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BZA MEETING

October 15, 2015

 

 

The White County Area Board of Zoning Appeals met Thursday October 15, 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

 

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

 

Visitors attending were: see attached Visitor Registration sheets.

 

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 September 17, 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 # 2928- Robert & Teresa Jakubowski

Executive Director Rogers stepped to the podium and explained to the Board that this request was for a 5.2’ side setback along the North property line. There were no calls on this matter, but one email was received from the neighbor Michelle Seyforth. This email requested that a document that provides the timeline of activity be read into the record. These documents were provided to board members in their board packets (see file for content). The Board agreed that the document in question did not need to be read into the record. Director Rogers then read the Staff Report and provided photo documentation of the petition site. Director Rogers provided short commentary on the practical difficulty standard. Mr. Ryan Munden with Reiling Teder & Schrier, attorney for Mr. & Mrs. Jakubowski stepped to the podium and presented a review of the decision criteria utilized by the Board when considering a variance. Mr. Munden’s testimony reflected that the applicant’s position satisfied the Zoning Ordinance decision criteria that the Board must use to determine granting of a variance. Ms. Carol Shields then stepped to the podium and spoke in favor of the Jakubowski’s request. Mr. & Mrs. Robert Seyforth stepped to the podium and spoke in opposition to the Jakubowski’s request and submitted photos of the site and conditions related to the construction activities pertaining to the variance request. Director Rogers clarified with the Seyforth’s that there wasn’t any dispute over the Variance survey. Mr. Seyforth explained that the police were called at one point and some issues had been taken care of since then. There was short discussion as to whether or not the Building Permit was properly posted. Director Rogers clarified that there aren’t notification requirements for building permits so there would be no reason for the Staff to notify neighbors. Director Rogers then addressed the Seyforth’s testimony that the 10’ dimension showing the building setback to the north property line had been hand written in and not typed in as would be required of a legitimate survey. Director Rogers explained that the Location Survey that was submitted for the site plan does have a typed 10’ dimension that was part of the survey. There are two areas where 10’ was handwritten in to match the 10’ that was typed in. Director Rogers questioned what led Mr. Seyforth to conclude that the 10’ was not typed in when it was. Mr. Seyforth explained that he saw a survey that had 10’6” and he knew that surveys only used feet; but doesn’t recall where he saw that survey. Mr. Munden stepped back to the podium and explained that the majority of the addition was to the west of the Seyforth’s home, the east boundary has not changed.

Both parties answered questions presented by the Board members.

 

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 - 5 votes cast; 3 to grant; 2 to deny; Petition # 2928 is approved.

 

Variance Petition # 2930- Syngenta Seeds Owner; Tissue Source, Applicant

Executive Director Rogers stepped to the podium and read and entered into the record the Staff report, all documents presented to Board members in their packets, all letters received by the office since issuance of the Board packets, a copy of the Staff call log and a copy of Zoning Ordinance pages 12 section 12.5 special exception use out of White County Zoning Ordinance chap 3, section 3.16, subsection 3.16.2 category 2 which pertains to Slaughterhouses. Director Rogers explained in certain cases special exceptions are permitted but all I-1 sites may not be appropriate. Director Rogers explained that there were 31 calls opposing this request, the most common objections were location of the site relative to the Town of Brookston, traffic increase and safety concerns, odor, negative impact on property values, concerns on wear and tear of town roads, exterior enjoyment of backyards, environmental unknowns and concerns, and lack of communication with the Town of Brookston. Director Rogers summarized for the Board the content and opinions expressed at the Brookston Town Council meeting of October 14, 2015 that related to this request. The Town Board did motion and vote to object this request based on the information that they had on hand. There were letters and documents received after the packets were sent out from Joe Butz (as a citizen), Cathy Rowe (Superintendent of Frontier), and the Brookston Town Board. Board member Randy Conwell also added that he had received two citizen calls opposing this request as well. Director Rogers then provided photo documentation of the site. Next, the requirements for a Slaughterhouse from Chapter 3, Section 3.16 and subsection 3.16.2 were discussed. Director Rogers explained that 4 of the requirements are met; but 3 do not meet those requirements but could possibly be satisfied with additional buffering requirements and/or other commitments attached to the request by the board. Dennis Sterrett requested clarification on what requirements are not met. Two of those requirements have to do with buffering and the third is the setback distance to a residential area. Sherry Ziobro, Owner of Tissue Source stepped to the podium and spoke on behalf of her request. Ms. Ziobro explained the differences between traditional/industrial slaughterhouses and what Tissue Source’s processes were. After short discussion over exhaust of the building and waste containment the floor was opened to the public. Two people spoke in favor of the request, Chuck Ward of Monon Meat Packing who stated that he was involved with Ms. Ziobro due to the purpose of her business and Mr. Jared Rosebarger. Mr. Ward explained the waste and everything which is drained, the entrails, hide or whatever is left over is/will be picked up daily and there will be no smell. Mr. Rosebarger shared his experience with a commercial slaughter house within a central city area without negative impact to the surrounding area. Next, Rob McConnell spoke in opposition of the request and submitted a petition signed with 213 signatures. Other citizens choosing to speak in opposition of the request were: Ms. Linda Engen, Mr. Gary Barbor, Mr. Brad Young, Mr. Don Cross, Mr. Howard Clark, Mr. Steve Lebegue, Mr. David Alm, Ms. Candy Shaley, Ms. Chris Lang, Ms. Julie Hughes, Ms. Judy Kinder, Ms. Hila Clark, Ms. Dawn Girard, and Ms. Jamie Darling. Ms. Ziobro again stepped to the podium to try and answer some questions that had been presented. Director Rogers summarized what occurred at the Town Board meeting that he attended earlier in the week. There was short discussion on what would happen if this business wasn’t successful. Director Rogers explained that different restrictions could be placed with the permit.

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 # 2930 - 5 votes cast; 1 to grant; 4 to deny; Petition # 2930 is DENIED.

 

Mr. Rosenbarger brought up the meeting calendar prepared for 2016. Mr. Rosenbarger motioned to accept the schedule as prepared, motion was seconded (however, inaudible as to who), by voice vote, unanimously approved.

 

There being no further business, David Rosenbarger 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.” _________________________________________________