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The White County Area Plan Commission met Monday, May 14, 2007, at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Jim Mann Jr., Mike Smolek, Charles Anderson, Gerald Cartmell, Donald W. Ward, Dennis Sterrett, Greg Bossaer, Robert Thomas, and David Scott. Also attending were Attorney Altman and Director Weaver.

Visitors Attending were: Charles R. Mellon, Jon Yeoman, Cindy Yeoman, John Parker, Susan Rowland, James Rowland, Glen Shanks, Betty Shanks, Chiu-Ying Chung, Melba Fleck, Bill Tully, Jack VanValkenburg, Anna Kroyman, Marc Clapper, Sandra Nojek, Floyd Flatt, Richard Snyder, ???, Larry Ervin, William O’Toosley, Carol VanDeWalle, Ralph T. Sloan, Susan Kochel, Dave Kochel, Bernadene Thimler, Sid Holderly, Charlotte Irwin, Rev. Ross Terry, Roxie Terry, Loretta Loy, Fred Buschman, Pat Buschman, Butch Moody, Rick Williams, Don Pauken, Jeff Ward, Ruby DeWeese, Betty Rusk, Kerri Jo Franklin, Linda Catterlin, Jerry E. Ruch, David A. Wagner, Freida Ruch, Carol Williams, Greg Vogel Jr., Dave Murphy, Damian Murphy, Jeff Brown, Leah Marion, and Bob Marion.

The meeting was called to order by President Charles Anderson and roll call was taken. Gerald Cartmell made a motion to dispense with reading and approve the minutes of the April 9, 2007 meeting. Motion was seconded by Jim Mann and carried unanimously.

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#930 Jack VanValkenburg & Anna Kroyman; The property is located on Tract SW NW 32-28-03 containing 7.80 acres in Monon Township, located at 4087 East Monon Road.

Violation: None

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

President Charles Anderson asked, do I have anybody here representing that request? You want to come forward and state your name?

Jack Van Valkenburg stated, good evening, my name’s Jack Van Valkenburg, I’m a resident at 4087 East Monon Road.

President Charles Anderson asked, commissioners have any questions about that request to rezone?

Director Weaver stated, no I don’t believe so. I think. What they’re wanting to do is just bring it back into the same zoning as the surrounding property.

President Charles Anderson stated, the main thing is you want to bring it into compliance with the surroundings.

Jack Van Valkenburg stated, yes sir. It’s only, oddly enough, it’s like .46 of an acre of the 8 that’s B-2. I don’t know how that happened, but we’re just trying to make the whole thing R-2.

President Charles Anderson stated, yeah. Okay. Any, commissioners have any questions then? Anybody in the audience have any questions about the request? If not, I’d say let’s go ahead and vote on it.

The results of the vote were as follows: 9 affirmative and 0 negative. This will be presented to the County Commissioners for their action. That will be the final one. That will be when Diann?

Director Weaver stated, that will be Monday.

Attorney Altman stated, this next Monday.

Director Weaver stated, 8:30 in the morning.

Attorney Altman stated, 8:30 in the morning, right here, they have the final say on this.

Jack Van Valkenburg asked, do I need to be here?

Attorney Altman stated, I always tell people when somebody has the final say, I advise them to be here. You don’t have to, but that’s up to you.

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#931 Bernadene Newkirk (Thimlar); The property is located on Lot 23 except 29 feet of the South end and Ten feet of the West side of the Original Plat of the Town of Headlee, Cass Township at 11070 East 1000 North.

Violation: They currently have more dogs that what is allowed in the Zoning Ordinance as an R-2 zoning without being a kennel.

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

President Charles Anderson asked, do we have anybody here representing the request?

Bernadene Thimler stated, I’m Bernadene Thimler.

Carol VanDeWalle stated, I’m Carol VanDeWalle.

President Charles Anderson asked, the commissioners have any questions about this request to rezone.

Ruby DeWeese stated, over here.

President Charles Anderson stated, you’re not a commissioner.

Ruby DeWeese stated, oh, I’m sorry.

President Charles Anderson asked, if not, does anybody in the audience have any questions about this request? Want to come forward and state your name and you guys can stand aside and let her get to the microphone.

