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The White County Area Plan Commission met Monday, June 10, 2002, at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Jay Clawson, David Rosenbarger, Charles Anderson, David Scott, Stephen Fisher, Don Ward, Gregory Bossaer and Dennis Sterrett. Also attending were Attorney Altman and Director Weaver.

Visitors Attending were: Charles R. Mellon, Joyce Fulford, Kay Harrison, Bob Lamb, Brenda Jaenicke, Richard and Elizabeth Syphers, Don Newman, John Briney, Cindy and Ray Bixler, Donna Geisler, Paul Wing, Attorney Tribbett, Michael and Lynn Beach, Jim and Becky White, Bea and Jim Smith, Wanda Martin, Richard Martin, Russell Graefritz, Mary Cook, Joe Holscher, Marilyn Holscher, Tracy Bradley and Dave Anderson.

The meeting was called to order by President Charles Anderson and roll call was taken. There are no minutes to be approved.

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#785 James E. and Beatrice Smith; Requesting to rezone from R-2 to R-3 on .775 of an acre. The property is located at 5785, 5787, 5789, 5791 & 5797 E. Golden Hills Drive. This was tabled from the May 13th meeting.

President Anderson asked, we wanted?

Attorney Altman stated, we wanted commitment to be submitted to the Board, and a commitment has been prepared, and submitted to the Board, that everyone has a copy here. That’s why we tabled it Mr. President.

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 come forward and say your name loud and clear? First of all do we have anyone here representing this request?

Attorney Tribbett stated, yes, we do.

President Anderson asked, do you want to state your name here first.

Attorney Tribbett stated, my name is Don Tribbett, I am an Attorney from Logansport, Mr. and Mrs. Smith are with me here this evening.

President Anderson asked, okay. Do you want to go ahead?

Donna Geisler stated, well I would like to have a copy of what you’re doing. I don’t know if we could have any objections to it, when we don’t have access to it.

President Anderson asked, yes, we can go ahead and give you a copy of it, if you want to read. Do you want to read this request here?

Attorney Altman stated, I don’t know if I want to read all of it, although someone certainly can, I mean, it’s been filed with us for sometime. I certainly will read what I consider to be the body, the real significant body of it is that upon the rezoning from R-2 to R-3 and the issuance of Improvement Location Permits they will remodel the mentioned a garage and storage unit into a single resident dwelling unit. The Smith’s agree to the following commitments, one is as soon as the conversion of the garage/storage unit into a single family residence has been completed the Smith’s will remove the two mobile homes from the said real-estate resulting in 4 single family resident dwelling units remain on said real-estate as follows. The apartment above the garage, the duplex, the garage and storage, excuse me the garage/storage unit converted into a residence. At no time thereafter will the Smith’s increase the number of single family residence dwelling units on said real-estate above the four even though, the addition of more residence dwelling units would be pursuant to R-3 zoning designation. In the event of destruction of any existing residence dwelling units by fire or other causality the Smith’s will be entitled to replace said structure with another unit of similar size. The usual language about it being binding on everyone and it will be enforced by the written, the Commissioners of White County and the commitment is not recorded until it’s done I think, that’s probably the major part of this matter. So it really amounts to, that they have, they could have more but they will only have 4 when they are done assuming that this is approved and this would take this bodies action and the Commissioners approval of it. Then it has to go to the Board of Zoning Appeals to approve it also. I don’t think that’s really irrelevant here but, that is part of the territory. Is there anything further that you would like to mention in that commitment Mr. Tribbett?

Attorney Tribbett stated, I think you fairly read that, I guess I would stress the fact that if this all goes through the way we are proposing, you would end up with one less residence on that property. You would end up with a total of three less structures, because your getting rid of two mobiles, or two less two less structures, you’re getting rid of two mobile homes, so you would end up with two, less structures. There are no changes to the layout of the current structures on there so there wouldn’t be any change to any of that. I know that there were concerns about parking that were raised, there were concerns about traffic on the road, all of those I think would be better off under the proposal that we are making, than the currant situation, would less dense and less traffic going back into the area. Respectfully, ask you approve this request.

President Anderson asked, do we have any other questions? You have to state your name each time because this has to go on record.

Donna Geisler asked, yes, I have one or two questions. Number one, it says that, that no time will they increase the number of single-family residential dwelling units. Does that limit them for a multiple family dwelling units also?

Attorney Altman stated, yes.

Donna Geisler stated, okay, and I would also like to know if the Board is willing to commit…

Attorney Altman asked, right Mr. Tribbett?

Attorney Tribbett stated, right.

Attorney Altman stated, I just wanted to make sure that I’m not reading more in it.

Attorney Tribbett stated, that certainly is the intent on our part.

Donna Geisler stated, okay.

Attorney Altman stated, second question.

Donna Geisler, asked, second question, is the Board willing to commit to other’s in this area that they might also be able to rezone?

Attorney Altman stated, no we’ve got to look at them and see.

Donna Geisler asked, and I would also like to know of anybody else in the area has asked for rezoning and have been turned down?

Director Weaver stated, not to my knowledge.

Attorney Altman stated, not to my knowledge. That doesn’t necessarily mean too much because, we have to look at each particular incident individually but, I don’t recall any matters that have been turned down in this area, that would be similar.

President Anderson asked, any other Commissioners remember anything that we’ve had before?

Vice President Clawson stated, no, not in this neighborhood, no. That plan thing was at the end of that road all of the way…

President Anderson stated, Planned Development.

Vice President Clawson stated, yes, that was at the end.

Steve Fisher asked, that was what 5 years ago or 6 years ago?

Director Weaver stated, I think that it has been longer than that.

Steve Fisher stated, that’s the only thing that I can remember back there.

Donna Geisler asked, okay I also wanted to ask that, why couldn’t this be done without changing it to a R-3 zone? What couldn’t they, what they are proposing be done under R-2 zone?

Attorney Altman stated, I believe that would be a use variance and our State Law and Ordinance specifically prevents us from granting what would be calling a use variance.

Donna Geisler asked, so who will be approving the use variance?

Attorney Altman stated, it isn’t a used variance. You say doing it without a rezoning.

Donna Geisler stated, right, right

Attorney Altman stated, that would be a used variance. With it being rezoned to R-3, it is not a use variance, because it’s a use permitted in a R-3.

Donna Geisler stated, okay. Then I want to make a couple of other comments, the Smith’s bought this property knowing that there were restrictions, and ignoring them, they went ahead and did what ever they wanted to do, without getting proper permits, and without paying any penalties, for not obeying the rules and regulations. They made life miserable for their closest neighbor Mary Cook and with this, I think there is a danger of a fire, because it is so close to her home and he speculated that he could control the Board based on his desires, and I am asking that you turn down this request. Thank you.

