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The White County Area Plan Commission met Monday February 12, 2001, at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Jay Clawson, Gary Barbour, David Rosenbarger, Charles Anderson, Ron Pollock, Stephen Fisher, Don Ward and Rick Raderstorf. Also attending were Attorney Altman and Director Weaver.

Visitors Attending were: Todd Angle, Richard & Nancy Wilken, Tracy Martin, Glenn Jennings, Michael A. Brown, Deb & Sid Lindley, Art Anderson, Brad Smock, Charles R. Mellon, Eleanor Williams, Bill Williams, Elisabeth Nelson, Elizabeth Zarse, Jeff Cooley, Cheryl VanVoorst, Shirley Buell, Jim & Norma Dowden, Jayne Keniston, Carol Hendress, Martin & Rebecca Cotterman, Michelle & David Wagner, Charlotte Kraud, Michael Finnigan, Kim & Tracy Runyon, Gary Clark, Michael Zarse, Herbert Zarse, Jerry Bonnell, Bealer Widner, Andrew F. Morrison, Charles Scott, Annamarie Scott, Wilford E. Davis, Sara Sayger, Robert Baett, Vince Jeffries, Don & Belle Godlove, Ann Kirsch, Bob Wrede, Glen L. Stockment, Charles VanVoorst, Debbie Todhunter and Ken Kelly.

The meeting was called to order by President Charles Anderson and roll call was taken. The Board voted unanimously to dispense with reading and approve the minutes of January 8, 2001. The motion was carried unanimously.

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#735 Robert L. Kelly, Inc. Requesting to rezone from A-1 to I-2 on 7.626 Acres. The property is located in the Town of Reynolds and in Honey Creek Township, West of 366 E. U.S. Highway 24. Tabled from January 8, 2001.

President Anderson asked, do we have anyone representing this request?

Wil Davis was representing this request.

President Anderson asked, do we have anyone here, I’m sure that we’re going to have some questions about this. Do you want to state anything about what you’re planning on doing with the property there?

Wil Davis stated, my understanding from Robert Kelly is the fact that they are going to expand the property on over to the property line that’s an R-2, or an I-2, Industrial Two. They are not

going to move the plant, as the rumor is. The pant is going to stay exactly where it is, the only thing that he is going to do is use that for storage to stock pile stone and etcetera. There will be no moving of the plant, no moving of any tanks of any kind. There was a letter circulating around Reynolds, that the plant was going to be moved which, was false. Whoever did it, just perpetrated a lie is all but, the plant will stay where it is.

President Anderson asked, do we have anyone here in the audience with any questions about this request?

Norma Dowden asked, if this is rezoned, then some time down the road could he move the plant there?

President Anderson stated, he can do anything on I-2, on this property, later on down the road.

Attorney Altman stated, the restriction is, if it is I-2 and in I-2 they can do whatever the book says. They can do whatever they want, wherever they want, as long as the book allows them to do that.

Norma Dowden stated, I don’t want that.

Attorney Altman stated, and we can’t stop them from doing that, if it’s zoned that way. This is just a meeting of whether it would be rezoned and I want everyone to understand that the Town Board and County Commissioners have the final say on this but, we’re here to hear what you have to say too.

President Anderson asked, is this in Town?

Director Weaver stated, some of it is.

Attorney Altman stated, part of it is in Town.

President Anderson asked, are there any other questions about this request?

Charlie VanVoorst asked, there are just several of us against it. I’m the property owner on 2 sides of it and I’m pretty familiar with the Kelly operation over there. I guess that the Reynolds peoples’ biggest concerns are our water system that we put in 4 or 5 years ago. We spent over 1 million dollars on it and I guess if he gets that zoned to I-2 and puts oil over there or whatever from that, if anyone has seen his operation, you know that there is a lot of waste materials dumped there. We’re just afraid that it will turn into the same type operation that he has currently and I have some property, like I say, where I’m building a home there next to it. I just have a big concern that it could be damaging to my property, home and my business next door. Also, our wells with the city there so it’s a big concern to all of us over in Reynolds.

President Anderson asked, do you want to respond to that?

Wil Davis stated, in respect to the oil that Mr. VanVoorst is referring to again, someone called the Indiana Department of Environmental Services, it doesn’t matter who did it but, someone did. They come up last week and inspected the plant unfortunately, I do not have a letter but, I will guarantee you a letter for our plant past with zero oil on the ground, basically. He said that it was the cleanest plant that he has ever seen and I guarantee you personally, laugh if you want but, that is what the man said, “that is the cleanest plant that he has ever seen”.

Attorney Altman stated, we won’t laugh at you, if you don’t laugh at him.

Wil Davis stated, thank you very much but, the man said that when he was there last Wednesday or Thursday that it was the cleanest plant that he has ever seen. I will be really honest with you, I went down to Indianapolis last month and was talking to the environmental people and we had a meeting with them. The man’s name is Cartright at Indianapolis, he had made 3 or 4 reports in about the last 5 or 6 years where they have come in and inspected the plant. The young lady said that he also reported that that was the cleanest plant that he had ever seen. So, as far as oil contamination of the ground I don’t believe that would happen, I can’t sit here and guarantee it no one can but, I don’t believe that it would.

President Anderson asked, are you planning on storing oil on that side?

Wil Davis stated, no, not really. The takes are over to the far East side of the plant but, like I said, we could but to my knowledge Spark is not going to do that.

President Anderson asked, when you handle that type of material do you have to have the dams and everything contained then, the oil? The oil that you use in the front do you get dams around those tanks, to contain those?

Wil Davis stated, yes, fuel is the same way, it is in a concrete contained dam, as you said. I’m not sure that there is on the Southwest corner, I believe it’s the only adjacent area that runs with the City of Reynolds, everything else is County. It’s probably, and I’m guessing here but, it’s probably 50’ to 75’ of this acreage that would run along with the city. There again, Spark just tells me that he just wants to stock pile there so it would not be anything that would actually contaminate the water system that Mr. VanVoorst is so worried about.

President Anderson asked, does anyone else have any questions on this request? We are going to decide this tonight whether it’s going to pass or not so if you have any questions come forward and state your name.

Attorney Altman stated, we’re going to make a recommendation tonight to the County Commissioners and the Town Board is going to decide it.

Carol Hendress stated, I’m a member of the Reynolds Park Board Committee and I guess one of my concerns are that is part of this property line and buts up next to the parks property. We have baseball diamonds, we’re doing a wildlife walking track type of a thing out through there. My biggest thing is you get these kids out there in that park and what not and if there is stock piles of rock asphalt or whatever, we all know how kids are. I’m concerned that if anyone decides to travel over into that investigate. The smell, the pollution, so as far as I’m concerned and as far as the Park Board is, that’s my biggest concern too.

Shirley Buell stated, I own residential property very close to this piece of property and my concern is the traffic. The noise is just going to decrease the value of all of the surrounding real estate. If I went to sell my home, if I were to die and my kids went to sell my piece of property, the value would drop tremendously due to this plant going in, the value wouldn’t be worth anything. In the mean time as I say, the noise, the traffic, the dirt and everything else associated with this plant is not good for a residential district. That’s my objection.

President Anderson asked, do the Commissioners have any questions about this request?

Jayne Keniston stated, I’m residential and I live down in that area, in front of the well field. I guess that my concern is that once it’s rezoned, he can say what he’s going to do to it now but, once it’s rezoned he can do anything he wants as long as it falls into that guideline. There are things that are in that guideline that you don’t want down there by the wells or if he sells it the next person that moves in there can do whatever they want in that guideline. They spent a lot of money on that and why would you want to, I guess take the risk of contaminating your drinking water with having something zoned that close to the well field.

President Anderson asked, are there any other questions in the audience?

Director Weaver stated, President Anderson, we have received the new drawings.

Attorney Altman stated, I do have a letter that I will read. The letter and a map attached to the letter, Exhibit A, from Sid Holderly, was read into the record

President Anderson asked, is there anyone else in the audience that would like to ask any questions about the request?

Ken Kelly stated, I’m here to represent my father Robert Kelly.

President Anderson asked, is there anyone else here tonight that would like to ask any questions about this request?

Wil Davis stated, just to address what some of the concerns were. The thing with the stock pile the stone in the corner adjacent to the park, I don’t mean to be disrespectful but, she said that kids are to be kids but, parents are to be parents and maintain their own kids. As far as the noise variances and stuff like that, that one lady addressed, we’re 100’ yards from where our plant is now which will still be at the same place. So the noise level is not going to change any, we are under Indiana Department of Environmental guidelines that stipulate what we can put in there, hazard chemical wise. As we stated earlier, there are dams around the tanks that hold any oils or diesel fuel that would need to be put into the tanks so the leakage should not, I can’t guarantee it wouldn’t happen but shouldn’t happen. Then again, it would be our responsibility that if it was to take care of the situation.

Attorney Altman stated, all of those that have come tonight to oppose this would you stand right now so we can get an idea.

Attorney Altman stated, there are 15 people here.

President Anderson stated, if anyone is in favor of this let's go ahead and see them too. I know that these 2 are.

Attorney Altman asked, is there anyone else in favor please stand.

President Anderson asked, do the Commissioners have any questions?

Steve Fisher asked, when that is back against a residential area like that, doesn’t it have to be fenced?

Director Weaver stated, that was what I was looking up, it just says for residential protection it says any business or industrial use that abuts an area zoned or used for residential purposes, must have a fence or barrier at least 8’ in height.

Jay Clawson stated, another thing in here states industrial district transitional yard. When a side or rear lot line, when an industrial district coincides with either a side or rear lot line in a residential district the yard shall be divided along such lot line that a yard shall not be less than 100’ in width. This is on page 37, 4.1016 in here, so you can’t store any stone or have anything within, if there is any residential property you can’t be within 100’ of the property line with any kind of storage. It has to be a transitional regular yard, it has to be a mowed area without any machinery. It has to be a setback plus, I’m on the City Council in Monticello and every city pretty much had to pass a well field protection. It was an act that the legislature did and I’m not sure what the setback from any wells in the city there can, I was hoping that the Reynolds water guy would show up here. I need to know exactly what the setbacks they would have to have for that are because, it's very important.

Jeff Cooley stated, I’m on the Reynolds Town Council and we just started ours, just as small as our water service is our delineation has to be 3,000’ from our wells which pretty much encompasses the whole Town and it would encompass their current plant too, within that. All that we have to do is show what may contaminate it but, we would be very concerned about putting anything closer to the well that what it already is.

President Anderson asked, it’s 3,000’?

Jeff Cooley stated, the lunation area that we have to recognize.

Attorney Altman asked, radius around?

Jeff Cooley stated, from our wells we have to recognize within that what could contaminate them. There is no stipulation of that. We can set parameters in our Planning Commission which we have not done yet, it has to be done March of 2002.

