Brookville runs afoul of APC again
July 19, 2022 at 7:28 p.m.
Franklin County Area Plan Commission discussed action against the Town of Brookville for building without a permit at its July 13 meeting.
APC president Robert Braun brought up concerns about construction at the former Zimmer facility on 7th Street despite the fact the town had not sought a building permit for the site. Franklin County area plan executive director Cindy Orschell informed the board she received a call from the state fire marshal, who was on-site with the county building inspector earlier in the day and issued a “stop work” order.
An addition built onto the concession stand in the Brookville Town Park in 2021 was constructed without a permit from the county, landing the Brookville Town Council on the APC's violation report for a number of months before the paperwork was corrected.
Also discussed:
-Franklin County Area Planning Commission reviewed a series of zoning code revisions proposed by board member Ed Derickson at its July 13 meeting.
Derickson introduced a list of several issues for the board to review with the intention of advertising for a public hearing on a zoning code amendment in August. The proposal included changes to regulations on fireworks/explosives storage facilities, farm equipment and supplies sales, mini warehouses and self-storage, produce stands, confined livestock operations, horse stables, seasonal hunting and fishing lodges, welding shops, automotive repair and sales and the role of the county's comprehensive plan and spot zoning.
Braun started with the increased regulations on fireworks, which would require approval from Orschell and inspection by the local fire department chief. Braun asked if every citizen in the county lighting off a few fireworks would be required to obtain approval. Derickson replied he wants to regulate the fireworks used in large-scale displays for events. APC members agreed a more detailed description of the regulated fireworks should be written.
Concern was noted about approval of local fire chiefs, whether the county's volunteer departments would have the availability to inspect the facilities and if they would need specialized certifications or training. Derickson replied he would hope the various departments throughout the county would be able to work together to review each facility and be able to offer input on safety. APC member and volunteer firefighter Darryl Kramer reported on a tour of the Owens Corning facility in Brookville where local fire departments were brought in and offered instruction on dealing with the site's potential hazards. Kramer sees a facility inspection as an opportunity to see how the site is arranged and get an idea of how the department would respond to an emergency.
The board moved on to other proposed revisions. Braun suggested revising the code's text on storage of “unlicensed and/or inoperable,” removing the word “or” in order to require vehicles be both licensed and operable.
Kramer questioned Derickson's suggestion to change self-storage facility applications from class-two approval to class-three. The class-two approval process only requires the review and approval of Orschell, where a class-three would require approval of the board. Derickson replied AP office has had problems recently dealing with self-storage facility applications and would prefer the board to have more control over the process. APC member and county surveyor Rob Seig noted self-storage facilities can have a large impact on water drainage and runoff; class three approval will give the APC more oversight to ensure development is done responsibly.
Kramer addressed the proposal to require class-three approval on produce stands, noting many farms have operated produce stands for years with no issue. Derickson agreed, but noted some produce stands do not offer an appropriate place for cars to stop and park, potentially resulting in a traffic hazard. The board decided to strike the change.
Derickson reviewed his suggestion to require class-three approval for welding shops due to the chemicals and gases used. Kramer suggesting striking R-3 (multi-family residential) from the permitted zones and voiced his support for keeping it as a class-two.
Derickson addressed how the county's comprehensive plan should impact zoning decisions and spot zoning. He could find nothing in state code about spot zoning, although it is prohibited by the county's comprehensive plan. Derickson spoke on the importance of protecting tourism in the area and how it could be impacted by home-based businesses.
-Seig brought to the board information about implementing a technical review committee to the area planning process. Seig proposed requiring submission of plans at least three weeks before an application comes before the APC for review by a board which could include a representative from the county surveyor's office, the highway department, soil and water conservation board, health department, a commissioner, building inspector, APC president and board of zoning appeals chair.
Braun asked if the review committee would be part of the APC or a separate entity established by county commissioners. Seig suggested it would be a part of the area planning office.
-Seig suggested holding an executive session to discuss the area planning office's policy to address ongoing issues at the office. Kramer questioned if policy was an allowable topic for an executive session.
-The Franklin County Board of Zoning Appeals reviewed an application for a variance for less than required setback at a property in Brookville at its July 13 meeting.
Property owner Caleb Barnes explained he plans to build a lean-to structure against the backside of his shed, which would sit close to the fence line between his property and a neighbor. The addition will provide a roof over two bicycles and a lawnmower.
Derickson, BZA vice-president, asked if the Town of Brookville had approved the project. Orschell replied the town will be asked to approve a building permit for the project before her office issues a building permit, but he must first receive a variance for the reduced setback.
BZA member Terry Duffy asked Orschell if she knew of any precedence permitting no setback on a residential lot similar to this situation. Orschell replied she was unable to recall an approval for a similar request in the past. Duffy inquired about placing the lean-to on the other side of the shed, Barnes replied the other side of the shed, along with much of the yard, was dedicated to garden space. Barnes noted other outbuilding on neighboring properties have setbacks as low as one foot, although they are older structures.
Derickson suggested allowing a one-foot setback for the lean-to. Barnes was amenable to the compromise. Derickson made his suggestion into a motion, which was approved by the board.
