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The White County Area Plan Commission met Monday, January 12, 2004, 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, Robert Thomas, Dennis Sterrett. Also attending were Attorney Altman and Director Weaver.

Visitors Attending were: Don Apple, Katie Apple, Ray Owens, Jerry Jungel, Charles Mellon, Robert Thomas, William Abbott, Betty Abbott, Walter Sparks, Carole Sparks, Charles Burke, Matt Hubbard, Bill M. Penn, Carol Sue Penn, Kay Knop, Lenard Nuest, John Mitchell, Jeremy Mitchell, Kit Caster, Kenny Caster, Chri Dahlenburg, Roxanne Morrison, and Tim Plantenga.

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 November 10, 2003 meeting.

President Charles Anderson stated, our first order of business is the reorganization and re-appoint our Director and our lawyer. We want to start with the commission itself as far as officers or do you want to go with the director and lawyer. Let's go ahead with the commissioners first and then go with the other. We will start out with Secretary first. Do we have any nominations for Secretary?

Don Ward stated, I nominate Steve Fisher.

President Charles Anderson asked, do we have any other nominations for secretary?

Gary Barbour stated, I move that all nominations be closed.

President Charles Anderson stated, let's use the show of hands, all of those in favor of Steve Fisher being Secretary raise your hands. Steve Fisher is Secretary.

President Charles Anderson stated, okay we need a Vice President? Any nominations for Vice President?

Don Ward stated, I nominate Jay Clawson as Vice President.

Steve Fisher stated, moved to close.

President Charles Anderson stated, okay all in favor raise your right hand.

Attorney Altman stated, for the record that was not unanimous, but it was majority.

President Charles Anderson stated, okay Jay Clawson will be Vice President.

Jay Clawson stated. I would like to nominate Charles Anderson as President of the board.

Gary Barbour stated, I second it.

Steve Fisher stated, I make a motion that we close.

President Charles Anderson stated, all of those in favor, so moved.

Next on the agenda would be our lawyer. Do we have anybody else here wanting to apply for that job? I haven’t seen anything or heard anything.

Don Ward stated, I nominate Jerry Altman as the attorney.

Steve Fisher stated, I second it.

President Charles Anderson stated, let have a show of hands again on this.

Next on the agenda would be our Director, which is Diann Weaver here at the moment. Is there anyone here.

Attorney Altman stated, this is a little different this year. I don’t know did you circulate, the Statute for the last 4 or 5 years has had it so that the County Commissioners has to have the appointment. This has reverted back to the board to do this.

David Rosenbarger stated, I will nominate Diann Weaver.

Steve Fisher stated, I will second it.

President Charles Anderson stated, let's go by a show of hands as far as Diann being director.

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#836 Dane R. & Linda C. Davis; The property is located on 4.00 acres, South of Monticello at 3731 S. Freeman Road. Tabled from the November 10, 2003 meeting.

Violation: None

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

Attorney Altman stated, it was tabled again.

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#838 Donna S. Durflinger; The property is located on .539 of an acre, West of the Town of Monon at 808 W. State Road 16. Tabled from the November 10, 2003 meeting.

Violation: None

Request: She is requesting to rezone from A-1 to R-2.

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

Attorney Altman stated, with no body appearing this would be dismissed for lack of action.

President Charles Anderson asked, so we don’t table this one again?

Attorney Altman stated, no, 2 times and it is out.

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#840 White Rock Family Partnership; The property is located on 17.807 acres, except 1.002 acres, more or less, North of Monticello at 1922 N. West Shafer Drive. Tabled from the December 8, 2003 meeting.

Violation: None

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

President Charles Anderson asked, do we have anybody representing this request?

Matt Hubbard stated, I’m Matt Hubbard.

President Charles Anderson asked, do any of the Commissioners have any questions? Is there anyone in the audience that has any questions about 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 County Commissioners for their action.

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#844 Tarquin Rayfield; The property is located on 0.24 acres, more or less East of Monticello between County Road 650 East and Riverview Cemetery, on the South side of Riverview Road. Tabled from the December 8, 2003 meeting.

Violation: None

Request: He is requesting to rezone from A-1 to L-1.

President Charles Anderson stated, this one has been tabled.

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#846 Lenard & Julie Nuest; The property is located on 3.017 acres, Northwest of Monticello at 2579 E. 375 N.

Violation: Not in compliance with written commitment.

Request: They are requesting to revise the existing commitment to bring a container

business into compliance in the I-1 zoning.

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

Len Nuest stated, I’m Len Nuest.

President Charles Anderson stated, as far as the written commitment that we have, what kind of business are you wanting.

Len Nuest stated, we want to be able to set the containers and a truck outside. The boxes as empty and no trash comes into the facility and we are not a waste facility.

President Charles Anderson asked, but the containers are empty. They are not filled with trash.

Len Nuest stated, correct.

President Charles Anderson asked, did the commitment say they could have this?

Several answered no.

Director Weaver stated, everything had to be inside.

President Charles Anderson asked, do any of the Commissioners have any questions? How many are you talking about setting outside? How many trucks are you talking about?

Len Nuest stated, two trucks and less than 20 containers.

Attorney Altman stated, the proposed commitment that they have in front of us says 12 containers. Two trucks and one cleaning pulling semi trailer for storing pallets. That is all on page 2.

President Charles Anderson asked, do any of the Commissioners have questions, or is there anyone in the audience that has questions?

