Shelby County Board of Zoning Appeals Meeting Minutes

Excerpts for the meeting minutes of the Shelby County BZA monthly meeting minutes, original copies are located on their website.
Shelby County Board of Zoning Appeals
Meeting Minutes
Tuesday July 10, 2007

Members Present:
Carolyn Blackford
Kevin Carson
Doug Warnecke
Richard Whelen

Members Absent:
Ann Sipes

Staff Present:
Amy Dillon
Mark McNeely

New Business

BZA 2007-12: Bridgers Scrap Booking Retreat Use Variance c/o Anson Craig Bridgers
2801 East Vandalia Road, Flat Rock, Indiana 47234. Gregg Graham of Shelbyville is the
attorney representing the petitioner. Tony Nicholson of Space and Sites is the project
engineer. The address of the property is 2801 E. Vandalia Road. The current zoning of
the property is A and the current use is single-family home. The petitioner is seeking
approval of a use variance to allow a scrap booking retreat facility to be operated from
the home located at 2801 East Vandalia Road. (Noble Township, Section 22)

Amy Dillon read the petition into the record and indicated that she had proof of
publication of the legal notice in the Shelbyville News and proof of notification to the
interested parties. She indicated that her office originally received a call from the Health
Department to determine if there were proper permits issued that would allow a
scrapbook retreat facility business to be run from the home at this location. The Plan
Commission staff determined that Mr. Bridgers was not in compliance with the Shelby
County Zoning Ordinance, so the Plan Commission staff contacted him and requested
that he either cease operation of the business from this location. Bridgers contacted Mr.
Graham to determine what needed to happen. Graham then filed the use variance to
allow the operation of a scrap booking retreat facility from the single-family home. The
Plan Commission has also been working closely with the Shelby County Inspector’s
Office and Health Department to ensure that the facility is brought up to code to meet
both department’s requirements. The petitioner is here tonight to request approval of a
use variance, and if the variance is approved, he will proceed with getting state design
releases and Health Department approval.

Mark McNeely stated that he has conflict of interest with Mr. Bridgers because he is
representing him in other matters.

Greg Graham spoke for the petitioner. He indicated that he had reviewed the suggested
stipulations included in the staff report, and he noted that his client was willing to comply
with all of the stipulations. We also understand that approval of this petition is subject to
completion of stipulations. Mr. Bridgers is running a scrapbook retreat facility at what
used to be known as the Old Geneva Dairy. There are 9-16 women that join together for
on weekends to scrapbook. These women come from all over the country. There are no
business activities taking place during the week. His business only operates 30 weekends
out of the year. Graham distributed pictures of different scrapbook facilities to
familiarize everyone with different facilities. Mr. Bridgers has no employees; however
he does have people arranged to come in and do manicures and massages, but they are
not employed by Mr. Bridgers. We feel that this business will not directly affect or
impact the neighbors because guests are never outside of the building. He sells supplies
within the building so the women do not have to leave during the retreat. An aerial
photograph has been provided to show the distance between neighboring properties
owners. Since he was cited for his violation he has been moving his retreats to the Lees
Inn in Greensburg. This becomes very difficult for the ladies at the retreat because these
women like the secluded, quite areas where they can scrapbook without any interruptions. These women want to come to have an enjoyable scrapbooking vacation. We would like to comply with all of the county’s stipulations.

No one spoke in favor of the petition.

Four individuals spoke against the petition. Don Pickett was the first to speak in
opposition of the petition. He has had problems with Mr. Bridgers before. The ladies do
not always stay in the house. From time to time the women go down to the river to walk
around. All of the neighbors take good care of their property. Some of the women turn
around in my driveway. The women park in the road to unload their luggage. Due to last
year’s snow there were two women parked in the road overnight. This is a curvy road
and a very bad place to park cars. The septic system does not meet the current standards.

Richard Toothman spoke in opposition of the petition. The vehicles that are parked along
the side of the road obstructs the view of residents pulling out of their driveways. The
women do get out of the retreat site. We have seen them walking on our property as well.

Deborah Toothman spoke in opposition of the petition. She agreed with the other two
neighbors. She also stated that there are children and men that attend these retreats as
well.

