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BZA MEETING MARCH 19, 2015

 

The White County Area Board of Zoning Appeals met Thursday March 19, 2015, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Roll Call.

Present: Randy Conwell, Dennis Sterrett, Richard Holmes.

Absent: Carl Hites, David Rosenbarger and Attorney Abigail Diener

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

Visitors attending were: Angela Hughes, David Stimmel, Rick Dockerty, Lisa Mellinger, Robert & Katie Ertl, Willcina Tiede, Guunith Hornback, Bill Britton, James Wiley, Virginia Wiley, Art Anderson, Jim Cade, William Clyde McCutchon, Philip Gutwein, Richard Werdner, Dow Dellinger, Butch Kramer, James Annis, Shirley Weidner, Carol Bick, Brad Gutwein, Patrick Moone, Bryce Lowring, Matthew Smith, Jacob Garling, Terry Saunders, Darrell Smith, Leslie Franklin-Smith.

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

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Business



Minutes: There was a motion by Dennis Sterrett and a second by Randy Conwell to approve the meeting minutes and findings of fact of January 15, 2015 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 # 2916 Casey’s Marketing Co.

 

Chairman Holmes explained that this is a 5 member Board and there are only 3 members present, so they have the option of continuing until the next meeting if they’d like to. The Applicants requested to proceed. At this time Executive Director Rogers stepped to the podium and read the Staff Report and provided photo documentation of the petition site. Next, Patrick Moone, Farnsworth Group, representing Casey’s, stepped to the podium. He stated that there were two requests for consideration the first is the encroachment of the fuel canopy and the second being the opening direction of the dumpster enclosure. First, Mr. Moone spoke of the dumpster enclosure and explained that there are 4 right of way lines around the entire site of the property. Further, if the enclosure was facing the building there would be safety issues as it would be 100-120 feet from the building. Mr. Moone explained that traditionally the dumpster enclosure faces out, the same way as the front door but in this case it was turned a little to screen it from the main traffic. Mr. Moone also mentioned that in the Landscaping plan it does have Arborvitae that grow to 20 feet to help screen the dumpster enclosure on the Lincoln Street side. Mr. Moone then addressed the second request of the fuel canopy. Mr. Moone stated that the hashed out area is actually the area that they’re requesting the Variance for. Again, the Arborvitae would be planted along the Lincoln Street right of way. Initially they’re 6-8 feet high but grow to about 16-20 feet in height to screen that area. Chairman Holmes asked Mr. Moone to clarify if there would be the two pumping stations or just one. Mr. Moone stated that there would be two pumping stations. Randy Conwell asked to know if this variance isn’t approved is there any other way to locate these pumps to be within the setback. Mr. Moone explained that this site plan was done by Casey’s staff themselves and he wasn’t sure what options they had looked at, as far as he was concerned he hadn’t looked at any other options. Mr. Dennis Sterrett asked to know if semi’s turning right would the semi need to go into the northbound lane of traffic. Mr. Moone stated that he’s looked at that before and they try to keep them from encroaching into oncoming traffic. Chairman Holmes asked Mr. Moone if he knew what the flow of traffic would be for the semi traffic. Mr. Moone explained it would be signed one way around the store, but they’ve not communicated which way that would be for sure yet. They will both come in off of U.S. 