Mitch Cosgray stated, I’m Mitch Cosgray. I’m his neighbor. He has been there for about 5 years and everything has always been very clean and very organized. He has approached me before he even went into this and asked me if it would be a bother and we have never had any issues. I don’t anticipate any. Everything is very neat and clean and I know he won’t have trash over there, if he does I will put knots on his head.

President Charles Anderson asked, is there any one else who has any questions about the request?

Mitch Cosgray stated, I’m the nearest neighbor.

President Charles Anderson asked, how far?

Mitch Cosgray stated, 100 yards.

Attorney Altman asked, are you down wind?

Mitch Cosgray stated, yes.

Steve Fisher asked, what about the burner.

Len Nuest stated, that is for the small amount of cut off we have from the skids. 95% of the wood waste we have we give away for guys to burn. It is a very small amount.

President Charles Anderson asked, do you use that for heat?

Len Nuest stated, no we do not.

President Charles Anderson asked, are there any more questions on this.

Several talking at once.

Jay Clawson asked, if a problem arises out of the burning, that would be dealt with by John?

Director Weaver stated, I would think so, yes.

Jay Clawson stated, I know that other containers companies have brought wood in. If we have enforcement capabilities I think it would be okay.

Without further discussion the board voted.

The results of the vote were as follows: 8 affirmative and 1 negative. This will be presented to County Commissioners for their action.

Gary Barbour stated, wait a minute we still have a violation.

President Charles Anderson asked, did we send them a letter?

Director Weaver stated, yes we did.

President Charles Anderson asked, did we fine them at the time we sent it?

Director Weaver stated, he has been notified that he could be fined. I left that up to the Board to do.

President Charles Anderson asked, how long have you been in violation?

Len Nuest stated, probably a month before I was notified. Once I was notified we complied.

President Charles Anderson asked, are there any suggestions from the board?

Director Weaver stated, the first pictures I have taken with the containers outside was on 9/25/03.

Len Nuest stated, we got a letter for operating outside, I thought I was able to park them there empty. Once she contacted us we did clear them out.

Director Weaver stated, there are no container outside he has cleaned them up.

David Rosenbarger stated, the only problem is that he agreed to the commitment of nothing being parked outside.

Len Nuest stated, all operations being outside, or operating outside the facility, I didn’t understand that just by parking containers there was considered operating outside.

David Rosenbarger stated, we talked about that the last time you came before us and that was the main concern then. The idea behind the whole commitment was you were agreeing to nothing setting out side effecting any. I know we discussed the trucks would be loading and unloading.

Len Nuest stated, the last time I was asked I had a truck and I was asked about it and I said yea I do park it there. That was before we bought more containers.

Jay Clawson stated, I specifically asked you if you were planning running any kind of waste out of there and you said at that time no. I specifically asked you that.

Director Weaver stated, when he came to us the last time it was a violation then.

Steve Fisher asked, what have we done in the past.

Director Weaver stated, he wasn’t fined at the last meeting.

Steve Fisher stated, no I mean of others.

Attorney Altman stated, there is a $500 fine and you add $50.

Steve Fisher asked, is this the first one we have had involving this

Director Weaver stated, not with a commitment.

President Charles Anderson stated, I think he has tried to stick with best he can with no trash. The place does look clean. As soon as we stated he had a problem he has tried to correct it. He has violated the commitment, but I don’t think a $500 fine is appropriate.

Don Ward asked, how about $100?

Steve Fisher asked, did this cost us anything as far as time for the attorney or anything like that?

Director Weaver stated, not for the Attorney. It has all been handled within the office.

Attorney Altman stated, we have a proposal for $100 on the floor.

Jay Clawson stated, I will second it.

President Charles Anderson stated, let's do this with a hand vote. Everyone in favor of the $100 fine raise their right hand. Anybody opposed. 8 approved and 1 negative. We are fining him $100 for not complying with the commitment.

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#847 White Rock Family Partnership; The property is located on 1.002 acres, more or less, North of Monticello at 1922 N. West Shafer Drive.

Violation: None

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

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

Matt Hubbard stated, I’m Matt Hubbard.

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

Don Ward asked, why do you want to go back?

Matt Hubbard stated, when we bought the property it was zoned that way and to have a residence in the house we had to change the zoning so someone can live in there.

President Charles Anderson asked, is it just the house and the barn?

Matt Hubbard stated, it is just the house.

Jay Clawson asked, is that the best way? Why not R-1 or R-2?

David Rosenbarger asked, what is the best? What is the difference?

Director Weaver stated, the size if the lot. R zoning would allow a much smaller lot.

David Rosenbarger stated, it is still an acre.

Director Weaver stated, ag requires it to be 1 acre for it to be an “A” zoning. It has to be at least one acre.

Jay Clawson asked, what are the requirements with a business zoning around an “A” zoning?

Director Weaver stated, the business requires when it is against residential. Business zoning requires a barrier between.

David Rosenbarger stated, but not between it and ag.

Director Weaver stated, any business or industrial use zoned for residential purposes must have a fence or barrier.

David Rosenbarger asked, even “A” zoning?

Attorney Altman stated, residential purposes.

Several talking at once.

President Charles Anderson asked, are there anymore questions?

Don Ward asked, what do you think?

Director Weaver stated, there is no one living there at this time and there hasn’t been for quite some time. That is why the grandfather is broken because it isn’t being used as a residence.

