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The White County Area Plan Commission met Monday, January 14, 2002, 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, David Scott, Stephen Fisher, Don Ward, and Dennis Sterrett. Also attending were Attorney Altman and Director Weaver.

Visitors Attending were: Charles R. Mellon, Wil Davis, Michael Finnegan and Jerry S. Mattos.

The meeting was called to order by President Charles Anderson and roll call was taken.

Jay Clawson made a motion to keep the same appointments as last year. Don Ward seconded the motion. The Board voted unanimously.

President Anderson asked, now we need an attorney. As far as I know, we’ve got one name?

Director Weaver stated, I have not had any contact with any other lawyers. I have been told though that there are a couple that would be interested in the position.

President Anderson asked, is there anyone here?

Director Weaver stated, no and I have not talked to these people.

President Anderson asked, okay, do I have a motion on a lawyer?

Don Ward asked, keep the same one, is that it?

Jay Clawson asked, yes, I’ll make a motion, who wants to make a motion?

Don Ward stated, I’ll make a motion we keep the same one.

Jay Clawson seconded the motion.

The Board voted unanimously.

Jay Clawson made a motion to dispense with reading and approve the minutes of the November 13 and December 10, 2001 meetings. Motion was seconded by Don Ward and carried unanimously.

****

#776 The Kelly Family Limited Partnership; Requesting to rezone from R-2 to I-2 on lots 132 & 133 in North Addition and .50 of an acre. The property is located in the Town of Reynolds at 406 N. Boone Street.

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

Wil Davis was present to represent the request.

President Anderson asked, do we have anyone here with any questions about that request in the audience at all? Do the Commissioners have any questions about this request?

Attorney Altman stated, Mr. President, we have one rookie on the Board, Mr. Sterrett is our new Surveyor, I think that it might not be a bad time to refresh everyone’s memory about a variance and what the Board’s situation is, relative to a variance. A variance is a very discretionary decision on the Board’s part and the Commissioners part, or the City Council’s part that this will go to. You have to look at of course, what the Ordinance says, the statute says and you decide what is the best and highest use of the ground and then you vote accordingly.

Jay Clawson asked, Attorney Altman?

Attorney Altman stated, yes.

Jay Clawson stated, we’re not doing a variance.

Attorney Altman stated, a rezoning, I’m sorry a rezoning, you’re right. It’s the same with a rezoning, thank you very much. A rezoning is just as discretionary as a variance, in fact it’s almost more so, you just decide in your mind and it’s very hard to challenge it in court. So it’s the highest and best use that you decide for this particular tract of ground in making your recommendation. Thank you very much for the correction.

President Anderson asked, what is the land use around this?

Director Weaver stated, we’ve got residential to the South and to the, is it to the East also residential, and then you have industrial to the North, agricultural to the West.

Don Ward asked, why do you want make this industrial?

President Anderson asked, this adjoins and industrial zone?

Director Weaver stated, yes it does. One of the elevators is to the North.

Wil Davis stated, Demeter.

Director Weaver stated, Demeter.

President Anderson asked, do the Commissioners have any questions?

Don Ward asked, yes, do you intend to change this?

Wil Davis stated, no, we’re just trying to bring it into compliance, it was grandfathered in when Mr. Cline had it and we still own that of course but, we’re just trying to bring it into compliance.

President Anderson asked, you kept trucks and things there?

Wil Davis asked, I’m sorry?

President Anderson asked, you kept trucks and things there, is that what you did?

Wil Davis stated, yes.

Don Ward asked, how is it effected by the minimum, it’s 115’ shy of the minimum width.

Director Weaver stated, you’re right. I don’t know, Attorney Altman and I have briefly discussed this, this morning.

Don Ward asked, does it have to be a variance of some kind?

Attorney Altman stated, quite frankly, I don’t believe and this is the same opinion I had but, I don’t think that controls however, it does need to be of the minimum size, If it is the only tract of ground there that is I-2 and that’s the way that I look at it. It does need to be used as I-2, it needs to be a minimum size tract of ground to be used that way. Hanenkratt's of course, they put it together and that’s why I thought that was not subject to any attack like that.

Don Ward asked, are you talking about Idaville?

