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BZA MEETING

May 21, 2015

 

 

The White County Area Board of Zoning Appeals met Thursday May 21, 2015, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

 

Present: Randy Conwell, Carl Hites, Richard Holmes, Dennis Sterrett

 

Absent: Dave Rosenbarger

 

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

 

Visitors attending were: Dave Stimmel, Bradd Riggs, Terry Saunders, James Carr, Pam Carr, Terry Pletch, Pat Moone, Nathan Nohren, Bryce Loring, Brad Gutwein, Richard Horton, Phil Gutwein.

 

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

 

 

****

 

Business

 

Minutes: There was a motion by Randy Conwell and a second by Carl Hites to approve the meeting minutes and findings of fact of April 16, 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 # 2921– Casey’s Marketing Co., Applicant; Gutwein Development LLC, Owners

Executive Director Rogers stepped to the podium and read the Staff Report and provided photo documentation of the petition site. Director Rogers explained that the request is to utilize 39’ driveway widths on Market Street (U.S. Highway 421) and Broadway Street (State Road 16) vs the 30’ maximum allowed. Pat Moone with Farnsworth Group stepped to the podium and spoke on behalf of the petition request and answered questions of the board and staff. Nathan Nohren, Farnsworth Group Engineer, spoke about the traffic analysis that was performed and provided information about the peak traffic times for the area. Carl Hites questioned whether or not there had been any Community Communications with this request. Pat Moone explained that Casey’s had sent out a letter to the adjoining property owners and that there had been no communications with them in regards to the letter that they had sent. He then provided a copy of the letter sent out by Nancy Tjarks, which Director Rogers then read into the record. Dave Stimmel spoke on behalf of the Monon Town Board stating that they had 4 board members present and that they support this request of a 39’ driveway width. There was short discussion about buffering the area due to the noise. Director Rogers explained that there is nothing enforceable by his office unless there are conditions reflecting that. There was a motion by Carl Hites to add the stipulation of a 40’ driveway and striped for as wide a truck lane as the width would allow i.e., (lanes 12’ wide for automobiles and 28’ for semi-trucks) with a second by Dennis Sterrett. Vote unanimous.

 

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 # 2921 - 4 votes cast; 4 to grant; 0 to deny; Petition # 2921 is approved with the stipulation of a 40’ driveway and striped for as wide a truck lane as the width would allow i.e., lanes 12’ wide for automobiles and 28’ for semi-trucks).





Variance Petition # 2922 James & Pamela Carr

 

Executive Director Rogers stepped to the podium and read the Staff Report and provided photo documentation of the petition site. Mr. James Carr owner of the property stepped to the podium and explained that he thought that the distance was measured from the water and that when they measured the distance it was accurate. Mr. Carr also submitted letters from neighbors to the board. Executive Director Rogers read into the record a letter from Roger & Lisa Mahoney of 5205 Crabapple Loop, Ronald & Denise Babcock of 5213 Crabapple Loop and Darlene Moratti of 5239 N Crabapple Loop. All of which expressed support of the petition. Mr. Terry Pletch, Pletch Pools, spoke on behalf of the petition and explained the reason for the difference of the approved site plan and the actual installation. Mr. Pletch also submitted two photos into the record showing the markers from which measurements were generated. There was a motion made by Dennis Sterrett that there is no fence built in the front yard, with a second from Carl Hites. Vote unanimous.

 

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 # 2922 - 4 votes cast; 4 to grant; 0 to deny; Petition # 2922 is approved with the stipulation that no fence be placed in the front yard.



Variance Petition # 2923 Horton Farms, Owner; Crown Castle, Applicant

 

Executive Director Rogers stepped to the podium and read the Staff Report and provided photo documentation of the petition site. Director Rogers thought the Board should be aware of upcoming legislative changes. He explained to the Board that new State Statutes had been signed into law which will prevent the ability for local authorities to demand setbacks beyond those of a tower’s fall zone. This legislation takes effect January 1, 2016. Brad Riggs with Crown Castle stepped to the podium and spoke on behalf of the petition. Mr. Buzz Horton, owner, also spoke on behalf of the petition. He stated that granting this variance would do two things; first, he wouldn’t have to bill Crown Castle and second he wouldn’t have to carry liability insurance. Carl Hites made a motion to table this petition until further information could be received about the fall/ collapse zone of the tower, with a second from Dennis Sterrett.

 

Variance Petition # 2922 was tabled until the June 18, 2015 meeting until more information could be obtained about the fall/collapse zone of the tower.

 

 

 

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 being no further business, Carl Hites made a motion the meeting be adjourned with a second from Dennis Sterrett. 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.” _________________________________________________