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The White County Area Plan Commission met Monday September 8, 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, Gregory Bossaer, Dennis Sterrett. Also attending were Attorney Altman and Director Weaver.

Visitors Attending were: Mark Kelly, Lou Ann Hites, Charles Mellon, Michelle Krintz, James Krintz, Dick Leis, Pat Leis, and Charles R. Lucterhand

The meeting was called to order by President Charles Anderson and roll call was taken. Jay Clawson made a motion to dispense with reading and approved the minutes of the July 14 and August 11, 2003 meetings. Motion was seconded by David Rosenbarger and carried unanimously.

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#829 Mark E. & Kathryn K. Kelly; The property is located on Lot #1 in Walker, Jenner and Reynolds Addition, in the City of Monticello at 430 N. Main Street.

Violation: None

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

President Charles Anderson asked, is there anyone here representing this request? Please state your name?

Mark Kelly stated, I’m Mark Kelly.

President Charles Anderson asked, does anyone have any question about this request?

Terri Williams stated, I’m Terri Williams. What is the zoning request?

Director Weaver stated, R-1 allows for a single-family residence, nothing more than, it can not be multi family.

President Charles Anderson stated, he really is going down instead of up.

Director Weaver stated, right.

President Charles Anderson asked, does anyone on the board have any questions?

Jay Clawson asked, are you planning on getting a variance to because this really doesn’t meet the minimum requirements for square footage for a lot for R-1. Also R-1 requires a 7’ width and you have a 50’ lot.

Mark Kelly asked, do I need a variance on that?

Director Weaver stated, well Mark and I had discussed and I had suggested to him that he do a variance for the home anyway because it does not meet the setbacks. It is something that he can do all as one. You can do it all at the same time. We had discussed a variance.

President Charles Anderson stated, to try to be in compliance after this he would have to get the variance, but that house it really isn’t grand-fathered in a business then.

Attorney Altman stated, the problem that you run into this is going down like you said, and it maybe not tall controversial raise any blood pressure in the neighborhood. If you don’t treat them consistently then sometime or later on some one might say why do you make me do that if you didn’t do it all along. It does need to be in compliance with our ordinance.

Jay Clawson stated, we could do this with contingent upon getting a variance.

Attorney Altman stated, yes you can. Make that recommendation. You need to make a motion on that.

Jay Clawson stated, yes I believe we have a yes vote that it be contingent on a variance for width and setback variances. Is that right Diann?

Director Weaver stated, it does meet the space requirements, it just doesn’t meet the width requirements.

Jay Clawson stated, okay, width and setback requirements.

President Charles Anderson stated, that protects you too, you can still have somebody complain and you still couldn’t use it for residential home.

Jay Clawson stated, or if there was a fire, you couldn’t rebuild. Actually right now with you redoing your porch and stuff like that, but it would just protect you.

President Charles Anderson asked, do we have a second on that?

Gary Barbour stated, yes, I’ll second it.

President Charles Anderson stated, so moved. Does anyone else it he audience have any questions?

The results of the vote were as follows: 9 affirmative and 0 negative, with the contingent that you get a width and setback variance.

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#830 Carl E. & Lou Ann Hites; The property is located on Lot 29 in John C. Karr’s Addition, in the Town of Buffalo at 311 S. State Road 39.

Violation: None

Request: They are requesting to rezone from R-2 to B-2 to put in a Pizza King carry out restaurant.

President Charles Anderson asked, is there anyone here representing this request/

Lou Ann Hites stated, I’m Lou Ann Hites.

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

Don Ward asked, do you have room to provide parking.

Lou Ann Hites stated, yes, I have measured that. I know we have to go to the health status and everything for food. We don’t know if we can do all of this, but we would at least like to be retail. We would like to have it zoned, so we can do something else, if we are not able to go with a carry out.

President Charles Anderson asked, are there any other questions?

Jay Clawson stated, one of the things we are running into on City Council is business is being converted, we need to find out for handicapped accessibility. Because all buildings that are changed into after 1990 have to be handicapped accessible so this can not be grandfathered as an old business. It would have to have doors wide enough and restrooms. I mean if you just want to rezone the lot and get rid of your building and build up a new building there that won’t be a problem, but try to change an existing house into a business is kind of a hard thing.

Lou Ann Hites stated, we also have a 3-car garage that we have considered doing that in, we have contacted an engineer to come out and give us the best options of which way we would go.

Jay Clawson asked, you would get to look at that again Diann, if they got a permit to do the remodeling and stuff.

Director Weaver stated, as long as the procedure stayed the same as it is now.

President Charles Anderson asked, are there anymore questions?

Steve Fisher stated, the plat that we are shown of that lot #29, I’m assuming is just 29 that is involved. That little thing is just showing one single building.

Director Weaver stated, the structures that are drawn on here where done in the 80’s. I don’t know how new that garage is Steve.

