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The White County Area Plan Commission met Monday, September 11, 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, Greg Bossaer, and David Scott. Also attending were Attorney Altman and Director Weaver.

Visitors Attending were: Terry Beasy, Shelly Beasy, Melissa Savage, Marie Nickerson, Lee R. Miller, Demita Mysky, Don Pauken, Ben Woodhouse (deputy).

The meeting was called to order by Vice President Vice President Jay Clawson and roll call was taken. The minutes of the August 14, 2006 meeting were approved.

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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.

Vice President Jay Clawson asked, do we need to read this letter into…

Attorney Altman stated, yes, apparently we have received a letter dated 9-8-06 addressed to Diann Weaver at the White County Area Plan Commission. Reads suggestions for changing the zoning at 2875 North West Shafer Drive.

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

Vice President Jay Clawson asked, any one else have any questions in the audience? It’s your time to speak if you…

Marie Nickerson stated, Okay I live at… I’m Marie Nickerson. I live at 4824 hairpin Court. Which I face the motel or the resort, the resort is about four-foot off the road and I face it. Really you would call the resort on Hairpin Court. I wanted to ask one question if it is rezoned will that change my zoning?

Vice President Jay Clawson stated, no.

Marie Nickerson stated, okay I have a reverse mortgage with Wells Fargo and they will not give me an answer. They do say here that changing any home zoning classification or neighborhood classification so okay. I did want to say one thing that went along with what they said at the term of the first meeting I had no qualms it was a very, this is a very quaint old resort. It was a beautiful yard, nice shrubs. But something has happened since the first hearing we’ve had four carloads of Spanish people come in and ask me to rent if they could alquilar un cuarto, that’s rent a room or live, vivir en su casa and I always say de nada and point down to their house. But these people, I worked in a factory with ninety five percent Spanish. I like these people real well. These are not the same people they were one, one car was probably had ten I don’t believe that anybody could even drive in the car, they were that old. And they were wanting to find a motel room to live in, the other one had an intoxicated man in it and a woman and maybe five or six dirty children. And I just, I was wondering to save the value of my home if I wouldn’t want this to happen. I wouldn’t mind living next door to one. But that is eleven motel rooms plus a house and maybe an apartment. We could have an awful lot of, it could become a little Monon. Really I feel like that. That if there was some way to protect that happening right there in that neighborhood. I never gave any thought to it till now. They painted the motel bright yellow. Very bright utility yellow and I think this is what interests these people in coming in I really do. But that is my interest I just want to keep the value of my property up and it’s a beautiful little resort and the resort is fine with me but it is somewhat what they said I believe. I think that’s about it, thank you.

Vice President Jay Clawson asked, anyone else in the audience have any questions about this property? Does anyone on the board have anything to say about the conditional approval requested by or do we want to give it a blanket?

Attorney Altman stated, she hasn’t requested.

Vice President Jay Clawson asked, I mean does anybody on the board have anything to…

Don Ward stated, well Hickman’s requested something. Well they are only suggesting I guess.

Attorney Altman stated, the applicant has the right to present however they want to and it hasn’t been presented on a conditional basis.

Vice President Jay Clawson stated, or we, or we if we as a board feel that it is justified…

Attorney Altman stated, you can certainly…

Vice President Jay Clawson stated, we can ask for that, we have asked for a lot of other conditional zoning.

Attorney Altman stated, you can ask for it.

Vice President Jay Clawson stated, to be run as a resort, yeah, I think it is set up that way. And it’s but as far as to go in and set it up in that area for any other type of business I really don’t know if it’s, you know the rest of the board has to feel. How does everybody else feel about that?

Don Ward stated, well that is basically what it is and how it is probably going to stay is a resort or it could be residential in the winter.

Vice President Jay Clawson stated, right.

Don Ward stated, and a resort in the summer.

