Get Adobe Flash player






The White County Area Board of Zoning Appeals met Thursday April 16, 2015, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.


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


Absent: Dennis Sterrett


Also attending were Executive Director Joe Rogers, Attorney Abigail Diener and Board Secretary Jennifer Hill.


Visitors attending were: Carl A. Lucas Jr.


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







Minutes: There was a motion by Randy Conwell and a second by David Rosenbarger to approve the meeting minutes and findings of fact of March 19, 2015 as written. The minutes and findings of fact were unanimously approved. Executive Director Rogers added that since the minutes were accepted it needs to be added into the record that part of the Airport Special Exception Use consideration was for this Board’s Attorney to write a letter to the Airport Attorney requesting that they meet with the surrounding area neighbors to resolve any issues or complaints that the neighbors might have. That was part of the condition that was agreed to. The motion was made by David Rosenbarger, with a second by Randy Conwell. Vote unanimous.


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.

Director Rogers explained that there were two requests with this variance. The first request was for orientation of the refuse container, which was passed by the board. There was a split vote on the second request; setback for the location of the diesel pumps and canopy, since there was no quorum, it was continued to the next meeting. They’ve withdrawn this request, revised their site plan and intend to submit for the next meeting requests for two driveway width variances. This file (Variance #2916) is closed as far as the office is concerned.

Variance Petition # 2920 Carl A Sr. & Jacqueline E. Lucas


Executive Director Rogers stepped to the podium and read the Staff Report and provided photo documentation of the petition site. There were no public communications for or against this request received by the office on this variance request. There are two requests included with this petition, an 18’ front (water side) setback and a 10’ rear (road side) setback. Chairman Holmes questioned if the concrete went all the way up to the garage and asked if that would be considered attached. Director Rogers stated that they’re both considered accessory structures so accessory structure setbacks would apply.


Carl A Lucas Sr. stepped to the podium and spoke in favor of his request. He stated that the use of the carport would actually be to store wood underneath to keep the elements off the wood.


When there were no further questions from the audience, the applicant, or the Board, Attorney Abigail Diener issued ballots for voting.


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


Variance Petition # 2920 - 4 votes cast; 4 to grant; 0 to deny; Petition # 2920 is approved.


Mr. Lucas was advised to visit the office to obtain his building permit.



Other Business:


Director Rogers suggested again that the topic of Decision Criteria Compliance be continued until there is a full board to discuss this matter. There was a motion from Carl Hites with a second from Randy Conwell to table this matter.


Abigail Diener updated the Board on the Schaefer Litigation. The decision has come back and the judge decided in favor of the Area Plan Commission and granted the Schaefer’s were in violation of the ordinance. The Schaefer’s have filed their notice of appeal. Attorney Diener did mention that she’s had a discussion with the Schaefer’s attorney and they want to get this resolved and we’re going to try working with them trying to settle this before there is an appeal. Their fines were stayed when they filed the lawsuit. A letter is being drafted as to what fines and Attorney’s costs have accrued so far and what portion of that costs the Shaefer’s will be asked to pay.


There being no further business, Dave Rosenbarger made a motion the meeting be adjourned with a second from Randy Conwell. Motion carried, meeting adjourned.



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.” _________________________________________________