Get Adobe Flash player

 

The White County Area Plan Commission met Monday, August 13, 2001, at 7:30 p.m. in the Commissioner’s Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

Visitors Attending were: Lewis Hites, Jenise Selby, Robert C. Selby, Mark Babb, R. Joe Roach, Fred Minnick, P.L. Flora, Darlene Broughton, Eugene Broughton, Robert Conklin Jr., Phyllis Conklin, Ola Conklin, Ralph S. McClurg, Richard L. Conklin Sr., Margaret A. Conklin, Fred & Shirley Boessel, D.G. Brechbiel, Phyllis Lawson, Bonnie Fritz, Art & Jean Zehner and Gloria Kinnard.

The meeting was called to order by President Charles Anderson and roll call was taken. Jay Clawson made a motion to dispense with reading and approve the minutes of the July 9, 2001 meeting. Motion was seconded by Gary Barbour and carried unanimously.

****

#760 Lewis Hites III & Steven Stearns; Requesting to rezone from A-1 to I-2 on 1.21 Acres. The property is located on State Road 16, West of Buffalo and behind 5900 E. State Road 16. Tabled from July 9, 2001.

President Anderson stated, this is on that we tabled last meeting. We couldn’t find out what kind of easement he had back in there. Do we have anyone here representing this, come forward.

Lewis Hites was present to represent this request.

President Anderson asked, do the Commissioners have any questions?

Jay Clawson asked, right next to the old…

Attorney Altman stated, the answer to the question on the…

Jay Clawson stated, Crystal Clear….

Attorney Altman stated, on the easement I think that the Board maybe has a copy of the easement that was granted, that Mr. Hites has and it’s a 14’ easement of even width on the entire

West side of the property that allows them, that’s on the highway, that allows them to go back to this property and that’s on the West side of the…

Lewis Hites stated, property.

Attorney Altman stated, the property. In addition to that, I have a letter here that we received the 1st from the Buffalo and Liberty Volunteer Township Fire Department. The letter was read out loud to the Board members and the audience members.

President Anderson asked, you mainly store things for the…

Lewis Hites stated, that’s all that we have done out there, is just storage, right.

President Anderson asked, you have plenty of area to turn around back there in your parking lot?

Lewis Hites stated, yes.

President Anderson asked, you run trucks in and out of that all of the time?

Lewis Hites stated, yes.

Jay Clawson stated, yes.

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

Jay Clawson asked, the legal description is all on the, what is going to be recorded right?

Director Weaver stated, yes…

Jay Clawson stated, that’s what we asked.

Director Weaver stated, the easement is now included in the request.

President Anderson asked, is there anyone in the audience with any questions about the request? If not I say that we go ahead and vote.

Attorney Altman asked, so the use is in essence storage…

Lewis Hites stated, as is present, it is storage, correct.

Attorney Altman asked, so there wouldn’t be a lot of traffic going back and forth on that and the Fire Department says that they can get in and out.

Lewis Hites stated, yes.

Attorney Altman stated, very good, thank you.

Director Weaver asked, aren’t you proposing to change the use of the property?

Lewis Hites stated, what we are going to do is start fabricating some lumber there.

Director Weaver asked, it’s not going to continue as it is now?

Lewis Hites stated, it’s going to be used to fabricate lumber but, not a great amount, it would be storage and fabrication. What we’re going to do is to make like coral saddles and things for the steel mills. It consists of maybe 10 percent of my business but, I wanted to do it there at the shop.

Attorney Altman asked, how many employees will there be?

Lewis Hites stated, 2, 2 probably part time but, 2, yes.

Attorney Altman asked, 2 max?

Lewis Hites stated, oh, yes, if I can keep them busy.

Attorney Altman stated, okay, I understand, I just want to know…

Lewis Hites stated, that’s what I’m planning on doing, so that I can bring my lumber back there and instead of doing it out in the field as we’re doing it now, just do it there, under the roof out of the weather, that’s it.

With no further discussion the Board voted.

The results of the vote were as follows: 10 affirmative and 0 negative. This will be presented to County Commissioners for their action.

Attorney Altman asked, their meeting is next Monday right?

Director Weaver stated, it is next Monday but, I do want everyone to be aware that, that is at 7:55 in the morning. We don’t normally even open until 8:00 but, it is scheduled at 7:55.

Attorney Altman stated, so that will be right here next Monday morning at 7:55 in the morning right here and they have the final say so, if you want, if anyone wants to say anything about this, be there.

Lewis Hites stated, okay, thank you.

Attorney Altman asked, does everyone understand that?

****

#761 Robert & Jenise Selby; Requesting to rezone from A-1 to R-2 on lot #1 in Grigsby Acre Subdivision. The property is located in Monon Township at 1985 W. 900 N.

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

Robert & Jenise Selby was present to represent the request.

President Anderson asked, do the Commissioners have any questions about this request at all? Does anyone in the audience have any questions about this request?

Attorney Altman asked, so this is just to subdivide the lot?

Jenise Selby stated, yes. I do have one questions, I’m kind of lost on the R-1 and R-2, as to the meaning.