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Franklin County Area Plan Commission discussed action against the Town of Brookville for building without a permit at its July 13 meeting.
APC president Robert Braun brought up concerns about construction at the former Zimmer facility on 7th Street despite the fact the town had not sought a building permit for the site. Franklin County area plan executive director Cindy Orschell informed the board she received a call from the state fire marshal, who was on-site with the county building inspector earlier in the day and issued a “stop work” order.
An addition built onto the concession stand in the Brookville Town Park in 2021 was constructed without a permit from the county, landing the Brookville Town Council on the APC's violation report for a number of months before the paperwork was corrected.
Also discussed:
-Franklin County Area Planning Commission reviewed a series of zoning code revisions proposed by board member Ed Derickson at its July 13 meeting.
Derickson introduced a list of several issues for the board to review with the intention of advertising for a public hearing on a zoning code amendment in August. The proposal included changes to regulations on fireworks/explosives storage facilities, farm equipment and supplies sales, mini warehouses and self-storage, produce stands, confined livestock operations, horse stables, seasonal hunting and fishing lodges, welding shops, automotive repair and sales and the role of the county's comprehensive plan and spot zoning.
Braun started with the increased regulations on fireworks, which would require approval from Orschell and inspection by the local fire department chief. Braun asked if every citizen in the county lighting off a few fireworks would be required to obtain approval. Derickson replied he wants to regulate the fireworks used in large-scale displays for events. APC members agreed a more detailed description of the regulated fireworks should be written.
Concern was noted about approval of local fire chiefs, whether the county's volunteer departments would have the availability to inspect the facilities and if they would need specialized certifications or training. Derickson replied he would hope the various departments throughout the county would be able to work together to review each facility and be able to offer input on safety. APC member and volunteer firefighter Darryl Kramer reported on a tour of the Owens Corning facility in Brookville where local fire departments were brought in and offered instruction on dealing with the site's potential hazards. Kramer sees a facility inspection as an opportunity to see how the site is arranged and get an idea of how the department would respond to an emergency.
The board moved on to other proposed revisions. Braun suggested revising the code's text on storage of “unlicensed and/or inoperable,” removing the word “or” in order to require vehicles be both licensed and operable.
Kramer questioned Derickson's suggestion to change self-storage facility applications from class-two approval to class-three. The class-two approval process only requires the review and approval of Orschell, where a class-three would require approval of the board. Derickson replied AP office has had problems recently dealing with self-storage facility applications and would prefer the board to have more control over the process. APC member and county surveyor Rob Seig noted self-storage facilities can have a large impact on water drainage and runoff; class three approval will give the APC more oversight to ensure development is done responsibly.
Kramer addressed the proposal to require class-three approval on produce stands, noting many farms have operated produce stands for years with no issue. Derickson agreed, but noted some produce stands do not offer an appropriate place for cars to stop and park, potentially resulting in a traffic hazard. The board decided to strike the change.
Derickson reviewed his suggestion to require class-three approval for welding shops due to the chemicals and gases used. Kramer suggesting striking R-3 (multi-family residential) from the permitted zones and voiced his support for keeping it as a class-two.
Derickson addressed how the county's comprehensive plan should impact zoning decisions and spot zoning. He could find nothing in state code about spot zoning, although it is prohibited by the county's comprehensive plan. Derickson spoke on the importance of protecting tourism in the area and how it could be impacted by home-based businesses.
-Seig brought to the board information about implementing a technical review committee to the area planning process. Seig proposed requiring submission of plans at least three weeks before an application comes before the APC for review by a board which could include a representative from the county surveyor's office, the highway department, soil and water conservation board, health department, a commissioner, building inspector, APC president and board of zoning appeals chair.
Braun asked if the review committee would be part of the APC or a separate entity established by county commissioners. Seig suggested it would be a part of the area planning office.
-Seig suggested holding an executive session to discuss the area planning office's policy to address ongoing issues at the office. Kramer questioned if policy was an allowable topic for an executive session.
-The Franklin County Board of Zoning Appeals reviewed an application for a variance for less than required setback at a property in Brookville at its July 13 meeting.
Property owner Caleb Barnes explained he plans to build a lean-to structure against the backside of his shed, which would sit close to the fence line between his property and a neighbor. The addition will provide a roof over two bicycles and a lawnmower.
Derickson, BZA vice-president, asked if the Town of Brookville had approved the project. Orschell replied the town will be asked to approve a building permit for the project before her office issues a building permit, but he must first receive a variance for the reduced setback.
BZA member Terry Duffy asked Orschell if she knew of any precedence permitting no setback on a residential lot similar to this situation. Orschell replied she was unable to recall an approval for a similar request in the past. Duffy inquired about placing the lean-to on the other side of the shed, Barnes replied the other side of the shed, along with much of the yard, was dedicated to garden space. Barnes noted other outbuilding on neighboring properties have setbacks as low as one foot, although they are older structures.
Derickson suggested allowing a one-foot setback for the lean-to. Barnes was amenable to the compromise. Derickson made his suggestion into a motion, which was approved by the board.