Jay Clawson asked, is the house and all of that is meeting the setbacks and everything that is required for. The survey really doesn’t say much.

Director Weaver stated, I can’t answer that.

Jay Clawson stated, well he knows if they don’t meet the setbacks that they would have to be brought into compliance.

Director Weaver stated, I believe we did discuss that.

President Charles Anderson asked, how many feet?

Director Weaver stated, 60’ off of the road right-of-way, 100’ from the rear.

President Charles Anderson asked, the house is setting in the middle of the one acre.

Steve Fisher stated, the South fence line is probably it and that is.

Talking among the board members

Jay Clawson stated, I’m sure it is fine. You just have to know that if the house was to burn down you would not be able to build it back. You would have to bring it into compliance.

Matt Hubbard stated, right.

Discussion among the board.

Without further discussion the board voted.

The results of the vote were as follows: 8 affirmative and 1 negative. This will be presented to County Commissioners for their action.

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#848 Morrison Family Trust, Owner; Roxanne Morrison; Applicant: The property is located on 2.898 acres, South of Lowe’s Bridge at 4472 E. Penrod Drive.

Violation: Running a dog kennel on the property without being properly zoned.

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

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

Roxanne Morrision, stated, I just got the letter today saying that I was in violation. I didn’t know anything about it. When I first got my first 4 dogs two years ago. I came here to the Court House and asked if I needed a dog license. They asked if I was building a new building for it. I already have the building and here is my phone number let me know what I need. I have never heard anything. The whole time I thought I was agriculture because when I bought the property they had horses on there. I had horses because, I got this property because I could have horses. Never knew that it had been rezoned by the Liberty township out of agriculture. I’m here to get it all straightened out. I just got this letter today on the violation.

Director Weaver stated, the letter she got to day was telling her that we could impose a $500 fine.

Roxanne Morrison stated, as soon as I was told I needed the kennel license and came straight here to find out what I needed to do. The whole time I was thinking I was already agriculture and then they said no you are not.

Director Weaver stated, let me back up here a little bit. This is not a violation that we have been pursuing. This is something that the animal warden received a complaint on it. He has been handling this situation to where she came in and started inquiring with us.

Roxanne Morrison stated, and that was from my trustee that brought this whole thing up, who has not been a favorite fan of my late husband. I think this all kind of started because.

President Charles Anderson asked, how many animals do you have?

Roxanne Morrison stated, I have 10 dogs in my kennel and I have to shelties in my house. Chickens, I have had miniature horses and goats. In the future I don’t know if I want more chickens. It is mainly for the dog kennel. They are minature dachshunds.

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

Charles Burke stated, I’m Charles Burke and I live down the street from the Morrison property. I have a petition here representing 4 other neighbors.

President Charles Anderson asked, would you bring that forwards.

Attorney Altman stated, I will go ahead and read it. White County Area Plan Commission:

This is a quiet residential area with many year around permanent habitants. Don’t believe changing to A-1 zoning would be in the best interest of the neighborhood. Please deny their change request. You can see the signatures on the request.

President Charles Anderson stated, it has all of their addresses on there.

Attorney Altman stated, that would be Exhibit A.

Charles Burke asked, could I read the names to you?

Attorney Altman stated, yes.

Charles Burke stated, I’m Charles Burke, 4423 E. Penrod, within a block of the Morrison property. Steve Mazelin, he is immediately across from it, Kenneth Daubenspeck, is within a block of the Morrison Property, Ronald Dalton, owns 2 pieces of property that are adjacent to the Morrison property. John Kampenga, lives next door to me, 4441 E. Penrod and he is a weekender. All of these signatures are within 1 block of the Morrison property.

Roxanne Morrison asked, do you have a copy of my survey?

Looking for a copy of her survey.

Roxanne Morrison stated, I know what the survey looks like. I have almost 3 acres. My barn is not on the road and it is not against anybody’s house. It is not exactly in the middle of the property.

President Charles Anderson asked, the homeowners that are on that list, exactly where.

Roxanne Morrison stated, they are down the street from me.

President Charles Anderson asked, are they across the street to.

Roxanne Morrison stated, it is across the street too. One homeowner I can see from my house. My house is in the middle of the property. My barn is set away from my house. I don’t see that my dogs would be a problem. I keep them in the kennel. The only dogs I have outside are my house dogs, which I would still have even if I didn’t have the kennel.

President Charles Anderson asked, where is your kennel as far as the Mazelin property is concerned.

Roxanne Morrison stated, in the big pole barn, I have two barns one is an animal barn, which is the horse barn.

President Charles Anderson asked, are those the ones by Penrod Drive?

Roxanne Morrison stated, Mazelin would be on Penrod catty cornered.

President Charles Anderson asked, yes, but your two barns are out by Penrod Drive?

Roxanne Morrison stated, yes.

President Charles Anderson stated, the Mazelin property borders the large barn.

Roxanne Morrison stated, no, they are catty cornered.

President Charles Anderson asked, are they across the road from you, and they own the property adjoining you.

Roxanne Morrison stated, yes and there is an empty lot there. They use it to let the kids play frisbee. My whole property is fenced with small wire fencing. It is to keep my animals in and to keep anybody else’s dogs from coming in. I fenced all of that when I first bought it.

President Charles Anderson asked, how many years have you been there?

