Board of Zoning Appeals (BZA)

MEETING RESULTS - ZIONSVILLE BOARD OF ZONING APPEALS FEBRUARY 13, 2018 The Regular meeting of the Zionsville Board of Zoning Appeals occurred Tuesday, February 13, 2018 at 6:30 p.m. in the Zionsville Town Hall Room 105, 1100 West Oak Street, Zionsville, Indiana. The following items are scheduled for discussed: I. New Business Docket Number Name Address of Project Item to be considered Approved – 5 in Favor, 0 Opposed Petition for Development Standards variance in order to 2017-52-DSV C. Hinker 11852 Avedon Way provide for the addition to a single family home which: 1) Encroaches into the Building Setback Line in the Urban Single-Family Residential Zoning District (R-SF-2). Continued to March 13, 2018 - 5 in Favor, 0 Opposed Petition for Use variance to allow for chiropractic services 2018-01-UV D. Swiney 5779 S 900 East within an owner's personal residence in the Rural Low Density Single Family and Two-Family Residential Zoning District (R2). Respectfully Submitted: Wayne DeLong AICP Town of Zionsville Director of Planning and Economic Development February 14, 2018 Board of Zoning Appeals February 13, 2018 Pledge of Allegiance was said and attendance was taken by the Secretary. Present: Greg Morical, Larry Jones, John Wolff, Julia Evinger, Steve Mundy. Staff attending: Carol Sparks Drake, attorney; Wayne DeLong. A quorum is present. Morical Good evening, and welcome to the Board of Zoning Appeals for the Town of Zionsville. The first item on our Agenda is the Pledge of Allegiance. All Pledge. Morical The next item on our Agenda is attendance. DeLong Mr. Morical? Morical Present. DeLong Mr. Jones? Jones Present. DeLong Mr. Wolff? Wolff Present. DeLong Ms. Evinger? Evinger Present. DeLong Mr. Mundy? Mundy Present. Morical Great. The next item on our agenda is the review and approval of the January 9, 2018, meeting minutes that were included in the Board meeting packets. Are there any questions or comments on the minutes? Hearing none, I would entertain a motion. Mundy I move to approve the January 9, 2018, minutes as presented. Morical Thank you. Is there a second? Jones Second. Morical All those in favor, please say aye. All Aye. Zionsville Board of Zoning Appeals February 13, 2018 Morical Any opposed? Motion carries. Thank you. We have no continuance requests, so we’re going to move on to new business. The first item is Docket #2017-52-DSV, C. Hinker. Is the petitioner here? Please approach the podium, state your name and address for the record, and give us a brief overview of what you’re interested in tonight. Hinker Good evening. My name is Chris Hinker. We live at 11852 Avedon Way in Zionsville, and we’re petitioning for a development standards variance in order to provide for the addition to a single-family home, which would encroach into the building setback line. Morical We’ve reviewed your materials, Mr. Hinker. You’re adding an addition. Is it the structure that comes off the back of the house, is that what you propose to add? Hinker We, we propose to add a four-season porch to the north side of the house, in the northeast corner, and actually turning the entrance that would be facing our neighbor to the north, actually to the west, and into a little alcove on our neighbor that’s adjacent to us. Morical And does your plan also contemplate a new patio? Hinker Yes, it does. Morical Okay. Thank you. It wasn’t particularly clear from the write-up. So, we noticed that as part of the responses received from your neighbors, you had one neighbor, at least, who raised concerns with the project. Hinker Yes, sir. Morical Have you had the opportunity to talk to, is it Mr. Begle? Hinker No. I went over to his home. We live, our primary home is in Phoenix, Arizona. This is our second home. So, I arrived a couple days ago after I had sent letters to Mr. Begle, and no one was at the home. I wanted to actually see what it looked like from his perspective, but I was unable to do so. I did take photographs of our home from the corners of the adjacent property on both sides of him. I did gain permission from those people. Morical Great. Do you have copies of those photos? Hinker I do. This is the view - - Morical Yes. Please talk into microphone. That would be great. Hinker The first photograph is a view of our perspective of Mr. Begle’s home, which is a 2- story structure. Ours is the second and third photograph, which shows a single-story structure. And, I wanted to point out, mainly that our roof line, the existing roof line on our home is quite a bit higher than the addition would be. I think that was one of Mr. Begle’s problems. Page 2 of 15 Zionsville Board of Zoning Appeals February 13, 2018 Morical In the photo #1, which I’ll pass down to the rest of the Board, you’re looking directly at Mr. Begle’s back yard. Is that from your back yard or is he on one side or the other? Hinker I took that photograph from our patio door, and