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The White County Area Plan Commission met Monday, August 14 2006, at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Gary Barbour, Charles Anderson, Charles Mellon, Donald W. Ward, Dennis Sterrett, Greg Bossaer, and David Scott. Also attending were Attorney Altman and Director Weaver.

Visitors Attending were: Bob High, Gayle Boyer High, William Klimas, Dana Eaton, Gary Stuart, Bob Young, Jim Mann, Don Pauken, John Brettnacher, Rick Robertson, Carroll Robertson, Bob Marlatt, Laura Marlatt, Leo Mysky, and Noel Lyons (Deputy)

The meeting was called to order by President Charles Anderson and roll call was taken. Don Ward made a motion to dispense with reading and approve the minutes of the, July10, 2006 meeting. Motion was seconded by Charles Mellon and carried unanimously.

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#908 Forest Richard II & Carroll B. Robertson; The property is located on .436 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.

President Charles Anderson asked, is there somebody here representing that request? Please step forward.

Rick Robertson stated, my name is Rick Robertson.

Director Weaver stated, I wanted to explain to the board what is going on. This was at our last meeting but the legal description that we had at the last meeting did not include what they acquired from the abandoned railroad. So this includes the whole tract. And it did not go on to

the City Council we caught it before it went to the City Council so this is the same request just coming back to you so it includes all of the property instead of just part of the property.

President Charles Anderson asked, the commissioners have any questions about the request? Anybody in the audience have any questions about the request?

Attorney Altman stated, so this is basically the same thing only bigger and better.

Director Weaver stated, right.

President Charles Anderson stated, and it’s been there for a lot of years.

Attorney Altman stated, yes that’s true, larger real estate and the same use.

Dennis Sterrett asked, so last time we didn’t have the Railroad crossing?

Director Weaver stated, correct.

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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#910 Gayle Ann Boyer High; The property is located on Lots 41-53, Pt Lot 40 in Lakeside Heights Addition and .21 of an acre of the Vacated Parkway Drive, located North of Indiana Beach at 2875 N. West Shafer Drive.

Violation: Divided property that occupied a grandfathered resort creating violations of the White County Zoning and Subdivision Ordinances.

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

President Charles Anderson asked, is there somebody here representing that request? You want to stand up and state your name?

Gayle Boyer High stated, I’m Gayle.

President Charles Anderson stated, Gayle. Okay I’d say lets go ahead and deal with the violation. At the time you split that up, do you have any idea what was going on as far as that you were going to be out of compliance.

 

Gayle Boyer High stated, no I did not.

 

President Charles Anderson asked, did the surveyor say anything about it to you?

 

Gayle Boyer High stated, no he did not.

 

President Charles Anderson asked, do the commissioners have any questions about for them about that?

 

Don Ward asked, did that have a road that went all the way around?

 

Gayle Boyer High stated, it did years ago.

 

Don Ward asked, but it hasn’t for a while?

 

Gayle Boyer High stated, oh I have no idea. It was before my mother bought it and that was back in seventy-six or seventy-seven. And that road was already closed.

 

President Charles Anderson asked, is it still platted on that?

 

Gayle Boyer High stated, as far as I know it’s…

 

Don Ward asked, is that a private road, Hairpin Drive? Is that private?

 

Gayle Boyer High stated, Hairpin Drive only goes part way back.

 

Attorney Altman stated, it looks like it is doc, it looks like it has been vacated about halfway back according to the county records or the staff report.

 

President Charles Anderson stated, so it is vacated.

 

Don Ward asked, does it, it does include all the blue buildings and the tan building that faces the west? Is that included in this? It doesn’t look like it.

 

Director Weaver stated, this includes all of the resort. All of the interior of that Hairpin Court.

 

Don Ward stated, okay just as though the drive went all the way around.

 

Director Weaver stated, your staff report is not highlighted correctly.

 

Don Ward stated, well the black is not. Okay so that is part of it.

 

Director Weaver stated, on what she has given them, she hasn’t highlighted or darkened all of the areas.

 

Gayle Boyer High stated, okay.

 

President Charles Anderson asked, do we have any other questions from the commissioners?

 

Dennis Sterrett asked, so what did we do, end up with two tracts? And we only had one tax I.D. number?

 

Director Weaver stated, right.

 

President Charles Anderson stated, so if you split it up and got two tax I.D. numbers and that took it out of compliance with what it is what she wants to do now is bring it back into compliance.

 

Dennis Sterrett asked, even though they had all of those lots, they only had one tax key number?

 

Director Weaver stated, right.