President Anderson asked, do the Commissioners have any questions?

Ken Kelly stated, there has been a lot of rumors going around and letters that have been written stating that we’re moving our plant, we’re putting in a new plant. There isn’t and there never will be any other plant put there. The plant that we have is the plant that has been there for 30 years, we’re not moving it. All that we’re doing is trying to have a cushion as to what needs to be from, if someone on the perimeter decides to build next to us that we have a cushion for F.E.S.O.P., Federally Enforceable State Operation Permits, and air pollution that’s all that this is. There will never be anything, put any further out than that. All that it is, is area or just a cushion between the plant and someone trying to build next to us that’s all that it is. It will never go any further, we will plant grass there if that’s the problem but, if need be we can have it in writing to the Commissioners of White County or whatever. We will never put a plant anywhere close to that and I understand the community of Reynolds worries on this and it has been a worry too for our company but, the company was there way before Reynolds decided to put their water wells in there.

President Anderson asked, does the State require you to have a partition between that?

Ken Kelly stated, no, it’s just something to get along with Reynolds, we have been there a long time and we love the people in Reynolds and we want to get along with them. I understand all of your worries and everything but, it wasn’t our decision to put wells there and probably the people that have been there a long time and the new Mayor and everything were not in decision to put the wells where they are. I think that it all would just come under grandfathered clause, that plant was there before they put the wells in there and Lord knows that we don’t want to contaminate the wells or anything. All that we can do is hang in there and hopefully everyone will get along.

Jay Clawson stated, we’re looking in there for what is actually the usage for stone, I don’t think that it really says as far as stone storage. What really troubles me is that as long as they own it yes, they can say that it’s not going to change but, with an I-2 in 4 years down the road, if they sell it and it becomes anything that fits in an I-2 salvage yard or whatever. Being on it’s own might be better than an I-2 in that area.

Attorney Altman stated, if they have a commitment drafted it would restrict that. If the propose that and present that either to us or the Commissioners or the County that would do that. That would be a possible way to maybe see some middle ground here. I hear what Mr. Kelly is saying and that is a possible middle map is what I’m trying to say.

President Anderson asked, do we actually change the zoning or do we give them a temporary…

Attorney Altman stated, usually what it is, is it’s a new zoning rezoning but, the commitment restricts the use of the zoning. In other words, to hear what Mr. Kelly is saying, is use this as a buffer zone and grass it but, it would be a buffer zone from people around there. They want to present that in a written commitment to the County Commissioners or this Board and we can review that but it has to be something in writing.

Ron Pollock stated, plus if there are any contaminates the EPA would come in and shut them down.

Attorney Altman stated, that’s true, the only thing being is that’s not really zoning, leasing problems that certainly has aspects involved in rezoning and changing it but, it’s not a leasing problem that would be the EPA’s lease.

Steve Fisher stated, the only thing is if he wants to just convert this to just a buffer zone it really doesn’t need our approval to do that he could plant grass tomorrow without our approval.

Attorney Altman stated, that’s true.

Director Weaver stated, but, he can not use it for business use, he can’t put trucks on it, he can’t put stone on it he can’t do any of that.

Don Ward stated, the rezoning said 250’ off of the East side.

Ken Kelly stated, that’s something that I would like to address too, you stated 100’. It needs to be investigated more it shouldn’t be a decision until more investigation is done but, before we make a decision here and get crazy about this there is a reason why we done this. We would like to be able to stock pile some stone and if there needs to be a buffer zone, or whatever, I don’t see why not. F.E.S.O.P. has stated and they checked this as to how much stone area that we have. The dust that flies up, it does help us if we blacktop so the dust doesn’t fly and everything, I understand that. I don’t think that we need to make a quick decision on okay even if we can just get a portion of it to stock our stone, we’re not getting any bigger. It’s just really helpful for the limitations that we are at. At this time we may need a little bit of area but, we are not throwing oil on the ground or anything like that and we’re work with F.E.S.O.P. on making sure that there is not any dust flying in the air. I don’t think that really we need to make a decision as far as more investigation comes up and we have talked to t he Council and everything on the limitations. There is a reason why we want this zoned but I understand the reasons for the community and I think that we all can work together here instead of fighting like kids about it.

Steve Fisher stated, you as a petitioner, have the right to table this and you have the right to decide what exactly you want to give up, any rights to that. If you want to make the choice smaller and that thee of things, that is in you rights to do.

Ken Kelly stated, I would like to and I don’t want to get greedy, it’s my future.

President Anderson asked, how big of an area out of that 7.262, do you really need to store the stone in?

Ken Kelly stated, there would be some more area, the sand pile and everything. It is in our behalf that we do have some extra area for stock piling.

President Anderson asked, how much are you talking about on this property, that you actually need for stone storage?

Ken Kelly stated, I don’t know, maybe a couple of acres but, there definitely needs to be a buffer area.

President Anderson asked, for the stone?

Ken Kelly stated, yes.

President Anderson stated, you’re saying that you may only need 2 acres out of this rezoned instead of the whole 7 acres?

Ken Kelly stated, right and some of this needs to be investigated more. I don’t want to get greedy and run it right up to the fence of the other property and all. I think that we can work with each other.

President Anderson stated, you’re probably better off to table this and try to figure out exactly how much of this acreage that you would need and exactly where it would be located.

Wil Davis stated, as I looked at this with Mr. VanVoorsts’ future home abutting up to the plant property now, agricultural property at this point. What Kenny is saying and also some of the Board members, I tend to agree. That 100’ buffer, anyway that we rezone 250’ to the West of our I-1 now leaving that 100’ buffer in there coming straight from the North property line South, to the end of the property line on the Southwest corner therefore leaving all of this area. That would but up to the park, the City property which is approximately 187.63’ with the additional 100’, making it 187.63’ on the Southwest corner, if you can follow on my map and see where I’m talking about.

Steve Fisher stated, keep in mind, that 100’ take off what you’re rezoning, so if you change your…

Wil Davis stated, no, they have to have 100’ buffer in-between.

Jay Clawson stated, you don’t want to go back 100’ and then take another 100’ off of because, that’s 200’…

Wil Davis stated, we’re not there, right?

Don Ward stated, what I was saying, just say rezone 250’ off of the East side of that piece of property or the West side next to the piece of property you own now, that would leave about 75’ plus the area that is over there below.

Wil Davis stated, 187’.

Don Ward stated, or some other figure.

Wil Davis stated, but, the 250’ from our, that would be our property.

Don Ward stated, the property that you can use now would be 250’ strip off of the West side of the property that you are using now.

Wil Davis stated, exactly, and I think that would be a good compromise. That way we are still our 100’ is away from the nearest residence and it is a residence that requires that 100’ buffer is that correct?

There was discussion among the Board members.

President Anderson asked, does anyone in the audience want to respond to this?

An audience member stated, I can understand Kenny wanting to stock pile stone over there and he’s talking about a buffer, why have most of it rezoned to I-2 if he wants a buffer. If you leave it A-1 and it’s definitely a buffer that way, if he wants to rezone it.

Attorney Altman stated, the problem is and this is what Jay is hitting on here, is when you rezone it to I-2 the buffer is part of the I-2. So let's assume that we’re talking about 250’, what I hear them talking about amending their request so that what they are really doing they only have 150’ because, 100’ of that has to be the buffer.

An audience member stated, but, that’s still I-2.

Attorney Altman stated, it’s I-2, but, it has to be buffered.

Don Ward stated, it’s only buffered if it’s adjacent to a residential area.

Attorney Altman stated, I see what you’re saying, it would be agricultural, it would be theirs and it would be agricultural.

An audience member stated, so we wouldn’t have to worry down the road if it sells.

Don Ward stated, if it’s 325’ now they would have a rezoning of 225’ of frontage and then their 100’ of buffer would be their own property. They wouldn’t be able to use it for stock piling or industrial.

Attorney Altman stated, that may not satisfy everyone’s complaints but, I guess the people need to know that it is in the Ordinance, that 100’ buffer is in there.

Jay Clawson stated, the well, which is back here, that would give them a 300’ and sum.

Wil Davis stated, about 305’ or so.

Don Ward stated, they are practically that close now.

Wil Davis asked, I think that I speak for Kenny, that would be a good mediation point, don’t you think Ken?

President Anderson asked, you’re going to have a buffer of how many feet from the residential area?

Don Ward stated, if we rezoned a 225’ strip, they would have a 100’ buffer.

President Anderson asked, from the residential?

Don Ward stated, plus all of it that, which is in town, is not being rezoned.

Wil Davis stated, it would be about 305’ or 307’ from the well.

Don Ward stated, according to this, you’re 450’ to this line so you would be 550’ from the well.

Wil Davis stated, I’m sorry, I was talking about the property line to the city. I think that would be a fair compromise for everyone.

President Anderson asked, does anyone else in the audience want to respond to that?

Charlotte Kraud stated, where their plant is now, I live on the corner of U.S. 24, German Street and Third Street. They come down my street but, where they are located now there is steam from when they make their asphalt. On the bad weather days it is a tremendous smell and anyone that has emphysema or has a breathing problem it is bad. We do not want that plant any closer to a residential than it is because, it is hazardous to people that have problems breathing. Also, I have had the experience of large trucks going down our street, one semi cut the corner too short, put a big hole in the top of his semi, and if these cement trucks go down our street it will create a hazardous traffic problem. I do know this from experience, plus depreciating our property on that street, we have no way of getting out they would have to come down our street.

President Anderson asked, would you like to respond to that?

Ken Kelly stated, first off, I think that she is saying that we’re going to move our plant. We’re not moving our plant ma’am, it’s going to be the same that it is now. Charlie does have a lot of trucks running through there, he has a propane tank within 300’ of their lot closest to our plant. There is not a deceleration lane feeding that propane tank and we have not complained about it or anything…

President Anderson stated, let's not get into that right now.

Ken Kelly stated, I understand but I’m saying the plant is not going to be moved, so we are not going to be moving any closer and we are not going to incline anymore on her home. I think that if Charlie does do what he does, the building, maybe it will add to her home and not take away from her home with a house in there, that’s fine. I don’t think that we’re moving in on her or anything else we’re not going to do that, we just ask for more area for maybe stone piles.

Charlotte Kraud asked, would that be coming down our street, that stone?

Ken Kelly stated, no ma’am we will be on our own lane the same way that we have always used.

Charlotte Kraud asked, would you have to make a bridge across there?

Ken Kelly stated, no ma’am.

Charlotte Kraud asked, does your property….

Ken Kelly stated, no, it’s not even adjacent, our property does not even let us have a road in there, we’re not moving a road in there.

Don Ward stated, they can’t get to their property from German Street or Third Street because they do not own it. They don’t have any way in.

There was discussion among the Board members and the audience members.

Attorney Altman asked, what is the proposal? Are you going to amend your request or do you want to table it to the next meeting?

