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The White County Area Plan Commission met Monday, July 10, 2006, at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Jay Clawson, Gary Barbour, David Rosenbarger, Charles Mellon, Donald W. Ward, Dennis Sterrett, and David Scott. Also attending were Attorney Altman and Director Weaver.

Visitors Attending were: Judy A. Smith, John L. Byroad, Jessie Byroad, Jim McGill, Carol McGill, Harold Pratt, Dawn Lewis Pott, Virgil Frey, Carroll Robertson, Rick Robertson, Don Pauken, Debbie Riley, Kim Riley, Ben Robertson, C. J. Robertson, and Ben Woodhouse (Deputy).

The meeting was called to order by Vice-President Jay Clawson and roll call was taken. Don Ward made a motion to dispense with reading and approve the minutes of the June 12, 2006 meeting. Motion was seconded by Charles Mellon and carried unanimously.

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#907 Judy A. Smith; The property is located on .26 & .0036 of an acre, Out N NE 33-27-3 in the City of Monticello, located at 409 N. Main Street.

Violation: None

Request: She is requesting to rezone from B-2 to R-3.

Vice-President Jay Clawson asked, who is here representing that? You want to stand at the microphone?

Judy Smith stated, hi, I’m Judy Smith.

Vice-President Jay Clawson asked, and you are going to R-3, is there a specific use you are wanting to use?

Judy Smith stated, yes for a bed and breakfast.

Vice-President Jay Clawson asked, does anyone on the board have any questions about this?

Director Weaver stated, I have not had anyone opposing this request or calling about this request.

Vice-President Jay Clawson stated, it was a bed and breakfast at one time.

Director Weaver stated, it was at one time and the B-2 zoning is proper for a bed and breakfast but I think this all came from a Mortgage Company. If it could be built back or not as a home with B-2 zoning. And so it will accommodate the bed and breakfast plus the Mortgage Company having it residentially zoned.

Vice-President Jay Clawson asked, and you have parking on the street and a little bit where they can park on the side?

Judy Smith stated, yes there’s an attached like piece of property off to the back corner and that’s parking in that area.

Vice-President Jay Clawson asked, and is this little drive to the side here in the front also parking? So you do have plenty of parking?

Judy Smith stated, yes there is plenty of parking.

Vice-President Jay Clawson asked, any of the people on the board have any other questions? If not...

Denny Sterrett asked, you say the way it is now is for a bed and breakfast?

Director Weaver stated, a bed and breakfast can go in both the R-3 and the B-2, yeah.

Vice-President Jay Clawson asked, is there anybody in the audience that has any questions or any remonstrance to this? If not let’s go ahead and vote.

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

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#908 Forest Richard II & Carroll B. Robertson; The property is located on .26 of an acre, Out NW NE 4-26-3 in the City of Monticello, located at 801 S. Main Street.

Violation: None

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

Vice-President Jay Clawson asked, representing that would be?

 

Rick Robertson stated, hi, I’m Rick Robertson. And one point of clarification, our sign that we got when we talked to Diann, we were wanting a rezoning from an R-2 to a B-1, instead of B-2.

 

Director Weaver stated, that is an error in my office’s clerk. That’s what the application says.

 

Vice-President Jay Clawson asked, what’s your application say?

 

Attorney Altman stated, that’s not a problem going that direction. If you come down that ladder shall we say but you can’t go…

 

Vice-President Jay Clawson stated, more restrictive…

 

Attorney Altman stated, without re-advertising. So that it is to amend the, or just to set the record straight that their request is for going from R-2 to B-1, not B-2. That’s what the applicant has requested and that’s what he wants us to consider and that’s appropriate and I think that is exactly what we can do this evening at least we can vote on that.

 

Vice-President Jay Clawson stated, no problem.

 

Director Weaver asked, did you understand all that? It is legal for us to still act on it.

 

Rick Robertson stated, I got it.

 

Vice-President Jay Clawson stated, you might tell us a little bit about…

 

Rick Robertson stated, well I’m just wanting to do some remodeling and some expansion.

 

Vice-President Jay Clawson asked, okay so you need to bring it into compliance?

 

Rick Robertson stated, and when I went down there you know and as far as I know and I’ve been down there for twenty-eight years. As far as I know it’s been a business it’s been a dental office there for probably forty years. And it’s, I was surprised it was zoned R-2. So anyway…

 

Vice-President Jay Clawson stated, okay. Anybody on the board have any questions for Mr. Robertson? Anybody in the audience have any questions? Okay.