 

Attorney Altman stated, so basically she hasn’t changed the use or anything about the use except for she surveyed it off when and in surveying it off it made a violation. That’s what Diann then had to decipher. So she hasn’t done anything different with it.

 

Demita Mysky stated, excuse me. I couldn’t get a commercial loan on this that’s why it was surveyed off. I could only get a residential loan…

 

Attorney Altman stated, your name ma’am.

 

Demita Mysky stated, my name is Demita Mysky.

 

Attorney Altman asked, and how are you…

 

Demita Mysky stated, I am buying the property. And I could not get a commercial loan I had to get a residential loan and there fore I could not, we separated the cottages from the house and I got the loan on the house and I was going to do a separate contract with her for the cottages. But that is the only way I could get a loan on it. Because the place has been vacated for four years.

 

President Charles Anderson stated, so essentially she, you guys had no idea that you were in violation with the zoning on that. Does anybody have anybody, she was sent the letter and everything and you came in and she came in within plenty of time to do that.

 

Director Weaver stated, yes she came in very promptly yes.

 

President Charles Anderson asked, so does anybody have any ideas on? There is a fine or something like that.

 

Dennis Sterrett stated, she is going to end up in it all, owning it all anyway.

 

Demita Mysky stated, I will yeah.

 

Gayle Boyer High stated, yeah.

 

Demita Mysky stated, but it is two separate, two separate bills you know.

 

President Charles Anderson asked, do you want to make a motion on this?

 

Greg Bossaer stated, I did.

 

President Charles Anderson stated, all in favor of waving the fine.

 

Don Ward asked, what did he say what was it?

 

President Charles Anderson stated, he wants to wave the fine on that.

 

Don Ward stated, well we didn’t do it on the guy from Idaville. What do the rest of you think?

 

President Charles Anderson stated, we have a motion right here.

 

Dennis Sterrett stated, I’ll second the motion.

 

President Charles Anderson asked, do you want to go ahead and have a vote on that motion? All in favor of waving the fine raise your right hand. Opposed?

 

Attorney Altman stated, the vote was five to zero.

 

President Charles Anderson stated, okay then the next would be she is requesting to bring this into compliance and to do that she has got to go from an R-2 to a B-2. Are there any questions about that?

 

Don Ward asked, well how is that gonna affect the two parcels? One is a home, right? One is your home?

 

Demita Mysky stated, and the other is commercial.

 

President Charles Anderson stated, they split the…

 

Demita Mysky stated, well the lender told me that I would need 100 percent. If they were to rezone it commercial the lender that financed the home would need 100 percent rebuild letter.

 

Don Ward asked, so you need it all to be B.

 

Demita Mysky stated, if we are going to rezone it all to commercial, my lender will need a 100 percent rebuild letter.

 

President Charles Anderson stated, the home area is going to stay with the old…

 

Demita Mysky stated, with the old…

 

Director Weaver stated, but the home is where the office is at.

 

Demita Mysky stated, no it is no longer there.

 

Director Weaver stated, but it was.

 

Demita Mysky stated, yeah it used to be…

 

Gayle Boyer High stated, it is a single-family residence.

 

Director Weaver stated, okay plus it has an in ground pool. Is that in ground pool used for the resort or is it used for private use?

 

Demita Mysky stated, well it would be after I purchase the second parcel from her. Once I own it all. Right now I just have the house and the pool and the land. And I had to do that to get a loan on the property because they would not do a loan for it because it sat. There was no rent roll, it had sat for four years and it just, no one has done anything with it. There was no proof of income.

 

President Charles Anderson asked, so the house is staying residential?

 

Director Weaver stated, I think the house was used as residential but it was also used for the office.

 

President Charles Anderson asked, right but is the whole thing going to business?

 

Director Weaver stated, we have requested that the whole thing go to rezone…

 

President Charles Anderson stated, so the whole thing is going to business. And your bank will still loan you a residential loan on a…

 

Demita Mysky stated, it’s already been, I’ve already got the loan I just they just need a 100 percent rebuild letter from the county here. Just so that if it was to burn down and…

 

President Charles Anderson stated, you would be able to rebuild the way...

 

Demita Mysky stated, yeah.

 

Director Weaver stated, but we don’t have enough information at this point in time to, I don’t think to determine that. If she is going to leave these as two parcels I think she is going to have to go through subdivision. And she is also going to have to go through a variance for the existing building.

 

Don Ward stated, well we need to see the split.

 

Director Weaver stated, because the existing buildings don’t meet setbacks.

 

Attorney Altman stated, I understood that it was all going together…

 

Director Weaver stated, that was my understanding also.

