Zoning changes officially approved by commissioners

Tuesday, June 4, 2019

Changes to the wording of the Putnam County zoning ordinance should have a serious effect on future decisions of the Board of Zoning Appeals.

On Monday, the commissioners approved language changes in the zoning ordinance that are likely to open up the number of variances allowed by the BZA.

The changes were approved by the Putnam County Plan Commission last month but needed the commissioners for official approval.

The main change to the ordinance is in the wording of what can be approved for a variance to the development standards in any district.

In particular, the final stipulation of a variance formerly read as follows: “The strict applications of the terms of the zoning regulations would result in an unnecessary hardship in the use of the property.”

County attorney Jim Ensley explained that the “unnecessary hardship” provision was a higher standard than other counties and municipalities.

“The county’s language is very strict compared to other jurisdictions,” Ensley explained.

Instead, the words “unnecessary hardship” were replaced by “practical difficulty.”

This was a change welcomed by BZA members present at the May meeting of the Plan Commission.

“In my mind, I think ‘practical difficulties’ has a different tone than ‘hardship,’” BZA president Lora Scott said. “That kind of implies something financial.”

Also approved was wording that allows the BZA to place restrictions upon any allowed variance, the same as is already in place for special exceptions.

These simple changes brought to an end nearly a year of discussion of changing the development standards in the Agriculture 1 district, which have been set at five acres and 350 feet of road frontage for several years.

While pretty much everyone involved in either the BZA or Plan Commission agrees that there are special cases when a smaller parcel should be allowed, the idea of a blanket change made many members and citizens uncomfortable.

Ag 1 was established as the “agricultural protection district,” so the idea of subdividing the land into smaller parcels did not sit well with a number of interested parties.

On the other hand, it has been argued that when the five-acre rule is strictly applied, more land is taken out of production than is necessary, while most of the parcel then sits uncultivated and under-utilized.

The less restrictive wording should allow the BZA to, in certain cases, approve parcels that come in at less than five acres or 350 feet of frontage.

Ensley explained to the commissioners that in his six years as county attorney, use variances are so rarely granted that people have mostly stopped applying for them.

“There’s been this assertion that these come before (the BZA) and it’s black and white,” he told the Plan Commission. “If that’s the case, then why does the BZA exist? (County Planner) Don (Hatfield) can do that down at his office.”

In other business:

• The commissioners voted to again contribute up to $1,500 to the health savings account of each county employee.

The first $500 will be automatically contributed, while up to another $1,000 can be contributed as a county match to employee contributions.

The county is able to do this again because health insurance premiums are down for the county, about $96,000 annually.

“The reason that savings is there is our employees are becoming more aware and they’re not using the emergency room as much,” County Auditor Lorie Hallett said.

Vision insurance premiums are down about five percent, while dental insurance is up about five percent.

The insurance renewal period begins on July 1, with the new plan year starting on Aug. 1.

On that date, each employee will receive the first $250 of county contribution to his or her HSA.

• The commissioners approved a road closure for a June 15 motorcycle ride from Krambo’s Kustom Kolors.

County Road 445 West in Manhattan will be closed from U.S. 40 to County Road 750 South.

The closure should last first from 9 a.m.-noon and again from 3:30-7 p.m.

The annual motorcycle scavenger will act as a fundraiser for one child and one adult in need in the Putnam and Clay county area.

• The commissioners officially approved of the county taking possession of K9 officer Cain, who came to the Putnam County Sheriff’s Department alongside partner Kyle Lee.

Lee and Cain had formerly worked for the Greencastle Police Department. After Lee joined the sheriff’s department, the sheriff and the City of Greencastle worked out a price of $3,250 for the dog.

The sheriff’s department has money in its budget for the animal without an additional appropriation.

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