President Anderson asked, do you want to respond on that at all?

Attorney Tribbett stated, no I think we have done everything we could possibly do to try to make this tolerable to everyone. Again, I don’t want to offend anybody but, it seems to me that it is a no brainier, everything that is going to end up here, is going to be better than it is now and too, I’m not sure how I can address concerns about what they’ve done, were here to try to get this situation corrected. They know they started doing some work before they should have, they have admitted that, they admitted that the first time they were here but, were here trying to get that situation corrected. I know that you folks have heard this and probably tired of this case and probably want to get it off of your agenda and I don’t want to belabor any points. There are some neighbors, I believe here tonight, who are in favor of what the Smith’s requested. I know that you have kind of gone back and forth, if you care to hear fine, if you prefer to go ahead and vote on this now, I’m certainly not going to object it.

President Anderson stated, do you want to respond…

Donna Geisler asked, I have one more request, last month I also submitted a drainage thing that everybody asked for. Has anybody taken a look at that yet? That was supposed to be looked at, and checked out, if I remember.

Director Weaver stated, in the file, do you find that, I made a copy of it...

Donna Geisler stated, because, that was an issue last month too, and there are, also some neighbors here that also object.

Attorney Altman stated, best thing is to raise hands those who object, unless you have something.

President Anderson stated, either for, or against. If you guys want to speak, we will let you speak. If you don’t have whole a lot more to add to it, you know you can, we can call a hands for and against, if you want to do something like that too.

Donna Geisler asked, did you address those concerns on the drainage?

President Anderson asked, I wasn’t even here last month, so I don’t know. Who wanted to see the drainage on it?

Donna Geisler stated, everybody had a copy, Director Weaver made copies for us.

President Anderson asked, do the Commissioners have any questions about this request? Does anyone else in the audience, state your name and come forward.

Joe Holscher stated, I’m Joe Holscher, I live across the street from this property. What the Smith’s are doing, I think it’s a good thing. It is going to better everything there, it’s just going to be better all the way around and they’ve worked hard to do this, and tried to do it, you know. That’s the only thing I wanted to say.

President Anderson asked, does anyone else want to make, well we’ve got her first.

Marilyn Holscher stated, I’m Marilyn Holscher, my husband and I do live directly across the street and we know the Smith’s as good friends and good neighbors, and we don’t have any objection whatever to this. We have property on the lakeside and we certainly wouldn’t want to see the value of our property decreased. If we felt that was going to be situation that would lead to that but, we just have no objection and we think if anything, that they are probably are doing that small community a favor. I don’t know, you know exactly as much about the objections, because we haven’t been able to come to the meetings but, I do think and hope that it isn’t just a personal vendetta, because I think that there is a possibility of that.

President Anderson stated, we don’t want to get into personalities right now or anything like that.

Marilyn Holscher stated, so anyway we just want to let you know that we don’t have any objections to it.

Attorney Altman asked, do you have any drainage problems ma’am?

Marilyn Holscher stated, no.

President Anderson asked, do you want to come forward, or stay there if you want to.

Mary Cook stated, hi, I’m Mary Cook and I live next door to them since they have been there I have not spoken at these meetings. I have some pictures here that I would like for you to look at.

President Anderson stated, if you are going to bring them here, we have to put them in as record on that too.

Attorney Altman asked, are they all the same Mary?

Mary Cook stated, yes, I have four pictures on each sheet.

President Anderson stated, do you want to bring one back here, or pass one back.

Mary Cook stated, pass that one back there. As you notice on those pictures there, he’s put up a fence, it’s a wooden fence, and he has stopped the flow of water from coming down from the hill which we get a lot of the run off from the fields, farm, we get a lot run off from the Airport and we also have a lot of springs down through there. It doesn’t take much water to come down through there and when it does, it floods me out as you can see, this goes on constantly. Now, the water use to come down and it would go through a chain link fence, that Mr. Dunham and Mr. Cory had up and it would work it’s way over to a big basin, over in his drive. Well, he has now upgraded his property and drive, and he’s got it closed off. There’s also a drain out in the front, he’s also got that one closed off with a driveway and as you can see from the pictures, that’s what I get all the time.

Attorney Altman asked, when were the pictures taken Mary?

Mary Cook stated, some of them were taken in ‘92, some was taken in ‘93. The well pit filled up in ‘90. My son was going to rent the place, it filled all the way up to the top.

Donna Geisler asked, and you did report this?

Mary Cook stated, oh yes, I reported everything. I’ve got papers at home from different departments…

President Anderson asked, are these private drains? Or are they county tiles or they…

Mary Cook stated, Mr. Cory put them in, him and Mr. Dunham for the neighborhood because we are sitting at low point and it takes everybody. When he plugged up the one across the front, the water ran across the road…

President Anderson asked, what exactly did you plug up though?

Mary Cook stated, well there was a basin in the front, the drain. Surface water and one over in his driveway surface water.

President Anderson asked, was it tile or was it…

Mary Cook asked, yes, it was a tile, wasn’t it Donna?

Donna Geisler stated, I think that it was.

Mary Cook stated, yes.

Donna Geisler stated, it was the one I showed you last month, I still have a copy of it….

Mary Cook stated, yes that’s…

Vice President Clawson asked, President Anderson is this really relevant? Should this be something the Commissioners should be hearing? Especially if something changed.

President Anderson stated, the Drainage Board should be hearing it maybe, I don’t know.

David Scott stated, it may be my opinion that she may have a case but, it has nothing to do with what we’re talking about here.

President Anderson stated, not on the rezoning.

David Scott stated, what he’s wanting to do has nothing to do with drainage.

Mary Cook stated, well, I will also say that his, the so called shed that he has next door that he wants to turn into living quarters is sitting within 3’ of my garage.

David Scott stated, but, it’s going to still sit there, weather he makes living quarters out of it or not.

Mary Ward stated, I know but see there is going to be that danger of fire more so, because he will have cooking, gas and everything else in there which, I gave a variance okay, because he was going to turn it into a storage shed. There was nothing on there that he was going to turn it into a home when he first applied for the variance.

President Anderson asked, is it grand fathered?

Director Weaver stated, storage, they allowed him to put a loft in there for storage.

President Anderson asked, and that’s it?

Director Weaver stated, yes, that’s right.

Attorney Altman stated, that’s what he has to get approved, the variance was to make to make a loft not living quarters.