you can see our patio door in photos #2 and #3. Two points. The finished floor elevation on our home is 902.07 feet. The finished floor elevation for his home, which is 11851 Avedon Drive, is 901.37 feet. That’s equivalent to 0.7 foot delta, or 8 1/2 inches. And, I’m 6’2” and that photograph was taken directly out of our patio window. Morical Have you heard any negative comments from any of your other neighbors? Hinker No. Actually I had the opportunity to speak to one, Jim and Beth, who live next door to Mr. Begle, and they didn’t send the letter in. They didn’t approve or decline, although they did say that they did not have an issue with the addition. They didn’t send any additional material in. Morical Did you have the opportunity to review the staff report? Hinker I did. Morical So, the staff talked about the idea of the neighborhood addressing this as part of their plat. Have you had the opportunity to contemplate going that route? Hinker You know, actually I went back and reviewed that. Mr. DeLong wrote, I think, that was one of the earlier discussions I think in your 2013 variance petition for a blanket encroachment into the 25 foot. There seems to be a conflict between the HOA covenants and the plat. We show in the HOA covenants and restrictions, in Article 8 of the Architectural Review Committee, section 8, paragraph 8.13D, the minimum building setback shall be 20 feet for the rear yard. That's the HOA covenants. But, on the plat, the plat shows, obviously, the building setback line at 25 feet. I think another interesting point is, our home has the optional breakfast bay, which is 2 feet deep. We planned on demolishing that to put the porch on, which would give us 32.7 feet from the property line to actually the building line of our house, which we would still lie within the 20 feet. We would be in agreement with the HOA covenants. Morical But, not with the plat? Hinker Correct. Morical Okay. Hinker To answer your question directly, though. We just moved here from Delaware, from the ocean, and I met a lot of my neighbors that are adjacent to me. We owned the house for about a month before we went on to Phoenix in October. And, I really, I didn’t think that, I mean, it’s a fairly good-sized community. I didn’t really know the politics on how I would go about doing that. Page 3 of 15 Zionsville Board of Zoning Appeals February 13, 2018 Morical But, that appears to be an option as staff identified. Okay. And, you know, there are multiple elements you need to achieve to be able to obtain a variance. Those are outlined in the staff report, non-injurious to the public health, use, and value of adjacent property is not substantially adversely affected, and strict application causes an unnecessary hardship. Let me pass it off to the other members of the Board. Do you guys have any questions for the petitioner? Evinger I have one question, but it’s not going to probably be able to be answered by the petitioner, and that’s just, looking at the tree line here, is that at the very end of the lot of the complaining party? Hinker That’s a really good question. As I understand it, and I’m an engineer by training, and spent my entire career in construction, I believe the storm sewer would be the actual rear property line of our properties. Those trees are actually on Mr. Begle’s property, and I believe they’re just slightly within the perimeter of the property. And, I think most of those trees were actually planted by, either the initial builder, who I believe went defunct, or MI builder, who finished the development. And, there is, ironically, two sets of those trees that run on both sides of that storm sewer within probably 4 or 5 feet, except for our property. There are no trees on our side of the property. I think within 2 years though, it will probably obscure the view from his property to ours. Morical So, as part of what you’re proposing tonight, you said that you would contemplate some type of planting. Would you be willing to consider doing that as part of this project? Hinker Absolutely. If that would, you know, if that would help. Honestly, I think that what would probably be fine would be those trees that are already planted. The junipers that are already in place, I think, are around 8 feet tall. A little further into the development on both ends, those houses have been there probably 2 or 3 years longer, the homes have been there 2 or 3 years longer, and they’re much larger, denser, and taller. So, they do obscure the view from both sides from one home to the other. Morical Thank you. Any further questions for the petitioner? Wolff Yes, a couple. It looks like there is some landscaping here. And, you thought this was in your neighbor’s yard, your rear neighbor’s yard. Does it, I can’t see the whole picture. It looks like it essentially runs the length of the north, your rear yard. Is that correct? Hinker Yes. Wolff And, then, in addition, you