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

Members attending were: Gary Barbour, David Rosenbarger, Charles Anderson, Ron Pollock, Scott Kyburz, Gregory Bossaer and Rick Raderstorf. Also attending were Attorney Altman and Director Weaver.

Visitors Attending were: Otto Leis, Todd Angle, Herb Hunt and Dennis Burcham.

The meeting was called to order by President Charles Anderson and roll call was taken. Ron Pollock made a motion to dispense with reading and approve the minutes of February 12, 2001. Motion was seconded by Greg Bossaer and carried unanimously.

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#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. Tabled from February 12, 2001.

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

Director Weaver stated, that is tabled until next month.

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#746 Dennis & Karen Burcham; Requesting to rezone from A-1 to R-2 on a 75’ x 164’ parcel of ground. The property is located North of Monon at 8242 N. Meridian Road.

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

Dennis Burcham was present to represent the request.

President Anderson asked, do you have anything that you want to say about this request?

Director Weaver stated, he is rezoning the property, it is a very shallow piece of property between the railroad tracks and a State Road and because of the shallowness of this property, instead of requesting a variance it made more sense for him to rezone this property to an R-2. He

started a room addition and that is the reason that he is going through with this now because, it does not meet the setback requirements.

Dennis Burcham stated, I took the advise of my contractor. He advised me to follow through with this, have the room built and come in the spring to do this. I don’t know who or what turned me in so, I’m here now to make good on this.

President Anderson asked, you’re contractor advised you to do it without a permit?

Dennis Burcham stated, yes, believe it or not.

President Anderson asked, who is your contractor?

Dennis Burcham stated, it was Mike Kitchell of Brookston, well Lafayette rather.

President Anderson asked, do the Commissioners have any questions on that? On the septic are you adding any bathrooms or anything?

Dennis Burcham stated, no, just a family room addition.

Director Weaver asked, is the addition 32’ back from the road?

Dennis Burcham stated, yes, it’s more than 32’ back.

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

Attorney Altman stated, I can’t believe that a contractor….

Gary Barbour asked, is the building inspector going to have a conflict with his contractor now?

Director Weaver stated, that’s not how we found out about this. The way that we found out about this situation is, someone came in and asked about setbacks and we kept track of this information, and when they did not come back we kept an eye on the property. No one turned you in.

Dennis Burcham stated, okay.

Director Weaver stated, it was caught because, someone came into the office and was asking questions.

President Anderson asked, does anyone here in the audience have any questions about this request? I say that we go ahead and vote. In the near future I wouldn’t do business this way.

Dennis Burcham stated, I learned my lesson the hard way sir.

Director Weaver asked, what is your contractors name again?

Dennis Burcham stated, Mike Kitchell.

Attorney Altman stated, get the address, do you have that?

Director Weaver stated, we will get that at the time that we issue a permit.

With no further discussion the Board voted.

The results of the vote were as follows: 7 affirmative and 0 negative. This will be presented to County Commissioners for their action.

Attorney Altman stated, they meet next Monday at 8:30 in the morning right here. That’s where the final say will be.

President Anderson stated, they are the ones that have the say on that so, you had better be here.

Dennis Burcham stated, I will be.

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#256 Todd Angle; Requesting primary and secondary approval of a 2-lot subdivision to be known as Angle Acres on 2.482 acres. The property is located in Monon Township at 8018 N. 500 W.

President Anderson asked, do we have anyone present to represent this request?

Todd Angle was present to represent the request.

President Anderson asked, do the Commissioners have any questions about this request? Does it meet all of the standards of the subdivision?

Director Weaver stated, it does meet all of the…

President Anderson asked, secondary improvements?

Director Weaver stated, no, there is an existing road there. There are no improvements to be made.

President Anderson stated, I would say if we don’t have any questions, let's go ahead and vote.

With no further discussion the Board voted.

The Primary Approval Request for a 2 lot subdivision to be known as Angle Acres Subdivision located in Monon Township, was approved by a vote of 7 to 0, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met.

Attorney Altman asked, this is ready for a secondary vote, is that right?

Director Weaver stated, yes, it is.

Attorney Altman stated, there are no improvements.

Greg Bossaer asked, how come Director Weaver, that one lot serves two?