Ken Kelly stated, I would like to table it.

Jay Clawson asked, do we need to give him instructions on that, a description made up when he brings this back for what we talked about so that it meets that requirement?

Attorney Altman stated, I guess what it amounts to is, if you’re going to modify your request to a smaller geographic area, it would be very helpful if you got it surveyed out so that these folks know exactly what you’re talking about. If you want to have someone draft, what is called a commitment just a legal word but, it’s a document that will say that your use in this area is going to be stone storage and grass perimeter if that is what your use is going to be. Also, put in that commitment that your plant will not move and that is fairly easy to do. Anything else that you want to put down in writing that you think will make your proposal the least acceptable to you folks and more executable to these folks, that would be very helpful. I suggest that you get it done right a way, you recognize the people that are here and I would certainly take it around to them and let them see it right away. So when they come here next month they have seen it and it doesn’t must plop into their lap and they can say yes, it sounds okay or no it doesn’t, they still have their same complaints or whatever they have.

President Anderson stated, I would address too, how you’re going to access it and where your roads are going to be through that that it’s not going to come through any of the streets that they are worried about too.

Attorney Altman asked, does everyone understand what we’re proposing? I just want to make sure that at least I said what they want to do because, as I understand, they will narrow down the amount of geographic area that they are going to rezone. Then they will also be reentering a document, a written commitment that limits what they can do in that geographic area. I hear them also they may not do this but, I hear them saying they are not going to move the plant and therefore it would probably be a good idea to put it as part of that commitment that they are not moving the plant geographically at all.

Ken Kelly stated, exactly.

Attorney Altman stated, that would also reassure some of these folks on some of their concerns. Also, President Anderson talked about getting in and out so that this lady knows that you’re not going on her road.

Jay Clawson stated, Attorney Altman, I don’t think that is a new point anyway because, they don’t have the frontage on that road.

Wil Davis stated, you can’t get there from here.

Attorney Altman stated, I understand, just to reassure her.

Jay Clawson stated, U.S. 24 is the only frontage that they have off of any type of road.

Charles Scott stated, I live about 2 to 3 blocks away from there. What my question is, what happens if two years down the road if they decide to sell that place? Is the same agreement go with the next person?

Attorney Altman stated, yes sir, it goes with the rezoning. That’s what a commitment does it carries on it limits and modifies the rezoning forever. Unless the commitment says and I have seen it drawn up so that they are good for 10 years but, I don’t hear them saying that they are limiting this, they are saying for ever so it would be forever.

Charles Scott asked, is there going to be a guarantee that you guys are not going to move that factory?

Ken Kelly stated, yes.

Charles Scott asked, guaranteed in writing?

Ken Kelly stated, yes. What you have heard is something that has been put in the mail with no return address of where it came from. There is no way that we are ever going to move that plant, in no way. We are going to keep it in writing that if someone else did buy it, they can not move any closer to the plant that is there now.

Charles Scott asked, what gives the right then if any other factory moves in there? They have to go by the same guidelines as everything else?

Jay Clawson stated, yes.

Attorney Altman stated, assuming that they draw the commitment up the way that I’m assuming that they do. I have not seen it but, I hear what they are saying and I suggest that you come in next month and read it yourself and go see Director Weaver in a week or so.

Ron Pollock stated, we’re not going to make any decisions tonight anyway.

Charlie VanVoorst stated, in regards to the road that they were talking about possibly coming in off of German Street, Mr. Kelly has gone to the Town Board and asked for a right-of-way to come across the town property, on the South side of my property, to put a road in there to access that property. That would come on German Street, I know that for a fact that he has gone to the Town Board and asked for a right-of-way to get on to German Street off of his property it comes across on the Eastern part of the Town property.

Ken Kelly stated, that’s one of my father’s visions, maybe do something like that but, I really don’t think that it would be smart. There is no reason to even run a truck through a residential area to run in there is something that he’s…

President Anderson stated, now you have a buffer there too…

Ken Kelly stated, everything will defiantly have to be in writing and no decisions will be made until it’s right and I think that we can come to an agreement between the town and Spark Kelly, that possibly we can work something else.

Attorney Altman asked, anyone have any questions? It will be heard next month, March 12th right here the same time.

Steve Fisher asked, Attorney Altman, the commitment would be in her office by when?

Directors Weaver stated, Ken, when you get that commitment, as soon as you get it, bring it in.

Steve Fisher stated, the latest it would be would be before Monday.

Ken Kelly asked, how long before the next meeting do you want it?

Director Weaver stated, we need to mail it out to our Board members.

Attorney Altman stated, I would like to have it within 10 days.

President Anderson stated, if they have the commitment in the office then people could go in and look at it.

Attorney Altman asked, is 10 days alright?

Ken Kelly stated, I may have to go to Florida to get it but, I’ll get it.

Wil Davis stated, I just have one thing to ask from you people at Reynolds, I don’t live there so I can’t voice my opinion about the plant in your residence. I can tell you this, when you received that letter from whomever the individual was that was afraid to sign it…

President Anderson stated, we’re not going to get into that.

Wil Davis stated, no, I’m just saying if you receive any other thing like that call Kenny or myself at the plant we will be glad to answer any questions that you have, any rumors that you hear call us. We will be glad to answer anything that may be fact.

Attorney Altman stated, please give that to me within 10 days if you want this heard in March.

Jay Clawson asked, 10 days prior to the next meeting right?

Attorney Altman stated, 10 days from now.

Ken Kelly stated, I might need a little more time than 10 days to get that straightened out.

Jay Clawson stated, I thought that we had to have it 10 days before the next meeting.

Ken Kelly stated, I would prefer that it be the another meeting after next month if it’s only going to be 10 days and that way we can talk to the people in Reynolds or anyone that has questions so I’m not rushing them.

Attorney Altman stated, that would be April 9th.

President Anderson stated, #735 has been tabled.

****

#739 Richard G. & Nancy J. Wilken Revocable Living Trust; Requesting to rezone from A-1 to R-2 on 27.588 Acres. The property is located in Union Township on the Northeast corner of Chalmers Road and C.R. 450 E.

President Anderson asked, do we have anyone representing this request?

Richard Wilken stated, I’m from 102 N. Countrybrook in Monticello.

President Anderson asked, do we have anyone here with any questions about this request?

Martin Cotterman stated, I guess that I do have some questions because, I don’t have much information on it. I don’t know if this is first reading or second reading where you are at in the process so maybe that’s a questions directed to the folks of the Board.

Director Weaver stated, this is first hearing.

Martin Cotterman stated, this is first hearing. I don’t even know how many steps that this goes so this is a learning experience in County Government for me.

President Anderson stated, as far as the rezoning we make a recommendation to the County Commissioners whether we agree or disagree with it and then they make the final decision on it, if it’s in the county itself.

Martin Cotterman stated, I’m not sure exactly what parcel of ground it is. I know that it’s on the corner but, that can run both ways so maybe he can explain that to us if that runs up 450 East up towards the North or if it runs back towards the lane of the farm

Richard Wilken stated, it will run North and South on 450 East and it will go back East on Chalmers Road 600’.

Martin Cotterman stated, would it be fair to say, that’s the green wheat basically, for those folks that are around there that know?

Nancy Wilken stated, yes.

Martin Cotterman stated, okay so I think that I have determined where it’s at and I think that other people understand that. We do have some questions reference rezoning the description, I think it is R-2 which, would allow multiple residences or at least 2 family dwellings or duplexes or something on that line?

Director Weaver stated, one and two family.

Martin Cotterman stated, I guess the biggest thing is most of us feel that there wasn’t enough information provided at this point. There was a chain of phone calls made last night and maybe there’s only 6 letters that need to be sent but, I think that there were 36 people that weren’t really in favor of it if you have them stand up, you will see most of them. My personal feelings are, I don’t know that it’s needed there. There are 3 subdivisions that were just put in that area within about 3 miles of that location, Stone Hollow, Sandstone and Willow Ridge all 3 of them opened I think early in 2000. They still have plenty of open lots it’s not like we’re busting at the seams that way. The other concern that I have is for infrastructure wise, the roadways are narrow and crumbling, I don’t know that it is made for that kind of traffic with the kids playing there large farm equipment so on and so forth and then the fourth question that I have is…

President Anderson stated, this is not a subdivision yet, he is just wanting to change the zoning on it at this point.

An audience member stated, I don’t understand the difference there.

Martin Cotterman stated, maybe it would get to that I don’t know, if it would be subdivided I don’t know what the answer to that is.

President Anderson stated, that’s probably why he is doing it but, right now what this Board is interested in is, what is the best use of this land. Whether it would be as agricultural or whether it would be a residential, so that is what we are addressing at this point right now. As far as subdivisions and things that would come later on but, the first step that they would have to do is change the zoning of it to be able to get a subdivision, a residential subdivision.

Martin Cotterman stated, the other concern is the ground water. I believe that all swales down to an area there where it does cross under the road into a tile and then it runs across personal property right into Big Creek. I don’t know what it would get into there with any septic problems. I have listed about 4 or 5 questions to answer. I guess that I’m not against progress, I just don’t think that it’s needed now or that it’s needed here, in summary, at least at that point.

President Anderson asked, do you want to address any of that?

Richard Wilken stated, yes, the water does go between Whitehead’s and them right there where that cement catch basin is. That would be increased in size or whatever that is needed after we can see what we can do but, it’s adequate now to drain what has to be drained at the present time.

President Anderson asked, do we have any other questions in the audience?

Gary Clark asked, I was raised out there and still live there what is the difference between a subdivision and what was brought up?

President Anderson stated, the rezoning is to residential. He can develop after that a residential subdivision but, why here right now is to find out whether it should be changed to agricultural to residential.

Gary Clark stated, in our neighborhood opinion, it should not be so that’s why were here.

Becky Cotterman asked, what you just said, don’t you have to take into consideration if you do zone it to residential what is going to happen down the road? Would you have to take into consideration the drainage and the roads, if the houses were put in.

President Anderson stated, right.

Becky Cotterman asked, so you do take those things into consideration?

President Anderson stated, right now he is not asking for a subdivision, all he has asked for is a change.

Becky Cotterman asked, but, why would he ask for a change unless, he wants a subdivision?

President Anderson stated, we can assume that.

Martin Cotterman stated, that’s basically what I was asking.

Becky Cotterman asked, so if he wants a subdivision then will we have to come before the Board again?

President Anderson stated, he has to come again for a subdivision but right now, what we have to determine is whether the best use for that land agricultural or residential.

Don Ward stated, he can put an agricultural subdivision in and we can’t stop him.

An audience member asked, a horse barn horse training facility is that what you’re saying?

