Get Adobe Flash player





The White County Area Board of Zoning Appeals met Thursday January 15, 2015, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Roll Call.

Present: Randy Conwell, Carl Hites, David Rosenbarger, Dennis Sterrett, Richard Holmes.

Also attending were Executive Director Joe Rogers and Board Secretary Jennifer Hill.

Visitors attending were: Robert Morrow

The meeting was called to order by Chairman Holmes at 5:59 p.m.



Reorganization: The first order of business was reorganization. Richard Holmes nominated Area Plan Secretary Jennifer Hill as Board Secretary. Dave Rosenbarger seconded. The motion was passed and Mrs. Hill elected with a 5-0 vote. Richard Holmes nominated himself as Chairman. Dave Rosenbarger seconded. The motion was passed and Richard Holmes elected with a 5-0 vote. Randy Conwell nominated David Rosenbarger as Vice-Chairman. Dennis Sterrett seconded. The motion was passed and Mr. Rosenbarger elected with a 5-0 vote.

Minutes: There was a motion by Randy Conwell and a second by Dennis Sterrett to approve the meeting minutes and findings of fact of November 20, 2014 as written. The minutes and findings of fact were unanimously approved.

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

Variances & Special Exceptions

Variance Petition # 2915 Robert & Debra Morrow


Executive Director Rogers explained that Mr. Morrow wanted to expand on the variance he had received in October, File #2907. The Staff received one community communication from Jim Thayer; he indicated no objection to the request. Mr. Morrow is requesting an extension of the 5.8” south side setback that was previously granted. Director Rogers read the Staff Report into the record and provided photo documentation of the property in the petition.

Mr. Robert Morrow stepped to the podium and spoke in support of his request. Mr. Morrow indicated that he would like to keep the continuity of the roofline which will allow him to keep his utility access points where they currently are.

When there were no further questions from the audience, the applicant, or the Board, Attorney Executive Director Joe Rogers issued ballots for voting.

After tabulating the ballots, Chairman Holmes read the following results into the record:



Variance Petition # 2915 - 5 votes cast; 5 to grant; 0 to deny; Petition # 2915 is approved.


Additional Business:


Director Rogers spoke about the Annual Report. The Building Department was also incorporated into the report this year. The report provides budgetary reports, attendance and various other departmental summaries.


Decision Criteria Compliance was taken to the A.P.C. at their last meeting. They have organized a committee that will be meeting on January 29, 2015. The office has generated for the A.P.C. some research information on the term practical difficulties, how other zoning ordinances treat the self-imposed criteria along with economic gain. Hopefully, at their next meeting, the A.P.C. will have some feedback as far as how they perceive that section of the ordinance and, if they have a recommendation of any kind, that will be shared with the BZA at their next meeting.


The last order of business that was not on the agenda is in reference to the Hubbard Variance request that was heard couple of months ago and the fine assessed by the BZA. All corrections have been made, with the only outstanding issue being the fine. Director Rogers asked for the B.Z.A.’s authority to negotiate on the B.Z.A.’s behalf in an attempt to reach a settlement on the fine that would be agreeable with both our office and to Hubbard’s in an attempt to keep this issue from having to go to court. After some discussion, Carl Hites made a motion to deny the Executive Director’s request with a second from Dave Rosenbarger. Motion passed 4-1.


***Recording shut off just prior of the motion to adjourn at 6:33 p.m.


There being no further business, Dave Rosenbarger made a motion the meeting be adjourned with a second from Dennis Sterrett.


Respectfully submitted,




Jennifer Hill, Secretary

Area Board of Zoning Appeals




Joseph W. Rogers, Executive Director

White County Area Plan Commission







Document Prepared By: White County Area Plan Secretary Jennifer Hill “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.” _________________________________________________