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

Visitors Attending were: Sheryl Weaver, Larry E. Weaver, Nancy Weaver, Kim Haygood, Paul Haygood, Kenneth Kyburz, Michael Kyburz, Ann Sayler, Jim Salyer, Mark Martin, Joyce Martin, Shirley A. Erikson, Bill Garrett, Misty Garrett, R. Joe Roach, Mary E. Downing, Jeff, VanWeelden, Ralph L. Walker, Candy Cross, William Cross, Sallie Denton, W. J. Misenheimer, Marvin McAnich, Greg McAnich, C. McAnich, and Greg Vogel Jr.

The meeting was called to order by President Charles Anderson and roll call was taken. David Rosenbarger made a motion to dispense with reading and approve the minutes of the October 12, 2004 meeting. Motion was seconded by Gary Barbour and carried unanimously.

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#863 Willie J. & Carole A. Cross; The property is located on 0.631 of an acre, West of Wolcott at 11381 W. US Highway 24.

Violation: None

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

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

Willie J. Cross stated, I’m Willie Cross.

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

David Rosenbarger asked, are we doing this to bring this into compliance for the used care lot?

Director Weaver stated, no, he is currently in compliance. He had rezoned this property before to put the car lot there. What we are doing, what he is wanting to put an office in his building with him and in order to do that he has to be zoned B-2. The car lot can also be in the B-2 zoning.

Attorney Altman stated, so again this is going from I-1 to B-2 and being zoned down.

Willie Cross stated, I previously did seal coating and that is why I got it for I-1.

President Charles Anderson asked, are you going to be doing that again?

Willis Cross stated, no.

President Charles Anderson asked, anybody in the audience have any questions about this proposal?

Without further discussion the board voted.

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

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#296 James A. Sayler; Requesting primary approval of an 11 Lot subdivision to be known as Sayler Addition on 4.389 acres. The property is located in Idaville at 306 S. West Street.

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

Ann Sayler stated, I’m Ann Sayler.

President Charles Anderson asked, do any of the Commissioners have any questions? Does anyone in the audience have any questions?

Marvin McAnich stated, I’m Marvin McAnich and I’m here with my mother. The area that is being asked for the zoning...

Several are talking at once.

Marvin McAnich stated, okay the subdivision says 11 lots. My mother has already purchased the lot there and owns it. She has been there for a year now, she doesn’t feel that she should be included into this division.

Attorney Altman asked, who is your mother?

Marvin McAnich stated, Mary Downey.

Attorney Altman asked, is that the lot that is called lot 1 on this subdivision?

Marvin McAnich stated, yes.

Ann Sayler stated, she new it was going to be subdivided when she bought the first lot. She was in agreement with that before she ever bought it.

Mary Downey stated, I’m not in disagreement, only in the covenants. I was not included in the covenants.

Ann Sayler stated, she got a copy of that before she bought the lot.

Marvin McAnich stated, no.

Mary Downey stated, no.

Attorney Altman stated, one at a time.

Ann Sayler asked, do you have a copy of it now.

Mary Downey stated, no I don’t have a copy of it now.

Marvin McAnich stated, it was not contracted as well.

President Charles Anderson stated, if she has already bought the lot and already owns the lot, I don’t know how we could enter her into the subdivision.

Director Weaver stated, let me explain a little bit of what has happened. At the time that they sold the property and I’m not real sure what happened either, but at the time that they sold the property. They took the deed down to the Auditor’s office and the whole acre was deeded over to Ms. Downey’s name, instead of just her part. They couldn’t just deed her part because it would have been an illegal split. They didn’t catch the fact that it was just a portion of what the Sayler’s owned and not the whole thing. They transferred the whole acreage. I do have in the file a copy of the deed to take care of this. Deeding the property back to the Sayler’s and deeding her lot back to her, if this goes through.

President Charles Anderson stated, if we did this can we make that where she, even though she knew there was going to be covenants, she did know what the covenants where going to be. I don’t see how we can stick her with covenants for your subdivision. Would it satisfy you if you weren’t restricted by those covenants?

Ann Sayler stated, we were not aware that there was a problem with those covenants until just right now. She knew there were going to be covenants and everything.

President Charles Anderson stated, but she already owns the lot.

Ann Sayler stated, right.

Mary Downey stated, there was no mention of covenants.

President Charles Anderson stated, you can’t stick her with covenants after the fact.

Ann Sayler stated, I just want to know what her problem is? Why she has a problem with it now and didn’t come to us before because she is my aunt.

President Charles Anderson stated, she probably didn’t know what they were.

David Rosenbarger asked, where is your entrance to your house? Is it off of West Street?

Mary Downey stated, yes it is.

David Rosenbarger stated, you kept 50’ into this subdivision.

Mary Downey stated, I have a paper from the office. I’m paying taxes on 1.9 acres. It has never been changed as far as I know yet. I bought.

President Charles Anderson asked, what did you purchase off of the Saylers?

David Rosenbarger stated, .392 according to this.

Ann Sayler stated, how it got messed up is when she took it to her mortgage company, the mortgage company got it all messed up.

President Charles Anderson stated, but you sold her.

Ann Sayler stated, just that first lot.

President Charles Anderson stated, just the .392 acres, you sold her.

Ann Sayler stated, yes, just that first lot.

Mary Downey stated, I went back and I signed the paper, all I want is what I have coming to me in the first place. There were no covenants, no body told me I could only have one dog, most everybody has a dog outside and one inside. I mean that is ridiculous. No medal sheds on the property and I have a medal shed already on there.

President Charles Anderson stated, I don’t see how we can stick you with the covenants anyway.

Mary Downey stated, that is the only part I’m disagreeing with is the covenants.

President Charles Anderson stated, you would agree

Mary Downey stated, I don’t want anybody taking me.

President Charles Anderson stated, you would agree to the split the way it is if the covenants were not on there.

Mary Downey stated, yes, no I do not want to be a part of the covenants. That would have to be discussed with Mr. Sayler.

Ann Sayler stated, we don’t want that lot looking like, I mean the only reason we put the covenants in is because Diann said there had to be covenants for a subdivision. That is the first lot, and we reason we said that there was covenants is because the board said there had to be some kind of covenants so the Town of Idaville it didn’t look trashy and dumpy, and everything. We went by other covenants from other subdivisions. That is up to Jim he has the final say so.

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

Jim Sayler stated, I don’t care if she doesn’t want to be in the covenant, which is fine with me.

President Charles Anderson stated, I think it would be an easier way to do it.

David Rosenbarger stated, I would agree to that, but how did this piece of property get sold off without subdividing it.

Director Weaver stated, I can’t explain that, I don’t know.

Mary Downey stated, Mr. Milligan. He is the one who told us.

Jim Sayler stated, the deal was when we first bought the property there was a house already on the lot that she’s got. That was already zoned Residential.

David Rosenbarger stated, right.

Jim Sayler stated, the rest of it was zoned for agriculture.

David Rosenbarger stated, that .392 was already split off the rest of the lot.

Jim Sayler stated, yes. We came in here a year ago and had it rezoned for residential. Mary bought one lot and Mr. Milligan said we could put one house since it already had a house on it. So we did that.

David Rosenbarger stated, what I’m asking though is when that house was already there was it all of this or was it already divided off into one lot.

Jim Sayler stated, no.

President Charles Anderson stated, when you bought the property you got all of it.

Jim Sayler stated, yes, I bought the whole 4 acres. The house was already on an acre.

David Rosenbarger asked, how does that work Diann? I’m confused.

Attorney Altman stated, it looks like what happened is, rather than transferring to a Mrs. Downey. The 3.93 acres, they transferred the whole thing.

Jim Sayler stated, her mortgage company did that.

David Rosenbarger stated, they didn’t do that.

Attorney Altman stated, what ever the acres is, it was the whole property. In the file here, there is a deed back from her to Mr. Sayler and a deed setting here from Mr. Sayler to her for this first lot. It got them back to where they needed to be, apparently from some kind of error. I don’t think it was divided when Mrs. Downey got her ground. She got it all.

David Rosenbarger stated, that is what I’m getting at.

Attorney Altman stated, she got it all, the whole property.

David Rosenbarger stated, somewhere that lot has to be subdivided off, if she wants to be separate for anything period. It has to be subdivided for that lot.

Director Weaver stated, you are right.

David Rosenbarger stated, now she is saying she doesn’t want to be in the subdivision because she has already bought the lot, but she not, her lot is not right because it has never been subdivided.

Attorney Altman stated, she says she doesn’t want the restrictions.

Jay Clawson stated, she doesn’t care if we subdivide it, she just doesn’t want the restrictions.

Attorney Altman stated, actually you can, I’m not sure if we have the written papers here before us. You could make a subdivision and I don’t know of any reason why you couldn’t make a subdivision that would have separate covenants for different lots. You can do that, whether it is the right thing to do or not is up to you to decide. She could own lot 1 in the end with no covenants at all and all the rest have these covenants.

President Charles Anderson asked, what does the zoning ordinance say about that?

Director Weaver stated, the zoning ordinance does not require covenants.

Jim Sayler asked, what is she deeded now?

Director Weaver stated, she has the whole property now. What her deed says, I don’t know.

Mary Downey stated, we got it changed over and I’m paying for 1.9.

David Rosenbarger stated, 1.9.

Jim Sayler stated, she doesn’t have 1.9, it is just that one lot, it is not 1.9 acres.

Mary Downey stated, Jim that is what it says on the papers.

Jim Sayler stated, I know, but that is messed up somehow.

David Rosenbarger stated, no it doesn’t.