Steve Fisher stated, no, he can cut now into a subdivision if he desires of 1 acre lots but, the residential type subdivision will make it more restrictive so he isn’t able to make it quite as large of lot size as what it’s set. It may be smaller so in actuality it is a little bit better to have an R-2 or an “R” type of subdivision verses an agricultural subdivision. There are more restrictions on it, more protection.

President Anderson stated, if he splits this up the way that it is right now as agricultural, he would split one 1 acre lot off of it and the rest of it in 3 acre lots without doing any type of a subdivision. If he puts in a subdivision, then there are requirements for drainage and things too he would have to go before the Drainage Board.

Don Ward stated, also septic systems and wells.

Michele Wagner asked, is this the time for questions or comments?

President Anderson stated, questions and comments.

Michele Wagner asked, just to start things off, my comments are not directed against Dick Wilken. We very much like him and respect him but, as a home owner for 16 years on the property of course we are going to have a vested interest in this property. You did use the question, best use of this land and you question for whom, that’s just the question for whom those of us that have lived there forever or the people that are new coming in?

President Anderson stated, it’s not for whom, it’s whether that land is…

Michele Wagner stated, being utilized in it’s best…

President Anderson stated, best situation.

Michele Wagner asked, how many years has it been used for farm ground?

Richard Wilken stated, forever.

Michele Wagner stated, good enough for me.

An audience member stated, it’s been that for 50 years or longer.

Michele Wagner stated, so if it’s not broke, don’t fix it. The reason that my family is against this acreage thing rezoned from agricultural to residential is our road is not in any shape to accommodate the increase traffic. I realize that he is not requesting that tonight but, I’m going to keep going until you stop me. Our children will no longer be able to take a walk or ride their bikes up and down our street because of the increase traffic creating a dangerous situation. We have already got into that when they allow Godloves to come out and dump those trucks, it was a nightmare. By the time they get to my house they are doing 60 m.p.h. and when you have 3 children under the age of 13 you’re not putting them out there. What about our current water and our wells, adding that many new residences will increase the number of new wells and septic systems. How will this effect our water quality? We chose to live here to get away from the busy in town atmosphere you are talking all of this away from us if you allow this to be rezoned. We like our quite neighborhood and do not want this added noise that this situation would create. We have lived here for 16 years and have put in over 60,000 dollars in improvements into our house because, we plan on living there, retiring there and dying there. That type of dwelling that will be built on this ground will definitely effect the value of my home. We have made improvements on our home with the 60,000 dollars we have current invested in remodeling and adding on to it in hopes that it would increase it’s value. Allowing this in our neighborhood would only decrease the current homeowner’s market values. We definitely do not need any additional dogs or cats running in our neighborhood and if these are sold as 1 acre lots, that could be 27 different families allowed to have pets who will then populate and repopulate our neighborhood.

President Anderson stated, I think your getting a little bit too far into it.

Don Ward stated, that’s doesn’t matter. He doesn’t have to have a rezoning for his agricultural subdivision so that wouldn’t make a difference.

Michele Wagner stated, but, you as Board members, would take that into consideration that’s not something that I want there. There isn’t any type of leash laws when you’re in the country.

Don Ward stated, it doesn’t matter if you want it or we want it or not, you can do it.

Michele Wagner stated, I’m just stating my personal reasons. If you’re allowing duplexes that and these get subdivided into 1-acre lots then could that mean 54 families instead of 27?

President Anderson stated, we’re not to that point.

Michele Wagner asked, not to that, okay. Does that mean that house trailers can be placed on this property?

President Anderson stated, she’s asking if house trailers couldn’t be put on the lots.

Michele Wagner asked, house trailer could not be placed on the 1-acre lots?

Director Weaver stated, house trailers are not discriminated.

Michele Wagner asked, so they can be placed on an R-2 property?

Director Weaver stated, 1981 or newer.

Steve Fisher stated, keep in mind though, if he were to decide tomorrow, okay I’m not going to get an R-2, I still want to develop my property which, everyone in White County has the ability and right to do, he can say I want an agricultural subdivision instead of going through the R-2 which, is actually a less restrictive type of subdivision. He can cut that into 1-acre lots tomorrow without our approval well, 3 acre lots, he can still do everything that you have talked about doing but, he can do it in a non restrictive way with that R-2 he is going to be more restrictive.

Michele Wagner stated, the 3-acre lots would mean 9 houses, versus 27.

Don Ward stated, yes but, he can go to 1-acre lots and as long as he meets our requirements he can do it anyway. All that he has to do is meet the requirements for an agricultural subdivision and we can’t stop it.

Michele Wagner asked, agricultural subdivision doesn’t stipulate 3-acre lots?

Don Ward stated, he could do 3-acre lots without even talking to us.

President Anderson stated, and without a drainage approval.

Steve Fisher stated, the Board is more protective of the other property owners if you go to the R-2 than the agricultural subdivision.

President Anderson stated, we have not decided yet if that’s the best use of the ground.

Michele Wagner stated, then my last and final comment is of all of the homeowners that are currently on the road, I don’t believe that there is one person in favor of this. I would be more than happy to provide pictures, there are homes located only on the North on the West side of the road. There are two modulars which, that ground did get rezoned to allow that, which everyone in the neighborhood was against. I think that if they had the opportunity or had more information or went to bat for our particular road, that wouldn’t have been allowed. They would have had disagreement because, that is the only thing that is located on the East side of the road besides one hog barn.

Attorney Altman stated, the only thing with an R-2, they could have a whole lot more lots.

Steve Fisher stated, they could have a whole lot more lots but, he could also bring forth a whole lot of restrictions. He could say that would have to be 2,000 square feet houses, half bricked what ever.

Elizabeth Zarse stated, I’m better known as Betty. I’m a friend of Dick’s, I’m not really complaining that way but, I do have a concern about water. I live on the South side of Chalmers Road and in 1974 when we put our well in, put our new house up and put our well in. We had a hard time getting water so, I’m concerned that if they do put houses up there are they going to hit the same veins and what is going to happen to the water system out there. That’s my only concern, the drinking water.

Andy Morrison asked, I live in Headdy Subdivision, which is in Big Creek Township not Union Township. I’m concerned and with talking to some residence, we are concerned that if you can explained that borderline, make it a rubber band. What is allowable to ask and what isn’t? You have a commitment already or are you going to finance the project yourself, don’t answer it but, these are questions that I’m concerned with. If someone else is buying from you and they are going to finance the whole thing, we’re all concerned about water that drains off Jennings field and your field all of the way down to Chalmers Road. We’re also concerned, let's go a little bit further East to what we use to call Hicks Corner, that’s not the proper name but, what is going to happen to that land? Your land is in Union Township or Twin Lakes School District, the West side of the road is in Frontier. Union Township is going to pick up 120 new students if the whole subdivision as loaded. Sewage, Art is going to take care of the sewage all of these people are going to pay 4,500 dollars or the builder is going to do it. Someone is going to pay that amount of money so that we know that it’s there. If you’re going to put in sewers you might as well pull water all of the way into Chalmers Road so this is added expense. More traffic has been said, a lot more traffic on 450 East a lot more traffic on Chalmers Road, I don’t know what is going to be up and down Springboro Road but the road is going to have to be widened. It’s going to have to be kept in better shape the Highway Department does a terrific job in the winter time no complaints, I’m not complaining about them but, the road is to small if you’re going to put that many more people there. The normal drainage, 50 years ago or so before they dredged Big Creek, came across 450 East off of Jennings field and where the egg farm use to be and so on came across and down behind me and gave me a creek in the back yard. Fine I can sell the property for more money but, these people that are purchasing it, are they aware of these situations is this Board aware of these situations is the next level of government aware of these or will they be? It’s easy to say okay it’s no longer A-1 it’s R-2, it would be nice to have 30 more houses here 200,000 dollars a piece or are we talking about 100,000 dollars and put in, not trailers or modular homes? Modular homes are real nice but they cost around 90,000 to 100,000 dollars, to do it with the well and the whole bit. Just concerned is the community as a whole is the Twin Lakes School System which, some of our people go to the wrong school system that live on the road but, is the school system going to be able to take it? Just throwing these questions out whether you can answer them in your head or someone else pick up where I’m leaving off.

President Anderson asked, could you address sewers and septics on that? Art, do you want to make a statement about the septic systems in that area?

Art Anderson stated, not really but, being you brought me into it, 4,500 dollars that was the worst case scenario that what it was going to be. If we had less people than what we are going to have on the sewers out on that project which we just had the bid meeting for it the other day it does not go into this area. If this guy really gets it done if he was smart, they would run a line down there to it themselves and you’re talking about best use of the property. The best use would be to run sewer to something like that and give the people nice property to develop build nice homes in it, if it goes through. I don’t know whether it is or not and it’s not going to be 4,500 dollars but I have never told anyone that because, I’m giving you the stick it to you price incase we have to stick it to you but, we’re not going to.

Andy Morrison stated, that number was thrown around.

Art Anderson stated, that number was thrown out and that was the number that I gave out. I take responsibility for it but I wanted you to know the worst case scenario, which that is the worst case and since then we have got a lot lower price for coming into this sewer. The reason this whole project out there is so high is they don’t get any government funding for that. That other road over there where they were talking about, the other subdivisions yes, they will be able to reduce the size of the lots and not waste so much farmland, like she was worried about, the 3 acres or whatever it was and rightfully so. My wife is against this, I don’t care either way because, it doesn’t matter. I look at it differently than the way that you look at it, I have to look at it like you guys are County Councilmen. The way that I look at it is if you stick a lot more houses out there, our taxes aren’t going to go up. They are going to do just what they did last year when we had several, we have over 1 million dollars that we didn’t have to raise your taxes because of new building, like the people that have been building. That could have been stuck to you and that would have been 30 more cents per hundred that you did not have to pay because, people built houses. So that’s the way that I look at of course, I have to listen to my wife and she’s looking at it like she looks at it. As far as sewer, sewer can go to that but, if they do you have to run it about 1,000’, which would be to his advantage if this, does go through.

President Anderson stated, but the sewage isn’t going out there.

Art Anderson stated, no, sewage is not going to go to this but, if it does there are a couple of houses out there that have a problem.

President Anderson stated, if it does go into a subdivision, it would have to be with septics in that area.

Art Anderson stated, yes, there would have to be septics unless he would run the line which would be to his advantage to do. It would be to everyone else’s advantage because then, you don’t have to worry about the leaching off into the creek that you were worried about and some of the other things, 100 percent to whomever builds that subdivision which, isn’t going to be me.

Richard Wilken stated, on 450 East there is already natural gas there. They just don’t do that for, what is there 10 houses or so on that…

Art Anderson stated, there are 19 total around there, I did a house count, just incase they wanted to put a sewer in which, all of my neighbors wouldn’t want. It didn’t make any difference to me, the only reason that I didn’t fight to run that line down there is because, it would have went to my house. Everyone would have said, that darn Art Anderson, he stuck us with this just so that he could get it, I could care less.

