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March 15, 2018

The White County Area Board of Zoning Appeals met Thursday, March 15, 2018, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Present: Randy Conwell, Abbey Gross, Stan Minnick, Dennis Sterrett

Also attending were Executive Director Colin Betts and Board Secretary Annette Cobb

Absent: Abigail Diener

Visitors attending were: Betty Byland and Tara Lynch

The meeting was called to order by Chairman Dennis Sterrett at 6:00 P.M.


Minutes & Findings of Fact: There was a motion by Randy Conwell and a second by Stan Minnick to approve the meeting minutes and findings of fact dated January 18, 2018 as written. Motion was carried unanimously.

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 #2971

Executive Director Colin Betts read the staff report and explained this request is for a 0’ front (waterside) setback to place a 12’ X 20’ utility shed up to the lakeside property line to minimize obstruction of sight lines to the lake. Director Betts read into the record the call log that expressed a concern over a possible drainage tile located in the area from Ms. Tara Lynch and numerous letters (see file) received on March 12, 2018 in support of the variance request. Mr. Betts verbally entered into the record that he spoke directly to Owen with Shafer & Freeman Lakes Environmental Conservation Corporation; known as SFLECC, and confirmed that SFLECC has no objection to where the shed is proposed. Mr. Randy Conwell asked if the tile complaint has been investigated. Mr. Betts stated that physically there is a “pipe” under the road, but no information has been found regarding the drainage tile that Ms. Lynch speaks of. Mr. Betts presented site images and reviewed where the property lines were and where the shed was proposed to be. When there were no further questions from the Board, Mrs. Betty Byland stepped to the podium to represent her request. Mrs. Byland stated that when they purchased the shed, their intent was to place it directly behind the boat houses that are located on SFLECC property. While discussing this with Owen at SFLECC, she learned that this placement would not be allowed, but that SFLECC would not object to placing the shed up to their shared property line. Per White County Zoning Ordinance, all structures in an L-1 District must be 30’ from the front (waterside) property line. Mrs. Byland expressed that the proposed placement would be the most unobtrusive as it will not be a distraction at the street, as well as this is the first place to see the lake when coming down the hill on Stahl Rd. She stated that the building is not going to be placed on a permanent foundation, and there will be no excavating in the area. Thus if there is a drain tile it would not be disturbed at all. Ms. Tara Lynch stepped to the podium to object to the request because she believes that there are multiple utility easements and a drain tile that she claims was installed by the County Highway. There are no easements listed on the plat. Mrs. Lynch could not produce documentation of the easements at the time of the hearing. She checked with the White County Surveyor and the White County Highway Department and was told there is no record of a drain tile. Ms. Lynch went into detail of the history of the area and how this compromised drain tile affects her property. Dennis Sterrett asked Ms. Lynch how long has this drain been compromised and she stated that it was addressed about fifteen years ago. There was further discussion about setbacks and the drainage tile. Mrs. Byland stepped to the podium to address the concerns of Ms. Lynch. Dennis Sterrett confirmed with Mrs. Byland that the shed will be a non-permanent structure that may be moved if needed. She reiterated, “there will only be stone under the shed, not a foundation, not on any type of footing, just stone.” Dennis Sterrett asked the Board if they have any other questions. Randy Conwell discussed with the applicant and Ms. Lynch what may be done to address the drainage issue in the future. When there were no further questions, Colin Betts passed out the ballots.

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

Variance Petition #2971 -4 votes cast; 4 votes to grant, 0 to deny; Petition Granted

There being no further business, Abbey Gross made a motion the meeting be adjourned with a second from Stan Minnick. Motion carried unanimously, meeting adjourned at 7:00 p.m.

Respectfully submitted,


Annette Cobb, Secretary

Area Board of Zoning Appeals


Colin Betts, Executive Director

White County Area Plan Commission