Get Adobe Flash player

 

The White County Area Plan Commission met Monday, June 13, 2005, at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Jay Clawson, David Rosenbarger, David Scott, Charles Mellon, Don Ward, Gregory Bossaer, Dennis Sterrett. Also attending were Attorney Altman and Director Weaver.

Visitors Attending were: Bill Pyle, Don Pauken, Jan Conwell, Larry Pampel, Connie Pampel, Barry N. Haskins, Julie Gutwein, Brad Gutwein, Terry Beasy, John Raines, and Terri Raines.

The meeting was called to order by Vice President Jay Clawson and roll call was taken.

Vice President Jay Clawson stated, the first thing on the agenda is the reading of the minutes. The first item is the correction to the March 14th minutes. There was an omission on the first page right underneath who attended. It is just a paragraph about Charlie Anderson stating procedures where it was stated, Rangeline Properties has tabled this again. Do you guys have that with you or do I need to read the whole thing.

David Rosenbarger stated, I’ve got it.

Vice President Jay Clawson stated, you’ve got it. Is it okay that we add this to the minutes?

Don Ward stated, I make a motion that we accept this as a part of the minutes.

Vice President Jay Clawson asked, do we have a second?

Charles Mellon stated, I will second it.

Vice President Jay Clawson stated, all in favor say “aye”. Motion carried.

Vice President Jay Clawson stated, next are the corrections to the April 11th meeting. You all should have that one too. Do you have that one? It was a correction. Can we get a motion on that?

Don Ward stated, I make a motion that we accept those.

Greg Bossaer stated, I will second that.

Don Pauken asked, what was the motion on? What were the corrections?

Vice President Jay Clawson stated, she has omitted a paragraph to the minutes about how we had with his fine about Jeff VanWheelden about his fine. He said he wouldn’t have to move the property until after the Commissioners had voted on it. That is what it was.

Don Pauken asked, does that include the 30 days?

Vice President Jay Clawson stated, well until they have acted they have the final thing. He has that many days after they vote on it to move that stuff.

Don Pauken stated, it was 30 days.

Vice President Jay Clawson stated, no it was after they, you guys have made them table it twice so they haven’t acted on it so as soon they act on it.

Don Pauken stated, they did act on it they voted to table it.

Vice President Jay Clawson stated, well it has not been acted on.

Charles Mellon stated, the 16th is coming up.

Vice President Jay Clawson stated, they have tabled it, so until there is a ruling whether or not it is going to be rezone he is not out of compliance.

David Rosenbarger stated, it doesn’t state that.

Don Pauken stated, I want to hear the…

Director Weaver stated, the correction states that the motion was carried 6 to 1. He is to pay the $500 fine and remove the containers within 30 days after the Commissioners make their determination on Monday.

Charles Mellon stated, they didn’t make it on Monday. It is still coming up next Monday.

David Rosenbarger stated, but the minutes don’t read that way.

Charles Mellon stated, they have 30 days after that.

David Rosenbarger stated, Diann my corrections don’t read that way.

Director Weaver stated, that is the correction. That is the correction.

David Rosenbarger stated, so this isn’t right.

Director Weaver stated, you have a copy of what was there and now the correction. That was the correction that I read.

David Rosenbarger stated, okay.

Director Weaver stated, the incorrect one stated that….

David Rosenbarger stated, the one in yellow.

Director Weaver stated, remove the containers within 30 days after the Commissioners meeting on Monday and that was incorrect.

Don Pauken stated, yes and that is what was said.

Director Weaver stated, no we went back and we listened to it and verified this with Gary Barbour.

Don Pauken stated, that was said twice, I’m sure it was, we were there.

Charles Mellon stated, talking about the other one, the thing that has the yellow on it. You may as well read it to him.

Vice President Jay Clawson asked, which one is that, I don’t have it in front of me.

Director Weaver asked, the first set Charlie, is that what you are talking about?

David Scott stated, the second page.

Director Weaver asked, do you agree with that now Dave?

David Rosenbarger stated, yes. I just didn’t go far enough.