Attorney Altman stated, at Idaville, yes. Here it does meet the minimum size and a variance would certainly be something that would be prudent, I think to allow this be approved and used completely. However, I don’t know that the Board here has to decide that, that’s what you do when you vote on this rezoning but that’s not a bad suggestion to the applicant Don, not a bad suggestion to the applicant really.

Don Ward stated, I don’t think that they intend to change it, there’s not enough room to change it, they already have pole buildings and gas pumps so, they can’t really do much with it.

President Anderson asked, but, then this has to be passed by the Town Board too…

Don Ward stated, yes…

President Anderson stated, to do that….

Don Ward stated, I doubt that anyone would care around there, that’s the only thing that’s going to change.

Wil Davis stated, we’re working on making that a little peaceful now.

President Anderson asked, do you have any other questions?

Jay Clawson asked, why does it need to be I-2, why can’t it go under an I-1 classification in that area?

Director Weaver stated, I don’t know how we came about that.

Don Ward asked, why can’t it actually be a “B” zoning?

Jay Clawson stated, they are running out a waste disposal company out of there right now.

Director Weaver stated, and I believe that type of business has to be in an I-2 zoning, that’s how we came about requesting an I-2. It has to have an I-2 zoning with a special exception.

President Anderson asked, any other questions from the Commissioners?

Attorney Altman asked, so that would take them, quite frankly, to the Board of Zoning Appeals, that would just be something to add to it, add to the special exception request.

Don Ward asked, so we don’t really have to worry about that, it would automatically go to the Board of Zoning Appeals?

Director Weaver stated, we can do that in conjunction with…

Attorney Altman stated, yes, we can.

President Anderson asked, that would have to go the Board of Zoning, they have to go to that?

Attorney Altman stated, if they are going to get in compliance and be able to use it as fully as they want to, in that location, yes, yes, they would need that.

President Anderson asked, but, we don’t have to make this contingent on that?

Attorney Altman stated, I don’t think so, no.

President Anderson stated, I think that it would be a good idea to do that so, they can resolve a lot of other problems, you might want to complain or bring a lawsuit or anything else.

Jay Clawson asked, what would that actually be classified, if they are running that as a, it’s not really a waste facility, we really don’t have a…

Director Weaver stated, that’s how they have been treated in the past yes, as a waste facility.

Jay Clawson stated, it’s not a place where people bring their trash to, it’s a place more of a…

President Anderson stated, transfer…

Jay Clawson stated, trucking, it’s not actually like a transfer station they just…

Attorney Altman stated, it’s more of a recycle…

Jay Clawson stated, no, they…

Don Ward stated, just work on their trucks there…

Jay Clawson stated, yes trucks, it’s more of terminal but for a waste disposal. He doesn’t actually, he takes his trash, the trash isn’t actually stored there, they may have a dumpster sitting there…

Director Weaver stated, I was going to say but I think that they bring it in there on a temporary basis.

President Anderson asked, do you want to comment on that?

Wil Davis stated, I do know that EDS transfers it there and then moves it on to the landfill from there but, no one is allowed to bring anything in and dump right there on site. They use the garage to repair and stuff on his trucks.

President Anderson asked, but, he is transferring trash that is brought into the facility?

Wil Davis stated, yes, from his own trucks and they sit there overnight and then immediately from what I can see, move it on the next day.

Jay Clawson asked, he doesn’t actually take it off of one truck and then put it on another?

Wil Davis stated, no.

Jay Clawson stated, it just sits in his truck and he’ll take it to the landfill when he gets it full.

Wil Davis stated, right.

Jay Clawson stated, because, they are not really, it’s a waste facility in my opinion and we need to classify this with the place where they are brining it in on a facility and repackaging it…

Attorney Altman stated, sorting it some how…

Jay Clawson stated, it needs to be classified that kind of facility because, there are several of these around the county, people running trash businesses out of them and we should have something in our Ordinance that it specifically says what these places are and actually have…

Director Weaver stated, it does, on page 23 in the Zoning Ordinance article 2.129 Waste Disposal management source reduction under G, is a transfer station and their immediate facility where collected refuse is deposited for transfer to the final disposal site. The waste does require a special exception and that’s the way that we have been including these.