Dennis Sterrett stated, she has to have a least an acres

Jim Sayler stated, the lot is 120 deep and a 100’ wide. There is suppose to be 11 houses on the whole deal. She has the first one, so it will be 10 more.

President Charles Anderson stated, it was rezoned to R-2 not agriculture.

Jim Sayler stated, yes.

President Charles Anderson stated, they are trying to subdivide it, that is why they can get the smaller lots. At the time that she bought that she would have had to have at least an acre.

Greg Bossaer stated, what she has now legally says that she owns more.

President Charles Anderson stated, before we could subdivide that I think you would have to get that changed. I don’t know.

Director Weaver stated, the deeds are here.

President Charles Anderson stated, tell us how much she owns.

David Rosenbarger stated, the deed actually says that she owns .392 acres. 160’ x 106’.

Attorney Altman stated, no, it says that she owns the whole thing.

Jim Sayler stated, no we had that changed back over.

Director Weaver stated, the deed is deeding back everything that she owns now back to the Sayler’s. There is a second deed that deeds back to her the first lot with the legal description of Sayler Addition lot 1.

President Charles Anderson stated, okay everything is deeded back to you and lot 1 is deeded to her.

Jim Sayler asked, what does it say on lot 1?

Attorney Altman stated, it just says lot 1.

Several are talking at once.

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

Mike Kyburz stated, I’m Mike Kyburz. I live, my dad owns the property that would be to the North and the West. Of course I don’t like the idea of the subdivision at all. One question that I had is, they are showing the driveway on the south end of our property line. How far away does the driveway have to be? The driveway for the subdivision from our property line? Is there a setback on driveway?

Attorney Altman stated, I don’t know of anything, you are talking about the road which is going to be called Palamino Court, 50’. How far is it from your in and out?

President Charles Anderson stated, from the property line. It is right on the property line it looks like to me.

Attorney Altman stated, nothing that I know of.

Director Weaver stated, I’m not aware of anything.

Attorney Altman stated, I don’t think there is any in subdivision control ordinance.

David Rosenbarger stated, they could put a curb right on your property line.

Mike Kyburz stated, so the driveway would be right on my property line.

President Charles Anderson stated, no necessarily.

Director Weaver stated, the right-of-way would be there.

President Charles Anderson stated, the right-of-way would be there, the driveway isn’t going to be 50’ wide. I don’t think it will be.

Mike Kyburz stated, the size of the lots compared to all of the neighboring properties are awful small.

President Charles Anderson stated, they meet and comply with the ordinance.

Director Weaver stated, yes they do.

President Charles Anderson stated, is this going to be city water?

Mike Kyburz stated, there is no city water in Idaville.

President Charles Anderson stated, they will be on a sewer system though.

Mike Kyburz stated, so 11 wells on 4 acres there. All of the neighbors have.

President Charles Anderson stated, all of these lots would have to be tested whether they have a well.

Mike Kyburz stated, all of the neighbors have, still have shallow wells. The access road coming in on West Street is 12’ wide. With 11 more houses that is going to be roughly 22 more vehicles coming up and down a street that you have to pull over into somebody’s yard if you meet somebody the way it is now. With a dangerous railroad crossing right there at the beginning of West Street. I didn’t see a drainage plan with what he is going to do with surface water.

Director Weaver stated, the drainage doesn’t have to be done until the second hearing, so that may be something that they haven’t address yet.

Mike Kyburz stated, I guess that is all of the concerns that I had.

President Charles Anderson asked, does anyone else have any questions? Do the Commissioners have any more questions?

David Scott stated, you said it is to be on city sewers.

Director Weaver stated, that is what the report from Jim Milligan states.

David Rosenbarger stated, my biggest concern is lot 1.

Several answered yes.

David Rosenbarger stated, if we make the decision on that or let them work it out to a mutual agreement and come back.

Director Weaver stated, they are only here this evening for primary approval, they have to come back to a second meeting.

David Rosenbarger stated, I guess I would like to see them come back with a mutual agreement.

That one really bothers me.

President Charles Anderson stated, they have to come back any way. They could bring this back with them plus the secondary and that way everyone can see if the drainage is addressed.

Director Weaver asked, can we do both in the same meeting? It's a major subdivision.

Attorney Altman stated, a major subdivision is an awful hard thing to do. I don’t see any reason why we shouldn’t see that, the board can require that they see the drainage plan before they approval the primary.

Several are talking at once.

President Charles Anderson asked, who takes care of West St. anyway?

Mike Kyburz stated, it is a county highway.

President Charles Anderson stated, the county highway. It has a 40’ right-of-way on it. Is there enough room for a larger street through there?

Several are talking at once.

Ann Sayler stated, the houses are right up on the right-of-way of the road. Some of the people that were complaining about the right-of-way of the road if they take the right-of-way of the road clear up to where it is suppose to be it is going to cut off some of their front porch.

President Charles Anderson asked, do any of the commissioners have any more questions? Are there any motions from any of the Commissioners? Do the Commissioners want to see anymore information before we finish this and see if they can settle the problem over lot 1?

David Rosenbarger stated, I would like to see the lot 1 settled before we make a decision.

Attorney Altman asked, is that a motion?

David Rosenbarger stated, yes, I’ll make the motion.

Jay Clawson stated, I will second it

President Charles Anderson stated, how about bringing the drainage plan too.

Attorney Altman stated, is that apart of your motion?

David Rosenbarger stated, that will be a part of my motion also.

President Charles Anderson asked, do we have a second for this?

Greg Bossaer stated, I will second it.

President Charles Anderson stated, so moved this will be tabled until the next meeting. I don’t know, can they bring both of them.

Attorney Altman stated, they can bring it, but we can’t approve it.

President Charles Anderson stated, we can approve the primary, but not the secondary. You will have to wait until the next meeting. You will have to settle the problem with lot 1 before you come back.

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#299 William J. Misenheimer; Requesting approval of a 2 Lot subdivision to be known as Mize Subdivision on 0.160 of an acre, more or less. The property is located in the City of Monticello at 221 and 223 W. Broadway. Tabled from 9-13-04.

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

William Misenheimer stated, Bill Misenheimer.

President Charles Anderson asked, do the Commissioners have any questions? I think problem we were having was with parking on the lots and I think we got that address.

Director Weaver stated, I have the list here of what you were wanting. You wanted him to contact the building inspector to see if the building is in compliance. He has done that and you have a letter that I submitted to you regarding a conversation I had with the building inspector. What he has stated that the building if it is subdivided and he deeds off part of the land with the building then he does have to put in a two hour fire wall because of the two buildings. He has talked to Bill about this and he understands what needs to be done. He is willing to do so. He did go through a parking variance. He requested a parking variance and sign variance, setback variance, he has done that. Those were approved at last month’s BZA meeting. You asked for him to dedicate the parking for ingress/egress areas for both lots, which if you look at your plat there is a notation on there. The parking area and access drives are for the undivided use of both lot owners. You also asked for a dedication for the sign to be for both businesses. Also on the plat it does state that the existing signpost shall be for both to use. I do think that he has covered what you asked of him.

President Charles Anderson asked, do the Commissioners have any other questions for Bill? The only thing that we have to add to that is the firewall?

Director Weaver stated, yes, he understands this. We have discussed it and I have explained to him that he didn’t have to do that if the subdivision did not go through. He probably would have to have that done prior to recording the plat.

Bill Misenheimer stated, yes, Dave came over and went through it. There is a fire door and it is already a block building anyway. I think that Dave has it covered for me. Just waiting your approval.

President Charles Anderson stated, I say we go ahead a vote on the primary.

The Primary Approval Request for a 2 lot subdivision to be known as Mize Subdivision located in the City of Monticello, was approved by a vote of 8 to 0, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met.

Attorney Altman stated, this is approved with the following conditions. Those are subject to the firewall between the buildings and be furnished and inspected by the building Commissioners.

Director Weaver stated, I have not received a secondary plat, have you talked to Jim.

Bill Misenheimer stated, I called.

Director Weaver stated, I didn’t think to give him call today. I’ve not received it. We have discussed it and he knows he is to show the variance on it, he knows the variance was approved. I have not actually received the plat.

Jay Clawson stated, other than that change that is the only change that has to be done.

Director Weaver stated, yes.

Attorney Altman stated, and show the variance.

Several are talking at once.

Attorney Altman stated, you can mark that up, if the board sees that as being a minor matter and doesn’t have any questions on that.

President Charles Anderson stated, that is not going to change at all just the firewall.

Several are talking at once.

The Secondary Approval request for a subdivision to be known as Mize Subdivision located in the city of Monticello, was approved by a vote of 8 to 0, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met, primary approval has been granted and the Subdivision is in compliance.

Attorney Altman stated, the following conditions the fire wall must be installed and inspected by the building inspector, the variance listed before the final plat is signed.

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#300 Ralph L. & Nancy L. Walker; Requesting approval of a 2 Lot subdivision to be known as Walker Subdivision on 1.103. The property is located South of Lowe’s Bridge at 4372 E. 400 N.

President Charles Anderson asked, and you are?

Ralph Walker stated, I’m Ralph Walker.

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

This is just for the primary, we do not have the drainage for the secondary. Are there any questions? Anyone in the audience have any questions?

Director Weaver stated, there are some pictures in the file that Mr. Walker brought into the office. There were too many for us to copy and send to the board. They go along with his letter from the fire department.

Ralph Walker stated, you are heading down to Stevenson’s Point.

Jay Clawson asked, what is the little access road.

