The Ellettsville, Indiana, Board of Zoning Appeals met
in session on
Roll Call:† Members present were
APPROVAL OF MINUTES
There were no minutes to approve.
2007-EUV-002†††††††††† Petition Eagles Landing, Jay Brinegar (Appeal of Administrative Decision)
Frank Nierzwicki- Director of Planning Services.† I observed last fall that Mr. Brinegar had a goat next to his business at Eagles Landing.† I went ahead and notified the manager at Eagles Landing, Beth Blancheck Robinson that having a goat was in violation of Town Code 152.001 Agricultural use within a Commercial zone.† Since that time, Mr. Brinegar and Stacy did appeal the directorís decision stating that 152.003, director has not shown that a pet goat changes the intensity of use, effect on and demand on transportation and other infrastructure and the affect on surrounding property uses and values as compared to use listed in this chapter.† The director shall permit the requested use.† And that is how we got to the BZA meeting.
No questions or comments at this time.
Jay Brinegar- I was born in this town, I went to
Frank gave me complaint forms that the complaint he received and that is what he acted on, which were two anonymous phone calls, I have copies of those that Frank provided for me, after sometime.† The first complaint, no name left, upset about the goat at Eagles Landing.† The first call came in at time of response † The next one said no name left on answering machine, the nature of the complaint was, goat behind Eagles Landing, signed Frank.†
So, after that I tried to reconcile what the problem actually was, if the goat causing problems or what was going on.† So, I went through the neighborhood and knocked on some doors and I did find out all of the land owners and I did a due diligence to see if indeed they had complaints about my goat.† I went to every house.† †I couldnít find one
person in my neighborhood that had a complaint about the goat, and I have signatures from adjacent land owners and or tenants of the adjacent properties.† I have their signatures here.
Jay read the petition: The undersigned names of the neighborhood adjacent Eagles Landing by signing the petition I support Jay Brinegarís rights to have a pet goat located behind Eagles Landing.
He produced a petition of supporters for his goat, and offered the BZA Board the opportunity to look at the names if they liked.
So, I went to Frank
Nierzwicki to see what we could do about the goat and he told me at that time
that I had two options at that time.† I
could file for a variance or I could file for a special use variance.† I researched those and came up with what I
figured was the best option at that time was a petition for special use.† I did in good faith, and filled and paid my
$150.00 for special exemption filing fee. I did fill out the paperwork. †Frank later said that I couldnít do that and
that I needed to file a different kind of petition, I needed to file an appeal
of Administrative Action.† I did
that.† He told me to do one thing and I
did it then he said well thatís not the way it goes.† So, thatís why we are here.† Because the special use goes to the
†I did meet with Frank and we talked about notifying the land owners by certified mail and he told me in that meeting that I did not have to do that, because the ordinances do not support that.† Then he said I had to file notice of this meeting in the JOURNAL, and I did that, here is the journal, here is the receipt.† Now the point in question.†
He says Iím using a commercial zone for agricultural use.† The animal in question is a Nubian Pigmy Goat, cross, it is big as it is going to be and it doesnít have horns.† It isnít a good milk or meat producer because of its size. It is a short haired, genetically engineered animal, engineered specifically to be a pet.† This goat isnít bred for agricultural use.† It was sold to be a pet and that is why I bought it.
I went to the
Jay Brinegar- Actually I was going to discuss the ordinance itself. Iím not producing anything agriculturally. He read the Code about agricultural use.† I donít think that having one pet goat changes land values, changes traffic, changes anything.† Jay thanked us for our time.
Jay responded that the goat is on a tether, an airplane cable.† The owner, Kenton Robinson, said I could put it loose in the fenced in area, but since it was close to the road and that people could see that goat and I thought maybe it would be part of the transportation issues. The way I have it now, is that no one car really see the goat unless they come into Eagles Landing or my auction house.† We thought about making a fence for it, but that hill is such that I donít think the goat would keep inside the fence, because it is on a hill and it could jump. †I think if we were to build an enclosure it wouldnít be as aesthetically appealing so that is why we keep it on a tether.† The goat has never been loose or wanted to get off the tether.
I noticed she is making a bit of noise, Jay said she is nervous because she is in the back of the truck.† She makes a little bit of noise, but Iíve asked the neighbors if the goat bothers them, the ones closest to the goat didnít even know she was there.
the petition represent all of the adjacent land owners? Were there any that did
not want to sign? Jay responded- One person did not want to sign, he actually
owns two properties.† He said he didnít
have a problem with the goat, he came over and petted the goat, and liked the
goat, but, he thought for political reasons that he wasnít going to sign the
petition, and his house is on
Of Course you understand that when you go and ask your neighbors they donít want to make you mad or whatever, and they may very well say, yeah I donít have a problem, generally they wonít go to the problem of signing a petition.
Geraldine McIntyre- Are you planning on having another goat there to go with this goat? Jay responded- I have a Black Lab, this is a herding animal that it gets along with the Black Lab and that is his herd.† I donít plan on breeding goats.
