Board of Zoning and Appeals Meeting Minutes – May 25, 2021

Board Of Zoning Appeals, News

The Martinsville Board of Zoning Appeals was called to order by Chairman Ann Marvel at 6:00 PM on Tuesday, April 27, 2021, in the Council Chambers of City Hall, Martinsville, IN.


Those members present were:

President Ann Marvel; Vice-Chairman Katie Barnard; Secretary Marilyn Siderewicz; Anna Elliott; and Tom Hacker.

Also in attendance:  Bob Strader, Building Inspector

Dale Coffey, Board Attorney


MOTION:   A motion was made by Anna Elliott to approve the minutes of the April 27, 2021, Meeting.  This motion was seconded by Katie Barnard and passed unanimously.


A. Docket No. BZA21008 – tabled from the April 27th mtg: Requesting a variance to place 8-foot privacy fence on the east side of property.  Property address:  2279 E. Country Club Rd, PID #55-09-26-230-002.000-020:  Legal Description:  Lot 6 Country Club Estates; Owner:  Diane Selch.

The variance request was first presented to the Board at the April 27, 2021, meeting.  However, there was an issue with proper notifications at that time and the request was tabled until a later date.

Martinsville Building Inspector Bob Strader said the fence would divide the Selch property with the adjoining neighbor.   The request is for the installation of an 8-foot-tall privacy fence instead of the city allowed 6-foot-tall privacy fence.

Chairman Ann Marvel asked if the fence would cause issues with traffic along East Country Club Road.    Mr. Strader said not at all.


BZA Attorney Dale Coffey said the Board needed to make three determinations before approving the variance request.   These determinations would be whether the fence would do harm to the general public; whether the value of any adjacent property would be adversely impacted; and whether a strict application of the city’s ordinance would result in practical difficulties in the use of the property.

Diane Selch told the Board that she feels the taller fence would look better on her property compared to the 6-ft tall fence.

Mr. Coffey reported that one of the Selch’s neighbors is operating a use on their property which is contrary to our zoning ordinance.   This use could be considered industrial.   He is hopeful that the neighboring property will come into compliance with the city zoning ordinances.

After discussion, it was decided that the findings of fact were satisfied. 

MOTION:   Katie Barnard made a motion to approve the variance to place an 8-foot privacy fence on the east side of the property at 2279 E. Country Club Rd, as requested by Diane Selch.      The motion was seconded by Tom Haggard and passed unanimously.


A. Docket #BZA21009: Request  variance to reduce setback on the north side of the property from 10 ft to 6 ft.  Legal description:  Lot 4 Blk 4 Catherine Dickson Sub, Lot 3 Blk 4 Catherine Dickson Subdivision Pt S 5’; PID #55-13-04-389-008.000-021; Owner – Harold G. Moss.

Mr. Harold G. Moss came before the BZA to request a variance to reduce the setback on the north side of his property from 10 ft. to 6 ft. in order to construct a new home on the site.

The Findings of Fact were found to be adequate.

MOTION:     Marilyn Siderewicz made a motion to approve the variance to reduce the  setback on the north side of the property from 10 ft to 6 ft at 110 West Poston Road, Martinsville, IN, as requested by Harold G. Moss.  The motion was seconded by Tom Hacker and passed unanimously.


NEXT SCHEDULED MEETING:    The next regularly scheduled meeting of the Martinsville Board of Zoning Appeals will be Tuesday, June 22, 2021, at 6:00 PM.

ADJOURNMENT:  There being no further business, the meeting adjourned with a motion by Anna Elliott, seconded by Katie Barnard, and passed unanimously.