421 and exit onto State Rd 16; they would not be allowed to come in and head on into one another. If there is a preference Bryce can certainly go back to the operations people and let them know that. Mr. William Clyde McCutchon stepped to the podium and spoke in favor of the request but mentioned the truck traffic and how it will be congested with trucks with trailers pulling out of the lot. Dave Stimmel, with the Town Board of Monon stepped to the podium; he was concerned that he’s not seen any representatives of Casey’s at any of the Town Board Meetings and suggested that a little more effort towards communication would be helpful. Mr. Stimmel voiced the Town Board’s concern of the entrance if the trucks are going to enter at the northeast corner of 421, there is a 35’ driveway and we just don’t think it’s going to be enough. Director Rogers clarified that they could go up to 40’ without obtaining a variance. Mr. Stimmel suggested buying the already matured Arborvitae’s would help a little bit with the disruption of the neighborhood. Mr. Stimmel provided a little bit of history of the site as well. Director Rogers explained the requirements for the driveway approval. Director Rogers asked Mr. Stimmel, if, based on what we’ve learned since the first driveway approval, will this be approved. Mr. Stimmel stated “I think not”. There have been emails sent since the letter from Carl Hites, from 2 of the members, they were concerned about the traffic flow and wouldn’t suggest leaving it as it is. Mr. Stimmel stated he would suggest that would mean that they might not approve it as originally designed. Jacob Garling stepped to the podium and addressed the truck traffic as well as the lack of cross walks in that area for children to utilize. Mr. Garling is also worried about the property values in the area declining with the commercial traffic on the side streets. Dave Stimmel, with the Town of Monon, stepped to the podium. Mr. Stimmel commented that the Town Board would prohibit the traffic as quickly as possible so that doesn’t occur. There was short conversation between Dave Stimmel and Randy Conwell in reference to the pavement conditions of State Road 16. Art Anderson, County Council offered a suggestion that they come off of 421 to help with the flow of traffic. Angela Hughes stepped to the podium. Ms. Hughes addressed semis making wide right turns and the safety of the children in the area. William Clyde McCutchon stepped back up to the podium and addressed the semi’s turning too short and turning over at the intersection. It’s happened twice. Chairman Holmes asked what direction they were coming from. Mr. McCutchon stated that they were coming 421 N turning east onto 16. Pat Moone, Farnsworth, stepped back to the podium to address some of the concerns of the public. Mr. Moone stated that if traffic needs to be restricted from State Rd 16 so traffic isn’t blocked that can be done. With regards to the Towns concern with the access of 421. This is the first that we’ve heard of that concern but we are willing to work with them on the matter. As for the screening with more mature trees. We’re also agreeable to that and will work with them on that matter as well. There was short discussion between Director Rogers and Patrick Moone in regards to a noise in the residential area throughout the night time hours. Mr. Moone agreed if a noise study was needed they would be agreeable to doing that. Bryce Lowring with Casey’s General Stores stepped to the podium and stated that Casey’s just wanted the option to be open 24 hours, but the hours of operation will be determined by the activity of the store. There was a motion by Randy Conwell to vote as is with no conditions with a second by Dennis Sterrett. Vote unanimous