Ruby DeWeese stated, Ruby DeWeese, I currently reside nearby and I have a petition signed by just about everybody around there and several…

President Charles Anderson stated, you’re going to have to submit that to us and we will put it into the record on that.

Ruby DeWeese stated, and several concerned parties are present.

President Charles Anderson asked, okay, what are some of your concerns? Have you got…

Ruby DeWeese stated, uh, we just feel that that’s an inappropriate place for that type of venture. It’s a small housing area, we’re trying to clean up the whole area and everything and uh, we don’t feel like hearing the dogs barking at night or during the day when we’re trying to have a cookout and it, no amount of fencing is going to stop the barking or the smell.

President Charles Anderson asked, okay, anybody else have any questions about this request in the audience? Want to come forward and state your name?

Susan Kochel stated, Susan Kochel, I live in Headlee and the noise is unbearable. It really wakes us up in the middle of the night and the smell is worse than a hog farm.

President Charles Anderson stated, you got another one here coming.

David Kochel stated, my name’s David Kochel and uh, since neighbors have moved in, probably 3 nights I’ve slept in my bedroom because it’s adjoining their lot. Not right to it, but across the corner from the street and the smell of that place is just horrible. I mean, every one of you guys need to go out there, just walk up to the place, that would give you enough to say no. Two three o’clock in the morning dogs barking all night long, can not hack it, I’m up at 4 a.m. to go to work and it’s just to much. To many kids around there, these are big dogs, they aint little bitty cChihuahuas’s or anything like that, I mean, this needs to be in the country where there’s no houses close to it, within at least a mile and need to set up some good kenneling. That’s all I have to say.

President Charles Anderson asked, any other, anybody else in the audience want to respond to this? We’re getting about the same thing each time, so if you got something new from now on, after you speak…

Unidentified member of the audience stated, it’s pretty much all the same thing, thank you.

President Charles Anderson stated, the same thing on that, okay. Anybody have anything else new to bring to that at all. If not you guys want to respond to that, state your name again?

Bernadene Thimler stated, I’m Bernadene Thimler, I had sold the property to Ms. Van DeWalle back in December, I think 19th, I had previously went up and talked to Diann about that. She had given the instructions how to go thru the system of getting it rezoned and that, I told Ms. VanDeWalle about that kind of thing and now we’re to this situation. It is hers with a contract but I guess it comes back with this. I’ll let her speak since she lives there.

President Charles Anderson stated, but she knew that she wasn’t supposed to bring the dogs on….

Mike Smolek asked, did you know the dogs were coming when she bought the property?

Bernadene Thimler stated, yeah, she said she had some dogs. That’s why I…

Mike Smolek asked, some dogs, how many was some dogs?

Bernadene Thimler stated, I don’t know but I mean, that’s why I came up here first and I checked with Diann and went thru the things and that’s what I had given her and we thought it would all be work thru…

Director Weaver stated, I spent quite a bit of time going over the rules and regulations with Bernadene regarding the dogs.

Mike Smolek asked, what is the kennel ordinances?

Director Weaver stated, more than 4 requires…

Mike Smolek stated, well I understand that but I mean as far as, do they have square footages or anything on the kennel space?

Director Weaver stated, no.

Mike Smolek asked, what about residence with the kennel?

Director Weaver asked, what the square footage requirement is?

Mike Smolek stated, as far as living there, there is no regulations on any of that stuff.

Director Weaver stated, not in our ordinance no.

President Charles Anderson stated, but it has to be zoned different though.

Director Weaver stated, yes.

President Charles Anderson stated, than what it is right now, it can’t be in a residential, can’t be in a residential zoning, it’s got to be in a business zone.

Mike Smolek asked, but if it’s zoned B…

President Charles Anderson stated, can’t be in a residential zoning it’s got to be in a business

Mike Smolek asked, but if it’s zoned B-1 can you live there on that property then?

Director Weaver stated, no, a B1 zoning does not allow for a residence. That is correct. They have the choices of being a B-1 B-2, or A-1 to have a kennel and go thru the kenel, the special, …

Mike Smolek asked, and A-1’s not, their not big enough to be an A-1?