Jay Clawson stated, well, a transfer station is like what they have at Delphi where these guys that pick up trash like most of the small guys around here take it to Delphi to their transfer station. They dump it out of their truck, they compact it put it in a 10 yard or a 15 yard container whatever and haul it to…

Attorney Altman stated, he’s doing a lot less than what this says…

Jay Clawson stated, and Lafayette has a transfer station where they’ll bring garbage trucks in then load the garbage trucks put it on, compact it and put it on semi’s and haul it to the landfill, that’s how that’s classified.

Attorney Altman stated, I think that this is probably close enough that he probably would want a special exception but, we want to make sure also that limit it so that he is not dumping there ad doing like Lafayette does Jay.

Director Weaver stated, we have in the past though required a special exception for this exact use. This gentlemen, has gone through a special exception before.

Wil Davis stated, he is planning on going through one…

Director Weaver stated, and he is planning on going through it again, yes and we just did it on another business.

Attorney Altman stated, but I agree…

Jay Clawson stated, what I’m saying is that if you give him this full access he can turn it into this as to where if you can limit it to where there is not going not be trash taken out of trucks…

Director Weaver stated, but a special exception can do that. They can limit that…

Attorney Altman stated, and that’s what I was suggesting that when we get to the special exception that will limit it.

Gary Barbour asked, will that happen when the special exception gets passed? There is no guarantee for Jay or this Board here that, that will happen.

Attorney Altman stated, that’s right…

Gary Barbour stated, I can see what he’s saying, I mean that’s…

Director Weaver stated, okay but we have two members from that Board…

Gary Barbour stated, I understand but that doesn’t necessarily mean that those members will be at that meeting.

Director Weaver stated, that’s true.

Attorney Altman stated, well, you can certainly make that a part of a commitment requiring that, this Board certainly can.

Wil Davis stated, this is only a question and not an argument so please don’t misunderstand what I’m saying. How can you vary from what, and maybe this is in regards to Pat, how can you vary from what you have done before, approve these same variance or special exceptions, and make it different now? I’m not saying that he’s not going to do that, he’s not going to bring anything in, he’s talking about trash, he’s not going to do that first of all, we’re not going to allow him to do it…

Attorney Altman stated, the Board can do that given the location, they can just decide that this location requires that kind of a commitment and their because a rezoning is very discretionary they would be allowed to do that.

Wil Davis stated, it wasn’t a question of argument, it was just…

Attorney Altman stated, I understand that and we’re trying to talk back and forth and educate each other and that’s what I’m trying to say, yes, we can do that and Jay it would be really easy if you wish to make that as a condition on this.

Jay Clawson stated, I don’t think that you guys understand where I’m trying to come from. With this being in a residential and bordering a residential area. Being in a Town as where his other facility was out in the country next to recycling, car recycling place that if it was under and “I” or something where he, limit it to him bringing his trucks in there. Not unloading any trash, you know, use it where he can park until he goes to the landfill. By giving him an open book that could be, to make it a trash transfer station that makes it a lot broader scale. We’re trying to limit his usage there because, a truck terminal if the trash got leaves and the truck terminal wants to come in there the next time, you’re looking at putting something in a town that’s not going to be obnoxious to…

Attorney Altman stated, all that you have to do is require that.

Jay Clawson stated, what I’m saying is do we need and “I”, does it actually need to be an I-2 if he is not going to be allowed to make it a transfer station.

Attorney Altman stated, I think so, I really do, I think that we probably need that, I really do but, I have not problem with covering that with a commitment that limits that to just what you’re saying.

President Anderson stated, a commitment from…

Jay Clawson stated, and the thing is, it’s another the other was outside of town and we’re all of a sudden putting I-2 right in a down…

Director Weaver stated, the other property didn’t even get rezoned, it was already zoned industrial.

Jay Clawson asked, what the piece that we went through all those hoops was already zoned?

Director Weaver stated, the piece that he was on before previously, when he came in for his special exception was already zoned industrial.

President Anderson stated, you’re talking about people that were running a business?

Director Weaver stated, yes, with the trash business. Their property previously was already zoned industrial.

Jay Clawson stated, no, I’m talking Kelly’s property that we just did. That is not in a residential area.

Don Ward stated, it’s out of Town actually.

Jay Clawson stated, out of town, this is bordering right on the…

President Anderson asked, is this one in city limits or is this outside of the city limits.

Wil Davis stated, it’s in the city limits.

Jay Clawson stated, it’s in the city.

Wil Davis stated, the town Board has to approve it anyway.