Roxanne Morrison stated, I have owned the property now quite 20 years. I have owned it, but not living there maybe 15 years. I have had the house there, this is my 4th year.

President Charles Anderson asked, how did this get zoned residential.

Director Weaver stated, the zoning maps show it as a residential. We were kind of confused by that too.

Roxanne Morrison stated, if I had been notified that it was coming out of agriculture, I would have been in.

President Charles Anderson stated, it has never been.

Director Weaver stated, it didn’t have an agriculture zoning. Liberty township didn’t come in to effect until 1993. There were maps done. The maps were done I’m assuming in 1972 when Area Plan fist came into the County. That is where it was zoned an R-2. The zoning map that we have to go by shows it is a residential property.

President Charles Anderson asked, how many years have you had the kennel with that many dogs in it?

Roxanne Morrison stated, about two years. I have had a sign out from with my phone number.

Don Apple stated, I’m Don Apple and I own the resort right across the street from her. I have got a much more comprehensive map here. It shows where everything is laid out.

Attorney Altman stated, that would be exhibit 2.

Don Apple stated, basically what this is. This is the lay out of our trailer court with reference to Twin Lakes Regional Sewer. It shows the Morrison property on here, the Mazelin property, it doesn’t show the Burke property. Burkes is on down the street.

President Charles Anderson asked, where is her property on that?

Several are talking at once.

Don Apple stated, right here is the two barns, here is West Shafer Drive, here is Penrod Drive. I own this house right here.

President Charles Anderson asked, where is the dog kennel at?

Don Apple stated, the dog kennel is in this building right here. I own the property across the street here and I own the property across the street here. Mr. Raderstorf owns this. What I have here is a letter I wish to present to the board. I would like to read this into the record.

President Charles Anderson asked, what is it about?

Don Apple stated, this is a letter of complaint and.

President Charles Anderson asked, from several people?

Don Apple stated, it is from my wife and I. There is a petition on the back with several signatures on it.

The letter is being passed around.

Don Apple stated, the letter so states. This is not an easy complain to write, we both considered Roxie Morrison a good friend and a good neighbor which she is. You couldn’t want for a better neighbor then what Roxie and Tim are, but we hope she considers us that way too. We understand once a property is rezoned it would remain that way forever and Roxie can have various breeds of dogs should she be allowed to have a kennel. We are writing this to protest and asking you that you do not permit the trust to change the zoning classification from an R-1 district to an A-1 district. The area is surrounded by high density of residential housing on 3 sides and our campground on the fourth side. The noise from Roxie’s dogs is terrible. To date no animal control officer has been allowed into the fence and locked area where the animals are contained. Our tenants in the campground have complained about the loud barking of the dogs. Have you ever heard 30 dogs or how ever many there are barking at the same time. One of our tenants claimed she had 50 dogs when he saw them. These dogs start barking at the slightest provocation. Can you image hearing that everyday several times a day and night long would you be able to sleep in a mobile home or a camping trailer with thin walls to block the sounds.

In the past we have put up with the smell of horses, goats, fowl, and including a large number of geese. In addition to the noise and the smell which not only entered our house and prevented us from using our deck. We have had to appeal to the board of health to see that the large piles of manure were cleaned up. You want to be strict with regulations with our sewers, our leach beds, so that we do not contaminate our wells and the lake. Mean while a large number of animals on that small acres has sure contributed to contaminate things. We know Blue water beach has had to be closed down various times because of contamination from ducks and geese.

At one time the Morrison’s had a very young female deer that was being chased during the extreme hot weather. The reason I’m stating that in here is because I need to bring up the intent here. Had a female deer that was extremely harsh and hot weather was being chased by an older male. We did not think the doe would like during the night, she was gasping for air, and tongue was hanging out, and appeared to be almost collapse. Her hide was worn bare of the hair and she had numerous scratches and cuts. She was forced against the fence surround her pin in the attempts to flee. Finally Conservation Officers Dave Schwanke came to check on the deer and he said, most certainly the young doe would have been gored to death from the buck when it grew antlers. He said that it was necessary to have a permit to have a wild deer and that there were guidelines to protect the deer. The Federal Officer was called in and the situation was address and stopped. The doe was separated and thus protected from the buck. Until the authorities stepped in the situation with the deer was not handled in a wise manner. We did go to Roxie and told her what was happening to the young doe, but she laughed it off and said she knew the male would not leave the female alone. Apparently she did not understand the danger to the animal.

We had no idea until we saw her sign that Roxie intended to have a kennel. Please consider our plea. Would you like this situation next to your home? We put the property up for sale and when it didn’t sell the realtors complained that it was a poor location to the situation with the barn and fence and animals. There is no question that the value of the property was decreased.

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

Don Apple stated, where the fence is on the map, the distances from the kennel that she is proposing to our trailer court is less than 125’. If you look at the petition on the back, I have the trailer lot numbers on there from the people who own those trailers have authorized signatures on this and along with some of the residence in the area. Our house is 100’ across the street from where this kennel is going to be sitting on the lake. The density of housing setting around there in my opinion is to great to allow a kennel to be put in there. If prevailing winds come out of the South or Southwest blowing right across the trailer court, blowing right across the property on the lake and we haven’t been able to use our decks in a lot of cases. The water shed on her property is headed right towards the lake. Our property values have gone down, so I ask you not to grant this variance to her.