Vice President Jay Clawson stated, to make recollection that is how it was stated. Now we need to vote. They are still looking. Now we need to vote show of hands. All ayes raise your hand. Motion was carried unanimously.

Don Ward made a motion to dispense with reading and approve the minutes of the May 9, 2005 meeting. Motion was seconded by David Rosenbarger and carried unanimously.

****

#882 Bank of Wolcott, Owner; Scott D. Lee, Applicant; The property is located on the West Half of Lots 23 and 24 in the First Addition in the Town of Wolcott at 123 E. Johnson Street.

Violation: Property is already being used as a parking lot.

Request: They are requesting to rezone from R-2 to B-2.

Vice President Jay Clawson asked, is there someone representing that?

Barry Haskins stated, good evening my name is Barry Haskins with the Bank of Wolcott. Our request is to rezone a piece of property formerly occupied by a somewhat dilapidated vacated dwelling that we had raised and we are using that as parking. Primarily for employees so that the prime parking spots are better suited for our clientele.

Vice President Jay Clawson asked, did Wolcott approve paving or did they allow gravel lots?

Director Weaver stated, I’ll have to look.

Vice President Jay Clawson asked, now are you planning on paving that lot anytime soon?

Barry Haskins stated, yes, but I can’t give you a definite time line. It is presently graveled.

Vice President Jay Clawson stated, right. How long ago did you tear the house down?

Barry Haskin stated, I would say 9 to 12 months ago.

Vice President Jay Clawson stated, okay you will need sometime for settling anyway. It wouldn’t be a good thing to pave it right away. I know in Monticello we had on any lot in Monticello like that has to be paved with in a couple of years. Some towns didn’t approve that and that is what she is looking to see if they approved.

Director Weaver stated, they approved the amendment that states that each access thereto shall be paved with concrete, asphalt or other acceptable surfacing and satisfactory maintained by the owner of the property.

Vice President Jay Clawson asked, is there anyone here with any questions about this? I don’t think there is.

Director Weaver stated, there is a violation on this.

Vice President Jay Clawson stated, there is.

Director Weaver stated, yes. The property is already being used for a parking lot so there is a violation on this that needs to be addressed.

Vice President Jay Clawson asked, do we do that now or at the end of the meeting?

Attorney Altman stated, let's do the rezoning first and then the violation. That is customary on how we handle these matters.

Vice President Jay Clawson stated, now we can bring this to a vote.

Without further discussion the board voted.

The results of the vote were as follows: 7 affirmative and 0 negative. This will be presented to the Town of Wolcott for their action.

Attorney Altman stated, you need to check with the town on when this will be.

Vice President Jay Clawson stated, now we need to address the violation. It is automatically a $500 fine.

Director Weaver stated, yes.

Vice President Jay Clawson stated, or we can amend this fine.

Attorney Altman stated, we can raise or lower it.

Vice President Jay Clawson stated, or whatever we decide we want to do. There was no per-say building or trying to be constructed on this. It was just using it as a parking lot without being and was he timely once he was notified that he was out of compliance to file.

Director Weaver stated, actually they filed before I knew about the violation. It was when I went over to get the pictures for the hearing that I found that they were already using the property.

Don Ward asked, what do you think Dave?

David Rosenbarger asked, what made you aware that they were not zoned right?

Director Weaver stated, they are getting ready to do an addition on to the bank and came over to check for variances and that type of thing.

David Rosenbarger asked, on this lot or another lot?

Director Weaver stated, no another lot.

David Rosenbarger stated, they were unaware completely.

Director Weaver stated, I believe so, yes.

David Rosenbarger stated, they filed this June 2 and when did they come in to file for this.

Attorney Altman stated, May 19 of this year.

David Rosenbarger stated, not to rezone this parking lot.

Attorney Altman stated, to rezone, the petition to amend zoning ordinance was dated the 19th of May, 2005.

David Rosenbarger stated, when did they do for this, because the letter was sent June 2 that they were in violation.

Director Weaver stated, the letter was sent after I went over to take pictures for the rezoning.