 

Attorney Altman stated, Diann on the analysis it states that it meets the minimum size for a B-2 zoning. Would that also be correct for a B-1 zoning?

 

Director Weaver stated, well, maybe not. Because I believe a B-1 zoning requires a 150’ width. 125’ width, but I don’t have the information in front of me to tell you for sure but if it agrees with that or not. So I can’t answer that Jerry.

 

Attorney Altman stated, okay I just looked at your analysis and that’s why I wanted to make sure that since it was analyzed as a B-2…

 

Director Weaver stated, the width would be the only thing that I would question. And it is triangular shape so it may… Do you know how wide that lot is?

 

Rick Robertson asked, now when you say, you are talking about the front…

 

Director Weaver stated, yes, on the roadside. Is it over 125’?

 

Rick Robertson asked, do you remember Carroll? She just saw the survey recently.

 

Carroll Robertson stated, no.

 

Vice-President Jay Clawson asked, is there a legal description of it?

 

Attorney Altman stated, yeah that’s what I was looking for to see if I can, the legal was specific enough now. This is not set up as such that I can…

 

Director Weaver stated, we do have a survey in the office of the property I can go look at that if you want me to.

 

Attorney Altman stated, I think that we can proceed it is just that it wasn’t researched is all I can say. But I think we can go ahead and vote.

 

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

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#909 Virgil A. & Patricia A. Frey; The property is located on 1.297 Acres, Part SE NE 35-28-2, located North of Burnettsville at 5556 N. 1400 E.

Violation: They are running a body shop and detailing out of the pole buildings.

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

Vice-President Jay Clawson stated, representing that will be Mr. Frey.

 

Virgil Frey stated, yes my name is Virgil Frey.

 

Vice-President Jay Clawson stated, tell the board a little bit about what is going on.

 

Virgil Frey stated, this is a body shop. It started out to just, when I first started with this it started out just a thing for me to do, it’s been a hobby thing cars have been all of my life. Jay you know that. I’ve messed with them alot and I was just doing cars for other guys and stuff like that and you know refurbishing cars and stuff. We started, I started getting into it a little more and but,

at that point in time it was a big misunderstanding on my part is what happened here. I was under the understanding that when I had it you know cause I was A-1, I think and I didn’t have to rezone I was under the understanding if I just did the work myself, myself and Patty did the work, you know doing all the work. Okay. And I had that’s what we were doing okay and then as time progressed I had a fellow that came in and just did some paint work for me. When I got things ready he’d do the paint work for me. Well he has a very good reputation for painting. So we got some other jobs. And at that point in time I still, he was just contracted out to me is all he was. So I wasn’t really sure that I needed to be zoned B-2 but I am in no way shape or form at any time tried to get away from it. I had all the paper work, I showed Diann I had the paper work to do it and the names of people and everybody to do it. Also if I may, I have; I don’t know if it would matter. I have letters from people from the surrounding area, all the houses.

 

Vice-President Jay Clawson stated, sure we can put them into the record here.

 

Virgil Frey stated, they are just stating that I keep everything very clean and neat and there’s no problem with anything there at all. Well we don’t get that much traffic there anyway so.

 

Attorney Altman read the letters. (See Exhibits A, B, and C in file.)

 

Virgil Frey stated, and I also had prior to this had just a little detail shop in my other shop there, I’ve got two shops there. And I do all of my business here in town. Standard Auto Parts gets all of my business as far as that goes. I do quite a bit of business with him and anybody else around.

 

Don Ward asked, is this a full time business?

 

Virgil Frey stated, well no it’s, hopefully, I retire in November and I hope to get it to that yes. That is my hope.

 

Charles Mellon stated, I’ve been up there a few times and it’s right when he says it’s a well-kept place. Up in that neck of the woods I probably shouldn’t say that but that is quite a bit North and way over East in White County you won’t find a better place in the area and any place in White County than that place is kept up and everything. And if he built it for his own purpose like a tool shed or any kind of shed for farmers they got, usually got a shop to do what they want to in their own building. That’s what he made it and intended it for in the first place. And whether he went on farther that is up to him, I guess he did.