Director Weaver stated, I’m glad that you mentioned that, I meant to bring that up. This does have a shared well or is going to have a shared well?

Todd Angle stated, no, I’m going to have to build a new house over on the other parcel and it’s going to have it’s own well and septic tank. Mine is going to keep, the one that was going to two and now it’s just running to one.

Greg Bossaer asked, each one, is going to have a separate one?

Todd Angle stated, yes.

President Anderson asked, if it’s the same individual that had that piece of property you could probably do that couldn’t you?

Director Weaver stated, well, at this time it is but, in the future if they sold it that could cause problems.

Jay Clawson stated, if there’s, that’s not uncommon.

Director Weaver stated, no, but, I felt like we should probably put something on the plat. So that a future owner would be aware of the fact that it’s a shared well.

President Anderson stated, which you might want to change if you get the other well drilled then if it’s on the plat.

Director Weaver stated, it’s not on the plat.

President Anderson asked, it’s not on the plat?

Director Weaver stated, no.

Attorney Altman stated, I was looking and I did not see it on the plat.

Director Weaver stated, no, it’s not, it’s in the report that came with the plat.

Attorney Altman asked, so the plat does not have to be changed. It meets the standards for that?

Director Weaver stated, yes.

President Anderson asked, do we have any other questions? If not, I say let's go ahead and vote.

With no further discussion the Board voted.

The Secondary Approval request for a subdivision to be known as Angle Acres Subdivision located in Monon Township, was approved by a vote of 7 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.

Director Weaver stated, there is a 10-day waiting period before that can be recorded. You can come in anytime in that 10 days and sign the plat.

Todd Angle asked, about the other place, where I had it zoned off, can you start building on that? They are supposed to put a new building on that.

Director Weaver stated, once the plat is recorded then we can do a building permit.

Todd Angle asked, you have to wait?

Director Weaver stated, we can’t do that until after 10 days.

President Anderson stated, yes, you need to get your building permit.

Todd Angle stated, they are going to bring in a new modular. So, I figured that they were going to get the building permits and everything. I didn’t know if I had to go down to sign the…

Attorney Altman stated, I bet you that they have it for you to do that, they generally have set that up.

Director Weaver stated, when you come in to sign the plat, we will give you the information of what you will need to do to get the building permit.

Todd Angle asked, 10 days?

Director Weaver stated, anytime within 10 days.

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#257 Herbert Hunt; Requesting primary and secondary approval of a 1 lot subdivision to be known as Hunt’s Riverside Park #5 on 0.411 of an acre. The property is located in Liberty North of Buffalo on Valley Court.

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

Herbert Hunt was present to represent the request.

President Anderson asked, does this meet all of the ordinance of the subdivision?

Director Weaver asked, I have one concern with this. I requested some information, this is in a flood area I have requested information from the surveyor on that and I really was not satisfied with what we got. They don’t intend to build on this lot, is that right? They are not intending to build on this lot it’s mainly for parking, correct?

Herbert Hunt stated, that’s what I understand. That’s my understand, they want it for storage, I think that they own property there and they just want this to put stuff…

President Anderson asked, do you have any idea whether that is in the flood plane or not in the flood plane?

Hubert Hunt stated, the whole thing is in a flood plane, it has been for 40 years. When I went out to put the sign up, 10 or 12 days ago, the area where I went, it was a little wild standing on a little bit of a log to get it around the tree but, it doesn’t look like it’s any worse than any of the other property along the river there.

President Anderson asked, do the Commissioners have any questions?

Attorney Altman stated, the information with the plat says that the IDNR has estimated that the 100-year flood elevation of that 659 and the elevation shown on the plat is 653 obviously, that sum is lower than that.

President Anderson asked, so, part of it is going to be at least 6’ under in a 100-year flood?

Attorney Altman stated, yes.

Director Weaver stated, in order to be able to build, you have to build at least 2’ above that 659.

Attorney Altman stated, since they are wanting to park on it and do that sort of thing no buildings on it, it is okay to file it that way with that note on the plat. If they build on it they have to bring in fill so that they can do that.

President Anderson stated, bring it up to that.

Attorney Altman stated, bring it up to at least that so that the septic would work and that sort of thing.

David Rosenbarger asked, why would you subdivide it for a parking lot?