Greg Bossaer asked, when did they become aware of it?

Director Weaver asked, when did I become aware of it?

Greg Bossaer stated, no, when did they become aware of it.

Director Weaver stated, when I sent this letter out. There was no discussion at the time when they came in that they were already using it. I was unaware of it until I went and got pictures.

David Rosenbarger stated, so they are having to rezone something for their addition. Is that why you found that?

Director Weaver stated, no when they do the addition on to the existing bank they will take the parking out of compliance. So they are rezoning this and also requesting a variance and special exception for parking.

David Rosenbarger stated, for the bank side.

David Scott stated, I make a motion that we waive the $500 fine.

David Rosenbarger stated, I will second it.

Vice President Jay Clawson stated, so moved. We need a vote with a show of hands for the ayes. Motion was passed 7 to 0.

****

#883 William C. White; The property is located on .18 of an acre, South of Lowe’s Bridge at 3935 N. Dolby Court.

Violation: None.

Request: They are requesting to rezone from A-1 to R-2.

Vice President Jay Clawson asked, is there someone representing this?

Jan Conwell stated, I’m Jan Conwell. My son is William C. White who owns this lot. He purchased the lot about 3 years ago and there was a mobile home on it at the time and it was full of squirrels, raccoons. It was in very poor shape. He dismantled the home and had it removed from the lot and recently decided that we would like to build a garage on the back of the lot to put our boat and wave runner in for the winter and we found out it was still zoned agriculture. So we are requesting a rezoning.

Vice President Jay Clawson stated, okay. This property does meet the minimum size requirements for the R-2 zoning?

Don Ward stated, for a single family.

Vice President Jay Clawson stated, no for two.

Don Ward stated, it isn’t wide enough.

There is discussion among the board.

Vice President Jay Clawson stated, this is on sewer, or is it on sewer.

Jan Conwell stated, well that is another thing, we were trying to decide whether to have the sewer put in or not because right now it is not a buildable lot.

Vice President Jay Clawson asked, if there is ever anything built you guys would be on the sewers?

Jan Conwell stated, yes we would be on the sewers.

Vice President Jay Clawson stated, so we don’t have to worry about this.

Jan Conwell stated, I don’t know what pictures you have, but there are two lots next to that, that just have garages on them that other residents own that were built just to store summer things in. That is basically what we intend to do.

Charles Mellon asked, would she need the 60’? She has 50’ and not putting a house, a garage wouldn’t need 60’ I wouldn’t think.

Vice President Jay Clawson stated, do the setbacks for a normal R-2 lot…

Don Ward stated, double garage.

Discussion among the board.

Vice President Jay Clawson asked, are there any other questions from the board? Are there any questions from the audience?

Without further discussion the board voted.

The results of the vote were as follows: 7 affirmative and 0 negative. This will be presented to the White County Commissioners for their action next Monday morning.

****

#884 Douglas & Connie Hay; Owner, Connie Pampel, Applicant; The property is located on 2.405 acres, South of Monticello at 1510 S. Airport Road.

Violation: None.

Request: They are requesting to rezone from A-1 to B-2.

Vice President Jay Clawson asked, and representing this?

Larry Pampel stated, I’m Larry Pampel representing Connie. There is 3.4 acres there currently zoned A-1 and the East portion we are requesting to rezone that to a B-2. There is currently a house there that was the original farmstead. I think it was built in the 1800’s or something like that since has been remodeled several times. It has been vacant for a period of time. Our intention is to build a post and beam construction similar to the gymnastic center that is directly South. Directly West of the house, the house is in a state of disrepair so we are going to take the house and remodel it. Our intention is to build a winery and have the house be a tasting room. Directly west on the A-1 property we will create a small vineyard.

Vice President Jay Clawson asked, are there any questions from the board?

Charles Mellon asked, is that East of the Airport?

Larry Pampel stated, yes it is East of the Airport, so there shouldn’t be anything built to the West of it hopefully. Also when they relocate Luse Road it should run directly at the North end of that property, when they relocate that.

Charles Mellon asked, what if the runway is ever extended more than this time?

