbanizing Area Plan should consider the following proposals: Focus new growth and development within and near the core of the existing community; Promote dense and compact form of development; Capitalize on existing infrastructure; Maintain a distinctive edge, separating urban areas from rural areas; Provide for future growth areas; Encourage reinvestment, infill, and redevelopment; Increase employment opportunities; Interconnect streets where practical; Establish design guidelines; Develop alternative transportation and recreation opportunities connecting to surrounding areas; Protect vulnerable lands from encroachment; Provide a range of housing choice and increase affordability; Improve opportunities for Mixed-Use development; and Integrate open space, natural, and historic resources into the land use and development patterns. Further, the plan should propose to: Encourage business development in both the Bloomington and West Side Tax Increment Finance Districts and in the areas served directly by State Road 46, State Road 48, State Road 45 and Curry Pike; Focus on meeting the needs of existing business uses and continue to promote a full range of employment growth opportunities from small to large scale; Capitalize on the investments made into the Karst Farm Greenway, Vernal Pike, and Curry Pike to attract and retain business and employment opportunities; Identify key Reinvestment Areas for both residential and employment growth; Develop capital improvement and service plans for the Bloomington Urbanizing Areas.

18 CURRY SMITH Recommended Land Use Map rurres EMP [ WOODYARD PIONEER : Bloomington Urbanizing Area - Employment (EMP) Ellettsville Rural Community Area - Rural Residential ( rurres ) [ [ Coordinate System: WGS84, NAD83 Data Source: MOCO Planning Department and SDE Not to Scale

19 FINDINGS OF FACT Standards for Design Standards Variance Approval: In order to approve an application for a design standards variance, the Board must find that: A) the approval will not be injurious to the public health, safety, morals, and general welfare of the community; Findings: Approval of the petition would allow the petitioner to maintain four (4) existing encroachments within the front yard setbacks: The ordinance presumes that setback standards protect public health, safety, morals, and general welfare. Any other scenario must either respond to practical difficulties or is merely a privilege; The petitioner requests approval to maintain the existing garage, barn, out building, and small portion of existing residence are all presently located within the fifty (50) foot wide required setback per the petitioners submitted site plan. The existing use on site includes a single family residential structure and five (5) total residential / agricultural accessory buildings built in 1940 and The site derives access via an existing driveway on Woodyard Road serving the detached garage and a loop drive serving the residence with entrances on both Woodyard Road and Smith Pike. Three existing overhead electric transmission lines are currently located in the area between the existing roadway of Smith Pike and the buildings on the petition site. Smith Pike Highway Information: Width 22 ADT 8,400 (Average Daily Trips) LOS (Level of Service) D Edge of Pavement 2 earth Accident Summary Smith Pike/Woodyard Road = 9 or 3 / year Curry Pike/Woodyard Road = 17 or 5.7 / year Functional Classification Minor Arterial The existing structures within the front yard setback along Smith Pike have been in place at a minimum since 1968 and have not been deemed a sight line hazard thus far. Future roadway improvements may not require acquisition or removal of the encroaching structures for construction or safety improvement purposes. B) the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; Findings: Property value tends to be subjective as it is difficult to anticipate adverse effects.

