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August 20, 2015



The White County Area Board of Zoning Appeals met Thursday August 20,, 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, Dave Rosenbarger


Absent: Abigail Diener


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


Visitors attending were: Rodney Haskins, Frank Willson, Donte Deno, and David Zarse.


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







Minutes: There was a motion by Carl Hites and a second by Randy Conwell to approve the meeting minutes and findings of fact of June 18, 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 # 2925 - Frank Willson, Owner/ Applicant

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 for a 3.5’ side (North) setback vs. 6’ required for the construction of a detached garage. There was short discussion as to if the subject property line actually lies in the ravine. Mr. Willson explained that there is more concrete than what is being shown. Mr. Willson did offer that if he needed to he could move the garage to west but not to the north, but not enough to gain the 2’. He then explained that his electric meter and dryer vent is what stops him from moving further North. Carl Hites questioned why the garage couldn’t be moved to the South side of the house. Mr. Willson clarified that there wasn’t a doorway or a sidewalk on that side of the residence and he already has the spot on the other side. The Board questioned whether or not the location of the garage could be moved more to the west in order to gain the 2’ to the north since the property line was positioned at an angel widening the further west you went. Donte Deno, Deno Construction, the contractor for Mr. Willson’s garage explained that if the garage was moved back anymore then there would be more of the foundation wall that would be exposed. Deno explained that with the hillside slope at that end, the foundation wall won’t have as much strength from the supporting ground. There was short discussion as to how much distance there would be between the house and the garage sophet, as well as where the approach to the garage would be.

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 # 2925 - 5 votes cast; 4 to grant; 1 to deny; Petition # 2925 is approved.


Other Business:


Director Rogers discussed Decision Criteria Compliance and offered two suggestions. First, he suggested that the Board enforce the ballot as it is written. Or, second, he suggested asking the APC to move the “self-imposed” portion of Decision Criteria #3 to the optional ballot section of the ballot; it just wouldn’t be a mandatory requirement. After a short discussion, it was decided that the Board would have Director Rogers go back to the APC and request the “self-imposed” portion of the ballot be moved to the optional ballot section area of the ballot. Director Rogers reiterated that it should be rarely that people come to the board with under “self-imposed” circumstances and that a variance be granted. It should be an exception and not a common rule and in this case it’s usually the common rule that it’s approved and not the exception. There was a motion by Dave Rosenbarger, with a second from Dennis Sterrett for Director Rogers to go back to the APC and have the “self-imposed” portion of the ballot moved to the optional ballot section area of the ballot. Vote unanimous.


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.” _________________________________________________