Director Weaver stated, because of the way that our rules are, to divide property they can not divide anything off less than 1 acre. My other thought was to possibly note on the plat that it’s a non-buildable lot. I don’t know if that’s feasible or not but, that was my thought.

Attorney Altman stated, at that elevation I don’t think that bothers him because, they are going to use it…

President Anderson asked, you wouldn’t care about that?

Herbert Hunt asked, I don’t see where that would make any difference. What were you saying that it’s like 6’ low?

Director Weaver stated, yes.

President Anderson stated, actually, it has to be 2’ above…

Director Weaver stated, to build on it, it has to be at least 2’ above.

President Anderson stated, the highest part of it is 8’ for the low.

Attorney Altman stated, I guess, I agree that way too, they put the highest elevation on there it’s hard to know when only one elevation is on there. If the other one is 2’ lower, a margin lower, or the margin higher.

Rick Raderstorf stated, you can only go 1’ intervals so probably just 1’ its basically low but, it’s basically flat out there.

Attorney Altman stated, I agree it’s flat.

President Anderson stated, part of it’s going to be 8 ½’ to low and the other part is going to be 7 ½’.

Rick Raderstorf asked, if they ever build, they wouldn’t they have to go through…

Director Weaver stated, they would have to go through the DNR. My thought is, if you make it a non-buildable lot then they wouldn’t, it would clear up any confusion.

Gary Barbour asked, what if they wanted to come back later, back fill it and build on it. Are you going change that?

Director Weaver stated, I don’t know that you can back fill in a flood area.

Rick Raderstorf asked, that’s what I’m saying, is that for our Board something for us to say or not?

Attorney Altman stated, I think that it is because, it’s a plat.

Rick Raderstorf stated, I guess that some of those homes are that high above.

Director Weaver asked, some of it’s been there a while I think. Haven’t we made non-buildable subdivision before when they build across for septic systems?

Attorney Altman stated, yes, we certainly have. Whether they want to do it like they want to do this, they have a specific reason why they want it. It’s a good reason have room and then I think that it’s totally legitimate to note that on the plat and everyone is being well served.

President Anderson asked, so we’re going to have to note that in?

Attorney Altman stated, yes.

President Anderson stated, condition that it’s a non-buildable lot.

Attorney Altman stated, non-buildable lot right. Add that notation on that this is is an appropriate division.

President Anderson asked, is there anyone else that has any questions? Is there anyone in the audience with any questions on this?

Attorney Altman stated, no, it’s not a conditional condition.

President Anderson asked, but, has it met the standards of the subdivision other than he can’t build on it?

Director Weaver stated, yes.

Attorney Altman stated, that will be noted on the plat.

With no further discussion the Board voted.

The Primary Approval Request for a 1-lot subdivision to be known as Hunt’s Riverside Park #5 located in Liberty Township, was approved by a vote of 7 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 a secondary?

Director Weaver stated, yes, it is.

With no further discussion the Board voted.

The Secondary Approval request for a subdivision to be known as Hunt’s Riverside Park #5 located in Liberty Township, was approved by a vote of 7 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, with the notation on the application, it will appear on the plat that it is a non-buildable lot.

President Anderson asked, what does he have to do?

Director Weaver stated, we have a 10-day waiting period but, your dad can come in at anytime during that 10 days and sign that plat, it’s in our office. After the 10 days is up, then it can be recorded. Jim Milligan usually gets that done.

Herbert Hunt asked, he does that?

Director Weaver stated, yes, so all that you need to do at this point is come in and have him sign it.

Attorney Altman stated, just remind him to put on there a non-buildable lot.

Director Weaver stated, yes.

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President Anderson asked, do we have any business?

Director Weaver stated, yes, I have a couple of things. The building inspector, he has sent his Ordinance down to the State hopefully, he will start doing inspections sometime next month. I have talked to Attorney Altman about this, we do have to do a repealer of some of our Ordinance because, and our Ordinance is going to conflict with his Ordinance. Attorney Altman, have you done anything with that?

Attorney Altman stated, yes, I just wanted to have it, essentially what I’m doing is just preparing enough of a repealer to take that out of our Ordinance, the building permit occupation permit out of our Ordinance because, he will be taking and doing that.

President Anderson asked, is he using State Standards is that what he is going by or the Federal Standards.

