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Board allows Wolf Works excavation business with conditions including nontransferability and container removal
Summary
The board conditionally approved Wolf Works LLC’s variance to operate an excavation business on a 1.377-acre parcel, imposing written commitments: nontransferable approval, removal or mitigation of shipping containers within a timeline, maintained screening, and restrictions on backing/unloading onto 300 South.
The Noble County Board of Zoning Appeals approved a use-variance request that will allow Wolf Works LLC to operate an excavation and equipment-maintenance business on a 1.377-acre A-1 parcel at approximately 11560 East Yard South, subject to multiple written conditions.
Applicant Zach Miley presented the request for 1,500 square feet of indoor maintenance space inside an existing barn, authorization for additional on-site equipment storage, and permission to use several shipping containers for equipment storage. He told the board the operation would be owner-operated, low-impact most days, and that he planned screening and site improvements to minimize visual and noise impacts.
Several neighbors and frequent cemetery visitors submitted written complaints and spoke at the hearing, citing past noise, truck traffic, the proximity of operations to a cemetery and nearby wells, and the condition of flags and clutter on the property. Staff acknowledged two letters submitted the day of the meeting and circulated performance standards related to the zoning district.
In deliberations the board proposed and the applicant accepted written conditions intended to mitigate neighborhood impacts: the approval will be nontransferable when the property sells; no containerized or outside storage visible from the roadway after a defined timeline; a perimeter tree buffer must be installed and maintained; and there shall be no backing or unloading onto State Road 300. The applicant also offered to limit semi deliveries to an average of one to two per month (with a possible cap discussed). The motion to approve included those conditions and the board recorded findings of fact consistent with the unified development ordinance.
The vote and findings in the record reflect the board’s agreement that, as conditioned, the use would not injure public health, safety, morals, or general welfare and that the hardships and property layout supported the variance. The board directed staff to record the agreed written commitments in the approval so they are enforceable as conditions of the variance.
