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The White County Area Plan Commission met Monday, October 14, 2003, at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

Visitors Attending were: George Akers, Nellie Akers, Charles R. Melon, Steve Hooker, Eldon Sizemore, Walt Owens, Laurel Eakin, Lou Ann Hites, Mindy Hites Grosso, and Brad Gutwein.

The meeting was called to order by President Charles Anderson and roll call was taken. Don Ward made a motion to dispense with reading and approve the minutes of the September 8, 2003 meeting. Motion was seconded by David Rosenbarger and carried unanimously.

President Charles Anderson stated, before we get started Diann needs to say something.

Director Weaver stated, I just need to mention to the Board and to the audience there has been a change in policy in the Recorders office. Previously we had always recorded the rezoning ordinances for the applicant. We can no longer do that. The applicant is going to have to do that themselves, and they are going to have to pay the fee to do so.

President Charles Anderson asked, how much is the fee?

Director Weaver stated, it is per page, so I can not tell you, I do not know.

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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. This request is being referred back to the Area Plan Commission Board by the County Commissioners for approval of a commitment.

President Charles Anderson asked, do you want to state your name again?

Lou Ann Hites stated, Lou Ann Hites.

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

Don Ward stated, I have a question. It says here that you will comply with B-2 fencing or barrier requirements where did you intend to put a fence?

Lou Ann Hites stated, we would have to put it between our properties.

Don Ward asked, on the North side of you?

Lou Ann Hites stated, yes, between us and my son’s property towards the store.

Don Ward stated, the zoning around it is all residential, which would require it on all sides. Would it not?

Attorney Altman stated, the road is a barrier.

Don Ward stated, the road is a barrier, okay. I don’t think it says in here, it does say you can use it for anything in B-2 and I don’t think that we wanted that. The way I remember it

President Charles Anderson stated, we didn’t do this.

Director Weaver stated, no this is being referred back to the County Commissioners.

President Charles Anderson stated, we didn’t have this commitment.

Don Ward stated, well the Commissioners had it, but we had it for awhile.

President Charles Anderson stated, it says it is exclusive.

Don Ward stated, I think they can use it on anything that is B-2

The Board is discussing the commitment.

Director Weaver stated, I question the sentence in that paragraph where it says any use under a R-2 is permitted. B-2 zoning does not allow for residences like an R-2, it doesn’t allow the residential use. I questioned Jerry about that sentence. My opinion is that sentence needs to be omitted.

Don Ward asked, are you going to continue to live in the home?

Lou Ann Hites stated, no

Don Ward asked, oh your not? Well then I agree, if you are going to live in it.

Lou Ann Hites stated, it is a garage and a house on this property. We had at first intended to remodel the house and put the Pizza King in there, but we had a kitchen planning man come out and he suggested that we put it in the garage, it is an industrial type building. It is a 3-car garage and that would all be new and we wouldn’t have to remodeling for handicap and we would have to have handicap, but we wouldn’t have to redo the house.

David Rosenbarger asked, what would you do with the house then.

Lou Ann Hites asked, what would we do with the house then? Probably rent it because it is all residential around us, and I went for the rezoning for the whole property. You can’t do that?

Attorney Altman stated, no you can only have one use per lot by our ordinance.

Lou Ann Hites stated, one use.

Attorney Altman stated, one use per lot and that would be the business.

Lou Ann Hites stated, so if we used the garage, we would not be able to rent the house?

Attorney Altman stated, that is correct.

Lou Ann Hites asked, if we put the pizza king in the house, we would be able to use the garage as a garage?

Attorney Altman stated, as long as it is a business use. I think the simplest thing to do would be put the word owners may not also engage in any uses permitted under R-2.

David Rosenbarger asked, why couldn’t it just come clear out?

Attorney Altman stated, well the only thing is, it just makes it more, you can take it clear out or you can just put the word “not” in there and then it is very clear that they can’t use R-2 in there. Since it is there I was just going to put the word “not” in there, or suggest that they put the word “not” in there. The Commissioners only want a Pizza King carry out there that is all.

David Scott stated, so if this thing closes up in 10 years or something the zoning goes back to residential.

Director Weaver stated, that is what the County Commissioners want is a clause in here also that if they sell the property that it automatically reverts back to the R-2.

Attorney Altman stated, that is part of #3.