Director Weaver stated, State Standards, State Codes but, he will be the one to issue permits now. We are still going to, the procedure is pretty much going to stay the same. The information is still going to be brought into our office we, don’t have it decided how it’s going to work exactly yet but, it’s still going to come in through our office. I will sit down, I will review the permits to make sure that they meet our requirements as for zoning and setbacks, then he is also going to review them to make sure that they meet his requirements and then he will be the one that actually signs the permit. They will still be, I think at this point, I think that they are still going to pick them up in our office because, he is not going to be in the building other than a ½ of an hour each morning. So I think preference wise, for the people, it’s pretty much going to stay the same.

Ron Pollock asked, his office will be in yours?

Director Weaver stated, it’s not at the moment, I think down the line it will be. There has been a little bit of discussion about renovating our office to where we can add room for him, nothing is finalized at this point. That’s all that I have about that. The other thing, I don’t know if any of the County Commissioners have been in contact with any of you, we sent a rezoning to them at their last meeting, the last meeting in February for Wilken’s. They have tabled this request until their March 19th meeting because, they were going to try to talk with some of our Board members to figure out why we voted the way that we did on this request. I couldn’t give them any information because, our ballot is a yes/no ballot, so don’t be surprised or feel free to call some of the Commissioners and discuss this situation with them because they have tabled it. They want more input from our Board as to why the vote was the way that it was.

Attorney Altman asked, Wilken was the very first…

Director Weaver stated, Wilken is the one that is down on the corner of Chalmers Road and 450 East, they were rezoning, I believe, 27 acres. So, please feel free to call the Commissioners and talk with them. We had several people here fighting that request so, they would like more information from our Board as to why the vote went the way that it did and talking with David before the meeting, he is on the Town Board of Brookston and they have also had this problem when a request comes to them. There is no reasoning why it was voted on the way that it was.

David Rosenbarger asked, part of it is, not so much reasoning, I found in here this Board would send it off to the County Commissioners, Town Council, City Council, you have 3 choices, no recommendation favorable or unfavorable. Going back to the Town position, when we get something from the Area Plan with a no recommendation we’re lost. Then we have to get the book out even if it is 5 to 5 vote or whatever, if it comes into us what are the guidelines for a non-favorable response?

Attorney Altman stated, if it’s less than 6 votes it’s no recommendation it’s just the way that it comes out just by the terms of the State Statue.

David Rosenbarger asked, what would it take for them to get an unfavorable recommendation?

Attorney Altman stated, they have to have the ruling as favorable, or it is no recommendation.

David Rosenbarger stated, I was just reading by what is in here, you have 3 choices and I know with our minutes from the last meeting on the A-1 to R-2 question of the Commissioners, that was voted down 8-0 and we sent it to the Commissioners with no recommendation.

Attorney Altman stated, and that’s what it amounts to. I view it almost, if I was looking at it, I would look at the number of people and probably talk to them.

David Rosenbarger stated, but, I meant as a Board, that’s where we’re confused. When there is no recommendation then the Commissioners or the City Council has to go back to this book and try to figure out why…

President Anderson asked, does the State give us 3 options?

Director Weaver stated, yes, they do. I have a copy of the State Code here just because, I was researching on Wilken’s. We have to decide if it’s a favorable recommendation, unfavorable recommendation or no recommendation, that is our 3 options.

Greg Bossaer stated, and always before we only did 2, either favorable or no recommendation.

David Rosenbarger asked, as a City Board or a Town Board is there any way, what would it take to get a favorable recommendation? This Board knows the rules and the best use of that land.

Director Weaver stated, my feelings on that from past experience, I was thinking that an unfavorable recommendation was when it was unanimously voted against from our Board and a favorable recommendation was an unanimously approved anything in-between, I was thinking was….

Attorney Altman stated, you have to get 6 votes to get a favorable recommendation. We have not had, we have been yes/no on our ballot.

David Rosenbarger stated, what I as getting at is, if it takes 6 to get a favorable, if you get 6 no’s that would be unfavorable.

Director Weaver stated, unfavorable.

President Anderson stated, to me it would be.

Director Weaver stated, yes.

David Rosenbarger stated, that’s the way that I’m looking at this but, that’s what I was asking. It would sure help Brookston down there, I don’t know about the other Town Councils. It’s more cut and dry if it comes back good or bad and then the one in the middle, they have to decide.

