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Heimlich property owners propose 50-foot roadside setback and berm; public hearing set
Summary
Petitioners for the Jack Heimlich property asked the Grant County Board of Zoning Appeals to allow material to remain within a reduced buffer, proposing a 50-foot roadside setback, an 8-foot earthen berm and a staged removal plan; the board scheduled a public hearing and did not make a final decision.
Jason Miller, the petitioner’s representative, presented engineering plans and a first-draft design for the Jack Heimlich gravel property, asking the Grant County Board of Zoning Appeals for guidance and a special-exception pathway that would allow some construction material to remain within the otherwise applicable buffers.
Miller told the board the site can comply with the county floodplain rules but cannot meet every buffer requirement without removing decades of material. "What is presented before you is an aerial photo along with the progress of the topographic survey that we've completed," Miller said, summarizing a plan that would remove material in a 50-foot strip adjacent to County Road 825 East and relocate or redistribute remaining material to locations outside the 500-foot residential buffer. He estimated that fully removing 20–25 years of material could take on the order of 10 years and described that timeline as a hardship supporting a request for limited relief.
The petitioner proposed visual mitigation as part of the compromise: "An earthen mound with a minimum height of 8 feet shall be constructed along County Road 825 East with vegetation to provide a buffer from the roadway," Miller said, adding that trees, shrubs or a fence could be included as conditions. Miller also said the access on County Road 825 East has been closed and that work on the property has stopped while the petition proceeds.
Planning staff confirmed the petition’s scope and the next steps. "The petition filed 09/15/2025 requests acceptance of clean fill (concrete and asphalt) related to the Main Street Upland Road project and permission to remove and deposit sand and topsoil from the subject property," Mr. Glancy said. He noted that state and federal permits would be required (a floodplain permit from the Indiana Department of Natural Resources Division of Water and a construction-stormwater general permit under IDEM/Rule 5) and that a local permit would follow after any board action.
Board members and staff discussed practical and enforcement details: who would repair road damage, whether INDOT or a contractor might share costs, the feasibility of reducing mound height or shifting material west, and dust-control measures. Members said neighbors have previously raised concerns about road safety, dust, and the visual impact of high piles; one member summarized that a hearing and neighbor input would be valuable before final design is completed.
No final ruling was made. The board agreed to re-open the docket with a formal public hearing next month to gather affected-landowner input, at which point the petitioner should provide a finalized plan and any required permit documentation. The hearing will follow standard public-notice procedures and any conditions placed on an exception would be enforceable by the county planning office.
The board did not vote on the special exception at this meeting; the matter will be revisited following the public hearing and submission of permit materials.