Lou Ann Hites stated, the Pizza King does not go in at this time, it can still be residential.

Several answered No.

Lou Ann Hites asked, if there is no business in there it could not be residential?

David Rosenbarger stated, you are asking it to be changed to business zoning.

Lou Ann Hites asked, what about all these apartments above places, like right down town. There are apartments above stores all over.

David Rosenbarger stated, they are grandfathered.

Several answered they are grandfathered.

Attorney Altman stated, grandfathered, but I can’t tell about all of them, but the ones down town here are all grandfathered.

Several are talking at once.

Attorney Altman stated, I understand what you are saying, but if this was grandfathered it could stay there, but it is not.

Lou Ann Hites asked, if this goes through as a B-2 I can not rent my house?

Attorney Altman stated, that is right.

Don Ward stated, you are committing yourself to a business, if you want this board to approve this.

Lou Ann Hites stated, I think I better table this and find out a little more.

President Charles Anderson stated, that is fine.

Lou Ann Hites stated, thank you for your time.

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#832 Tadd C. Maudlin; The property is located on Lot 101 in Walker, Jenner, and Reynolds Addition, in the City of Monticello at 206 W. Jefferson Street.

Violation: None

Request: He is requesting to rezone from R-2 to B-1.

TABLED

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#833 Rangeline Properties Inc; The property is located on Lot 2 in Korpita’s Corner Subdivision, West of Monticello at 3054 E. Division Road.

Violation: None

Request: They are requesting to rezone from I-1 to I-2 to bring the existing business into compliance with the White County Zoning Ordinance.

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

Eldon Sizemore stated, I’m Eldon Sizemore.

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

Director Weaver stated, this has gone through a special exception for the use that is on the property and at that time it was not caught that they were not properly zoned. They were zoned I-1 and not I-2. It was not caught by anyone in the office or the board. The use is there and it has gone through the special except, it just was not caught on the zoning.

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

Without further discussion the board voted.

The results of the vote were as follows: 6 affirmative and 0 negative. This will be presented to County Commissioners for their action.

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#834 Gutwein Motor Co., Inc.; The property is located on Lot 35 and 36 feet off the South end of Lot 33 on Arch Street, in the Town of Monon at 301 N. Arch Street.

Violation: None

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

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

Brad Gutwein stated, I’m Brad Gutwein.

President Charles Anderson asked, you are basically bringing it in to compliance, plus you want to build another building on it.

Brad Gutwein stated, Lot 35 has had a building on it since 1948 and lot 33 had a building on it and it was built in the 1950’s. It was some what dilapidated so we tore it down and we plan on putting a new structure basically where it was before.

President Charles Anderson asked, do we have anybody in the audience with any questions about this request? How about the Commissioners do you have any questions?

There is discussion among the board members about the zoning around the area.

Without further discussion the board voted.

The results of the vote were as follows: 6 affirmative and 0 negative. This will be presented to Town Board of Monon for their action.

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#835 Aylo Matteson, Owner; Laurel Eakin, Applicant; The property is located on Lots 7, 8 and 9 in W.T. Alkire’s Addition, in the Town of Brookston at 903 S. Prairie Street.

Violation: None

Request: They are requesting to rezone from R-2 to B-2 to put a Chiropractic Office on the property.

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

Laurel Eakin stated, I’m Laurel Eakin.

President Charles Anderson asked, do we have anybody in the audience with any questions?

Do the Commissioners have any questions?

Chris Carpenter stated, I have a few concerns. I’m Chris Carpenter and I live at 811 S. Prairie St., just to the North of it. I have 2 concerns one being that we have 4 kids and possible increase in traffic, all though I have heard Laurel say she was going to bring traffic in off of 43, instead of off of 8th St. which is where the kids ride their bikes and so forth. My other concern is not so much the chiropractic practice, but when she sells the business, what is going to happen to the property since it is all residential area, we just don’t want anybody there. I also have a letter that a neighbor wanted.

President Charles Anderson asked, do you want to submit it to the record then?

Chris Carpenter stated, yes.

President Charles Anderson asked, where does this neighbor live?

Chris Carpenter stated, this neighbor is on 8th St. I’m not sure what exactly their address is, but they are just to the West.