Director Weaver stated, which would be no recommendation.

Attorney Altman stated, I have no trouble doing that. It’s 6 of no…

President Anderson stated, if they are going to add more additions with the septic that close, put that thing in with the new septic systems but, if they are not going to have that I don’t want to have that small of lots.

Director Weaver stated, they presented to us, a lot lay out after our meeting and I believe that it’s like 43 lots that they are proposing to put in there.

President Anderson stated, which, is a small city with no septic.

Ron Pollock asked, what are we doing on this Crystal Clear thing?

Director Weaver stated, Crystal Clear actually, I have two building permits in my office right now up in the Buffalo area. One is for Crystal Clear Filtration and one is for Lee Machine. They are both wanting to build an addition on to their existing buildings and neither one of these properties are zoned properly, they are all zoned A-1. What has happened is, when we took in Liberty Township, Area Plan did not do new zoning maps, we used the zoning maps that were done in 1972, I believe, therefore all of these businesses that are listed here are improperly zoned except I question the FOP Lodge. I don’t know that they are improperly zoned, I think that they probably fall in an A-1 zoning, possibly could fall in an A-1 zoning.

President Anderson asked, these are existing buildings that should have been grandfathered in the businesses?

Director Weaver asked, that’s right, so the question has been presented to me, instead of each of them rezoning, can the Area Plan do a rezoning for them?

Attorney Altman stated, yes, they can.

Director Weaver stated, and I knew that had been done in the past but, I didn’t know what the circumstances were.

President Anderson asked, would we have to vote on that?

Attorney Altman stated, we could initiate a rezoning. There are two ways to initiate a rezoning, we can or the majority of the property owners of a particular area, can initiate a rezoning. Usually that means that the owner does, I guess that I would probably recommend that we get all of them to sign a request of rezoning but, I have no trouble putting it under the title of our office.

Director Weaver stated, our office requesting.

President Anderson asked, would you have to advertise that around to the neighbors?

Director Weaver stated, we do it just like a regular rezoning.

Attorney Altman stated, I would do it just exactly like one, having no trouble at all about showing…

President Anderson asked, we would have to hear that here but, we would be the representatives for that then, or would we have them come to that.

Attorney Altman stated, I would have them here.

President Anderson stated, but, if we’re doing it then there is no cost to them.

Attorney Altman stated, and if it’s a truly…

Director Weaver stated, they will each have to provide me a legal description to do this.

Attorney Altman stated, they need to get the information because, we would need that anyway and they want to have it so when they do a bank survey that it’s all there.

Ron Pollock asked, is that like a grandfather?

Director Weaver stated, they are currently but, they can not do any changes.

David Rosenbarger asked, what about the blocks like between 4 and 5 and around the corner between 5 and 7. Between 5 and 6 there are two lots, with nothing.

Director Weaver stated, between 4 and 5, I believe that is a vacant lot.

Jay Clawson asked, lot #7 is…

Director Weaver stated, #7, they have requested a rezoning, I was not going to include that in this, they were denied a rezoning through us, well, through the Commissioners.

A Board member asked, do you remember what he was trying to rezone to?

Director Weaver stated, he was wanting to do automotive.

David Rosenbarger asked, he was A-1, now?

Director Weaver stated, yes, I believe so. So, I was not going to include that request since they have tried to do a rezoning and was turned down.

David Rosenbarger asked, if the owner of that vacant lot between 4 and 5, is that owned by 4 or 5?

Director Weaver stated, I can not tell you that, I don’t know.

David Rosenbarger asked, are we going to have to go around it or try to get them to go with it?

Director Weaver asked, there has been another zoning request on the North side of the road as well for a car lot and that was also turned down, I believe directly North of number 7. Rick Raderstorf, do you remember was that right beside Joe’s Bargains?

President Anderson stated, same guy, trying to do it…

Rick Raderstorf stated, I was thinking it was….

President Anderson stated, the same guy was trying to get the same car lot going.

Director Weaver stated, it was two different people.

Attorney Altman stated, it was a different guy.

Director Weaver stated, well, the request that came in here was two different people.

President Anderson stated, it was two different people but, it was the same guy.