Director Weaver stated, R-1, is restricted to single-family homes, only, R-2 allows duplexes. There is a little bit of a difference in the setbacks, R-2 though is a little more common residential zoning than an R-1.

Jenise Selby stated, okay.

President Anderson asked, if we have no questions, if the Commissioners don’t have any questions…

Jay Clawson asked, is this single lot going to be big enough to subdivide?

Robert Selby stated, it’s 2 and a quarter acres…

Attorney Altman stated, the size of the lot, it says here on the application, surveyor’s location report indicates that’s it’s approximately 214’.5” wide East, West and North, South is 351’.4” so it’s an acre and a half roughly speaking.

Jay Clawson stated, ¾ acre lot.

President Anderson stated, if there’s no other questions let's go ahead and vote.

With no further discussion the Board voted.

The results of the vote were as follows: 10 affirmative and 0 negative. This will be presented to County Commissioners for their action.

Attorney Altman stated, it will be heard again next Monday morning at 7:50 right here by the County Commissioners and they have the final say. Anyone that is interested, please be there.

Jenise Selby stated, thanks.

****

#762 Twin Lakes School Corporation/Woodlawn; Requesting to rezone from R-2 to I-2 an area of 150’ x 150’. The property is located in the City of Monticello at 300 S. Beach Drive.

President Anderson asked, do we have a representative here for Twin Lakes?

David Brechbiel stated, I’m the Information Assistant Director for Twin Lakes School Corporation.

President Anderson asked, do the Commissioners have any questions about this request? Does anyone in the audience have any questions about this request?

Art Zehner stated, I live right across the street from Woodlawn and I want to know how high the towers are going to be.

David Brechbiel stated, Woodlawn, it’s going to be 90’…

Art Zehner stated, 90’…

David Brechbiel stated, it’s going to be a stand alone tower and it’s going to be…

Art Zehner asked, what, it’s going to be used for broadcasting?

David Brechbiel stated, primarily to start out with for data communication and voice communication…

Art Zehner stated, voice communication….

David Brechbiel stated, from the High School out to Woodlawn. For example, telephone, intercom system so that we can dial 4 digits to anywhere in the school corporation and not us standard telephone.

Art Zehner asked, what frequency is it going to be?

David Brechbiel stated, 5.8 gig. hertz.

Art Zehner asked, 5.88?

David Brechbiel stated, 5.8 gig. hertz, radius on each end.

Art Zehner stated, I have been short void listener and I just want to know if it’s going to interfere.

David Brechbiel stated, as I had talked to someone very early on about interference and my research says no, television, radio, no. It’s out of that bandwidth.

Art Zehner stated, I know that some things will interfere with radio.

David Brechbiel stated, right.

Jean Zehner asked, where will it be located?

President Anderson stated, come forward and state your name.

Attorney Altman stated, you can ask the question but, you have to come forward and announce who you are and put it on the tape.

Jean Zehner stated, I’m Jean Zehner, I’m Art’s wife and I want to know where this tower is going to be located on Woodlawn.

David Brechbiel stated, on Woodlawn’s property it will be on the West side, there is a black topped area in between the additions, there is 2 additions and it’s tucked right, right in between those two additions.

Jean Zehner asked, so in other words, it’s not going to be out on the street.

David Brechbiel stated, no, not out on the street, none of the towers are, they will be…

Jean Zehner asked, they will be in…

David Brechbiel stated, right, inside. I tried to, we tried to design this so that it was tucked in as far in as we could so that it wouldn’t be right out there against the building in all of our locations.

Jean Zehner stated, okay.

President Anderson stated, we kind of have that blocked off on this if you want to look at it, it shows the building and then a little square behind the building.

Attorney Altman stated, yes, we would be glad to show you that.

President Anderson asked, how far from the property line is that? Quite a distance?

David Brechbiel stated, yes, it’s quite a ways, and what would you say?

An audience member stated, I couldn’t make a guess, it’s quite a ways from the property line.

President Anderson asked, can’t spit that far?

An audience member stated, you can’t spit that far, definitely, not even watermelon seeds.

Jean Zehner stated, thank you.

David Brechbiel stated, your welcome Jean.

Attorney Altman asked, and this is just a rezoning for the tower even though it’s I-2, the Ordinance says that towers like this have to be an I-2 and the only use that the school is going to have, it’s not going to be industrial…

David Brechbiel stated, no…

Attorney Altman stated, for the towers and the towers only right?

David Brechbiel stated, correct, that’s correct Attorney Altman.

Attorney Altman stated, and that’s part of the commitment of this application.

David Brechbiel stated, yes, right.

Attorney Altman stated, but, it is I-2.

Don Ward asked, there is a commitment?

Attorney Altman stated, as I understand it the school corporation isn’t entering into a commitment but, this is the only I-2 usage…

David Brechbiel stated, oh, yes…

Attorney Altman stated, that they will be using.

David Brechbiel stated, this is just a change, so that we can request a variance for…

Attorney Altman stated, special exception.