Attorney Altman stated, the variance set forth that they would have certain setbacks waivers for this type of resort use so that they can comply with the variances. It was presented to be a resort use so that however if they basically changed and decided they didn’t need those variances at all with a B-2 use whatever that would be they could go ahead and use it as a B-2 as long as they didn’t require a variance. Or require to use the variance they asked for.

Director Weaver stated, they didn’t ask for a variance.

Attorney Altman stated, I thought we gave them a variance.

Director Weaver stated, no. No there has been no variance requested as of yet on this property. We discussed the possibility that they might need some variances. But there has not been any variances filed as of yet.

Don Ward asked, didn’t we discuss having a plat showing exactly where the buildings are located?

Director Weaver stated, we talked about whether we had something.

Don Ward stated, well we don’t have anything do we and we need it.

Director Weaver stated, we don’t have anything and that’s why we were not sure about in need for a variance.

Don Ward stated, right.

Attorney Altman stated, I guess that’s why I thought we had a variance.

Director Weaver stated, yeah we did discuss variances but we didn’t have the documentation to know if there was one necessary or not.

Attorney Altman stated, okay I see. I stand corrected.

Vice President Jay Clawson stated, cause I’m still, I read this here about where it didn’t say anything in the minutes about a variance and I didn’t know if they were on the docket.

Director Weaver stated, no not at this time.

Vice President Jay Clawson stated, okay so they haven’t.

Director Weaver stated, they are aware though that might be something that is necessary.

Vice President Jay Clawson stated, okay. Most of the other resorts in the area are they grandfathered with the age of them? Or are most of them…

Director Weaver stated, well the ones on Indiana Beach Road are zoned B-2.

Vice President Jay Clawson stated, okay. They all are.

Dave Rosenbarger asked, how are we going to know if they need a variance or not though?

Director Weaver stated, part of that is going to be determined because they have split the property and that is part of their violation that they had. If they don’t combine that property back together then they are going to have to definitely going to have to have variances to bring the properties into compliance and they are also probably going to have to go through a subdivision. Because right now it is an illegal split but I have talked to them about this and they are willing to combine the property back together. If they do that I don’t know that I will know if they need a variance or not. And if they don’t improve their structures more than fifty percent of their value I won’t require a variance.

Gary Barbour asked, well how can we act on this without knowing whether or not they are going to be in compliance?

Vice President Jay Clawson stated, right. Because by doing this aren’t we creating a non-conforming use?

Gary Barbour asked, which could possibly be, so how can we do this without knowing for sure that they don’t need that variance?

Attorney Altman stated, you don’t know and therefore you have this presented and this much evidence presented and they don’t seem to want to present any more and that’s basically…

Demita Mysky stated, we weren’t told to bring anything in.

Attorney Altman stated, this is your presentation.

Demita Mysky stated, right but we were not told, what we did was when we found out we were in violation we went right to Diann Weaver and talked about it. And she told us the first step we gotta do is to come in front of the board. So we did the next step is to come back to Diann Weaver and find out what I have to do next to get it put back together. That was the procedure that I was told by Diann Weaver.

Charles Mellon asked, what did you do after that?

Demita Mysky stated, we haven’t gotten that far because we had, someone didn’t get notified everything was taken care of at the last meeting. And we were going, I was going to be at seven or eight o’clock in the morning I was going to show up…

Director Weaver stated, eight thirty…

Demita Mysky stated, and then I was told not to come because we had to start all, we had to go over it again. So here I am and waiting for this to I mean it was going to be zoned B-2 last time we were here. So and then I was going to go back to her office and start the next process of putting it back together and doing what it was to put it back to the resort. But had I needed to bring anything in I would have done so.

Diann Weaver stated, I’m still not sure that I’m following what you’re trying to say.

