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The White County Area Plan Commission met Monday, March 10, 2003, 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, Scott Kyburz, Gregory Bossaer, Dennis Sterrett. Also attending were Attorney Altman and Director Weaver.

Visitors Attending were: Joyce Fulford, Sadona Disinger, Rick Disinger, Margaret Martin, Charles R. Mellon, Opal Haley, and Rick Buschman.

The meeting was called to order by President Charles Anderson and roll call was taken. There were no minutes to approve.

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#809 Robert D. Pavy; Owner, Darrell E. Powers; Applicant; The property is located on 44.5 acres, North of County Road 225 North directly behind 3148 N. 400 E. Tabled from January 13, 2003 meeting.

Violation: None

Request: They are requesting to rezone from A-1 to R-4.

President Anderson stated, that Robert D Pavy has been withdrawn, so we do not have anything on this tonight.

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#811 Richard L. & Beverly J. Buschman; The property is located on 1.06 acres, in the Town of Reynolds at 509 E. Buell Lane.

Violation: None

Request: They are requesting to rezone from A-1 & R-2 to R-2.

President Anderson asked, is there anyone here representing this?

Richard Buschman stated, Richard Buschman.

President Anderson asked, is there anyone here in the audience with any questions about this request? Do any of the Commissioners have any questions?

Director Weaver stated, he is wanting to build on this property there is an existing mobile home. He is going to remove that and put a single family home on the property. Part of the property is currently zoned R-2 and part of it is zoned A-1. We need to bring it all under one zone.

President Anderson asked, is there any questions from the board, if not let's vote?

Jay Clawson stated, I have one question and it is about the mobile home. It is being removed?

President Anderson stated, yes, it is being removed.

Without further discussion the board voted:

The results of the vote were as follows: 9 affirmative and 0 negative. This will be presented to the Town Board of Reynolds for their action.

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#812 Twin Lakes School Corporation (Bus Garage); The property is located on 16.51 acres and .07 of an acre. The property is located in the City of Monticello at 803 W. Ohio Street

Violation: None

Request: They are requesting to rezone from A-1 to R-2 to bring the property into

compliance with the White County Zoning Ordinance.

President Anderson asked, do we have Dr. Fulford here representing this? Does anyone have any questions on this?

Director Weaver stated, it was zoned A-1 and property zoning is a residential building. This property also has some of the ball fields on it, which is North of Ohio Street.

President Anderson asked, is there anyone here with questions on this?

Is this the one that you eventually want to put a roof up to gas buses under it? Are you going to do that pretty soon?

Dr. Joyce Fulford stated, the roof is already there. It was done last year. We are doing some up grades to the bus garage and other work across the street at the baseball diamonds, storage building and. What we have encountered we have improper zoning around the property and we are trying to get it under the same umbrella.

Attorney Altman stated, for the record they are coming into compliance, but it isn’t like they violated the ordinance. It was there use and some of the real estate wasn’t quite the same zoning as the majority.

Without further discussion the board voted:

The results of the vote were as follows: 9 affirmative and 0 negative. This will be presented to the City of Monticello for their action.

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#813 Twin Lakes School Corporation (Eastlawn Elementary School); The property is located 10 acres, excepting 0.517 of an acre. The property is located between Idaville and Burnettsville, South of U.S. Highway 24 at 47 S. 1300 E.

Violation: None

Request: They are requesting to rezone from A-1 to R-2 to bring the property into

compliance with the White County Zoning Ordinance.

President Anderson asked, what is the 0.517?

Director Weaver stated, the 0.517 is a location of a tower that they have on the property that they had to go through a special exception for that. The proper zoning for that is the A-1.

President Anderson asked, do the Commissioners have any questions on this? Is there anyone in the audience with questions on this?

Without further discussion the board voted:

The results of the vote were as follows: 9 affirmative and 0 negative. This will be presented to the County Commissioners for their action. This will be next Monday at 8:30.

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#281 Howard & Opal Haley; Requesting approval of a 1 lot subdivision to be known as Halecrest – Part 4 on 0.796 of an acre. The property is located just West of West Shafer Drive and on the South side of Parses Road.

President Anderson asked, is there someone here representing this request?

Opal Haley stated, Opal Haley.

President Anderson asked, is this for….

Director Weaver stated, this is for secondary approval. We have already approved the first approval.

President Anderson asked, have all of the improvements been meet?