Attorney Altman stated, their address is 200 W. 9th Street, I will read this into the record. October 14, 2003. I planned to attend tonight’s meeting, but due to back problems I can not be there. My concern is traffic into the neighborhood, there are several small children ages 3 to 6 who play in the area. They like to ride their bicycles on the street. I also have doubts about why somebody would buy such a large house to only use a couple of the rooms for an office. This is an established residential neighborhood. We have lived there for 35 years at this address. I like it there because it is a quiet place.

David Rosenbarger asked, you actually live on 9th St.?

Chris Carpenter stated, we live at 811 S. Prairie. We actually live on the corner.

Several talking at once about the road locations.

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

Don Ward asked, how do you think it is going to create more traffic? There are about 7500 cars a day now.

Chris Carpenter stated, yes, but when you add something you are going to add traffic or are you going to subtract traffic.

Don Ward stated, I doubt it.

David Rosenbarger asked, where is the additional parking going to be?

Laurel Eakin stated, I was planning on putting it in front of the garages there to the South of the house. It sets on 3 lots, it is a huge lot and so there is already a concrete driveway and I was going to have them come in off of 43, so it keeps the traffic off the side streets. There is plenty of room to turn around in to go back out. There is already a circle there.

David Scott asked, can we get a commitment that if she closes this it goes back to residential?

Several are talking at once.

Charles Mellon stated, the lady that you read the letter from as far as why do you want the big house, our whole family goes to her practice down in the little house where she is at. She needs a lot more room, I will have to vouch for that.

Don Ward asked, Jerry does an alley act as a barrier the same as a street?

Steve Fisher stated, I have a question where the fencing would have to go like to the South of that against the residential and would it have to go up along the alley.

Attorney Altman stated, yes, and hedge can be fence.

Several are talking at once about hedges and fences.

Steve Fisher asked, is that hedge along the South side too?

Laurel Eakin stated, yes.

Steve Fisher asked, does the hedge line the alley way too?

Laurel Eakin stated, no, the garage is off the alleyway, which.

David Rosenbarger stated, they plan is deceiving. Walnut Street does not exist from 9th St. South. That was never claimed. There are straight behind the garage a 4 or 5 car garage type.

President Charles Anderson asked, at one time wasn’t there a veterinary hospital there?

Laurel Eakin stated, yes, it was in the 3-car garage and Aylo put a house on that corner right behind it, so she is more right behind the garages.

Director Weaver stated, according to our ordinance just so that you are aware, that a clinic does require a minimum of 6 parking spaces off street parking.

Several are talking at once.

Don Ward stated, from where your garage is on the backside going North to 9th Street, is there any type of hedge or fence along that.

Lauren Eakin stated, there is a decorative fence.

Don Ward stated, because that would be required to have something continuous from the edge of that garage going North to 9th Street.

Lauren Eakin stated, along 9th Street.

Don Ward stated, no because the street is considered a barrier.

Several are talking at once.

President Charles Anderson asked, the garage itself, not the clinic the house is going to be.

Laurel Eakin stated, right.

Don Ward stated, personally it would probably look better.

President Charles Anderson asked, are you willing to commit to bring the traffic in off the highway or do you want to use that back parking lot to for traffic.

Laurel Eakin stated, I thought maybe my secretary and I could park back there.

President Charles Anderson stated, and uses the front of the building for.

Laurel Eakin stated, I have a garage where I am now and it is awfully nice to park in the garage.

Director Weaver asked, are you planning on living on the property?

Laurel Eakin stated, no I’m not.

President Charles Anderson asked, do the Commissioners have anymore questions?

David Scott stated, well I didn’t know if he would feel better about it if we had a commitment on it because if she closes her chiropractic business. Then it would go back to residential.

David Rosenbarger stated, that is one thing that the town is really going to look at, not so much what you are doing, but what it opens it up to.

President Charles Anderson stated, this has to go to the Town after this. They have the last say.

David Rosenbarger stated, the town has the last say, but I’m not going to speak for the whole board, but it is going to take some kind of a commitment.

Laurel Eakin stated, to revert back when I sell it. I don’t have any problem.

President Charles Anderson stated, if you do want to sell it and sell it as a chiropractic office, you have the option to come in a change that at some point.

Laurel Eakin stated, there is just so little commercial space in Brookston. I don’t know where else to go.

