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Mooresville Planning Commission, October 8, 2020 Members Present: Mike Young, Kimberly Schofield, Perry King, Robert Alumbaugh, Jeff Deiterlen, Mark Taylor, John (J.D.) Robinson and Ms. Copeland in attendance for Town Attorney Chou-il Lee Mike Young opened the meeting with a call for approval of the minutes from the last meeting, Perry King so motioned and Mark Taylor seconded. Next on the agenda the Planning Commission was asked to approve an order to demolish a residence on East High Street. The petitioner for the city told the Planning Commission that the house is a public health hazard, as it is vacated and so blighted it will not allow human habitation, The house was destroyed by fire on September 9, 2019. He again requested the Planning Commission grant the order for the town to demolish. Mike Young called for public comment. Eric Sanders identified himself as the attorney for the insurance company State Auto. He requested a 30 -60 -day delay, or the alternative, requested a timeline for demolition. He stated that the cause of the fire was still under investigation by the State Fire Marshall and State Auto. The scene of the fire was released in February 2020, but State Auto was not aware of the release until June or July of the same year. Various requests were sent to the State Fire Marshall, but not all required information has yet been received and a FOIA request was submitted for a causal report. State Auto needs this information to determine coverage. State Auto may be "on the hook" for demolition costs if coverage is available. Mike Young asked what would be done in the next 30-60 days by State Auto. Mr. Sanders replied that the scene examination was completed in August, but the State Fire Marshall passed off the Report for Origen and Cause to a third party, and the FOIA was to request this report. State Auto must have this report to determine coverage. Kimberly Scofield asked if the Siddons Law Office was closed and clarified that the homeowners died in the fire in September. Beth Copeland clarified that the Siddons Law Office is the legal representative for the estate. Kimberly Scofield asked why a FOIA was necessary in this case. Mr. Sanders said that the Origen and Cause report from Investigator Robbins was an important part of the investigative process. Beth Copeland stated that statutorily there are requirements for the town of Mooresville. The order of demolition, if approved, would mean that the homeowners, or in this case, the estate, is informed that they have 30 days to take action. The Mooresville Planning Commission may also grant State Auto's request for a 60 -day deferment, Mike Young asked how soon the town would be begin demolition. Mr. Sanders said that if the 60 -day deferment were not granted, then State Auto would need a timeline. Beth Copeland added that if the demolition were to cost less than $10,000, the town could proceed with a purchase order, Pamela Siddons, attorney for the estate, then addressed the Planning Commission, stating that their firm's research had uncovered a town ordinance for demolition of unsafe buildings from 1993, and that the appropriate body to grant the demolition order is the town judge, thus this request is in the improper venue. Beth Copeland confirmed that Ordinance 18 of 2000 and Ordinance 9 of 1993 would strip the Planning Commission of jurisdiction. The demolition request was no longer proper and must be removed. She stated the town of Mooresville would have to pat the request before the proper venue. Next on the agenda Mike Young called for the representative of the property, Ross Holloway Engineering, to describe the proposed development at Indianapolis Road and County Line Road. The request is two -fold: 1) create a minor plat dividing the plat into two lots; and 2) the rezoning of lot 2 from 12 to B3. Mr. Young first called for discussion on the first request, the division of the plats. Jack Fenway of 1036 Indianapolis Road addressed the Commission stating that he is opposed to putting an 18,000 square foot facility on this land and that he is opposed to the rezoning as a self -storage facility cannot be placed on I2 zoned land. Mike Young stated he was only taking comments on the replat, and Mr. Fenway could comment when the rezoning was being considered. Bobbie Brookmeyer of 117 Dellawood Drive addressed the Planning Commission stating that she was disheartened in her discussions with the future owner, Scott Mattingly, and members of the Planning 1