 

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

 

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

 

#1 Canopy

Variance Petition # 2916 Request #1 - 3 votes cast; 1 to grant; 2 to deny; Petition # 2916 is continued until April 16, 2015 meeting.

 

There was a motion by Randy Conwell that they vote on the Dumpster Orientation, with a second by Dennis Sterrett.

 

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

 

#2 Dumpster Orientations

Variance Petition # 2916 - 3 votes cast; 3 to grant; 0 to deny; Petition # 2916 Request #2 is approved.

 

 

Variance Petition # 2917 White County Board of Aviation Commissioners

 

Executive Director Rogers stepped to the podium and read a letter from Philip Gutwein on behalf of the White County Board of Aviation Commissioners, into the record which requested details of building permits issued in the area since 2002. Director Rogers explained that anything that abutted airport property was searched for building permits. Director Rogers explained that the office can’t correlate to the drawing that was submitted so the areas searched were properties that abutted the Airport property. Director Rogers then read the list of improvements identified into the record. Director Rogers then went through the Staff Report again editorializing any changes made since the report was generated. There was no photo documentation for this request. Dow Dellinger stepped to the podium to speak on behalf of the White County Board of Aviation Commissioners. Director Rogers clarified that both in the 1995 and 2008 Ordinances Airports require a Special Exception Use Permit by ordinance. Anytime a use is going to be expanded they have to come back and get that special exception permit renewed. Chairman Holmes questioned the distance to the residence north of the expansion property. Dow estimated that at about 500 ft. Chairman Holmes asked for anyone to speak that was in favor of the request. At that time, Art Anderson, County Council, spoke stating that he was in favor of the request but his concern is the road replacement of Luse Road. Mr. Anderson believes that there should be some sort of stipulation on this request about the road replacement because the county has already paid the 5% that was requested of them. Phil Gutwein, White County Board of Aviators, stepped to the podium to speak in reference to the road. He stated that the road would be up just north of the Winery. He further explained that the road is in the 2018 Capital Improvement Program, the ground south of there that Mr. Anderson is speaking of is the runway protection zone, so nothing can be built there. Carol Bick stepped to the podium and stated that she believes that the road replacing Luse Road should be replaced before working on Gordon Road. Mrs. Bick stated that Gordon Road isn’t wide enough for more traffic at this time. Darrell Smith and Leslie Franklin-Smith stepped to the podium to speak against the Special Exception. Mr. Smith complained about the planes that fly too low over his residence, specifically speaking of the Crop Duster who has dumped “stuff” in his pasture and nothing has grown for 2 years. Mr. Smith is concerned with the new noise with the increase in intensity. Mrs. Franklin-Smith is concerned with the possibility of airplane crashes and is wondering about the departures and landing directions of the planes. John Cade stepped to the podium, his concern is the height of which the planes are flying in and suggests that they use a different flight plan. He’s also concerned with the new placement of the road replacing Luse Road, due to the curves on 6th Street being dangerous. Dow Dellinger stepped to the podium in rebuttal. Mr. Dellinger explained with this airport it’s a lot of private planes and they’ll be flying in from the north or south depending on the wind direction and suggested that anyone with complaints come to a Board meeting. There was short discussion about the road replacement and where the money comes from for that. Mr. Anderson was requesting a stipulation that the Aviation Board is going to put the road in. Mr. Gutwein came back to the podium and explained how the grants for the Luse Road grant works, Mr. Gutwein further explained that the relocation of Luse Road is in the Capital Improvement Program dated 2018. Mrs. Leslie Franklin-Smith stepped to the podium again, spoke about the landing/departure of the planes and that someone should be making sure that they are regulated and make sure that the residents and factories in the area are protected. Mrs. Franklin-Smith also offered that this expansion would make a huge difference in their farming life this year. There was short discussion as to the funding and relocating of Luse Road. A commitment that the language that is in the assessment that says the Airport will move Luse Road is to be accomplished if they have the ability to get the funding with no time frame. Denny Sterrett made the motion that the road replacement be an attachment to this consideration, with a second from Randy Conwell. Director Rogers then explained the BZA can’t regulate what is regulated by the FAA; I would recommend that you seek counsel for that matter. Phil Gutwein stepped to the podium and spoke in reference to flight plans and offered his own experience in flying into the airport. In addition to discussion about flight plans, there was discussion about the crop dusters. Director Rogers suggested that the Board direct the APC Attorney to write a letter to the airport attorney requesting that the airport directing crop duster activity and let the attorney address that with the board. There was a motion by Dennis Sterrett with a second by Randy Conwell. Vote unanimous.

 

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

 

After tabulating the ballots, Chairman Holmes read the following results into the record: Variance Petition # 2917 - 3 votes cast; 3 to grant; 0 to deny; Petition # 2917 is approved with the following commitments. As a condition/commitment to the Special Exception Use request, the Board requires the White County Board of Aviation to replace, to the north, the segment of Luse Road impacted by the airport expansion plans as provided for in the White County Municipal Airport Environmental Assessment, Revised Draft, dated July 2006, Section 3.8 Social Impacts, pages 47 & 48. This condition/commitment is void should the White County Board of Aviation not be able to secure funding for the road replacement;

 

 

Variance Petition # 2918 Richard & Melinda Dockerty

 

Director Rogers stepped to the podium and read the Staff Report and provided photo documentation of the petition site. There were no communications with our department in regards to this request. Rick Dockerty stepped to the podium and spoke on behalf of his request, he explained that the deck is going to be on the lakeside of the property; it’s an existing deck and he just wants to make it the length of the property on the front. Lisa Mellinger, the neighbor to the east spoke in favor of the request stating that she has no problems with the improvement. There was a motion by Dennis Sterrett to vote, with a second from Randy Conwell.