20 C) the strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. Findings: Definitions: Practical Difficulties. Significant economic injury that: (1) Arises from the strict application of the Zoning Ordinance to the conditions of a particular, existing parcel of property; Findings: The site derives access via an existing driveway on Woodyard Road serving the detached garage and a loop drive serving the residence with entrances on both Woodyard Road and Smith Pike; The lot is a corner lot and is subject to three front yard setbacks and by ordinance is granted relief by allowing the north property line to be treated as a side yard rather than requiring the imposition of a rear yard setback; The petitioner is seeking variance approval to allow utilization of the existing buildings for a proposed Garden Center use on site along with maintaining the existing single family residential use which will include an in-home daycare license due to state level exemptions for in home daycares; The existing use on site includes a single family residential structure and five (5) total accessory buildings built between 1940 and Three existing overhead electric transmission lines are currently located in the area between the existing roadway of Smith Pike and the buildings on the petition site. The Monroe County Thoroughfare Plan identifies Smith Pike as a Minor Arterial indicating a high travel demand and need for future improvements which may include widening, additional lanes, sidewalk/sidepath improvements, stormwater infrastructure, etc. The existing structures within the front yard setback along Smith Pike have been in place at a minimum since 1968 and have not been deemed a sight line hazard thus far. Future roadway improvements may not require acquisition or removal of the encroaching structures for construction or safety improvement purposes. (2) Is not as significant as the injury associated with hardship, that is, it does not deprive the parcel owner of all reasonable economic use of the parcel; and Finding: The application of the standards does not appear to deprive the owner of all reasonable economic use of the parcel. If the existing residential and agricultural use remains there is no change of use and the structures will be considered legal, pre-existing nonconforming per Chapter 803 of the Monroe County Zoning Ordinance; An in-home daycare license may be secured from the State of Indiana for use on this site within the residential structure regardless of the variance approval, due to state level exemptions for in home daycares. The Monroe County Thoroughfare Plan identifies Smith Pike as a Minor Arterial indicating a high travel demand and need for future improvements which may include widening, additional lanes, sidewalk/sidepath improvements, stormwater infrastructure, etc. The garden center could be developed meeting setbacks and utilizing existing structures meeting setbacks or by constructing new structures meeting setback requirements.

21 (3) Is clearly more significant than compliance cost. Findings: The lot is a corner lot and is subject to three front yard setbacks and by ordinance is granted relief by allowing the north property line to be treated as a side yard rather than requiring the imposition of a rear yard setback; No compliance cost exists if the structures are not subject to a change of use; If the existing residential and agricultural use remains there is no change of use and the structures will be considered legal, pre-existing nonconforming per Chapter 803 of the Monroe County Zoning Ordinance; The petitioner is seeking variance approval to allow utilization of the existing buildings for a proposed Garden Center use on site along with maintaining the existing single family residential use which includes an in-home daycare license; All variance approvals shall be considered to be conditional approvals. The Board shall have the authority to impose specific conditions as part of its approval in order to protect the public health, and for reasons of safety, comfort and convenience (e.g., to insure compatibility with surroundings). Variance approval applies to the subject property and may be transferred with ownership of the subject property subject to the provisions and conditions prescribed by or made pursuant to the Zoning Ordinance. NOTE: The Board must establish favorable findings for ALL THREE criteria in order to legally approve a design standards variance.

22 Site Plans Exhibit 1

23 Site Plans Exhibit 1

24 Petitioner s Statement Exhibit 2

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26 MONROE COUNTY BOARD OF ZONING APPEALS July 11, 2012 CASE NUMBER: 1205-VAR-13 PLANNER: Katie Waldman PETITIONER(S): David and Elnora Gallahue REQUEST: Design Standards Variance, Chapter 804, Front and side yard setbacks ADDRESS: 9515 N. Mt Pleasant Rd ZONING: AG/RR ACRES: /- acres TOWNSHIP: Bean Blossom Township SECTION(S): 1 PLAT(S): 27 COMPREHENSIVE PLAN DESIGNATION: Farm and Forest EXHIBITS: 1. Site plan 2. Petitioner s Statement RECOMMENDED MOTION: No recommendation regarding the Design Standards Variance for front and side yard setbacks based on the Findings of Fact. SUMMARY The property is zoned Agricultural/Rural Reserve (AG/RR) and currently contains a home with detached garage/barn on the east part of the property, the subject barn in the middle of the south side of the property, and a chicken coop. The petitioner is requesting a design standards variance to allow the 2 nd barn, which was built without permits by a previous property owner some time between 2005 and 2010, to remain where it stands. DISCUSSION The concern regarding this building, and the chicken coop, which were built by the previous property owner and without permits, was brought to the current owners attention several months ago. They have attempted to resolve the setback issue by filing a Type E Administrative Subdivision to shift the lot line south, creating larger side setbacks for the barn and the chicken coop, but this shift could not fully correct the setbacks for the barn. The southeast corner of the barn is too close to the adjacent owner s property corner. The petitioner is requesting the variances in order to leave the barn in its current location, without demolishing the encroaching portion of the structure.