 

Vice-President Jay Clawson asked, anybody in the audience have any questions or any problems with this? If not I suggest we vote.

 

Virgil Frey stated, I would like to ask a question if I may. Can I, in regards to my fine who would I, how do I?

 

Attorney Altman stated, that’s next on our agenda.

 

Virgil Frey stated, oh okay. Like I said my intent was never to evade any kind of rezoning or anything I have no problem with it what so ever.

 

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

 

Vice-President Jay Clawson asked, what about the fine?

 

Charles Mellon asked, are we going to get to that?

 

Attorney Altman stated, I think Jay is about to get to that.

 

Director Weaver stated, I imposed a $500 fine.

 

Attorney Altman stated, and since Jay, you’re not really used to doing that as Vice president. This is a matter that comes in before the board and the board can increase or decrease the fine or leave it as is and basically you get evidence and then somebody makes a motion as to what the fine should be and that’s where we go.

 

Dave Rosenbarger asked, when was Virgil first notified? Was it June?

 

Director Weaver stated, June 12th letter yes.

 

Dave Rosenbarger asked, when were the pictures on April 5th? I was just wondering why there is two months.

 

Director Weaver stated, I can’t explain that probably when I got around to doing, getting letters sent out.

 

Dave Rosenbarger asked, so it wasn’t his fault?

 

Director Weaver stated, no it was not on his part, it was on my part.

 

Dave Rosenbarger asked, so he came in as soon as he was notified?

 

Virgil Frey stated, yes sir, immediately.

 

Director Weaver stated, he received the letter on the 13th, they picked it up they were either in that day or the following day.

 

Charles Mellon stated, they had the right intentions when he got his permit to build storage on the farm since it was A-1. And that area, I’ve been there we have ten board members on this board. They are never always all of them here. There are seven tonight. And there is no representative from Liberty, Cass, Lincoln, and Jackson Township in the area. And there are some people up in that area that don’t know the rules too good. And this and that and most of the people in that area go to Logansport and Royal Center and not accustomed to a lot of things that are going on here in White County. Even though they are in White County. It looks a little strong to fine him that much money for something that he didn’t intend to do. I don’t think he would have, he would have came back and told him if he knew that that was the rules.

 

Dave Rosenbarger stated, the only difference there is that I mean it looks like he got his permit in March. Was that the initial for the building permit?

 

Director Weaver stated, March 7th 2005.

 

Dave Rosenbarger stated, I agree with Charlie. Maybe a little something but...

 

Gary Barbour stated, Well I would normally agree with him but he also knew that he was pushing the line there. And why are we sending the issue out when he knew he was walking a thin line why wasn’t he in here getting it checked out before? That would be my only question.

 

Virgil Frey stated, well if I may answer that. I talked to some people on it and I was I guess I talked to the wrong people.

 

Director Weaver stated, there was a stipulation on this building permit too that he signed, that the pole barn and sewing room may only be used for personal use at the time that the permit was issued.

 

Charles Mellon stated, it was used for personal use when he got the permit.

 

Director Weaver stated, okay but when that changed he should have come in Charlie, that ‘s why that commitment is there.

 

Charles Mellon stated, okay.

 

Virgil Frey stated, and again my understanding was that when I, as long as just we were just running it as a family that I didn’t have to go business with it.

 

Director Weaver asked, but at what point did you hire someone to do the painting?

 

Virgil Frey stated, well oh it was a while after we opened but it wasn’t… that was the other thing see I didn’t hire him on full time he was contracted out to do paint work for me when ever I needed. Because I don’t paint I do all the other stuff but I didn’t paint.

 

Dave Rosenbarger asked, is it all your vehicles or are you doing work for other people?

 

Virgil Frey stated, no we have started doing work for other people that’s why I…

 

Director Weaver asked, at what point did you put the paint booth in?

 

Virgil Frey stated, I put the paint booth in right away cause I knew I was going to have to do paint.

 

Director Weaver stated, I think that was why this building permit was questioned from the get go is was it going to be a repair shop or not. I think that is why that stipulation was put on that permit because there was a question if there was going to be business done there.

 

Virgil Frey stated, and I didn’t, to be honest with you I didn’t know that stipulation was on there.

 

Director Weaver stated, you signed it.

 

Virgil Frey asked, that it was. Yeah I know I understand that but for the, you are saying that it was on there that I couldn’t, what were you saying that the stipulation was?