 

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

 

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

 

 

Variance Petition # 2918 - 3 votes cast; 3 to grant; 0 to deny; Petition # 2918 is approved.

 

 

Variance Petition # 2919 Robert & Katie Ertl

 

Director Rogers stepped to the podium and read the Staff Report and provided photo documentation of the petition site. There were two phone calls related to this particular application. One request further information and that was emailed to the caller, it’s unsure if we received any communication back from that request. Director Rogers posed to the Board a question as to how the office should enforce that a cottage/cabin doesn’t become a single family residence later. Bob Ertl, Robert & Katie Ertl’s son, stepped to the podium to speak on behalf of the request. Dennis Sterrett asked what the site stakes were for. Bob Ertl explained that they want to move the garage off the bank, so it’s going to be moved up just a little bit so there doesn’t have to be as much concrete poured. He further explained that as far as this becoming a year round residence, that isn’t going to occur. This has been in the family since the 1950’s and it’s never been a year round residence. Director Rogers requested that a condition be attached that this will not be used as a year round residence, unless it’s increased to the minimum building size. No action was taken on this request. Angela Hughes stepped to the podium to speak against this request. Angela spoke on behalf of Patricia Morgin. Mrs. Hughes stated that Ms. Morgin is speaking against this petition. Mrs. Hughes stated that the subjects that visit the location shoot guns, the house that was there exploded, and there was a fire at the house that was there before. Randy Conwell asked Mrs. Hughes what ramifications there would be if this Variance was passed. Mrs. Hughes stated that neighbors also do not want this to be approved but didn’t receive the notice in a timely fashion. Mrs. Hughes was advised to contact the Sheriff’s Department when the shooting occurs. Robert Ertl Sr. stepped to the podium and provided history for the property of the request. Again, Angela Hughes stepped to the podium in rebuttal to Mr. Ertl’s discussion. There was short discussion as to there being hunting on the property, as well as there being short notice for the other subjects to come to the meeting. There was discussion as to whether or not to continue the hearing by Mrs. Hughes so more people may show up and there should be a vote on that. Dennis Sterrett questioned if there would be a reason that the letters would be late. Director Rogers explained that the letters are sent out 10 days in advance, we don’t have any control over how long it takes for the post office to process them. Director Rogers further explained that there isn’t a requirement as to when they must reach the property owner; just a requirement as to when they must be sent out and that was met. Mr. Sterrett asked if there were any calls, to which Director Rogers explained that the only calls that were received were the ones that were already discussed. There was short discussion as to the notification process. Dennis Sterrett made a motion to vote, with a second by Randy Conwell. Vote Unanimous.

 

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:

 

#1 Setback

Variance Petition # 2919 - 3 votes cast; 3 to grant; 0 to deny; Petition # 2919 is approved.

 

#2 Minimum Building Size

Variance Petition # 2919 - 3 votes cast; 3 to grant; 0 to deny; Petition # 2919 is approved.

 

Director Rogers addressed Decision Criteria Compliance and explained that it was taken to the APC and the results of that were given to the Board; however, he stated that he believed that this topic should be continued until there is a full board available for discussion. There was a short discussion about square footage requirements.

 

There being no further business, Randy Conwell made a motion the meeting be adjourned with a second from Dennis Sterrett. Vote Unanimous, Motion carried.

 

 

 

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.” _________________________________________________