President Anderson stated, not a living quarters.

Director Weaver stated, President Anderson was asking me why this has to go on to the Board of Zoning Appeals. So I was explaining that to him.

Mary Cook stated, Mr. Anderson was out at the house, was out at the property, he came out and he looked around and he took pictures and he said he would get back with me, because he seen…

President Anderson stated, not this one.

Director Weaver asked, you’re speaking of Dave Anderson the Building Inspector correct?

Mary Cook asked, which one of them it is.

President Anderson stated, he’s the thin one.

Mary Cook stated, okay but, he did take pictures and he said he would get back, and he could see all kinds of violations around there, he had about six of them and he didn’t want to approve of the structure…

President Anderson stated, the structure on there…

Mary Cook stated, because the lower part is still old material, it can go up at a drop of a hat, and upstairs, the upstairs they put up new material but, it’s sitting right there and it would kind of hard for a fire truck or anything to get down through there, in case if we did have a big fire.

Director Weaver stated, if he is allowed to put, to change this structure into a residence, he will have to get a building permit and he will have to have inspections done.

Mary Cook stated, I know that…

Director Weaver stated, just clarifying that.

Mary Cook stated, and all them things that started when Ray Ferdinand was here, and it never got anywhere, we’ve tried and tried and tried and tried, I have, with different departments.

President Anderson asked, as far as the drainage problem?

Mary Cook stated, drainage, building and everything else.

Donna Geisler stated, railroad ties.

Mary Cook stated, railroad ties.

Attorney Altman stated, one at a time, one at a time. We can’t keep the records.

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

Attorney Tribbett stated, yes, I don’t see how the drainage is going to be affected one way or the other. I just wanted you to pick up on that. So I am not sure what I can say, I could show you a drawing that, what show’s what he has done, he has added drainage there from what was there when he got there. In fact, volunteered at one point to connect his drainage…

President Anderson asked, as far as the closeness of the structures…

Attorney Tribbett stated, well, it’s there I mean her structure is not any farther across the line than his. People in those areas built things, have always built things close to the property lines, I think that the Fire Department is fully capable of dealing with those issues, they have them come up all of the time.

President Anderson asked, do the Commissioners have any other questions?

Don Ward stated, yes, I have one, this one trailer is drawn over the line, is that one of those that is to be removed? This trailer right there, I assume that is a trailer.

James Smith stated, well, I can show you on the survey…

Attorney Tribbett stated, no, it is not across the property line.

David Rosenbarger asked, the last that they stated, that they did remove the two trailers? Three months, nine months after the permit? They would okay it to reverted it back to R-2 but, what is the County’s, what can we do about it? If they go ahead get the permits and re-do this building, and then decide not to move the two house trailers out. What does going back to an R-2 mean?

Attorney Altman stated, two residences on this on this lot.

Don Ward stated, they will be back in violation again.

Attorney Altman stated, yes, they would be in violation, they allowed two…

David Rosenbarger asked, they wouldn’t go back to the grandfather clause?

Attorney Altman stated, that’s right.

David Rosenbarger stated, I just wanted to make sure.

Attorney Tribbett stated, again, that is not my client’s intent…

David Rosenbarger stated, I’m sure, I’m just looking…

President Anderson asked, do we have any body else in the audience that wants to, you want to state your name?

Bill Burgess stated, my name is Bill Burgess and I own two properties one at 5790, one at 5792, the kids pretty much fill out the pie at 5790. My wife and I are revamping the property at 5792 for us to live in as a permanent home and I just want to say that I think what has been done to the neighborhood is an improvement and I’m in favor, my wife and I are both in favor of them occupying pool house, after all we’re right across the street from it. Removing those two trailers I think it’s going to be better for everyone, it’s going to be less traffic, I’m going to have grandkids there I don’t want any more traffic than the next party down there so, I think it would be a great improvement so we endorse it.

President Anderson asked, thank you. We had someone else back there, do you want to go ahead and come forward?

Rick Syphers asked, my name is Rick Syphers and I have a weekend home at the end of the road at 5806 Golden Hills and I don’t know these people hardly at all. My only question is on R-3, in the future how many buildings can be built on there and how many people could live on that property?

Don Ward, stated, none it’s set up for four, be no more, forever.

Rick Syphers stated, forever, okay, that was my concern.

Donna Geisler asked, that’s single residence right?

Steve Fisher stated, that’s what it specified.

Attorney Altman stated, as long until, the only way this could be modified, it would have to come through the process again and get an approval of modification of their commitment, would be the way, nothing’s ever set completely in cement but, it would have to come through the same process.

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

Attorney Altman stated, that was marked Exhibit A.

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 the County Commissioners for their action.

Attorney Altman stated, this will be forwarded to the County Commissioners with a positive recommendation, and that meeting will be next Monday morning right at 8:30…

Director Weaver stated, yes.

Attorney Altman stated, right here and they have the final say, so if you want to say anything, be there.

Mr. Smith stated, thank you.

 

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#790 Michael D. & Brenda J. Jaenicke; Requesting to rezone from A-1 to B-2 on 2.032 acres. The property is located north of Lowe’s Bridge on the Southwest corner of West Shafer Drive and Lake Road 52 west. This was tabled form the May 13th meeting.

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

Mike Jaenicke stated, I’m Michael Jaenicke, owner of the property.

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

Michael Jaenicke stated, first thing…

Attorney Altman asked, is this the same thing that you…

Michael Jaenicke stated, well essentially the third sheet, I have labeled as, just added some labeling so there is no questioning or anything.

Jay Clawson asked, are you wanting our comments or our questions now?

President Anderson stated, yes.

Jay Clawson asked, with changing this from, first of all, I have a question for you. Are you keeping livestock on this ground now?

Michael Jaenicke stated, yes.

Jay Clawson stated, in our Ordinance, is there…

Michael Jaenicke stated, but, they don’t have to be a permanent.

Jay Clawson asked, there are there horses, right?

Michael Jaenicke stated, correct.

Jay Clawson asked, now, do we have…

Attorney Altman stated, two for every 3.

Jay Clawson asked, I know but, if you’re rezoning to business, does that mean the horses have to go?

Attorney Altman stated, obviously, they are not a business use, and that real estate cannot be counted for the, unavailable for horses. There very light on acreage given the situation, of what they are trying to rezone, the question rezoning.

