Resident can live in an RV, but can't build a small house on Morgan County property

Jessica Lynn Noel can live in the RV on her property in Jefferson Township, but she can't build a small house there members of the Morgan County Board of Zoning Appeals decided Monday night.

Noel's request to live in her RV while she replaces her fire destroyed home was approved over the objections of her neighbors.

That approval comes with several stipulations which include her cleaning up the property and removing the home by the end of September. The property is located at 2975 N. Grizzley Lane in Jefferson Township. It is zoned agricultural.

In her letter explaining why she was requesting approval to live in the RV, Noel said on Dec. 23, 2020, she lost her husband of 17 years in the fire that destroyed her home. She also lost three animals in the fire. Noel said they did not have insurance, either life insurance on her husband or insurance on her home.

Noel said she had lived in multiple locations while she tried to determine her future. She said late last year she decided to stay on the property. The RV already was on the property so she used it as temporary housing while she continued to live at a friend's place in Greenwood. Noel said she began cleaning up her property.

She told board members she had seven dogs, nine cats, a bunny, two turkeys, and three ducks on the property. Noel said her animals are "like my children as I don't have any children of my own."

Noel said friends and family have helped her care for her animals, but they have lives and can not help all the time.

Noel also said someone broke in to her RV and the shed on her property and stole some items.

Noel cited some family problems including illness delayed some work on her property. She said the COVID pandemic also added to her problems.

Noel said she received a letter in January citing her for living in her RV and having a shed put on her property without a permit. Noel said she went to the planning department after receiving the letter and began working to correct the problems. Noel said she had a company in Indianapolis remove junk cars from the property.

County plan director Laura Parker said Noel came to the office and had been working with them on correcting the problems. She confirmed Noel had removed the junk vehicles.

Neighbors complain about living in RV, don't want small house nearby

Around a dozen of Noel's neighbors asked the board to deny her request to live in her RV . They cited trash, the burnt out home, and barking dogs as some of the reasons they wanted the board to deny her request.

They asked the board to have the fire damaged home removed, saying it was affecting their property values.

That started a discussion on what actions the county may take on structures that may be considered unsafe.

Parker said at this time, the county does not have an unsafe building ordinance that would allow the county to take action against property owners who have structures considered unsafe on their land. She said the municipalities have ordinances that allow them to take action but the county does not.

When asked if the "public nuisance ordinance" could be used, board attorney Mark Peden said probably not as the nuisance law is specific on what it covers.

After more than an hour of discussion, and over the objections of the neighbors, the board voted to allow Noel to live for six months in her RV. During that time, Noel is to clean up her property. She will return at the September meeting for the board to review her progress.

Noel also filed a request seeking to build a home with less than the 950 square feet required by county ordinance. She wanted to build a home with around 800 square feet. Noel said she lived alone and did not need a bigger house.

The neighbors asked the board to deny her request. They said nearby homes are at least 1,200 square feet and if Noel was allowed to build a smaller home, their property values would be hurt. They cited covenants and restrictions in force in their subdivision and asked the board to make Noel conform to them.

Board attorney Peden said the board could not enforce the subdivision rules, and could only enforce county ordinances or state law.

At one point in the discussion, a board member asked the neighbors what was worse, a small home or a burnt out house?

After another hour of discussion, the board denied Noel's request to build a smaller home.

This article originally appeared on The Reporter Times: Morgan County rules resident must build house at least 950 square feet