 

Demita Mysky stated, it was fine to do that but the lender would just want a rebuild letter a 100-percent rebuild letter.

 

Director Weaver stated, but that is what I’m saying I don’t know that we can give you without knowing that those buildings meet setback requirements or you’ll have to go through the variance process to bring them into compliance.

 

Demita Mysky asked, you can’t just do the one parcel commercial and the other parcel not?

 

Director Weaver stated, then you could not use the one part for the business use at all.

 

President Charles Anderson stated, you wouldn’t be able to use the pool.

 

Demita Mysky stated, oh okay.

 

Director Weaver stated, or the home as the office.

 

Gayle Boyer High stated, you are not going to use the home as the office.

 

President Charles Anderson stated, no but you are going to use the pool.

 

Demita Mysky stated, no the pool we would use yeah.

 

President Charles Anderson stated, it would still be part of the business at that point.

 

Demita Mysky stated, but see yeah. So its there is nothing I can do I couldn’t get a loan on commercial property for it because it sat for so long with no occupancy in it.

 

Gayle Boyer High stated, I sold it on contract and the guy defaulted and I got it back.

 

Demita Mysky stated, so the only way that I could buy the parcel is to separate the house off and put as much value on the house then on the cottages.

 

Attorney Altman stated, I think that if you put it all together you can have it rezoned this way. And that is what the department head had recommended to you. So that you can do that…

 

Demita Mysky stated, which the lender had no problem with that, they just need the rebuild letter.

 

Attorney Altman stated, but if you are going to get a rebuild letter then I think what are director is saying…

 

President Charles Anderson stated, if it doesn’t meet setbacks you can’t, you can only go a certain percent rebuild on how much damage.

 

Attorney Altman stated, so that you would need, in other words we can if they choose to allow the vote go to B-2 like you are requesting. If the commissioners grant it then you are back to where you were. And then you don’t have a problem with the zoning and with the setbacks.

 

President Charles Anderson stated, the only problem you have is with the…

 

Attorney Altman stated, that is exactly right, then you have the problem with the lender and the only way I think you can get rid of the problem with the lender is to go through a variance and a subdivision.

 

Demita Mysky asked, and what does that entail?

 

President Charles Anderson stated, you go to the Board of Zoning Appeals. And get a variance and then you would have to bring it back to us because of the subdivision.

 

Director Weaver stated, if she gets the variance and the Mortgage Company will let her combine it back together then wouldn’t need to go through the subdivision. Correct?

 

Don Ward stated, right. I don’t think she would, would she?

 

Several people said no.

 

Attorney Altman stated, if that’s right. Yeah if they will allow…

 

Director Weaver asked, is that what you are saying? If you can build those buildings back as they sit right now?

 

Demita Mysky stated, just the house is all that they are concerned with if I can rebuild that house 100 percent house that’s what they more or less. Cause that is what they loaned on is the house.

 

Don Ward asked, how can we get that letter though without setback lines and stuff?

 

Attorney Altman stated, that’s what a variance would allow. That’s what a variance would allow.

 

Don Ward stated, so put the two together, get a variance from the BZA and rezone it all together and that would clear it. That would be the easiest way.

 

Attorney Altman stated, she can continue the rezoning and then if she wishes to request a variance if that’s granted then I think we can probably give her the letter you know that she…

 

Don Ward stated, but later they are going to see the property, the survey of the property…

 

Director Weaver stated, they had a survey done to separate them out.

 

Don Ward stated, they need to see where those buildings are. Where that house is or the BZA will never give the approval.

 

Attorney Altman stated, no you are exactly right but I think she has got some of that done.

 

Don Ward stated, she has probably got all of it done, maybe.

 

Attorney Altman stated, maybe.

 

President Charles Anderson asked, so can we go ahead and give her B-2 now or do we have to see…

 

Attorney Altman stated, no it’s okay to proceed. It’s only her lender that is the problem, Doc. So I don’t think that we have any problems with proceeding to basically put it back the way it was.

 

President Charles Anderson stated, well and if we don’t then she is delayed on what she wants to do too.

 

Attorney Altman stated, I think so.

 

President Charles Anderson stated, and then go to the BZA.

 

Demita Mysky stated, I’d like to fix it up and make it presentable.

 

Attorney Altman stated, but you are going to have to do the other. And that is the next step but I certainly think you want to proceed with this step.

 

Demita Mysky stated, yeah.

 

President Charles Anderson asked, is the house in fairly good shape now?

 

Demita Mysky stated, yeah the house is in real good shape. It’s the cottages that are really bad.

