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March 17, 2016



The White County Area Board of Zoning Appeals met Thursday March 17, 2016, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.


Present: Randy Conwell, Richard Holmes, Dennis Sterrett, Dave Rosenbarger


Absent: Carl Hites


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


Visitors attending were: John & Shari Rees, Don & Kathy Miller, Brooke Johnson, Tim McQuinn, Susan Harrison, Brian Ward, Nicole Segner


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







Minutes: There was a motion by Dennis Sterrett and a second by Richard Holmes to approve the meeting minutes and findings of fact of January 21, 2016 as written. The minutes and findings of fact were unanimously approved.



Note: At the introduction of each case hearing, Director Rogers introduced the Staff Report and affiliated documents into the official record of the meeting, to be used as supporting documents for developing the Findings of Fact for each hearing.







Variances & Special Exceptions

Variance Petition # 2933- John & Shari Rees, Applicant- Brooke Johnson

Director Rogers explained that there was one Community Communication in regards to this petition which opposed this variance and the facility in its entirety. There was also a letter from Charlotte Melton that was read into the record opposing the variance as well. Director Rogers explained the request is whether or not the applicant can have two principal buildings on a lot and that this request was a result of an enforcement action. The enforcement action was appealed and this Board affirmed the interpretation of the ordinance by the Executive Director; so now, the applicant is requesting a variance to allow the two principal structures on one lot. Each facility is currently used to operate a child care homes. Director Rogers explained that the staff believes the variance request does not stand up to the mandatory or additional decision criteria required by the Board and should be denied. Director Rogers then provided photo documentation of the petition site. Brooke Johnson then stepped to the podium and provided testimony in favor of her request. Ms. Johnson submitted into the record two picture books that gave further photo documentation of her site. Ms. Johnson then explained that she has put a down payment on new siding and windows however, those improvements have been put on hold because of needing to know the status of her current facilities. Ms. Johnson then provided a timeline in regards to the current issues of the parcels. She then explained that she currently has 15 kids collectively spread out among the four daycares and continued with there is no intentions to increase intensity at any of the locations.

John Rees, property owner of the estate, stepped to the podium and spoke in favor of the request. Mr. Rees spoke briefly about the parking, noise of the daycare children and the values of real estate in the area.

Don Miller then stepped the podium, opposing the variance. Mr. Miller explained that it’s a business and as a business owner there is going to be an interest in increasing business. He further explained that there are other areas in town where a daycare center could appropriately fit.

Kathleen Miller stepped to the podium and spoke in opposition to the request. Ms. Miller explained that there were several issues, including privacy, increased traffic, trash and no notifications of a daycare being put in the area, which need to be resolved.

Ed Brothers stepped to the podium and requested clarification on the number of kids that can be at each site and if there were any sort of square footage requirements. Ms. Johnson stepped to the podium to clarify. She explained that a Class I home day care can have 12 children during the day and an additional 3 children before and after school. A Class 2 home can have 16 children all day long. Ms. Johnson explained that 504 Shafer Dr. is classified as a Class I and it can hold 12 children, 15 before and after school. The garage is classified as a Class I and it currently can have 12 children, 3 extra before and after school. The 508 Twin Lakes Ave. location is a Class II and 523 Twin Lakes Ave. is a Class II. Mr. Brothers asked how many children were in each location. Ms. Johnson provided those numbers as follows:

Playhouse – 8 full time

Clubhouse – 9 full time

Treehouse – 13 full time

Bee House – 10 full time

Before/After school kids – 15 which divide among all four locations


Dave Rosenbarger reiterated that the question before the board is a variance request to allow a second principle structure, that’s currently being used as a second child care home. Mr. Rosenbarger asked for clarification on “principle structure”. Director Rogers explained that a principle structure is where the use of the structure is the main activity of the site, in very general terms. There was brief discussion as to what makes a principle structure and the differences between principle structures and dwelling units. Director Rogers explained that for local Zoning Codes, what she has are not dwelling units, they are residential structures.


Nikki Benson stepped to the podium and spoke against the request; she too sited traffic and noise increase, improper lighting for child drop off, and decreased property values.


Leonard Lavin stepped to the podium and spoke against the request; also siting increased traffic and noise, parking, and increased trash in the area. Mr. Lavin also asked what would keep her from adding more kids.


Tim McQuinn, Monticello City Council Member Ward 3, stepped to the podium adding that he had received 3 additional calls from homeowners in reference to this request which all opposed the request.


Nicole Segner stepped to the podium in favor of the request. Ms. Segner thinks that this is a needed resource for parents in the area.


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, Vice Chairman Rosenbarger read the following results into the record:

Variance Petition # 2933 - 4 votes cast; 0 to grant; 4 to deny; Petition # 2933 is DENIED.


Variance Petition # 2934- John Rees, Applicant- Brooke Johnson-WITHDRAWN BY APPLICANT

This petition was withdrawn after Variance # 2933 was denied.


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