Don Stephens spoke in opposition of the petition. He is not against the type of business,
but he has a problem with everyone parking in his yard. He has personally asked Mr.
Bridgers to not have the women park in his yard, but they have not complied. He will
continue to call the sheriff’s department when the ladies trespass on his property. He has
had to clean up trash out of his yard from the scrapbook retreats. He is not opposed to
approving the variance, but he is requesting strict stipulations be placed on the business.

Gregg Graham offered a rebuttal to the neighbors’ comments. The staff report shows
stipulations that will take care of most of the neighbors’ concerns. Mr. Bridgers has legal
title to the walkway along the river. There is no reason that the women should be off of
this walkway. The parking is an issue but the engineers are working on providing a
parking area. (This stipulation is within the staff report.) The septic issues are not a
concern for this board. We will address these types of issues with the local Health
Department. No pets are allowed at the retreat. This should take care of this concern as
well. Graham is submitting statements from attendees of the retreat. These people have
nothing but good things to say about the retreat.

After questions and discussion from the Board of Zoning Appeals, Doug Warnecke made
a motion to vote on the petition with the stipulations made in the staff report. Carolyn
Blackford seconded the motion. The motion received a tie vote with 2 to 2 with Doug
Warnecke and Carolyn Blackford casting the dissenting votes. Kevin Carson made a
motion to re-hear the petition at the August 7, 2007 meeting, and Doug Warnecke
seconded the motion. The motion was approved unanimously. The petition will be re-
heard during the August 7, 2007 at 7:30 p.m. meeting.

Shelby County Board of Zoning Appeals
Meeting Minutes
Tuesday August 7, 2007

Members Present:
Carolyn Blackford
Kevin Carson
Ann Sipes
Doug Warnecke
Richard Whelen

Members Absent:
None

Staff Present:
Amy Dillon
Mark McNeely

Discussion/Miscellaneous Business:
Craig Bridgers Zoning Violation
Amy Dillon formally presented the Craig Bridgers update that was sent to the Board of Zoning Appeals in their packets (attached to the minutes).

Shelby County Board of Zoning Appeals
Meeting Minutes
Tuesday September 4, 2007

Members Present:
Carolyn Blackford
Kevin Carson
Ann Sipes
Doug Warnecke
Richard Whelen

Members Absent:
None

Staff Present:
Amy Dillon
Mark McNeely’s representative

Discussion/Miscellaneous Business:
Craig Bridgers Zoning Violation
Amy Dillon presented the Board with an update on the Craig Bridgers/Olde Geneva Dairy case. She informed the Board that the County Council has indicated that they will approve an additional appropriation for her department to hire outside legal representation. She indicated that she has hired Cameron Morgan and Brady Rife from McNeely, Stephenson, Thopy and Harrold to represent her department. A court date has been set for September 13, 2007. She indicated that she hopes to get compliance and a final resolution to the case after the court hearing.

Shelby County Board of Zoning Appeals
Meeting Minutes
Wednesday, November 7, 2007

Members Present:
Carolyn Blackford
Kevin Carson
Ann Sipes
Doug Warnecke
Richard Whelen

Members Absent:
None

Staff Present:
Amy Dillon

Craig Bridgers Violation
Dillon updated the Board on the Bridgers/ Olde Geneva Dairy case. The County had to hire special legal counsel for this case because of conflict of interest. We had a court date set for September but the day before the scheduled hearing Bridges’ attorney decided to continue the hearing. The Olde Geneva Dairy website is still up and running and as far as we know he has not had any additional retreats on site, in Shelby County. We believe that he is conducting his retreats out of a Greensburg hotel. It was discovered that he had major problems with his retreat that he held at the Fairfield Inn in Greensburg this past weekend. We are still in the process of collecting evidence and information regarding our case against him. However, at this time he is in the Shelby County jail on a charge of public intoxication (unrelated to this matter). He is being held on a 15 day hold for a Probation Violation.