Don Ward stated, you know Spark’s, eventually talked to me about subdividing everything West of it and you know the 20 acres or so that he owns behind it, he wanted to subdivide that into houses. So that puts a residential area on the other side so he would have it on 3 sides and industrial across the tracks.

Wil Davis stated, I seriously doubt that, that’s going to happen according to Spark, he has changed his mind he says that he’s getting to old and is just going to leave it agricultural.

Don Ward stated, but I think that someday that’s what’s going to happen to that property or at least the South part of it. Maybe the North part will go industrial since it’s next to the tracks.

Attorney Altman stated, I think that a waste facility on an I-2 with a commitment, restricted like you are waiting it restricted Jay, will have more control rather than less control than an I-1 but, that’s up to you guys to decide, just looking at the book.

President Anderson asked, so on this, the special exception is going to come from the Board of Zoning Appeals, that doesn’t come from us but, what we can do is limit to where he can’t transfer, store trash or unload trash?

Attorney Altman stated, that’s right.

Don Ward asked, how do we do that? Do we write it on the ballot?

Attorney Altman stated, yes you do and you want a commitment remedy that can’t store or limit trash.

President Anderson asked, who all is in favor of putting that special exception?

Don Ward stated, I am.

President Anderson asked, is there anyone else that has any questions?

Wil Davis asked, I just had one, I’m listing to you guys, I don’t have a problem with it but, just for a clarification should that even be considered on this rezoning shouldn’t that come up in front of the other one when Pat does that?

Attorney Altman stated, this Board can do that, this Board can put a restriction on it that required a permit, now it takes a Town Board to agree to that, the Town Board has to agree to that and the Town Board can do the same.

Don Ward stated, actually, you have such a small area anyway, it probably will never happen.

Wil Davis stated, exactly, thank you.

President Anderson asked, are we ready for a vote?

David Rosenbarger asked, what is the commitment supposed to say no transfer of trash?

Don Ward asked, yes, no transfer station, I think that’s what we want isn’t it Attorney Altman?

Attorney Altman stated, yes storage of, or…

Jay Clawson stated, overnight storage is not in question but, any long term or off loading.

Attorney Altman stated, or stock piling, yes your right.

Jay Clawson stated, especially right in town.

Attorney Altman stated no storing, not unloading or stockpiling of trash at the site.

Wil Davis asked, Attorney Altman, can you put no unloading, it depends on how you perceive that, if he unloads what is say a 40 yarder there overnight he drops it off he’s actually unloading that.

Don Ward stated, he’s not actually taking out of the container.

Wil Davis stated, nothing out of the container but he’s unloading the container on the property.

Jay Clawson stated, no, we’re talking about dumping it out on the ground, that’s what I would call unloading.

Wil Davis stated, wouldn’t that be, just rephrasing the stockpiling.

President Anderson stated, I would just put a not on there storage of trash on there because, he is going to transfer it there.

Don Ward stated, no storage at all, he’s really, if you leave it on a truck and you’re getting ready to move it, you’re not really storing it.

President Anderson stated, but, if you drop off one of those big storage units and you put another truck on that, that’s transferring. You say that he can’t transfer someone can probably get in on that one too.

Don Ward stated, I suppose that you can call that transfer right?

Attorney Altman asked, pulling out the same container that’s what you’re really saying, in and out with the same container right?

Don Ward stated, anything that pertains to a transfer station, period.

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 Town of Reynolds for their action.

Attorney Altman stated, the restriction on and need the commitment I will have to review that with you to make sure that they are correct. There will be no long term off loading, excuse me, the trash comes in, in the same container that it goes out is really what we’re saying, no stockpiling, no transfer and it will be forwarded to the Town Board of Reynolds for, with a positive recommendation.

Wil Davis stated, thank you.

Director Weaver stated, that commitment needs to be done by Spark or his Attorney and it will be review by Mr. Altman at Mr. Kelly’s expense.

Attorney Altman stated, yes, and we need that a head of time so that he doesn’t wind up having approval and then we don’t approve it.

Wil Davis stated, thank you.

****

#778 Jerry G. & Anita L. Mattos; Requesting to rezone from A-1 to R-2 on .90 of an acre. The property is located in Monon Township at 5494 N. Stahl Road.

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

Jerry Mattos was present to represent this request.

