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BZA MEETING
January 18, 2018

The White County Area Board of Zoning Appeals met Thursday, January 18, 2018, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Present: Randy Conwell, Chris McWhirter, Stan Minnick, Dennis Sterrett

Also attending were Executive Director Colin Betts, Board Secretary Annette Cobb, and Attorney Abigail Diener

Absent: Abbey Gross

Visitors attending were: Joan & Dan Bowsher, Jim Garbison, Philip Morton, Jacquia Wright, Laura & Sam Cosgray, Tim Trowbridge, Greg Small, Joshua Shuemaker, Tom Schroeder, Jason Miller and Todd Anderson

The meeting was called to order by Vice Chairman Dennis Sterrett at 6:05 P.M.

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Minutes & Findings of Fact: There was a motion by Chris McWhirter and a second by Stan Minnick to approve the meeting minutes and findings of fact dated November 16, 2017 as written. Motion was carried unanimously.

Reorganization: Randy Conwell nominated Dennis Sterrett as Chairman. Chris McWhirter seconded. The motion was passed and Mr. Dennis Sterrett was elected as Chairman with a 4-0 vote. Dennis Sterrett nominated Chris McWhirter as Vice-Chairman, seconded by Randy Conwell. The motion was passed and Mr. Chris McWhirter was elected as Vice Chairman with a 4-0 vote. Stan Minnick nominated Annette Cobb for secretary, seconded by Chris McWhirter. The motion was passed and Ms. Annette Cobb was elected with a 4-0 vote.

Note: At the introduction of each case hearing, Director Betts 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 #2967

Executive Director Colin Betts read the staff report and presented photos of the subject site. Director Betts explained that this request is for a 0.5’ front (waterside) setback to add an addition to the existing dwelling. Director Betts also explained that the survey shows there is a 1’ setback, but the existing structure is 12.5’ from the property line and a 12’ addition would make the structure only 0.5’ from the property line. The survey was not changed to reflect the measurement, but the applicant was made aware of the discrepancy and requested the variance request reflect the 0.5’ setback. There were no questions from the Board for Mr. Betts, so Mr. Todd Anderson stepped to the podium to represent his request. Mr. Anderson submitted two photos into the record (see file). He explained the photos are of the lakeside of the neighbor to the south of him. Mr. Anderson states that he believes the photos display that the neighboring property would still have a 180 degree view that would not be blocked due to the height of the dwelling and attached deck. Mr. Anderson stated that he plans to add a second story addition to the existing cottage and he needs a variance to bump out the wall to install a staircase for access. Mr. Anderson stated that due to the placement of the dwelling and attached garage his only option is to add on to the front of the existing home. Thomas Schroeder, 6850 N. Chamber Ct., stepped to the podium to support Mr. Anderson’s request. He reiterated that the dwelling is skewed on the property and that Mr. Anderson’s only option is to add on to the lakeside of the property. When there were no further conditions to consider, Abigail Diener passed out the ballot to vote on the variance request. Abigail Diener explained that the Board is one member short tonight, so they do have the option to wait to be heard until the next meeting in March. Mr. Anderson stated that they would like to proceed with the vote.

After tabulating the ballots, Chairman Dennis Sterrett read the following results into the record:

Variance Petition #2967 -4 votes cast; 3 votes to grant, 1 to deny; Petition Granted

Variance Petition #2968

Executive Director Betts read the staff report into the record and presented photos of the subject site. Director Betts explained that there are two variance requests. The applicant has requested that they only be required 1 space vs. 48 spaces required per Zoning Ordinance and a waiver from all ADA requirements. TW Buildings has stated that they do not have any customers on site to necessitate the need for the required parking. Randy Conwell asked Mr. Betts to clarify if the variances are granted tonight for the boat storage facility what would happen if the current owner or a future owner changed the use of the property? Would they have to get another variance? Mr. Betts explained that this is just for parking requirements and that if the use was to change in the future there may be a need to apply for another variance if the parking requirements could not be met. Mr. Tim Trowbridge stepped to the podium to represent his request. Mr. Trowbridge stated that they have absolutely no intention of changing the use of the property and it is strictly just a storage facility. There are no employees or customers on site and a golf cart is used to move boats in and out of the building to store for the winter. Mr. Trowbridge also stated that trailers are stored within the facility during the summer months. Dennis Sterrett reminded Mr. Trowbridge that we are one member short and how that may affect his hearing tonight. Mr. Trowbridge indicated that he would like to proceed with the vote. Abigail Diener asked Mr. Trowbridge if he would like his requests heard together or separate. Mr. Trowbridge decided he would like them to be voted on separately.

When there were no further conditions to consider Abigail Diener passed out the ballots to vote on the 1 space vs. 48 spaces required.

After tabulating the ballots, Chairman Dennis Sterrett read the following results into the record:

1 space vs. 48 spaces required -4 votes cast; 4 votes to grant, 0 to deny; Petition Granted

Abigail Diener passed out the ballots to vote on the waiver from all ADA requirements.

After tabulating the ballots, Chairman Dennis Sterrett read the following results into the record:

Waive ADA Requirements- 4 votes cast; 3 votes to grant, 1 to deny; Petition Granted

Variance #2968 Granted

Variance Petition #2969

Executive Director Colin Betts read the staff report into record and presented photos of the subject site. Mr. Betts explained that the applicant requests a 14’ rear (roadside) setback vs. 20’ required for an attached garage. Randy Conwell asked Mr. Betts about the vision clearance in the area. Mr. Betts stated that he did not notice any visual impairments in the area with the way that the road curves around. Mr. Gregory Small stepped to the podium to represent his request. Mr. Small stated that he requested the variance to allow for a deeper garage to meet the intended use of the proposed structure. Mr. Small expressed to the board that “the garage would be located on the outside of the curve so when you are turning or looking at anything any blockage is on the inside of the curb traveling in either direction.” Mr. Small pointed out that the neighbor to the South of his property has a garage that is located on or very near the rear property line. His garage would be set back considerably further then this structure. Dennis Sterrett reminded the applicant that the board is one member short and how that may affect his hearing tonight. Mr. Small indicated that he would like to proceed with the vote.

