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BZA MEETING AUGUST 15, 2013

The White County Area Board of Zoning Appeals met Thursday, August 15, 2013, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Carl Hites, Dennis Sterrett, Randall Conwell, Richard Holmes, David Rosenbarger.

Also attending were Attorney Abigail Diener, Executive Director Joe Rogers, and Board secretary Erin Carlson.

Visitors attending were: See Attached

The meeting was called to order by Chairman Hites at 6:00 p.m.

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Business

 

Minutes: There was a motion by Dennis Sterrett and a second by Richard Holmes to approve the meeting minutes and findings of fact of 7/18/13 as written. So moved.

Variances & Special Exceptions

Note: At the introduction of each case hearing, Director Rogers requested that the Staff Report be incorporated into the official record of the meeting, to be used as a reference document for the Findings of Fact for each hearing.

 

#2881 - John Jossund Variance: Lot Number Two (2) in Amos Oak Crest Lodge Addition Number (2) being a Subdivision out of the Southwest Quarter of Section Thirty-two (32) Township Twenty-eight (28) North, Range Three (3) West in Monon Township, White County, Indiana. Also known as 5525 N West Shafer Dr.

Violation: None

Request: The applicant requests a 13' rear setback on the North (street) property line to allow construction of 2 detached garages. The required rear setback for this lot in the L-1 zoning district is 20'.

Discussion: Director Rogers advised the Board that this is a continuation of the application heard on 7/18/13. He provided a short history of the applicant's first variance request (#2874, denied on 2/21/13), as well as the results of the 7/18/13 hearing. He confirmed that one portion of the applicant's 2-part request was granted on 7/18/13, that being the 3' East side setback. The only remaining issue to be considered tonight is the 13' rear setback on the North/streetside property line.

Director Rogers presented pictures of the subject property, including photos of his car parked approximately where the edge of the proposed garage would have been located if the applicants' previous petition would have been granted (an estimated 5' inside the road right of way). He reminded the Board that the requested setback has now been changed to 13', a full 8' further in from where his car is parked in the photos in question. He continued with a detailed overview of the proposed garage locations and the surrounding properties via overhead projection of photos and the applicant's survey.

When there were no questions from the Board, applicant John Jossund approached the podium and introduced himself. He shared answers from his "Points To Consider" sheet that was submitted for Board review when the meeting packets were emailed, stressing that his proposed garage would still be further off of the edge of the road than most in that area. He also asked that they note where his neighbor's boat is parked in the photos presented by Director Rogers, as it is kept only 8' off of the road.

Chairman Hites asked if Mr. Jossund had spoken with the utility company yet, to which he responded he had not, since if this variance is not granted it would be a moot point.

There was some discussion about how the applicant's boat will be towed and parked, and how far he will have to be in the road to pull out of his garage.

There being no further questions or comments, David Rosenbarger moved that the issue be put to a vote. Denny Sterrett seconded. Ms. Diener distributed the ballots.

After all ballots were returned to Chairman Hites, he read the following results into the record:

Result - 5 votes cast; 4 grant; 1 deny; petition is granted.

#2883 - John & Sheila Gura Variance: Lot 23 in Clarence Fee's Subdivision, Union Township, White County, Indiana; also known as 4341 N West Shafer Drive, Monticello.

Violation: None

Request: The applicant requests a 3.5' side setback on the South property line for a linear extension of the existing detached garage. The side setback for this lot size in the L-1 zoning district is 6'.

Discussion: Director Rogers provided a summary of the variance request and read the staff report, which included a history of R-5 to L-1 zoning changes in the area. He then presented the applicants' survey, and photos of the property. These items illustrate the plans to extend the detached garage 18' in length, at the same width of the existing garage already in place. He noted that, if this had been a height expansion, vs. a linear expansion, the existing 3.5' side setback would not even have been an issue. Director Rogers also noted for the Board, that at the time of the original garage construction, the side setback was only 3’ so the garage conformed to the developmental standards of the time. Ordinance changes made the garage legally-nonconforming.

There being no further questions for the Director, Chairman Hites asked a petition representative to approach the podium and introduce themselves. Owner John Gura introduced himself and thanked the Board for the opportunity to meet with them. He stated that Mr. Rogers' summary was on point, and added that they hope to maintain the aesthetic appeal of their neighborhood and the subject property by building the garage extension at the same width as the existing building. He confirmed that they are maintaining the same roofline.

When there were no further questions from the audience, the applicant, or the Board, Dave Rosenbarger moved for a vote on the variance; Richard Holmes seconded. Ms. Diener distributed the ballots.

After all ballots were returned to Chairman Hites, he read the following results into the record:

Result - 4 votes cast; 4 grant; 0 deny; petition is granted.

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Closing Business

 

Ballots: Director Rogers provided the Board with a brief history as follows: In 2009, the Board attorney at the time directed the Staff to handle BZA meetings as they were during previous administrations. We developed a Findings of Fact for variances as part of the minutes document. When Ben Diener came on board as BZA attorney, we expressed concerns about a couple of procedural issues with the ballot and Findings of Fact formats. The ballot format was updated at that time, followed by a change in Findings of Fact format later. We now generate Findings of Fact for the Board to approve and review with the meeting minutes themselves.

Director Rogers asked the Board to provide detailed reasons for each decision on their ballots going forward. This will ensure that the Findings of Fact generated for each hearing are as truly reflective of the Board's decisions and intent as possible. He confirmed that even affirmative answers on the ballot should be accompanied by reasons for those answers.

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There being no further business, Dave Rosenbarger moved that the meeting be adjourned; Dennis Sterrett seconded. Chairman Hites adjourned the meeting at 6:38 pm.

Respectfully submitted,

____________________________

Erin Carlson, Secretary

Area Board of Zoning Appeals

___________________________

Joseph W. Rogers, Executive Director

White County Area Plan Commission

Document Prepared By: White County Area Plan Secretary, Erin Carlson “I AFFIRM, UNDER THE PENALTIES FOR PERJURY, THAT I HAVE TAKEN REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN THIS DOCUMENT, UNLESS REQUIRED BY LAW.” _________________________________________________


EXHIBIT A

WHITE COUNTY AREA BOARD OF ZONING APPEALS

PUBLIC NOTICE OF REGULAR SESSION

 

August 15, 2013 - 6:00 p.m.

2nd Floor Conference Room

White County Building

Monticello, IN 47960

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AGENDA

6:00 P.M.: The White County Area Board of Zoning Appeals will meet in Regular Session pursuant to Indiana’s Open Meetings Law, I.C. 5-3-1-2 (b) with the following agenda:

READING OF THE MINUTES AND FINDINGS OF FACT – July 18, 2013

BUSINESS –

1. Ballots

VARIANCES & SPECIAL EXCEPTIONS –

1. #2881 - Jossund, Continued

2. #2883 - Gura