David Brechbiel stated, right, special exception, excuse me, thank you.

Phyllis Lawson asked, I have two questions. I live…

David Brechbiel stated, hi Phyllis.

Phyllis Lawson stated, hi David, I live pretty close there where you’re talking about…

David Brechbiel stated, okay…

Phyllis Lawson asked, are you talking on this black top the little street called Pine Street?

David Brechbiel asked, which school are you referring to?

Phyllis Lawson stated, Woodlawn…

David Brechbiel stated, Woodlawn, Pine Street? No, I don’t believe so…

Phyllis Lawson stated, it’s a black top in between two little…

Attorney Altman stated, ma’am…

Phyllis Lawson stated, okay…

Attorney Altman stated, there is Pine Street…

Phyllis Lawson stated, oh, okay…

Attorney Altman stated, this is where it will be…

Phyllis Lawson stated, I see it…

Attorney Altman asked, do you see where it is?

Phyllis Lawson stated, yes…

David Brechbiel stated, there are two additions Phyllis, added on…

Attorney Altman stated, I just want you to know where it shows on the sketch.

Phyllis Lawson asked, that’s what I was wondering, thank you very much Attorney Altman. Also, are there any plans in the future that this might be upgraded to higher wattage or anything?

David Brechbiel stated, I don’t foresee any changes in that tower in terms of height, ever. A different possibly as technology improves and increases, there is a potential for the radios on each end to be exchanged out to a different frequency but, that would be, I mean, what our plan is, is really 5 to 7 years and I would say 7 to 10 on this end.

Phyllis Lawson stated, now I’m not very well versed in…

David Brechbiel stated, that’s alright…

Phyllis Lawson stated, in some of this…

David Brechbiel stated, I wasn’t when I started…

Phyllis Lawson asked, I have another question and that is, do we need to be concerned about radiation or anything from the towers and the use of this?

David Brechbiel stated, no, not typical, it’s just standard radio waves.

Phyllis Lawson stated, I think that’s it, thank you very much.

David Brechbiel stated, you’re welcome Phyllis.

President Anderson asked, is there anyone else in the audience have any questions about this request?

David Scott asked, is the tower a tripod or is it a straight up?

David Brechbiel stated, at Woodlawn it’s a standard tower, it will be a 6’ square that they plant the tower in at Woodlawn.

Don Ward asked, three-leg tower?

David Brechbiel stated, yes, and with climb guards and obviously, protected all of the way around with a chain link fence and there are wire guides that come out but, they will be attached to the building itself in all locations. So there won’t be any guide wires or any wires that come down.

Don Ward asked, are you going to fence this off?

David Brechbiel stated, yes, all of the way around and climb guards.

Jay Clawson asked, it’s not near playground area at all, correct?

David Brechbiel stated, near or any portion of the playground, yes, and the reason that we choose that location was again, so it wasn’t against the building along the outside but, inside.

President Anderson asked, do the Commissioners have any other questions about this request? I say let's go ahead and vote.

Jay Clawson asked, Director Weaver, I have a question for you, are you saying now, that if I want to put an 80’ tower up at my house for a TV antenna I would have to have…

Director Weaver stated, TV antennas are exempt. It’s real specific in the Ordinance…

Jay Clawson stated, if he’s putting a 90’ tower, that tower is not really any different…

Director Weaver stated, a TV antenna is stated right in the Ordinance that it is exempt…

Jay Clawson stated, it just a communication tower…

Director Weaver stated, so that’s what we went by. I discussed this with Attorney Altman before they ever filed that this was the proper step for them.

With no further discussion the Board voted.

The results of the vote were as follows: 10 affirmative and 0 negative. This will be presented to City of Monticello for their action.

Attorney Altman stated, subject to the commitment that this only for a tower communication tower stated the record. That meeting will be when Jay?

Jay Clawson stated, next Monday at 7:30.

Attorney Altman stated, in the evening folks so that, and the City Council has the final say on this as any others.

President Anderson asked, we have 3 others of these to go through and they are all similar to the same thing isn’t it?

David Brechbiel stated, very similar right, the High School is more of a guide tower, it’s on a post rather than on the tower, that’s the difference.

President Anderson stated, we have to do them separate though.

****

#763 Twin Lakes School Corporation/Administration Building; Requesting to rezone from R-2 to I-2 an area of 150’ x 150’. The property is located in the City of Monticello at 565 S. Main Street.

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

Charlie Mellon stated, it’s going behind the Administration Building?

David Brechbiel stated, it replaces the current television antenna tower that is there and it also raise, it will also be put into bus communication antenna higher, which is going to help them out tremendously.

President Anderson stated, we need to get this on record, everyone should try to state their name.

David Brechbiel stated, stated, I’m sorry.

President Anderson asked, is there anyone else have any questions about this request.

Attorney Altman stated, and again…

President Anderson asked, do the Commissioners have any questions?

Attorney Altman stated, again, this is subject to the commitment that this is only for the I-2 zoning, rezoning is only for a communications tower and nothing else.

David Brechbiel stated, yes.