When there were no further conditions to consider Abigail Diener passed out the ballot to vote on the variance request.

After tabulating the ballots, Chairman Dennis Sterrett read the following results into the record:

Variance Petition #2969 -4 votes cast; 4 votes to grant, 0 to deny; Petition Granted

Variance Petition #2970

Executive Director Colin Betts read the staff report and presented pictures of the subject site. Mr. Betts explained the applicant requests a 75’ minimum lot width vs. 80’ required for all lots in the proposed addition, an 8,750 sq. ft. minimum lot area vs. 10,000 sq. ft. required for lots 6-12, and an 18’ front setback vs 30’ lots 6-12 (25’ granted per variance #1014). Mr. Betts further explained that the variance is necessary for those developmental standards under regulation by the zoning ordinance, and if the variance was approved by the Board, then the applicant would have to seek additional approvals from the Area Plan Commission for other subdivision matters. Mr. Betts also shared with the board the original plat submitted in 1999 to demonstrate that the plan for development has not changed, but that the variance requests are the result of a minimum lot width development standard change and the Gordon Rd Right-of-Way taking that ultimately affected Lots 6-12. Randy Conwell asked if it is known if the Gordon Rd expansion includes plans for sidewalks. There was some discussion among the audience and Mr. Betts and no one present was aware of sidewalks planned in the area along Gordon Rd. Mr. Betts pointed out that the lots on Gordon Rd were double-frontage lots, and that access would be planned to be on Royalwood Dr., instead of on Gordon Rd. Mr. Joe Coats, CNS Engineering, and Jason Miller, Randall Miller & Associates, were in attendance to represent the applicant. Mr. Coats stepped to the podium first to represent the request. Mr. Coats explained that CNS Engineering drew up the original plat in 1999 and he reiterated that the subdivision layout has not changed and that Mr. Jordan had received the variances that were required in 1999. Jason Miller then addressed the Board and echoed Mr. Betts and Mr. Coats explanation of the need for the variance requests. Joan Bowsher stepped to the podium and stated, “Yesterday I went into the office to see where the lots were that we are talking about today. At no time did I offer an opinion whether I was for or against this, so I would like to have that cleared up. The lady I spoke to went through it quickly, umm, she said are you involved I said (inaudible) and that’s it. I’m not in quotes that’s approximately what she said and I said yes and that is all that was said, so I didn’t give an opinion.” Dennis Sterrett said “I have on my sheet that no objections were voiced” Mrs. Bowsher “Well then that means that I would approve it, if you don’t object it then you approve it” Dennis Sterrett said “Would you like to…” Mrs. Bowsher interjected, “No” Dennis “you don’t approve it?” Mrs. Bowsher “I just would like to clear the record.” Dennis “Ok, the record is clear.” Dan Bowsher stepped to the podium and asked “Since you are decreasing the size of the building lots is there any regulations stating the minimum size of a house?” Mr. Betts answered that 900 sq. ft. is the minimum dwelling size. Mr. Bowsher asked for clarification of where this requirement comes from, and Mr. Betts informed him that it is a White County Zoning Requirement. Jackie Wright stepped to the podium to represent Shirley Crutcher’s Irrevocable Trust and stated that “She [Mrs. Crutcher] did call in and ask questions about the location and I do have to state that Mr. Jordan did come into the area. He did come to her household and address any concerns that she had. He did also then go door to door to the subdivision and talked to anybody that was home. That happened on Monday, so I do appreciate that because that cleared up a lot of speculation that was going on in the community on our subdivision there. I just did want to say that we appreciated that.” Mr. Betts followed her sentiment with the fact that this request does not affect any part of Phase One. Dennis Sterrett asked if all of the interior lots meet the 10,000 sq. ft. It was explained that the minimum lot area only applies to lots 6-12. Dennis Sterrett asked Mr. Coats if he would like to have the requests heard separately or together. Mr. Coats decided to have all requests voted on individually.

When there were no further conditions to consider Abigail Diener passed out the ballot to vote on the lot width of 75’ vs. 80’ required.

After tabulating the ballots, Chairman Dennis Sterrett read the following results into the record:

Lot Width -4 votes cast; 4 votes to grant, 0 to deny;

Abigail Diener passed out the ballot to vote for a minimum lot area of 8,750 sq. ft. vs. 10,000 minimum for lots 6-12.

After tabulating the ballots, Chairman Dennis Sterrett read the following results into the record:

Lot Area- 4 votes cast; 4 votes to grant, 0 to deny;

Abigail Diener passed out the ballot to vote for a minimum front setback (Gordon Rd) of 18’ vs. 30’ required for Lots 6-12.

Front Setback- 4 votes cast; 4 votes to grant, 0 to deny;

Variance Petition # 2970 granted

Other Business:

Colin Betts presented the Annual Report to the Board. There were no questions or concerns.

There being no further business, Randy Conwell made a motion the meeting be adjourned with a second from Stan Minnick. Motion carried unanimously, meeting adjourned at 8:08 p.m.

Respectfully submitted,

__________________________

Annette Cobb, Secretary

Area Board of Zoning Appeals

__________________________

Colin Betts, Executive Director

White County Area Plan Commission

Document Prepared By: White County Area Plan Secretary Annette Cobb “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.”__________________