November 4, 2010
The Ellettsville, Indiana Plan Commission met in
regular session on Thursday, November 4, 2010 in the Fire Department Training
and Conference Room located at 5080
West State Road 46. Dan Swafford called the meeting to order at
6:00 p.m. Phillip Smith led the Pledge of Allegiance.
Roll Call: Members present were: Dan Swafford,
President; Ron Wayt, Vice President; Don Calvert, Phillip Rogers, Phillip Smith
and Sandra Hash, Secretary. Clayton
Sullivan was absent. Connie Griffin, Planning Director, and Rick Coppock
were also present.
Approval of the Minutes – October 5, 2010
Dan Swafford entertained a motion for approval of the October 5, 2010 minutes
as corrected. Phillip Smith so
moved. Phillip Rogers seconded. Motion carried.
Stogdill – 530 W. Tecumseh, Ellettsville,
IN 47429, Driveway Permit Code Enforcement
in Arrowhead. Mr. and Mrs. Stogdill and Connie Griffin
the Stogdills have debris and trash in their back yard. A permit for the driveway was issued in
2007. However, the driveway has been
extended to the back of the house. The
continual driving on the back property has killed the grass and left bare soil
which is now an erosion issue. The
Stogdills want to extend the driveway to the back of the property. When the Stogdills met with Ms. Griffin after
receiving the code violation letter, they advised they were getting ready to
put more gravel down and she instructed them not to do so until it was
discussed at this meeting. The Stogdills
were going to do an administrative appeal after receiving the letter regarding
the code violations. The time period for
their abatement had been extended due to the possibility of the administrative
appeal. When Connie
Griffin went to the Stogdill residence on November 4, 2010,
to check on the status of their administrative appeal form, she was informed they
would not be coming to this meeting and would not be filing the appeal. At their residence, Ms. Griffin noted
additional gravel had been laid after she instructed them not to do so. Pursuant to Code 152.224(B), Location of
Parking Spaces, Side and Rear Yards, Single Family Districts, “The parking area may occupy a maximum of
fifty percent (50%) of the area extending from the rear of the principle
structure to the rear lot line between side lot lines.” It was decided the Planning Department
will issue an abatement to stop parking in the back area, a spring date for
vegetating the area and an abatement of ten days for the trash and debris in
the back yard.
On The Way –
Marathon Gas Station (formerly known as the General Store) – 7398 W. SR 46, Ellettsville, IN,
317-374-3261 (store number 812-876-8750), Rajesh Patel Petitioner – Standard
LED Marathon Gas Signage.
Griffin – the Marathon
Gas signage has a LED digital readout and requires approval of the Planning
Commission. The Marathon Gas Station is
where the General Store was located. The
Marathon sign will be on the poles which held
the General Store sign. Marathon will be closely watched to make certain they observe
the nine foot clearance (if they’re closer than fifteen feet to the curb) and
that they do not exceed twenty-six feet which is the maximum height for
signage. The proposed sign meets all
Dan Swafford entertained a motion. Phillip Smith made a motion to approve the
LED signage for the Marathon Gas Station located at 7398 W. SR 46 in
Ellettsville. Phillip Rogers
seconded. Roll Call vote: Dan Swafford – yes; Ron Wayt – yes; Don
Calvert - yes; Phillip Rogers – yes; Phillip Smith - yes; Sandra Hash –
yes. Motion carried 6-0.
Griffin – has been
reviewing various sign codes because there needs to be more clarification in
the Town’s current sign code. A chart
has been prepared which illustrates existing code and proposed changes for what
would be allowable for each zone. The
proposed changes are minor and there are some additions which will make the
sign code fair and consistent for everyone.
Griffin – Recently,
the Town entered into an Interlocal Agreement with Monroe County Animal
Control. It was discussed at the
supervisor’s meeting that we adopt the Monroe County Animal Ordinance because
they do the Town’s animal control.
Within the Monroe County Animal Ordinance, chickens and livestock are
permitted. However, they are not allowed
to run free. Ms. Griffin requested
Commission members email comments on the animal control ordinance to her within
the next month.
Ron Wayt – asked if the Town Code is to mirror the Monroe
County Animal Ordinance and not Bloomington. Connie Griffin
responded it is based on the Monroe County Animal Ordinance. Mr. Wayt also asked if the Monroe County
Animal Ordinance is divided between residential neighborhoods and agricultural
areas. This could become a problem if
animal control ordinance does not differentiate between residential
neighborhoods and agricultural areas. Dan
Swafford said perhaps we can address the issue of livestock in our zoning
ordinance instead of the Town’s animal ordinance. Connie Griffin will review the animal code.
Privilege of the Floor – Non-Agenda
announced that effective December 31, 2010, he is resigning from the Plan
Commission as he is moving to Bloomington. Mr. Wayt thanked everyone for the opportunity
to serve on the Plan Commission. As the
Town grows, some tough decisions will have to be made. Mr. Wayt hopes everyone will do what is best
for the Town to assist it in growing responsibly, to make it a progressive
community and to make it attractive for businesses and residents alike. Dan Swafford thanked Mr. Wayt for serving on
the Plan Commission.
Ryle – the
violations at Arrowhead and the metal recycling operation in Ellettsville
indicate to him the Planning Director can only go so far without legal
counsel. The Town is at the point for
the Planning Director to get legal advice on how to proceed. Once the complaint letter is sent and if
there is not immediate or reasonable compliance legal counsel should be
involved. This is new territory for the
Town and the Plan Commission. Each time
legal counsel develops a procedure then the next time the Town will be in a
better position for enforcement. He has
researched other planning commissions and very few get into a conflict
situation without some form of legal representation. Connie Griffin
noted she has talked with her department liaison and will be requesting legal
counsel for the December Plan Commission meeting. Dan Swafford stated this is a good idea and
agrees with Mr. Ryle. Things are
changing, we’re growing and we are enforcing issues the Town hasn’t had in the
past. Legal advice at the meetings would
be of great benefit for everyone concerned.
Sandra Hash asked if the Planning Department has heard anything on the
code violations previously submitted to the Town Attorney. Connie Griffin
responded the Town Attorney is getting ready to file three different cases in
the court system.
Swafford entertained a motion to adjourn.
Phillip Rogers made the motion to adjourn. Don Calvert seconded. Dan Swafford adjourned the meeting at 6:44
p.m. The next meeting will be December 2,
2010 at 6:00 p.m.