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BZA MEETING MINUTES THURSDAY MAY 21, 2009

 

 

 The White County Board of Zoning Appeals met on Thursday, May 22, 2009 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

 

 Members attending were: David Scott, Charles Mellon, and David Stimmel. Also attending were Attorney Kevin Riley, Director Joseph Rogers and Secretary Gayle Rogers.

 

 Visitors attending were: Deputy Ben Woodhouse, Don & Charlene Need, Jason & Jeni Rans, Erik Lowe, Donna Koppelmann, George Koppelmann, Gretchen Leuenberger, Ted Leuenberger, Robert Edwards, Woodrow Hamm.

 

 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 April 6, 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.

 

A motion was made, seconded and unanimously passed to move the By-Laws to the end of the meeting.

 

#2798  Cathy Russell. Variance request still pending. Director Rogers will compose a certified letter requesting her to respond or be present at the next BZA meeting or her variance request will be dismissed. Result: Tabled

 

 

BZA MEETING MINUTES THURSDAY MAY 21, 2009 CONTINUED

 

 

#2810 Theodore J & Gretchen A Leuenberger; A parcel of land out of the North half of the Northwest Quarter of Section 5, Township 27 North, Range 3 West, White County, Indiana; commonly known as 4900 Boxman Place

 

Violation: None

Request: They are requesting a 23’ front setback variance to combine and expand upon the two seasonal cottages on the property to build a year-round permanent residence to fit within the line of the neighboring homes.

 

Representative: Ted Leuenberger

Director Rogers read two letters into the record from neighbors supporting the request. A copy of each of those letters is attached. Ted Leuenberger described the work he intends to have done. The vote was taken. Result: 3 Approve; 0 Disapprove; 0 Abstain

 

#2811 JamesW & Mary E Snider; Lot Number Eighteen (18) in Lake Breeze Subdivision Number Four (4) in Liberty Township, White County, Indiana; commonly known as 5872 E Glenn Arrow Drive

 

Violation: None

Request: They are requesting a 2 year deviance in the Ordinance requirement that a mobile home being placed on a parcel must be constructed in 1981 or later; the proposed mobile home was constructed in 1979.

 

Representative: James Snider

Mr. Snider submitted a copy of his deed and survey and several pictures of his trailer for the board’s review. These items may be seen in file #2811 in the Area Plan office. He went on to explain that two or three years ago he purchased property from Mr. Rooney. At that time, he came into the Area Plan office and was told that he could replace the trailer that had burned down on the parcel and to come back when he was ready and the permit would be issued. When he came back, after already purchasing the trailer, he was informed that the ordinance does not allow any replacement trailers older than a 1981 model. Mr. Snider was unaware of who performed the electrical update. He said the work was done and it was inspected before he purchased the trailer. Result: Tabled with conditions; Mr. Snider is to return to the June 18th meeting with a receipt for the purchase of two new smoke detectors and a safety inspection performed by a licensed electrician and heating contractor. 3 Approve; 0 Disapprove; 0 Abstain.

 

 

BZA MEETING MINUTES THURSDAY MAY 21, 2009 CONTINUED

 

#2812 Jason Rans; A tract of land located in the West Half (1/2) of the Northeast Quarter (1/4) of Section Thirty-one (31), township Twenty-seven (27) North, Range Three (3) West in Union Township, White County, Indiana, commonly known as 3659 E. US Highway 24

 

  Violation: Operating a business without a required special exception use

Request: He is requesting a special exception use to continue to operate his tattoo parlor that has been an ongoing business in Monticello since 1999. It was permitted at the time it was begun in 1999, but lost its grandfathering with the move from Francis St in November 2007.

 

Representative: Jason Rans

Jason explained that he came into the Area Plan the day after Memorial Day in 2008 to inform Area Plan about the move of his business. At that time, he was not told a Special Exception Use was necessary for him to continue in operation. Director Rogers received a phone call from a neighbor of the Rans’ stating that he had spoken with the previous director and been told that she was documenting traffic requirements. She told him the traffic is not allowed to increase as a result of the business. Director Rogers was unable to locate any such documentation. This lead him to the discovery that Jason Rans had never applied for a Special Exception Use for his business. Director Rogers then contacted Jason and told him of the violation. Director Rogers pointed out that Jason responded immediately and has done everything possible to be cooperative. Upon questioning from the board, Jason acknowledged he is fully licensed and receives quarterly inspections by the White County Board of Health. He further stated that in eleven years of operation, he has never received a negative board of health report. Board member Charlie Mellon mentioned that when all the rules changed a few years ago, Jason cooperated fully and received no fines whatsoever. Jason went on to say his business is “kid friendly” meaning there is no nudity or vulgarity in his shop. He also explained the possible health dangers of people tattooing or piercing at home rather than with a licensed artist and the economic downturn for the county if he is not allowed to operate. Jeni Rans and Eric Lowe each spoke their support of the business.

Result: 3 Approve; 0 Disapprove; 0 Abstain

 

 

 

 

 

 

 

 

BZA MEETING MINUTES THURSDAY MAY 21, 2009 CONTINUED

 

BZA By-Laws

 

Attorney Riley explained that he incorporated most of the committee’s changes to the by-laws with the exception of three items:

 

  1. Section VII. The committee requested the third sentence read “All completed ballot forms shall be approved by the Board attorney.” Attorney Riley omitted the word “completed”.
  2. Section VIII (B.) “Appeal of Decision of Administrative Officer” was to be deleted in its entirety. Attorney Riley did not delete it.
  3. Section IX #2 “neither the petitioner nor his representative is present at the meeting which shall result in dismissal” was to be deleted. Attorney Riley did not delete.

 

Following a lengthy discussion it was determined nothing would be settled immediately.

Result: Tabled. 3 Approve; 0 Disapprove; 0 Abstain

 

President Stimmel adjourned the meeting at 8:40 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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