Larry Pampel stated, if it is extended from there, it should be considerable West of where the grapes are only 5’.

Charles Mellon stated, right it would be West of you.

Vice President Jay Clawson stated, right, the airport board came to us several years back stating, trying to get the zoning to some kind of business or commercial applications to keep from having like residences built in the white zone or too close to the airport. Someone at one time was trying to build a residence on there or subdivide the whole property. We felt it would be encroaching and too much for people to be living in those 6 or 7 houses with airplanes flying over them.

Larry Pampel stated, I know there was a question because of the flight patterns, someone asked me the height, it should be smaller, it is 3000 square feet that is smaller than the gymnastic center is. I think we need about an 18’ ceiling which is less height than the gymnastic center is.

Dennis Sterrett asked, what is the gymnastic center, is it zoned?

Jan Hall stated, B-2.

Director Weaver stated, according to the staff report the gymnastic center is zoned A-1. I don’t know I would have to look at the maps to tell you for sure.

Vice President Jay Clawson asked, does anyone in the audience have any questions or wants to speak?

Brad Gutwein stated, I’m Brad Gutwein and I live at 401 Terrace Bay. I don’t have any problems with what Larry is proposing, my question is should the property change hands down the road what does B-2, what would that allow a new owner to do? I’m not real encouraged about having glass, steel, and concrete down there. I know Larry is not planning on doing that. If something should happen.

Attorney Altman stated, it’s always hard to answer that because we can check with what our ordinance says now.

Brad Gutwein stated, that is all I’m asking, what does B-2 allow.

Attorney Altman stated, it is fairly extensive.

Director Weaver stated, yes it is.

Attorney Altman asked, can you give him a perimeter of what those are according to the ordinance?

Director Weaver stated, B-2 will allow animal hospital, antique shops, appliance sales & service, appraisal service, art gallery, art supplies, auction barn, auto body painting, auto body repairing, auto detailing, auto glass shops, auto truck rentals service, auto/truck sales, auto seat repairs, automobile accessory store, auto service and repair, automobile service station, automobile…

Brad Gutwein stated, a service station?

Director Weaver stated, yes. Auto truck tire dealers, bakery shop (retail), bakery (commercial), banks/financial institutes, banquet halls, beauty & barber shops, bed & breakfasts, beverage stores, bicycle sales.

Brad Gutwein stated, that is okay, you can stop.

Attorney Altman stated, it is rather extensive. The other problem is we are in the process of changing our ordinance and modifying it and that might change it too. So it is hard to give you a real answer. The way you can limit what they are specifically talking about here is with a commitment, which states they are only for a winery like he is testifying and the grape production next to it.

Brad Gutwein stated, I believe Larry is going to do what he says he is going to do, but it is just, should the property change hands.

Attorney Altman stated, then they could go for whatever is allowed in B-2, but they couldn’t do that if there is a commitment just to talk this out. A commitment we can control and limit or possibly expand.

Brad Gutwein stated, what do you mean by limit. Put a limitation on what?

Vice President Jay Clawson stated, well he can make or go in with a commitment stating it is for the sole purpose of a winery or…

Brad Gutwein stated, I’m not worried about Larry’s thing.

Vice President Jay Clawson stated, if he changes it would have to come back to the board. If he sold it and someone else wanted to open another business there, he would have to come back to modify the commitment to have it approved for a different use.

Attorney Altman stated, a commitment just says that I’m going to only use this for a winery, tasting area, and the things you just testified to.

Larry Pampel stated, the reason for going B-2 is because there is a possibility that whenever we open a new vintage of wine we may have someone in and cater food. My thing with whatever happens next to my office here about remembering that. I wanted to make sure I had that possibility to be able to do that.

Attorney Altman stated, I think the winery, the tasting area and that sort of, that would allow for that sort of thing also. It is just that a commitment is a written statement that says this is all we are going to do here and even though we are going to give B-2 zoning we are not doing the service station and that sort of thing.