Director Weaver stated, their not big enough to be a A-1, correct. And a A-1 would allow for a residence.

Mike Smolek stated, just so I’m clear, theirs more dogs there than what is allowed, is that?

Director Weaver stated, there are a lot more than what is allowed.

Mike Smolek stated, the number 4 I think I heard.

Director Weaver stated, I saw at least 11 today when I was there.

President Charles Anderson stated, but she brought, she knew she was going to have to rezone before she could bring those dogs on there then.

Director Weaver stated, I don’t know that Bernadene knew how many dogs, she didn’t indicate to me how many dogs, but she wanted to make sure what our rules and regulations were on it.

President Charles Anderson stated, okay.

Mike Smolek asked, you were planning to live there?

Carol VanDeWalle stated, yes I was, I planned on living down here, you know, for the rest of my life. A lot of things I haven’t been able to do, 1, my dogs have never been on dirt, their usually on concrete, air conditioning, heating, I can’t do that yet. I talked to Diann about it. I have probably about $8000.00 in privacy fence because they bark when they see people go by and the people that live right next to me, they have 4 boxers and when they walk them they bark. You know, it’s a whole different world to them, they don’t understand why their not out every day running, you know, in a section that they lived. I’ve been a breeder and rescue person for 25 years. I worked for animal control in South Bend for 6.

President Charles Anderson asked, how many dogs you planning on having in the area?

Carol VanDeWalle stated, well I did have 48 and now I’m down to 28. I place quite a few.

President Charles Anderson asked, you have 28 dogs on the property now?

Carol VanDeWalle stated, correct.

President Charles Anderson asked, did you know before you brought those dogs out there that you were supposed to rezone before.

Carol VanDeWalle stated, well, the way I understood everything I thought I was on commercial when I bought the place. I didn’t think I was zoned commercial because it was still a church. Because their used to be a trailer out back that was a residential when he lived there.

President Charles Anderson asked, okay, commissioners have any other questions about their request?

Mike Smolek asked, are you currently living there?

Carol VanDeWalle stated, right now, yes. I have a place that I can stay, you know, depending…

President Charles Anderson stated, but rezoning this to a B-1 anyway you wouldn’t be able to stay there.

Carol VanDeWalle stated, correct.

Member of the audience speaking

Attorney Altman stated, I’m sorry, if you’re going to talk you have to do it on the mic okay. We can’t hear you and it wont come on the record is why I’m saying that, okay. So if you want to say something please come up.

President Charles Anderson stated, come forward and state your name and..

Ellio stated, my name is Ellio and I’m a friend of Carol’s, can she put a trailer on the property to live in?

Members of the board stated, no.

Ellio stated, no, okay, thank you.

President Charles Anderson stated, commissioners have any other questions at all? First of all we got a violation and then we got a request. I’d say lets vote on the request first and then we will deal with the violation afterwards. Want to go ahead and vote on the…

The results of the vote were as follows: 0 affirmative and 9 negative. This will be presented to the county commissioners for their action. They meet next Monday morning at 8:30 right here. That actually is the only notice you get, okay, so that if you’re going to be here, if you want to say something, be there.

President Charles Anderson stated, okay, then Bernadene, you want to come forward again. The property is still in your name right?

Bernadene Thimler stated, yeah, it was filed down here, but I guess with a contract it still stays with me. At least that’s what I was told.

President Charles Anderson asked, did you inform her that she wasn’t supposed to bring those dogs on…

Bernadene Thimler stated, I told her she had to go thru the zoning part of it. This was before the thing, I mean, that’s why I came up here to get different information about it.

President Charles Anderson stated, cause, I, you know, we’re going to have to figure out who’s responsible, you know, we sent notices to both of them as far as they were in violation of this.

Bernadene Thimler stated, I received a notice too.

Director Weaver stated, we notified Bernadene by mail and Ms. VanDeWalle was given same copies of the same letter by the animal control officer.

President Charles Anderson asked, you want to come forward too Ms. VanDeWalle? Were you told at all, did she state that you had that changes before you bring the dogs on or that it needed to be changed? Did you understand that you weren’t supposed to bring the dogs on?

Carol VanDeWalle stated, she had said that she had talked to some of the neighbors before I moved down there and they said that they didn’t really have a problem with it. A couple people signed a letter that she took around.

