Board grants 30-day extension while owner seeks acreage to relocate animals

ANDERSON, Ind. — At the Aug. 6, 2025 meeting, the Anderson City Board of Zoning Appeals granted a 30-day extension to property owner Domingo Hernandez Cruz to comply with the board’s prior order to remove cattle from his 50 Third Street property while he seeks a new property to relocate the animals.

The item, discussed under miscellaneous business as a follow-up to petition 8-25, emerged from the board’s prior decision to require the removal of cattle while allowing chickens, goats and pigs to remain. At the Aug. 6 session, interpreter Grace Reyes told the board Cruz had identified a potential 21-acre site outside city limits and was working with the trustee’s attorney on a cash sale; Cruz and a cooperating board member estimated it could take roughly 30 days to finalize the transaction and to arrange fencing and clearing before moving animals.

Neighbor Adam Guatney, who had remonstrated at the previous hearing, told the board he did not oppose the extension but raised procedural questions about a board member’s prior role in the property transaction. Guatney said he believed Board Member Grubbs had a conflict because Grubbs had been involved in listing and facilitating the prior sale; the board declined to reopen that issue, noting it may be decided in pending court proceedings. Attorney Lanham cautioned the board about discussing matters that could affect ongoing litigation.

Board members voted to grant the requested 30-day extension. The roll call recorded Spencer, Mrs. Williams and Williams voting yes; Grubbs recused/abstained from participation in that vote. The board indicated that, should Cruz complete the purchase and move the animals, members would expect written confirmation or Cruz’s appearance before the board so the earlier variance or exception could be formally vacated.

Reyes told the board Cruz has about eight cows, two calves, a pig and several chickens and goats and that his oldest son and, previously, Cruz’s parents live at the 50 Third Street property. She said the identified 21-acre site is outside Anderson city limits, and a trustee’s attorney was reviewing the sale; closing could occur before the August meeting but Marching work (fencing and clearing) would take additional time.

The board recorded that an appeal of the board’s earlier decision had been filed by the neighbors who remonstrated; no change to that appeal was announced at the meeting. The extension was granted with the board noting it would revisit the matter at a future meeting if the relocation did not occur within the extension period.