President Anderson asked, does anyone here have any questions about that request at all? Do the Commissioners have any questions about that request? If there are no questions, I say 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, that will be forwarded to the County Commissioners with a positive recommendation and that will be next Monday morning right?

Director Weaver stated, yes

Attorney Altman stated, at 8:30 in the morning right here, they have the final say.

Jerry Mattos stated, thank you gentlemen.

****

#266 Michael D. & Brenda J. Finnegan; Requesting secondary 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 that request?

Michael Finnegan was present to represent the request.

President Anderson asked, secondary?

Director Weaver stated, secondary request, yes.

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

Jay Clawson asked, is everything done right, do you know?

Don Ward stated, yes, he had that straightened on the last secondary.

Director Weaver stated, right, the plat is ready, I did have a question. Are there any improvements to be put in?

Michael Finnegan stated, no.

Director Weaver stated, this is to be hooked up to the sewer system right?

Michael Finnegan stated, right.

Director Weaver stated, now I know that we just recently ran into a situation here in Monticello with public sewers as to who runs the main line. Who, is that something that the owner is required to do, Jay you probably have some input on this one, is this something that the owner is required to do?

Jay Clawson stated, well, this system that they have on the lake, it’s hard to say because it’s a forced system as compared to a gravity because a lot of times, in the City…

Don Ward stated, …for the work but normally…

Jay Clawson stated, not on the way that everyone has to have these high-pressured injectors that run out of their tanks. There probably should be in the easement something, I don’t’ know how that should probably come before the Regional Sewer Board on how they are going to access it, I don’t know how. I think that it’s just run out on the road out in front of them.

Director Weaver stated, I just wanted to bring this up for discussion so that this could be clarified so hopefully we could avoid a situation like what we had here in Monticello.

Don Ward stated, well, this is with SFLECC.

Jay Clawson stated, no, Twin Regional Sewer District.

Don Ward stated, yes, Twin Lakes Regional, they run the mains everywhere else…

Jay Clawson stated, the mains so it’s totally different than any sewer system that I have ever been around.

Don Ward stated, so far they are, they going to put in the pumps?

President Anderson asked, the pumps that go to the main…

Jay Clawson stated, each house has to supply their own pump, and they have to pay their own taps.

Director Weaver asked, so Mr. Finnegan is not responsible for that is what we’re saying?

Don Ward stated, we don’t know.

Director Weaver stated, to the best of our knowledge.

Jay Clawson stated, to the best of…

Director Weaver stated, not that we’re going to require, let me put it that way.

Jay Clawson stated, right, Regional Sewer Board is going to require more. The access easement where all of the lots are coming on the access, are you putting the roads in for these, for the, there is only a couple that have much length at them at all, the one that’s on…

Don Ward stated, far North…

Jay Clawson stated, lot #1 and #2, and then the one that is lot #7, #8, #9 and #10 will use and are we going to need a bond for.

Attorney Altman stated, for the roads yes, or he can…

Jay Clawson stated, have the work done…

Attorney Altman stated, have the work done.

Director Weaver stated, those aren’t actually roads they are driveways.

Jay Clawson asked, who is going to put them in? I mean because we’re requiring that all of it be every lot use that and only that as the ingress and egress so they are almost going to have to be a road access road to go back in.

Director Weaver stated, okay.

Jay Clawson stated, because more less, that’s what we…

Don Ward stated, it’s a private road basically.

Jay Clawson stated, they are going to be private roads.

Don Ward stated, because they are not wide enough for the county, they have to be 40’ so the county can never take them over.

Attorney Altman stated, they are not going to so that’s pretty important.

Gary Barbour stated, but you still have to get the lots access though.

Attorney Altman stated, yes. One thing that I do believe that isn’t quite still addressed very specifically in the plat and that is that and I just go down the subdivision lot by lot. I think from what I understand the Board has said in the minutes and prior meeting, that I was at, is that lot #1 and lot #2 only access off of the 30’ driveway easement. Lot #3 and #4 only access off of the 30’ access easement and lot #5 and #6 do the same. Then lot #7, #8 and #9 do the same and I don’t think that it says in here anywhere that, as an example the lot #9 could maybe go straight on to the county road rather than going on this access easement. I think that the Board has been very clear about requiring that and we need that put in your plat. These folks, whoever they are must access on and off of these concentration points okay, so that needs to be added to the plat. Now that is really comparability you know it’s about 4 sentences to add is all that it is. Otherwise, that and the bond…

David Rosenbarger stated, that needs to be written down.