David Rosenbarger stated, I know that was something that was talked about because a note was sent on the next docket or agenda and that concern of the residential all the way around it. I don’t foresee a problem with this business, but when you look at what White County allows in a B-2, I wouldn’t want that ability to come across the street next year or 10 years from now.

Laurel Eakin stated, is there some other classification that would be more digestible.

David Rosenbarger stated, I don’t think there is.

Don Ward stated you would be better off doing the commitment and just trying to do what you are doing. That usually satisfies the neighbors.

Laurel Eakin stated, we own the house to the South too, so we are concerned about it as a resident. I’m not planning on bringing more traffic to the side streets, it will come off of 43.

Attorney Altman stated, so traffic will be coming off of 9th Street.

David Rosenbarger stated, no it will be coming off of the highway.

Attorney Altman stated, you might include that on the commitment. You might also include in there that you and your secretary can come in the other way, so it is clear there and that it is allowed. I hear several people say that will be okay.

David Rosenbarger stated, I don’t know if I’m talking out of turn, but I’m just saying I know there was a concern with the board, which has the final. Would she be better off going to them and getting an idea, table it.

President Charles Anderson stated, if she tabled it, got the commitment and went to the board and asked what they feel about it. Right now you only have 6 people here. To give you a positive recommendation everyone here has to agree to it. So you might want to table it in case one of us don’t want to. It only takes one, if you had 10 members here and then it would take 5 of us to say no.

Laurel Eakin stated, there are a lot of logistics, financing and trying to get everything moved.

David Rosenbarger stated, that is why I was trying to save a little bit of time if you went to the Town Board with them having the final say and finding what their going to want and bring that back to this board.

Attorney Altman stated, I sure would find out what they want because they do have the final say. We only recommend.

Laurel Eakin stated, but if we make a recommendation, if we do this and it reverts back that is about as good as I’m going to be able to do for them.

David Scott stated, even if we vote it down, they can vote for it.

David Rosenbarger stated, right, this board makes a recommendation to that board.

President Charles Anderson stated, we could say yes and they could say no. Or we could say no and they could say yes.

Several are talking at once.

President Charles Anderson stated, if you want us to vote we will vote.

Gary Barbour stated, it is your right to have us vote.

Laurel Eakin stated, we were hoping that if everything went well.

President Charles Anderson stated, it would be contingent on a commitment and I think we could go ahead and do that or do we need the commitment.

Attorney Altman stated, the Commissioners would want us to approve the commitment and I bet the board would want the same thing.

President Charles Anderson stated, you would probably be better off bringing the commitment to us and us passing it with the commitment.

Laurel Eakin asked, I just write something us stating what you want?

President Charles Anderson stated, I suppose you would have to make it a legal document or Jerry can help you do it.

Attorney Altman stated, if you have your lawyer do it, have she or he get hold of me so that I can give them an idea of the form and I would be glad to do that.

Laurel Eakin stated, we really don’t have an attorney.

Attorney Altman stated, I would be glad to do that, but it would be at your expense. So go to the Town Board and get them and then get back and meet with a lawyer and then we can be on the board meeting next month, or we can vote right now.

Laurel Eakin stated, I don’t know.

President Charles Anderson stated, we wouldn’t be able to put a commitment on it at that point. If you get 5 votes it will go to them with a no recommendation vote, if it were me I would table it and come back with the commitment.

Laurel Eakin stated, it is kind of a gamble even if you vote it down, I still can come back next month.

Several talking at once.

Laurel Eakin stated, why don’t we go ahead and vote and see what happens.

Without further discussion the board voted.

Walt Owens stated, I’m Walt Owens and I have a question. If you guys approve this tonight and she went to the board and the Town Board approves it she can go right on and she is in a hurry and it is going to be cold and stuff. I don’t know what you are looking at exactly, but if the town doesn’t want it they will stop it.

David Scott stated, I don’t have a problem, what my problem is I would like to see the commitment stating the property would revert back to the residential. Can the Town Board make this with a commitment without our approval?

David Rosenbarger stated, Jerry just said no.

Attorney Altman stated, really the enforcement no.

David Rosenbarger stated, that is what they want is the enforcement.

Several talking at once.

President Charles Anderson stated, let's go ahead and vote on it and then she can decide what she wants to do.