 

Director Weaver stated, the stipulation is that the pole barn and sewing room may only be used for personal use. And you’ve signed it right below it.

 

Virgil Frey stated, okay.

 

Attorney Altman stated, we have a motion.

 

Don Ward stated, I make a motion that the fine be reduced from $500 to $200.

 

Dave Rosenbarger stated, second.

 

Vice-President Jay Clawson stated, all vote by saying eye. So be it. By August 12th if you can have a check for that violation.

 

Virgil Frey asked, and that was 200?

 

Vice-President Jay Clawson stated, $200 yes.

 

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#308 Marjorie L. Vandenburgh; Requesting approval of a 2 lot subdivision to be known as Family Acres, containing 3.356 acres, more or less, Part N ½ N ½ 30-28-4 in Monon Township. The property is located Southwest of Monon at 2538 W. 700 N.

Dawn Lewis stated, hi. I’m Dawn Lewis I’m Marge Vandenburgh’s daughter. I turned in a sheet to Diann saying that I can speak for her.

Vice-President Jay Clawson stated, okay.

Director weaver stated, I believe I sent a copy of that to the board.

Attorney Altman continued to read the letter. (See file.)

Director Weaver stated, I apologize to the board I did not make it up to the property to take pictures.

Vice-President Jay Clawson asked, and this meets all of the criteria?

Director Weaver stated, I believe so. Yes. You do have a letter in your packet from the surveyor’s office regarding drainage.

Vice-President Jay Clawson asked, has everyone seen the plat for this?

Attorney Altman asked, has everyone seen the letter from Mr. Sterrett? If you haven’t do you want me to read it? Or is that part of their packet Diann?

Director Weaver stated, yes it is part of their packet yes.

Attorney Altman stated, okay.

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

Don Ward asked, each lot is going to have their own well?

Dawn Lewis stated, yes.

Don Ward asked, private? Their own septic system?

Dawn Lewis stated, yes.

Don Ward asked, the street it is now what a fifty-foot right-of-way I think, on that road? Yeah Monon Road or whatever this is.

Dawn Lewis stated, it’s 700 North.

Don Ward stated, that’s good enough on that flat country I haven’t seen it but. That’s better than forty by a long ways.

Charles Mellon asked, what’s in that area now, pasture?

Dawn Lewis stated, yes. On that lot that we want to improve there isn’t any buildings. There is two cement slabs we’re there used to be grain bins but those will be taken out eventually so.

Attorney Altman stated, you understand that you have a tool shed and a barn that do not meet setbacks. If this subdivision is approved and if they burn down you can not replace it without getting a variance?

Director Weaver stated, they do meet setbacks. They are farm buildings.

Attorney Altman stated, they are not with in the…

Director Weaver stated, they only have to be six feet within the property line.

Dawn Lewis stated, I know the one is like twenty-seven foot.

Director Weaver stated, they are farm structures so they have different setbacks. These are home setbacks.

Attorney Altman stated, oh, home setbacks. Well assuming they are used for farm buildings.

Director Weaver stated, even accessory buildings only have to be five-foot.

Vice-President Jay Clawson stated, okay. Any questions from anybody else?

Dawn Lewis asked, so what does that mean?

Vice-President Jay Clawson stated, you’re all right.

Dawn Lewis stated, okay.

Vice-President Jay Clawson stated, it was a question between he and Diann. He thought at first in an A-1 if you, I mean if you were like gonna R-1, R-2 and these buildings were that close and they weren’t in the setbacks you may not be able to rebuild without getting a variance. But with being a farm they are farm buildings and you are in A-1, you can rebuild a farm building within five foot of the lane so you’re fine. The marks on the plat show where you can locate your house.

Dawn Lewis stated, right that is what I thought those were.

Vice-President Jay Clawson stated, so you are good. We’re ready to vote I guess.

Attorney Altman asked, Diann, does that meet the standard of the ordinance?

Director Weaver stated, as far as I’m aware of yes.

Vice-President Jay Clawson stated, anyone in the audience have questions or problems?

Harold Pratt stated, I do. I own the farm ground all around.

Vice-President Jay Clawson asked, can you please stand up and come to the microphone sir?

Harold Pratt stated, I’m Harold Pratt. And I’ve never met you.