Gary Barbour stated, I guess my concern here is that if we pass this we say it’s okay to go ahead and rezone it to B-2. If we rezone it to B-2 is she in compliance or does she actually need a variance to be able to use it as B-2? What are the setbacks where are the property lines for this property for these buildings, you see what I’m saying and if we give her this zoning and I’m not against giving her the zoning but how can we guarantee ourselves as a board as a community that…

Demita Mysky stated, this was already an existing resort, it was already existing. It’s been that way for many a years since Ms. Pearl owned it back in 1975.

Gary Barbour stated, I understand that but we changing the use of the property now so…

Director Weaver stated, we’re not changing the use.

Gary Barbour stated, well we are changing the zoning, which now we can be making it a non-compliant structure.

Vice President Jay Clawson stated, structure.

Gary Barbour stated, because this variance, because the setbacks may not be met and she may need a variance. How can we insure ourselves that that is going to happen? You see what I’m saying?

Director Weaver stated, but any rezoning we do, we do not have, it is not required for them to present a survey.

Gary Barbour stated, how can we be sure that we are going to be in compliance I guess is what I’m saying.

Director Weaver stated, well I understand what you are saying but that is not a requirement for them to file a rezoning.

Gary Barbour stated, and I understand that but that this doesn’t necessarily just go for this one particular item here what about the future what about the new ordinances that we are working on is this one of those things that we need to be addressing at that time?

Director Weaver stated, maybe so.

Vice President Jay Clawson asked, if they are combining the property back together does it actually have to be rezoned?

Charles Mellon stated, yeah it would be grandfathered. Won’t it?

Vice President Jay Clawson asked, is it still grandfathered?

Director Weaver stated, well and that’s something that we have discussed that if they don’t they are very limited on what they can do with the property because it is not in compliance.

Gary Barbour stated, I thought part of what we are in here for too, why we were rezoning it is because she needed that for her mortgage company.

Vice President Jay Clawson stated, for a rebuild. And for a rebuild letter you would have to meet all of the setbacks.

Attorney Altman stated, that’s right you sure would.

Director Weaver stated, I think that’s where we got into the discussion about the variance at the last meeting.

Vice President Jay Clawson stated, right that’s why I read it.

Attorney Altman stated, and you won’t know that until she presents a survey that shows where the lines are where everything is at. That doesn’t mean that we can’t rezone it but she still has got to go over that.

Vice President Jay Clawson stated, but if she is wanting a rebuild letter we can’t, we don’t have the authority to grant…

Demita Mysky stated, if it’s, if you rezone it commercial I’ve got nothing against it staying as grandfathered in as residential grandfathered in I was told that…

Several people stated, it’s no longer grandfathered.

Demita Mysky stated, right so I was told that it had to be commercialized.

Demita Mysky stated, and if it’s commercialized my lender wants a… cause it was a residential lender, wants a rebuild letter for the house. If it was to burn down and I was told that if it might not be at that location but it might be somewhere else on the property because of your variances. And I said that would be fine as long as there was a 100 percent rebuild letter for the lender.

Gary Barbour stated, but to do that you would have to have a survey of the lot to make sure what size house would fit in without a variance.

Attorney Altman stated, yeah she is going to have to do that and that may or may…

Gary Barbour stated, before you can get any kind of letter like that.

Attorney Altman stated, and it may or may not have anything to do with the rezoning.

Gary Barbour stated, right.

Attorney Altman stated, but you’re clearly to go beyond that.

Gary Barbour stated, I’d like to see from here, can we go ahead and vote on this with the contingency then that she prove that she meets the setbacks.

Dennis Sterrett asked, what if she doesn’t?

Don Ward stated, actually that’s the next step and that’s not we can rezone it period. Right?

Attorney Altman stated, yep.

Don Ward stated, and then to get that letter she is going to have to present a survey showing where the buildings are so that you can determine whether or not she can rebuild.

Attorney Altman stated, yes exactly she got to.

Don Ward stated, and if she can rebuild after she presents the plat to you and you can give her a letter.

Dave Scott stated, If not that she will have to get a variance in order to get a rebuild letter.