Attorney Altman stated, I know that you did…

Director Weaver stated, I thought that we had it.

Don Ward asked, what about the maintenance of it, after they are built, another 15 years.

Attorney Altman stated, and the maintenance would be bore by those people I would think, the owners of the lot.

Don Ward stated, each lot of the, the owners of the lot that empty into each driveway, boy that could cause some fights.

Attorney Altman stated, I understand what that says but, it doesn’t say that lot #7 couldn’t decide, I would like to go out here rather than out here it does say that is there but, I just see them going wherever they want to. Then we will have more access on there and more string town effect than we’re trying to limit and I think that is good planning which you are trying to limit and that’s all.

Don Ward stated, so this is going to be a restriction on the plat?

Attorney Altman stated, yes, I think that it needs to be a restriction on the plat and enforceable by our department.

Don Ward stated, then we ask for a bond but we haven’t said what we want for that bond.

Attorney Altman stated, the way that I would look at that would be comparatively simple the jurisdictions engineers say that this takes this much to put the proper roads in there and that’s how much a bond is.

Director Weaver stated, we normally get a letter of credit.

Don Ward stated, what I’m saying is though, we haven’t said what’s the proper road.

Attorney Altman stated, then I would think county specks would be the proper…

Don Ward stated, I don’t think that they have the room.

Attorney Altman stated, no I mean, I understand, I don’t mean width wise, I mean…

Don Ward stated, just the surface.

Attorney Altman stated, I mean surface area, obviously you’re right they don’t have the room to get in there under county specks but at least they can have the base and the top.

Don Ward stated, 12’ or 14’ width or a 16’ width or something.

Attorney Altman stated, yes, with the…

Don Ward stated, probably 12’…

Attorney Altman stated, with a good sub-base, like the Subdivision Ordinance requires is what I’m envisioning here Don is that what you folks wish to do?

Don Ward stated, well, I think that the county speck is chip and seal, I don’t know if they need that or not, that might be worse out there than just having a crushed stone driveway.

Attorney Altman stated, so, tell me what you guys want, real simple because he’ll do it.

David Rosenbarger stated, just as long as they put in a good base.

Don Ward stated, yes.

David Rosenbarger stated, that’s the big thing.

Don Ward stated, the chip and seal is hard to maintain, it’s a little harder to maintain and take care of.

Attorney Altman asked, so what in addition to restricting the access, you just want the roads and the easement area be put in according to county specifications, we’re not talking width wise of course we’re talking depth and strength wise but, not chip and seal right Don?

Don Ward stated, well, that would be…

Attorney Altman asked, is that what we’re saying?

Don Ward stated, that’s what county specks are I think is chip and seal.

Attorney Altman stated, but, stopping before that is what I’m suggesting.

Don Ward stated, I do too because it’s such a small area that…

Attorney Altman stated, I’m just saying is so he can hear us and know exactly what we’re saying.

Jay Clawson asked, how would you write that as specks for that type of a road though?

Don Ward stated, I think we’re going to have to call for say either a 12’ or 14’ width of pavement with a 6 inches of compacted, aggregate base and proper drainage.

Attorney Altman stated, I think that we just did it.

Jay Clawson stated, yes, I mean we just have to have a minimum speck that we can tag on there.

There was discussion among the Board members.

President Anderson stated, as far as the name on this subdivision…what they have to maintain in the subdivision, everyone in that subdivision would have to maintain those two roads.

Attorney Altman asked, yes and be maintained by the lots that access off of it. Does that sound fair Don?

Don Ward stated, yes.

Attorney Altman stated, and be maintained by the lots that access on it.

Don Ward stated, if it were larger, you could have an organization that did that of lot owners where they had a President and a Board but it’s not big enough to worry about that. It really isn’t, hardly big enough to worry about, let them fight it out.

Attorney Altman stated, and obviously require that they hook up to the sewage system.

Jay Clawson stated, I’m sure before you can get any kind of a permit, you have to…

Attorney Altman stated, I understand, I’m just adding those.

Director Weaver stated, we require a letter from the Sewer Board, yes.