mentioned briefly the elevation and a four-seasons room. So, you’re planning on HVAC and those types of things in this proposed addition? Hinker Yes. Wolff And, what would the roof line look like to the existing structure? Page 4 of 15 Zionsville Board of Zoning Appeals February 13, 2018 Hinker If you look on the, I think the second and third photograph, you’ll see the roof line of the optional breakfast bay, which we would demo. We actually plan to bring that roof line back out at probably within 2 or 3 feet above that point, which would be considerably less than our top line. So, it wouldn’t be a whole lot higher than what you see in that photograph. It’s mainly, you know, our addition would be mainly a slab on grade four-season porch addition. I think maybe Mr. Begle thought initially that we were proposing a 2-story structure and that we would actually have some sort of elevational gain on his property, but it’s actually the contrary. We would be slab on grade, and instead of exiting our property or our porch directly to the north, we would actually turn, as you look on the plan, we would turn and exit 90 degrees from what currently is there into a porch. And, we planned on building, like, a privacy screen along that side, which would allow for us to barbecue. I think also, the thing that I found when we first came, when we bought the home. We had a 6-foot patio door. I walked into the house. My wife bought it. I had not even seen the home. So, we moved here to be closer to our grandbabies. And, I walked out, and there was a 6- foot patio door, 7 feet tall, and it had no window covering whatsoever. I remember it was towards the evening, and they were eating. You know? And, I actually, you know, if you walk right up to the door, you could see that, you know, we have visibility between the two homes, because, honestly, it’s not that far, really. And, I told my wife. I said, I’m not comfortable with this. I feel, you know, naked. I would like to have, you know, some privacy on this side. Let’s put a nice addition here. Put some window treatments on, and turn our main focus away from them so that we would have more privacy. So, that was my initial feelings. Morical Okay. Thank you. Any further questions for the petitioner? Thank you very much. Are there any remonstrators here tonight? Okay. So, one of the trickier questions we need to address as part of your petition, Mr. Hinker, is the element about unnecessary hardship, that the strict application of the zoning is going to result in an unnecessary hardship. How is that the case? Hinker What I read from Mr. Begle’s letter, which his main concerns were, you know, privacy, and he felt that he was being invaded. I really don’t believe that Mr. Begle had the opportunity to review the plans, which I think shows exactly what he said that he would be in agreement with, which was a modest ground-level porch addition that would be a minimum effect to achieve the addition. That’s what he said in his letter, which is precisely what we propose. He also felt that he didn’t feel comfortable. He felt one of the hardships would be our ability to overview his property from an elevational standpoint, which is not the case. It’s actually the opposite. If you look at Mr. Begle’s home you’ll see that he is a 2-story, as well as his neighbor, and they would have the site line advantage on our property. I don’t have a problem with that. We’re pretty modest people. And, I think, in relocating the entrance, you know, of our patio door from the north and turning it, I didn’t take a photograph of that, but it actually runs into an alcove of our adjacent neighbor. Blank wall, no window. I think that gives both Mr. Begle and his family the privacy that he seeks, as well as mine for our family. So, I think that alleviates the hardships, in my mind. Page 5 of 15 Zionsville Board of Zoning Appeals February 13, 2018 Morical And, you mentioned again, landscaping that you contemplate at some point for additional privacy. What are you thinking that would entail? Hinker Well, what I talked with my architect about was, we planned on doing the addition at a minimum depth, which was within the 20-foot setback of the HOA covenant. Planned on building a retaining wall that would allow for the first terrace. So, on the first terrace would be the four-season porch, along with the patio, which we would have like a privacy screen where we’re doing our barbecue. The second terrace I proposed, and I’m not advocating that we talk about this tonight, but that would need to put a second retaining wall in a little further down, which I submitted that in a drawing. But, I also wrote a letter and said that’s not on the table at this point in time. It was to create, my wife loves to garden and landscape, and we planned on putting some trees in there, an apple tree and some other type of vegetation, which would give us, you know, a natural boundary