The results of the vote were as follows: 4 affirmative and 2 negative. This will be presented to the town of Brookston for their action with no recommendation.

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President Charles Anderson stated, next on the agenda is business.

Walt Owens stated, I’m Walt Owens. You guys are talking about going from Business to Residential and I want to go the other direction almost. I’m remodeling the old theater in Wolcott 100% from the ground up other than the actual structure. It is a commercial building with a restaurant, theater down stairs and a residential upstairs and then in the back of the theater was storage. I remodeled the front half of it because it was grandfathered supposable. The restaurant is going back in and the residence upstairs is going back in and the backend I want to make it into 2 full size apartments. There is a 3 ft wall in between the first 40’ and that back 80’ 3’ up and 3’ thick and complete enclosed. I heard you tell these guys that you cant’ have 2 zonings on the same property.

Attorney Altman stated, 2 uses.

Walt Owens stated, 2 uses, so Residential and Business is one use.

Attorney Altman stated, no 2 uses Business and residential.

Walt Owens stated, that is why I’m here, I need to know what I can do to get around that. The rules were made by you guys or the State or somebody. It’s like these other buildings down town Wolcott, Monticello, Brookston, and ten buck too have their business down stairs and the residence up stairs. Diann told me that is an ordinance that is no longer allowed or something to that sort unless it is grandfathered. All of those buildings are to old to live in and if you do more than 50% of the assessed value of repairs you loose your grandfather. It doesn’t make sense any where in the world because those buildings are going to go to pot, if somebody doesn’t by them and remodel them and get the rents off of 2 pieces of property down stairs and the up stairs. The theater is a major pass I’m going to put a quarter million dollars plus in this business to get it up to snuff. What do I need to do to make it work. That is what I’m asking, who do I go to.

Director Weaver stated, I don’t see where the ordinance allows for it. I have talked to Jerry about it and he agreed with me and that is why Mr. Owens wanted to come talk to the board.

Walt Owens stated, I understand that ordinance doesn’t allow it, so we need to change the ordinance is what I’m talking about. You have to many buildings down town, I mean all of thse little towns are going to go to waste. Have you ever been to Rushville, IN. Rushville had a tornado in the late 60’s and took every building down. The tallest building was a church in that town. If you go through that town you would think it was a strip mall. It is ugly as all get out and these people don’t want to repair these buildings or buy them. I own three quarters of down town and I’d like to remodel them all and bring them up to snuff. I’ve got to be able to rent them for business down stairs and residential up stairs. Right now there are some buildings with residences in them on the bottom floor. If I get may hands on them there will be no residences down stairs. It all should be business. What do we need to do to get around the ordinance?

President Charles Anderson stated, it would have to be advertised all over the county to change the ordinance, but.

Steve Fisher stated, the problem is it is a life safety issue.

Walt Owens stated, I’m going from commercial to residential on the North side and the South side of that property is residential. The street is the barrier and the old telephone office use to be there behind that is residential. All the way East of that is residential and of course west is 24 and Country Inn. Half the property is bound by residential and half is bound by Commercial. The other two sides are streets. It is more residential than it is commercial. I still want to be able to use the front bottom for a restaurant or a business because like I said it is first floor and you don’t want someone living first floor down towns. That is what I’m talking about.

David Scott asked, do you know anybody in Lafayette, how do they do that down there.

Director Weaver stated, I do not.

David Scott asked, how do they do that down there. Right they’re where Sears use to be they have a strip mall on the bottom and apartments on top.

Steve Fisher stated, yes, but you are talking about new existing fire codes.

Director Weaver stated, he will have to go through the State.

Steve Fisher stated, there are a lot of life safety rules.

Walt Owens stated, Dave Anderson has been in my building and it is all fire codes there are no problems. The walls are 14’ thick all the way around it. It is probably built better than this Courthouse.

Don Ward stated, you will have to go through an Administrative Building Council, when you are making structure changes. You will have to go through them and then the fire Marshall.

Walt Owens stated, I’m adding walls the structure of the building is still in tact. I’m not doing anything to that. I’m not adding anything to the outside of the building. I’m going in and putting walls in the back of the building is 44’ x 80’ and there are pieces from the front stuff. I’m not changing any of the structure as far as it goes.

