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BZA MEETING MINUTES THURSDAY MARCH 18, 2010

The White County Board of Zoning Appeals met on Thursday, March 18, 2010 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 Carl Hites, Jr. Also attending were Attorney Ben Diener, Director Joseph Rogers and Secretary Gayle Rogers.

Visitors attending were: Phil Hunt and Ben Woodhouse

The meeting was called to order by Vice Chairman Gerald Cartmell. The first order of business was reorganization. Charlie Mellon motioned to keep the officers the same. Dave Hall seconded. The vote was unanimous. It was pointed out that the officers currently are Vice Chairman and Secretary. Gerald Cartmell moved to elect Dave Scott as Vice Chairman. There was a second and a unanimous vote. Charlie Mellon motioned and Dave Scott seconded for Gayle Rogers to be Secretary with a unanimous vote following. A motion was made by Charlie Mellon, seconded by Dave Hall and unanimously passed to accept the meeting minutes of December 17, 2009, both Executive Session and Regular Session and December 21, 2009 Special Session as written.

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#2834 Joseph Smith;

Part of Lot 34 in the Original Plat of the City of Monticello, Indiana, as recorded in Miscellaneous Record 1976 page 903, White County Recorder’s Office; commonly described as 111 S. Main Street.

Violation: None

Request: A Special Exception Use to have a Pizza King restaurant in a B-1 zoning district.

WITHDRAWN; SCHEDULED FOR JANUARY 21, 2010 MEETING; MEETING CANCELED

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#2835 Northgate-Thayer Aggregates LLC;

Part of Section 14, T28N, R4W, Monon Township, White County, Indiana containing 100 acres. Located approx. one mile east of Monon between CR 75E and Lowes Rd. on the north side of SR 16.

Violation: None

 

Request:

A Special Exception Use to operate a stone quarry (mining operation).

WITHDRAWN

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#2836 Hunt & Company, LLC;

That part of the NE ¼ of the SE ¼ of Section 10, T27N, R3W, Liberty Township, White County, Indiana, containing 3.054 acres; commonly known as 6942 E 350N.

Violation:

None

Request:

A Special Exception Use to open a gunsmithing business allowed in an A-1 zoning district by Special Exception granted by the BZA. 

Joe Rogers explained the request showing photos he had taken of the site and surrounding land. He stated there were no complaints or objections and four letters of support from the nearby neighbors, which he read into the record.

Phil Hunt was present to represent the petition. He explained that the Bureau of Alcohol, Tobacco and Firearms strictly controls his activities regarding firearms. Hunt and Company LLC owns the land and will lease it to Liberty Arms, Inc for the gunsmithing business. Dave Scott moved and Charlie Mellon seconded to vote on the request. Five votes were cast. Result: Granted; 4 grant; 1 deny.

Findings of Fact

1 Appendix A of the Zoning Ordinance does authorize the special exception for this use in this zoning district. 5-0

2 The requirements and development standards for the requested use as prescribed by the Zoning Ordinance will be met. 5-0

3 Granting the special exception will not subvert the general purposes served by the Ordinance. 5-0

4 Granting the special exception will not permanently injure other property or uses in the same district because of:

a. Traffic generation. 5-0

b. Noise production. 4-1; Testing guns

c. Becoming hazardous or disturbing to neighboring uses. 4-1; Noise & long range testing range

d. Destruction, loss, or damage of a natural, scenic, or historic feature of major importance. 5-0

e. Becoming detrimental to the economic welfare of the community. 5-0

Joe reminded Phil to come to the Area Plan office for his permit.

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Joe gave the board an update on the Northgate-Thayer Aggregates, LLC situation. The APC heard the rezone request at a special meeting paid for by Northgate. A "no recommendation" was submitted to the County Commissioners following a 5-5 tie vote by the APC. The County Commissioners tabled it until further notice. Rumor has it Northgate has begun drilling.

Business

 

 

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The board needs to sign the resolution submitted by Kevin to negotiate a

settlement agreement with M. Hanif. The Chairman needs to sign the final agreement

which falls in line with the guidelines the board set up for Kevin. Dave Scott moved to

sign; Charlie mellon seconded; the vote was unanimous.

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Cathy Johns has not responded to Area Plan’s letters or citations. The board

agreed to have Attorney Diener attempt to obtain payment without a civil lawsuit. Ben is

to make formal contact with Ms. Johns and try to work out a settlement in conjunction

with the Area Plan office.

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George Cook has not responded to the citation sent to him regarding a temporary

storage unit. In a verbal vote (5-0) the board directed Ben Diener to contact Mr. Cook

and see if an agreement can be reached without having to file a civil suit.

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Mike Lattimore has made an offer to settle his fine for $300. Joe Rogers

recommended the board take the offer and declare a victory. By a 5-0 vote, the board

accepted.

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Joe Rogers does not believe the variance ballot is correct per state statute and

ordinance. The board agreed he should bring a ballot proposal to the next meeting for

consideration. Joe Rogers and Ben Diener are to discuss prior to Joe Rogers developing a

proposal.

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Ben Diener informed the board that he had been contacted by Mr. Tom Woods

concerning a settlement offer which was proposed by Joe Rogers and Kevin Riley. It

appears Mr. Woods would like to pursue that settlement without going to trial. The board

directed Mr. Diener to pursue the settlement and attempt to stay out of court.

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Dave Scott moved to adjourn. Meeting adjourned at 8:45 pm.

 

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Respectfully submitted,

 

________________________________________

Gayle E. Rogers, Secretary

Area 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." ________________________________