Martin Cotterman stated, just a couple of questions. I understand what you’re saying he can go out there and divide the lots and stuff houses on it and no one can stop him and that’s fine but, you’re saying that an R-2 is more restrictive and maybe better for me I guess. I’m curious as to why he wants R-2 from his standpoint if it’s more restrictive against him..

President Anderson stated, if he comes to a subdivision he can put more houses and more developments in there which reduces his cost per lot.

Attorney Altman stated, 6,000 square feet verses an acre with 2,560’.

Martin Cotterman stated, so from your opinion, his advantage is he can stack more and more people and more houses in there and sell more property.

Attorney Altman stated, all that I’m saying is that is the lot size.

President Anderson stated, if that were determined that would be the best use of the land which, I’m not saying that it’s going to. Now, if you look around on some of these people that have split up their land and split in 3 acre lots they live on a half acre and put junk on the other 2 ½ acres. It’s just tying up to much farm ground to do that, so hopefully at some point, I’m not saying that this is the best use for that land in that area, you can get down to smaller size lots. Tying up less ground and be able to be hooked up to some type of municipal facility water and sewage. Everyone wants a piece of the green in the country, one of these days it’s going to run us out of country.

Jay Clawson asked, I want to ask one question, I have a question for Richard first and then for you because, being that this is in the county, do you still have your confined hog operation on the property?

Richard Wilken stated, yes.

Jay Clawson stated, that answers that question. We have a thing that Greg Bossaer brought to us last year that there are requirements that there cannot be any residential rezoning within so many feet of confined hog operations. So I think that it’s 1,500 square feet which, is a quarter of a mile from that…

Director Weaver stated, 1,320’.

Jay Clawson asked, first we need to know does that fall in the parameters of this?

Director Weaver asked, how big is the confinement operation?

Jay Clawson stated, that is the thing, new rezonings can’t encroach on confined operations. Is he willing to give up this?

Director Weaver stated, depending on how big the confinement operation is.

Jay Clawson stated, those are things that I want to know.

Richard Wilken stated, we’re permitted for 1,160 head of hogs and we got a permit for that.

Jay Clawson stated, that’s a regulation.

Director Weaver stated, they have over 1,000 head of swine they are considered a confined feeding operation. You are within that 1,320’?

Richard Wilken stated, no.

Director Weaver asked, you are not? Did you hear that, he is not.

Richard Wilken stated, if you measure from the West end of the hog house no, it is not.

Jay Clawson stated, that is one thing that I need to know because, if we did that and then found out that it was an IDEM or whoever controls that, we could stop that and you would go through a lot more expense.

Director Weaver asked, are there any other confinement operations in that area?

Richard Wilken stated, like Mrs. Wagner said, there is one North of there almost straight across from her place.

Director Weaver asked, is it part of that 1,320’?

Richard Wilken stated, yes, it would be 5,000’ or something.

Jay Clawson stated, it would be even farther, the one on Dick’s property is the one that I was worried about.

Michele Wagner stated, hogs we don’t mind, we use to raise them. I don’t know if Dick is aware of this but, I know that the current residents that live on that road, if this ground, when it comes down to the rezoning and the ground must be sold, we the current residents would rather purchase that at a fair market value than to see it be rezoned. Just to throw that out there.

Becky Cotterman stated, to clarify that, I don’t know, I’m getting a little confused here but we’re trying to keep it country. I don’t care about septic and putting 100 more houses in there and keep my taxes low. I live in the country because, I want to live in the country away from all of those people, that’s why I moved back there after my mom died. Wilken’s choose years ago to move out of the county and move in town, that’s there prerogative that’s their choice. Our choice was to stay out in the county, can’t they respect that choice. I pray that there are people in our county government that are willing to help protect those of us who want to stay in the country.

Marty Cotterman stated, I guess the one thing that I have and maybe he doesn’t have to disclose his plans at this point….

President Anderson stated, he doesn’t have to but, he can answer that.

Marty Cotterman stated, but, he’s not asking for that, I’m just kind of curious of what his plans are for this.

Attorney Altman stated, it doesn’t have anything to do with this…

Marty Cotterman stated, I realize that.

Attorney Altman stated, therefore it’s irrelevant and let's move on. I can tell you sweet lies if you want to listen but, let’s just talk about reality.

President Anderson stated, unless you want to respond to that.

Richard Wilken stated, R-2 pretty well explains what that is and you can pick up one of those from them or any place else but, that will tell you what I’m allowed to do and that’s single, on the R-2 I can stay single family homes.

President Anderson stated, are there any other questions from the audience? Are there any other questions from the Board? If not I say let's go ahead and vote.

An audience member asked, are you going to ask if there are people opposed to this like you did on the last one?

President Anderson stated, if you want me to I will.

An audience member stated, I would love that.

President Anderson stated, number of people opposed, do you want to stand up or raise your hands.

Attorney Altman stated, 12 people, including the two that raised their hands.

President Anderson stated, now, let's get a hand count on those that are in favor of it.

Attorney Altman stated, 3.

President Anderson stated, now let's go ahead and vote.

With no further discussion the Board voted.

The results of the vote were as follows: 0 affirmative and 8 negative. This will be presented to County Commissioners for their action.

Attorney Altman stated, it will be forwarded to the County Commissioners with no recommendation. That meeting is next Tuesday.

President Anderson stated, we don’t have the final say on this.

Attorney Altman stated, at 8:30 in the morning right here.

President Anderson stated, the Commissioners have the final say so you want to make sure that you’re here if you have feelings about it whether for or against.

Michele Wagner asked, do we have to be here in person or can we submit it in writing?

President Anderson stated, you can do that but, I will tell you what, it’s a lot better to be there.

Attorney Altman stated, do whatever you want.

****

#740 Richard G. & Nancy J. Wilken Revocable Living Trust; Requesting to rezone from R-4 to R-2 on 3.099 Acres. The property is located in Union Township on the South side of Norway Road, East of the golf course.

President Anderson asked, do we have anyone here representing this request?

Richard Wilken was present to represent the request.

President Anderson asked, do we have anyone here with any questions about this request?

Charlie Mellon stated, I know where that piece of ground is and it’s the hill right there angled around Norway, right there where they make hay off it, high ground and they mow hay off it. It’s real high and there won’t be any drainage problem or nothing and I would be for it.

Debbie Todhunter stated, I’m just here out of curiosity so, I’m just going to go back and sit down but, I was just curious of what you were going to do.

President Anderson asked, do you want to make a statement of what you might want to do with this property.

Richard Wilken stated, this was zoned R-4 sometime before I owned it, I don’t know when or how or anything else. I thought that it was A-1 and it’s R-4 which, is mobile homes. So, we’re also requesting that this gets changed from R-4 to R-2.

President Anderson stated, it would be two family dwellings instead of mobile homes.

Richard Wilken stated, yes.

President Anderson stated, the most that you could put on there would be two family, duplexes.

Debbie Todhunter stated, I was just curious what could go up there.

President Anderson stated, he could subdivide that into several lots.

Richard Wilken stated, it could either be single or two family homes.

President Anderson stated, if he gets that into a subdivision.

Jay Clawson stated, he’s making the zoning much better for you, as a neighbor.

Debbie Todhunter stated, I was just curious.

Jay Clawson stated, right now it’s R-4 which could be a mobile home park. He is going to an R-2 which, will probably be single family housing maybe, a duplex or two.

Debbie Todhunter stated, I didn’t know if he could put one duplex up there or he could put two or three.

Jay Clawson stated, only one dwelling per lot.

Debbie Todhunter asked, so is he considered one lot?

President stated, right now, it’s one lot.

Director Weaver stated, right now, it’s one lot.

President Anderson stated, he would have to subdivide that to put more than one dwelling on there and he could put several dwellings on there.

Steve Fisher stated, for a duplex, you have to have 10,000 or 12,000 square feet.

Director Weaver stated, 10,000 square feet, for a single family 6,000 square feet.

President Anderson stated, 10,000 square feet for each acre, you’re talking 4 lots possibly for each acre so, it could be up to 16 dwellings.

Art Anderson stated, that goes into another area that is about 2 years away from the sewer system so,, he’s going to luck out again so that area there is going to get a sewer.

Debbie Todhunter asked, that’s a definite?

Art Anderson stated, yes.

Richard Wilken stated, yes, and the sewer line would have made the property more valuable and it would have been gone as a complete unit.

President Anderson asked, do the Commissioners have any questions? Anyone else in the audience have any questions? If not let's go ahead and vote.

With no further discussion the Board voted.

The results of the vote were as follows: 8 affirmative and 0 negative. This will be presented to County Commissioners for their action.

Attorney Altman stated, it will be forwarded to the County Commissioners with a positive recommendation and that will be heard next Tuesday at 8:30 in the morning right here.

****

#741 Michael D. & Brenda J. Finnegan; Requesting to rezone from A-1 to R-2 on 6.734 Acres. The property is located in Monon Township on the West side of C.R. 300 E., just South of Monon Road.

President Anderson asked, do we have anyone representing this request?

Michael Finnegan was present to represent the request.

President Anderson asked, do we have anyone here in the audience with any questions about this request?

Mike Zarse asked, I’m an adjoining property and I was wondering about wetland area and what the classification is for that?

President Anderson asked, is there a wet land on this?

Director Weaver stated, part of the property is in a flood area which, would not be a buildable area.

Mike Zarse asked, could they fill that in?

Director Weaver stated, that would have to be done through the Department of Natural Resources.

Jay Clawson stated, they can’t fill that in without permits.

Mike Zarse asked, who would I see about that?

Director Weaver stated, the Department of Natural Resources in Indianapolis.

Don Ward stated, the Core of Engineers.

Mike Zarse stated, also, I was wondering about the wild life in the area. There is a lot of wildlife in that area and I have a list here, Exhibit A, of what has been spotted in that particular bay.

President Anderson stated, that is getting away from the purpose of the meeting today on that. There is wildlife all over the county.

Mike Zarse stated, I was just wondering because, it’s in a bay area that is secluded.

President Anderson stated, as far as in the…

Mike Zarse stated, the rezoning to residential.

President Anderson asked, is there wildlife on the property or is it in the water itself?

Mike Zarse stated, on both, I was just curious if they could just do away with all of that.

President Anderson stated, what we do is decide if we can change this into a residential area. You can bring that forward if you want. Do you want to put that into the record?

Mike Zarse stated, yes, if you could.

Michael Finnegan stated, if you would President Anderson, I would like to have that read.

Steve Fisher stated, there isn’t anything in our Ordinance about consideration of wildlife for a rezoning is there?

Attorney Altman stated, not specifically.

Steve Fisher stated, I don’t even think that we have considered it.

President Anderson stated, if it was conserved a wetland.