President Charles Anderson asked, does anyone in the audience have any questions about this request.

Dick Leis stated, I’m Dick Leis. I’m not against new businesses or anything, but I have a couple of concerns, one is the parking in the area. There is probably only parking for 4 vehicles at that. The second concern would be if it goes to business because of the lot size and the structures on it would be a problem with the septic system. I realized Buffalo is scheduled for city sewers sometime, but I’m concerned.

President Charles Anderson asked, do you want to respond to that?

Lou Ann Hites asked, would that not go through the health department when we would be inspected?

Director Weaver stated, we would probably require a septic permit before we would issue a building permit for you to convert.

Lou Ann Hites stated, pardon me.

Director Weaver stated, we would require a septic permit from the Health department prior to issuing a building permit.

President Charles Anderson asked, as far as the business itself is it going to be a carry out, or is it going to be carry out?

Lou Ann Hites stated, it will just be carry out.

Jay Clawson stated, unless, I was looking at my book and B-2 in areas without sewer or water has that been amended?

Director Weaver stated, it has been amended. Which one do you have?

Jay Clawson stated, probably the original one that come with the book. When it first came out it was 3 acres.

Director Weaver stated, yes it has been amended. The only place the amendment wasn’t passed was Monticello. Everywhere else your second line that you are showing the lot size with sewer and water is what everyone else went to. That is what there is with or without sewer. Monticello is the only one that still recognizes both of those lines. I will get you a copy of that.

President Charles Anderson asked, are there any other questions about this request?

David Rosenbarger asked, where is the parking lot?

Lou Ann Hites stated, when I went for my permit or what ever I got, they had me measure and I did have the measurements that they told me for employees and for cars. 19’ or something, I forgot what it was now. I did measure it.

David Rosenbarger stated, what I’m looking at is it in front of the garage or would it be to the North of the house next to the residential.

Lou Ann Hites stated, yes, there would be at least room for 4 there.

The board is discussing this issue.

Dennis Sterrett asked, where is there going to be room for the septic system.

David Rosenbarger stated, North of the house it looks like.

Director Weaver stated, I think there is a vacant lot to the North, I don’t think. You don’t own lot 30 do you?

Lou Ann Hites stated, no, my son does.

Attorney Altman asked, your son Carl?

Lou Ann Hites stated, he is not the one that owns it. Yes my son is Carl, but Carl doesn’t own it.

There is discussion among the board members.

President Charles Anderson asked, is there going to be a variance on this? If we did change the zoning on this, there would have to be a variance on it. It doesn’t meet the setbacks for a business on the State Highway.

Attorney Altman stated, it may not on the sides either.

Dennis Sterrett asked, it has to meet the same setbacks for residential?

Director Weaver stated, yes, there is residence on the North and East of the property.

President Charles Anderson asked, do any of the commissioners have any other questions?

Attorney Altman asked, what would be the closest business? The grocery store is in the next block North of the fire station. So it would be 2 blocks North where there is a business area in Buffalo.

President Charles Anderson asked, anymore questions from the commissioners or how about from the audience.

Attorney Altman stated, obviously this will be contingent on getting a variance and bringing it in to compliance. Do you understand that Mrs. Hites?

Lou Ann Hites stated, I didn’t hear what you said.

Attorney Altman stated, you need to get a variance to bring it into compliance and it depends on of course what you are going to put in there on what kind of variance you get. You need to have that or you can’t have the rezoning.

Without further discussion the board voted.

The results of the vote were as follows: 2 affirmative and 7 negative. This will be presented to White County Commissioners with a negative recommendation again however, subject to the requirement that all variances necessary for the proposed use be obtained before the rezoning can be approved for their action.

President Charles Anderson stated, we don’t have the last say on this. The Commissioners have the last say on these, really everybody should be there even Mr. Kelly should be there for that meeting.

Attorney Altman stated, that is at the City Council meeting at 7:00 p.m.

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#831 James R. & Michelle E. Krintz; The property is located 0.653 of an acre, South of Brookston at 95 W. 1250 S.

Violation: None

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

 

President Charles Anderson asked, is there anyone here representing this request?

 

James Krintz stated, I’m James Krintz.

 

President Charles Anderson asked, are there any questions from the Commissioners on this?

 

Director Weaver stated, we have had an adjoining neighbor inquiring about this request. It wasn’t for or against. She was just inquiring about it.

 

President Charles Anderson asked, does anyone in the audience have any questions?

 

Attorney Altman asked, is your present use all on this survey description? We have some product dumped on the property. Is it all in the surveyed area?

 

James Krintz stated, no, the parking lot area is where the survey was and I’ve got some mulch piles due to the fact that I was digging my parking lot out and where and we just finished that up this past couple of weeks. WE are in the process of this fall when I’m done I’m moving it all up off of the property. Everything we are up on the rezoned property.