Michael Jaenicke stated, first thing I just wanted to start off by saying is we probably wouldn’t be here today, my business primarily deals with working out on the lake, that’s where I do most of my work on boat lift repair and some boat repair. Over the winter we acquired several boat lifts that some needed to be cut up, taken apart for parts and scrapped out the rest the remaining and others to be repaired. I was unaware of the fact that being I almost had 6 acres that I couldn’t just sit them out in the field up by the roadway that I had to be zoned for business. That’s why we are looking to rezone the front two acres for business. To take it one step further, I’m going to, a packet here that I passed out, on the first page highlighted in yellow our property is the black. Highlighted in yellow are four trailers that are residences that are across 5.1, they are approximately 300’ away from the area that I would like to have rezoned. Going to the second sheet that obviously, shows again the blackened area showing the two front acres to be rezoned so it’s not the entire property going up to the lake it’s just the roadside property along West Shafer Drive. The third sheet, everything is you know, facing North straight up to the top so the third sheet will be the two acre lot for future plans that I would do for this area there, are along the right hand side all mature trees that line the driveway that I would leave in tact. All of the mature trees I would leave in tact to act as a type of block so that you wouldn’t see entirely what was enclosed within that 2 acres. As far as building on the lot, eventually what I would like to do is the storage building/shop because once in a while I do get boat repairs that I can not fix on site so it would give me an area away from my residence that I could do some repair work and also have a spot like a gravel area for a secured boat lock, that would be fenced in and then also towards the very back side the 2 acres that would be along my property adjoining would be in white is highlighted the boatlift storage, staging area so it would be far away from the roadside and blocked by the roughage in the trees, the mature trees on the lot. So anything that would be, not want to be seen I would try to hide towards the back side of the property other than boats which would be hidden by the trees along my drive on the right side and the storage building which would also block the boats and so forth from those 3 residences that are 300’ away to the direct West side. As far as on the back side it’s just highlights if you go ahead and do approve for the rezoning it’s just ultimately, just the lot and the brush and everything would be more manicured and kept up and it would act more as a business up front and like I said the grounds would be like I said kept. That’s essentially, my proposal.

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

J.R. Fox stated, yes.

President Anderson stated, do you want to state your name.

J.R. Fox stated, I guess I will start out, I’m J.R. Fox. I live, this map is not drawn right, there is two lanes there. The wife and I bought our place in 1957 and back in ’59 as I go through my papers, I have the abstract here, it goes back to 1839 or something and I haven’t found anyone that has had that place for 40 years except us, there has been divorces, insanity, people dying and everything else but, anyway back in 1959 there was a problem between two of the neighbors, one up river and one down river so they put a barbwire fence right down between the, let me get it straight now, North would be on the East side of the existing road service 8 places, 7 or 8 places well, of course, most of us were weekenders and you know not there all of the time but Mr. Dolby and his nephew was there 99 percent of the year. Mr. Tucker lived there 12 months out of the year, Mr. Dolby lived down there 9 months out of the year. They would meet on this one road and then they would fuss and argue over who was going to back up and who was going to get over. There was two paths, mule tracks, it wasn’t really even a road, never was a county road as far as I could find out it was an easement…

President Anderson asked, are you going to get to the rezoning at all sometime?

J.R. Fox stated, so anyway the barbwire fence came up, my oldest boy was two years old and my youngest boy wasn’t even born yet and Ollie Dolby said boy I don’t want to put this barbwire fence down any closer. I said, Ollie, do what you have to do because then everybody coming around the other barbwire fence and had a big mud hole back there, especially when it was soft. Then the barbwire fence come right on down beside the house, cabin or whatever you want to call it and this is how these two lanes got built. The 5 of us that is East of the existing road chipped in and put our own road in, if none of you have been out there since 1959 you probably don’t even know about it but that’s the case of the lane. Now, what we are getting into now, and Mike knows it, I have no objection to what he’s doing, if he can do this, I’m all for it and I’ll help him do it but, I have done everything in my power to keep sightseers, now we have a house for sale down there, we have people coming down there looking for a house, they get down there and they don’t know what to do, they don’t know how to turn around. If we happen to have a rain all of this water comes down off of his acreage all of this water comes down off of the neighbors acreage which is split right down the middle due to a divorce way back somewhere in this…

President Anderson asked, are you talking about, you’ve got a barbwire fence down the middle of two lanes? There’s a lane here and a lane there and one of them is your lane…

J.R. Fox stated it’s an easement, it’s not…

President Anderson stated, you have completely lost me.

J.R. Fox stated, it’s not a but, the people, I can’t hear you…

President Anderson stated, I can’t understand what you are saying. How does this relate to the rezoning at all?

J.R. Fox stated, this is rezoning business…

President Anderson asked, where’s the rezone, lane you’re talking about? Is that going on to your property?

J.R. Fox stated, yes, the one on the East side of the barbwire fence.

President Anderson asked, where is it that they’re putting it, compared to where his property line is?

J.R. Fox stated, on the West side.

President Anderson asked, So he’s on the other side where the barbwire fence used to be, that runs down the middle of the two properties?

J.R. Fox stated, that used to come right down…

President Anderson asked, what do the tourist have to do with the barbwire fence in the middle of the two roads going down there?

J.R. Fox stated, coming down there trying to get turned around and get out to come to looking for my place or anyone else that they can find. Now, I put a sign….

President Anderson asked, so they go down the wrong side?

J.R. Fox stated, they come down the wrong side, even the UPS man.

President Anderson stated, so if he puts a sign up and says he’s here….

J.R. Fox stated, I have put many of them up over 44 years and people will not pay any attention to them.

President Anderson asked, but, that’s an objection that you have they might use your lane going down to your property?

J.R. Fox stated, oh no, they won’t use mine, I’ll take care of that, I have no disagreement with it, I said that, started with but, what I am saying…

President Anderson asked, but, that’s what your problem is you don’t want the increase traffic coming down the wrong lane?

J.R. Fox stated, amen, especially after I have…

President Anderson asked, is that, do you have another objection besides that one?

J.R. Fox stated, well I don’t know what to say, I might have. I may have to put my glasses on to read my own writing. The map is drawn wrong, I noted that, I think. There are two lanes there, the map shows one lane, okay.

President Anderson asked, but, he’s showing what is on his property, is what he’s showing, right? On your map is that what you are showing or which map is wrong?

Michael Jaenicke stated, what you have written here is Lake Road 52W, to the left of that, to the direct West or left looking at the diagram, there’s a grass area in-between, and then there’s another road, which is actually my driveway that runs an eighth of a mile from West Shafer Drive, wraps all the way down, crosses an easement area and then goes back into my property.

J.R. Fox asked, that whole thing is easement, isn’t it?

