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BZA MEETING MINUTES THURSDAY APRIL 16, 2009

The White County Board of Zoning Appeals met on Thursday, April 16, 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: Steven A Hendress, Jeff Hendress, Jerry Hendress

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 March 26, 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 board 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 Stimmel 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.

#2798 Cathy Russell. Variance request still pending. Attorney Riley will compose a letter requesting her to respond or withdraw her application.

#2809 Hoosier Knoll Farms, LLC. Five (5) acres out Sixty (60) acres off of the North end of the West Half (1/2) of the Northeast Quarter (1/4) of Section Twenty-seven (27) North, range Five (5) West, Princeton Township, White County, Indiana.

Violation: None

Request: They are requesting a 4.7’ west side variance to bring the house into conformance and a 16.6’ east side variance to bring the pole barn into conformance.

BZA MEETING MINUTES THURSDAY, APRIL 16, 2009 CONTINUED

President Stimmel asked if anyone was present to represent Hoosier Knoll Farms. Jeff Hendress approached the podium. No questions were asked. This was initiated and never completed during the previous area plan office administration. It was difficult for Mr. Hendress to complete as the previous director was out of the office most of the month of December 2008. Motion and second to approve the variance were carried by a vote of 5 - 0.

Appeal #8 Joseph & Gilda Hickman – Withdrawn

BZA By-Laws

President Stimmel asked Attorney Riley for input regarding the status of the by-laws. Following

a lengthy discussion it was suggested and agreed that Director Rogers appoint a committee to

address issues and have a recommendation for Attorney Riley for the next meeting that he can

check for legalities and finalize. Some of the more important issues discussed were:

  • Interested Persons to be notified – the ordinance only states adjacent properties

  • Conflict of Interest – conflict should be determined by board member; if visitor has conflict they should state such at podium and board member will address

  • Filing fee – should applicants be required to file a separate variance for each issue and pay a fee for each variance rather than all on one variance which passes or fails all

  • Submission Requirements – a notarized letter of consent from owner should be required for petitioner to file

  • Time Limits – a time limit should be imposed on visitors when speaking at a meeting

  • Letters – letters received regarding an application will be read at the meeting and the person who wrote the letter will not be allowed to speak at the meeting

Director Rogers will appoint a committee including two BZA members to resolve differences. By-laws should mirror the ordinance. No particular verbiage is required by law.

New Business

Director Rogers brought up to the board that there exists in Indiana State Code, an alternative

procedure to hear variance and special exception use requests that utilizes a single hearing officer

rather than a board for certain applications. This would not only decrease the length of time of

BZA meetings, it would also make the process much quicker for the public. Director Rogers

stated that he has spoken with the Fort Wayne, Indiana area plan director regarding this

procedure. Ft. Wayne has been using this for approximately five years and it has worked

extremely well for them – for both the BZA and the citizenry. The BZA requested that Director

Rogers appoint a committee to draft a procedure for the BZA to review at their next meeting.


President Stimmel adjourned the meeting at 8:30 pm.

Respectfully submitted,

________________________________________

David Scott, Secretary

Board of Zoning Appeals

________________________________________

Joseph W. Rogers, Director

White County Area Plan Commission

Document Prepared By: Gayle E. Rogers, White County Area Plan

 

 

“I AFFIRM, UNDER THE PENALTIES FOR PERJURY, THAT I HAVE TAKEN REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN THIS DOCUMENT, UNLESS REQUIRED BY LAW.”

 

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