Larry Pampel stated, so if a person, so let me understand this. So if were to decide down the road I got tired of making wine and then what I would do the person who would want to purchase from me would have to come and apply for the zoning.

David Rosenbarger stated, not if they left it as it is.

Larry Pampel stated, not if they left it at the same use.

Attorney Altman stated, not if they left the same use.

David Rosenbarger stated, if you sold it as a winery that would stay, but if they wanted to move something else in it would revert back to A-1 and they would have to reapply.

Larry Pampel asked, what if someone wanted to come and use it as a hobby store?

Attorney Altman stated, they would have to have it re-evaluated.

Larry Pampel stated, I’m speaking, what we were worried about is concrete, steal and parking lots and all of that. I don’t have an issue with it at all. It won’t affect what we want to do. Suppose someone eventually took that house and lived in it because we are not going to change the interior of the house. How would that affect it now? It is an A-1 can they live in it now?

David Rosenbarger stated, they can live in A-1.

Larry Pampel asked, can they live on B-2?

Director Weaver stated, no.

David Rosenbarger stated, you can request that it revert back to A-1.

Larry Pampel stated, we don’t have an issue with that.

Attorney Altman stated, you need to prepare a written commitment.

Larry Pampel asked, does that mean we are going to wait another month or I prepare it for you to give to the Commissioners next week? How is that going to work?

Attorney Altman stated, the board has to instruct us on that.

Vice President Jay Clawson asked, what is the board’s wishes on this?

Don Ward stated, we can do this subject to a commitment.

Discussion among the board.

Vice President Jay Clawson stated, if you can get a draft done and get it to Jerry and it meets his criteria and he will…

Attorney Altman stated, what you set out today.

Greg Bossaer stated, and the Director.

Vice President Jay Clawson stated, then it can go to the Commissioners.

Director Weaver stated, if there is any expense for Jerry to look that over it is at your cost.

Larry Pampel stated, I’m getting use to that.

Vice President Jay Clawson asked, does anyone have any other questions?

Without further discussion the board voted.

Larry Pampel stated, I have a question.

Attorney Altman stated, it is too late.

Larry Pampel stated, I have a question concerning how this works. This offer is on this property pending rezoning and pending some other things that the owner of the property has to do to bring it up to where I want to close on it. Suppose that I all of a sudden walk back and don’t meet the criteria of these other things then I’m not closing on it. Then that would have to go back through the rezoning again.

Attorney Altman stated, no.

Larry Pampel stated, so if I fall through.

Attorney Altman stated, if you fall through this is not approved.

The results of the vote were as follows: 7 affirmative and 0 negative. This will be presented to White County Commissioners for their action next Monday morning at 8:30. This is contingent upon a commitment for a winery, tasting area and vineyard on the A-1.

****

Vice President Jay Clawson stated, there are no more rezonings. We have new items of business that we need to bring up. First would be Meadowbrook.

Attorney Altman stated, I’m still trying to get John Freeman’s attorney to sign the agreement that everyone else has agreed on. It is really, I’ve written him and still have not gotten that done.

Vice President Jay Clawson stated, okay we have the violation of Rodriguez.

Director Weaver stated, that has been an on going violation that we have had that Dow Dellinger is representing us on this case. It was scheduled for a hearing this past month and it has been delayed one more time. They are trying to come into compliance with the DNR before we go to court so we know where the DNR stands in this situation. It is just an update, I don’t know when the new hearing will be. It has been postponed one more time. I gave each of you what I’m proposing for the budget next year and you might want to look it over. I’m just keeping you informed.

Vice President Jay Clawson asked, do we have a steering committee meeting?

Director Weaver stated, yes, we have a steering committee meeting Wednesday night at 6:30 p.m. at the Wolcott Park Community Building. The way I understand it is right behind the Wolcott House. That is all I have.

Vice President Jay Clawson stated, there is no more business on the agenda.

Don Ward made a motion to adjourn.

David Rosenbarger seconded the motion.

The meeting adjourned.

Respectfully submitted,

Donald W. Ward, Secretary

White County Area Plan Commission

Diann Weaver, Director

White County Area Plan Commission