Ralph Walker stated, Kell Kade Park. My wife and I bought this cottage in 1983 and we would like to retire here, so we are asking for subdivision so that we can build a retirement home for ourselves. This is lake front property and there is about 1.1 acre all total. We enjoy the church that we attend and the activities here and everything. That has been our goal since we bought this property is to really retire here up on the lake.

Attorney Altman stated, obviously the pumps that is located in the area where proposed lot 1 is, is outside the setback lines for the proposed lot 1 and would not be able to be reconstructed if it were damaged more than 50%. What is the size of the ingress/egress to the 20’ access easement. I don’t see that noted on there.

David Rosenbarger stated, 15’, you mean from their lot line over to the 20’.

Attorney Altman stated, yes.

David Rosenbarger stated, it is 15’ wide. According to the, it is over on the left-hand side.

Attorney Altman stated, I thought that too, but I wasn’t sure that.

Director Weaver stated, actually their property, they have to go across the SFLECC property to get to that access easement.

David Rosenbarger stated, right, but he has approval or a conditional.

Director Weaver stated, yes, well we didn’t get approval but there is a letter from the SFLECC.

Attorney Altman stated, I note that they are here.

David Rosenbarger asked, so how do you get there now?

Ralph Walker stated, we have always gone across their property. A cottage was built back in the 1930’s and that has always been a triangle that is out, not close to the water, it is just out in the middle of this area. There is a driveway that comes in and then it is a U or a horseshoe and it comes back up at the top of the hill it adjoins the original driveway again. It comes up on the back of one piece of property triangles into ours and triangles back out to this road. It has always been that way. I think it has been that way since the 1930’s or so. This was one of the first cottages that was built in that area.

Attorney Altman stated, from the legal access in other words what I mean is what do you own in your name. Is it only 15’?

Ralph Walker stated, no, well yes, there is 15’ there. There is a driveway that is 15’.

Attorney Altman stated, okay that is what I thought. That is the way it was.

Ralph Walker stated, there is actually, clear through there with the triangle, there is like 40’ or 45’, but actual driveway is 15’.

Charles Mellon stated, the fire chief in Liberty township I read that piece in the paper where they approved, they could get their equipment in and out of there.

President Charles Anderson asked, does anyone have any questions about that road?

Attorney Altman asked, is this going to be on the sewer system?

Ralph Walker stated, yes. Also I have permission depending upon when the sewer comes in, which they have the lines laid out and everything from the Health Department to tie it in if it was going to be a year or so to the current septic system. There should be a letter.

Attorney Altman stated, right.

Ralph Walker stated, but the intent would be that hopefully the sewage will come in about the same time. Just do it all at once. It looks like it will. The pipes and everything are laying out there by the road.

There is discussion among the board members.

Attorney Altman asked, how is lot 2 going to get out?

Ralph Walker stated, lot 2 would go across the land owned by SFLECC.

Attorney Altman stated, you don’t have noted on here where or how.

Ralph Walker stated, where you see that 15’ driveway.

Attorney Altman stated, yes, okay.

Ralph Walker stated, if you go 30’ on over to it would be the South. There is another 30’ there and that would be the access into lot 2.

President Charles Anderson asked, is it that little squiggly mark here?

Mr. Walker is currently going over the plat with the board members.

David Rosenbarger asked, where is the property line at on lot 2?

Ralph Walker stated, the property line on lot 2 is all of this.

Mr. Walker is showing Dave Rosenbarger where the property lines are on the plat.

David Rosenbarger asked, what about adding additional to this 15’, just move it down another 15’ and having one driveway.

President Charles Anderson stated, yes, but you will still be on or coming across SFLECC right-of-way.

David Rosenbarger stated, I understand that, but it gives a little bit wider lane.

President Charles Anderson stated, if you change this.

David Rosenbarger stated, you can come in anywhere from here back you could go South or what ever that direction is.

Ralph Walker stated, there is down here, this is how we use to come in, it is all grass. We had never put anything down really for that to drive across it.

David Rosenbarger asked, is there already a lane here?

Ralph Walker stated, yes, I put a lane there so I could subdivide it. Then they would have their own drive.

David Rosenbarger asked, how are they going in now? There is not a lane there now?

Ralph Walker stated, yes there is a lane. I put that in this summer.

Looking at the plat again. Discussing the lane, where it is on the plat.

Attorney Altman stated, I have real problem with the subdivision. It doesn’t dedicate any real access for lot 2 to get off of lot 2.

Greg Vogel stated, isn’t that letter from SFLECC does. It allows for both lots to go over it.

David Rosenbarger stated, there are no conditions. What are the conditions?

President Charles Anderson stated, request pending review of accepts of easement documents.

Attorney Altman stated, the plat doesn’t show any way lot 2 is allowed off of lot 2. I guess what would be very helpful is if that was drawn up and approved specifically by the SFLECC since that is the way their letter is very nevertheless of what they might or might not approve. From what I see with the pictures, the pictures do not show any way that lot 2 is ingress/egress at all. They would be ingress/egress across property owned by lot 1.

Greg Vogel stated, so more or less you just need SFLECC approval for both lots.

President Charles Anderson stated, it needs to show on the plat.

Attorney Altman stated, it needs to be drawn on the plat.

Greg Vogel stated, okay so Jim should have put it on both, he should have put two accesses on here.

Attorney Altman stated, or at least one for sure.

President Charles Anderson stated, that is not the only problem. We only got a 20’ access back to the property even on the private drive coming back to it.

Greg Vogel stated, that is why he brought the picture and did the research with the fire engine. I think you will see by the pictures that there is plenty of room for it to get back there.

David Rosenbarger stated, the other part, you need to show, you’ve got an access road showing on the plat for lot 1. There is none showing for lot 2.

Greg Vogel stated, I think that might have been an over sight.

David Rosenbarger stated, that needs to be on there, and then we need something from SFLECC stating both of those. The road on lot 1 is going across part of the easement. It would need to state it for both lots.

Greg Vogel stated, okay.

Attorney Altman stated, it would be ever so much more convenient if it was unified and used by both lots.

Greg Vogel asked, can we get a conditional approval tonight and we will have that done?

Attorney Altman stated, no.

Greg Vogel stated, we can’t.

Attorney Altman stated, I mean SFLECC.

Greg Vogel stated, I mean Joe is right here, I think he would be able to talk to you.

Joe Roach stated, I just wanted to clarify if you had any questions. The letter we sent was the best we could do right on the moment because we have not received an easement document that spells anything out. That is the best I can get out from my board. We agreed with it in principle. The have access all of these years, why stop. Our concerns in not only adequate for the two lots, but there is a third lot that we need to get across there and may as well do it all at the same document and make everything legal. At the moment, we have not received that particular document.

President Charles Anderson asked, do any of the other Commissioners have any questions about the easements or access?

Attorney Altman stated, I think Mr. Roach that was exactly what my concern was. Not so much that it not be okay, but it is not shown on the plat that it is. That is what we need for you to approve.

President Charles Anderson asked, Jay do you have any questions about this?

Jay Clawson stated, yes, we are looking to see, Jim didn’t put any utility easement on this. Where NIPSCO has got to go across.

Director Weaver stated, I’m aware of that. I have requested that information, but I didn’t receive it.

Jay Clawson stated, if you are coming back make sure that is all on there.

Attorney Altman stated, obviously that would include the sewer line, which I know that is coming. We understand that, we just want to make sure that it shows. Also with that third lot you mentioned Mr. Roach that needs to be on there too. That third lot to have recognized ingress/egress on this plat.

President Charles Anderson asked, how many people access through that access easement? How many houses are back in there?

Ralph Walker stated, there is really just two. There is ours and right to the West of our property line there is another cottage that sets right there.

Attorney Altman stated, so that would be a total of 3.

Ralph Walker stated, it would be three with the new house.

Several are talking at once.

Ralph Walker stated, there would be 6. One on the East side and two on the West side. There is one at the top of the horseshoe and one back out, it sets on the road going down to Stevenson’s Point.

Attorney Altman stated, just as a thought, the area the triangle here, just right South of where it says 90 degrees, 00 West the bottom one. It looks like to me that it would be an awful nice place to put a cul-de-sac in there to allow fire trucks and that sort of thing to turn around in. It looks like it is nearly worthless from the view of you using it to build on that track. Just as a thought. Do you see what I’m saying. You’ve got a dead end there.

Greg Vogel stated, you don’t have a dead end, it is a U.

Ralph Walker stated, it is a u, it comes back up. It is a horseshoe.

President Charles Anderson stated, it comes back up.

Attorney Altman stated, well this is a dead end back here.

Greg Vogel stated, it most certainly is not.

Attorney Altman stated, to these two lots.

Greg Vogel stated, no it is a U. It just doesn’t show that on the survey, it has two accesses on 400 N.

Attorney Altman stated, then that needs to be shown on the survey, the other access. It would certainly help a lot to see that on the survey.

Several are talking at once.

Jay Clawson is going over the plat with Attorney Altman and Greg Vogel and explaining where the u is located.

President Charles Anderson asked, that is all private drive coming back in there? It is not a county road.

Ralph Walker stated, right, we take care of it by approval by all of the property owners there.

President Charles Anderson stated, really with this plat, I don’t think we can go ahead with this primary plat.

David Scott asked, is there going to be a house built on there?

Ralph Walker stated, we are building a retirement home. The current cottage is only 900’.

David Scott stated, the 100 year flood is 652’ and it looks like a big portion of that lot is in the 100 year flood, is that correct.

Greg Bossaer stated, that looks like it to me.

David Scott stated, wouldn’t they have to have a wood structure 1’ out of the 100-year flood.

Ralph Walker stated, right.

Director Weaver stated, it is 2’. We require it to be 2’ above flood elevation.