Director Weaver stated, as far as I know. They are not required for any improvements for drainage. I believe all of the utilities are existing. We did get a drainage approval from the surveyor’s office.

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

Without further discussion the board voted:

The Secondary Approval request for a subdivision to be known as Halecrest Part 4 located in Union Township, was approved by a vote of 9 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.

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#283 Margaret Martin; Requesting approval of a 1 lot subdivision to be known as Martin Subdivision on 1.576 acres. The property is located West of Monticello just South of 1438 Hanawalt Road.

President Anderson stated, would you please state your name.

Margaret Martin stated, Margaret Martin.

President Anderson asked, do the Commissioners have any questions? Is this for a primary?

Director Weaver stated, this is coming to you for primary approval.

President Anderson asked, are you going to put a home on this?

Margaret Martin stated, a single family home.

President Anderson asked, this is nothing there right now?

Director Weaver stated, no.

Attorney Altman stated, the lot is immediately towards Hanawalt is a specific size for zoning to be used.

Director Weaver stated, yes it is.

Attorney Altman stated, that is the critical thing here because of that drainage easement in there. That has been reduced on the other side?

Director Weaver stated, there are two tiles. There is a county tile and a private tile.

Attorney Altman stated, I see.

There is a discussion among the board members.

Attorney Altman asked, does everyone understand this now. I didn’t at first.

President Anderson stated, there is a half an acres there.

Margaret Martin stated, no it’s not a half acre, its 1.3.

President Anderson asked, does anyone have any questions?

Gary Barbour asked, yes, how could you have the two zonings? What if they build the house on the zoning line?

Attorney Altman stated, you have to comply with the…. If you do it on the wrong side you have to comply with the R-2 setbacks.

David Rosenbarger asked, what if you build on the line?

Director Weaver stated, there are lots that do have two zonings.

Attorney Altman stated, you have to comply with the zoning in the area where you build.

Jay Clawson stated, that would be the back setback. The line here shows…. The back setback would have to be the A-1 and the front is the R-2.

Attorney Altman stated, you really have to be careful on this one because when you build you have to make sure it is surveyed in there, so you get the right setbacks.

President Anderson asked, where are you planning on building on that lot.

Margaret Martin stated, on the backside.

President Anderson asked, so there is no problem on the backside?

Attorney Altman stated, no, but you want to make sure you get the setbacks right.

Jay Clawson stated, if you fine when you are ready to settle it, it is not that hard of a procedure if you decide to rezone. You can come back in and rezone like we did the other things, just to make it an R-2 lot.

There is a discussion between the board regarding the road.

Without further discussion the board voted:

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

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President Anderson asked, do we have any new business or old business?

Director Weaver asked, did the board have any questions in regards to the attorney fees?

Jay Clawson asked, do we have a secondary on this?

Director Weaver stated, no I did not receive the secondary plat. We can not do the final hearing on this because I did not receive all of the information from your surveyor. We need to get that secondary plat into us.

Margaret Martin stated, we contacted the survey over a year ago, we were told by the surveyor that everything had been given to you because this seems to be problem with getting everything.

Director Weaver stated, I understand that, that is why a letter was sent to you stating that it is your responsibility make sure that we have everything.

Sadona Disinger asked, so you need the secondary plat?

Director Weaver stated, yes.

President Anderson asked, any questions on the attorney fees?

All stated no.

Director Weaver stated, I had also asked Jerry Altman to have a report for us, if you see in your year end report that I have done for you, we have some law suits that are pending and I have asked Attorney Altman to be prepared to give a report on them.

Attorney Altman stated, okay on Terry Babka I have set for trial on May 30th at 9:00. I finally got discussed with the lawyer. The Walker/Thompson that is the Indiana Beach on the special exception for the height variance that is set for argument on May 16 at 9:00, it was suppose to be last February, but Judge Smith got sick. Our suit against Juanita Waugh for that quote temporary fence that has been there a long day is set for pretrial on 16th at 3:00 then we will set it for trial trying to move that along. Those are the 3 things that are actually in court. The next four things: Baker that is where they built the shed on someone else’s property we are preparing paper work to file suit on that and really all three of them below that is the same thing. The Kolasa and Lindsay built in a flood area and we have just to decide that there is no other way, but to file on both of them. Stan Williamson, I have been working with his lawyer I finally called her and if she doesn’t give me an answer and get into Diann that is going to court. By Wednesday they are to be in to see you in the office. Jerry Collins he just has not filled out, I have sent the paper work down to him twice. This is where, what is the guys name actually Joe Bitters right next to Hicks Gas and he was suppose to file a commitment and I have sent it to him twice. I don’t know why he doesn’t bring it back. I think it maybe joining the ones above.