 

 

Attorney Altman stated, I just want to make sure on the record that you understand that this isn’t just.

 

President Charles Anderson asked, do any of the commissioners have any questions?

 

Steve Fisher asked, the location of his fence on the front is okay? Remember that 43 thing we did. They had to have the fence so far back.

 

Director Weaver stated, it isn’t something that has gone in recently.

 

Jay Clawson stated, if you tore it out and redid it, he would have to be moved back. The type of fence he has.

 

David Rosenbarger statad, he isn’t that close to 43.

 

Jay Clawson stated, no, that is what we were thinking we weren’t sure on a county road if there were any requirements for a B.

 

Director Weaver stated, if it is 4’ or under and less than 50% solid it only has to be 10’.

 

David Rosenbarger asked, are the grain bins in this?

 

James Krintz stated, no they are not in the rezoning portion.

 

David Rosenbarger asked, do you own that whole patch there, and you just want to rezone where the buildings are?

 

James Krintz stated, correct.

 

President Charles Anderson asked, are there any other questions?

 

Jay Clawson asked, this is mostly, you run your lawn business, you are not having drive up retail, or are you planning on moving it to drive-up retail sometime?

 

James Krintz stated, sometime we want to basically sell balk mulch there.

 

Jay Clawson asked, do you have a big enough lot to expand. Do you have more property to rezone.

 

Michelle Krintz stated, there is 6 acres there.

 

President Charles Anderson asked, is there anything else?

 

Attorney Altman stated, the other thing, just for the record this is not a division of property, it is only a rezoning from a larger tract, so this would not be something that could be sold.

 

Jay Clawson stated, unless he sold it all.

 

Without further discussion the board voted.

 

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

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#290 Ronald Stoller; Requesting approval of a 1 subdivision to be known as Stoller Subdivision No. 1 on 1.079 acres. The property is located North of Wolcott between U.S. Highway 24 and County Road 200 N., on the West side of 900 W.

President Charles Anderson asked, is there anyone here representing this request?

Charles Lucterhand stated, I’m Charles Lucterhand.

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

Director Weaver stated, I would just like to clarify that Mr. Lucterhand is the potential buyer of the property. He did go through the BZA for a width variance for this lot. It is required to have 250’ width and the variance was granted for it to be 140’.

President Charles Anderson asked, are all of the standards meet?

Director Weaver stated, yes.

Steve Fisher stated, that 25’ isn’t described what it is.

Director Weaver asked, the 25’ right a way.

Steve Fisher stated, it isn’t on here anywhere. On subdivision they normally dedicate it to the public.

Director Weaver stated, Jerry I believe you have the secondary there.

Attorney Altman stated, it says all of the roads shall be herein dedicated to the public.

Don Ward asked, where do you see that?

Steve Fisher stated, it doesn’t say what it is.

Several are talking at once.

The board is going over the secondary maps at this time.

Director Weaver stated, Steve it does note that is County Road 900 W and centerline of 900 W.

There is discussion among the board members.

Attorney Altman asked, do you understand what we are requiring?

Charles Lucterhand stated, I’m trying.

Attorney Altman stated, the plat shows 25’, but it doesn’t say what that is. It doesn’t have the word road or right-of-way.

Without further discussion the board voted.

The Primary Approval Request for a 1 lot subdivision to be known as Stoller Subdivision located North of Wolcott, 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.

The Secondary Approval request for a subdivision to be known as Stoller Subdivision located North of Wolcott, was approved by a vote of 8 to 1, 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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President Charles Anderson stated, next on the agenda is Business. You can leave if you want to. Do we have a questions back there?

Dick Leis asked, what ever happened with Happy Tails, did that move forwards or what?

Director Weaver stated, no that is a special exception, and that is the BZA and should be heard on September 18, 2003.

Dick Leis stated, I didn’t know if it was tabled or what, but the sign is still up.

Director Weaver stated, it will be heard on the 18th.

Lou Ann Hites asked, does every business have to have public restrooms?

Director Weaver stated, that is a State Code and I can not answer that question.

Lou Ann Hites stated, well I’ve seen on some doors it says, no public restrooms.

Director Weaver stated, I can’t answer those questions. You have to contact Dave Anderson about.

Terri William asked, I have a question about the pile of dirt across the street from my house. I now call Mount Freeman, does this group have any jurisdiction over that mountain or.

President Charles Anderson asked, who put the dirt there?

Terri Williams stated, well I assume that it was Mr. Freeman.

President Charles Anderson stated, you should call the environmental officer, I don’t know if that is in his jurisdiction or not.

Terri Williams stated, it seems to me that it is probably some category that would have some sort of zoning ordinance.

Attorney Altman stated, it doesn’t though.

Jay Clawson made a motion to adjourn.

Gary Barbour 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