Jay responded- We discussed and investigated and looked at the Town policy and goat is not on that list.† It is an intelligent animal, we discussed getting a horse and a lama and we thought that looking at the ordinances that a goat would be a fine choice.† I find out later that it wasnít a fine choice.† I still say it isnít a farm animal.
Jay responded- a Hippopotamus is an exotic animal.
Jay Brinegar- then discussed domesticated animals and the history
of dogs, and how they were domesticated to herd sheep, as domesticated farm
animals.† You have to include dogs as a
domesticated farm animal.† Goats are a
pretty familiar animal; I just think that your list includes exotic animals and
the people that drafted the code why they include these and leave off one that
is so familiar. Jay brought up the
Jay Brinegar- Are rabbits not allowed in the city?
Ray Freetage- We have a lot of squirrels in our back yard.
Jay Brinegar- †I wanted to start an auction house in the home I grew up in, and I talked with Frank, and he said well you need to do this, this and this.† And I would spend my money and do everything he said and he said Frank would say, well, you need to do this, this and this, so I did that twice.† And he was unresponsive to phone calls, and heíll tell you one thing and think about it and tell you to do another thing, and this isnít just me, this is a complaint of other citizens of the town.† I feel Frank is unresponsive to me, and he has shown that.† I felt he was out to get me.
He discussed the two options that Frank had initially given him.† And I researched it and he said I needed to do the appeal.† Like I said, this is not the first time that Frank has changed his other mind to fit whatever is going on. I didnít really think I had to by reading that and it is open to interpretation, and that is why we are here today. †Like I said the goat was here for 8 months.† I think it had a lot to do with political reasons.† We had our own festival during the fall festival.† When you think about what the fall festival is about, it is to promote Ellettsville businesses.† We had a building inspection three days after we announced that we would be doing things at our business during the festival.†
Jay Brinegar- I donít think we are really here seeking a variance, are we?†
Frank Nierzwicki- The request, as I see it is we are here about the interpretation of the codes and how they read.† Jay did a pretty good job on his explaining his thoughts on his interpretation of the ruling.
Frank Nierzwicki- That is correct.† And my interpretation on the variance, is the land owner, which Jay isnít the land owner, the land owner would have to get the variance.†
Jay Brinegar- I did explain to you that he would do that.† But you told me that that was not an option.†
Geraldine McIntyre- Iím a farm girl from
Terry Baker- I was on the Planning and Zoning board when this code was drafted, and the intentions, at that time, included any type of a farm animal, regardless of what it was, would be excluded and not allowed.†
Jay Brinegar-discussed genetic engineering, and farm animals and agriculture use, and he questioned how am I promoting agriculture by a having one, single, solitary goat?
Jay Brinegar- but as I understand it, the surrounding owners had a problem with it.† She didnít keep the pet clean and the different issues.
Jay Brinegar- approached the board; this is what I did to file a variance.†
Frank Nierzwicki- A special use variance would be for the time that the use would be in effect was in old code, when the new code was updated, that was not in that new code.†
Frank Nierzwicki- No.†
Jay Brinegar- 152.023 user permitted by special exceptions, in the document it uses special use and exceptions interchangeably, this is the new code.
Frank Nierzwicki- It is very precise, in my interpretation, for the things that they would allow.†
Geraldine McIntyre- I have another problem, if we allow this, who is to say that other people might go out and have pet goats, and we would have a town full of them.
Jay Brinegar- Maybe that is not such a bad thing.† Discussed
Frank Nierzwicki- Some of those go back to the 1940ís or earlier.
Jay Brinegar- And we pay a lot of money to the people that do the animal control said they would not remove the goat.
Jay Brinegar- They said when they read the ordinance, there is room for interpretation, and that is what Anderson says, it all comes down to money, I would assume.
Ray Freetag- I didnít know the goat was there.
Jay Brinegar- Where do you live Ray?
Ray Freetag- On
Jay Brinegar- Less than 100 yards from the goat.† Didnít even know it was there did you?
Ray Freetag- No.
Jay Brinegar- It doesnít make a lot of noise, and it isnít intrusive to anybody.†
Jay Brinegar- Again, that is why I asked for a single goat, I
asked for a genetically engineered pygmy goat, female, discussed
Frank Nierzwicki-You are a court, to hear an appeal on this issue, if
code wants to be changed that could be brought up to the
Jay Brinegar-I did do that Frank, and this is what you told me to do.
Frank Nierzwicki-You have a request in front of you that you could react on.
Terry Baker- I make a motion that we stand behind Frank and up hold his administrative decision.
Phil Smith- Seconded the motion to uphold Frankís administrative decision.
David Drake, President††††††††††††††††††††††††††††††††††††††††††† Geraldine McIntyre
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Terry Baker†††††††††††††††††††††††††††††††††††††† ††††††††††† ††††††††††† Phillip Rogers