Shelby County Plan Commission
Meeting Minutes
January 8, 2008

Members Present:
Carolyn Blackford
Kevin Carson
Ann Sipes
Doug Warnecke
Richard Whelen

Members Absent:
none

Staff Present:
Amy Dillon

Craig Bridgers/Olde Geneva Dairy Case Update
Our case was rescheduled/continued because Craig Bridgers was in jail (for an unrelated incident) and unable to communicate with his attorney. At this time no further activity has been reported.

Shelby County Plan Commission
Meeting Minutes
March 4, 2008

Members Present:
Carolyn Blackford
Kevin Carson
Ann Sipes
Doug Warnecke
Richard Whelen

Members Absent:
none

Staff Present:
Amy Dillon
Mark McNeely

Craig Bridgers/Olde Geneva Dairy Case Update
Dillon noted that the Bridgers case is still pending in the legal system. The trial was set for tomorrow, March 5, 2008 at 1:30 pm; however it has once again been continued to a later date. Mr. Bridgers is still in jail, and his attorney is no longer representing him. Mr. Bridgers filed a continuance with the court, and the judge granted his request. Mr. Bridgers has been sending in interrogatories to the County’s attorney and essentially costing the County a lot of money. Since he has been in jail he has been developing these questions on a weekly basis. The next court date is now set for May 15, 2008. The County and the court system would like for this matter to be settled out of court, and we are attempting to accomplish this. Basically the County is requesting that Mr. Bridgers pay a portion of our attorney fees, along with the $400 check that he bounced with the Inspectors Office. We are also requesting that he have the residence inspected and bring it up to code. We are also requesting that he disable his website so that people stop making reservations. However, at this time he has not been willing to negotiate.

Shelby County Plan Commission
Meeting Minutes
June 3, 2008

Members Present:
Carolyn Blackford
Kevin Carson
Ann Sipes
Doug Warnecke
Richard Whelen

Members Absent:
none

Staff Present:
Amy Dillon
Mark McNeely

Discussion:
Amy Dillon provided the Board of Zoning Appeals with an update on the County’s case against Craig Bridgers regarding the Olde Geneva Dairy Scrapbooking Retreat. She noted that the bench trial for the case was held on May 15, 2008. She indicated that Bridgers represented himself against the County. She stated that she testified on behalf of the County as did Warren Goodrich, the County’s former Building, Plumbing and Electrical Inspector. She added that Bridgers had two sheriff’s deputies, Steve Sever from the Health Department and Gregg Graham as his witnesses. She indicated that the trial took approximately 3 hours, and that the County’s attorney and Bridgers had until June 15, 2008 to submit their findings of fact, closing statements, etc to Judge Sanders. She concluded by stating that a ruling would be made shortly after that.

Shelby County Plan Commission
Meeting Minutes
July 8, 2008

Members Present:
Carolyn Blackford
Kevin Carson
Ann Sipes
Doug Warnecke
Richard Whelen

Members Absent:
none

Staff Present:
Amy Dillon
Mark McNeely

Discussion:
Amy Dillon provided the Board of Zoning Appeals with an update on the County’s case against Craig Bridgers regarding the Olde Geneva Dairy Scrapbooking Retreat. She stated that she had hoped to have a ruling back from the Judge Sanders by this meeting, but a ruling had not been made. Mark McNeely noted that this might take up to a month to occur. Dillon stated that she hoped to have a ruling to share with the Board at the next meeting.

Shelby County Plan Commission
Meeting Minutes
August 5, 2008

Members Present:
Carolyn Blackford
Kevin Carson
Ann Sipes
Doug Warnecke
Richard Whelen

Members Absent:
none

Staff Present:
Amy Dillon
Mark McNeely

Discussion:
Craig Bridgers/Olde Geneva Dairy Case Update
Amy Dillon provided the Board of Zoning Appeals with an update on the County’s case against Craig Bridgers regarding the Olde Geneva Dairy Scrapbooking Retreat. She stated that she had a ruling in and it was in the County’s favor. She noted that Judge Sanders ordered Bridgers to pay a total of $9321.45 in fines and fees and acquire all necessary building, electrical and plumbing permits and complete necessary work in full compliance with Shelby County Code within 90 days of the order and judgment.