President Charles Anderson stated, well that’s, I mean, thru the office, we’re, this is more thru the office as far as violation of the zoning ordinance is what we’re talking about, because their has been a violation of the zoning ordinance by brining more than 4 dogs onto the property. Commissioners have anything to add to this or what do you think we ought to do as far as a fine or what do you…

Don Ward asked, well they were notified right?

Director Weaver stated, yes.

Don Ward asked, how long ago?

Director Weaver stated, the letter was done on March 20 and that’s the date that it was hand delivered to Ms. VanDeWalle.

Don Ward asked, the dogs are still there?

Director Weaver stated, the dogs are still there.

Don Ward asked, did you know you’d be fined if you didn’t remove the dogs?

Carol VanDeWalle stated, when I had talked to Diann, well no, I didn’t have anyone come out and say anything about them until I go the ticket. I got the ticket the same day I got the warning. So I had no warning at all.

President Charles Anderson asked, which was on?

Director Weaver stated, March 20th. That’s when that letter was delivered to her.

President Charles Anderson asked, was she asked to remove the dogs at that point?

Director Weaver stated, well she was given a copy of the letter that stated that they are in violation, we are giving them 15 days from the date of the letter to remove the animals or file for a rezoning special exception to allow the animals to remain.

President Charles Anderson asked, to remove and file or to remove them or file?

Director Weaver stated, or file, or file.

President Charles Anderson asked, and they filed right away then?

Attorney Altman stated, March 22nd.

Director Weaver stated, yeah.

Attorney Altman stated, is when they filed.

President Charles Anderson stated, so you filed for rezoning right after you found out that you were going to be in violation?

Carol VanDeWalle stated, correct.

Director Weaver stated, but she did understand that there was a fine, pending fine because of the violation.

Don Ward asked, she knew she was to remove them in 15 days right, no matter what?

Director Weaver stated, that’s what the letter stated. Well or file for a rezoning.

Don Ward stated, and they re-filed within 15 days.

Director Weaver stated, they did file within the 15 days.

Don Ward stated, well then I say right now we waive the fine.

President Charles Anderson stated, that’s what I’m thinking because it, if, we shouldn’t have put probably or in there because that gave her an option.

Gerald Cartmell stated, that gave her an option.

President Charles Anderson stated, but now they have to be removed, but we can establish a fine if their not removed within say 15 days from this date.

Don Ward stated, from the date their notified again. Is that right?

President Charles Anderson asked, do we have to notify them again in writing?

Director Weaver asked, do we have to notify them in writing or is this their notice?

Attorney Altman stated, I think if they do not get the rezoning approved Monday there then in violation and they must be removed immediately or they are in violation of the ordinance is what it amounts to. I would certainly think that explaining this to you today would be enough notice to know that if you don’t get your rezoning next Monday morning from the commissioners or when they vote on it, you would then be in violation and must comply immediately. Doesn’t that sound a reasonable position? That’s about all we can say.

Carol VanDeWalle stated, okay. Would it be a different meeting if I tried to rezone into the 4 parcels that it used to be on that property?

President Charles Anderson stated, I don’t really, with the neighbors around there and that many dogs in the neighborhood, I really don’t think that it would…

Carol VanDeWalle stated, well they would all be inside.

President Charles Anderson stated, yeah but that would take awhile for you to get that done too wouldn’t it?

Carol VanDeWalle stated, not really, I have a lot of people that would help me.

President Charles Anderson stated, yeah but then you would have to…

Attorney Altman stated, you have to bring it into compliance is what really Doc is saying is that you have to be in compliance, if you are then that’s different thing.

President Charles Anderson stated, before you can bring them in there.

Bernadene Thimler asked, if I understand is it that if she has dogs she can’t live there or she can live there and can’t have dogs. Either way or?

President Charles Anderson stated, she would have to have a…

Don Ward stated, she can live there but she can’t have the dogs.

Attorney Altman stated, unless it’s an agricultural zoning, then you can live there, but she doesn’t have enough acreage to do that. That’s the problem. So she can’t go that way.

Mike Smolek asked, if she broke it down to 4 lots what would that do? That would just make it 4 lots of residential right?

