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2008-12-30
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7th C7 <br />Indiana and they won't give a permit for a repair based on what he wanted to do. They <br />will give a permit based on a total rewiring or a total replumbing. They will not give a <br />design release for the kind of work they want to do. You don't repair the whole building <br />because it has one little problem. We don't want to rewire and replumb the whole house. <br />Councilman Bryant said I think that is the prablem. In June of 1993 the Morgan County <br />Health Department deemed that property unfit for human inhabitance and listed fourteen <br />points, none of which have been repaired. In June of 2003 there was a hearing to try to <br />get Mr. Turner to do repairs that you want to do today. You agreed to begin repairs <br />within thirty days from May 22"d 2003. The completion date on the rafters, windows, <br />soffits on both the front and back buildings was to be completed by no later than July 31St, <br />the siding repair to be brought into code compliance no later that August 20th, 2003. <br />None of those things have been done. We move forward to January of this year and that <br />is when we started the imminent domain proceedings. Doug Turner said that is true but it <br />takes a permit to do it. Councilman Bryant said there is always a reason where you are <br />concerned. You only want to spend $300 to bring that building in compliance and that is <br />not even going to scratch the surface. Town attorney Tim Cuzx'ens said he wanted to say <br />a couple of things, one, is it doesn't meet the requirements of what originally was filed on <br />an unsafe building and two, as far as the Tawn's appraisal it was found that for <br />commercial use, which the property is zoned for, they found the property to have a <br />negative value because the only thing he felt could be done was to have the building <br />raised to make it have a function. Mr. Currens said he didn't think any Judge wauld <br />throw that out; he will look at it for what it is worth. Attorney Currens told Doug Turner <br />he had talked with Mr. Turner's counsel on this case and he thought it was foolish to put <br />improvement into a building that is under imminent domain because you won't get that <br />back. You can't increase the value of the parcel after the fact. He doesn't feel <br />comfortable with you putting money into it at this time and neither do I. Until the court <br />makes a determination on the imminent domain, that would be putting your money at <br />risk. Attorney Currens said they were trying to move this along as fast as possible by <br />trying to get all the pretrial work done and then proceed with discovery. Mr. Currens said <br />he had requested a full day in court and that he is doing everything he can to get this <br />expedited and if Mr. Turner will cooperate with us in that fashion he thinks it will help <br />both of us. I think the standards needed to bring this up to a Class 1 structure are not <br />being met. So, it is mare than adding a little plumbing or a little wiring there is a lot <br />more work to be done to make the building meet the standard for Class 1 structure and <br />that is why the permit was denied. We da not have the right to give a permit on a Class 1 <br />level, which is only thru the state. <br />Mark Peden brought some rezones to the council that had been recommended to them <br />from the last Plan Commission meeting. This property belongs to Mrs. Hancock and is <br />located on County Line Road. Two acres of their ten acres had been zoned to B-3 from <br />agriculture for ascreen-printing business for her husband. There is no longer a need for <br />this business and Mrs. Hancock wants the two acres to go back as agriculture. <br />Councilman Dolen made a motion to grant the rezone B-3 to agriculture, Councilman <br />Bryant seconded. Motion carried 4-0. A motion was made by Councilman Bryant with a <br />second by Councilman Dolen to approve Ordinance 17, 2004 for the rezone from B-3 to <br />Agriculture far the Hancock property. Motion carried 4-0. <br />Dave Renner, spokesman for the Eternal Life Baptist Church, appeared before the Town <br />Council requesting hook-onto the sewer lines. This church is located on County Line <br />Road and is in Hendricks County. "The church burned and they are rebuilding. They will <br />use the building for a church only, not as a daycarnd he demeed they weere anneXnnga° ~e <br />had talked with the Town Manager at Plainfield a <br />county line. Councilman Bryant asked what the zoning was on that property The church <br />members thought it was zoned special needs. The church was built twenty-seven years <br />ago. They have Indiana American water. Councilman Bryant explained that the Town <br />could not annex across county line. Mr. Renner said a mound system would cost $21,000 <br />that would be quite an expense for their church. Councilman Shields asked if all <br />possibilities had been evaluated and asked if they could build somewhere else. Mr. <br />Renner answered no, they own the five acres of ground and it was already paid far. The <br />insurance money would not buy ground, only to replace the building on the same piece of <br />land. Councilman Shields voiced his concern that if this hook-on were allowed it would <br />set a precedent for others in Hendricks County. Council President Worthen told the <br />
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