Dave Flora he is getting me this is the property North of Chalmers. Where we had all of that mess for a long time. The fence is in there, and if you remember the diagonal fence comes towards the highway. They wanted a gate in there, you really need that gate so that is coming out. The issue trying to argue with me on is getting close the highway and I have told Diann and we said in the meeting that it needs to be 4’ back. The rest of the fence is where we wanted it.

Jay Clawson stated, we are in a big to do here in the city and I think we in Area Plan need to clarify signs. I spoke about this earlier in the summer when they built that big double face billboard out on main St. Now they are wanting to put another here in town on the railroad right away. Our sign ordinance is real vague. It says in here for some reason it allows two signs per face. I checked with Lafayette and they have a square footage per side of the sign, its like 300 sq. ft. Which I guess is what a normal one-face billboard per side is. It seems like and those guys really flaunt it in your face. It says we can do it, we can put it in here and we don’t care what you say, we can do. Well we have to have this protection here, when they come to Diann that is what they want to put. I just wanted to see how the rest of you feel and maybe we can have Jerry draw something up about getting that changed. I think that is… I don’t want to see those all over the county. I think they are very obtrude and very obnoxious to see. I mean when see that down the road it takes up so much.

Attorney Altman stated, they just double them up.

Jay Clawson stated, right, and to tell you the truth that close to the road too, if they are going to build a structure that big there ought to be some kind of thing because when they had the big winds a couple of years ago that knocked down the city service thing, there was one of those billboard the sign facing ripped off. There ought to be some thing so far away from the road because with a single pole a 30’ setback might be right, but if you go another 20’ or 30’ high that close to the road. If anything were to happen where that would topple that would be right out in the road. There should be something like every foot high should be another foot back from the right away.

Attorney Altman asked, do you have what Lafayette’s ordinance is?

Jay Clawson stated, no I called Burkhardt advertising in Lafayette. They have come in front of us before and I’m sure that is what it is. I’m sure we could get it from the Area Plan.

Attorney Altman stated, I don’t have any trouble getting that ready and I’m sure Diann would be able to have it ready for the next meeting.

Gary Barbour stated, I’m in favor of this, but not before we get the existing sign problem before the BZA settled.

There is a discussion among the board members regarding Jerry getting something ready for the next meeting.

Director Weaver stated, there is another lawsuit that I would like to update you on. It is Francisco and Judy Rodriguez. Dow Dellinger is representing us on this lawsuit because of a conflict that Jerry had. This one is also one that they built in the flood way. The Department of Natural Resources is working on this one. They had hearings on this one already. We are currently setting on hold until we see what the Department of Natural Resources does. My understanding from a letter that we got from Lee Griffith is that they are resubmitting some information to the DNR and have not heard back from that.

Attorney Altman stated, I quite frankly think that lawsuit would go on the Kolasa and Lindsay.

Director Weaver stated, this lawsuit is very similar to Lindsay and Kolasa situation.

Attorney Altman stated, they probably would get shifted same place.

Director Weaver stated, they are all neighbors.

Jay Clawson asked, did you contact the people in Buffalo that we did the rezone and they were putting a new mobile home and were to remove the existing mobiles and they set the new mobile home and the old one still setting back behind. It was in our minutes that they were going to remove the other mobile home. It is right across from the melons.

Director Weaver stated, yes. I do not remember, but I don’t think they have met their time due to the weather. They have been waiting on the weather to clear up. I did check on it Jay. I know Dave Anderson has been up there and we are keeping an eye on it.

Jay Clawson stated, okay, I just want to know that we are getting it out of there.

Director Weaver stated, I’m also working with John Raines on this. We will get it out of there.

Jay Clawson stated, the guy with the marine repair did the boat lifts and stuff. He has a commitment that he is going to build a pole barn and since that is a commercial building that he is building was he notified that he has to have a state plan, if that is a B zoning.

Director Weaver stated, I believe I gave him a hand out.

Several are talking at once.

President Anderson asked, is there anymore business?

David Rosenbarger made a motion to adjourn.

Don Ward 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