David Scott stated, this is just for your knowledge.

Ralph Walker stated, right, Buck Stevenson if we get approved is going to build the home for us. We have talked about that.

Attorney Altman stated, I think that is a good thing to put on the plat. You are going to redo it so just put it on there.

Greg Vogel asked, can we get something in writing from the board stating the things that we need?

President Charles Anderson stated, yes.

Ralph Walker stated, we have drainage, we have already paid the $250 to the Drainage Board here. Hopefully we are getting that accomplished so maybe if we could get these other things accomplished and come back.

President Charles Anderson stated, you can bring them both back to the next meeting.

David Rosenbarger asked, are the utility easements on there?

Director Weaver stated, I still have concerns.

President Charles Anderson asked, what is that?

Director Weaver stated, we only have 20’ access easement and the ordinance does state that we need the 50’ road right-of-way. That is the very first thing I talked to Mr. Walker about. We have had some situations in the past.

Ralph Walker stated, we would just request an exception for this due to the fact that if that is for the fire trucks, a fire truck can easily get down that.

Greg Vogel asked, what concerns you the most about that Diann?

Attorney Altman stated, we have voted them down.

Director Weaver stated, because the ordinance requires it.

Attorney Altman stated, we have denied subdivisions based on that. What we effectively say is that the ordinance requires that and when you provide that we will grant the subdivision. I just tell you, it isn’t like we are picking on this one. We denied and because of that condition being impossible to meet in some subdivisions. I just tell you Mr. Walker and the people that are here we are not picking on you, we have just done it before.

Ralph Walker stated, right, we realize we are requesting an exception for us for this issue.

Attorney Altman stated, I don’t have any good thoughts and never have had any good thoughts on that. It would be awful good for every body if that 20’ access easement were expanded. I realize that it is about 500’ but it would be a wonderful thing back there is they got it expanded enough to have county acceptance so you can get a snow plow back there.

Ralph Walker stated, that is not possible, there are two garages that set right next to that road going in on the left and a house that is on the other side, you couldn’t get 50’ between them, so that is not a possibility.

Attorney Altman stated, all right, I just want to caution you that is something the board has done in the past.

Ralph Walker stated, I would understand that, I deal with boards and precedences and things in my business. We try to take things case by case and I would just ask that an exception made to this or we be grandfathered or something.

President Charles Anderson stated, you are grandfathered with the house you have back there. When you start adding things the grandfather goes away.

Attorney Altman stated, I just want to caution you that will be on the list.

President Charles Anderson asked, do any of the other Commissioners want to speak about that?

Attorney Altman asked, is there anything else you want on this list? We need to be fair, we have to give him the full list.

President Charles Anderson asked, does anyone else want to discuss the 20’ easement.

Dennis Sterrett stated, there isn’t much to do about a 20’ access.

Attorney Altman stated, well if you can’t get 50’, you could get 40’. That would make a big difference as to whether you do or don’t give it. I don’t know if 40’ is possible.

President Charles Anderson stated, he needs to know before he leaves here about the 20’ access easement to the property. If we are going to decide now that he can’t do it, like we have in the past there isn’t any sense to go through the rest of it.

David Rosenbarger asked, how many more lots are available in that area?

Jay Clawson stated, none.

David Rosenbarger stated, well we didn’t think so here either.

David Scott stated, it is land locked.

Several are talking at once.

Ralph Walker stated, they are all filled in.

Attorney Altman stated, the best I can tell you is you look at the staff report and it shows the structures that are in the area.

Several are talking at once.

President Charles Anderson asked, I’m going to try to get a census from the 8 board members that are here if we are going to require the 50’ right-of-way into a new subdivision like this.

David Rosenbarger stated, I was just looking here and my concern is what is the potential of more homes in that area off of that 20’. There doesn’t seem to be to many options left. If there is a chance of putting in another 10 lots subdivision through out that whole section. Then I have a problem. I’m not familiar enough with the area to know if there is that kind of land left out there.

Ralph Walker stated, it is full, this would be the last.

David Rosenbarger stated, well I see that, you are going down from .3 to .8. Two lots there and that .8 is a pretty good chunk of...

Dennis Sterrett stated, he could probably do something with the end side of the driveway.

Greg Vogel stated, well what they’ve got is several of the members there I don’t think it is called ???, it is an association where there are 12 homes that they, they are not on the water, but how many slots are there Ralph about 8 slips.

Ralph Walker stated, yes, 8 of the homes are in the bay and our property is in the bay plus it comes out on the main lake. We are not really an association or anything, we are good friends and neighbors and take time to seal the road. We put a pot together and sealed the road and that type of thing. There isn’t any association. There isn’t any more land to build on. This would be the only addition that will ever happen if you allow the exception.

Attorney Altman stated, saying that doesn’t make it so. I agree with you, but I have been on the board and the BZA and seen people try to put some awful small stuff on.

Greg Bossaer stated, Jerry I think that it is important that we are consistent and I know that is where you are coming from. I think we need to look at this reasonably too. If we let it go through I wouldn’t want people to come back and say well a precedent has already been set because you allowed that one to go through.

Attorney Altman stated, that is the problem.

Dennis Sterrett stated, besides the other ones we have shot down.

Director Weaver stated, exactly.

Greg Bossaer stated, there again I know the other side, you are looking at one lot.

Greg Vogel asked, have you make exceptions in the past?

Attorney Altman stated, no.

Jay Clawson stated, no.

President Charles Anderson stated, we have tried not to in the past several years.

Attorney Altman stated, we effective said if you get it, we will approve your subdivision, but because we can not.

President Charles Anderson stated, he could put a 50’ on the subdivision.

Jay Clawson stated, we have done that, we had roads going back 20’ to 30’ and put the 50’ on the road.

Several are talking at once.

Jay Clawson stated, they need not only a drive but a utility easement back to this lot anyway, so part of that is going to have to be widened out here anyway because of NIPSCO.

Attorney Altman stated, I believe so, but this is the 20’ that they are worried about.

President Charles Anderson stated, that is not a par to the subdivision.

Jay Clawson stated, we have to worry about the subdivision. We can’t do anything about that 20’ easement.

Attorney Altman stated, I agree.

Jay Clawson stated, the road like always we need the easement so that road can be.

David Rosenbarger stated, to be 10’ or 12’.

Attorney Altman stated, the actual surface.

David Rosenbarger stated, where do you have your 15’ driveway into lot 1, if you go to that North line and come down a total of 50’ and make that a right-of-way into both lots.

President Charles Anderson stated, SFLECC would have to agree with that.

David Rosenbarger stated, the road doesn’t have to be 50’ wide, but if you put a 50’ wide easement or whether you stop somewhere here in the middle of lot 2 where your driveway would come down and then continue on.

Ralph Walker stated, we could do that I mean there is 50’ there, if there wasn’t I sure my neighbor would even give me some land because we gave him them land on our property just so he could have a patio.

Jay Clawson stated, actually your drive doesn’t have to go on to your neighbors if he gave you another 10’ to put on his thing that it was an easement. That would be sufficient. You don’t have to encroach on his property, it would just be an easement to allow that subdivision to be in compliance.

President Charles Anderson stated, we will need that for the next meeting.

Greg Vogel stated, so you are saying as long as when he gets to his lot 1 and 2 there is a 50’ access.

David Rosenbarger stated, coming off of the 20’.

Greg Vogel stated, coming off of the 20’.

Jay Clawson stated, if the paper would give him 15’, he is wanting to stay up the hill as much as possible to keep away from being on the lake.

Ralph Walker stated, right.

Jay Clawson stated, that would help you out and then it would bring everything into compliance.

Ralph Walker stated, we could do that. That is really no problem as long as we can get the easement from you folks we can make it 50’.

David Rosenbarger stated, then it would be in compliance with the subdivision.

Ralph Walker stated, I want to thank you for your time and we will work on this list.

****

#301 Mark & Joyce Martin; Requesting primary approval of a 5 Lot subdivision to be known as The Lone Coyote on 3.002. The property is located North of Monticello on the Southeast corner of County Road 400 N. and Lake Road 26 E.

President Charles Anderson asked, please state your name?

Joyce Martin stated, I’m Joyce Martin.

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

Jay Clawson stated, I do. On the roads, we have the same thing here with Lake Rd 26 East. Being divided do we, or do they have to, and it is serving lots 3 and 4. Does that have to be widened up to be considered with the 50’ easement in there?

Attorney Altman stated, the 22.9. Are you talking about.

Jay Clawson stated, no between 2 and Lake Rd 26 E. Right here, see that is a 25’ public road and it serves lots 3 and 4. That would have to be widened out there. That only serves one lot.

Attorney Altman stated, yes.

President Charles Anderson stated, he has a road back on the...

David Rosenbarger stated, yes, but it is still a part of the subdivision.

Jay Clawson stated, yes, but you can’t use that access.

David Rosenbarger stated, yes, but it is only 40’.

Jay Clawson stated, yes, I know.

David Rosenbarger stated, that is like that to.

Jay Clawson stated, well I mean that front is a different road.

David Rosenbarger stated, that is not an existing.

President Charles Anderson stated, so we have a 30’.

Jay Clawson stated, well this isn’t subdivided.

David Rosenbarger stated, oh okay, I see what you are saying.

Jay Clawson stated, see this at one time

President Charles Anderson asked, what did you say Jay, I can’t hear you.

Jay Clawson stated, the 25’ public road, it must be a 25’ easement back on lots 1 and 2 are subject to that because they are no county road 400. That has plenty of. The other two like we are asking Mr. Walker does it need to be, since you are subdividing that property, 50’ for utilities and the road back there.