Director Weaver asked, that might be, Attorney Altman, is it up to me to discuss with these people what these businesses are, to what zoning we want to request for each piece?

Attorney Altman stated, I sure would.

President Anderson stated, I would just change the existing one right now, if we’re going to do it as a group, if we try to go unless, they own those other lots.

Director Weaver stated, okay.

Attorney Altman stated, I would not go bigger than present use.

Director Weaver stated, now, the property on the South side of the highway between #7, #8 just right along the highway, we have done a rezoning on that, and it’s zoned B-2. The owner came in, it was a new subdivision and the owner came in and requested that zoning that was the purpose that he developed those lots was for business.

David Rosenbarger asked, like 3, 4 and 5 who wants to add on and rezone?

Director Weaver stated, #4 and #1.

A Board member asked, would they both be under a B-1?

Director Weaver stated, I can not tell you that off of the top of my head, I have looked at it but, I can’t remember what.

A Board member stated, the welding…

Director Weaver stated, the welding, I think, would fall under an I-1.

David Rosenbarger stated, that’s where you’re going to get in, if you have several little pieces of ground touching each other I-1, B-1 or B-2.

Director Weaver stated, right.

Greg Bossaer stated, explain why you’re doing this for them?

Director Weaver stated, really the explanation is the fact that we should have adopted a new zoning map at the time that Liberty Township came in, that’s my feelings on it.

Attorney Altman asked, so, that would have made this one that we turned down would have been…

Director Weaver stated, he tried to do that on his own….

Attorney Altman stated, I understand.

Director Weaver stated, no one else has requested that the Area Plan address this.

Attorney Altman stated, I guess what I’ saying though is it sounds to me like the one that got turned down, would have got approved.

Director Weaver stated, no because, he was changing what he was doing currently.

Attorney Altman stated, that’s right, there was a change there.

Director Weaver stated, yes, he was changing what was done currently where these businesses are not changing, they just want to expand what is going on currently.

David Rosenbarger asked, but, does this commission go more for keeping it uniformed?

President Anderson stated, yes, we want to try to do that.

David Rosenbarger stated, that’s my opinion, you have the highest one in there…

Director Weaver stated, but, like a video shop probably can’t fall in an I-1 zoning.

President Anderson stated, these are areas that went zoned and then came into compliance, we adopted…

David Rosenbarger stated, but, to get it all in one area it should be as close to the same.

Ron Pollock asked, Liberty Automotive had about 35 or 40 remonstrators, didn’t they?

Director Weaver stated, yes, they were fighting that. A welding shop does go in an I-1 zoning and I’m almost sure that a video store would go in a B-2.

President Anderson stated, so they just about have to come in by themselves to do that. It might solve a lot of problems if you get them to come in individually, do that and ask.

Attorney Altman stated, I think that we need their involvement clearly because otherwise, we are going to come in and complain like they did the one. Those people will think why are we turning for them and so if they don’t want it done, then they are just limited by what they presently have on the property and this number one and number four can proceed.

Gary Barbour asked, but, if it’s grandfathered how can you keep them from changing?

Jay Clawson stated, they can’t add on.

Attorney Altman stated, they can’t add on that’s all.

David Rosenbarger stated, they are stuck with this building that they have.

Rick Raderstorf stated, I just have a feeling that if you go rezoning that #5 or #6 and the people find out that has #7….

Director Weaver stated, it doesn’t matter to me. this was just presented to me and I knew that…

President Anderson asked, do they actually want this for sure?

Director Weaver stated, I have not talked to any of the people other than Crystal Clear and the Machine Shop.

Jay Clawson asked, what is Crystal Clear?

Director Weaver asked, is that who you are with?

Otto Leis stated, no, I’m Leis Machine Shop.

Gary Barbour stated, they are filtration systems, they are a warehouse.

Otto Leis stated, it’s a manufacturing facility. They make filtering.

President Anderson asked, are you wanting to expand your…

Otto Leis stated, yes.

President Anderson asked, is this going to be on the existing lot?

Otto Leis stated, yes.

Attorney Altman stated, you need to be involved in getting a hold of Director Weaver and so that we can do that.

Otto Leis stated, I had an expansion in 1996 and on my building permit, at that time, it was stated that it was an I-1. The best that I can remember, I don’t remember exactly, that Ray Ferdinand told me that he was going to proceed with something like this at that time to get it because it should have been grandfathered at that time and nothing ever happened. I did have a building permit, I don’t know if you have seen it or not.