Dawn Lewis stated, I’m Dawn Lewis.

Harold Pratt stated, I’m Harold Pratt.

Dawn Lewis stated, hi.

Harold Pratt stated, nice to know you. And I have a question. I’ve owned the farm for many, many years as a matter of fact when I got married I lived on this property. And I own all of the farm ground on three sides of it other than the road. And I’m a little concerned about in around my place. I don’t want to be a nuisance or contrary.

Dawn Lewis stated, well I can sure tell you.

Harold Pratt stated, but I know there is two box cars underneath one of those two barns that was put there by my father many years ago back probably in the thirties. And buildings has been covered that. There’s a big cowshed that has probably fifty by seventy-foot metal and I’m concerned about, as a matter of fact about the whole place that you are talking about. I started my married life in what she is talking about here. So I have a pretty good general feel of t he place and I’m kind of concerned about what goes in there. Because if you are talking about tearing out all of the buildings you’ve got two box cars underneath that one big building in there. That was put there in depression days. And by owning the 240 acres surrounding this I kind of wonder what’s going in there to fire breaks out it could even jump across over into Roger Overmeyer’s which is a couple thousand acre piece of property. And I’m not here to speak against it. I’m just here to find out a little more knowledge and to let you know where I stand. I do not know this lady and have no knowledge of what she is going to put out there. I have no knowledge if they are going to put up a house or something there. If they are talking about tearing the buildings down they have got a big metal cattle shed there. They’ve got a building with two long box cars underneath of it. They used to be full of grains and stuff like that. And to clean all of that up it is going to take quite a bit of effort and a little bit of expense. So I’m just here to kind of express where I’m at.

Vice-President Jay Clawson asked, did you see the picture of the proposed subdivision? What it looks like?

Harold Pratt stated, no I have never seen it.

Dawn Lewis stated, yeah all of the buildings are on the West Side. We’re talking about just the East Side of the property. There is no buildings on that.

Attorney Altman stated, come on up and look at it. This is just a two-lot subdivision.

Harold Pratt asked, so that means that two houses are going to go in there?

Dawn Lewis asked, can I answer any of this?

Attorney Altman stated, yes.

Dawn Lewis stated, I understand your guy’s concern. The East Side is what is going to be improved. There is going to be absolutely no buildings involved with that. And like we’re our driveway exists on the other side of the evergreens on the East Side is where she will put her driveway. So it will have a totally separate entrance. What trailer?

Kim Riley asked, is it a house or what is going to be built?

Dawn Lewis stated, there is going to be a house put there, an eighteen hundred square foot house.

Debbie Riley stated, where is the drainage going to go to?

Dawn Lewis stated, well we already checked into the drainage and there is actually a drain tile there, which you are probably aware of on the East Side on the fence line.

Harold Pratt stated, anything that goes across there is going to have to go across a quarter of a mile to get to the ditch.

Dawn Lewis stated, well I have already been talking to Ron Kyburz and he would check into what ever has to be done.

Kim Riley asked, the house is going to go in somewhere in this area here?

Attorney Altman stated, you need to be talking in the mic. Because if you don’t, it doesn’t get recorded. If it doesn’t get recorded it might as well not been said. I just wanted to show you what the plat was.

Debbie Riley asked, won’t they be awfully close together?

Attorney Altman stated, that’s within, this is, as I understand. Diann this would be exactly what an A-1 subdivision would allow, right?

Director Weaver stated, yes for a dwelling. Yes.

Attorney Altman asked, anybody else have any questions or want to look at this? Help yourself.

Debbie Riley stated, I just want to make a statement. My name is Debbie Riley. And we live a quarter mile well yeah about a quarter mile North of this location, this lot. And I, it is a very small area where they are looking at putting this. You know maybe at this point in time maybe they are planning building a nice home. Life changes, you knows in a year from now they move out of there what will go in if we allow that lot to be that area to be subdivided. I have concerns of the property value of that area. If we start allowing these areas to be subdivided.

Harold Pratt’s daughter stated, I just have a question about the drainage. She said something about checking with Mr. Kyburz. Will that drain, will that tie into my father’s tile? The farm tile? If this is going to, it’s going to have to go somewhere. It’s going to have to tie into something or cross someone’s property I would assume. So…

Don Ward asked, where’s it going now?