Michael Jaenicke stated, so my driveway is what Jim is saying that he has easement to which I don’t, as far as the zoning, it’s going to have it’s own separate entryway on the front side, right off of West Shafer Drive.

President Anderson asked, what you’re doing, you’re not coming in the same way?

Michael Jaenicke stated, no, nobody and that’s hopefully by doing this, we will elevate that traffic, of somebody coming to my residence. So in other words, they find me up front or I’m not around, I’m either out on the lake. So that’s as far of the very last sheet on my proposal…

President Anderson asked, so your map is showing what you’re going to, with the two acres and how you’re going to access two acres?

Michael Jaenicke stated, correct.

President Anderson stated, okay.

J.R. Fox asked, now is this B-1, B-2, B-3 or B-4 or what does that consist of? The zoning that you are approving? It didn’t say on the papers that I got last month.

Director Weaver stated, he, rezoning to B-2, which, is General Business.

J.R. Fox asked, that’s strictly Marina business?

President Anderson stated, no it’s, you can get several different types of businesses…

J.R. Fox stated, I can’t hear you.

President Anderson stated, he can put anything he wants in there under a business zoning.

J.R. Fox asked, okay, mobile home park?

Director Weaver stated, no.

President Anderson stated, no, not a park.

Director Weaver stated, sales maybe.

J.R. Fox asked, three trailers, two trailers?

Director Weaver stated, no, has to be residential to have homes on it.

J.R. Fox stated, that’s all I have and again, I have no objection. I’ll help him, if I can.

President Anderson asked, okay, thank you. Back here, do you want to come forward and state your name?

J.R. Fox stated, I just wanted to get it straightened out what B was, B-1, B-2 and so forth.

Bob Lamb, stated, my name is Bob Lamb and I am a neighbor to Mike on the West side. I own the ground between 51W and Mike’s property and we weren’t notified going into the last meeting, that’s why this was tabled. I’ve got some pictures starting down there, for all of you to look at. I’m here to oppose this and I hate it, because I don’t want to cause Mike any problems but, I’m here to look after my own property value. Mike’s been there for a year, year and half, I’ve got pictures from the Lake Road, clear to the lake and it’s a total mess, it’s a boatlift junkyard. We got to be the only family on Lake Shafer or Freeman that has to put up with horses pastured in his front yard of his house. The one picture show’s horse manure in the yard, just 50’ from our property and 5’ away from another gentlemen that is here. We’re zoned residential back here along the lake and I know he has been asked not to run the business from the residential area. The horse thing is supposed to be two per three acres, there’s four horses’ there. His idea of a horse shelter is a old horse trailer, an old boat lift and door that blew off building wherever and I don’t think from what I’ve seen, in the past year and half, that I’m interested in anything else going over there other than something to try and clean it up and I’m here to speak for my wife and myself and I hate to have to do this but, somebody has to try to protect the property values of the neighbors on both sides.

President Anderson stated, right, do you want to enter these pictures into the record then.

Bob Lamb stated, yes.

Attorney Altman stated, as soon as I get them, I will do that.

President Anderson asked, while we are waiting on these pictures to come through, does anyone else have any questions about this request? Do the Commissioners have any questions?

Don Ward asked, I have a question if you’re zoning the North side and your business is run out of the South side, it doesn’t quite make sense because, what you want to do, is stop your business being run out of the South end, is that it?

Michael Jaenicke stated, correct, keep everything from the roadside, so nothing is tracked through the residential area, to make that division and have the business separated at the roadside away from the residential area.

Don Ward asked, including signs and everything else?

Michael Jaenicke stated, yes and he submitted some pictures, I would like to submit some pictures myself. First of all, I don’t know when those pictures were taken but, I have some dated pictures here, of my lake frontage that is actually dated today. So you can see what it looks like as it sits, right now.

Bob Lamb stated, for the record, those pictures were taken yesterday, the 9th

Attorney Altman stated, Mr. Lamb’s pictures were taken on the 9th of this month, thank you very much Mr. Lamb.

Michael Jaenicke stated, these are dated as of today, so both of these are the same. That’s my lake frontage, there are some in the front side, the field side, the two acres that I plan, and I want to have this rezoned. I had started to rake, cut up and get rid of some of the boatlifts, being extremely busy it’s just hard to, getting off of the lake sometimes 11:00 or 12:00 at night it’s hard to have extra time to do some manicuring. Also, I would like to submit these pictures, Bob owns the property adjacent to my full acreage, and he has three acres that are directly joined. These are pictures of his property all the garbage that is pushed into the East side of his property…

President Anderson stated, but, he’s not here to rezone.

Michael Jaenicke stated, no but his complaint is seeing garbage.

President Anderson stated, but, we’re not here to rezone his property.

Michael Jaenicke stated, and that’s adjoining my property and this is directly sitting on his property.

Attorney Altman stated, by accounts it is 23…

Michael Jaenicke stated, I will submit my own pictures as well but, his complaint is not wanting to see garbage that is on his property, on his 3 acres.

President Anderson asked, is there anyone else have any comments or statements about this request?

Attorney Altman stated, by my count, there are twenty-three pictures that Mr. Lamb has submitted, that were taken yesterday, mark them as objectors Exhibit A, 1-23.

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

Don Ward asked, I was wondering if we required a barrier, a screen, on both sides of that property?

Michael Jaenicke stated, the West side of the 2 acres as I have diagramed out, all has the mature trees…

Don Ward stated, there is more than that, I have been out there and looked at it.

Michael Jaenicke stated, okay, so once the trees are full…

Don Ward stated, a barrier that really screens it.

Michael Jaenicke stated, okay, that is also going to be building, pole building like an FBI style building so that would block, that’s why I had it placed where it is to the West side which, if I have any boats or anything, I would be, anything on, it would be to the East side would be blocked by the building.

Don Ward stated, yes, in theory but that doesn’t stop you from setting them anywhere else on that 2 acres.

Michael Jaenicke stated, right.

Don Ward stated, I’m talking about screening that two acres.

Michael Jaenicke asked, a privacy fence 6’ fence?

Don Ward stated, or a screen of vegetation.

Michael Jaenicke stated, there are existing bushes and things, and there is a tree line on the side. I mean I don’t have any objection to putting in like a privacy fence along the West side so where they would drive which is approximately 300’ away at 5.1 it would help to block what is contained within the 2 acres.

President Anderson asked, as far as, you have a total of, how many total acres do you have?

Michael Jaenicke stated, I think that it’s almost, about 6 acres.

President Anderson asked, 6 acres, so you’re going to rezone to…

Michael Jaenicke stated, the two front, North.