Attorney Altman stated, yes.

Jay Clawson stated, through that subdivision, which would have to extend all of the way.

President Charles Anderson stated, so he would have to dedicate more road property to make the 50’.

Jay Clawson stated, to make the 50’.

President Charles Anderson stated, which would still give them plenty of room to put.

Charles Mellon stated, that is 35’.

Jay Clawson stated, yes, you need another 15’.

Attorney Altman stated, R-2 they would still have.

President Charles Anderson stated, they are R-2.

Attorney Altman stated, there would still be plenty of room to do that, right Diann.

Director Weaver stated, I would think so.

Attorney Altman stated, the other thing is, you ought to note lot 1 comes ingress/egress off of Lake Road 26E, so it is one less lot going on to the county road.

Joyce Martin stated, okay.

Attorney Altman stated, the other thing is, as I understand lot 5 is being constructed the way it is because it is going to be added to Mr. Whitaker’s ground.

Joyce Martin stated, it is going to be separate, but yes they are going to purchase it.

Attorney Altman stated, okay. Wouldn’t hurt that you noted that, so that someone doesn’t think that they are able to get in and out on a 22.9 ingress/egress. Okay.

Joyce Martin stated, yes.

??? stated, they still have that other road there.

Attorney Altman stated, they do, but I’ve seen people try to go skinny through there and that is what I’m worried about. Since this is intended to go the other way, you my as well put it down.

Joyce Martin stated, yes, okay.

Jay Clawson stated, yes because I would hate to see three drives what less than 300’ because if you block lot 1 and access only off of Lake Road 26E then you only have one extra outlet and that would be lot 2 going out on to 400.

Joyce Martin stated, yes.

Attorney Altman stated, that improves.

Jay Clawson stated, especially with that photograph that you have there with that going down. Three driveways going down it would just be a terrible design. To many people trying to get in and out accidents and stuff. Especially as fast as some people come from the West there heading East.

President Charles Anderson asked, so what do you want done then?

Attorney Altman stated, okay the dedication of lot 5 to the Whitaker tract. Lot 1 the ingress/egress only off of Lake Road 26E, the ground to be added to 26 E to make it 50’ right-of-way.

Dennis Sterrett asked, 50’?

Attorney Altman stated, that is what it says, right.

David Rosenbarger asked, is that a 25’ road or 25’ right-of-way?

Attorney Altman stated, it says public roadway.

Jay Clawson stated, it is probably a 25’ easement.

Attorney Altman stated, I’m sure the road is not that wide. That would expand it, in other words we are not saying you have to have the road that wide, the easement has to be that wide.

Joyce Martin stated, I understand.

Mark Martin stated, that knocks lot 1 down to 95’.

Attorney Altman stated, yes it would.

President Charles Anderson stated, yes it would.

Greg Bossaer asked, this is all public sewers

Attorney Altman stated, as I understand it is all public sewers.

Joyce Martin stated, yes each lot is going to have sewer.

Attorney Altman stated, it is a good point to bring up Greg.

Greg Bossaer stated, well in this, it just says that they are coming soon, but.

Joyce Martin stated, we’ve already committed to it, we are already paying on it.

Director Weaver stated, they are installing lines out there.

Joyce Martin stated, they are doing it now.

Jay Clawson stated, the last few weeks they have been boring all the way up and down 400.

President Charles Anderson stated, so we need that changed before we can.

Attorney Altman stated, then you said.

Director Weaver stated, this is only primary tonight.

Attorney Altman stated, so that they get that back to us to approve it.

President Charles Anderson stated, you can do that and the secondary bring it back to us and we can do both. Are we going to do the primary tonight with conditions.

Attorney Altman stated, I think we better see it first. I really do.

President Charles Anderson asked, do you understand what we are asking?

Joyce Martin stated, no, not really. I understand what you are saying what we need to have, yes. Are you saying that you need to see that before we can go through this first primary part?

President Charles Anderson stated, yes, the primary part.

Joyce Martin stated, so we have to be delayed a month.

President Charles Anderson stated, you were going to be delayed anyway because you have to do a secondary.

Joyce Martin stated, then do secondary and then do primary again in December and then do secondary in January.

President Charles Anderson stated, no I think if.

Attorney Altman stated, yes, I think so.

Joyce Martin stated, okay that is based on what, that we have to delay this. What is it that you need to see that delays it a month that we can’t do this primary today.

President Charles Anderson stated, we have to see this on the plat for one thing.

Attorney Altman stated, we need to see it on the plat to make sure that it fits in.

Joyce Martin asked, we can’t just do that on the secondary approval?

Attorney Altman stated, no ma’am.

Joyce Martin stated, okay.

Attorney Altman stated, please don’t, I don’t think that you want denied. There is too much to chance.

Joyce Martin stated, okay.

President Charles Anderson asked, anything else that the Commissioners want to add to this?

Attorney Altman stated, they’ve got all of the easements for the utility and all.

Jay Clawson stated, yes. They are expanding that 25’. Like we say, the people, you are dedicating lot 5 to, the Whitaker's, because that is going with that.

Shirley Erickson stated, I’m Shirley Erickson. I live on 2.5 and I live on the down side of the hill part of this land up there. Okay, Whitaker is, there are trees and things there and I live right across where I imagine it would be 500. Where the 2 is and the round mark. I live on the down side part there, that is only a 13’ driveway through there, the easement back to our side lot. There are 5 houses back there. He cleaned these off and that left them all open the snow comes down and he was talking about putting dirt in there and making his drive right through there across from mine. Technically I was always told that the driveway here is for Keene's Creek, the houses on the left-hand side only. Even though it has 40’ here, there is only about 13’ of driveway gravel and the rest is damn with a little bit of a slope to catch the water off of the hill. I asked, him if he would please not put a driveway across from mine. He said not yet. Is there anyway, I have lived for 30 years and I’m glad to see someone bought that land because if was just dead land, I just don’t want a driveway across from mine because it all runs down hill into my garage if he puts gravel. We have had problems on 2.5 trying to get out where somebody has already went ahead before we can do anything about it and put a driveway in. When he put the gravel up there it washes right down on our road and I paid to have it blacked topped. If he would like to help in on it too, but he said no I’m not using it. He does use it all of the time.

President Charles Anderson asked, what piece of property are you talking about? The Whitaker piece up here in the corner?

Shirley Erickson stated, lot 5.

President Charles Anderson stated, the lot 5.

Shirley Erickson stated, the 5 lot. He said he was going to put a road in, then he said he is not, then he says he is.

President Charles Anderson asked, where is he going to put the road in from?

David Rosenbarger stated, 2.5.

Director Weaver stated, if you look at your pictures, at the bottom right hand corner, that is the picture of the road that she is talking about.

David Rosenbarger asked, did someone say earlier about no entrance on lot 5 since it was going with Whitaker?

Attorney Altman stated, that is right.

David Rosenbarger stated, I think that is being over looked.

Jay Clawson stated, well this is not going to be able.

President Charles Anderson asked, where does he access his property now?

Shirley Erickson stated, off of 2.5 on a little curve off of the hill to his driveway.

Mark Martin stated, there are actually two driveways there side by side. The 2.5 that Shirley paved and right be side that is the driveway I believe on Whitaker’s property.

Shirley Erickson stated, it is.

Mark Martin stated, whether he should be using it or whatever, there is actually the paved part and then the gravel.

President Charles Anderson asked, who maintains 2.5 out there?

Shirley Erickson stated, the 5 people on Keen Creek.

Charles Mellon stated, those are just cottages.

Shirley Erickson stated, there are two people who live there year around, my neighbor and myself. We maintain it and they help in on it.

David Rosenbarger asked, so lot 5 is being subdivided to be sold off as a building lot?

Joyce Martin stated, I don’t think they really know what they are going to do with it.

Shirley Erickson stated, that is just it, you get to many, he said he was going to put the drive up by there across from my and then he says he is not. They did go down and look for some modulars.

Joyce Martin asked, did they?

Shirley Erickson stated, yes, but not until next spring.

Joyce Martin stated, I don’t know exactly what their intentions are.

Charles Mellon stated, that drive right East of Marvin Whitaker’s house goes South up to some cottages back there. There are some houses back in there, small cottages.

Shirley Erickson stated, no, there are only 5 houses on 2.5. It only goes back to a dead end. There are Knights, Abshires, Jacobsma, myself, and Shields from Chicago.

Charles Mellon stated, well I know where Whitaker is. He does have two drives.

Shirley Erickson stated, he made a drive and when he goes to get out cars come over that hill so fast even from where I’m at you have to take your time. That is all there is to it. He doesn’t have the property thing down on the county road and make it easy to get off. When like I said when it rains he goes and buys gravel. When it rains it washes down and kept washing the drive out until my son and I decided to go ahead and get a hold of someone and have it black topped. So now I asked him if he wanted to go in on it and he said no he doesn’t use it, but now he doesn’t use his drive because he has better access.

David Rosenbarger asked, does 2.5 dead end?

Shirley Erickson stated, yes.

David Rosenbarger stated, according to this it meets up with 2.6.

Mark Martin stated, that is a good questions whether 2.5 dead ends or not. The people that live at the end have a cable across there. All of the utilities go through there and I think,

Charles Mellon stated, that is not a county road then. Most of those drives are on Whitaker’s property.

Shirley Erickson stated, no the one, one is on Whitaker’s property, the little one.

Charles Mellon stated, they aren’t very far apart.

Shirley Erickson stated, no.

Attorney Altman stated, they would need another 10’ of it.

Jay Clawson stated, just for that little thing, easement 10’ here and then they are in compliance.