Director Weaver asked, how are you breaking it out into 4 lots?

Carol VanDeWalle stated, if it was in, the guy that lives next door to me told me that his was in 4 parcels. So I didn’t know if I could take the 2 front.

Director Weaver stated, yours is not.

Carol VanDeWalle stated, no, because.

Director Weaver stated, yours is 1 piece of ground.

Carol VanDeWalle stated, cause I thought I could put a business in front.

Director Weaver stated, in order to break it into 4 parcels you would have to do a subdivision.

Carol VanDeWalle stated, okay.

President Charles Anderson stated, and I don’t think with the opposition that you’ve got, you know, if you tried to, still tried to rezone it, you wouldn’t be able to live there for 1 thing and I don’t, the likelihood is it may not pass again another time if you tried to bring it back. Commissioners got anything else to add to this?

Mike Smolek asked, are we going to give her a time frame to get them out of there or is, I mean, after Monday morning, or are we going to do the 15 days or what are we?

Attorney Altman stated, Monday morning, if they don’t get the comm….

Mike Smolek stated, or if they don’t pass it she has to have them out Monday night.

Attorney Altman stated, that’s right. That’s right. I mean, she’s in violation.

Mike Smolek stated, I know, but that’s hard to do with 28 dogs or whatever there is.

Attorney Altman stated, then you, then you set your time.

President Charles Anderson stated, that, that could be up to this board as far as it, we could set a time…

Mike Smolek stated, right, that’s what I’m saying. Give her a little bit of time to get a place for the animals.

President Charles Anderson stated, like I said before, I think 15 days they should be out of there within the 15 days if they don’t then they, we could automatically fine the $500.00 at that point and we can do a daily fine after that until they are removed. So I’d give her 15 days from the time Monday if they turn it down at the Commissioners, 15 days from that date. That would give you time to relocate.

Mike Smolek asked, and then after 15 days, daily?

President Charles Anderson stated, yeah. What would you guys say on the daily fine if theirs…

Gerald Cartmell stated, $500.00 a day after 15 days. That shouldn’t be a problem. I think we did a pretty good job there.

Attorney Altman asked, any questions ma’am?

Carol VanDeWalle stated, no.

Attorney Altman asked, okay, you understand what their saying, 15 days after Monday, then it’s $500.00 a day. Alright, thank you very much.

Carol VanDeWalle stated, you’re welcome.

President Charles Anderson stated, we need to vote on the fine and the..

Attorney Altman stated, I think you should.

President Charles Anderson stated, I think we should vote on the fine and what we said. So we stated that it would be 15 days after the commissioners meet and it’d be $500.00 automatic fine and $500.00 a day after that. All in favor of that raise your right hand. Unanimous on that.

Attorney Altman stated, for the record, it was all the board members voting yes.

President Charles Anderson stated, anybody here that was with that, if you want to you can leave now, and then we can, unless you want to stay for the whole meeting.

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#932 Ralph T. Sloan; The property is located out SE SW 31-28-03 containing .81 of an Acre in Monon Township, located on the North side of Parses Road in between Stahl Road and C.R. 300 East.

Violation: None

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

President Charles Anderson asked, do we have anybody representing that request? Go ahead.

Ralph Sloan stated, I guess it doesn’t work. First Diann, I want to thank you for the assistance you gave me at the very onset of my problem. What I’m asking for on the rezoning is so that I can turn a single family residence a few degrees and get it to set on the property. When I acquired the property I was not aware that it was an A-1 until after the closing, however my real estate individual says lets not worry about it because we can apply for a variance to pick up those needed areas and I had already give the documents to Diann Weaver and she immediately called me the next morning or maybe that same evening and said you don’t qualify because the property is not suitable. The property is a nice piece of property. I found it on my own without the assistance of a real estate party, although I dealt with Lake Land Reality for a number of years. I went ahead and submitted the documents to Diann and she said no, you need to get some changes made. Now I took a lot of photographs and sent them to Diann…

Director Weaver stated, and they are being passed around.