Don Ward asked, how tall is it?

David Brechbiel stated, 90’.

President Anderson asked, go ahead and vote?

David Brechbiel stated, there are tall trees out around it even though it’s close to the High School, you have some tall growth.

With no further discussion the Board voted.

The results of the vote were as follows: 10 affirmative and 0 negative. This will be presented to City of Monticello for their action.

Attorney Altman stated, subject to the commitment that this is only for a communications tower as stated in the recorded. Again, this will be forwarded to the Town Council, same time as the last one.

****

#764 Twin Lakes School Corporation/Oaklawn; Requesting to rezone from R-2 to I-2 an area of 150’ x 150’. The property is located in the City of Monticello at 402 E. South Street.

President Anderson asked, do we have anyone here, you’re already representing them. Do we have anyone in the audience with any questions about this one?

Attorney Altman asked, height of the tower Dave?

President Anderson asked, do the Commissioners have any questions.

David Brechbiel stated, height of the tower is 90’ here as well.

President Anderson stated, I say we go ahead and vote.

Attorney Altman stated, and again, only for the communications tower.

David Brechbiel stated, right.

Attorney Altman stated, in the commitment.

With no further discussion the Board voted.

The results of the vote were as follows: 10 affirmative and 0 negative. This will be presented to City of Monticello for their action.

Attorney Altman stated, again, subject to the commitment that this is only for a communications tower as stated in the record, it will again be referred to the City Council at the previous next Monday at 7:30 p.m.

****

#765 Twin Lakes School Corporation/High School; Requesting to rezone from R-2 to I-2 an area of 150’ x 150’. The property is located in the City of Monticello at 300 S. Third Street.

President Anderson asked, do we have anyone here in the audience with any questions about that request? Do the Commissioners have any questions? Let's vote.

Attorney Altman stated, again, this is subject to the commitments only for a communications tower.

David Brechbiel stated, yes.

Jay Clawson asked, is this going to be back around the back of the school?

David Brechbiel stated, it will be on the, there is uh, against the gymnasium it will be a guide against the gymnasium current wall and there is a first floor and it will sit on top of the roof of the first floor. There is a steel structure that they build…

Jay Clawson asked, okay, by where you, in by the main doors?

David Brechbiel stated, stated, right, we had discussed putting a regular tower there but, thought since there was a lot of athletic events and that type of thing and since that age, they seem to be more ambitious places and going, it was better if we would put it on top of the structure and use the side of the gymnasium as a lean-to with the wires. They have a steel structure that is a base so, they don’t have to drill down into the existing roof, which made the maintenance folks happy.

Director Weaver asked, how tall is this going to be?

David Brechbiel stated, it will be 90’ but, with the additional height on the building itself it will take it up to about 110’ and that really, is primarily, so that we can reach Eastlawn. Of course, Eastlawn is already zoned A-1 so, that’s why that height has to be, that’s why we have to reach that height at that High School.

Charlie Mellon asked, what is the cost estimate of these 4?

David Brechbiel stated, the total towers and the radios everything if we decide to go with the 2.4 gig. hertz radio it would be about 60,000 dollars but, the 5.8 brings it up to about 75,000 dollars. What you’re getting is, your getting a lot more modern technology and a lot more band width in other words a lot of things can be put across it and we won’t have to replace those radios for 5 to 7 years. The bigger issue is the cost savings in not renting existing phone lines. We own our own equipment and the pay off is approximately, I believe 6 to 7 years and we will have all of those towers paid off by not renting the access that we have right now.

Jay Clawson asked, so you’re able to transmit Internet access?

David Brechbiel stated, internet, voice, video across 5.8 yes, I mean eventually, defiantly voice and data and that’s what we need because we just have, the capabilities in our elementary schools are now, there are only about 10 work stations, about 7 to 8 work stations can really get on the internet at one time. Well, we have had that connection now for about 5 years and we want to push it, we really need to start working with our 4th and 5th grade on researching and there is a lot of remedial software that is right on the net that we don’t have to buy any more. It’s out there, it’s available and all that we have to do is go to a web site and we’re seeing that more and more.

With no further discussion the Board voted.

The results of the vote were as follows: 10 affirmative and 0 negative. This will be presented to City of Monticello for their action.

Attorney Altman stated, again, this is subject to the commitment that this is only for a communications tower. It will be forwarded again to the City Council for their final action next Monday at 7:30.

David Brechbiel stated, thank you.

****

#766 Mark A. Babb; Requesting to rezone from B-2 to R-2 on lots #1 and #2 in Block 5 in the Original Plat of Burnettsville. The property is located in the Town of Burnettsville at 200 A & B South Washington Street and 204 A & B South Washington Street.

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

Mark Babb was present to represent this request.

President Anderson asked, do the Commissioners have any questions about this request? Does anyone in the audience have any questions about this request? Do you want to put a residence on that?

Mark Babb stated, yes basically, there is apartments in them right now and until I get the mortgage finalized they want it rezoned to residential.

President Anderson stated, I say that we go ahead and vote if there are no other questions.