Roxanne Morrison stated, I believe there were 50 dogs stated, I have never had 50 dogs, never had 30 dogs, never intended to, unless you count puppies. The barn is always going to be there. The horse barn in setting there with stalls in it for horses. I don’t know what manure run off you are talking about, I clean up the manure more than once daily. As far as the barking dogs, I have two housedogs they are on my property, they can run the fence line when the kids are driving by on their bicycles. If I don’t have a kennel license, I’m still going to have a barking dog. Is that going to be in violation, I can’t have even a dog because it barks.

President Charles Anderson stated, you can have a number of animals without it being a problem.

Roxanne Morrison stated, my dogs are in the barn, what use to be a workshop. It is insulated during the summer and I have the doors open. We decided that we are going to put an air conditioner in there. The only neighbor’s that I have is couple of trailers in the summer time that are right on East Shafer which would be the closes to this door of the kennel. It opens up to the South. It is the only way you can hear the dogs, is when that door is open. I don’t leave the dogs out at night. I’m right there when I’m letting them in and out. I let some stay out in the summer. I’m not going to do that this summer. I understand you did say in the trailer park, which is not year around. I was not intending keeping the dogs out.

President Charles Anderson stated, we need to move this along. Do you have anything new to add?

Charles Burke stated, the deepest concern of the people that signed my petition had to do with the zoning from residential to agriculture. My understanding of the agriculture one is you can have any type of animal around. You can have pigs, goats, anything. This would not be conducive to a good fine residential area, which we are. While you have heard discussion about dogs, puppies, and so on granting the change to A-1 there is nothing that would preclude sometime frame and then instead of dogs, puppies, horses we might have sheep. Something else is not good for our neighborhood.

President Charles Anderson asked, do we have anybody else? Do you have anything new to add to this?

Tim Plantenga stated, I’m Tim Plantenga. I have known Roxanne for about 3 years and all of these people are talking bad about her. She doesn’t have any children, she loves animals. When her ad her late husband bought this place, they bought it from a guy who had trotters and he kept the trotters in this one pole barn that is full of stables for horses. Since they bought it, she has had miniature horses, goats, peacocks, geese, she has had every kind of animal you can think of. As far as all of this manure run off that is a bunch of “BS” because she keeps it cleaned and she keeps everything tidy and nice and neat. I don’t know if you have pictures of it, but you can tell in the summer time she puts out a 100’ long garden with 9 rows. She is a big gardener, her lawn looks like a golf course. As far as this 50 dogs or 30 dogs that is really a bunch of “BS”. She has two shelties that she has had for years and they run the fence line anytime anybody walks down that road. They are out there barking at them. The neighbors ought to be thankful she doesn’t have rottweilers. She could have 3 or 4 rottweilers out there instead of these shelties. Now she is doing the miniature dachshunds and she keeps most of them in the kennel and like she said she is getting ready to put an air conditioner in there. As far as pigs, goats, and stuff like that I just can’t understand it. Before she took on the task of wanting to do a kennel, she went in to the building, she went in there to find out what she needed to do, because she thought they were zoned agriculture when they bought the place. This guy had racehorses there, so I guess that is why she thought she was agriculture. She went in there and asked them what she needed to do for a kennel, and didn’t get an answer, so she left them a phone number and never got a call back and now she has these dogs and all of this is coming down on her.

President Charles Anderson asked, how long ago has this been?

Tim Plantenga stated, two years ago.

Several talking at once.

President Charles Anderson stated, whether you live there or you sell it, it will be zoned A-1. Somebody else could have them in there or bring them in there. That is what their concern is, part of their concern is not moving animals in like that in that area.

Tim Plantenga stated, she has 3 acres. The whole place is fenced in. Most of these people live a block away.

Several talking at once.

Tim Plantenga stated, the only neighbor she has is the trailer park across the street and there are about 2 or 3 trailers in there in the summer. In the winter there is nobody. Across the street where the Apple’s live there is couple of houses and on the other side there is a huge vacant lot. The people who live there so far way you couldn’t hear the dogs. This guy here lives a block down the street and I don’t know where he is coming from. He is not an adjoining piece of the property. I think that is part of the rules. He is like out of line.

Several talking at once.

President Charles Anderson stated, it pretty much looks like it is residential all the way around your property.

Roxanne Morrison stated, those are all empty lots. It looks like I have a lot of neighbors and they are making it sound like I do.

Tim Planteng stated, maybe we ought to table this, so we can bring in pictures to show you.

President Charles Anderson stated, let's get through this first. You can table this anytime.

Tim Plantenga stated, this guy is way out of line over here if he lives a block away.

Roxanne Morrison stated, I know that dogs make noises and I’m controlling the situation. I let them out and then I put them back in. I clean up the dog manure.

President Charles Anderson asked, do we have anything else from any body else in the audience?

Don Apple stated, just indulge me and look at that map to see if there are 2 or 3 trailers there. There are more than that.

Several are talking at once.

President Charles Anderson stated, I’m running this meeting, now what did you say.

Don Apple stated, I have no personal animosity against the Morrison’s. Roxie is a good neighbor as well as Tim. We do have and I have had a lot of people come to my trailer court that pay big money to stay there and the fact is when they start complaining to me that they can’t sleep at night because of the dogs barking all night. When I go out at midnight and she says that she had ten dogs over there, that is absolutely not true. You need to talk to your animal control officer.