President Anderson asked, so that leaves a little over 4 acres left and you have a residence on part of the, the waterfront on part of that?

Michael Jaenicke stated, correct.

President Anderson asked, and then you have, what are you going to do about the four horses then with the 4 acres left?

Michael Jaenicke asked, well, we have it, as far as if there is a regulation, I mean worst case scenario, if we have to get rid of two of the horses or however many, as far as the B-2 designation on that acreage, would that mean that the horses could not go into that area? So it would have to be blocked away from that area?

Attorney Altman stated, essentially, yes.

Michael Jaenicke stated, okay, I mean if that was the case I would eliminate horses to the point of the remaining acreage.

President Anderson asked, you let horses come in through your residential property?

Michael Jaenicke asked, pardon?

President Anderson asked, are they fenced behind the residence?

Michael Jaenicke stated, yes, the whole acreage all of the way around is fenced, there is a wire, double wire fence around the outside of the parameter right now so they have, essentially they can graze in the whole property up front.

Director Weaver asked, have they been on the waterside of the property?

Michael Jaenicke stated, when the lawnmower has been broken, yes they have been up front.

Director Weaver stated, because I have been told that they have.

Michael Jaenicke stated, yes.

Attorney Altman asked, is your home on the .83-acre tract of ground on the survey of Mr. Milligans?

Michael Jaenicke stated, yes, that is correct.

Attorney Altman asked, and then you have a lane that comes to that?

Michael Jaenicke stated, down the far right side, it would be the East side there’s a lane that comes down my property, exits my property right below the 109.5, exits my property goes into an easement area where there are the other lake houses there, there are several that share that area and curves across and comes back into the .83 into my property there so the roadway essentially exits the easement area and then goes back into my property.

President Anderson asked, what kind of zoning do we have all of the way around this, is it mostly agricultural zonings too?

Michael Jaenicke stated, North across I believe that there is about an 80 acre tract directly across West Shafer Drive which would be on the North side to the West side which is Mr. Lamb, there is just vacant land there, that’s I believe a 3 acre tract to the dew right, or East side to the right across the double lane that Jim was referring to which is 5.1, my driveway then the grass area then the 5.1 there is another about 3 acre tract that Smidler owns that tract of land which is about, it’s a full tract with their home which is approximately again probably 3 to 4 acres down the right side so all of the way around there are no homes the only one…

President Anderson asked, there are no homes but do you know what type of zoning it is?

Director Weaver stated, I believe that he is correct, that the surrounding property that he is requesting to rezone, I do believe it is agricultural. Now, the residences along the water, that is zoned residential.

President Anderson asked, do we have any other questions from Mr. Jaenicke?

Don Ward asked, you are actually going to have your driveway to your home is going to go through the business property?

Michael Jaenicke stated, no, well, technically yes, actually, it would.

Don Ward stated, I don’t know how it could not.

Michael Jaenicke stated, but there is the separation of the trees there to where it almost there is a grass area, the 2 acres technically it would still go through the business but, there is that separation with the trees along the East side which separates the drive from the grass, two acre lot.

Don Ward asked, is it public, do you own it, is it on your property?

Michael Jaenicke stated, it’s on my property.

Don Ward asked, then it has to go through the business section, doesn’t it?

Michael Jaenicke stated, yes, that’s what I said, technically it would go though the business, that is correct.

President Anderson asked, with his access, what are we talking about on that then?

Don Ward stated, well to get back to his home, he has to go through the business.

President Anderson asked, the access to his home, you mean?

Don Ward stated, right.

President Anderson asked, we had another question back here, do you want to state your name again so that we can get it on record?

Scott Lamb stated, Bob Lamb, Mike keeps referring to the vacant lot, the vacant lot is mine and I, we try to keep that mowed and presentable and it seems ironic to me that the only ones that he is worried about are these 4 green marks that he has over here on the paper and John Raines is out there at that place, at those places at least every other week trying to get them to clean those places up so we don’t want another, I don’t want a neighbor on the East side like we do on the West side. I want to make sure that we are not getting ganged up on here a little bit.

President Anderson asked, we had a question here in the back, do you want to come forward and state your name.

Dave Warrum asked, my name is Dave Warrum and I live just West of Mike. Now I don’t join his property where he wants to zone but, I own in front, in L-1 and the horse’s come about and they have me, tax purpose’s and prime property L-1 and I’ve talked to Mike and Brenda both, about having their horse’s out in front. I don’t particularly care for them in the back but, I don’t want them in the front and I’ve talked to them about it but, on L-1, you were just saying that if he zoned this for business, their not allowed horse’s on there. Are they allowed horses on L-1, lakefront?

Attorney Altman stated, it’s a square footage thing. They need to have 3 acres that is not properly used…

Dave Warrum asked, well if he has a residence on L-1 like I do have, does that take that out of the A-1, out of the agriculture?

Attorney Altman asked, our Ordinance doesn’t do that, does it?

Director Weaver stated, no.

Attorney Altman stated, but, the business obviously, has a different use in different zoning and it does.

Dave Warrum asked, so you can count in L-1 in with the rest of it?

Attorney Altman stated, obviously you can’t count it if it’s got a house on there, that area can not be counted, you know and the area that is actually be used by other uses can not be counted.

President Anderson asked, when was your whole property rezoned, is it zoned…

Michael Jaenicke stated, I believe it is residential and agriculture.

Don Ward stated, it’s A-1.

Director Weaver stated, where the home is located, the property that is being rezoned is A-1, Agriculture. Where his home is located is zoned L-1 which, is Lake Residence.

Don Ward stated, well, it says A-1 in all directions.

Dave Warrum stated, when I come up to talk, before I talked to Mike and Brenda, I checked on that and it was L-1, but my objection was having the horses out in front and I have talked to them.

Michael Jaenicke stated, when you say the front, that’s not the lakefront, it’s the road frontage.

Director Weaver stated, in a L-1 zoning, waterfront is the front.

Michael Jaenicke stated, well, he was talking about the business front…

Dave Warrum stated, like I said my property does not join his where he wants to do business, so I have nothing on that but, when the horses came up and I had talked to them about it and here I wanted to state what I wanted to get clear in my mind.

President Anderson asked, do the Commissioners have any other questions? If not, I say let’s go ahead and vote on this.

Jay Clawson stated, I noticed in a lot of the pictures that they had, that a lot of the boat lifts ended up in his front yard, all along the, it’s just going to be enforced if his business, if these boat lifts are not going to be maintained…

Attorney Altman stated, it should be there now.

Jay Clawson stated, right and there’s also, I can see, a sign that is out of compliance with anything in our…

Attorney Altman stated, that needs to be removed immediately too.