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28 SITE CONDITIONS Overall, the site slopes downward to the southwest, toward the petitioners adjacent property. There does not appear to be karst features or floodplain on the site, but there is a pond on the southeast part of the parcel. A paved driveway passes through this parcel to the petitioners adjacent parcel, which contains their home and a large detached garage.

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30 Facing south toward north face of barn. Portion of barn encroaching in setbacks is on the left. Facing east toward chicken coop/shed and barn.

31 Facing north toward barn. Encroaching corner is on the right, behind the clump of trees. Closer version of same view as above.

32 ZONING CLASSIFICATION The petition site is surrounded by single family residential properties and agricultural properties. The Zoning Ordinance defines the petition site s zoning classification as follows: Agriculture/Rural Reserve (AG/RR) District. The character of the Agriculture/Rural Reserve (AG/RR) District is defined as that which is primarily intended for agriculture uses including, but not limited to, row crop or livestock production, forages, pasture, forestry, single family residential uses associated with agriculture uses and limited, very low density, rural non-farm related single family uses and not in (major) subdivisions. Its purposes are to encourage the continuation of agriculture uses, along with the associated single family residential uses, to discourage the development of residential subdivisions and non-farm-related nonresidential uses, to protect the environmentally sensitive areas, such as floodplain and steep slopes, and to maintain the character of the surrounding neighborhood. Therefore, the number of uses permitted in the AG/RR District is limited. Some uses are conditionally permitted. The conditions placed on these uses are to insure their compatibility with the agriculture-related uses. The development of new nonfarm residential activities proximate to known mineral resource deposits or extraction operations may be buffered by increased setback distance.

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34 COMPREHENSIVE/GROWTH POLICIES PLAN This site is within the Farm and Forest area of the Comprehensive Plan Rural Property The distinguishing characteristic of rural property is sparse residential development. In keeping with this historic and perceptual approach to rural living, the method for categorizing rural districts is residential density over a relatively large area rather than individual lot size. The most convenient and historically viable large area is the survey section or quarter section. Property lines usually share a common boundary with section lines. Since survey sections are not all of the same acreage, density must be scaled in proportion to the actual survey section or quarter section area. This is accomplished by dividing the number of parcels by the survey or quarter-section area, as appropriate, to obtain a value expressing dwelling units per acre. For the purpose of identifying relatively distinct rural areas, the resulting values are grouped into two categories, those with a large area residential density less than 0.1 and those with a large area residential density greater than 0.1. Isolated regions of more or less density are grouped with the predominant surrounding area. Farm and Forest Residential Much of Monroe County is still covered by hardwood forests, in no small part because of the presence of the Hoosier National Forest, Morgan-Monroe State Forest, Army Corps of Engineers properties, and Griffy Nature Preserve. Much of the low lying floodplains and relatively flat uplands have been farmed for well over 100 years. These areas are sparsely populated and offer very low density residential opportunities because of both adjoining Vulnerable Lands and the lack of infrastructure necessary for additional residential density. This category encompasses approximately 148,000 acres including about 40,000 acres of our best agricultural property located primarily in the Bean-Blossom bottoms and western uplands of Richland Township and Indian Creek Township. It includes private holdings within the state and federal forests. Farm and Forest Residential also includes the environmentally sensitive watersheds of Monroe Reservoir, Lake Lemon, and Lake Griffy and several other large vulnerable natural features in Monroe County. There are approximately 78,000 acres of watershed area in this portion of the Farm and Forest Residential category. These natural features provide a low density residential option while protecting the lakes and the water supply resources of the County. The Farm and Forest areas comprise most of the Vulnerable Land in Monroe County. A low residential density is necessary in order to protect associated and adjoining Vulnerable Lands and to sustain particular quality of life and lifestyle opportunities for the long-term in a sparsely populated, scenic setting. With a few exceptions like The Pointe development on Monroe Reservoir, these areas do not have sanitary sewer services and have limited access on narrow, winding roadways. Those portions not already used for agriculture are usually heavily forested and have rugged topography. They offer unique and sustainable residential opportunities that cannot be replaced. In reviewing rezoning, subdivision and site development proposals, the County Plan Commission shall consider the following: Public services or improvements are not expected for these areas within the horizon of this Plan because those improvements require significant investment in roadways, sanitary sewer, private utilities, and public services for which County financial resources do not exist. New residential density places additional stress on nearby vulnerable natural features that can not be mitigated by sustainable practices without additional public expense.