between - - Morical - - Interrupt the view to an extent. Hinker Absolutely. Morical Sure. Okay. Any further questions? Mundy The neighbors on either side of you, are either of those two-story homes? Hinker Yes, sir. They are. The house on our west and east are both 2-story homes. Mundy So, their view of the neighbor behind you, with the exception of wherever there is vegetation or something, would probably have more view into that lawn than you would? Hinker Yes. Morical Okay. Thank you very much, Mr. Hinker. Hinker Thank you very much. Morical Wayne, may we have the staff report please? DeLong Certainly. Staff can summarize its position very succinctly. What’s being requested this evening is a setback that’s permissible by the general standards of the zoning ordinance, and certainly learned tonight is supported by the development’s covenants and restrictions. For unique reasons, this particular area was annexed into the Town and assigned its own specific zoning language. But, again, what’s being requested meets the standard for any other R-SF-2 parcel within Town, except for being in The Sanctuary. Certainly, staff in totality, indicates, you know, does not object to the request barring the addressing of any concerns of neighbors, and that’s our typical position when it comes to neighborhood requests, and staff views this as a neighborhood request. The setback meets the standards of the Town, except for this one particular neighborhood, but certainly, if the neighborhood would feel that this is an adequate setback, staff is supportive. Certainly, you know, with that in mind, Page 6 of 15 Zionsville Board of Zoning Appeals February 13, 2018 certainly it paints the picture that a future plat amendment could be entertained and filed for that, could adjust this, or maybe even a scrivener's error could be filed by the engineer that drew the plat originally to demonstrate that the line should always have been with the covenants. So, there's a couple different avenues to pursue, but ultimately, staff is supportive of the petition as it’s filed. I do want to note and emphasize the language in the procedure note that talks about the encroachment the petitioner indicated. That’s not what’s on the table for this evening, but certainly, just bringing that to the attention of the record that changes to the grade within the drainage easement would require a separate approval by the Town’s street and storm water department. Morical Thank you, Wayne. Any questions for staff? Mundy Wayne. It would seem unusual to me that the setback would be platted at 25 feet and the covenants and restrictions would have it at 20 feet. Is that just me, or is that sort of an unusual difference between the covenants and restrictions and the way the lot was platted? DeLong That is a bit unusual. It makes it just appear, just learning that this evening, that this is potentially an error on the preparation of the plat itself, and there could be an error which could be adjusted through a separate legal means, which is just the recordation of one singular document. But, yes, to your question, that is unusual. Mundy It could be an error in the covenants restriction, as well, I suppose. DeLong Yes. Morical So, an interesting question for the petitioner is whether he had the opportunity to review the covenants, which I normally do before I purchase a property, because they’re recorded, and/or reviewing the plat, which is also recorded, but usually not as frequently reviewed. So, we’ll ask that question in a minute. And, another thought is we could act on this tonight, or if the issue is that there is one remonstrator who may not fully appreciate what’s going on here who may need more facts. The petitioner has tried to reach out to him, but hasn’t been successful in reaching him. We would then address this at a future meeting. Any thoughts on that? Wolff A continuance might also allow for the neighborhood to address it as they feel appropriate. Morical And, I’d encourage this to be addressed one way or another--the discrepancy between the covenants and the plat. But, we’ve got somebody in front of us who, as we know, has made a specific request. Mundy My experience is that getting the neighborhood to make a change like that probably is more cumbersome and lengthy than it would be if 2 neighbors can resolve this. Morical Right. Mundy That, I think, would be the quickest. Page 7 of 15 Zionsville Board of Zoning Appeals February 13, 2018 Morical Okay. Mr. Hinker, one quick follow-up question for you, if you wouldn’t mind. I know you mentioned you did not have the opportunity to see the house before it was purchased by your wife. Hinker That’s correct. I did not. Morical Did you do any due diligence on the covenants in the neighborhood before you purchased the home? Hinker I did. Yes, I did read that. And, I read it in detail. I looked at the plat. I like the house. I mean, we downsized many