Michael Jaenicke stated, as far as some of the pictures, they did submit are from today. My lake frontage, there is nothing on the lake frontage…

Attorney Altman stated, the sign’s there.

David Rosenbarger stated, the sign is still there.

Michael Jaenicke asked, okay, well that would be a question as far as, can I advertise Malibu Boats, because I have a Malibu ski boat?

Attorney Altman stated, that’s a business.

Michael Jaenicke stated, okay, so because it’s a business sign…

Attorney Altman stated, it should be on a business…

Michael Jaenicke stated, I don’t have a problem with removing that as well. That sign can go to the road side, again to complete that distinction between residential verses business and for future, I also just want to state that there, last year we just got swamped with work. We did not know what to anticipate, so just trying find spare time to, we’ll say clean up and clean house, everything is gone now, as the pictures, dated today show. For future, I don’t plan on having anything up on my frontage. For me as a residence, I don’t like to look at it either, so, I don’t like to and don’t want to irritate or have a problem with any of my neighbors, so again for myself, I don’t want to look at it either. So if this does get zoned business, then I have an area put everything as far as, the storage building where, as much of that can go in the storage building, again what I would like to rather have, because I don’t want to look at it either. I’m not going to have essentially junk there and I know Bob was concerned about that. That’s again out of the norm, some of the lifts, I’ve already started to cut up and get rid of, salvaging some parts off of them. We just acquired a lot of them over the wintertime and essentially had nowhere to put them so that’s why they have all staged that front area, so that’s not a normal thing. I might have a couple of boat lifts which, on the diagram shows toward the back side of two acres, there staging area that I can have a couple of boat lifts sitting there. So Bob’s concern too having junkyard there, trust me, I don’t, my concern is, I don’t want to look at it either. I don’t like the way it looks, so my intention is also to clean up everything, and remove everything, it’s just unfortunately trying to find a lot of spare time, it’s hard, so little by little I have already started to salvage some of those lifts and get rid of some stuff, and make a couple runs to Lafayette and got rid of all the scraps steel. I’ve already started to make attempts whether it’s zoned or not, I don’t want to look at it either, so I have already made an attempts to cleaning it up.

Attorney Altman stated, I think that we are ready to vote.

President Anderson stated, yes, let’s go ahead and vote.

Attorney Altman stated, for the record, I’m going to mark the applicant’s 6 pictures, first one applicant’s Exhibit 1 and the next 6 are pictures, applicant’s Exhibit 2.

The results of the vote were as follows: 4 affirmative and 4 negative. This will be presented to the County Commissioners for their action.

Attorney Altman stated, this will be forwarded to the County Commissioners next Monday morning 8:30 a.m. for the final answer on this and with a no recommendation.

President Anderson stated, they have the final say on this, so it will be decided by them.

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#791 Monon Community Church Inc.; Requesting to rezone from A-1 to R-2 on 10.749 acres and 0.231 of an acre. The property is located in Monon Township on the North side State Road 16, just East of North White Elementary School.

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

John Briney stated, my name is John Briney, I am the treasurer of the Church.

President Anderson asked, do the Commissioners have any questions about that request? Does anyone in the audience have any questions about this request? Do you want to come forward and state your name?

Jim White stated, my name is Jim White, my wife and I own the property just North of the church. We would prefer to see R-1 over R-2, just because we don’t want multifamily dwellings in the future, possible. We’ve discussed it with the church, they have no problem with that change, I believe. We don’t want to delay them on their building, we’re trying to work with them, that’s the only thing we have against it.

President Anderson asked, what was the reason for the R-2.

Jim White stated, churches can go in an R-1, R-2 or R-3.

Director Weaver asked, I don’t remember how we came up with R-2, do you remember?

John Briney stated, you said that we have R-1, R-2 or R-3 and I said R-2 sounds good.

Director Weaver stated, okay, that’s what I kind of thought but, I couldn’t remember.

President Anderson asked, it was advertised as R-2?

John Briney stated, it was advertised as an R-2

Steve Fisher stated, you said multiple family, R-2 is not multiple family, it’s just duplex.

Jim White stated, duplex, we don’t want duplex’s, duplex’s don’t fit.

Attorney Altman asked, the simplest way to solve this is a commitment they would only put in, if it ever came to that, is this for residential use?

John Briney stated, no…

An audience member stated, not at this time.

John Briney stated, we just want to build a church.

Attorney Altman stated, okay, that’s what I thought. So if we made, you a commitment a written document that said if it ever went to residence’s that it would only be one residence…

President Anderson stated, one family residence…

Attorney Altman asked, one family residence on any of this tract of ground. You wouldn’t be a bit upset would you?

John Briney stated, no.

Director Weaver stated, okay, but, wait a minute, if we do a commitment, then we are still looking at a month delay so I want them to be aware of that. Would they rather do a commitment or would they rather change the rezoning before the vote is taken and re-advertise an…

Attorney Altman stated, the Commissioners will want…

Director Weaver stated, that’s right, the Commissioners will not approve a rezoning that has a commitment attached without this Board’s approval of that commitment. So, we are looking at next month before it can go to the County Commissioners.

Jim White asked, is month going to delay your building?

John Briney stated, no.

Jim White stated, because with a month delay then, I won’t have a problem rezone after it is approved and do it again. I don’t want to delay the church.

Attorney Altman asked, it won’t matter?

John Briney stated, no.

Director Weaver stated we can amend your request is what we can do. We will have to re-advertise, we will change your sign. I’ll get up there and change the sign.

John Briney stated, okay.

Director Weaver stated, and then we will hear it.

Attorney Altman asked, so I gather that the applicant is wishing to table this request to the next meeting right?

President Anderson asked, we will re-advertise and brought back next month. Right?

John Briney asked, when is the next meeting?

Director Weaver stated the next meeting will be July 8th.

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#792 Wanita K. Harrison Trust; Requesting to rezone from B-1 to R-2 on Lot #93 in Citizen’s Addition. The property is located in the City of Monticello at 445 Walnut Street.

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

Wanita Harrison stated, Wanita K. Harrison.

President Anderson asked, do we have any questions from the Commissioners about this request at all? Do we have anybody in the audience have any questions about this request? I say let’s go ahead and vote.

Attorney Altman asked, how much of this area in there is a B-1?

Director Weaver asked, in this neighborhood?

Attorney Altman stated, yes.

Director Weaver stated, I don’t think that there is any, not surrounding this. This is…

Attorney Altman stated, this is it.

Director Weaver asked, there did used to be a business on this property, correct?