Ralph Sloan stated, you’ll see how there is just a very small plateau on this .81 acres and it’s at the very top and the A-1 setbacks are making it turn the opposite direction and there’s no way I can put a home, a single family home within a 40 foot space. So I am asking zoning and planning to go from the A-1 to an R-2 and in doing so I get the easements I need and I can rotate the home about 70 degrees to get it to fit onto the property. That’s basically my dilemma is that the surveyor was not in town when I went to get a document from him and I didn’t get a document from him until the following Monday or Tuesday and by that time of course the closing had occurred and money had transferred. Now I’ve taken all this time since Mrs. Weaver has given me the information I have tried doing a drawing for a hexagon, a octagon, a A-frame, a 2 story, a bi-level, I’ve got so many documents or drawings at home, and I can’t get any of it to fit in the parameters that are cause of the A-1 zoning. So I’m asking the board to consider those facts and make it a R-2 and then I have the space in order to make it a single family residence.

President Charles Anderson asked, any commissioners have any questions about that?

Don Ward asked, yeah, how will that affect the neighbors?

Ralph Sloan stated, I’m sorry sir?

Don Ward asked, how will that affect your neighbors, in any way? Will your house face the road? Will it face properly or will it…

Ralph Sloan stated, it will face the road, it’ll face the road, no. Hardebeck lives up oh a 1/3 mile away across the creek up the hillside. I’m sorry, I can’t repeat the name of the person that lives to the east of me, but he’s a good 150 yards from where I am.

President Charles Anderson asked, anybody in the audience have any questions about this?

Phillip Lilja, yes I do.

President Charles Anderson stated, you want to come forward and state your name.

Phillip Lilja stated, yeah, I’m Phillip Lilja. I live the north side of the property that he’s looking to build on. My property butts up right at the back end of his property which is wooded area. From what I can tell when he puts this house in, half of the property is woods going down like this, the other half is flat. And if he builds it, it’s going to be right at the edge of the property going down. I mean, that parcel is just too small to put a home on there. And when we purchased our property over there 5 years ago we were told everybody had to have 3 acre lots and this is no where 3 acre lot. And if he builds a house that’s going to be the whole back of the house is right there at the end of the property facing my house.

President Charles Anderson asked, how far away from your property line is it?

Phillip Lilja stated, it would be right there.

Ralph Sloan stated, no sir, I don’t mean to be argumentative with you.

President Charles Anderson asked, how far, how many feet would away would it be from your house, how many yards from your house?

Phillip Lilja asked, from the property line?

President Charles Anderson stated, from his, where he would build the structure.

Phillip Lilja stated, well he’s looking to go 40 feet back verses I think 100 feet for A-1. So it would be 40 feet which would be right at the end of that plateau.

President Charles Anderson asked, from your property line or from your, how far from your house is it going to be?

Phillip Lilja stated, just the other side of the woods is my property.

President Charles Anderson asked, okay, how far away is that?

Phillip Lilja stated, 150 feet.

President Charles Anderson stated, you want to…

Phillip Lilja stated, that’s the reason we bought that property is for the area, not to have a house sitting there looking at us.

President Charles Anderson asked, do you want to respond to that?

Ralph Sloan stated, I’m looking for the document that…

President Charles Anderson asked, were there any restrictions, on what you bought were there any restricted covenants on that property?

Ralph Sloan stated, there were no restrictive covenants other than Twin Lakes Sewer District and the A-1 zoning which I was not aware of at the time. Would I have acquired the property at that time if I would have been clarified that it was a A-1 twisted the other direction, that’s something I don’t want to answer here. But the back of the house to the property line is about… The gentlemen is correct, it’s probably 150 feet.

President Charles Anderson asked, to the property line or to the…

Ralph Sloan stated, no, from where the back of the house would sit to the property line. Gentlemen is probably correct, about 150 feet give or take.

President Charles Anderson stated, to the property line. Then how much further is your house?

Phil Lilja stated, it’s 150 feet my house to the property line to my house.

President Charles Anderson stated, so you got 300 foot from back…

Phil Lilja stated, I don’t see where he’s getting 300 feet though.

Ralph Sloan stated, no I’m not saying 300, I’m saying I’ve got 50 here, the surveyors indication the 60 foot mark and I’m saying that’s equivalent to another 60 feet or 70 feet by the time I do the twist on it that’s at least 100 to 150 feet, somewhere in there, then your house sits up this direction.