Director Weaver stated, I have no way of researching that, I can’t tell you.

Mike Zarse asked, would the Council get a hold of the Army Core of Engineers to find out or who would do that?

Don Ward stated, it would be his responsibility to do that, if he had questions about it.

Director Weaver stated, actually, I think that Soil of Water Conservation out here by Dobson Ford could answer that.

Don Ward stated, no, they can’t

Director Weaver asked, they can’t?

President Anderson stated, if it was on their wetland map they could but, it’s not. So evidentially, it’s not considered a wetland.

Ron Pollock asked, their high there?

Director Weaver stated, they are on the front side, the back of it is low. I tried to show that in my pictures.

Michael Finnegan stated, once you go down over the hill.

Director Weaver stated, yes, it’s low down there, I saw that.

Don Ward stated, you can’t fill that, you can’t fill into the waters in the State of Indiana without permits.

President Anderson asked, as far as we can enter these animals as part of your testimony in the area. Do you want to do that?

Mike Zarse stated, yes.

President Anderson asked, are there any other questions about this request?

Mike Zarse stated, no, I was just concerned about the wetlands and it is wet once you get out over the edge. The top of the hill is fine but, once you start there can you stop them?

President Anderson stated, he can’t fill that in.

Mike Zarse stated, that’s my question.

Director Weaver stated, that’s what Don said that they cannot do that without going through the Core of Engineers.

Don Ward stated, you can’t fill water in the State of Indiana.

President Anderson asked, is that water in that area or is that swamp in that area?

There was discussion among the Board members.

Jay Clawson stated, it’s not deep enough to run a boat through.

President Anderson asked, are there any other questions about the request? Does the Board have any questions? If not I say let's vote.

With no further discussion the Board voted.

The results of the vote were as follows: 6 affirmative and 2 negative. This will be presented to County Commissioners for their action.

Attorney Altman stated, it will be forwarded to the County Commissioners with a positive recommendation. You need 6 votes to do that.

****

#742 Todd Angle; Requesting to rezone from A-1 to R-2 on 2.482 Acres. The property is located in Monon Township at 8015 & 8018 N. 500 W.

President Anderson asked, do we have anyone representing this request?

Todd Angle stated, I was just told to come up here to the meeting today to see if there’s anyone not wanting it.

President Anderson asked, is there anyone here with any questions about this request? Do the Commissioners have any questions about this request? If not, I say let’s go ahead and vote.

Todd Angle asked, can I start building on this?

Steve Fisher stated, you’re not quite done yet.

Jay Clawson asked, just one lot? Is it not big enough to subdivide?

Director Weaver stated, it is big enough to subdivide. Jay, there was previously two homes on the property, there is only one now, at this time and yes, it is big enough to subdivide.

Attorney Altman stated, if you rezone it.

Jay Clawson asked, is Rose Acres across the street?

Director Weaver stated, yes.

Steve Fisher stated, caddy cornered.

Jay Clawson stated, to the West of him.

With no further discussion the Board voted.

The results of the vote were as follows: 8 affirmative and 0 negative. This will be presented to County Commissioners for their action.

Attorney Altman stated, it will be sent to the County Commissioners with a positive recommendation.

Jay Clawson asked, again that will be next Tuesday?

Director Weaver stated, yes, it will be heard again at the County Commissioners’ meeting, Tuesday at 8:30 in the morning.

Todd Angle asked, do I need to show up then?

Director Weaver stated, I will present it to them but, it’s just someone needs to be there.

Steve Fisher stated, you can have representation there.

Director Weaver stated, yes, you can have someone represent you.

Steve Fisher stated, or someone else.

****

#743 James A. & Tammy J. Halsema; Requesting to rezone from R-2 to R-4 on lots 4, 5 & 6 in Block 2, Moore’s Addition. The property is located in the Town of Brookston at on the Northwest corner of Moore Street and Second Street.

President Anderson asked, do we have anyone representing this request?

James Halsema was present to represent the request.

President Anderson asked, is there anyone here with any questions about this request?

Ann Kirsch asked, I’m adjacent to his property, I just need some information.

James Halsema stated, I’m under the grandfather clause, I have owned that part for 8 years now. There are just some older dilapidated type homes that are on the property now and I want to interchange. I want to upgrade as far as, there is like a 1965 mobile home on there. There is also a space between the two that I would like to put a new one in. I do have a resident up there, I do not own the property that he is moving so, I was wanting to put one in there and then blacktop the whole place just upgrade. I was under the grandfather clause and I was in the process of doing this when I came upon that I do need to rezone those so that everything coincides with what I wanted to do.

Ann Kirsch stated, according to your letter this is legally right now an R-2, R-2 is what?

Attorney Altman stated, one and two families.

Ann Kirsch asked, but, this property has been mobile homes, I have lived there 22 years next to it, this has been a mobile home park for 22 years at least, to my knowledge. So, why hasn’t this been addressed before? He is trying to get it to be a mobile home, R-4 which, is a mobile home situation right? Am I right on that?

Director Weaver stated, he is trying to bring it into compliance is what he is trying to do.

President Anderson stated, he was there before the zoning laws…

Ann Kirsch asked, and when did this zoning law, when was it established?

Director Weaver stated, originally in 1972.

Ann Kirsch asked, if it is approved to R-4, what are the specifications as far as closeness to my property and that type of thing.

President Anderson asked, do they have a setback?

Director Weaver stated, yes.

Steve Fisher asked, are you on lot #3?

Ann Kirsch stated, yes.

Steve Fisher stated, but, that’s already existing what is next to her.

Director Weaver stated, he can go as close as 6’ to your property line.

Ann Kirsch stated, this is a personal thing between him and me with this mobile home sitting on my property, I guess there is not a whole lot that I can do about that.

Attorney Altman stated, it certainly does, he would have to remove it.

Director Weaver stated, I have provided the Board a copy of the survey from your variance showing the one mobile home encroaching on your property.

James Halsema stated, I have a 99 year unconditional contract written through her, that I have paid through her notarized it’s 6” on her land.

Ann Kirsch stated, the very back.

James Halsema stated, at the very back, it has nothing to do with anything that either wanted it moved or me pay her cash to leave it there. So, I have a notarized, from the notary, a 99 year lease to leave my property 6” on her land.

Ann Kirsch stated, which, that was a big mistake at my time it was for 100 dollars. I was a single mother and desperate, so I signed this notarized statement that it was okay for him to have that 6….

Attorney Altman stated, we have 6’, you can’t have it there.

James Halsema stated, it’s not 6’, I’m talking….

Attorney Altman stated, 6’ setback if we rezone you have to get it into compliance.

James Halsema stated, so, I would have to pay to move this trailer in accordance 6’ setback on her property line?

Attorney Altman stated, back.

Jay Clawson stated, on your property, it has to be 6’ from your property line.

Attorney Altman stated, if it’s rezoned.

Jay Clawson stated, if we rezoned it, yes.

James Halsema asked, so, I would have to move that rather it’s been there for 11 years, 6’?

Director Weaver stated, actually, 10’ because, her survey shows that that mobile home is sitting 4’ on her property.

Don Ward stated, yes, that’s what this says.

Director Weaver stated, so, you would have to move it 10’ to the South.

James Halsema asked, to rezone this?

Attorney Altman stated, yes.

James Halsema asked, the other question that I have is, am I going to be able to put, I’m only going to be 6’ per trailer right? Like the one I want to put, the new one in which, would be in-between I don’t know, you have photos as far as….

There was discussion among the Board members and the audience members.

James Halsema state, there is a mobile home here, there’s one here and I’m wanting to put it in-between these two, right here.

Jay Clawson asked, Director Weaver, how many mobile homes could he put on here?

James Halsema stated, yes, she was going to give me that too.

Director Weaver stated, the requirement is 1 unit per 2,500 square feet of lot space.

Don Ward asked, 2,500?

Director Weaver stated, yes, I have not gotten the accurate measurements of his lots. I’m assuming that his are the same as hers, which is 50’, which means with his 3 lots he has 21,000 square feet.

Attorney Altman stated, so, he could put 3 on there.

James Halsema asked, 3 per lot?

Attorney Altman stated, 3 total.

Ann Kirsch stated, there are 6 there right now.

Director Weaver stated, no, he has 21,000 square feet.

David Rosenbarger asked, how many square feet does he need per trailer?

Director Weaver stated, 2,500 square feet.

Steve Fisher asked, do they have to be a certain distance from each other?

James Halsema stated, 6’.

Jay Clawson stated, 6’.

Director Weaver stated, 6’ and they have to meet the setback requirements.

President Anderson asked, what about parking?

James Halsema stated, I have substantial parking for all of them as far as black topping goes and all of that stuff.

President Anderson stated, so he could get 8.

James Halsema stated, there’s not room for 8. The only room that there is, is I have a 1965 that I’m moving out and I’m going to put a trailer in there. I have an existing mobile home that is the same size and same requirements, I don’t own that. I’m in the process of evicting, I’m going to put one there and then the offset, which is the only new spot that, I don’t have a trailer, it’s about 44’ in-between the 2 trailers.

President Anderson asked, so how many are you wanting total?

James Halsema stated, 7, the maximum of 7.

Attorney Altman stated, what it really amounts to is, if we rezone or not rezone, he has to comply and you have to decide.

James Halsema asked, so, if I decide tonight to rezone then the first objective is to move that thing 16’, right?

Attorney Altman stated, that would be the fist thing. The other thing is that the rest of them would have to come into compliance, whatever that is and Director Weaver would be glad to help you.

James Halsema stated, yes, I don’t want to commit to something and then all of a sudden I have to start jockeying around 3 or 4 mobile homes. That is going to cots me a fortune.

Director Weaver stated, they are not meeting current setbacks, I can tell you that.

James Halsema stated, yes, because, I was nice enough to give her encroachment on my existing trailer that is on there now.

Steve Fisher asked, what if he went to a special exception.

James Halsema asked, yes, can’t you file a variance as far as that goes as far as encroachment?

Attorney Altman stated, not on someone else’s property.

James Halsema stated, this is the same thing, she called over and wanted 2,000 dollars for the land that she has already signed over, I have been cordial as far as this goes.

Steve Fisher asked, could he, if he done R-4 on 6 and 5 and then went to a variance for 4 and used his lease could he do that or not.

Attorney Altman stated, the better planning would be, no.

Steve Fisher stated, well, it’s already in existence.

Attorney Altman stated, I don’t think so. It’s not in existence under the new zoning.

James Halsema asked, if I don’t rezone could you replace what has already been in there?

Jay Clawson stated, no.

An audience member stated, upgrade with newer mobiles instead of leaving the dumpy ones on there?

Jay Clawson stated, no.

Attorney Altman stated, no, you can’t upgrade.

James Halsema asked, so, being under the grandfather, I was allowed to have everything existing no, you want to benefit…

Attorney Altman stated, you didn’t have any existing.

