Morgan County BZA delays decision after applicant reports recycled concrete blocks shortfall for screening wall

The Morgan County Board of Zoning Appeals on July 28 declined to take action on a progress report from G Curtis Properties LLC about installing perimeter screening required under a May 29, 2024 use-variance condition, saying the board will review archived meeting recordings and take the item up at a later date.

Attorney Justin Warren, representing Curtis Properties LLC, told the board the company has procured roughly 490 of an estimated 600 recycled precast concrete blocks the board required and that distributors expect the remaining roughly 110 blocks to be available by November. "These concrete blocks are not actually made out of fresh concrete," Warren said. "They are made from recycled concrete…there's only so much of it in the market at the time."

The board's requirement stems from a condition attached to a use variance for the property, 9680 North Little Point Road in Adams Township. Board members and staff debated whether earlier meeting minutes accurately recorded the board's direction when the alternative screening method was discussed. Chair Rumbaugh recommended the board take no action at the July meeting and review the audio record of the May 29, 2024 discussion before making a determination. "My recommendation is we do nothing on this tonight, and we see if there is still an archived copy of the recording of that meeting," Rumbaugh said.

Warren said the blocks on order are heavy, vary slightly by supplier because of differing interlocking mechanisms and are often produced from recycled material recovered during summer demolition and roadwork. He said construction could proceed quickly after all blocks are on site but declined to promise a guaranteed deadline, saying availability is subject to supply fluctuations. "Once we have all of those, I do think that that will come together quite quickly," Warren said, but added he could not commit to a specific contingency-backed deadline.

Board members pressed for clarity about what had been approved previously. Several members noted the original condition was adopted following use-variance proceedings in 2022 and again addressed in a May 2024 follow-up, and they asked staff to confirm how the minutes recorded the board's original direction. Planning staff said that if the board wanted to change the condition rather than receive a progress report, the petition would need to be re-advertised as a public hearing.

The board ultimately voted to continue the matter to the next regular meeting and ask staff to search for an archived audio recording of the May 29, 2024 meeting so members can verify what was promised. The board asked the applicant and his representative to return at the next meeting with any additional documentation. The motion to continue carried on a voice vote; the board did not record a roll-call tally in the meeting minutes.

The application remains open; the board requested additional documentation and an audio review before any change to the screening condition is made.