Chipping away at a mining operation in the two-mile zoning district south of Plymouth recently crossed two Plymouth Boards.
IMI recently sought a variance of use for a gravel pit operation in the area of 11th Road just east of U.S. 31.
Residents in the area sought a denial of the variance sighting the health and safety risks, as well as depreciation of property values.
The Plymouth Board of Zoning Appeals sided with the residents of the area and ruled in their favor denying the variance.
Under the Indiana code, a local authority does not have the right to ban mining operations in a non-urban area. By the state’s definition, the south quarter of the proposed site did not meet that definition and operations would be permissible in that portion.
Residents have been seeking a repeal of that code and had asked the Plymouth Plan Commission to send State Senator Mike Bohacek and Representative Jack Jordan a letter of support. The Plan Commission approved a provided draft and the sending of that letter.
On the same topic, the Plymouth Board of Zoning Appeals has been considering ways that they can exert any control over the operation. City Attorney Sean Surrisi told the Board that he felt that while the code did not allow the board to prohibit all operations, they could place rigid restrictions on how those operations would be conducted.
Surrisi was asked to present the BZA with findings of fact for those restrictions, including the provision by IMI of a reclamation plan for the area along with corresponding financial guarantees, an earth berm around the property with a landscape screening, all 100-foot property setbacks be enforced, and hours of operation are to be restricted to 6 a.m. to 7 p.m.
A further restriction that would be imposed would be a maintenance bond for the roads in the area but Surrisi said the roads are not within the city limits and are therefore county roads. Approaching the county about their criteria for road maintenance in the area was suggested. Some sort of security fencing was also added as a restriction.
Board member Mark Gidley expressed regret of not being able to address the dust issues in the area caused by the constant truck traffic but said he was glad the Board was doing all they could to provide the residents in the vicinity of the facility some relief.
The Board voted unanimously to move forward with the restrictions.
