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BZA MEETING

July 19, 2018

 

The White County Area Board of Zoning Appeals met Thursday, July 19, 2018, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

Also attending were Executive Director Colin Betts, Board Secretary Sarah Baunach, and Attorney Abigail Diener

Absent: Abbey Gross

Visitors attending were: Randy & Laureen Douglass, Thomas and Kimberly Fletcher, and Daniel and Debra Hahn

The meeting was called to order by Chairman Dennis Sterrett at 6:00 p.m.

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Minutes: There was a motion by Chris McWhirter and a second by Stan Minnick to approve the meeting minutes dated June 21, 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 the developing the Findings of Fact for each hearing.

Variances & Special Exceptions

Special Exception #2979

Chairman Dennis Sterrett informed everyone that Special Exception #2979 – Gregory and Kelly Loudon has been continued at the request of the applicant.

Special Exception #2980

Chairman Dennis Sterrett informed everyone that Special Exception #2980 – Stephen Smart has been continued at the request of the applicant.

Variance Petition #2981

Executive Director Colin Betts read the staff report and presented photos of the subject site. Director Betts explained the request is for 19’ Front (Lakeside) setback from the North property line versus the required 30’ (Lakeside) setback, to install a privately-owned above ground swimming pool. Director Betts also explained that the pool is located on the survey in order to avoid potential conflicts with existing utilities on the east side of the house and a grinder on the west side of the house. There we no communications regarding this request. Board member Randy Conwell asked if there were any regulations for draining a pool so close to the lake. Director Betts stated that he doesn’t recall any regulations within the area plan office, but there may be regulations by the [NRCS] or Soil and Water Conservation [Ordinance]. Board member Stan Minnick asked if there are fencing requirements for pools. Betts responded that there are fencing requirements that require the homeowner to have a secured and locked fence, which will be inspected by the Building Inspector. Thomas and Kimberly Fletcher, 2407 S Pleasant Valley Ct., stepped up to the podium to introduce themselves and stated their neighbors, Daniel and Debra Hahn, came with them to the meeting. Mr. Fletcher made a comment that he was pleased with the service he was provided in the Area Plan office. He also appreciated the time and knowledge that Director Betts provided to him. Mr. Fletcher informed the board that he has plenty of drainage for the pool that will keep that pool water from draining into the lake. He stated that his pool contractor is not going to connect the drainage directly into the lake. The back-flush equipment will be in a storage area and the pool will get back flushed in an area (away from the lake) that has plenty of drainage. Therefore, the water will get soaked into the ground. Next up to the podium was Daniel Hahn, 2403 S Pleasant Valley Ct., an abutting neighbor. Daniel stated he had a 1200 sq. ft. deck built above his custom boat lift several years ago. He said he had it excavated out and #8 stone put in, leaving plenty of drainage for him and his neighbor. He stated if there is any water spillage that it will not go in to the lake and that it will go into the ground. The board had no questions for Thomas and Kimberly Fletcher.

When there were no further conditions to consider, Attorney Abigail Diener passed out the ballots to vote on the 19’ front (Lakeside) setback versus the required 30’ front (Lakeside) setback.

After tabulating the ballots, Chairman Dennis Sterrett read the following results into the record: Special Exception Use #2981-4 Votes cast; 4 to grant, 0 to deny; Petition Granted.

Variance Petition # 2982

Chairman Dennis Sterrett stated Variance Petition # 2982 is Randy and Laureen Douglass for a 34’ Front (Lakeside) setback versus the 50’ setback stipulated on the Boxman Lakeside Subdivision Plat. Director Colin Betts read from the staff report, discussed photos of the area, and entered documents into the record. He stated that per plat that the current minimum subdivision setbacks for Lot 10 are 50’ Front (Lakeside), 100’ Rear (Roadside), and 15’ on the sides. SFLECC voiced no objection to the request. The property owner asked his designer/contractor to send a letter from J. Wayne Jones and Associates to offer some justification for why the BZA should grant this variance. The letter stated four points of view as to why the variance should be granted and they are as follows:

1. From a structural point of view, attaching this structure to the existing house would stabilize and strengthen it as regards to strong winds coming from the lake.

2. From an architectural point of view, attaching this structure to the existing house would provide continuity and harmony of the design and details.

3. From an economic point of view, attaching this structure to the existing house saves material and labor, therefore saving money.

4. From an environmental point of view, attaching this structure to the existing house will obstruct less of the view of the lake for both homeowner and neighbors.

Randy Douglass had also submitted a petition stating that the property owners in the subdivision are fine with the Douglass’ attaching a roof to their home to cover their patio. The homeowners that signed that petition are: Jeff & Kim Dillon (5082 N Boxman Dr), Bill & Karen Tabler (5098 N Boxman Dr), Joe & Merry Bauer (5215 N Boxman Dr), Daniel & Debra Emmeloth (5104 N Boxman Dr), Raymund Lualhati (5076 N Boxman Dr), Mike & Dana Radtke (5219 N Boxman Dr), Carl Buergler (5062 N Boxman Dr), Todd Hofer (5026 N Boxman Dr), Donald Boedeker (5217 N Boxman Dr), Richard & Shannon Stetler (5151 N Boxman Dr), Michael & Melanie McGuin (5010 N Boxman Dr), Kris & Don Pietrucha (5045 N Boxman Dr).

Director Betts showed on the projector that if the variance is granted, the structure would still be in compliance with county standard (30’) setback. He showed that the Boxman Lakeside Subdivision setbacks vary between lots and neighboring properties have structures as close as 18’ to their property line. Chairman Dennis Sterrett asked if a platted setback could be varied and Attorney Abigail Diener said yes. Director Betts explained that normal action would be a plat amendment through the APC, but the BZA has jurisdiction because a property owner in this subdivision was allowed to break the platted setback requirement; this gives other property owners the opportunity to be heard by the Board of Zoning Appeals for their variance requests. No questions were asked by the Board. Randy and Laureen Douglass stepped to the podium to point out that there is 103’ from his property line to the closest edge of the water line and from the existing structure to the water line is 154’. Randy stated that all his neighbors are fine with the structure they are wanting to build.

When there were no further conditions to consider, Attorney Abigail Diener passed out the ballots to vote on the 34’ front (Lakeside) setback versus the required 50’ front (Lakeside) setback stipulated on the plat.

After tabulating the ballots, Chairman Dennis Sterrett read the following results into the record: Special Exception Use #2982 - 4 Votes cast; 4 to grant, 0 to deny; Petition Granted.

There being no further business, Chairman Dennis Sterrett motioned to adjourn the meeting, with a second from Stan Minnick. Motion carried, meeting adjourned at 6:41 p.m.

Respectfully submitted,

__________________________

Sarah Baunach, Secretary

Area Board of Zoning Appeals

__________________________

Joseph Rogers, Executive Director

White County Area Plan Commission

Document Prepared By: White County Area Board of Zoning Appeals Secretary, Sarah Baunach, “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.”

__________________________

Sarah Baunach, Secretary

Area Board of Zoning Appeals