Jay Clawson asked, this still has to go to the Town Board of Burnettsville right?

President Anderson stated, yes.

Attorney Altman stated, yes.

Mark Babb asked, do you know how soon it will, do I just go to them?

Director Weaver stated, we will send on to them yet this week, you need to contact them and see…

Mark Babb stated, okay.

With no further discussion the Board voted.

The results of the vote were as follows: 10 affirmative and 0 negative. This will be presented to Town of Burnettsville for their action.

Attorney Altman stated, as you heard Director Weaver saying, we will do it tomorrow but, we don’t know exactly when they act on it so, you need to check with them.

Mark Babb stated, okay, I will just let them know that it’s been done.

Attorney Altman stated, you should check with them as to a fee at the meeting too.

Mark Babb stated, okay thanks.

****

#262 Ralph McClurg; Requesting approval of a 2 lot subdivision to be known as Zachary Heights Subdivision on 6.835 Acres. The property is located in Prairie Township, on the South side of C.R. 800 S. and the East side of C.R. 125 E. Tabled from July 9, 2001.

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

Ralph McClurg was present to represent this request.

President Anderson asked, is this just for…

Director Weaver stated, we do have drainage…

Rick Raderstorf stated, no, you don’t…

Director Weaver stated, no, we don’t, I take that back. I’m looking at my notes, I was thinking that this one did, we do not have drainage so we can only do primary. I have requested the drainage approval but, I do not know where that stands.

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

Jay Clawson asked, both lots are front roads right?

Ralph McClurg stated, yes.

President Anderson asked, no improvements.

Attorney Altman stated, obviously, the improvements on what will be lot #1, you set out into the setback area and if they were destroyed you would have to move them backwards.

Ralph McClurg stated, yes.

President Anderson stated, if there are no questions on this…

Jay Clawson stated, it was in last months packet.

Attorney Altman stated, corner lot, double corner lot.

Director Weaver stated, almost.

David Rosenbarger asked, so are we doing primary?

Jay Clawson stated, yes, can’t do secondary until drainage.

With no further discussion the Board voted.

The Primary Approval Request for a 2 lot subdivision to be known as Zachary Heights Subdivision located in Prairie Township, was approved by a vote of 9 to 0, 1 abstention, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met.

Attorney Altman stated, this was approved on a primary ballot.

President Anderson stated, you have to get the drainage plan review for secondary.

Director Weaver stated, yes, I do have a secondary plat but, we are just waiting on the drainage.

****

#263 Fred H. Jr. & Shirley Boessel; Requesting secondary approval of a 2 lot subdivision to be known as Boessel Subdivision #2 on 1.861 Acres, known as Lot 1 of Boessel Subdivision. The property is located in Monon Township at 6464 N. Bedford Bay Court.

President Anderson stated, and we have Mr. Boessel’s here to address that.

David Scott asked, do we have a plat?

Director Weaver stated, we do have a plat…

David Scott asked, may I see it?

Director Weaver stated, it does have the conditions stated on it and we do now have the drainage approval.

President Anderson asked, so we have everything in the file.

Director Weaver stated, yes, this is ready for secondary approval.

Attorney Altman stated, okay, if you remember on the last time that we had, this is subject, lot #5 there is subject to a special exception restrictions. I just basically read into the record the last time and I have now, the primary plat which Director Weaver just got that shows the restrictions on the lot number, or the dwellings. They’re pointed out on there as being dwellings just like they are on your plat but, I just want to make sure that they are for single family use only okay. This is a pretty loaded up lot is why the special exception was set out and the next thing, the structures identified as shed and that’s the two, in fact they have those words on there are for storage only, so someone doesn’t make that into a dwelling. The other thing that, new improvements of any kind may be rebuilt on this if all of these structures are removed. In other words, we were talking the last time if they did since several of these are pretty tempered nature if they all were removed and I wrote all 11 or 1,2 maybe 13 I’m not sure, were all removed could they then build in that setback area that they have on the plat. It’s said on here yes, they could but, they all have to be removed if we had a copy for everyone, I wouldn’t be reading this into the record. The other thing is that the 10 campers shown on the survey and that none may be added to, no more may be added, it’s just where they are and the last thing would be that the inhabited units must be permanently connected to a sewer line when it’s available, as soon as it’s available. Do you know when that will be Mr. Boessel?

Fred Boessel stated, no, I talked to, you mean the sewer line?

Attorney Altman stated, yes.

Fred Boessel stated, Ron Kyburz is going to do it, I understand that he is doing some so…

Attorney Altman asked, so it will it be within a 6 months or….

Fred Boessel stated, oh, yes, right a way.

Attorney Altman stated, they all have to be hooked up to it.

Fred Boessel stated, yes.

President Anderson asked, is this for secondary approval?

Director Weaver stated, yes.

Jay Clawson stated, yes, we already did primary.

Attorney Altman stated, the other thing that I mentioned that I want to indicate, that there are a couple of the campers in the flood fringe area. If they are destroyed or damaged in any way, they cannot be repaired but, must be removed.