James Halsema asked, so why would I have to move the 2 existing then to rezone? I don’t understand.

Jay Clawson stated, we can’t change the zoning in a nonconforming use, by law, we’re not suppose to.

Attorney Altman stated, that’s right.

Steve Fisher stated, we can’t make something illegal.

James Halsema stated, I understand that but this is even before zoning. So, these have been there, I really didn’t have any bylaws to go by at the time. So now, I know one trailer like she said that runs long ways that’s still encroaching, if I rezone then, I’m not only having to move that one I’m having to move the other one? Now, I’m into 4,000 to 5,000 dollars just to move those to just turn around, so either way I’m in a pickle. If I don’t rezone then what do you want me to do leave 1960 I can’t even rent it, it’s junk. So, am I just suppose to leave it there as an eyesore rather than trying to upgrade can I file a variance?

President Anderson stated, you can take it off but, you can’t put it back on.

Steve Fisher asked, which one is the 1960 that you’re talking about?

James Halsema stated, it would be on the corner of Second and Moore.

Steve Fisher asked, on lot #6?

James Halsema stated, yes, and then the new one that I wanted to put in, would be on second street in-between lots #3 and #5 I think, or something like that.

Ann Kirsch asked, if it’s an R-2 now, we have to put a residential one and two residential something there now as a right?

An audience member stated, it’s the same that that you have Ann.

Ann Kirsch stated, exactly, I’m trying to upgrade mine so the point being is that he has to come up to code on what is there if he wants to do this.

President Anderson stated, yes, he has to put everything into compliance.

Steve Fisher stated, the only way is if he could negotiate 6’ more the other way.

James Halsema stated, I let her come over just with the same variance so, now I have to go 10’ off of.

Mrs. James Halsema stated, if she gives us our money back we give her the paper.

Ann Kirsch stated, sure.

James Halsema asked, I don’t want to get into that legal stuff. That money doesn’t have anything to do with anything. I want to know legally what I can do. Do I have to get an attorney? Do I need to get an attorney to see if there is any bylaws that I can keep my existing trailers there and rezone to R-4? Is that what I really need to do? I’m not going to legally be able to afford to rezone and then try to upgrade to buy 3 mobile homes plus, move 2 more that I have people living in. I can’t just have them come in one day and say okay, we need to move this, this afternoon back it off 10’ and rerun septic and rerun gas. I have renters in both of these units there’s not possible way that I can do that. Even at best it would take 3 weeks to a month to rerun gas, septic, cable there’s really no feasible way to do that.

Attorney Altman stated, it has to be in compliance that’s all that I can tell you. If you rezone it, it has to be in compliance.

President Anderson stated, the only way to keep it as it is to leave it that way.

Steve Fisher stated, it’s existing…

Attorney Altman stated, and that makes it in compliance.

Steve Fisher stated, you’re not being…

James Halsema stated, okay, I said the guy that is getting evicted, I can’t even put a new mobile home in there due to the fact…

Attorney Altman stated, you can’t expand an nonconforming use.

James Halsema asked, under the grandfather, what does the grandfather allow me to do?

Attorney Altman stated, to be as you are.

James Halsema asked, what’s R-2 then? That is grandfathered.

Steve Fisher stated, it’s single family or duplexes, if you have enough area.

James Halsema asked, so if I had 3 lots…

Attorney Altman stated, you have 3 lots.

James Halsema asked, you can put 3….

Steve Fisher stated, he can’t because, its 7,500 square feet and he needs 10,000 square feet.

Ron Pollock stated, you don’t have enough land here for single family.

Jay Clawson stated, he would have to get a variance.

James Halsema asked, what route would I need to go then to get the 1965 off of there and put a new one, then put the other one along there and not even worry about putting the new one that I wanted to put in there?

Ron Pollock asked, wouldn’t you go for a variance?

Steve Fisher stated, I would either go for a variance or I would try to get 6 more feet off of lot #3.

Director Weaver stated, but, there has been a variance granted on hers.

Attorney Altman stated, she can’t allow it. She can’t sell it because, it’s subject to a variance.

James Halsema asked, so can I variance the one that would be roadside and variance the one that would be alley side?

Attorney Altman stated, you can request that, that’s the best that I can tell you. You can file a request to do that for the Board of Zoning Appeals through Director Weaver.

Director Weaver stated, something that I recommend that you do too, before you go any further than this because, all of the things involved go to the Town Board of Brookston. Talk to them and make sure that they are going to allow you to do anything with this anyway.

James Halsema stated, yes, I don’t have a problem with the Town Board. I went to them after you told me that the final appeal goes through the Town Board. I know them rather well, as far as letting them know, Max runs the city, as far as power and electric maintenance and all of that stuff. I have talked to him, what I wanted to do and he said that he would set my poles for me he would hook me up from the street to the city.

Director Weaver asked, but, will they allow you to put new mobiles in?

James Halsema stated, yes, I even came up here and got a permit which, I paid for to put another one in there but, at the time they didn’t know that it was under the grandfather. So, if someone else has been up there to take a look, Mr. Braaksma as been up there and I think that I have the paper there. He gave me approval to put one in there which, that’s not even my main concerns. If I can just get the junk off of there and the one that is not mine, I’m happy with the 5, if I can just put those in there, blacktop and mainly just clean it up.

Attorney Altman stated, you might consider a variance.

James Halsema stated, a variance would work just fine because, then all that I would have to do is get the 1965 off of Moore and Second.

Attorney Altman asked, do you want us to vote on this or are you going to table it?

Steve Fisher stated, I would suggest table it.

James Halsema stated, yes, because, then if you take me to R-4 and it votes yes, then I’m on a snag because, then I have to start moving some trailers.

Steve Fisher stated, yes.

James Halsema stated, let's table it.

Attorney Altman stated, okay thank you.

James Halsema asked, now, what do I do about filing a variance? I’m all new to this as far as this go, just talk to you.

Director Weaver stated, I have a handout over in the office. You have to have a survey done.

****

#744 Hanenkratt Grain Company, Inc.; Requesting to rezone from R-2, B-2 and A-1 to I-1 on lots 19, 20, 21, 22, 23, 24 in the Original Plat of the Town of Idaville & .64 of an acre. The property is located in Idaville, Lincoln Township at 208 E. U.S. Highway 24.

President Anderson asked, do we have anyone representing this request?

Dan Hanenkratt stated, this is just merely to bring our existing property into compliance. It’s on the East side of Idaville between U.S. 24 and the railroad tracks. The elevator is there, our office is there and we discovered that it wasn’t zoned properly so we’re doing this to get it zoned properly.

President Anderson asked, do we have anyone here with any questions about this request? Does anyone want to make any statements about this request?

Jerry Bonnell stated, I’m a resident from Idaville and I have lived there all of my life. I’m kind of curious of what he is proposing. When he updates, what are his plans, the reason that he wants to update? There must be some plans what he wants to do on that property. I’m kind of interested in it.

Dan Hanenkratt stated, we’re just proposing to get it into compliance for the use that it is serving.

Jerry Bonnell asked, but, there is no law saying that he has to do that, is there?

President Anderson stated, to meet with the Ordinances that we have, he should do that.

Jerry Bonnell stated, it has been this way all of this time, I don’t see why he has to do the “I” zoning.

Attorney Altman stated, the answer is, to be appropriate and correct yes, you would be required to do this. Could it stay this way, maybe but, it’s not complying with the ordinance and the law. Therefore, this is the better thing to do from his prospective to put it in compliance so, there is a law there is an ordinance that requires it, yes.

Jerry Bonnell stated, but that means that opens the ground on anything that he wants to do more or less.

Attorney Altman stated, no, it puts him in compliance with an I-1 and it would allow him to do what an I-1 says, that’s all. Now that may be a bunch but, that’s what it does more than that I can’t say because, I don’t know if there is more than that.

Jerry Bonnell asked, is there any footage that has to be from the railroad tracks or the highway? Does there have to be any certain amount of footage that it has to be in-between there? From the way that I understand the State, he tried to put grain bins and stuff in there and the state supposable stopped him.

Dan Hanenkratt stated, we have never tried to do anything over there. I’m sick and tired of you guys.

Jerry Bonnell stated, I’m sorry, I have a right….

Dan Hanenkratt stated, it’s ridiculous.

Jerry Bonnell stated, I live in that town, I have investments.

Dan Hanenkratt asked, where do you live?

Jerry Bonnell stated, I live right there in town.

Dan Hanenkratt asked, what does your house look like?

Jerry Bonnell stated, it doesn’t matter what my house looks like.

Dan Hanenkratt stated, I’m sick of this.

Jerry Bonnell stated, we’re sick of it too, we had the raw deal the last time. You guys broke the law to zone it and then you turned right around and zoned it. When the law said that you could not do it, you rezoned it anyway. You didn’t pay any attention, no one….

Dan Hanenkratt stated, let's just vote, this is nonsense.

President Anderson asked, broke the law?

Jerry Bonnell stated, it said that you had to have 22,000 square feet and he did not have 22,000 square feet when he rezoned that other one and you guys turned right around and let him rezone it.

Ron Pollock stated, we didn’t.

Jerry Bonnell stated, but, they did, the Commissioners and everyone did. I see a lot of new faces, you guys ask more questions in one meeting than anyone asked when we tried to do something about the other rezoning. They rezoned it, they shouldn’t have, the other one and you know we have a lot of concerns.

Charlie Mellon stated, you don’t need to tell this board. The Commissioners are the ones that did the final word.

Jerry Bonnell stated, but this Board…

Charlie Mellon stated, this Board denied it here.

Dan Hanenkratt stated, that’s for sure.

Charlie Mellon stated, it was denied at this Board.

Jerry Bonnell stated, I realize that, we wasted all of our time the last time.

Charlie Mellon stated, and you’re wasting more of it.

Jerry Bonnell stated, yes, that’s right, they are going to do what they want to do.

Dan Hanenkratt stated, let's vote.

President Anderson asked, do you have anything else that you want to state on that?

Jerry Bonnell stated, I would like to know what he is planning on doing after he goes to I-1 is what I want to know.

President Anderson asked, do you want to respond to that?

Dan Hanenkratt stated, like I said before, we don’t have any definite plans for anything. We’re just tying to get it into compliance.

President Anderson asked, do we have anyone else that has any questions about this request? Do you have any other questions?

Jerry Bonnell stated, no, I would just like to, I belong to Idaville Greenstreaks Foundation and we just would like to know what we’re dealing against.

President Anderson stated, as far as that, that’s all that we can tell you right here is what he said. If he goes in, he’s trying to bring it into compliance with what the Zoning Ordinance says and as far as what he can put on there we can’t dictate what he puts.

Jerry Bonnell stated, I don’t see why he has to upgrade it right now, it’s been that way all of this time.