Attorney Altman stated, or maybe another rezoning or and a variance you never know they’re never quite locked into this zoning assuming they would change it and get it.

Don Ward stated, and if it shows the building can’t be rebuilt then she is going to have to ask for a variance.

Attorney Altman stated, this is her request to try to get one more step toward being in compliance.

Don ward stated, that is about all we can do right now.

Attorney Altman stated, right so it can be voted on but she certainly has to do more than that to get totally in compliance and that’s what Diann is trying to do one step at a time. I see it maybe I’m wrong but that’s the way I see it.

Director Weaver stated, right.

Vice President Jay Clawson stated, okay. Any other questions from the board or anything? I ‘d say that we can bring this to a vote.

The results of the vote were as follows: 7 affirmative and 1 negative. This will be presented to the White County Commissioners for their action.

Attorney Altman stated, and the only thing I can say is you do need to take the next step.

 

Demita Mysky stated, oh yeah we were working with Diann.

 

Attorney Altman stated, I think the survey showing where the improvements are would be a vast help in fact that might be something that the commissioners might want to see.

 

Demita Mysky asked, so eight thirty at what date?

 

Several people stated next Monday morning.

 

Demita Mysky stated, okay thank you.

 

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Attorney Altman stated, okay on business I, Diann gave me a letter today that from the Indiana Financial Board basically they it’s a statute that says we get notice of them doing as financing and this happens to be for Jordan Manufacturing, Inc. and JDMW Land Trust operating Jordan Manufacturing. And basically they asked us the statute allows us to respond to their request. And I think it’s in some ways it’s to perform a type response but I think that the but I wanted to pass this through the board and I just got it today and cause Diann just got it. That indicates that probably would be well advised to at least send to this Indiana Finance Authority a letter that says that they are properly zoned and in compliance and so that they can add that to their portfolio and help their financing. Well I wanted to give that to the board and if nobody has any objections to that I would suggest we do that.

Vice President Jay Clawson asked, no objections?

Attorney Altman stated, and I think we will prepare to do that. And that’s really it except for we did, some time ago they filed suit against John Freeman on this subdivision to vacate it or to get him to comply and put in the improvements. It is basically not gone to improvements but it has passed hands. And we waited for Mr. Jennings if you remember to do something about this subdivision and never happened except that he passed it on again to Cathy Russell Reynolds, Inc. And I have just gone ahead to file to bring them into the lawsuit to answer as their interest may appear and I am just keeping the board informed as to that. I would very much like that they continue their subdivision but nobody has wanted to put any improvements in so that’s why we’re moved to vacate it. There is one lot that is has been sold. And we’re protecting that persons right to for access also as part of this process. And that’s kind of old business but kind of new business too.

Vice President Jay Clawson stated, being no other business…

Don ward asked, did you get a letter from Indianapolis about a meeting about going over the laws for rezoning and Area Plan Commissions?

Director Weaver stated, I don’t believe so.

Don Ward stated, I was going to bring that in and I forgot it. I got one a couple of weeks ago and I think it was about five hundred dollars. Somebody from Isom/Miller was going to go and give a presentation and I think it was a one-day deal.

Attorney Altman asked, well would they come here and do it to the boards or…

Don Ward stated, no you have to go down there it is five hundred dollars a person.

Attorney Altman stated, I would have to look at that but that is a lot more than they usually are for one of them.

Don Ward stated, yeah that’s the way I remember it now but I’m senile so you’ve got to…

Charles Mellon stated, maybe that girl Wednesday night would know something about it.

Attorney Altman stated, yeah maybe so. You might bring that.

Don Ward stated, I’ll see if I’ve still got it.

Attorney Altman stated, that’s all I’ve got to report.

Vice President Jay Clawson asked, anyone else on the board have any business?

The meeting adjourned.

Respectfully submitted,

Donald W. Ward, Secretary

White County Area Plan Commission

Diann Weaver, Director

White County Area Plan Commission