years ago and have continued to downsize. It’s very equivalent to our home in Phoenix. We have an 1800 square foot slab on grade, no second floor in Phoenix. That’s exactly what I was looking for in Indianapolis, and my grandbabies are a bicycle away. So, she didn’t need my permission. Morical That’s perfect. So, you saw both the covenants and the plat at the time you bought the property? Hinker Yes, I did. Morical When you bought it, did you, and I know your wife bought it, but did you contemplate this expansion? Hinker I, honestly, I didn’t contemplate it until I walked, like I said, into our kitchen, which has the optional breakfast bay on it, and it’s, you know, it’s a 2-foot pop-out. And, you know, like I said, as I looked out the window and looked back, I knew, number one, the window covering, and number two, it just, it didn’t feel right to me. So, I think there was some sort of snafu with the layout of the surveying, which skewed my plat. They actually laid the property out somewhere up line off, and it pushed my property down, which I did review that and was something I discussed before we paid for the home. Morical Thank you. Would you be amenable to a continuance to allow you the time to speak with your neighbor? Hinker The only concern I have is, I made a special trip here for this meeting. We flew up, obviously to visit the family, but the timing was also to come to this meeting. And, from here, we fly to New York to visit my other son, and then back to Phoenix, Arizona. We hadn’t planned on coming back until May, you know, mid-May. Morical And, when would you contemplate this construction? Hinker Well, I was hoping to, you know, I was actually hoping to contract for the excavation and contract for the concrete work fairly soon since I had, I had the HOA approval. I did that prior to petitioning for the variance. And, the only side of that is I didn’t really want to go forward with the second retaining wall, like Mr. DeLong said, until I had approval to go ahead with the first retaining wall. So, I’m kind of in shut-down mode. Page 8 of 15 Zionsville Board of Zoning Appeals February 13, 2018 Evinger Do we have a copy of the HOA approval? Hinker I have a copy of that with me, if you’d like. I also have the covenants if you would like. I brought along a copy of that. Morical HOA approval is plenty. Thank you. Hinker Yes, sir. Mundy Does your HOA have an architectural review committee or Board that does that? So, they should be fully aware of what the covenants and restrictions allow. Hinker Absolutely. And, that’s precisely who I submitted to, and ironically, they also addressed the second retaining wall, and they had me sign a waiver for an easement, utility waiver, which I believe is similar to what was suggested in the staff review. This is the approval letter, and then attached - - Morical Unfortunately you have to talk into the microphone. Thank you. Hinker That’s the approval letter, along with my application, which I think was approved on October 2 of 2017, which is when I started working with the architect and tried to create something that would be amenable to what we had to work with, which is a pretty severe elevational difference in the back yard. I mean, within that 30 some feet, the storm sewer, there is around a 58-inch drop. So, it’s a fairly good-sized slope on the north side, and you can actually ski on it today. Morical Any further questions for the petitioner? Jones I just have the usual comment about, you know, are we setting precedent. You know, we routinely review this kind of stuff when it comes to the older lots in town, where there is a house on it that, you know, doesn’t really meet today’s current needs or standards, or we have odd-sized lots when it comes to granting variances to build within setbacks or, you know, making other exceptions, primarily because whatever was done decades or hundreds of years ago, or the case may be, doesn’t really work with today’s current wants and needs and standards. My concern with this is, this is a newer subdivision designed and platted for this style home of this size and this layout, and I get a little concerned when you start setting precedents to build over known setback lines. The same thing when you start doing the infill of the drainage swales. You know, I’m Mr. Drainage down here, I guess. Morical That’s what we call you. Jones So, it just generally, to me, is a concern that if this is something that the neighborhood wants to do to change their plats and their setbacks to keep everything, I’d be more in favor of that than the onesie-twosie approach. Page 9 of 15 Zionsville Board of Zoning Appeals February 13, 2018 Morical And, they do have the neighborhood process for the architectural review board and this is the group that’s set up to vet things like this, and they said they are good with it. Hinker I would say, Mr. Jones, that most of the folks within, I call it the