 

President Charles Anderson stated, the house probably wouldn’t be much of a problem if it was in fairly decent shape. Anybody in the audience have any questions about this request? Any of the Commissioners have any more questions about the request? I’d say let’s go ahead and vote on it.

 

Dennis Sterrett asked, I have a question are we voting to rezone both tracts? Do we have the other legal for the other tract or is that included?

 

Director Weaver stated, I believe this legal includes both of them.

 

Dennis Sterrett stated, okay.

 

President Charles Anderson stated, so you need to go see Diann about seeing the Board of Zoning Appeals.

 

Demita Mysky stated, okay see Diann about that.

 

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.

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#911 Robert K. & Laura D. Marlatt; The property is located on 3.66 acres, Part N ½ SE ¼ 12-27-4 in Honey Creek Township, located Northwest of Monticello at 2681 E. 325 N.

Violation: None

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

President Charles Anderson asked, yeah you want to state your name?

Robert Marlatt stated, yeah Robert Marlatt.

Laura Marlatt stated, Laura Marlatt.

President Charles Anderson asked, the commissioners have any questions about the request? Anybody in the audience have any questions about the request? Is there any particular reason you want to do what you are…?

Laura Marlatt stated, we would just like to get horses someday so that is why we are changing.

President Charles Anderson asked, how many total acres do you have out there?

Robert Marlatt stated, 3.66 acres.

Dave Scott asked, changing the zoning doesn’t put any of the buildings in violation does it?

Director Weaver stated, I have no idea where those buildings set on the property and I have nothing telling me whether they are meeting setbacks or not. This property was previously zoned agricultural. It was rezoned to residential in 2005.

Dave Scott asked, Ag is all around?

Attorney Altman stated, since the buildings look like they are old and that was no problem when that was an A-1 but now that you have changed back you may have to check to see if it is in compliance. The buildings okay the setbacks. Cause R-2 has…

Laura Marlatt asked, can I see a photo?

Robert Marlatt asked, yeah what photo are we looking at here?

President Charles Anderson asked, how far off the road is the house setting right now?

Robert Marlatt stated, what buildings look old?

Attorney Altman stated, the house does.

Dave Scott stated, well this concern about the house.

Robert Marlatt asked, the house looks old?

Don Ward stated, no he doesn’t mean that he just means that the design and everything are.

Attorney Altman stated, it looks like it’s pre 70’s.

Director Weaver asked, what year was the house built?

Robert Marlatt stated, that house was rebuilt in 2001, or 2000.

Don Ward stated, architecturally it’s like an older home.

Attorney Altman stated, architecturally, I thought it looked like a farm house with meaning it’s probably been there for a long time that’s what I mean by that.

Robert Marlatt stated, oh okay.

Dave Scott stated, I just want to make sure that if they change the zoning they didn’t put you in violation so you don’t have to go through what we just went through with the other lady.

Robert Marlatt stated, okay.

President Charles Anderson asked, how far back from the… Is it off of 325 or is it off of…

Robert Marlatt stated, yes.

Laura Marlatt stated, yes.

President Charles Anderson asked, how far back are they? Is the house from the county road?

Don Ward stated, a pretty good distance looks like from the photograph.

Dennis Sterrett asked, do you have any idea?

Robert Marlatt stated, I couldn’t tell exact feet. No but it’s quite a ways off it’s not sitting right on the road.

Dave Scott asked, what is the setback for ag?

Director Weaver stated, 60 foot from the road right-of-way.

Don Ward stated, it looks like it’s got plenty of room.

Dennis Sterrett asked, what about the rear of an accessory?

Director Weaver stated, rear for an accessory, if it is farm use, is five foot. The rear on a home is 100 foot.

President Charles Anderson asked, any other questions from the commissioners?

Dave Scott stated, if we would approve this they are at their own risk as far as it being in violation since we don’t have a survey.

Attorney Altman stated, survey, I think you are exactly right Dave they are doing it at their own risk. If you get yourself into violation then you need to do something about it.

President Charles Anderson asked, does anybody in the audience have any questions about the request? What do the commissioners think about doing this without knowing that part? Without knowing what the setbacks are for the house.

Don Ward stated, well I think the house is plenty far back I don’t what’s the, what are the dimensions on the property, it looks like a rectangle? Do you have any idea?

Robert Marlatt stated, we got some stuff here.

Dave Scott stated, it probably won’t come into play unless they come in to get their permit to make an improvement or something.

Attorney Altman stated, the survey looks like it is roughly 246 by…

Don Ward stated, 650…

Attorney Altman stated, 400 and some odd feet. 430 feet.

Don Ward stated, about 250 by 650.