Harold Pratt’s daughter stated, I don’t know there is not another house there. I don’t know.

Don Ward stated, well it will have to follow the natural flow of the land that’s the law.

Harold Pratt’s daughter stated, I don’t know where it goes. That was my question.

Don Ward stated, it can if there is no tile it just runs where it wants.

Dawn Lewis stated, it is my understanding that the drain tile that is there on the East Side of the pasture right already hooks into his. Harold Pratt’s so I assume that it was put there back when he was there or whatever. Because there is a drain thing there in the East side and it is hooked into and goes into another tile as far as I’m aware.

Kim Riley stated, my name is Kim Riley and I live with my wife just North of you up there. The only thing is I notice one of you mentioned that the land is flat there and it is not flat. It is kind of a rolling area. There is actually a large hill that the house, that the trailer that is there now sits on. And it drops down from there onto that property that they are looking at. So it is not as level as you may think it is if you have never been out there you might want to look at it before you make this decision.

Director Weaver stated, Kim on their plan they do have contours. I mean I know that doesn’t it is not the same as pictures but they do have contours that gives them some idea.

Dawn Lewis stated, the home that is out there right now is not a trailer. I just wanted to correct that. It is a sectional, so there is not a trailer sitting out there any more.

Charles Mellon stated, we have a notation here in our literature that the surveyor has already approved that Family Acre Subdivision to comply with the White County Drainage Ordinance. It was filed in the surveyor’s office and then it said Indiana Drainage and Survey was prepared by James Milligan so it sounds like somebody has already been working on the drainage.

Jim McGill stated, my name is Jim McGill and I live just East of the property and that we are talking about in the woods. My concern also is the house going in there. If it is a house I don’t have a problem with it. A trailer house I’d buck that as far as it could go but. When I built my house I had to have a hundred feet on each side. This variance eliminates all of that. From my neighbor to my house I had to have 100 foot on each side when I built my house in the woods. According to the planning commission over here in Monticello.

Director Weaver asked, when was that? How many years ago?

Jim McGill stated, well it was twenty-nine years almost thirty years ago. But they told me that I had to have 100 foot on each side of my house or I could not build out there. But anybody who owns the ground can come right up next to it and build. Which I don’t agree with but.

Vice-President Jay Clawson stated, well they have to have their setback.

Jim McGill stated, that is why I am asking on this here. Does this here subdivision do away with this?

Vice-President Jay Clawson stated, no it still covers the same setbacks as…

Don Ward stated, those setbacks are still there.

Vice-President Jay Clawson stated, 60 foot…

Jim McGill asked, so it is not 100?

Vice-President Jay Clawson stated, 60-foot front. 100 from the rear and 15 from the sides.

Jim McGill asked, so I only had to have fifteen foot from somebody’s…

Don Ward stated, well we don’t know what the rule was when you built yours.

Jim McGill stated, I’ve still got my paper I’ll dig it out and find out.

Vice-President Jay Clawson stated, they changed the ordinance.

Jim McGill stated, they must have changed it quite a bit because that was the law back then evidently at least that is what I was told. And I paid money to have that told to me so that is the only concern I have is 15 foot now a days and 100 foot back then.

Don Ward stated, well there is a lot of room there. That leaves 120 feet to build the house in. An 1800 square foot house would be very narrow to cover all of that. It will be a long distance from the property line.

Jim McGill stated, okay that was my concern.

Vice-President Jay Clawson stated, and that is a minimum.

John Byroad stated, my name is John Byroad. I live just North of this. And my concern is partially where the drive comes out on the road it’s on a corner over a hill. It’s gonna be a blind spot and last summer I almost ran over a little kid coming out of the drive. I came close. I think it is going to create a worse problem. Being it is right in the curve and it is right across… if in fact it is a house I don’t have a problem. But if it should turn into a house trailer or something I would have a real problem. Thank you.

Director Weaver stated, our ordinance does allow for a mobile home or a manufactured home to go in an A-1 zoning. Just so…it does, just so that you are aware of that.

Attorney Altman stated, what that means is we couldn’t stop her if she wanted to put one in. We just don’t regulate that finely shall we say or if she wanted to have a stick built house. And that is just the way it is, I’m sorry to say it that way. But we can’t stop…

John Byroad asked, can you put a commitment on this so that they have to build a stick built house?