Jay Clawson stated, I was going to say with knowing that they have sewer I doubt that they will let you…

Director Weaver stated, as proof that they have contacted them and we leave that up to them. Don, could you go over those specifications again, 12’, 14’ width with how much base?

Don Ward stated, I would say, I think that it should have 6” of compacted aggregate base because you’re going to have some trucks in there, ready mix and stuff and fire trucks and hopefully never fire trucks.

Director Weaver asked, is that all?

David Rosenbarger asked, would you say minimum?

Don Ward stated, with proper drainage, yes minimum with proper drainage.

David Rosenbarger stated, I mean he can put anything in there that he wanted.

Don Ward stated, yes he could put a lot deeper if he wanted. Probably could call up for even a 5” but, width, it depends on a lot of what he has underneath of it. Actually, you don’t know until they build their houses, where to put it. There is no sense of running all of the way to the end of the road like on the North and the South one until you find out where these people are going to end, exit on to it. Once you figure that you then you know how long you have to build it, otherwise, you don’t know.

Attorney Altman stated, but that’s kind of up to them when they maintain it.

Don Ward stated, right.

President Anderson stated, so, we’re going to condition this on…

Attorney Altman stated, hooking up to sewers, road be put in as Don set out and that it be maintained by the lot owners after it’s put in by the owner and the access be as I set forth.

President Anderson asked, and the access would be through the two access roads?

Attorney Altman stated, yes, to the access areas. Obviously, that does leave #10 accessing I presume near that utility drainage easement, getting that a little bit up that hill, getting that hill a little bit away from lower areas.

With no further discussion the Board voted.

The Secondary Approval request for a subdivision to be known as West Bedford Estates 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, with the conditions that there be sewage hookup for all of the lots the driveways be used as platted, as we set out on the record. That the lot, that the drives specks set as with Mr. Wards application that it be 12’ width minimum and 6” aggregate base compacted proper drainage and that it be maintained by the lot owners. Do you understand what we did?

Michael Finnegan asked, could I have a copy of that?

Attorney Altman stated, you bet, not right now but tomorrow we’ll give it to you.

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#267 Randall A. & Karen K. Yoder; Requesting secondary approval of a 2 lot subdivision to be known as Yoder Subdivision on 0.220 Acres. The property is located in the Town of Brookston at 204 & 206 E. Third Street.

President Anderson stated, we had some conditions on that as far as, how did you decide to do that, we left that where you can do it two different ways.

Karen Yoder asked, do you have a survey with it on there?

Director Weaver stated, the plat says that it was granted as an easement.

Karen Yoder stated, from the, whatever street that is to the West.

Director Weaver stated, I believe that he shows it the whole North side.

Randy Yoder stated, yes, it should be the whole North side.

Director Weaver asked, Jay, what does it say right there on the North side about the access?

Steve Fisher stated, there to access rear lots #1 and #2.

President Anderson asked, so the lots stay the same?

Director Weaver stated, I want to hold up on this just one minute before you make a vote.

There was discussion among the Board members.

Director Weaver stated, in the file I have a copy of a purchase agreement from their proposed buyer of lot #2. He questioned if the layout of lot #2 as shown on this plat is the same as his purchase agreement reads. I’m having Dennis look at that right now. I tried to look at it myself and I can’t make heads or tails out of it. Dennis is looking at it at the moment.

Attorney Altman asked, what you’re saying is the description on the purchase agreement may deviate from the plat?

Director Weaver stated, from the plat yes.

Dennis Sterrett asked, is this the plat?

Attorney Altman stated, the plat is coming at you.

Director Weaver stated, that is the purchase agreement. That legal description that you’re looking at is from the purchase agreement.

Jay Clawson asked, does that have anything to do with us?

Steve Fisher stated, yes, why are we worried about a purchase agreement?

Director Weaver stated, yes it will because I don’t know that we’re laying out this lot the way that the gentlemen has already purchased the property, don’t we want to see that plat agrees with the way that they are intending to sell this?

Steve Fisher asked, how owns it now?

Director Weaver stated, Yoder’s still currently own it but they have signed a purchase agreement.

Attorney Altman stated, they sure don’t want to have a subdivision that deviates from the contract.

Director Weaver stated, right.

Jay Clawson asked, wouldn’t it be easier for them to, deviate the contract than it would be a subdivision that we just approved though?

