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Area Board of Zoning Appeals -October 6, 2010 <br />MR. URBANSKI: They have been using this site? <br />MR. LLOYD: Yes. <br />MR. URBANSKI: Because in the pictures we received some of the pictures we've seen some of the trees <br />seem quite large that's growing up in those sand, dirt piles. So some of that stuff has been there for ages <br />then? <br />MR. LLOYD: It has been, yes. The dirt piles have been there for awhile. <br />MR. URBANSKI: And will this continue on? I know you didn't put dirt piles on it, please but when you <br />see trees the size of these trees growing in the side of the dirt piles... <br />MR. LLOYD: Some of it is just sort of the nature of the kook on reaction, those piles have been there for <br />awhile and that's basically what's caused more material to be there and get us past 50%. We're willing to <br />listen to ideas to about how to have them lower or do those things to make them more visually appealing. <br />The piles are what they are and they have been there for awhile. <br />MR. URBANSKI: And that's why you need an extra 25%? <br />MR. LLOYD: Yes. <br />MR. FEDDER: My only comment is I would assume you would talk to the neighbors before it get to the <br />Council? <br />MR. LLOYD: Yes. <br />MR. PHIPPS: Mr. Chairman as I think the remonstrators have pointed out and Mr. Lloyd has agreed there <br />are still some details that need to be worked out as far as operating and removal especially for what they're <br />doing. And so with that not being defined for us I would make a motion that we send it with no <br />recommendation with hopes that these things could be determined and defined before the Council meeting. <br />A motion to send the Special Exception to the Common Council with No Recommendation was made by <br />Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. <br />After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy <br />the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition was sent to the Common <br />Council with No Recommendation. <br />Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this <br />Special Exception is sent to the Common Council with No Recommendation and will issue written Finding <br />of Facts. <br />PETITION SENT TO THE COMMON COUNCIL WITH NO RECOMMENDATION <br />48 <br />