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The White County Board of Zoning Appeals met on Thursday, March 26, 2009 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Gerald Cartmell, David Scott, Charles Mellon, David Hall and David Stimmel. Also attending were Attorney Kevin Riley and Director Joseph Rogers.

Visitors attending were: Jerry Thompson, Robert Novak, Janice L. Herman, Roberta Davis, Brian Snell, Danny Jones, John Hanik, Joe Dold, Margaret Foutch, Craig Foutch, George Cook, Susan Waymire, Jeff Woods and Gary Woods.

The meeting was called to order by President David Stimmel. A motion was made, seconded and unanimously passed to accept and approve the meeting minutes of December 18, 2008; January 22, 2009 and February 19, 2009

Motion was made, seconded and carried that there be incorporated into the public hearing, a portion of each application to be heard this evening and to become part of the evidence of the hearing, the unified zoning ordinance, the unified subdivision ordinance, the comprehensive plan, the by-laws of the area plan of zoning appeals, the application and all documents followed therewith. The staff report and recommendations on the applications to be heard this evening and the responses from the check point agencies.

President asked if there was any new business. Attorney Riley suggested reviewing the proposed BZA By-Laws at the end of the meeting. All were in agreement.

Appeal #6 Findings of Fact – File # 17597 and 17598 Improvement Location Permits: Janice Herman. Attorney Riley read the findings of fact and each person who was a member of the BZA Board at the time of the original vote signed the document as originally voted. John Hanik asked if he was allowed to dispute. He was told no, his time had passed to debate the subject. He became boisterous and was asked to leave.

#2798 Cathy Russell Rentals, Inc.; The property is located on Lots 10-26 in Meadowbrook Subdivision #2, South of Monticello, East of Freeman Road and on the Northwest corner of Chalmers Road and Sheridan Road.

Violation: None

Request: She is requesting a variance for the width and the lot sizes for lots 10-26. This is so the subdivision can be sold as individual lots as platted.

No one was present for representation. Tabled.


#2800 Robert T. Novak & Rita A Mankus; The property is located on pt lots 194 & 183, pt vacated alley in Barrs Addition and a strip of ground off the South side of Jefferson Street, located at 203 E Jefferson Street in the City of Monticello.

Violation: None

Request: They are requesting a setback for their south property. Setback to coincide with currently existing retaining wall. The Novaks are to provide certified documentation as to the distance of the retaining wall to the property line.

A survey and art rendition of structure were provided. Mr. Novak stated he is 5.75’ off the property line, the requirement is 6’. The BZA suggested a one foot variance applicable to this structure only. Joe Dold, Mr. Novak’s neighbor, was present and approached the podium. After seeing the drawing and asking questions, he was in agreement with what Mr. Novak proposed. Granted unanimously.

#2803 Gary & Jeff Woods; The property is located on 154.21 acres, more or less, approximately four miles west of Chalmers and one mile north of Chalmers Road at 2559 W 500S in Big Creek Township.

Violation: None

Request: They are requesting a 25’ side setback variance to bring a proposed grain bin into compliance.

Variance granted unanimously applicable to the proposed bin only.


#2804 Co-Way Properties (George Cook); The property is located at the corner of NE corner of Fisher and Main Streets in the City of Monticello at 901 N. Main Street.

Violation: None

Request: He is requesting a 25’ front setback variance to locate his new sign in compliance with current ordinance.

Attorney Riley read eight supporting letters from surrounding landowners, businesses and the City of Monticello (exhibits attached). The pole the sign will be on was inadvertently and without permission removed during road construction. George Cook assures the new pole will be in the same place as the one that was closest to the building. Dave Anderson, White County Building Commissioner will verify the location of the pole prior to construction. Variance unanimously granted.

#2805 Janice Snell; The property is located north and east of Lowes Bridge, on the river, in the far south and west area of the trailer park off West Shafer Drive in Monon Township at 4670 E. Lynn View Drive, Monticello


Violation: None

Request: She is requesting a 20’ rear setback variance to locate a new home in the same area as the former home and existing deck.

Much discussion ensued. Several board members concluded that the setbacks are possible to meet. No great hardship. Variance denied by a 3 declined, 2 approved vote.

#2806 Danny Jones; The property is located on Lot Number 13 in Gano’s Camp, a subdivision west of Lowes Bridge off Monon Road in Monon Township at 3592 E. Bailey Road


Violation: None

Request: He is requesting a 3’ front setback variance and a 10’ rear setback variance to expand an existing home and deck and add an attached garage.

Lester Jones, father of Danny Jones, answered some distance questions after which the variance was granted unanimously.

#2807 Co-Way Properties (George Cook); The property is located at the corner of NE corner of Fisher and Main Streets in the City of Monticello at 901 N. Main Street.

Violation: None

Request: He is requesting an identification sign variance from a quantity of 1 to a quantity of 2 with variances of 20’ and 28’ respectively.

The request was corrected to read square feet. All the letters of support previously read aloud and attached to these minutes as exhibits from Variance #2804 pertain to this request also. The current Ordinance allows for 4 sq. ft. identification signs on the building. The vote was taken and the variance was unanimously granted.

#2808 Craig Foutch; The property is located on 80 acres, more or less, Approximately seven miles west and one mile north of Chalmers at 5371 S 700W in West Point Township.

Violation: None

Request: He is requesting a Special Exception Use to allow gun sales and repair from his home in an A-1 district.

The BZA Board asked Craig Foutch questions regarding his future intentions regarding sales and service. He stated his sales will be primarily word-of-mouth (friends and family) and that he must have the Special Exception Use to obtain his license. He was informed by Director Rogers he must also apply for a Home Occupation Permit at the Area Plan Office. The vote was 4 in favor, 1 opposed; variance granted.

Appeal #8 Joseph & Gilda Hickman - Appellants; Appellants are appealing a decision made by the Executive Director in interpreting Rules 4.5.2, 4.5.3 and 4.5


with regards to the Applicant’s request that Lot One (1) in Frank’s Wayside

Lodge Subdivision, Liberty Township, White County, Indiana, is a grandfathered building lot and that a residence can be constructed on said lot as long as all other ordinance requirements can be satisfied.

Attorney Riley sent letter to Attorney Smith concluding the lot is grandfathered, not a grandfathered buildable lot. No one was present to represent the Appellants, Attorney Riley agreed to follow up with Attorney Smith. The ensuing vote was 3 approved, 2 opposed; appeal tabled.

By-Laws and Forms

After much discussion, it was determined the board members would like to have more detailed information from the Area Plan Office on staff reports. Ballots should be included in the packets that are mailed to members prior to the meeting to use as a checklist. Actual ballots will continue to be provided at the meeting. Attorney Riley is to answer legal questions; Director Rogers is to provide as much information as possible. President Stimmel would like to see Director Rogers also provide his personal recommendation on each staff report. That is still being debated. The board members are interested in receiving further guidance as to variance requests. Attorney Riley will meet at the White County Courthouse on Thursday, April 2, 2009 at 11:00 am. to discuss. Director Rogers will email his comments on the By-Laws to all board members for review. Discussion of By-Laws is tabled.

The meeting adjourned.

Respectfully submitted,

David Scott, Secretary

Joseph W. Rogers, Director

White County Area Plan Commission

Document Prepared By: __White County Area Plan,