Fred Boessel stated, we’re removing them right now, they will be out.

Attorney Altman asked, so that, what this plat, does comply and show that there are restrictions on it as we set out last time. Director Weaver, otherwise, this does comply in every way with the Subdivision Control Ordinance?

Director Weaver stated, yes, it does.

With no further discussion the Board voted.

The Secondary Approval request for a subdivision to be known as Boessel Subdivision #2 located in Monon Township, was approved by a vote of 10 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, I won’t say that it’s over but, I think that you’re pretty close sir.

Director Weaver stated, there is a 10-day waiting period before that plat can be recorded, so within that 10 days you can come in and sign that plat in my office.

****

#264 Ora Verleen Conklin & Robert Conklin Jr.; Requesting approval of a 2 lot subdivision to be known as Conklin Subdivision #2 on 1.024 acres. The property is located in the Town of Burnettsville at 827 S. West Street.

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

Robert Conklin Jr. was present to represent this request.

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

Jay Clawson asked, yes, a subdivision with a 15’ access easement? We already turned down the guy out there on 300 East for the same…

Director Weaver stated, this one is a little different and I’ll explain how it’s different. Each, what we have here is, we have two subdivisions proposed tonight side by side. Each one is going to set off 15’ out of the lot for ingress and egress for both lots. So you’re going to wind up with 30’, 30’, and 15’ off of each lot. So it is a little different and we did discuss this that this might be a problem, there might be some concerns there so, they are aware of that but, this is a little different situation.

Richard Conklin stated, the second lot is mine, I’m Richard Conklin and I’m the second lot, we wanted to subdivide it.

Attorney Altman stated, well, with both of them up here, I think that maybe this is about as good of a time to make sure that what Director Weaver understands to be, the facts of the situation are in fact going to happen. What I understand is that if you take the Conklin Subdivision #3, which is next, and you just said Richard right?

Richard Conklin stated, yes.

Attorney Altman stated, okay, that your subdivision and this subdivision, Conklin Subdivision #2, I don’t want to mess them up, if you fold them right at the lot line and slide them on here this is what Director Weaver is trying to show you, that in fact they are not quite to scale but, that they both, 15’ access are beside each other. As we have been told, they will be access the 15’ will be access not only for Conklin #3 but, Conklin #2 on both sides, is that what you’re understanding?

Richard Conklin stated, yes…

Attorney Altman asked, and what you want to do gentlemen?

Richard Conklin stated, yes.

Robert Conklin Jr. stated, yes.

Attorney Altman stated, so rather than having 15’, the 15’ and the 15’ will make a 30’ access back to that lot. That may not satisfy the Board but, at least you understand that’s what the proposal is gentlemen.

Jay Clawson stated, this is just a thought, is there a way that they can have because, I don’t like this separate thing, the two guys in the back getting into a hassle and the one guy will say well, this 15’ is mine and then it’s going to relegated, he wants to put, go ahead and put a fence in the middle of the thing because, he doesn’t want “Joe” driving on his then you’re stuck down to the 15’ easements. Is there a way that you can keep these as a permanent 30’ easement and then just subdivide and sell off the back, the back two lots? Then both lots will have an ingress and egress off of both…

Director Weaver asked, have them included as part of the drive?

Don Ward stated, one subdivision have the whole strip.

Jay Clawson stated, right.

Don Ward stated, that’s probably a better plan.

Attorney Altman stated, you can certainly do that and tie them together and they need I guess quite frankly Jay, as to get a legal document that says that and I haven’t seen that.

Jay Clawson stated, not have so much that each lot owns half of each one that the 30’ all together is owned by everyone in the, or that’s in, just like dedicated as a street…

Attorney Altman stated, that’s right…

Jay Clawson stated, or a dedicated easement owned by the City…

Attorney Altman stated, exactly…

President Anderson stated, but, all 4 lots have to be dedicated then…

Jay Clawson stated, I don’t know how it would be written, I mean Attorney Altman would know…

Attorney Altman stated, I would have no trouble either approving their attorney preparing it or preparing that. I would certainly believe that if you go ahead and approve these two that you would approve it only if they allow, if they were obliged to do that because, I agree it must be done that way or it’s too narrow.

President Anderson asked, so then we need to either table this, because, we have to have that plat, that access before we can, right?

Attorney Altman stated, I don’t have any trouble going a head…

Jay Clawson stated, subject to…

President Anderson asked, is that okay to be there?

Director Weaver asked, would you want to do primary approval and then table secondary approval until next meeting?

Jay Clawson stated, yes, until we get that…

Director Weaver stated, to where Jim could get the subdivision changed…

Attorney Altman stated, I would have no trouble with primary and then get the lineage, obviously, we, I trust that we have all of the owners here….

Director Weaver stated, yes.

Robert Conklin Jr. stated, yes.

Richard Conklin stated, yes.

An audience member stated, yes.

Attorney Altman stated, all 4 people, husbands and wives are here…

Robert Conklin Jr. stated, yes.

Richard Conklin stated, yes.

An audience member stated, yes.

