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APC MEETING January 12, 2015

 

The White County Area Plan Commission met Monday January 12, 2015, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

 

Roll Call:

Present: Charles Anderson, James Annis, Mark Bentlage, Cathy Gross, Mike Smolek, Dave Rosenbarger, Dennis Sterrett, Don Ward, Brad Ward, Richard Lynn, Dave Stimmell, Joseph Rogers (Not voting), Abigail Diener (Not voting), Tina Cronkhite (Not voting).

 

Visitors attending were: Nicole Dotson & Doug Wagner

 

The meeting was called to order by Charles Anderson.

 

 

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Opening Business:

 

Minutes: There was a motion by Dave Stimmel and a second by Jim Mann to approve the meeting minutes of 11/10/2014 as written; so moved.

 

Election of Officers:

APC President: Charles Anderson-motion by Dave Stimmel; second from Jim Annis.

APC Vice President: Mike Smolek-motion by Charles Anderson; second from Denny Sterrett.

APC Secretary: Don Ward-motion by Mike Smolek; second by Mark Bentlage.

APC Executive Director: Joseph Rogers-motion by Charles Anderson; second by Brad Ward.

APC Attorney: Abigail Diener-motion by Charles Anderson; second by Mike Smolek.

APC Tech Review Committee Member: Cathy Gross-motion by Mike Smolek; second by Mark Bentlage.

 

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Rezones:

 

#1026 – Clint Judd: I-1 (Light Industrial District) to R-2 (Single and Two-Family Residential District).

 

Executive Director, Joe Rogers, notified the board no calls or correspondences were logged in the Area Plan Office relating to this rezone request. This request is from the Monticello City Council in order to bring the property into compliance with the Comprehensive Development Plan of White County and establish the zoning of best use. The current use of the land is a vacant lot. This request follows Rezone #1023 to rezone the adjoining parcel to the south from I-1 to R-2, which was approved and passed on October 20, 2014.

 

There being no additional questions or comments, ballots were passed to board members by Abigail Diener.

 

Ballot Summary:

 

  1. The proposed rezoning is consistent with the goals, objective, and policies of the White County Strategic Plan and any other applicable planning studies and reports, as adopted and amended from time to time. 11 agree; 0 no opinion; 0 disagree

  2. The proposed rezoning is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property. 11 agree; 0 no opinion; 0 disagree

  3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 9 agree; 2 no opinion; 0 disagree

  4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 8 agree; 2 no opinion; 1 disagree

  5. The proposed rezoning reflects responsible standards for growth and development. 10 agree; 1 no opinion; 0 disagree

 

 

President, Charles Anderson announced the results, as follows: 11 votes cast; 11 in favor - 0 opposed – 0 Abstentions. Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation.

 

 

#1027 – Kenneth & Nicole Dotson: B-2 (General Business District) to R-2 (Single and Two-Family Residential District). Nicole Dotson was in person to request this rezone. The current structure is a restaurant that is no longer in business. The applicant and family has been living in the building and request the rezone to continue to utilize the structure as a temporary dwelling. The property is currently for sale as a business and will need to be rezoned back to B-2 (General Business District) should a buyer desire to conduct business activities at the site. Internal modifications have been made, such as adding a shower, in order to be able to use the building as a residence.

 

Executive Director, Joe Rogers, notified the board no calls were logged in the Area Plan Office relating to this rezone request.

 

There being no additional questions or comments, ballots were passed to board members by Abigail Diener.

 

Ballot Summary:

 

  1. The proposed rezoning is consistent with the goals, objective, and policies of the White County Strategic Plan and any other applicable planning studies and reports, as adopted and amended from time to time. 6 agree; 5 no opinion; 0 disagree

  2. The proposed rezoning is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property. 9 agree; 2 no opinion; 0 disagree

  3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 5 agree; 6 no opinion; 0 disagree

  4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 7 agree; 4 no opinion; 0 disagree

  5. The proposed rezoning reflects responsible standards for growth and development. 5 agree; 6 no opinion; 0 disagree

 

 

President, Charles Anderson announced the results, as follows: 11 votes cast; 11 in favor - 0 opposed – 0 Abstentions. Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation.

 

Amendments

 

#A39 – CH 8 – Parking Standards pertaining to the off-street parking requirements for Home Occupation-Childcare Home & Childcare House. Joe Rogers presented an amendment that would exempt Home Occupations-Childcare Home & Childcare house from the minimum off-street parking requirements and ADA compliance. A facility having 2 employees or less will be exempt upon completion of a certification of the number of employees and having provided it to the Building and Planning office no later than January 31st of each calendar year. The Building and Planning office will generate the certification procedures and forms necessary to monitor site activity. Cathy Gross, Monticello ADA Coordinator, reiterated the importance of not hampering entrepreneurial efforts within the city. Charlie Anderson made a motion to approve by show of hands; 10 in favor with Mike Smolek opposed. Amendment passed.

 

 

Other Business:

 

  1. 2014 Annual Report – The White County Building & Planning 2014 Annual Report was distributed to all members. Abigail Diener briefed the Board on the single outstanding Schaefer litigation matter. There is a prospective February court date for a final decision. A public copy of the annual report is maintained in the Building and Planning office.

 

  1. Variance Approval Criteria – Joe asked for a subcommittee to distinguish and clarify “Practical Difficulty” in terms of variance requests out of necessity or those that are self-imposed. A subcommittee made up of Denny Sterrett, Don Ward, Mike Smolek, Dave Stimmel, & Joe Rogers will meet to research and review this topic.