Shirley Erickson stated, now what he does right now, when he brings his truck and camper in to turn it around, what he works for. He gets different size campers. He can go up his drive and turn around and come right back down it. There would be no problem if he would just extended his road on up. If he puts it across from my drive come winter time the snow is deep and I park my truck up there and he would be coming down there and hitting the front end of my truck all of the time. Like I said it is only 13’ wide there.

Charles Mellon stated, your drive is right across from one of his drives.

Shirley Erickson stated, no, what he wants to make. My will be right across from where he wants to make one. If he goes through with it, I want to stop it before it does.

David Rosenbarger stated, lot 5 is going to need another 10’ easement.

Jay Clawson stated, that needs to be stated on lot 5.

David Rosenbarger stated, because 2.5 is only 40’.

Jay Clawson stated, 40’ right-of-way.

Shirley Erickson stated, a right-of-way, but only 1 car going up and one car going down. If you are coming down I have to wait for you to get out.

David Rosenbarger stated, right, but the subdivision ordinance states it has to be a 50’ right-of-way for a road.

Shirley Erickson stated, I heard it was 40’ before the county can maintain it.

Attorney Altman stated, it is 50’.

Jay Clawson stated, you don’t have to expand it, if they want to make a bigger road back in there off of 2.5, that is the whole thing on yours. You can still get by with your 25’ road, if there is any improvements that needs to be done, then they don’t have to come in and take property from you and the houses then all be out of compliance.

Mark Martin stated, if this is an age limit from when it was like cause we are in Bettington Bay which is actually the 26 road go on around the curve and that is where we live right there.

President Charles Anderson stated, getting back to the subdivision, we do need to add 10’ on to that and as far as what he does with it, if he buys that property off of you afterwards we don’t really have any jurisdiction with what he does with it or whether.

David Rosenbarger stated, so we have to make sure that it complies with the subdivision.

President Charles Anderson stated, we have to make sure it complies with the subdivision ordinance and as long as it meets all of the standards of the subdivision ordinance we can’t deny it.

Greg Bossaer stated, actually you can sell that to him with out making it a lot.

Joyce Martin stated, he doesn’t want that. That was our first indication. Really our intentions to sell it to them, we were thinking that they wanted to put a home on it or anything else. Basically just to, they live there and it was either side and it was such an odd thing, it evened our property out and just because they were there, they could have it kind of.

Mark Martin stated, if you look at the way the lot the whole of the lot is, there was a piece of property sold back in the lake property that is actually the well and that is what we were talking about whether 25 goes through or not. There are railroads on the other side of the road if the road is there. So it would have been on property that they didn’t own. So when they sold the lake house, they sold a half-acre lot which then they couldn’t sell because it wasn’t an acres lot, so they expanded it to an acres lot which left the 3.02. We then purchased it, when I went down and talked to Mr. Whitaker about this, his intention was to build a pole barn because he does deliver those campers or whatever. He wanted to make his lot bigger and wanted to do it for a storage building for a workshop. If they are looking at houses now or whatever, now that is something. We did go when the opportunity was there, when it was announced that if you wanted to add a sewer pump to each one of the lots because we did not have any kind of deal at that time. We stepped in then and said yes, put a stake in each one of these 5 lots. We will pay the $25.00 that way and we could take it away. That was something we actually when we got and was talking to Whitaker's they didn’t want a sewer. Joyce called them and said don’t put one there just go to 4 for the 4 lots along 26, which was fine. Then they called back like that night and said, oh we have changed our minds now we are thinking of doing something else. He would want a bathroom in the pole barn. We ended up calling them back again and requested that they put it back I the plans. The way they have it staked right now the two front lots on 400 would share a grinder and the two back lots on 26 would share a grinder. Then there is an individual over there. There is also an acre there that is the triangle piece that runs along the 25 road that belongs to some people, Bozo from Chicago. They’re going to end up with the same thing. Their plan is to do something in the future to build a house on that pie shape piece which is the backside. It is going to be the same issue.

David Rosenbarger stated, doesn’t lot 5 also have to state that there will be no ingress/egress off of 400.

Attorney Altman stated, that is right.

Jay Clawson stated, yes, we stated that earlier. The only lot that will have access off of 400 directly is lot 2.

Attorney Altman stated, lot 5 is not to be built on, an independent lot other than part of Mr. Whitaker’s property not ingress/egress off of 400.

David Rosenbarger stated, right, okay.

Joyce Martin stated, but it will be a lot itself, it won’t be attached to his property.

David Rosenbarger stated, right.

Attorney Altman stated, he must be very careful with what he does with it. It is limited, very limited.

Joyce Martin stated, he wouldn’t do, he would have to go through the Area Plan to get a building permit anyway.

Attorney Altman stated, that is right.

Joyce Martin stated, I mean at that point then area plan would tell him he can or can not do this or that.

Attorney Altman asked, is there anything else? Can I have the ballots back?

****

President Charles Anderson stated, all we have left is the business part of the meeting. You can stay for the business if you want to or you can leave. Next on the agenda is Business.

Director Weaver stated, yes, we have an appeal, you should have received this separate from your regular packet. You have pictures of the property and you have my report with what has transpired with the property. I did go by the property this evening and there are still dumpsters and vehicles on the property.

Attorney Altman asked, is Mr. VanWeelden here?

Jeff VanWeelden stated, yes.

Director Weaver stated, I think it is pretty self-explanatory if you look through what I have sent to you.

Jeff VanWeelden stated, I’m Jeff VanWeelden.

President Charles Anderson asked, on your appeal what are you?

Jeff VanWeelden stated, my appeal is that I was using that strictly for storage and I’m not running a business off of there. I have pulled off any vehicle that may come off of or run off of that lot, they all run don’t get me wrong. Any vehicle that I may possibly at all use, I have removed from that property and placed over on the I-2 proper-zoned property. I strictly put that in as parking as a storage lot. It is in the Official Schedule of Uses that under parking facility a lot is A-1 being compatible for parking lot or facility. I understood that I can not run a business off of an A-1 zoned piece of property. That is not what I’m doing. I run it off of an I-2 which is properly zoned. I was never informed that I was out of compliance or anything of the matter. I just one day got a letter.

President Charles Anderson stated, you mean before you got the fine.

Jeff VanWeelden stated, before I got the stop.

President Charles Anderson stated, before you got the fine.

Jeff VanWeelden stated, I was never notified, and nothing was ever said.

President Charles Anderson stated, other than the notice you got that you were being fined for being out of compliance.

Jeff VanWeelden stated, that was the first knowledge I had heard that there was a problem. When I original got this fine in the mail. I went and started looking at and I called immediately to ask and this took me by surprise that I got this fine. I did not believe I did not know I was out of compliance with the zoning. I called to ask about what I need to do, it says that A-1 can have parking facility and when I called they told me and I said can A-1 be used as a parking facility and they said yes. I’m out of compliance because of, and they said because there are trucks on the property. I said farms and what not are zoned A-1 that part is diesel trucks, diesel trucks parked that our also zoned A-1. The response was we make exceptions for some people and I asked how you know where is the line at for what trucks can be parked at that property and what trucks can not be parked at that property.

Attorney Altman stated, the line is agriculture, if it is used in farming it is not an exception. They would be part of an allowed use for the subdivision or the zoning ordinance. It is not making any exception. This is what the zoning allows.

President Charles Anderson stated, agriculture vehicles.

Attorney Altman stated, they are allowed there. If your vehicles where agriculture vehicles they would be allowed there, but what the problem is that they are not.

Jeff VanWeelden stated, okay.

President Charles Anderson stated, he is talking about a parking facility.

Jeff VanWeelden stated, I’m not using them as for any reason. I’m storing them there.

David Rosenbarger asked, will you ever take them out and use them?

Jeff VanWeelden stated, the only time I will take them out of there is as soon as I can sell them. I will not take those three trucks out and use them, they will ever go in use I will park them over to the I-2 piece of property.

David Rosenbarger asked, what about the roll off.

Jeff VanWeelden stated, I store containers and those three trucks I believe when I called and asked they said the issue was the truck setting there. When I first called I was told about these exceptions.

President Charles Anderson asked, but the roll off are used for business?

Jeff VanWeelden stated, the roll off are used for business.

Attorney Altman stated, they should not be there.

President Charles Anderson stated, they are not actually parked there.

Jeff VanWeelden stated, there are not roll off trucks parked there.

President Charles Anderson stated, those are stored there.

Jeff VanWeelden stated, there are roll off containers.

Attorney Altman stated, that is the objections.

President Charles Anderson asked, that is part of your business, right?

Jeff VanWeelden stated, yes, that is a part of the business.

Attorney Altman stated, that is the use.

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

Jeff VanWeelden stated, I had no idea that I was out of compliance. I try to stay in compliance with everything that I have done. When I called up there the first time I was told that when I asked about the farm vehicles they said well there are some exceptions. That is what I don’t understand.

Attorney Altman stated, some one used the wrong words.

President Charles Anderson stated, someone misspoke to you when they told you that.

Jeff VanWeelden stated, I believe I spoke to Cindy.

Attorney Altman stated, I understand.

Jeff VanWeelden stated, I have called twice and tried to get on the agenda for the last meeting and I wasn’t allowed on. I got a letter saying I was to come tonight. I tried to sort this out the day after I got the letter. I called the 29th and I tried to get on the meeting for the next month in October. I wasn’t allowed on.

President Charles Anderson stated, we have the record of all of that, she gave it to us. Do any of the Commissioners have any questions?

David Rosenbarger asked, do you own this property?