President Anderson stated, lots #3 and #5, are those accessed by this easement in the middle too?

An audience member stated, yes.

President Anderson stated, all 4 of them have an easement, has that 30’ access.

Attorney Altman stated, yes, well, they obviously they access the roads…

An audience member stated, yes.

Richard Conklin stated, yes, we’re on the road…

Attorney Altman stated, however, it sure doesn’t hurt them President Anderson.

Robert Conklin Jr. stated, see the one behind me would be my son and then my twin brother is behind my mom.

Rick Raderstorf stated, if they would sale that, they want a document if they can use that.

Jay Clawson stated, right.

David Scott stated, it’s right in that 50’ strip.

Don Ward stated, dedicated to the public.

Rick Raderstorf asked, to the whole, to all four lots?

Don Ward stated, yes.

President Anderson stated, it would have to be common ground for all 4 lots.

Attorney Altman stated, it should be, it certainly should be that.

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

Don Ward stated, they have Subdivision #1 has one and two, #2 has 3 and 4, #3 has 5 and 6.

Rick Raderstorf stated, different subdivisions.

President Anderson asked, then we can do both primary on both…

Don Ward asked, did you hear that?

Director Weaver stated, no, I didn’t.

Jay Clawson stated, he said that since they are 3 separate subdivisions why are they not lot 1 and 2 for each subdivision. Are they 1, 2, 3, 4, 5 and 6.

Director Weaver stated, Jim thought that it would be too confusing if we did it that way. He thought that it would be a little clearer to give them each their own individual lot numbers.

Don Ward stated, probably more clearer, but, less accurate because, they are different subdivisions.

Director Weaver stated, sure.

Attorney Altman stated, the deed’s a dedication, the restrictions are so similar I, source of title however, and that means all of the difference some times but, I agree with you Don.

President Anderson asked, are you going to call that Conklin Drive?

Attorney Altman stated, I would certainly think so, yes.

Steve Fisher asked, so are we going to vote on primary?

President Anderson stated, primary on this one first and primary on his second and then contingent on we’ll wait on secondary.

Director Weaver asked, do you want to wait on secondary?

President Anderson stated, contingent on the 30’ easement for all 4 properties.

Attorney Altman stated, the 15’ easement off of both lots will basically be married together and dedicated for the benefit for all 4 of these lots.

President Anderson stated, because, if we don’t then they are going to say why did you pass a 14’ right-of-way for that other guy.

Jay Clawson stated, well, that’s kind of grandfathered though…

Robert Conklin Jr. stated, where that’s at, we had a drive back there for years before we even subdivided it.

Attorney Altman asked, do you folks know what we’re requiring and what we’re going to do?

Robert Conklin Jr. stated, yes…

Attorney Altman stated, now, if you have an attorney you need to have him or her get a hold of me right away so we can get this ready and get the proper document and dedication for this 15’ on both of your lots. Basically, all 4 lots are going to own and be able to use it as a street.

Robert Conklin Jr. asked, is that how we word it to an attorney?

Attorney Altman stated, have your attorney give me a call or Mr. Milligan.

Robert Conklin Jr. stated, okay, you say have Mr. Milligan then?

Attorney Altman stated, that would be fine. On the ballots I would suggest that you probably note that they have to dedicate the 15’….

Don Ward stated, the two 15’…

Attorney Altman stated, yes, married together, yes, for the benefit of all 4 lots and you may not want to go that much wording but, for the record, that’s what we’re requiring on both of them and both of them on the second one but, that’s what we’re saying right President Anderson?

President Anderson stated, yes.

Attorney Altman stated, otherwise, they met all of the standards of the subdivision right?

Director Weaver stated, yes, they have.

With no further discussion the Board voted.

The Primary Approval Request for a 2-lot subdivision to be known as Conklin Subdivision #2 located in the Town of Burnettsville, was approved by a vote of 10 to 0, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met.

Attorney Altman stated, subject to the condition that this subdivision and the next subdivision, 15’ is being married together and is being dedicated for the full and complete use of all 4 lots two of each subdivision.

****

#265 Richard L. & Margaret A. Conklin; Requesting approval of a 2-lot subdivision to be known as Conklin Subdivision #3 on 0.933 of an acre. The property is located in the Town of Burnettsville at 821 S. West Street.

President Anderson asked, we have Richard Conklin here representing that request, aren’t you?

Richard Conklin stated, yes.

President Anderson stated, it will be the same on this one.

Attorney Altman stated, exactly.

President Anderson stated, I say that we go ahead and vote.

Attorney Altman stated, for the record Richard and Margaret both indicated that this is consistent with what they want, so the next time we will have it, the next meeting we will have it for approval.

With no further discussion the Board voted.

The Primary Approval Request for a 2-lot subdivision to be known as Conklin Subdivision #3 located in the Town of Burnettsville, was approved by a vote of 10 to 0, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met.

Attorney Altman stated, 10 votes indicated that the same conditions are on the 15’, on this 15’ and otherwise, that the standards of the Subdivision Control Ordinance have been met. You need to make sure that you get it done right a way so that it’s ready for next months meeting and Director Weaver, next months meeting is when?