Dawn Lewis stated, there was a mobile home on that property when we purchased it. And we have improved and put a sectional on there as it is and I understand your concerns but at the same time. You know, if they saw that we’ve lived there for two years and have improved it by putting an eighty thousand dollar home on there verses a fourteen by seventy trailer. I don’t understand why they would assume that I would put a mobile home on there again. My purpose for doing this and just so that everybody knows. My aunt became widowed a year ago. And my mom and I are her only family left so that is why we want to put the house out there so that she is near somebody she is seventy years old. She lives up in Wheatfield all by herself. That is forty miles away from anybody. If something happens to her nobody could help her.

Attorney Altman stated, I understand that and I sympathize with you. But please understand that doesn’t limit what somebody someday can put on there.

Dawn Lewis stated, I’m sorry one of their concerns were that in a year what if we move. Well I don’t see that happening, you know and I mean yes something could happen where we would have to move. But I really don’t see that happening. I mean, my aunt wouldn’t go through putting a house out there if this is approved to up and move in a year. You know she is seventy years old, my mom is seventy-two years old. So I don’t think they ever want to move again for the rest of their life. So…

Harold Pratt asked, so you say you are going to put a stick built house on there?

Dawn Lewis stated, actually it will be a sectional like ours. But it will be an eighteen hundred and twenty five square foot home. So it will have a foundation and everything it’s not a trailer.

Vice-President Jay Clawson asked, can you put a trailer on an A-1?

Director Weaver stated, no. A mobile home can go in any zoning. We don’t regulate it. In the towns, the towns have ordinances that regulate it.

Attorney Altman stated, that is what I mean we don’t regulate that in the county.

Vice-President Jay Clawson asked, are we ready to vote board?

Don Ward stated, I think so, it’s met the requirements.

Vice-President Jay Clawson stated, one more question from the audience.

Harold Pratt stated, I guess I am more concerned by owning the farm ground all around there. It is the first I have ever met this lady but I am concerned about what goes in there for the future. I know that if you put a nice place in there or a home or whatever, you’ve still got the buildings and stuff back with that. There is even two big ground grain bins that my tenant Andy Altman that farms my farms and he removed the grain bins so there is two great big concrete foundations there. That has to be kind of in your plans of where you’re because there is too many buildings and stuff in back of it. This is what concerns me of the future. How well kept up it is going to be. I can not demand anyone to keep up their property. But I can be concerned about who’s in there, they might se the corn fields on fire or something like that. Because the only thing that is separating that is a fence that goes around and I’m not trying to buck you or anything. But I am just concerned about if the buildings was all going to be torn down and a house put in there yes I could go along pretty easy with that. But to put something in there and then have these other buildings in back of it. Not knowing what the future might be. Who is going to be in there for this year or next year or some place down the road? Mr. Riley lives pretty close there too. My farm is right there on the corner. My son-in-law owns a pretty good piece of ground that joins my farm and we are kind of concerned about what goes in there for the future. Like I said I have no objection if it is a respectable looking building going in there. But I would be more favorable of it say the big pole barn and the two boxcars and the building over that was removed and this is what concerns me. I’ve said enough.

Vice-President Jay Clawson asked, anybody else? Let’s go ahead and vote.

The Primary Approval for a 2-lot subdivision to be known as Family Acres Subdivision was approved by a vote of 7 to 0, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met.

Vice-President Jay Clawson asked, is it ready for the secondary?

Director Weaver stated, yes. It is ready for secondary.

Attorney Altman stated, because there are no improvements to be in this matter.

Director Weaver stated, correct.

Attorney Altman stated, and because it is a two-lot subdivision, it can go to secondary this evening. Right?

Director Weaver stated, right.

The Secondary Approval request for a subdivision to be known as Family Acres Subdivision was approved by a vote of 7 to 0, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met.

Attorney Altman stated, and no conditions were set on the approval. So you have ten days to wait and appeal and then the subdivision will be final now.

Dawn Lewis asked, okay, do I receive notice in the mail or something? It is just a ten-day waiting period?

Attorney Altman stated, no. Mark your calendar and come see Diann.

Dawn Lewis stated, okay. Thank you very much.

****

The meeting adjourned.

Respectfully submitted,

Donald W. Ward, Secretary

White County Area Plan Commission

Diann Weaver, Director

White County Area Plan Commission