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BZA MEETING MINUTES THURSDAY JUNE 18, 2009

The White County Board of Zoning Appeals met on Thursday, June 18, 2009 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

Visitors attending were: Deputy Ben Woodhouse, James & Mary Snider, Dave Jabaay, Vic Ballard, Monica Ballard, Connie Lewandowski, Sandra Ketelaar.

The meeting was called to order by Vice President Gerald Cartmell. A motion was made, seconded and unanimously passed to accept and approve the meeting minutes of May 21, 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. Director Joe Rogers reported having sent a certified letter requesting her to respond or be present at the next BZA meeting or her variance request will be dismissed. No word was received. No representation at the hearing. Result: Dismissed

BZA MEETING MINUTES THURSDAY JUNE 18, 2009 CONTINUED

#2811 James W & 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 receipt for two smoke detectors as required and a receipt for an electrical and furnace inspection. The electricity is in good repair, however, a new furnace is needed. Mr. Snider and Mary stated they have other items that require attention prior to replacing the furnace. They do not currently reside in the trailer. They have an RV for weekend use. They do not live permanently on the property, it is a seasonal home. Result: Granted with conditions; Mr. Snider is to replace the furnace prior to a certificate of occupancy being issued. The Building/Location Permit will reflect this condition. 4 Approve; 0 Disapprove; 0 Abstain.

#2814 David Jabaay; Lot Number Nine (9), Parse’s Forest Lodge Second Addition, in Monon Township, White County, Indiana, commonly known as 4999 N Canyon Loop.

Violation: None

Request: He is requesting a side setback variance of 5’ to build a garage that

will be accessible to store a boat and trailer, etc.

Representative: David Jabaay

Director Joe Rogers read a letter into the record from Mr. Jabaay’s neighbor to the north in favor of the variance request. Interim President Cartmell inquired as to the content (or lack thereof) of Mr. Jabaay’s burden of proof letter. Vic Ballard, representing his mother, Mr. Jabaay’s neighbor to the south, read a letter into the record from three neighbors in objection to the variance request. The board members asked questions of Mr. Jabaay regarding eave encroachment if he is one foot from the property line, damage to the neighbor’s fence when pulling in and out, water run-off problems from the hill to the north and whether there was a standing water issue beneath his current graveled area where the garage and driveway would be constructed. Mr. Jabaay answered that there is no water under the gravel, just very deep gravel, the garage would have no eaves but would have gutters, the door would be facing north, not west. Arguments between

BZA MEETING MINUTES THURSDAY JUNE 18, 2009 CONTINUED

neighbors became somewhat heated. Board members called for a vote.

Result: 0 Approve; 4 Disapprove; 0 Abstain Request Denied

#2815 Sandra Ketelaar; Lot Number Forty-eight (48) in Echo Trail Subdivision Number Three (3) in Liberty Township, White County, Indiana, commonly known as 5760 E Cooper Drive

Violation: None

Request: She is requesting a 2’ variance from the flood protection grade of 658.3’; base flood elevation for this parcel is 656.3’.

Representative: Sandra Ketelaar

Joe Rogers read a letter into the record from Mrs. Ketelaar’s neighbor stating her approval of the variance. Mrs. Ketelaar explained why this is the best location for her garage and the necessity of the elevation variance. She stated she would have no problem with blocking up two feet before going to wood provided the garage floor would be at bfe level and she would also be happy to comply with IDEM and/or DNR standards for backfill. A vote was taken.

Result: 4 Approve; 0 Disapprove; 0 Abstain Request Granted

BZA By-Laws

Attorney Riley explained that he incorporated the committee’s changes to the by-laws. Everyone was happy with the result. A motion to vote was made and seconded.

Result: Passed. 4 Approve; 0 Disapprove; 0 Abstain

New Business

Reorganization of the BZA will be addressed at the next meeting. Dr. Carl Hites has been appointed by the Town of Monon to fill the opening left by Dave Stimmel.

Joe Rogers addressed the board regarding complaints in the office due to signs being posted on utility poles. This is not allowed per the Ordinance. If Mr. Rogers pursues the removal of all utility pole signs, the board may receive a multitude of complaints from disgruntled business owners. The board was in support of the removal of the signs. This is a difficult and lengthy process as most times all that is provided is a prepaid cell phone number that can not be traced. Some businesses hire someone to post the signs and don’t know where they are even if they agree to remove them. It was suggested Mr. Rogers might begin with contacting the utility pole owners.

Interim President Cartmell adjourned the meeting at 8:30 pm.

BZA MEETING MINUTES THURSDAY JUNE 18, 2009 CONTINUED

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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