BZA grants special exception for track near Baker's Camp

Tuesday, April 1, 2014

In a meeting uncommonly cordial compared to similar hearings in recent years, the Putnam County Board of Zoning Appeals granted a special exception for an off-road motorcycle and ATV track near Baker's Camp Covered Bridge.

With a list of 11 stipulations regarding the use of the land, the BZA ruled unanimously to allow petitioner Kevin Green to use the agricultural land for camping and racing no more than two weekends per year.

The land in question -- parcels owned by Green and his relatives west of the bridge on County Road 650 North -- is zoned as Agriculture 1, meaning its primary use is to be contained to purely agricultural purposes.

However, Green still uses much of the land to grow crops, and was requesting the exception for races only once or twice per year.

In considering a special exception, the BZA is required to consider five findings of fact, which are outlined as follows:

1. The approval will not be injurious to the public health, safety and general welfare of the community.

2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner.

3. The need for the variance arises from some condition peculiar to the property involved.

4. The strict application of the terms of the Zoning Ordinance would constitute an unnecessary hardship if applied to the property for which the variance is sought.

5. The approval does not interfere substantially with the County Comprehensive Plan.

If the use is found to be in violation of even one, the BZA is required to deny the request.

However, the five members ruled in favor of Green's request while placing 11 stipulations in order for the use to remain in compliance.

1. Racing is to be limited to two weekends each year, neither of which should coincide with a recognized holiday.

2. Public notice of the races should be published both 60 days prior to the event and again two weeks before. Green must also notify adjacent land owners by mail 60 days prior.

3. The bridge is not to be used by oversized vehicles that could damage the historic structure.

4. Traffic control is the responsibility of the Greens.

5. Events are to be confined to the period between Friday evening and Sunday evening.

6. Organizers must provide the state-mandated ratio of port-a-lets to attendees. Hand-washing facilities must also be provided.

7. Property lines must be adequately marked to keep racers from crossing onto neighboring properties.

8. The exception is non-transferrable.

9. County roads and county right-of-way may not be used for racing or parking.

10. The exception will be reviewed every two years.

11. Notification requirements are waived for the first event.

The last stipulation was added due to the first event being scheduled for this coming weekend, April 5 and 6.

Green made his request in the fall, but a number of delays, including weather, prevented the meeting occurring until Monday.

BZA president Lora Scott made the motion for approval, which was seconded by Raymond McCloud. Members Kevin Scobee, Randy Bee and Ron Sutherlin also voted in the affirmative.

While a number of people were in attendance regarding the request, only one neighbor was in attendance in opposition. Even this neighbor, Harold Sattison, who owns 250 acres to the south of the Greens, said he gets along well with his neighbors, but had some concerns to express.

"It's not easy talking about your neighbors that you like," Sattison told the board.

Sattison said he opposed the request but that he did not know if there was some middle ground that could be found on the issue.

The zoning board addressed a number of his concerns, including adverse effects on property value and on wildlife in the area, with the date limitations and other stipulations.

The other neighbors in attendance were unanimously in favor of the request, characterizing them as ideal neighbors.

While two events per year are allowed under the exception, Green said only this weekend's stop by the Indiana Cross Country Racing series is planned for 2014.

Two previous races have been conducted at the site, with Green saying he was unaware they were in violation of county zoning laws.

He began the process of applying for a special exception once he received a cease and desist letter in 2013.

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