Wanita Harrison stated, yes, there was a used furniture store there at one time but, my husband and I only used it for storage building.

Attorney Altman stated, so this is essentially, will put everything into this classification so that the smallness of size. I believe would be, not be any type of an objection.

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 the City Council for their action.

Attorney Altman stated, that will be next Monday evening at 7:00 right?

Jay Clawson stated, yes.

Attorney Altman stated, and they have the final say.

****

#793 Woods Property Inc., Owner; Michael Beach, Applicant; Requesting to rezone from A-1 to R-1 on .36 of an acre. The property is located in the Town of Reynolds at 808 S. Kenton Street.

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

Michael Beach stated, I’m Michael Beach.

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

Director Weaver stated, I would just like to explain what they are doing. They are wanting to do an addition on this home, the property is currently zoned to A-1. The residential zoning is more appropriate for the use and the size of the lot, so that is why they’re questioning to rezone instead of going through a variance.

President Anderson stated, okay, if we have 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 the Town of Reynolds for their action.

Attorney Altman asked, is this in the Town of Reynolds?

Director Weaver stated, yes, it is.

Attorney Altman stated, this will be forwarded to the Town Board of Reynolds. We’re never exactly sure when they will hear it, so you should get a hold of the Clerk Treasurer and find out when they will have it on their agenda, okay?

Michael Beach stated, okay.

Attorney Altman stated, and that would be the best thing to do and then you should be there because, they have the final say in this.

Michael Beach asked, it still goes to the Board Monday correct?

Director Weaver stated, no, it does not go to the County Commissioners, just goes to Reynolds.

Attorney Altman stated, just to the Reynolds Town Board.

Director Weaver stated, and we will get that sent to them this week.

Attorney Altman stated, and they may do that Monday but, you want to check with them. We’re not sure, we don’t know exactly when they handle that.

****

#794 Dale Kelly Construction & Excavating Company; Requesting to rezone from A-1 to I-1 on

1.404 acres. The property is located East of Reynolds at 443 S. 125 E.

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

Dale Kelly stated, I’m representative and I would like to rezone that from A-1 to I-1.

President Anderson asked, that’s pretty much putting you into compliance?

Dale Kelly stated, yes.

Director Weaver stated, that is the intention.

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

Attorney Altman asked, this has been used this way for how many years?

Dale Kelly stated, since 1974.

Director Weaver stated, the Board has a corrected staff report with their pictures. Too much of the area was shaded, this does not include all of his property that he has there.

Attorney Altman asked, this is the property that he is using for that?

Director Weaver asked, is this the fenced area, what is already fenced in?

Dale Kelly stated, yes, I have a map here.

Attorney Altman stated, I think we have one too.

Director Weaver stated, copy of the survey.

Dale Kelly stated, it’s just a portion of that I want to change and the rest of it in agriculture. So that is what I am trying to do.

President Anderson asked, I take it there are no other questions from the audience about this? Anybody from the Board have any questions? If not let 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 the County Commissioners.

Attorney Altman stated, and they do have, hear this next Monday morning at 8:30, right here.

Dale Kelly asked, should I attend that meeting?

Attorney Altman stated, they have the final say.

****

#795 Twin Lakes School Corporation; Requesting to rezone from R-2 to I-2. The property is located in the City of Monticello, at 300 S. Third Street, Twin Lakes High School

President Anderson asked, this is for the Antenna, is that what they are doing?

Director Weaver stated, yes.

Joyce Fulford, stated, I am Joyce Fulford, the Superintendent of Twin Lakes School and we’ve been here before you, with the towers before and we had intended to place the tower on the roof of the gymnasium and Mr. Anderson, in looking at it, we thought it would not put it on the roof at this time and so we are moving it to the ground level at the back of the High School. It will be a, be a taller tower but, it won’t go any more in the air, than the one on the roof was. The problem is, that it’s outside of the territory that has been approved before. So we need to go back to the process to move the location and we request that you grant us the opportunity to do this.

President Anderson stated, do the Commissioners have any questions about this? Does anybody in the audience have any questions about this?

Dennis Sterrett asked, is there a better legal description that what we have?

Director Weaver stated, that I believe is the legal description that Mr. Milligan made up for them, is that correct?

Joyce Fulford stated, yes.

Director Weaver stated, now I take that back, Denny what you have on your staff report is a short legal, we do have a more detailed legal than that, yes, I’m sorry, it just dawned on me what you were looking at.

Joyce Fulford stated, you need to understand, that other High School territory, in the back of the High School, close to the football field, there is a fenced in area on our vocational wing and there’s a back entrance inside that fenced area, there is a little alcove and that’s where it’s going to set, right in there. If that helps you get a picture.

Director Weaver stated, I have taken pictures of the area, so I do have copies of that area.

Attorney Altman stated, there is a survey in the file.

President Anderson asked, do we have any questions from the audience about this request?

Don Ward asked, you said there was previously rezoned area, that’s on top of the gym?

Director Weaver stated, yes.

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

Director Weaver asked, do we leave that zoning in place or do we revoke that zoning?

Attorney Altman stated, I think that they have to petition, we will have to revoke that petition

Director Weaver asked, they have to attempt to do that? We can’t do that in conjunction with this?

Attorney Altman stated, no.

President Anderson asked, the petition revoked what’s involved in that. What’s involved in a protection to revoke the old rezoning?

Director Weaver stated, I would say the same procedure. Just to rezone it back.

Attorney Altman stated, same procedure.

Director Weaver asked, Dave do you have anything that you wanted to add?

Dave Anderson stated, no.

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

President Anderson stated as far as the other zoning is there any, is there any real reason that we have to revoke the old rezoning on top of the roof, or is there…

David Brechbiel stated, I think it was to revert back, I believe we got some approval before that if we, not using it or if not used. Is to used to be…

President Anderson asked, it reverted back?

David Breichbiel stated, yes.

Director Weaver stated, I will research that, I will research that.

Attorney Altman stated, if that’s what it was and that would be….

Joyce Fulford asked, you will let us know to that effect?

Director Weaver stated, yes, I will.

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President Anderson asked, next thing on the list will be business. Do we have any business?

Director Weaver stated, just Attorney’s fees.

President Anderson asked, we have the Attorney fees, does anyone have any questions or objections, about the attorney fees?

Jay Clawson asked, do we need a motion? I will make a motion that we pass it.

Director Weaver stated, no questions? Okay that’s fine.

President Anderson asked, does anyone want to make a motion to adjourn?

Don Ward made a motion to adjourn.

Jay Clawson 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