Roxanne Morrison stated, he once told me this fall when I brought up that I have to go in about a dog kennel, he said one of the guys in the trailer had made it a point that the barking dog was a problem. The only dog that is barking out there is my sheltie that is a house dog that is going to be there anyway whether I have a kennel or not. I know I can have a dog. He brought up all of these other animals, which I don’t even have any more and I don’t intend on having them.

President Charles Anderson asked, how many animals at this time are you breeding? Is it pretty much a breeding kennel you have?

Roxanne Morrison stated, yes.

President Charles Anderson asked, how many dogs are you breeding right now?

Roxanne Morrison stated, 12 dogs.

President Charles Anderson stated, 12 adults dogs.

Roxanne Morrison stated, I don’t count the puppies because I’m selling them.

Several talking at once.

Tim Plantenga stated, as you can see in these pictures that is her house setting out in the middle right there.

President Charles Anderson stated, behind the kennel is the residential area. Back behind the kennel is where the residential area is.

Roxanne Morrison stated, it isn’t even near it.

Tim Plantenga stated, the pole barn is full of staples.

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

Attorney Altman stated, we have something that needs to be read into the record. It is from Steve Mazelin. (see letter in file)

Tim Plantenga asked, so where does this guy live? Does he live a block away also.

Several talking at once.

President Charles Anderson stated, this doesn’t have to go in as agriculture to have a kennel, you can have a dog kennel in business. You can section off a part of that property.

Tim Plantenga stated, we have been led a stray on this. We went in there to find our what we needed to do and now we have went from 4 dogs to 12 dogs and we are finding out.

President Charles Anderson stated, I know you are trying to correct the problem.

Several talking at once again.

President Charles Anderson stated, as far as your acreage, you can split off that barn and try to rezone it as a business. You have access right from the road all the way along there. You could try to rezone it as a business, which isn’t going to cure all of the problems that we are hearing tonight either. It would alleviate the problem of other animals out there. In order to do something like that you would have to table this or cancel this and try to bring it back.

Tim Plantenga stated, if we try to do something else the people who live a block away.

President Charles Anderson stated, let's not get into the character problems here.

Several talking at once.

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

Steve Fisher asked, are you still interesting in us voting on this or do you want to table it?

Tim Plantenga asked, if we table it, can we bring pictures in the next meeting? They are making us look really bad here.

President Charles Anderson stated, yes, but as far as you wanting to bring the whole property back and try to rezone… That is something that you have to think about, but you could have a business zoning and have a kennel. You don’t have agriculture, that is something that you are going to have to decide.

Director Weaver stated, you need to come back in to our office.

President Charles Anderson asked, so do you want to table this?

Tim Plantenga asked, what about this $500 fine that she is dealing with that she got in the mail today. She had to get a survey done. We are trying to do everything as well as possible.

Gary Barbour stated, I’m in agreement with the zoning, but what makes this whole property is my opinion is that you want to put a kennel in here and now it is a business that regardless whether is was zoned A-1 or Residential, you are still going to have a special exception, so it is still a violation regardless of what it is zoned. As I see it you are trying to bring it into compliance and I think we are willing to work with them and try to make it right for everybody. At this time if they want to table it until the next meeting and look at their options, I as a board member see no reason why you need to pursue it at this point and time.

Several answered that is fine.

Jay Clawson stated, one of the things I would like to see on the kennel, is that they do have a sign that is in the road right-of-way that is dangerous.

Roxanne Morrison stated, it is on my property because I own to the road.

Jay Clawson stated, yes, but setbacks for signs have to be 12’ off of the right-of-way, and when it is setting on the corner people pulling out can see. I almost got hit because you couldn’t see and someone was coming down Shafer drive fast. With any kind of a sign it is definitely out of compliance.

Tim Plantenga stated, these pictures of Apple’s trailer park show like he has one mobile home setting there and I think there might be two other trailers in that row.

President Charles Anderson stated, if you are going to table this, let's stop discussing it. How far is the road way from the barn?

Roxanne Morrison stated, it is on the survey, I believe it is 35’ to the centerline. My dog kennel is in the opposite side of the barn. We built the barn.

Several are talking at once

President Charles Anderson stated, this is tabled until the next meeting.

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#849 Kenneth Caster; The property is located on 2.021 acres, North of U.S. Highway 24 at 444 N. State Road 39.

Violation: Selling golf carts on the property without being properly zoned.

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

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

Kit Caster stated, I’m Ken Caster, but I go by Kit.

President Charles Anderson asked, do we have anybody here with any questions about this request? Do the Commissioners have any questions?

Director Weaver stated, I have not received anything from any of the neighbors. I do have one question, I was told that you also sell oil. Is that correct?

Kit Caster stated, I sell lubricants. I’m a salesman. I travel around selling it. The golf carts were a side line for something by a fluke and one thing led to another and people found out and I sort of done it and fixed things for them. I went from there, I didn’t realize I was doing something wrong, until I got the letter of the violation. It says in here to go to a B-2 and I don’t agree with the B-2 because I don’t need anything that is in the zoning of a B-2. I’m not going to put a gas station in, or whatever. Trying to find out and figure out what is what they said B-2 and then I found out I couldn’t live there and its like wait a minute I am going to live there, that is where my house is. I sectioned off a section the only reason it is as wide as it is, if for some reason that building that I was at or what ever problems I was going to put a 3 car garage up and it would be in the middle of everything. I made it to include that in the future. The only thing that I did find out in all of this, not blaming anybody, but I’ve got variances that I have to deal with basically my property did not get surveyed like everybody thought it was suppose to be. I found out that the property line is a lot closer than we thought.