racetrack. You know, Avedon Way and Avedon Drive, they form like an oval. And, for the most part, most of the folks have built decks and patios and fences. And, you know, they’ve consumed their property to a great deal. I don’t, I think the other point is, our home is around 1458 square feet. Most of the homes in that area were built in the 2000 square foot range, and then the larger homes, the 2-story homes, which I think were developed by the first builder, are in excess of probably 2200-2400 square feet. So, you know, the idea was to add a bit more square footage, and to that point, most of the square footage that we’re adding would be on property that we have the right to do so now. We’re actually only encroaching probably within 5 feet into the setback restriction for our 12-foot addition. So, we tried to do a minimum impact. We tried to do a minimum build out and keep it simpler. Morical Your encroachment is to the platted setback. You would not encroach into the setback as set forth in the covenants. Is that accurate? Hinker I’m not sure I understood that. DeLong Correct. The zoning setback and the setback that’s in the covenants, and the setback that actually appears on the prepared site plan that’s in front of us all indicates a minimum rear yard of 20 feet. It’s the specific Sanctuary zoning setback that’s also in our ordinance that is the 25, and so what he’s indicated this evening is the project would conform to the site plan that’s in front of you that was prepared by Stoeppelwerth, the covenants as prepared by a party that we don’t know who that was, all at 20 feet. Morical Any further discussion amongst the Board? So, normally we would encourage him to be able to connect with the neighbor and work through this. But, we’ve got the unnecessary hardship that that would entail. So, I think we need to address it tonight. I would entertain a motion. Wolff I’ll make a motion. I move that Docket #2017-52-DSV, design standards variance, supporting the construction of an addition to a single-family dwelling which encroaches into the platted 25-foot rear yard setback established in The Sanctuary’s Urban Single-Family Residential Zoning District, R-SF-2, be approved as presented. Morical Thank you. Is there a second? Mundy Second. Morical Any discussion? All those in favor, please say aye. All Aye. Morical Any opposed? Motion carries. Thank you, Mr. Hinker. Page 10 of 15 Zionsville Board of Zoning Appeals February 13, 2018 Hinker Thank you very much. I appreciate it. Morical Enjoy Phoenix. I don’t know why you would leave Indiana, but that’s okay. The next item on our agenda is Docket #2018-01-UV. Mr. Swiney. Please approach and state your name and address for the record. Thank you, have a good night. Swiney My name is David Swiney. 5779 South 900 East, Zionsville. Morical Please make sure to speak into the microphone. You’ll see a little red light if it’s picking up your voice. Perfect. Swiney My name is David Swiney. I live at 5779 South 900 East, Zionsville. Morical Perfect. And, can you give us a brief overview of what you’re interested in tonight? Swiney A brief overview of what I want to do is expand the home occupation allowance to include chiropractic treatment. Currently, the ordinance limits it to advise and consult services, and given the safe and non-fluid-based nature of chiropractic, I was hoping to expand that to include manual treatment, as well. Morical And, you sent out a letter to your neighbors advising them of this? Swiney Yes. As you can see, only one of the nine went through. I have gone to the post office. They cannot explain it. I didn’t get an apology, but I did get a refund, for the certified mailing. Yes. Morical Okay. Swiney And, those are all, I think, in the packets with you. Morical Counsel. One of the things we’re always concerned about is whether somebody has followed the steps they need to follow legally to be able to come before us with the petition, with one of those steps being effective notice. The notice itself, and that is the description and the mailing of it. It’s not the petitioner’s responsibility to ensure the post office actually delivers it. He’s supposed to provide it to the post office and pay for the certified mail within the time period required, but if the post office then says they failed to deliver it, affirmatively so, they failed to deliver it, and refunds the money, is that notice effective? Drake I have a couple preliminary questions. Swiney Sure. Absolutely. Drake Did they give you any idea why they haven’t been delivered? Swiney No. None. He took my receipt. He disappeared. I didn’t see him for about 5 to 10 minutes. He came back out and said I can’t explain it. We can give you a refund. Page 11 of 15 Zionsville Board of Zoning Appeals February 13, 2018 And, then he refunded me more money than he should have. So, I kept my mouth shut and left. Jones Then, where did the letters go? Drake