Director Weaver stated, yes, your right.

Otto Leis stated, but, it had on the building permit at that time that we were zoned I-1 and thinking that I was not going to have any problems, I came back in to get a building permit now, they tell me that we can’t do it.

Attorney Altman stated, the best thing is to get in and get it done and I don’t doubt you at all but, it just needs to be done so that you can clearly do what you need to do.

Otto Leis stated, so it’s my understanding then that the Board is going to initiate…

Attorney Altman stated, I don’t think that we have decided that I think what we’re really deciding is to contact those people, those businesses and if they want to do it we will work in with them to assist. If they don’t then we will leave them where they are.

Ron Pollock asked, is that going to create a lot of problems with the guy across the road, we turned them down.

President Anderson stated, but, these guys are already grandfathered, we’re not going to shut their business down.

Attorney Altman stated, but again, that was to add on and that’s the issue that this gentleman has.

Gary Barbour asked, but the ones that don’t want to change…

Attorney Altman stated, they’re grandfathered up to that point.

Greg Bossaer stated, so they need to be contacted too.

Attorney Altman stated, I think that I would just to let them know since their business is in being….

Jay Clawson stated, give them the chance if they want to come up to par.

Attorney Altman stated, they wouldn’t be so hamstrung by it Greg, basically what I’m saying is give them the choice. They are all right there now, what they are doing but, if they want to add on, they are limited.

Director Weaver stated, but, each individual is going to have to do his own rezoning is what we’re saying.

Attorney Altman stated, yes.

President Anderson stated, yes.

Director Weaver stated, I just wanted that clarified.

President Anderson stated, you won’t have any trouble other than you will have a bunch of people mad at you, this other guy mad at us, they won’t be mad at you they will be mad at us.

Otto Leis stated, we’re doing the expansion, they weren’t doing any expansions at that time they, I think, that their main thing they were wanting to have it zoned to where they could put in a car lot.

Director Weaver stated, right, which they have not had there previously.

Otto Leis stated, also, one of them that was wanting to put in a car lot is also been changed in ownership since the time that they have requested it.

President Anderson asked, do we have anything else?

Director Weaver stated, that’s the only thing that I have.

Attorney Altman stated, the only thing that I would say is, Director Weaver noted in the lawsuit and it has been dismissed. In essence what it amounted to is, this is by the Beach, there is a subdivision there and one of the owners had come in and got a building permit and started building. About 2/3’s of the way through, the neighbor beside him filed suit against the guy that was building and us, that we weren’t properly enforcing the ordinance. I talked to Director Weaver and she looked at it and because, there was an easement along the North side of that. I see exactly what she was doing as an administrator, in issuing the building permit. We took the position that the guy got the building permit to build his building in conformance with our Ordinance and should be allowed to continue. When they finally got a survey and I don’t know what took them so long to basically it agree with our department here and they dismissed it, that’s what that lawsuit is all about. It wasn’t something that I initiated, or Director Weaver had me initiate, we were brought in and quite frankly we had no trouble what had been built on either lot. They permitted to do both things and we were just there as parties to that so that’s what that one was about. The other one I faxed, Director Weaver, did you get my letter?

Director Weaver stated, yes.

Attorney Altman stated, I was out this afternoon, Antionelli this is where the guy has been basically building or doing cars, selling cars and having a lot of junk out there. His lawyer and I think have we an agreement that he number one, won’t conduct a business there of any type unless again, he gets rezoned, which of course, that’s anyone’s option. They won’t have anything outside other than ordinary family vehicles out of a building and that he is on probation for a year. Then if he sells a car there, he can only have one, only have a small sign in it, one at a time and I put a maximum of 4 a year, why four, four seasons I guess. I didn’t mind if he had one at a time. Then the neighbor wouldn’t think that they had a car lot beside them and that’s why, to give the Board a report of what I have been doing.

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Ron Pollock made a motion to adjourn.

David Rosenbarger seconded the motion.

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The meeting adjourned.

Respectfully submitted,

Donald W. Ward, Secretary

White County Area Plan Commission

Diann Weaver, Director

White County Area Plan Commission