business denied permit by BZA
William Fuchs, owner of the Neals
Salvage Yard in Osgood, presented an appeal to reverse the decision
to deny the renewal of a salvage yard permit at the regular meeting
of the Ripley County Board of Zoning Appeals on Tuesday, June
30. Fuchs was represented by attorney Larry Eaton.
According to Tad Brinson, Director of the BZA, Fuchs presented
an application to renew the permit in August of 2008. After looking
into the matter, Brinson learned that the permit had lapsed 13
months prior, as well as found that there were no utilities hooked
up to the property. He determined that there was no business being
conducted on the property, and refused to sign the permit application
as per the current zoning ordinances. Because of the lapse, the
property lost its grandfather" right to keep the original
Evidence of weigh bills, receipts and pictures were presented
by Eaton. According to Fuchs, this showed that he continued to
operate his business. Witnesses were brought forward to affirm
that business was conducted with Fuchs during the past year at
the Osgood location.
BZA board member Maureen Sheets expressed her concerns with the
evidence presented to the board. According to Sheets, tax records
show that the business address was in Rushville, where Fuchs currently
lives, and not Osgood. She also noted that the pictures were prior
to July 2007, when the permit lapsed.
Sheets pointed out that the tickets showing the sale of scrap
metal were not in Fuchs business name of Neals Salvage Yard.
The evidence is not definitive that you are operating a
salvage yard, said Sheets.
Adjoining property owner Sam Row challenged the statements that
the salvage yard had been in operation. According to Row, the
yard has not been active as claimed by Fuchs. Osgood Town Council
President Linda Krinop spoke about problems with unloading on
the road and blocking traffic. There have been ongoing problems
with the junkyard in the past, she said.
Other board members had concerns over the credibility of the witnesses,
who are longtime friends of Fuchs. According to testimony, one
witness traveled from Peru and another from Laurel to conduct
business with Fuchs at the Osgood location during the past year.
Testimony also showed that business was sometimes conducted at
the respective homes or at Fuchs Rushville home.
Because the evidence did not prove the operation of a business,
the board unanimously affirmed the decision made by Director Tad
Brinson to not renew the permit.
In other business:
The motion to grant the variance of required setback presented
by Andy Scholle, representing the Sylvester Young family was unanimously
The motion to grant the variance of required setback for
the Town of Holton was unanimously approved.
All board members were in attendance. The next meeting will be
held on Tuesday, July 28 beginning at 7 p.m. at the commissioners
meeting room in the courthouse annex.