Jeff VanWeelden stated, yes I do. If you would like for me to go ahead and rezone I will rezone that. Those trucks are not in use, that they are not used when they are parked on that property. I just didn’t pull them in a week, you have pictures there. I have stoned it back there, made a drive back and made a stone drive back. I put that in so it did not make it look like, I wasn’t using a parking facility on bare land. I put in a lot of 120’ x 125’.

President Charles Anderson asked, how many complaints or did someone from the office.

Director Weaver stated, no I have had two different complaints from two different people from out side the building.

President Charles Anderson asked, their complaint was?

Director Weaver stated, the looks of the property, the storage of the business equipment on the property.

David Rosenbarger asked, does this have your adverting on the side of the truck?

Jeff VanWeelden stated, no it does not.

David Rosenbarger asked, who’s advertising is it?

Jeff VanWeelden stated, oh on the side of the truck, yes that is not the name of our business, but.

David Rosenbarger stated, it is the name of a business so it looks like it is a business.

Jeff VanWeelden stated, yes.

David Rosenbarger stated, I can see someone drive by and see that.

Jeff VanWeelden stated, I will take those off. I’m not using these vehicles, I’m going to get rid of them.

Dennis Sterrett asked, that is not your business on the trucks?

Jeff VanWeelden stated, that is not my name.

David Rosenbarger stated, going back to what we have done in the past, the one in Reynolds that just parks trucks. Where Kelly is at.

Director Weaver stated, he went through the rezoning and the special exception.

David Rosenbarger stated, that is what I was thinking we had to and he is using that as a parking lot.

Director Weaver stated, yes.

David Rosenbarger stated, so I guess that is what we need to follow with here to be consistent.

Greg Bossaer stated, if they are going to stay.

David Rosenbarger stated, if they are going to stay.

President Charles Anderson asked, are you planning on using this for storage for your dumpsters?

Jeff VanWeelden stated, yes, I would like to.

President Charles Anderson stated, that is really not a parking lot that is part of your business.

Jeff VanWeelden stated, it is a storage facility.

Greg Bossaer stated, it is a storage facility for your business.

President Charles Anderson stated, yes, it is a storage facility.

Attorney Altman stated, you just said Doc it is a part of his business.

David Scott stated, the storage outside I-1 or I-2.

David Rosenbarger asked, what did we have the guy in Reynolds zoned to?

Director Weaver stated, either I-1 or I-2.

David Rosenbarger stated, plus a special exception.

Director Weaver stated, yes, plus he went through the special exception.

David Scott asked, what is it classified as?

Jeff VanWeelden stated, for people who park their trucks and stuff when they come home I mean, when an over the road driver comes home and parks his trucks or you know runs a dump truck and parks it at home all night. That all has to be rezoned I-2.

President Charles Anderson stated, if they are running their business out of their home yes it does.

Attorney Altman stated, the problem is quite frankly in like Monticello there is a real issue with the people who are just truck drivers that park their trucks out front. The city is taking some action and going all the way and causing them to remove them. It is not properly zoned. They have not done that yet. To answer your question, there is action to be taken to remove them. I don’t know whether if it is going to happen.

David Scott asked, what is the definition of what he is using it for.

President Charles Anderson stated, business.

Attorney Altman stated, business. I think it is just part of his business.

David Scott asked, I mean on the official schedule of uses what would you look under to find this.

Jeff VanWeelden stated, the only parts that I use off of that piece of property is the red roll off boxes.

President Charles Anderson stated, what you need to do is.

Jeff VanWeelden stated, I will move them back across the road if you want, I was trying to make it look better in general. I mean I can take everything that is over there and stack it 50’ high.

President Charles Anderson stated, if you keep trucks and stuff like that over there you are going to get more and more complaints all of the time.

Jay Clawson stated, there is no trash in them.

Jeff VanWeelden stated, there is no trash in them or on that premise.

Jay Clawson stated, would it be better to rezone it and we are thinking I-1 or whatever. Would there need to be fencing.

President Charles Anderson stated, yes,

Jay Clawson stated, there are differences between zoning there has to be.

Director Weaver stated, when it joins a residential area.

Jay Clawson stated, some kind of screening.

Director Weaver stated, there is a residential to the East, but I’m sure it is zoned agriculture.

Jeff VanWeelden asked, can I put up a fence, can I put it.

President Charles Anderson stated, you have to rezone it.

Attorney Altman stated, you have to rezone it and get a special exception. In the interim to avoid the fine I would suggest that you remove the property to properly zoned areas as soon as possible.

President Charles Anderson stated, yes, my question on fines is do we give people a warning before they are out of compliance.

Director Weaver stated, not the way the policy is written. It is not written that way.

Attorney Altman stated, no it is not.

Several are talking at once.

Attorney Altman stated, I’m not saying you waive the fine give him conditions. This body has the authority to do that.

President Charles Anderson stated, what I want is should we have a warning.

Jay Clawson stated, in our new book when we write that, I think there should be one written warning sent and have a certain amount of time to comply and then if they are out of compliance then they do need to be fined.

Gary Barbour stated, the only problem that I have with this Jay is in the past whenever we have warned people no body took notice. This gets their attention. He got right in here to take care of it.

Jay Clawson stated, right.

Gary Barbour stated, I don’t have a problem with making a motion to waive the fine as long as you bring the property into compliance. When you had out a warning that just goes right into the trash, they don’t pay any attention to that. That has been my experience with it.

David Scott stated, if the warning says that you have so many days to start getting your self into compliance or there will be an automatic fine, there is no discussion. When they come in here there is a fine. When you just go out and a guy is operating a business and he doesn’t know this book, he deserves an opportunity.

Jay Clawson stated, at least a heads up.

Jeff VanWeelden stated, I understood I needed to operate in an I-2 zoning, I understood. This didn’t know this facility for storage could not be in an A-1. When I looked up the schedule or whatever this is and it says A-1 with a dot under it for storage facility and parking facility. Can I remove the trucks from the location, and leave the containers there? Then go through the rezoning process for that part?

Attorney Altman stated, do you want a bit of advice. Get it all off before you proceed. All you are going to do is cause more people to be upset with your applications.

Jeff VanWeelden stated, well I’m just asking for that so I don’t take all of that stuff off of there and come back with a lot of complaints. Because you know stuff looks like it is all jumbled up on top of, you know on a small piece of property. Then the fence doesn’t become steel containers as fence on someone’s property. I mean I park stuff inside I don’t leave trash on the premises. There is no trash across the way there. I mean if you take all of that stuff.

President Charles Anderson stated, when you look through all of the weeds over there it doesn’t look real nice either.

Charles Mellon stated, Doc there are a lot of places in this county that farm got trucks setting out and weeds as high as the truck and everything. Some of them are running business out of those places and as far as people complaining, there are a lot of people a hell of a lot worse than that.

President Charles Anderson stated, yes.

Charles Mellon stated as far as the sign if he gets his regular zoning what he should have. I don’t think we should do away with the fine.

President Charles Anderson stated, he had 13 days was the agenda already written.

Director Weaver stated, yes it was. At the time we received the appeal we already had everything to mail out.

President Charles Anderson stated, according to that he had 13 days before or something.

Director Weaver stated, we mail out 10 days prior.

Attorney Altman stated, I don’t knock him on that.

President Charles Anderson stated, no I just wanted to find out, there was a questions.

Jeff VanWeelden stated, I tried to get on the agenda right-of-way was because if this came up I could have rezoned it and then I would have had the rezoning process before this meeting. I would have had my sign out there long enough so when we got to this meeting it would have been zoned or unzoned and then if it was unzoned and then I would have to pull everything off of there. I called the office trying to get answers and like I said I got answers you know that there were exceptions. I came up to the office and I just I couldn’t specifics of what I needed to do and what exactly the fine was specific for. They said it was because you had trucks on the premises.

David Rosenbarger stated, it just looks like you are running a business. My opinion is in a short period of time get everything off of there and then file the necessary paper work to try to bring it into compliance. I don’t have a problem with waiving the fine.

Attorney Altman asked, are you going to make that a motion.

David Rosenbarger stated, before I do, I want everyone else’s input, what is, he has had.

President Charles Anderson stated, I want impute on whether to get the trucks off or everything off or whether he can leave part of it on there until he can get the proper paper work in.

Jeff VanWeelden stated it is going to look terrible taking everything off of there.

President Charles Anderson asked, will you have to store it across the road.

Jeff VanWeelden stated, I’m going to have to bring it across the street.

Charles Mellon stated, more junk.

Jeff VanWeelden stated, it is going to be piled all up on top of each other and it is going to look, that is why I put in the stone drive and didn’t try to cram it all in. I mean A-1 is a storage facility. What I can do 100%, if you look at the roll off boxes they are not mix matched in there, the containers are to be lined up by size order and the container is only about this high. The ones that people see are the ones from transporting them over there. I stack them to bring them over.

David Rosenbarger stated, I understand your problem and concern and making everything else a mess, so what are you going to do if enough neighbors come in here and just do not want this and we vote it down. What are you going to do?

Jeff VanWeelden stated, well I’ll put it all on the property zoned I-2. I mean you know is that going to make everyone happy? No it is going to make it look worse, if that is what it comes down to doing then obviously that is what I will have to do because, I mean you know if it gets turned down in the zoning in the next meeting and I have to bring it all over to the other property, then it is really going to show what it looks like all piled up. That is what it will come down too.

Charles Mellon stated, that field is awful wet in there, I think most of you know that it is real wet. I doubt he could get those containers out of there now. He has to get off the road to get them in there, he can’t stay on the stone road. I think that is no good.

