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BZA MEETING

September 17, 2015

 

 

The White County Area Board of Zoning Appeals met Thursday September 17, 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: Karen Johnson, Bert Johnson, Tina Bernacci, Warner Mugford, Alice Mugford, William Toosley, Kerri Toosley, Kaleb Pass, Teresa Jakubowski, Louis J. Perz, Carole & Pete Shields, Christopher Busch, Michelle Seyforth, Doug Wagner, Robert Seyforth, Bob Jakubowski.

 

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 Dennis Sterrett to approve the meeting minutes and findings of fact of August 20, 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 # 2926- William & Kerri Toosley

Executive Director Rogers stepped to the podium and read the Staff Report and provided photo documentation of the petition site.  Director Rogers explained that there was an exhibit of the Right To Encroach by the Drainage Board that was issued on September 24, 2011; it becomes relevant because this appears to the staff to be the structure and site plan that was submitted at the time that it was approved and Section 5 of the Encroachment Agreement specifies that the encroachment is only granted for that development plan. It is the opinion of the Staff that the current variance be made conditional upon the applicant going back to the Drainage Board for either re-approval of this encroachment or a new encroachment.  Director Rogers entered into the record a revision to the Staff Report, advising the Board that the Report reflected the wrong setback request; the request was for a 20’ setback, not 19’.    Executive Director Rogers explained that the request is for a 20’ front setback (Harrison St.) vs. 30’ required for the placement of a 30’ X 76’ Modular Home.  Mr. William Toosley stepped to the podium and spoke in favor of his request.  There was short discussion as to the possibility of flooding due to a drain being on the property.   Mr. Toosley explained that when they bought the property they brought in a bunch of fill dirt and right now only the farmer’s property is flooding and that right now the only thing that floods is their septic, which they intend to replace with a new septic as part of the proposed improvement.  The new septic is planned for the south end of the property so the flooding of the septic would no longer be an issue.  Mr. Toosley also said that he’s been in contact with the Surveyor in reference to this property, due to the drain.

There was a motion by Carl Hites that the condition suggested by the Staff be attached to this variance request.  Mr. Hites motioned that the approval of the variance be subject to the applicant receiving a new Right to Encroach from the Drainage Board.  There was a second to the motion 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 # 2926 - 4 votes cast; 4 to grant; 0 to deny; Petition # 2926 is approved subject to an appropriate approval from the Drainage Board.

 

Applicants were advised to contact Brad Ward White County Surveyor to get scheduled for a Drainage Board Meeting.

 

Variance Petition # 2927- Bert & Karen Johnson

Executive Director Rogers stepped to the podium and read the Staff Report and provided photo documentation of the petition site.  Executive Director Rogers entered into a record a petition signed by 6 neighbors and also entered and read into the record a letter from the Buffalo Christian Church in favor of the Johnson’s request.  Director Rogers explained the vision clearance area provided for in the Zoning Ordinance was reviewed in relation to the location of the proposed development and that the porch lies outside that clearance area.  Director Rogers entered a revision into the record in reference to the setback request.  The survey showed a setback of 18’ and the Staff Report reflected a setback of 19’, which was the distance shown on the applicant’s site plan.  The request to be considered by the Board is the 18’ setback as provided on the Survey.

 

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 # 2927 - 4 votes cast; 4 to grant; 0 to deny; Petition # 2927 is APPROVED.

 

Applicants were advised to come in and obtain their building permit.

 

Variance Petition # 2928- Robert & Teresa Jakubowski

Executive Director Rogers stepped to the podium and read the Staff Report and provided photo documentation of the petition site.  Director Rogers explained to the Board that this request occurred after a building permit had been applied for and issued and resulted when a neighbor took exception to the location of the improvements.  Director Rogers stated that, in his opinion, this variance did not result from a flaw in how the Jakubowski’s fulfilled their responsibilities in obtaining their Improvement Location Permit, if anything; it reflects a flaw in the process itself.  Teresa Jakubowski stepped to the podium to speak in favor of her request and answered questions from the Board.  Ms. Jakubowski pointed out the they had followed permitting processes as required and that they were wanting to be able to follow the current construction line of their existing house and further indicated that part of the necessity of the improvements was due to disabilities of both  her and her husband. She presented to the Board that they had followed all of the procedures correctly. Michelle Seyforth stepped to the podium and spoke in opposition of the Jakubowski’s request.  Ms. Seyforth  provided a time line of activities related to her and her husband’s knowledge and communications with the construction process and issues they had with the contractor concerning employee encroachments onto their property and the damage those employees did to their trees.  Robert Seyforth stepped to the podium and spoke in opposition to the Jakubowski’s request. Mr. Seyforth shared his background in the area of building permits and inspection processes and also indicated his efforts to communicate with the contractor and the Area Plan Staff related to the matter of property line location and setback encroachments.  Both parties answered questions presented by the Board members.  Kaleb Pass, the Jakubowski’s contractor, stepped to the podium and gave his account of what had occurred.  Mr. Pass shared why he, as the contractor, progressed the way that they did.  Mr. Pass then answered questions presented by the Board.  Steve Anderson then stepped to the podium and spoke on behalf of the request. Mr. Anderson informed the Board that the Jakubowski’s had stayed further away from the lake side than necessary so there would be no visual impairment to the neighbor’s view of the lake created by their improvements and that this reflected their sensitivity to the neighbors when developing their remodeling and addition plans.

 

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 # 2928 - 4 votes cast; 2 to grant; 2 to deny; Petition # 2928 is CONTINUED until October 15, 2015 meeting.

 

Variance Petition # 2929- Werner Mugford, Applicant; Nicholes & Kathleen Brunetti, Owners.

Executive Director Rogers stepped to the podium and read the Staff Report and provided photo documentation of the petition site. Werner Mugford stepped to the podium and spoke on behalf of his request and stated that he desired to preserve a mature tree which is what prevents them from complying with setback requirements; in his opinion, that preservation would require he be allowed to move the new structure more toward his east property line.  Mr. Mugford then answered questions from the Board concerning placement options and the health of the tree in question.

 

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 # 2929 - 4 votes cast; 1 to grant; 3 to deny; Petition # 2929 is DENIED.

 

 

 

Other Business:

 

Director Rogers again discussed Decision Criteria Compliance.  He said that he took the BZA concerns to the APC on Monday.  As a result, he is intending on proposing an amendment which would remove from the mandated criteria, the self-imposed or economic gain references and move them to the optional section of the ballot criteria.  Director Rogers provided a copy of an amendment proposal he discussed with the APC and asked the Board if this language was what they were wanting.  Carl Hites requested some additional time to look over the document.  Director Rogers asked that the Board members express any opinions they have on this language, either via an email or call by days end September 22, 2015; if nothing is received then he will go to the APC, at the October 15, 2015 meeting, with the language as shown in their handout.

 

There being no further business, Carl Hites 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.”   _________________________________________________