Attorney Altman stated, yeah, your right I see the 600 I was reading it wrong, Don.

Don Ward stated, so I think they’re okay.

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.

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#912 Pannar Genetics, Inc; The property is located on 5.00 acres, Part NE NE 24-25-5 in Prairie Township, located West of Brookston at 10196 S. 300 W.

Violation: None

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

President Charles Anderson asked, do we have somebody her representing that request? Do you want to state your name?

Dana Eaton stated, yes my name is Dana Eaton.

Gary Stuart stated, Gary Stuart.

President Charles Anderson stated, and you are presently rezoning form A-1 to B-2 on the property. The commissioners have any questions? Anybody in the audience have any questions at all? Okay if nobody has any questions…

Don Ward stated, probably the only thing I thought of was the, you have a 20 foot right-of-way now, each side of the centerline. It would be nice if we had twenty-five or thirty but I don’t, if we were subdividing we would ask for it but, you know seventy-five or so. I don’t imagine it would matter anyway. They are not going to build up close so. If some day they want an extra five or ten feet to build the road up better you’re not gonna have a lot of trucks and stuff in there are ya?

Robert Marlatt stated, no.

Don Ward stated, I don’t know, in this case we need to ask for it.

President Charles Anderson asked, any other questions? Let’s go ahead and vote then.

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.

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#913 William Klimas; The property is located on .174 of an acre, Out SW SE 33-27-3 in the City of Monticello, located at 546 S. Illinois Street.

Violation: None

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

President Charles Anderson asked, you want to state your name?

Jim Mann stated, Jim Mann, Real Estate Network.

William Klimas stated, William Klimas.

President Charles Anderson stated, the commissioners have any questions about the request?

Don Ward asked, what is that business North of you? Right there, those buildings.

Jim Mann stated, that is a warehouse for Twin Lake Painting. If it is right to the North, yeah.

Charles Mellon stated, the old assessor no they bough that. She’s got the buildings down there South of there. That sold it was a lumberyard auction. When those painters bought that. Yeah.

President Charles Anderson asked, anybody in the audience?

Don Ward asked, is that street to the, it is suppose to go clear passed your property right to the railroad track? And it never went on apparently, and it is very narrow I don’t know what it is but. It’s quite narrow.

President Charles Anderson asked, any other questions from the commissioners?

Jim Mann stated, there is a copy of the survey Diann, on there.

Director Weaver stated, they have it on the back of their Staff Report.

Jim Mann Stated, Mr. Klimas has an individual that would like to buy the property and so the premise here is the individual in order to get a loan needs to be rezoned for him to go forward with the loan. According to his lender. So that’s the main thing here. It is a residence and will continue to be a residence.

President Charles Anderson asked, any other questions from anybody in the audience or anything? Commissioners have any other questions if not I’d say 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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#914 Bobby L. & Sharon L. Young; The property is located on 1.52 acres, Out S NE 33-26-4, in Big Creek Township, located at 6260 S. State Road 43.

Violation: None

Request: They are requesting to rezone from A-1, Agricultural to R-2, One and Two Family Residential.

President Charles Anderson asked, do we have anybody here representing that request? Commissioners have any questions about the request?

Bob Young asked, I had one question though when they ask that she is not doing the whole two acres, is it?

Director Weaver stated, no. No the part that was rezoned to B-2 or B-1 is gonna continue as B-1.

Attorney Altman asked, and that is out front on the highway right?

Director Weaver stated, yes.

Don Ward asked, what’s on that corner? Is that a pumping station?

Director Weaver stated, no.

Bob Young stated, we don’t want to bring up the pumping station.

Director Weaver stated, that is where they have rezoned the corner to a B-1 where they had a roadside market at one time.

Don Ward stated, oh yeah I remember that.

President Charles Anderson asked, any of the commissioners have any questions? If not I’d say 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 White County Commissioners for their action.

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President Charles Anderson stated, next on the agenda is business.

Director Weaver stated, I just want to give an update we have and I didn’t bring my file, but. We had a request in front of us earlier this year for boat and auto detailing and auto storage on east property up by Lowe’s Bridge. Last name…

President Charles Anderson asked, across from Apple’s Trailer Park?

Director Weaver stated, yes, exactly. I have sited them with a violation because they proceeded to go ahead and do business. They have paid their fine and they have filed to do a special Exception and that with be incurred at a later date. But I wanted to give the board an update of what was going on with that property.

Attorney Altman stated, that will be heard by BZA.

Director Weaver stated, yes.

President Charles Anderson asked, anybody else have anything?

Don Ward made a motion to adjourn.

Gary Barbour 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