Director Weaver stated, September…

A Board member stated, September the 10th.

Attorney Altman stated, September the 10th, right here the same time, next time you will be first though.

****

#266 Michael D. & Brenda J. Finnegan; Requesting approval of a 10 lot subdivision to be known as West Bedford Estates on 6.49 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 here representing this request?

Director Weaver stated, we cannot hear this request tonight, the plat that I received on this subdivision, I refused.

Attorney Altman asked, Mr. & Mrs. Finnegan are not here are they?

Director Weaver stated, they are not.

President Anderson stated, that one is tabled so, let's move on.

****

President Anderson stated, next on the agenda is business. I think that we have to reappoint a member to the BZA because, we lost one. Does anyone here want to volunteer?

Attorney Altman stated, this must be a citizen member.

Rick Raderstorf asked, it can’t be an elected official either?

Attorney Altman stated, that’s right.

Director Weaver stated, first I would like to let the Board know that Ron Pollock is no longer on the Board and Dave Scott is temporarily filling in on the Board.

Attorney Altman stated, I suggest that Dave stay on…

Director Weaver stated, well, that’s what I was told.

A Board member asked, who is on it now?

Attorney Altman stated, Jerry Thompson…

Director Weaver stated, Carol…

Attorney Altman stated, Carol Stradling…

Director Weaver stated, Gary Barbour and Jeff Saylor.

Steve Fisher asked, does it have to be one of our Board members?

Attorney Altman stated, yes, it does.

Director Weaver stated, and that Board is pretty crucial that you attend because, we only have 5 members…

Attorney Altman stated, it’s a 5 person Board, you have to have 3 votes to adopt anything.

Greg Bossaer asked, should you look at that some time and try to change…

Director Weaver stated, it’s State Statue…

Attorney Altman stated, State Statue…

Director Weaver stated, there’s no way to change it.

Attorney Altman stated, okay, the Board of Zoning Appeals meets every month and they consider variances. Variances are in essence when something, when someone wants something to be a little bit more closer to the property line than the Ordinance allows or taller than the Ordinance allows or a Special Exception. A special exception like tonight these towers the School Board is wanting to put up everyone of them will have to have a special exception to allow them to put a tower up there. you can rezone them but, then you have to have a special exception for that and that’s in essence what they look at. They also look at violations and impose fines for violations.

Don Ward stated, that Board has the final say.

Attorney Altman stated, yes, you’re right, that Board has the final say. Give us some of your background.

David Scott stated, I’m the Utility Superintendent in Monon and the janitor I think. I have been there for 25 years.

Director Weaver stated, actually I have known Dave for a while because, we have worked together on different things on the addressing and that type of thing in Monon so, the girls and I have known Dave before.

Charlie Mellon stated, Mr. Scott is replacing Ron on the Area Planning plus Ron was on the Appeal Board too so, it would be logical for Mr. Scott to take his place.

Attorney Altman stated, give a nomination, do we have any other nominations? Do we consider that an acclimation?

David Scott stated, yes.

Attorney Altman stated, alright…

The Board stated, so moved.

Director Weaver stated, Dave, one thing that I will let you know that Board often has two meetings in a months time. A couple things before we go, we do have a budget hearing August 20th which is next Monday at 2:00 in the afternoon if anyone wants to attend that meeting with me feel free to do so. I had a question from Jim Milligan today he wants a little bit of a clarification, I have been requesting that he put the utilities on the plats, he is wanting to know if we want these utilities shown on the primary plat. His thought was, that was the logical place for them to be is on the primary plat. He also wants to know if we just want the main lines shown instead of like, if it already has a home on it, do we want those lines shown on there also from where it goes from the main line to the home? He is just trying to get some approval so he knows exactly what the Board is wanting to see on those plats.

Don Ward stated, it would just be more simple, if he would show it on everything.

Attorney Altman stated, I agree, get it ahead of time then you don’t get stuck tabled.

President Anderson asked, do you just want it on the primary or do you want it on the secondary also?

Attorney Altman stated, both.

Don Ward stated, but, the subdivision goes on for maybe 100 years but, the utilities may change.

Director Weaver stated, I think that was his concern.

Don Ward stated, yes, and I don’t see any since of putting it on the final plat because, 50 years from now, it may not even be close.

Attorney Altman stated, the easement I’m thinking of…

Director Weaver stated, no, we’re talking the actual utility lines.

Attorney Altman stated, yes, the lines yes, on the primary.

Jay Clawson stated, yes, if there are any permanent utility easements like, those all need to be shown…

Director Weaver stated, yes, he realizes that the easements need to be shown…

Jay Clawson stated, as far as where the cable line runs and all of that stuff maybe for a primary just to see but, as far as the recorded thing, like cable, they have had to change mine 3 times in 9 years that I have been there so I have 3 different cable lines.

Director Weaver stated, that’s all that I have.

Jay Clawson made a motion to adjourn.

Gary Barbour 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