Attorney Altman stated, because, he wants to do it, he is allowed to do it and that’s all that I can really say to you. He is allowed to request it, we must vote on it and carry through, that’s all that I can say.

Steve Fisher stated, everything that is on there now is not going to change. If he decides that he wants to do something else, he is going to have to conform to the setbacks and the Ordinance. So, anything else that he would propose to do he is going to have to follow the Ordinance to do it.

Jerry Bonnell stated, right now, he is planning on putting corn silos a few feet from houses right now. We’re concerned about what he is going to do up there, they let him put corn silos right next to our houses, right down in the middle of Idaville.

Ron Pollock stated, that’s because, the Commissioners voted that way. We didn’t recommend it.

Jerry Bonnell stated, yes they did and they recommended it.

Ron Pollock stated, we didn’t.

Jerry Bonnell stated, yes, there was one that didn’t out of all of them. Maybe you guys there are some new faces but, out of all of them there was only one that was denied against it, didn’t recommend it.

President Anderson stated, it was given a positive recommendation.

Jerry Bonnell stated, there was one that didn’t, out of all of them, they didn’t listen, no one wanted to listen to what we had to say and it went on and it never got stopped.

President Anderson stated, we’re going beyond this too, does anyone else have any questions? Do the Commissioners have any questions about this request? If not let's vote. I do have one question, he said that we did something against the law?

Director Weaver stated, it wasn’t against our Ordinance, it wasn’t meeting the size requirements the lots that we rezoned, wasn’t meeting the minimum size requirements. No where in our Ordinance does it state that it has to.

With no further discussion the Board voted.

The results of the vote were as follows: 8 affirmative and 0 negative. This will be presented to County Commissioners for their action.

Attorney Altman stated, it will be forwarded to the County Commissioners with a positive recommendation and that will be next Tuesday at 8:30 in the morning right here.

****

#745 Bank of Wolcott Trustee Trust #1032; Requesting to rezone from A-1 to R-1 on 10.00 Acres. The property is located in Honey Creek Township on the North side of C.R. 225 N., just West of C.R. 300 E.

President Anderson asked, do we have anyone representing this request?

Bob Wrede was representing the request.

President Anderson asked, do we have anyone here with any questions about this request? Do the Commissioners have any questions about this request? If not let's go ahead and vote.

With no further discussion the Board voted.

The results of the vote were as follows: 8 affirmative and 0 negative. This will be presented to County Commissioners for their action.

Attorney Altman stated, this will be forwarded to the County Commissioners which will be next Tuesday at 8:30 in the morning right here.

****

#254 Michael Brown; Requesting approval of a 2 lot subdivision to be known as Brown Acres Subdivision on 2.35 Acres. The property is located in Monon Township at 4520 W. 850 N. Tabled from January 8, 2001.

President Anderson asked, do we have anyone representing this request?

Michael Brown was present to represent the request.

President Anderson asked, do we have anyone here with any questions about this request?

Jay Clawson asked, why was it tabled?

Attorney Altman stated, we wanted some things added to the plat.

Director Weaver stated, this has not been heard yet, Attorney Altman, this is the first time that it has been heard.

Jay Clawson asked, did he not show the last time?

Director Weaver stated, right.

Michael Brown stated, yes, I didn’t make it the last time.

Director Weaver stated, the time before that we did not have a meeting.

President Anderson asked, is this primary and secondary?

Director Weaver stated, primary and secondary.

President Anderson asked, does it meet all of the requirements?

Director Weaver stated, yes, there are no roads to be put in or anything, there are existing roads. Drainage, I believe that we received a letter from the Surveyor’s Office on that, if you will check in the file. Attorney Altman did have a concern about the drainage ditch on the East side, I took some pictures of it, that’s just mainly just a lower area. It’s not a county drainage ditch at all, it’s not a significant drainage area at all.

President Anderson asked, do the Commissioners have any questions at all?

Steve Fisher asked, Mr. Brown you understand that the dwelling on lot #2 is going outside of the lines? If anything would happen to that residence if it burns or gets destroyed…

Michael Brown asked, which side?

Steve Fisher stated, this dwelling here, it will not be able to be replaced in that area.

Michael Brown stated, the old house is going to be torn down before too long, it won’t last that much longer.

Steve Fisher asked, your only buildable area is the dotted lines here, you won’t be able to build outside of those lines, and do you understand that?

Michael Brown stated, yes.

Attorney Altman stated, yes, so that you understand?

Michael Brown stated, right, but it can’t be added on the front? It could be on back, right, since the back is already in the square? Since the house is already there?

Attorney Altman stated, as long as it is in.

Steve Fisher asked, he can’t remodel on the front though?

Attorney Altman stated, correct.

President Anderson stated, let's vote primary approval.

With no further discussion the Board voted.

The Primary Approval Request for a 2 lot subdivision to be known as Brown Acres Subdivision located in Monon Township, was approved by a vote of 8 to 0, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met.

Attorney Altman asked, is this ready for secondary ballot?

Director Weaver stated, yes, it is.

President Anderson asked, there aren’t any improvements that need to be made on it?

Director Weaver stated, no.

Attorney Altman stated, none whatever.

With no further discussion the Board voted.

The Secondary Approval request for a subdivision to be known as Brown Acres Subdivision located in Monon Township, was approved by a vote of 8 to 0, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met, primary approval has been granted and the Subdivision is in compliance.

Attorney Altman stated, this will be ready to be recorded in 10 days.

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#255 Charles VanVoorst; Requesting primary and secondary approval of a 2 lot subdivision to be known as VanVoorst Subdivision on 0.54 Acres. The property is located in the Town of Reynolds at 207 & 211 German Street.

President Anderson asked, do we have anyone representing this request?

Charlie VanVoorst was present to represent the request.

President Anderson asked, do we have anyone here with any questions about this request? Do the Commissioners have any questions about this request?

Attorney Altman stated, the only question issue that I had, the driveway.

Director Weaver stated, we could only hear this for primary. Attorney Altman, check and make sure that there isn’t a secondary plat in there.

Attorney Altman stated, I didn’t see it in there either.

Director Weaver stated, I have been gone for over a week. Mr. Milligan did not get us a secondary plat so we are only voting on primary.

President Anderson stated, we didn’t get the secondary plat, so we can only do the primary on this.

Attorney Altman asked, does this meet the standards of the Subdivision Ordinance?

Director Weaver stated, yes, it does.

Steve Fisher stated, roadway is drawn…

Attorney Altman asked, stone drive…

Steve Fisher stated, stone drive and usually in subdivisions they don’t have the roadway drawn across the property lines like that. What is the deal?

Attorney Altman stated, I was trying to figure that out myself, just how to handle that.

Don Ward stated, each has their own.

Attorney Altman stated, usually, you don’t have that drawn in. You just have it so that they have access and I guess that I was going to interpret that it was going to be a surplus. Since there are no restriction intended, that it was just there and available and really didn’t cause an issue or problem because, if it being right along German Street.

Steve Fisher stated, but, if you have one neighbor that gets mad at another neighbor.

Charlie VanVoorst stated, he just widens his own.

Attorney Altman stated, just widens his own and goes on his own way. I didn’t see that as a question about the subdivision, complying with the Ordinance, it was more surplus.

Don Ward stated, it’s not a common drive, it’s just a slight area for each one to use.

Attorney Altman stated, it’s not drawn up to be a common drive and it’s not shown to be a common drive, there’s no easement there.

Steve Fisher asked, it really shouldn’t be on there, right?

Attorney Altman stated, I consider it a surplus. If they want to put it on there, I don’t mind from a legal point of view, I don’t mind.

Steve Fisher stated, just asking.

Attorney Altman stated, I agree I have been struggling with that and that’s the best position that I can come to because, I don’t think that it hurts anything from a subdivision point of view. Don Ward, if we ask for us to receive stipulation on the actual secondary plat, it will be the same as the primary plat. The only additions would be the requirements for it being recorded and added to it, could we proceed with a secondary approval of this?

Don Ward stated, I don’t see why not.

Director Weaver stated, the Board doesn’t normally get a copy of the secondary plat and your primary one is where all of your information is at.

Attorney Altman stated, again, that’s what I understand the situation to be but, it would be the same submitted except of course that they add things where you have to sign and that so that it can be recorded.

Charlie VanVoorst asked, so, are you going to do the secondary tonight also?

Attorney Altman stated, based upon that understanding.

Director Weaver stated, and because we had all of your drainage and everything, we have all of that. What you need to do though is get in touch with Jim and tell him that we have to have that in here.

With no further discussion the Board voted.

The Primary Approval Request for a 2 lot subdivision to be known as VanVoorst Subdivision located in Town of Reynolds, was approved by a vote of 8 to 0, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met.

Attorney Altman stated, based upon that understanding and stipulation we are passing out secondary ballots.

The Secondary Approval request for a subdivision to be known as VanVoorst Subdivision located in Town of Reynolds, was approved by a vote of 8 to 0, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met, primary approval has been granted and the Subdivision is in compliance.

Attorney Altman stated, based upon the stipulations.

****

President Anderson stated, next on the agenda is business.

Director Weaver stated, first, I think that we need to introduce our new Board member, David Rosenbarger, he is replacing Ray Butz, from the Town of Brookston. Secondly, I sent out a newsletter to the Board members, I would like a little bit of input back from that. Is it something that is worth my time to do for you? Do you want to see that?

Jay Clawson stated, I like that. Who else did you send it out to?

Director Weaver stated, both Boards, that’s all. Another thing, Gary Barbour has mentioned to me too, that we use to send out copies of the permit list of who permits were issued to in the previous month. Is there anyone else that would like to receive that? If not, we’ll just sent it to Gary Barbour but, if there are others interested we will start sending them out. I have some information up here on workshops also, that are coming up. One, is one that we have had before, Nitty Gritty Work of Plan Commissions the other is, Greg Bossaer brought this to me this afternoon, The Ultimate, I really haven’t had a chance to look at these. Indiana Farm Bureau is evidently who is putting this on. I have a couple flyers on this if your interested. We do have money now to pay for the registration fees, so you don’t have to pay it out of your pocket.

Attorney Altman stated, the only other thing that I would mention is that they have had a very good workshop on county planning, not just zoning, it’s way beyond that. They are going to have a meeting there the 15th and I would recommend every one of you to go to it.

Director Weaver asked, are those, the ones that I had started attending?

Attorney Altman stated, yes, and Director Weaver had sent a letter out and I thought that was a very good suggestion. You’re input will be welcome by the citizens of White County.

President Anderson asked, do we have a motion to adjourn?

Ron Pollock made a motion to adjourn.

Jay Clawson seconded the motion.

****

The meeting adjourned.

Respectfully submitted,

Donald W. Ward, Secretary

White County Area Plan Commission

Diann Weaver, Director

White County Area Plan Commission