35 Low density residential opportunities and their associated lifestyle are scarce resources that are sustained only by our willingness to protect that quality of life opportunity for residents who have previously made that lifestyle choice and for future residents seeking that lifestyle. To maintain Farm and Forest property use opportunities an average residential density per survey section shall be established by ordinance. This average density shall preserve the rural lifestyle opportunity of this area and help protect nearby Vulnerable Lands. The grouping of more than four residential units sharing the same ingress/egress onto a County or state roadway shall not occur on rural property in this category. All property subdivided in this category must provide for adequate contiguous Resilient Land to support either two independent conventional septic fields or one replaceable mound system, sufficient space for buildings traditionally associated with this type use must also be available. In addition, public roadways shall not experience less than the Monroe County Level of Service standard designation which exists at the time this Plan is adopted as a result of subdivision. Roadways classified as state Highways, major collectors, or local arterials are exempt from this requirement.

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37 FINDINGS OF FACT, Front and side yard setbacks Standards for Design Standards Variance Approval: In order to approve an application for a design standards variance, the Board must find that: A) the approval will not be injurious to the public health, safety, morals, and general welfare of the community; Findings: Approval of the petition would allow the petitioner to retain a barn in its current configuration; The ordinance presumes the standards provided for within Chapter 806 protect public health, safety, morals, and general welfare; B) the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; Findings: Property value tends to be subjective as it is difficult to anticipate adverse effects; The adjacent property closest to the setbacks in question is residential in nature; Other adjacent properties are residential and agricultural in nature C) the strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. Findings: Definitions: Practical Difficulties. Significant economic injury that: (A) Arises from the strict application of the Zoning Ordinance to the conditions of a particular, existing parcel of property; Findings: The parcel currently contains a single family residence, detached garage/barn near the house, a chicken coop/shed, and the barn subject to the variance request; The petitioners are requesting to leave the barn in its current location; The strict application of the ordinance would result in the need remove the southeast section of the barn, approximately a 20-foot by 20-foot section. The petitioners purchased the property containing the barn within the last year; the previous owner constructed the barn without permits some time between 2005 and (B) Is not as significant as the injury associated with hardship, that is, it does not deprive the parcel owner of all reasonable economic use of the parcel; and Finding: The parcel currently contains a single family residence, detached garage/barn near the house, a chicken coop/shed, and the barn subject to the variance request;

38 The petitioners could still retain most of the barn if the variance was denied, but a portion of the barn approximately 20 feet wide by 20 feet long would need to be removed. (C) Is clearly more significant than compliance cost. Findings: The parcel currently contains a single family residence, detached garage/barn near the house, a chicken coop/shed, and the barn subject to the variance request; Compliance cost would be the cost to remove an approximately 20-foot by 20-foot portion of the barn. All variance approvals shall be considered to be conditional approvals. The Board shall have the authority to impose specific conditions as part of its approval in order to protect the public health, and for reasons of safety, comfort and convenience (e.g., to insure compatibility with surroundings). Variance approval applies to the subject property and may be transferred with ownership of the subject property subject to the provisions and conditions prescribed by or made pursuant to the Zoning Ordinance. NOTE: The Board must establish favorable findings for ALL THREE criteria in order to legally approve a design standards variance.

39 EXHIBIT 1: SITE PLAN

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41 EXHIBIT 2: PETITIONER S STATEMENT

42