Attorney Altman stated, the way to correct it or change it would be to have a downtown zoning that would and I’m sure this isn’t like discovering the wheel. Someone said like in Lafayette grab that ordinance and review it.

President Charles Anderson asked, would you like to research that for us?

Walt Owens stated, yes, I would gladly go down, get a copy, and bring it to Diann, if you want.

Several talking at once.

Attorney Altman stated, why don’t you go to Lafayette and research that and get back to us. I would really appreciate that.

Walt Owens stated, I can research it and see how they did it. What if they don’t have the same ordinance that you have?

Don Ward asked, are you going to put a floor in for the up stairs?

Walt Owens stated, no I’m not putting an up stairs in.

Don Ward stated, well you are going to have 2 floors.

Walt Ownes stated, no the front half already has an up stairs, the back I’m leaving it with the 14’ ceilings.

Don Ward asked, you mean where the movie was?

Walt Owens stated, yes. I’m putting a floor.

President Charles Anderson asked, is that where you are putting the apartments.

Walt Owens stated, yes in the back.

President Charles Anderson asked, can something like that be subdivided in down town?

Walt Owens stated, that is what I thought. Leave the front half-commercial and the back residential.

Director Weaver stated, it doesn’t meet the size requirements.

Walt Owens stated, yes, there are some buildings down there with common walls and all built together and they are less than 3’ thick. There are some small ones, there use to be a doctor’s office right on Market street wouldn’t make 25% of this room and it is residential now.

David Scott stated, sounds like Jerry has the right idea if you can just to the down town business district.

President Charles Anderson stated, we need to see how someone else does it.

Several are talking at once.

President Charles Anderson asked, is there any other business to talk about.

Director Weaver stated, I just have the fines imposed is something that was requested by the Board of Zoning Appeals, so I decided to give you a copy as well. It is a record that we keep. I have highlighted the Hubbard Chevrolet they have not paid their fine.

President Charles Anderson stated, part of the reason it is not paid is because of me. When we impose a fine it states in there that we will send them a notice and he asked me who to mail a check to and I think you are to get a bill on it. It says within 60 days they will get it, but she already sent one for $500.

Director Weaver stated, I imposed the fine.

President Charles Anderson stated, the fine was imposed before we came here, but it was not the fine imposed by the board, so I assumed that we would send them a $100 fine in the mail and then they would go ahead and pay it. Well then I should have called before that to ask her. A couple of weeks ago I called him back and told him to send it to Area Plan.

Director Weaver stated, I didn’t send out another notice because he was notified that he was going to be fined.

President Charles Anderson stated, which I agree he was notified, but I told him I thought he would get another notice.

Director Weaver stated, he was given the notice at the time he was cited for the violation.

How many days do you want to give him another 30 days? Has anyone seen the apology in the newspaper? I haven’t seen that either.

President Charles Anderson stated, the day before the next meeting.

Steve Fisher asked, when the County sends something back to us to review again do the neighbors get notified because I noticed there were no people here and when Hites usually did that they weren’t here this time to complain. So I thought about it, she tabled it, but there were people here talking about this and I was wondering when they revert something back to us like that.

Several talking at once.

Charles Mellon stated, the height that you are talking about, I talked to her husband and he said he had intentions of tearing the house down. If she torn that house down right there she would be okay on everything. It is not rented now, I don’t think.

Several talking at once.

Steve Fisher stated, Charlie she has to be here for you to testify we can’t hear any stuff about it. She has to be here to be able to answer all of those things.

Director Weaver asked, are there any questions on attorney fees?

Just to bring the board up to date we did have a trial last week for the Board of Zoning Appeals, it is not something that has to do with the Area Plan Commission, but just so you are aware of what went on. We did have a garage that was built in 1999 down on Sheridan road that was built to tall and he then applied for a variance to be allowed to keep it at that height. It was denied and time went by, we filed suit against him, he then came in and filed the second variance to build an addition to attach the garage and the home together to bring the garage into compliance. That was approved, he got a building permit, and the addition was never built, so we did proceed and went into court with him last week and we have not heard from the Judge yet. As you will see under fees it is Babka.

We also had quite the deal on the Walker/Thompson, we ended up having an Executive Session and a couple of special meetings regarding that and got additional information back to the Judge who is handling that. We are ready to hear back on that.

Don Ward made a motion to adjourn.

David Scott 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