On September 15, 2026, Hearing Officer Melissa Bagley conducted a public hearing for two zoning cases under the streamlined hearing officer procedure authorized by Indiana state law. No members of the public attended to object, and both requests were approved.
Okay, that's 401. Um we picked these kinds of cases because we don't think they generate a lot of uh controversy. Clearly, based on the audience attendance. Um doesn't seem like anyone was particularly concerned. So this is the hearing officer procedure, and my name's Melissa Bagley, I'm a hearing officer. I've been appointed by the Fly Commission. And this process is authorizing everything at Indiana State Law to streamline certain BZA cases. We pick the cases based on we think they're first of all not on the threshold, we think they easily meet all of the criteria. Um so that's kind of how we choose those cases. However, um all of the rules of the board of zoning appeals apply to these hearings, and this is technically a public hearing. So we are required to send out letters to surrounding property owners. We have to put a sign out on the property, we do a legal advertisement just so neighbors can know, and if they want to show up and have questions, concerns they can be here. Um there is technically an appeal window. So if somebody were to be here and say I object to the decision that gets made, they can appeal that decision. Um, and then it is transferred to the full board so many appeals. So that being said, um, we have two items on the agenda today. We have the lower fence and bows. How did you say bows? Okay. Um, so just starting with the lower fence, it's a request to allow for a fence to be 48 inches tall, which is six inches taller than maximum 42 inches in a front yard. Probably is located at 742 Chestnut Street. Um, did you have anything you wanted to say for the record about the request? Uh no, other than um uh this will improve the safety of my property uh and the neighborhood. Currently, um there's a parking lot on my on my property, and people drive through it uh pretty quickly as well. Uh we've tried things to mitigate that, but um our plan is to put up the fence when we um we did it some modeling it was carbon. Yeah, we didn't uh the the uh the 42 inch just didn't uh wasn't proportional to the property that have the fence will be a Victorian style wrought iron type of fence, so there'll be perfect visibility on the corner, um and it'll just uh improve the the block and build in my property. That's that's the request uh asking for uh six six inches inches. Okay. That's that's about it. Okay, um, yeah, we didn't see any major concerns. I mean, the usually the concern we have is that when you build something taller than that, it has the potential to block the site visibility at intersections, but again, you mentioned this is not privacy fence, it's just a raw iron will have visibility. So we did feel that all of those criteria have been met, and we I grant approval to your request. Um we will follow up with a letter, and we will come take the sign. Um return that we will retrieve the sign, and um Desiree will I guess that follow up with uh an approval letter for your request, and then you'll be able to move forward. There's no building permits or anything that will require for events, so you're able to go ahead and get started on that. All right. And uh thank you, Desiree for walking me through it. That was really very helpful. So I just wanted to add that. Yeah. So you're welcome to stay for this next one, or you can go ahead and move on for the day. Um the second item is the Lord's. It's a request for conditional use approval to allow an accessory dwelling in the AG Agriculture General Zoning District. And the property is located at 2140 West 8 South. And did you have anything you wanted to add to your request? I mean, not really. I mean, it was like that is where it walked me through all of this. It was pretty um just clean, clean head. Yeah. Um did ask me an I prepared to put a super and down to because it's lower than the top part of the area.