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BZA MEETING MINUTES THURSDAY SEPTEMBER 17, 2009

The White County Board of Zoning Appeals met on Thursday, September 17, 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, Carl Hites and Gerald Cartmell. Also attending were Attorney Kevin Riley, Director Joseph Rogers, Secretary Gayle Rogers and Deputy Ben Woodhouse.

Visitors attending were: Kenneth Burns, Steve Young and Eric Garrard

The meeting was called to order by Vice Chairman Gerald Cartmell. A motion was made by Charlie Mellon, seconded by Dave Hall and unanimously passed to accept and approve the meeting minutes of August 20, 2009

It was moved, seconded and carried that there be incorporated into the public hearing portion of each application to be heard this evening and to become part of the evidence at such hearing, the Unified Zoning Ordinance, the Unified Subdivision Ordinance, the By-laws of the Area Plan Board of Zoning Appeals, the application and all documents followed therewith, the staff report and recommendation on the applications to be heard this evening.

#2826 Jean A. Terry; Continued from previous hearing was withdrawn on August 26, 2009 by Dick Terry

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#2827 Eric L & Kristine I Garrard; Lot Number Two (2) in Shady Point Park Addition in Liberty Township, White County, Indiana, as laid out and recorded in the Office of the Recorder of White County, Indiana.

 

COMMON DESCRIPTION: Property is located just east of Elmer Girtz Drive at 5191 E Shady Point Drive

 

Violation: None

Request: Requesting a 12’ front setback variance from the required 30’ in L-1 for a covered deck.

BZA Minutes September 17, 2009 Continued


Dir Joe Rogers read letters from neighbors in support of the request into the record and explained the variance request to the board with the visual aid of pictures he had taken of the subject property and surrounding neighborhood.

Representing the request was Eric Garrard. He further explained that he is simply extending his roofline with an open deck that will not obstruct the view of any neighbors. There were no objections to the request.

Findings of Fact

  1. The variance requested does not essentially alter the character of the surrounding area. 4-1
  2. The granting of this variance will not be injurious to the public health, safety, morals and general welfare of the community. 5-0
  3. The use and value of the area adjacent to the property included in the variance request will not be affected in a substantially adverse manner. 4-1
  4. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property owners in the same vicinity and district but which is denied to the property in question. 4-1
  5. The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property, provided that the situation is not self-imposed or that the need for the development standard variance is not based on a perceived reduction of, or restriction on, economic gain. 4-1
  6. The granting of a variance would be a minimal departure from the strict application of the provisions of the zoning ordinance. In other words, the variance will be the minimum necessary to permit a reasonable use of the land and building. 3-2

Result: Granted; 3 approve; 2 disapprove

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#2828 Town of Wolcott; A part of the Northeast Quarter of the Southeast Quarter of Section twenty-five (25), Township twenty-seven (27) North, Range Six (6) West, in the Town of Wolcott, White County, Indiana.

 

COMMON DESCRIPTION: Property is located in the Town of Wolcott at 110 W Scott St

 

Violation: None

Request: Requesting a 13’ front setback variance from the required 30’ setback on the south side of the property to build an addition for records, training and necessities to the existing Wolcott Municipal Building, future home of the Wolcott Fire & Ambulance Building.

Joe Rogers began by describing the variance request using photos and the plat of the property.

BZA Minutes September 17, 2009 Continued

Fire Chief, Kenny Burns was present to represent the request. He explained the need to add two bathrooms, two offices, a utility room, records room and training room. There is really no possibility of making the facility smaller. It is proposed as small as it can be and still be effective. On Sept. 8th they received a right to encroach on the ditch from the White County Drainage Board.

Findings of Fact

  1. The variance requested does not essentially alter the character of the surrounding area. 5-0
  2. The granting of this variance will not be injurious to the public health, safety, morals and general welfare of the community. 5-0
  3. The use and value of the area adjacent to the property included in the variance request will not be affected in a substantially adverse manner. 5-0
  4. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property owners in the same vicinity and district but which is denied to the property in question. 5-0
  5. The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property, provided that the situation is not self-imposed or that the need for the development standard variance is not based on a perceived reduction of, or restriction on, economic gain. 5-0
  6. The granting of a variance would be a minimal departure from the strict application of the provisions of the zoning ordinance. In other words, the variance will be the minimum necessary to permit a reasonable use of the land and building. 5-0

Result: Granted; 5 approve; 0 disapprove

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Joe Rogers spoke to the board regarding a sign violation case. Mr. Chad DuBois is in violation of the sign ordinance stating signs may not be posted on utility poles. Joe sent warning letters and spoke with Mr. DuBois regarding the situation. Joe then removed signs from the poles on separate occasions and fined Mr. DuBois accordingly. The first and second warning letters sent certified mail were both returned. On the third attempt, Area Plan contacted the White County Sheriff’s Department to serve notice to Mr. DuBois. Area Plan then received word that Mr. DuBois was incarcerated in Marion County. Papers were sent certified to Marion County to be served. Marion County contacted Area Plan to state that Mr. DuBois was now serving out his sentence in the Miami County Correctional Facility. Papers were sent certified to Miami County and served to Mr. DuBois. Joe asked the board for direction from here. It was decided to leave the file open until such time that Mr. DuBois is released or until he violates the ordinance again.

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BZA Minutes September 17, 2009 Continued

A vote was taken by the four board members who were in attendance at the August 20, 2009 hearing to accept the Findings of Fact regarding Cathy Johns and passed unanimously.

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Gerald Cartmell adjourned the hearing at 8:05 pm.

Respectfully submitted,

________________________________________

David Scott, Secretary

Board of Zoning Appeals

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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.” ________________________________