 

  1. Additional Area Plan Staff- Joe Rogers requested approval to hire an additional full-time staff member for the Building & Planning Dept. The additional workload for the department, as well as upcoming projects requires added resources to maintain department efficiency. The initial primary duties of this position will include zoning ordinance research and amendment preparation, GIS site updates and error corrections, Comprehensive Plan research and preparation, updating records, and various other departmental functions. Mike Smolek made a motion to approve this request, with a second from Dave Rosenbarger. With all in favor, the motion is passed.

 

  1. ILP/Blg. Code Compatibility- Joe Rogers expressed the preference to modify the zoning ordinance to be compatible with the proposed changes in building code requirements. Currently there are building permit exemptions regarding total square feet of an improvement that are not in line with the Improvement Location Permit requirements of the zoning ordinance. Joe recommends organizing a subcommittee to discuss modifications. Subcommittee members will include Brad Ward, Mark Bentlage, Dave Rosenbarger, Dave Stimmell, Doug Wagner, and Joe Rogers.

 

  1. Comprehensive Development Plan- The Building & Planning Dept. received approximately 7-8 inquiries regarding plan proposals. A total of 4 companies submitted proposals by the December 31, 2014 deadline. Board members were given copies of these 4 formal proposals for review. Joe recommended the Board select which firms they would be interested in inviting to come in for a personal meeting and when. The Board will review the proposals over the next 2 weeks and notify Joe Rogers with recommendations.

 

 

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There being no further business, Brad Ward made a motion to adjourn the meeting at 7:06 pm., with a second from Mark Bentlage.

 

 

 

Respectfully submitted,

 

 

Donald W. Ward, Secretary

White County Area Plan Commission

 

 

Joseph W. Rogers, Executive Director

White County Area Plan Commission

 

 

Document Prepared By: White County Area Plan Assistant, Tina Cronkhite “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 PLAN COMMISSION

Joseph Rogers P.O. Box 851 Phone: 574/583-7355

Executive Director Monticello, IN 47960 Fax: 574/583-1593

 

Clarification Points:

 

Practical Difficulty – A difficulty with regard to one’s ability to improve land stemming from regulations of the White County Indiana Zoning Control Ordinance, a situation where the owner may or may not be able to comply with the developmental standards of the Ordinance, but would like a variance from the required standards to improve his/her site in a manner which would be more practical than otherwise.

 

By Comparison:

Hardship – A circumstance where one has no possibility of developing their property in accordance with the regulations of the White County Indiana Zoning Control Ordinance for an improvement common in the surrounding area or applicable to the use of the site.

 

The strict application of the terms of the zoning ordinance will / will not* result in practical difficulties in the use of the property, provided that the situation is not self-imposed or that the need for the development standard variance is not based on a perceived reduction of, or restriction on, economic gain.

 

 

Self-imposed:

  1. The purchase of land with actual or constructive knowledge that, for reasons other than physical characteristics of the property, the developmental standards of the ordinance will inhibit the desired improvement;

  2. Any improvement initiated in violation of the standards of this ordinance or done in contradiction to an approved site plan; and,

  3. Any result of land division requiring variance from developmental standards of this ordinance in order to render that site buildable.

 

  • Examples of physical characteristics of the property would be a high bank property along the lake, a cliff or ravine running through the property, unusual topography, etc.

 

  • Constructive knowledge examples would be a recorded easement which runs through the property or recorded restrictive covenants applicable to the land; in these cases, the landowner should have knowledge of these characteristics because they are part of the public record.

 

 

Perceived reduction of, or restriction on, economic gain:

  1. A variance requested solely for the purpose of pursuing development in a manner which is the most economical method, it would costs less than to build in compliance, with no other relevant obstacles.

  2. A variance requested solely for the purpose of economic gain (such as a request to vary the minimum area of a lot so a property owner can sell the property as a “buildable lot”).

 

WHITE COUNTY AREA PLAN COMMISSION

 

PUBLIC NOTICE OF REGULAR SESSION

 

January 12, 2015 - 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 Plan Commission will meet in Regular Session pursuant to Indiana’s Open Meetings Law, I.C. 5-3-1-2 (b):

BUSINESS – ELECTION OF OFFICERS

  • APPOINTMENT OF EXECUTIVE DIRECTOR

  • APPOINTMENT OF ATTORNEY

  • APPOINT TECH REVIEW COMMITTEE MEMBER

 

READING OF THE MINUTES – November 10, 2014

 

 

REZONINGS –

 

#1026 – Clint Judd: I-1 (Light Industrial District) to R-2 (Single and Two-Family Residential District); Easy St., Monticello.

 

#1027 – Kenneth & Nicole Dotson: B-2 (General Business District) to R-2 (Single and Two-Family Residential District); 6379 E State Road 16, Monticello.

 

 

AMENDMENTS –

 

A39 – CH 8 – Parking Standards pertaining to the off-street parking requirements for Home Occupation-Childcare Home & Childcare House.


BUSINESS –

 

1). Annual Report

 

2). Variance approval criteria – Practical Difficulty; The strict application of the terms of the White County Zoning Ordinance would result in practical difficulties in the use of the property, “provided that the situation is not self-imposed or that the need for the development standard variance is not based on a perceived reduction of, or restriction on, economic gain”.