Jeff VanWeelden stated, going towards 300 I mean where there is stuff at now there is not going to be anything else besides where things are placed now as he said it is a very wet field. It slops down there towards 300 I mean it gets beyond extremely soft. Even when we haven’t had rain for 40 days. You can’t drive through that.

Greg Bossaer stated, then this wouldn’t be a good site to store these, if that is that wet.

Jeff VanWeelden stated, where that is right now is on the higher part and I have put stone in there to where I can access it.

Greg Bossaer stated, okay but if you need to get in and out with those and you are on a wet site that.

Jeff VanWeelden stated, I’m not on a wet site there.

Greg Bossaer stated, well, you just said or somebody Charlie that is wet to get them.

President Charles Anderson stated, it floods in there.

Charles Mellon stated, I don’t know how far he has them off the road. To get off the road you could drive around the country and combines are getting stuck in fields.

President Charles Anderson stated, Charlie is saying getting off the road way that he has built in there off of stone that he has got back in there in the back to try to remove them is what he is talking about, it is really low in that area. That whole corner floods.

Jeff VanWeelden stated, I’m trying to keep it looking the best.

David Rosenbarger stated, I understand, I’ve got one more question. When you were notified of the fine did they tell you at the office what you needed to be to be in compliance.

Jeff VanWeelden stated, no, they did not.

David Rosenbarger stated, they didn’t tell you.

Director Weaver stated, no we did not and I can tell you why. At that time we were not sure what his exact use of the property was. If these where, we had no explanation as to what the use was.

David Rosenbarger stated, so we were waiting on this. So do we know now.

Director Weaver stated, it sounds to be from what he has said tonight that it is for a waste facility.

David Rosenbarger stated, which is?

Director Weaver stated, I-1 or I-2 with a special exception.

David Scott stated, if we.

David Rosenbarger asked, can he get on next months agenda?

Director Weaver stated, yes, I have checked and the rezoning cut off is November 18 for the December meeting.

Jeff VanWeelden asked, can I, when you say it is used for waste hauling.

Director Weaver stated, waste facility.

Jeff VanWeelden stated, waste facility, okay what does it need to be for container storage is what I guess I’m trying to say. I mean if it only has to be B-2 and I go to rezone it as an I-2, I mean an I-2 that like, I mean someone could put a scrap yard there. I only need a B-2 zoning.

I don’t want to have to rezone it any further above what it needs to be.

David Rosenbarger stated, it is a refuge trailer, it has to be an I-1. That is the use of the roll off is a refuge use.

Director Weaver stated, I think that is what we decided when we dealt with the one in Reynolds.

David Rosenbarger stated, that is what I’m trying to go back to.

Jay Clawson stated, well he is actually, well.

Director Weaver stated, that is an I-2 with a special exception.

Jay Clawson stated, well these are all empty.

David Rosenbarger stated, if it becomes a problem and he is worried about I-1 throwing the big flag that is when you come back with the special exception.

Jay Clawson stated, I agree with you there, but I don’t think B-2 would be anywhere near the heaviest zoning. It has got to be either an I-1 or I-2 and if it is an I-1 it can’t have any active.

David Rosenbarger stated, it can not be loaded.

Jay Clawson stated, right it has to be just like storage. The ones you use everyday would have to be run off of the I-2 lot.

Jeff VanWeelden stated, that is what I’m doing right now. Anything I run every day is coming off of I-2 anything I may start in 3 weeks from now is setting in the I-2. If I had everything else break down in the world the only thing I would use is setting on the I-2 lot right now. That is why I did not think I was out of compliance when I parked that stuff over there.

Attorney Altman stated, I understand, I’m just saying we are all gnawing on the same bone and the board is just telling you that you have to do something different.

Jeff VanWeelden stated, that is fine. Can I before I rezone it pull the red containers off since that is what it seems I’m running a business with off of there.

President Charles Anderson stated, we had a consensus on whether he could leave them there until.

David Scott stated, well if you change the zoning so he can do it there can we also require him to have it blind of some sort whether it be trees fence or whatever.

Several are talking at once.

President Charles Anderson stated, if he doesn’t it before he gets that passed then he is stuck with all of that money in and he didn’t get it passed.

Jeff VanWeelden stated, I have every intentions of putting a tree row of pine trees along the side that would just be to the East of that along that side. I would like to put a fence around the whole property on the I-2 and the residential home. I would like to put a fence around there.

President Charles Anderson stated, you better put Cypress in.

Several are talking at once.

David Rosenbarger stated, how about until this is settled get rid of the trucks and the big tall red ones. You’ve got a lot of small ones that are not visible. If that saves a little room. I guess my other thing is contingent that he has to be on next month’s agenda.

Gary Barbour stated, the tall ones are stacked, isn’t that what he said?

David Rosenbarger stated, no.

Jeff VanWeelden stated, the larger ones I can take off and move. I can easily pick up and move them to the other property. I’m just saying if I have to move all 96 containers and I have to put them all on that little square then it is going to be 50’ high all the way around.

Attorney Altman asked, where did you get these?

Jeff VanWeelden stated, I purchased them out of Wisconsin.

Attorney Altman stated, you shouldn’t have done it until you had a place to put them.

Jeff VanWeelden stated, steel prices.

Director Weaver asked, were there 90 containers on that property when I sent a letter to you?

Jeff VanWeelden stated, everything that was there when you sent the letter to me, everything was there was there.

David Rosenbarger asked, is there more there now?

Attorney Altman stated, so there is 90 there?

Jeff VanWeelden stated, there is probably between 65 to 85 containers there now.

David Rosenbarger asked, have you added to it since Diann sent the letter?

Jeff VanWeelden stated, no I have not. I called the day I got the letter.

President Charles Anderson asked, do you want to make a motion on what he can leave and what he can’t leave on there with contingent that he is on next months meeting?

Jay Clawson stated, okay.

Attorney Altman stated, the BZA too.

David Rosenbarger stated, I make a motion that he remove the trucks, all of the red roll off boxes have to be off within 2 weeks, and you have to be on the agenda for December.

President Charles Anderson stated, okay got that motion do we want to deal with that now and then the fine.

Jay Clawson stated, doesn’t that need to be parts of the motion are we going to suspend the fine until.

Attorney Altman stated, that is up to the motion maker.

David Rosenbarger stated, I make a motion to do that suspend the fine, contingent on the December meeting and BZA. He has to be on the docket for both December meetings.

Charles Mellon stated, I second it.

Jeff VanWeelden asked, can I get a list of exactly what I need to provide?

Attorney Altman stated, you’ve got it.

David Rosenbarger stated, no.

Director Weaver stated, we have a hand out in the office.

David Rosenbarger stated, you need to come into the office.

President Charles Anderson stated, Diann or someone needs to write that up for him.

Jeff VanWeelden stated, exactly what needs to be done.

President Charles Anderson stated, what he needs to remove.

Jay Clawson stated, that is no gray area.

David Rosenbarger stated, then what he needs to file for.

Jay Clawson asked, are we making him go I-1 or I-2.

President Charles Anderson asked, do you want to go I-1 or I-2? Do you ever want to run it as a business like you have it across the road?

Jeff VanWeelden asked, would I like to?

President Charles Anderson stated, yes.

Jay Clawson stated, your business has already grown so much, you have went from Segal to here and if you are planning on doing it and if you are going to go through all of the trouble of doing it.

Jeff VanWeelden stated, I would rather have the I-2.

President Charles Anderson stated, okay we have the motion and the second, so moved.

Attorney Altman stated, get going.

Jeff VanWeelden stated, I have two weeks to get the trucks and red containers gone. I can come in tomorrow and Diann will have a list for me exactly for what I need to rezone.

President Charles Anderson stated, okay we have the amendment to the ordinance.

Attorney Altman stated, this is the proposed amendment.

Director Weaver stated, yes proposed.

Attorney Altman stated, this has not been advertised.

Jay Clawson stated, so we can take a minute to look it over.

Greg Bossaer stated, before we do that are we going to do anything about fining.

Director Weaver stated, we need to change the policy if that is what you want to do. You did adopt a policy.

David Rosenbarger stated, that is something that they need to do in the new one.

Several are talking at once.

Jay Clawson stated, so we need to look over this amendment before the next meeting and then we can act on it then Diann?

Attorney Altman stated, it needs to be advertised.

Director Weaver stated, yes, but I will have to advertise it before you can act on it.

Attorney Altman stated, we wanted your input and then come back so we can take that.

Several are talking at once.

Director Weaver stated, the 2.1223 that is amending that one. That is not very clear on here.

Attorney Altman stated, so look it over and give us you’re feed back and then we can do that and advertise it.

Dennis Sterrett asked, so is it just the first page?

Director Weaver stated, yes, I attached the other pages so you would know. The last page is out of the old zoning ordinance.

Attorney Altman asked, what else do we have on the agenda?

Director Weaver stated, I think that is it.

Several are talking at once.

Attorney Altman stated, Meadow Brook we are essentially talking about vacating the subdivision with the exception of the 1 lot that has been bought. They are talking now trying to figure out whether they want to vacate the ingress/egress road. I don’t think we have word back from them yet.

Director Weaver stated, no have not heard from them.

Attorney Altman stated, this is for which way they want to go with it. It looks like it is moving, no body is causing that to be an issue. On Reynolds they just don’t like to be fined and they think that everything is okay and we won’t do it again. We don’t want to get fined is what they are really saying. The BZA gave them a fine amount and they just don’t quite agree with the amount so we are going to set that for a hearing.

Several are talking at once about different things.

****

The meeting adjourned.

Respectfully submitted,

Don Ward, Secretary

White County Area Plan Commission

Diann Weaver, Director

White County Area Plan Commission