Well, that was going to be my follow-up question. It’s not a situation where they’ve left notices in people’s mailboxes since they gave you the money back? Swiney They couldn’t track them. The tracking ended at the beginning of February, I believe, the second or third. And, there was no update to the tracking of the certified mailing. One was delivered to one of the neighbors. The others were not. All but one were delivered here in Zionsville. One went to a Lebanon address. Morical And, that wasn’t the correct address? Swiney It was, as far as I know, the correct address from the assessor’s office, but it did not get delivered, as far as we can tell from the certified tracking. Morical Mr. Swiney, you know, obviously notice is very important to us. And, you did everything you were supposed to do. Would you be amenable to sending out these notices again? Swiney I was assuming that’s what was going to happen. Morical Give it one more shot. Swiney Maybe it was raining too hard that particular day. Jones Sleet. I hear is a big - - Morical Yes. But, even with sleet they’re still supposed to deliver. Jones Well, I know. But sleet is snow. Sleet might be the over-under. Morical Okay. Drake Rain, sleet, snow. Morical So, you’d be amenable to a continuance to allow you to re-notice this? Okay. I apologize for that inconvenience. Is there anything else you’d like to say before we - - Swiney Do you want another newspaper notice? Do you have any questions that I could address here and now? DeLong My suggestion on the notice would be to require just first class notice. I mean, it’s - - Morical - - Do you think they’ll deliver that? Page 12 of 15 Zionsville Board of Zoning Appeals February 13, 2018 DeLong I mean, you have at least one party. I’m not sure if these folks here are also related to interest in the petition. Morical Just Rick. DeLong Just Rick? Okay. Swiney He didn’t receive it. DeLong Certainly you could try certified return receipt again. First class. Morical He’s got plenty of money. Swiney I can resend it. I can send one extra. Morical How much does the notice in the newspaper cost? Swiney I believe it was like $55 or something. Drake I mean, if you continue it on the record tonight, I think your notice in the newspaper is sufficient. Morical The original notice? Drake The original notice, as long as the motion is to a date certain. Morical Okay. Drake But, I think that the re-service of the certified mail to folks so we have some confirmation, or hopefully some confirmation, would be a good idea. Morical Right. And, I want to restore our faith in the postal service. Perfect. Okay. Swiney Any questions? Morical No, I think we need to be able to address it when everybody who may have an interest is available, and unfortunately, our post office let us down. We’re very disappointed. Swiney All right. Well, thanks for your time. Morical Thank you. So, I would suggest we grant Mr. Swiney a continuance. Would anybody care to make that motion? I’ll need the next meeting date before - - Drake - - March 13. Jones I’ll make a motion that we continue petition #2018-01-UV until the March 13, is that what I heard? 13th or 18th? Page 13 of 15 Zionsville Board of Zoning Appeals February 13, 2018 Morical 13th. Jones 13th Board of Zoning Appeals meeting. Morical Thank you. Is there a second? Evinger Second. Morical All those in favor, are you checking dates real quick? Drake No, Tuesday is the 13th. Morical Awesome. All those in favor, please say aye. All Aye. Morical Any opposed? Motion carries. Thank you very much, Mr. Swiney. Any other business for the Board of Zoning Appeals? You guys just came to watch? Wow, okay, great. Wolff Government class time. You chose a good meeting. Morical Do you want to approach the podium and, no? Okay, fine. Is there anything else we need to deal with tonight, counselor? Drake Yes. You have findings of fact on the Collier petition. Morical Excellent. Oh, adopting those. Drake Please. Morical As part of your Board meeting packet, you’ve got the findings of fact for petition #2017-42-DSV. Are there any questions or comments on those findings of fact? Hearing none, I would entertain a motion. Wolff I’ll make a motion to approve the findings of fact for petition #2017-42-DSV. Morical Thank you. Is there a second? Evinger Second. Morical All those in favor, please say aye. All Aye. Morical Any opposed? Thank you. Motion carried. Anything further, counsel? Jones Do we sign stuff down here? Page 14 of 15 Zionsville Board of Zoning Appeals February 13, 2018 Morical Sure. I’ll sign it and send it down. Drake A couple of updates. The Gummere commitments have been recorded. The Glenn item, of course, you just acted upon. The Scheidler Storage, the text of those commitments has been agreed upon, and they should be in the recording process. Morical Great. Thank you. Anything further to come before us tonight? We are adjourned. Page 15 of 15