Drainage board approves variance for Cromwell convenience-store sign and clears Lot 6 construction

The Noble County Drainage Board granted two land-use variances during its meeting: one for a convenience-store sign at a Cromwell site owned by 3 Brothers LLC and one approving construction on Lot 6 of a subdivision that included an anomalous plat note requiring board approval.

Staff presented photos and aerial images showing the 3 Brothers convenience store canopy, pumps and sign foundation lie within the regulated drain right-of-way, and staff recommended that responsibility for replacement of the existing clay drain tile, if required in the future, rest with the property owner. Tony Baumgartner of C Store Services (who identified himself during the meeting) said his crew set tanks, footers and conduits but did not perform the regulated-drain work; he told the board his crew had not been aware of the regulated drain until site work began. Board members discussed depth and location of the clay tile (estimated 5–8 feet deep) and the difficulty and cost of future replacement if excavation were needed.

A motion to approve the variance for 3 Brothers LLC with a stipulation that the owner pay 100% of future replacement costs was moved, seconded and approved by voice vote.

On Lot 6 (owner: Mr. Kohlmeier), staff explained a statement on a subdivision plat recorded in the 1990s that said 'Lot 6 cannot be utilized until approved by the Noble County Drainage Board.' The owner and his representative said the proposed house sits about 125 feet from the center of the regulated drain and meets recorded setbacks. After questions from board members about setback lines and the unusual plat note, the board voted by voice to approve construction on Lot 6.

Both approvals were by voice vote; the transcript records members saying "aye" but does not provide a roll-call or numerical tally. The transcript contains no record of conditional permits beyond the 3 Brothers stipulation assigning future replacement cost to the owner.