Board of Zoning Appeals

TOWNOF~ BrownsDurg BOARD OF ZONING APPEALS Minutes Brownsburg Town Hall 61 North Green Street Brownsburg, Indiana 46112 Monday, August 9, 2021 The Brownsburg Board of Zoning Appeals convened at 7:00 PM with a moment of silence and the Pledge of Allegiance. Chris Worley opened the meeting, and a roll call was taken. Members Present: Richard Miller, Stacy Risk, Marlon Webb and Chris Worley Members Absent: Maria Andrews Also Present: Jodi Dickey, AICP- Director of Development Services and Maggie Smith- Legal Counsel A. CALL TO ORDER AND DETERMINATION OF QUORUM B. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE C. CONSIDERATION OF PREVIOUS MEETING(S) MINUTES 1. July 12. 2021- Regular Meeting Motion: Stacey Risk made a motion to APPROVE the July 12, 2021 regular meeting minutes as amended for typographical errors, seconded by Marlon Webb, motion carried 4 In Favor/0 Opposed/0 Abstained. D. APPROVAL OF FINDINGS OF FACT 1. BZDV-05-21-1917 Northfield Drive Business Park Max. Main Floor Area 2. BZDV-05-21-1918 Northfield Drive Business Park Landscaping 3. BZDV-06-21-1925 Virgil Park Accessory Structure Front Yard Setback Motion: Marlon Webb made a motion to APPROVE the Finding of Fact for BZDV-05-21-1917, BZDV-05-21-1918 and BZDV-06-21-1925, seconded by Stacey Risk, motion carried 4 In Favor/0 Opposed/0 Abstained. E. HEARING OF REQUESTS FOR CONTINUANCES 1. None F. CONTINUED PUBLIC HEARINGS 1. None G. OLD BUSINESS 1. None 1 of 2 H. NEW BUSINESS 1. None I. COMMUNICATIONS & REPORTS 1. Report From Director Of Development Services None J. MISCELLANEOUS BUSINESS 1. Resolution 2021-0lBZA Update to the Rules of Procedure Jodi Dickey reviewed the changes to the Rules of Procedure. The meeting start time changed from 7 P.M. to 6 P.M. Public notice was required in both newspaper publications. There were some stylistic changes. Richard Miller suggested that the Rules for the BZA be aligned with the Rules for the Plan Commission, particularly for the public hearing portion of the meeting; other members agreed. The Board discussed the intent of the language for group presentations. He added that the remonstrator's 1-minute rebuttal was not included. The Board preferred that be added back in. Stacey Risk asked if meetings could be done via Zoom if members were not able to be physically present. Legal Counsel Maggie Smith explained that in March of 2020 the Governor issued an Executive Order that suspended the Open Door Law provisions and during the pandemic public meetings could include Zoom and gave Boards, Commission and local governments the authority to allow public participation by Zoom. Absent that Executive Order there would have to be some type of modification to the Open Door Law requirements. Ms. Smith said she could explore that possibility with the Public Access Commissioner. 2. September Meeting Date Change Due to members not being able to be present at the September 13th meeting, Ms. Dickey asked if there was an alternate date that would work to ensure there was a quorum. Staff would have to give the Applicants time to notice for a new meeting date. The members agreed on September 20, 2021 at 6 P.M. (*this would later be changed to September J5h due to a room conflict). K. CITIZENS COMMENTS RELATING TO AGENDA 1. Jim Staton, 1789 Woodstock Dr. Mr. Staton thanked the Board for their service. He asked them while doing their procedural reviews to consider the external customers such as the developers and builders and he encouraged them to focus on streamlining the processes. L. ADJOURNMENT Motion: Marlon Webb made a motion to ADJOURN, seconded by Richard Miller, motion passed 4 In Favor/0 Opposed/0 Abstained. 8:29 P.M. ATTEST: ~ ~rative Assistant 2 of 2