President Charles Anderson asked, you have to get a variance?

Kit Caster stated, yes I still have to go for a variance to meet the B-2 requirements.

President Charles Anderson asked, are there anymore questions?

Kit Caster stated, I talked to all of the neighbors, Herm Parrish is the closest neighbor and he was actually going to be here tonight on my behalf, but was struck with the flu bug. He has no problems, Les Howard has no problem, Jim Paschen. As you can see by the look of everything that I have done vast improvements over the years. The pond in the front yard, cleaning up the old woods that the tornado tore up and stuff. I’m not there to make an eye soar for anybody.

Director Weaver asked, when did you start the business?

Kit Caster asked, what business?

Director Weaver stated, the golf cart?

Kit Caster stated, I got into that probably 2 years ago last year was more full force of doing it. As far as putting anything outside.

Director Weaver stated, two years ago being 2001 or 2002.

Kit Caster stated, 2002. This past summer was the main stay all summer long that you ever saw anything setting outside.

President Charles Anderson asked, are they used golf carts?

Kit Caster stated, yes.

Director Weaver stated, I have talked to the Building Inspector about this and if he does get rezoned he does need to go through the State for a design release on the building.

Kit Caster asked, for what?

Director Weaver stated, you do need to go through the State for a design release because the public will be in the building.

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

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.

Kit Caster stated, I have a question about the violation. Do I owe the $500 or what?

President Charles Anderson asked, you just went into this gradually? It wasn’t just all of a sudden?

Kit Caster stated, no.

President Charles Anderson asked, when did you hear about the violation?

Kit Caster stated, I got it in the mail. The reason I’m trying to do everything so quick and if you guys have any impute, I’m more than happy to hear it. I’m leaving at the end of the month. I won’t be back until after Easter Weekend. Early April is when I get back and I wanted to make sure this got done or get somebody on my behalf. Obviously the summer time is when things get picked up.

Director Weaver stated, I mailed the violation letter to him on December 8, 2003.

Gary Barbour asked, how did the violation come up?

Director Weaver stated, I have been watching the property for a while and then I was told that it was a business.

President Charles Anderson asked, do any of the Commissioners have any suggestions?

Don Ward asked, what are you talking about when you are talking about a release design? Are you talking about the State Building Commissioners?

Director Weaver stated, we have done that before.

President Charles Anderson asked, who is he going to have to work with?

Director Weaver stated, he is going to have to work with Dave Anderson on that. That is who I consulted on with. I knew we had done that before and that is why I asked him about it.

Kit Caster stated, the building is a 60 x 60 that is currently on that section.

President Charles Anderson asked, how many units do you move a year as far as?

Kit Caster stated, as far as golf carts I would say maybe 20 went through.

President Charles Anderson asked, 20 this year?

Kit Caster stated, yes, 20 is what I sold.

President Charles Anderson asked, how many did you sell the year before?

Kit Caster stated, slowly maybe a dozen, if that. I’m not sure.

President Charles Anderson asked, do we have any suggestions on what we should do about the fine?

David Rosenbarger asked, since he has been notified has he been pretty good on getting this taken care of?

Director Weaver stated, yes.

Kit Caster stated, the minute I was notified the two carts that I personally had that were setting outside, everything came inside. There wasn’t anything outside.

President Charles Anderson asked, this wasn’t something that you put in writing that he had to stay by these rules or anything else? I suggest that we waive the fine.

Jay Clawson stated, I second that.

President Charles Anderson stated, everyone in favor of that raise your right hand. Everyone voted in favor of waiving the fine.

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#293 Walter D. and Ruthalea Sparks; Requesting approval of a 1 Lot subdivision to be known as White Rock Subdivision on 1.820 acres. The property is located North of Monticello on the South side of Shore Acres Court.

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

Walter Sparks stated, I’m Walter Sparks.

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

Don Ward asked, is there any chance that, that road will be turned over to the county?

Walter Sparks stated, that road is a county road.

Don Ward stated, it says 30’ and legally they can’t do anything on it.

Walter Sparks asked, it says what?

Don Ward stated, it says a 30’ county road. You really need another 5’ of road right-of-way.

30’ is not enough legally.

Walter Sparks stated, I don’t know anything about that. That is the County. That won’t interfere with where the house is going.

Don Ward stated, no, it would be nice if you gave them the 5’ now.

Walter Sparks asked, if I do what?

Don Ward stated, set 5’ more aside for the road. Legally the county can not do anything on less than 40’.

President Charles Anderson asked, is the county using it and clearing it, snow removal.

Walter Sparks stated, yes, school buses and everything.

President Charles Anderson stated, it would be your benefit to put another 5’ easement.

Walter Sparks stated, if the county wants it they can have it. All he has to do is survey it and come see me and he can have it. I think he already has it there. The property line is quite a bit on this side of the road.

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

Several talking at once.

President Charles Anderson asked, does anybody in the audience have any questions on this?

The board is discussing the two plats on which one to put the additional 5’ on.

The Primary Approval Request for a 1 lot subdivision to be known as White Rock Subdivision located in Monticello, 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.

Several are talking at once.

The Secondary Approval request for a subdivision to be known as White Rock Subdivision located in Monticello, 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.

****

President Charles Anderson stated, next is the business and we have several things.