Attorney Altman stated, well, it depends on Mr. Joy or Chaney and Mr. and Mrs. Chaney, if they would agree to it. That’s the problem, they have this one’s solid of course if they agree there is no problem. Obviously, this is really committee work and maybe should have been…

Don Ward stated, should have been done ahead of time.

Director Weaver stated, like I said, I tried to get it taken care of…

Attorney Altman stated, no, I don’t mean you, not at all, it’s not your duty to do it but certainly it’s a legitimate consideration.

Director Weaver stated, I thought so, I felt like it was.

Attorney Altman stated, but that’s what their surveyor should have done before.

Director Weaver stated, I agree.

Steve Fisher stated, yes, their surveyor should have done that before if they had sold it.

Director Weaver asked, did Jim have a copy of this purchase agreement.

Karen Yoder stated, I don’t know if Jim did. The people that are buying it, they know that all that we’re getting is access to the backside of that building.

Director Weaver stated, see that’s not what he indicated to me, Mr. Chaney.

Randy Yoder asked, what did he explain to you guys?

Director Weaver stated, he explained to me what his understanding was that he was actually purchasing the property right behind the building. My intention is for us to just to make sure that your purchase agreement agrees with your plat. What you agreed with them is not our concern but, we want to make sure that the purchase agreement agrees with the plat.

Randy Yoder stated, that’s why we went with the easement because if we didn’t he’s thinking that he goes clear to the North boundary with easement in there and then that leaves that 13’ whatever it might be which they wouldn’t own. I guess that it should be platted off like that and I think that’s what it is here.

Karen Yoder stated, remember last meeting that’s what we were deciding was were we going to create access and they have known, from a week later we made our decision it was going to be granted access there was never a question.

Randy Yoder stated, that way they could put up a fence or something to where you can go all of the way through.

Steve Fisher stated, he says that it conforms and then all of a sudden they get to their closing and it doesn’t conform that guy’s going to come back on us because we said that it conforms and we’re making it work for them. I don’t like that.

Director Weaver stated, I just wanted to bring this up because…

Jay Clawson stated, we’re not trying to make a determination on their sell, we’re making a determination on the subdivision that is in front of us. I don’t think that it’s up to us to confirm, if there is a problem with it they need to negotiate the way that it is split.

Karen Yoder stated, I don’t have a past with the easement….

Jay Clawson stated, and then you can negotiate with your people that you’re selling it to, if your willing to go with that, that’s fine.

Randy Yoder stated, I know that the wife, we were back there one day trying to explain to Dave, even walked out there and kind of showed him. So I don’t know if he quite understood what we were getting at but Joy understood what was going on with the easement part so…

Karen Yoder stated, the only thing that I can see is sometimes they park their vehicles there, maybe he is worried that he won’t be able to park there but, as long as were…

President Anderson stated, if he has an easement there, he can park there any time that he wants.

Karen Yoder asked, can he park there or does he have to leave it open for people to come through the way that is written because it says for #1 and #2 on that. To me that would keep it open, so he’s wanting to access the other building although, you can get it from the alley…

Attorney Altman stated, that may be your problem, not necessarily a subdivision approval problem.

President Anderson asked, if you want us to pass this, if we can’t determine that and we probably shouldn’t have to determine that tonight. If you want to go ahead with we can go ahead with it or if you want to table it tonight everything has been met that we asked them to do right?

Director Weaver stated, yes, and there are no improvements to be put in correct?

Karen Yoder stated, right.

Director Weaver stated, that’s what I thought.

Dennis Sterrett stated, I think that it’s alright except for the North part they must not be…

Director Weaver stated, and that’s the part I question is the North.

President Anderson asked, so what do you think it does say? Does it seem like that piece of property should have been included in it or not? Can you determine that?

With no further discussion the Board voted.

The Secondary Approval request for a subdivision to be known as Yoder Subdivision located in Town of Brookston, 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.

****

President Anderson asked, next on the agenda is business, do we have any business to discuss?

Director Weaver stated, just, are there any questions about the Attorney’s fees on the claims?

The Board stated, no.

Director Weaver stated, I apologize, I guess that I never introduced Mr. Sterrett, this is Dennis Sterrett, he is our now White County Surveyor. That’s all that I have.

Jay Clawson made a motion to adjourn.

Steve Fisher 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