Director Weaver stated, first we have Anthony J & Sharon A. Chmielewski. Just to briefly update the board on what has transpired. It was brought to our attention that there were two mobile homes on the property. It was undetermined if the homes were being lived in. Therefore we did send a violation letter out to the Chmielewski. As soon as they received the letter they informed us that they had sold the property on contract to William Abbott. We then notified William Abbott of the violation and he has been working with us and has gotten one of the trailers completed removed and it did belong to the neighbor, but it was setting on his property or right on the boundary line. The second trailer he wants to keep. It is a 1961 and he has filed the special exception to go through the BZA on that to be able to leave that mobile home on the property.

President Charles Anderson asked, is Mr. Abbott here to represent this?

William Abbott stated, I’m William Abbott. I did not know I was in violation. I did not know I had to have a permit to move this on to the property. As soon as I found out I came up here to take care of it. All I ask is that you waive the $500 fine. I will go ahead and get all of the permits and get this taken care of.

President Charles Anderson asked, how many acres is that?

William Abbott stated, 10 acres.

President Charles Anderson asked, does it have access to the county highway.

William Abbott stated, yes. I’ve got it all drawn up.

President Charles Anderson asked, do you have a septic or a well.

William Abbott stated, I got the septic permit and I’m having a well dug in the next week or so. We have sold our home and we need a place to live.

President Charles Anderson asked, do you want this as a permanent residence or temporary?

William Abbott stated, this is going to be temporary until I get the house built. We are going to build a house right behind it. As soon as the house is done the trailer is gone. I want to keep the add on for the shed.

President Charles Anderson asked, how was this brought to your attention?

Director Weaver stated, John Raines notified us.

William Abbott stated, the other trailer wasn’t even mine, I told him he had to move it.

President Charles Anderson asked, do the Commissioners have anything?

Don Ward stated, I make a motion that we waive the fine.

Dennis Sterrett stated, I will second it.

President Charles Anderson stated, all in favor raise your hand. The fine has been waived.

****

Director Weaver stated, next we have Raymond Owens. Similar situation we had John Raines notified us that there were several RV’s on this property. We discussed it and we couldn’t tell if these were occupied or being stored. Therefore we decided that we would send a letter out notifying them that they were not zoned properly for a campground. We sent a letter out to Mr. Owens and he did also notify us that he had sold the property to Jerry Jungles. He has cooperated with us and he has worked on getting these removed. He has all but one removed off the property, which he is allowed to have the one. He is in the process of deeding over a 1-acre tract to his father. So he can bring his back. These trailers were his own trailers that he had on the property. The one will come back to his father’s property.

President Charles Anderson asked, which one are we working with right now.

Director Weaver stated, these are RV’s.

President Charles Anderson stated, no, they are personal RV’s.

Director Weaver stated, I have been dealing with Mr. Owens.

Jay Clawson stated, I have a question. If I owned a 10-acre woods and I want to have all of my family over for a weekend to camp. Say I have a pond like Charlie does, I have 4 brothers and they want to bring their RV’s and park in there. Are we out of compliance?

Director Weaver stated, they can do that for a short period of time.

Jay Clawson asked, so when does it not become permanent? Is there anything in the ordinance that says how long before it becomes a permanent fixture?

Director Weaver stated, but there is a definition for RV campground and that is what we were following.

President Charles Anderson asked, these were deemed as not permanent structures?

Director Weaver stated, right. They were storing them.

Raymond Owens stated, I’m Raymond Owens.

President Charles Anderson asked, all of them are off except for one trailer.

Raymond Owens stated, the one camper is on his property and I already deeded the 1 acres over to my father and his camper is setting over there. It is not a permanent thing. When my mother passed away he sold the house, moved in with me, he just leaves it there, and he travels around.

President Charles Anderson asked, what about having the campers there.

Raymond Owens asked, that is a question I have if I want to go spend a week with my father, I have a camper on my property and decided to go over there and camp next to him am I in violation?

President Charles Anderson stated, no.

Attorney Altman stated, no temporary basis but however, if it is a small parcel and cause a health problem of some sort then yes you could be in violation of the health ordinance.

Raymond Owen stated, I will tell you that I didn’t know that this ordinance existed. From now on before I make a move or he does we will make sure that we ask someone. I didn’t realize it. I live in Lafayette.

Attorney Altman asked, why did you have to have 2?

Raymond Owens stated, the only difference in Lafayette and here is at least you get a warning and then they fine you. Here you get fined right off the bat.

Director Weaver stated, a recreational campground is considered an area with 2 or more recreational vehicles.

President Charles Anderson asked, do any of the Commissioners have any suggestions?

Attorney Altman stated, I guess what I would do is get the paperwork to the Area Plan department about the 1 acre being divided off and get for sure the compliance for the one you are keeping on there and have either Diann or Officer Raines go in and check it out and then we would know that it is done and you got the paper work.

Raymond Owens stated, we filed with her and the Auditor in the Courthouse.

Attorney Altman stated, just get a copy to the department.

President Charles Anderson stated, so we will waive the fine and he doesn’t have to come back. Do you understand that? Just get a copy of the paperwork to Diann and we will have Officer Raines check it out. The fine was waived.

Several talking at once.

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The meeting adjourned.

Respectfully submitted,

Stephen Fisher, Secretary

White County Area Plan Commission

Diann Weaver, Director

White County Area Plan Commission