Phil Lilja stated, right.

Ralph Sloan stated, so then how far back are you from that property line.

Phil Lilja stated, 150 feet. The thing is with this footage he’s talking about is a straight down wooded area.

President Charles Anderson stated, so as a crow flies, right.

Phil Lilja stated, right, it’s not 150 feet. It’s more like 40 feet across.

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

Mike Smolek asked, do we have a drawing of that survey?

Director Weaver stated, there is a survey coming around. I can print an aerial photo off of our computer in the office if you would like me to take a couple minutes and do that.

President Charles Anderson stated, we have another, you want to come forward, you have something to say about this? Another person from the audience.

Butch Moody stated, I’m Butch Moody Lake-Land Real Estate.

President Charles Anderson stated, whoa, whoa, whoa…

Phil Lilja stated, the other thing is I don’t know if it matters, the gentleman that does live to the other side of the property, couldn’t make it here tonight…

President Charles Anderson stated, we can’t take it, unless you have something in writing we can’t.

Phil Lilja stated, oh.

President Charles Anderson stated, we have another, right here that’s going to make a statement.

Butch Moody stated, I’m Butch Moody with Lake-Land Real Estate. And this is the survey as it comes, the property runs 179 feet along Parses Road, the depth of the property here on this side is 220 feet, 226 here, however there is a hillside that comes back in the back portion and theirs a ravine that comes down here between him and Hardeback. So the property that he can feasibly build on is right in this area here. What we weren’t aware of at the time was the A-1 zoning put him back 100 feet. If it’s normal R-2 where he only has to go back to the 60 as to the 30 or 40 feet then he’s got plenty of room to build on top of that hill before that hill falls off.

President Charles Anderson stated, ok the trees that are behind you, that would be in between him, you’re not planning on touching any of the trees in the ravine or anything like that are you?

Ralph Sloan stated, oh no sir, no.

Phil Lilja stated, oh, they’ve cleaned out quite a bit of it already.

Ralph Sloan stated, I’ve cleaned out the thrash and the trash. Did you throw the old car down the hill, did you throw …

President Charles Anderson stated, we don’t, we don’t need to get any arguments here about that.

Ralph Sloan stated, I don’t mean to get in a argument, but I’ve been cleaning the property I haven’t been doing any renovation, any timber removal…

Jim Mann stated, ok, just, what’s going to happen here is you’re wanting to turn this?

Ralph Sloan stated, yes, move forward.

Jim Mann stated, and you’re wanting to set it…


Ralph Sloan stated, just like a normal house, face the road. Right at the present time with the zoning, it’s the only way anything would set in there.

Jim Mann stated, so we’re talking 150 feet. Not only from the position of the back of the house but then an additional 150 feet…

Phil Lilja stated, to my home.

Jim Mann stated, from the lot line to your home.

Phil Lilja, so like I said earlier, it’s not 150 feet out.

Jim Mann stated, right, I understand.

President Charles Anderson stated, but it’s over 150 feet total, it’s probably 250 220

Phil Lilja stated, yeah, from the property line.

President Charles Anderson stated, from the house to where you are, we’ve got an aerial photo supposed to be coming back here so we can look at it too. Any other questions from the commissioners to these people?

Don Ward asked, what’s it do, you look at directly at the back of his house is that what it is, the end of his house?

Phil Lilja stated, well the back of the house would be at an angle, the side of the house to, coming out to the front of my house. It’s hard to explain the way that land.

Don Ward stated, but you’re 300, but you’re about 300 feet away. You’re house is about 300 feet…

Phil Lilja stated, it would be from his house, yes.

Mike Smolek stated, what’s the difference between an R-1 and an R-2, what’s the difference between a R-1 and R-2.

President Charles Anderson stated, amount, you could have, amount of…

Attorney Altman stated, it’s the amount of the setbacks plus an R-1’s single family and R-2’s 2 family.

President Charles Anderson stated, 2’s multi, 2 families.

Attorney Altman stated, then it, then it.

Mike Smolek stated, but he’s only wanting to put one house on there.

Attorney Altman stated, that’s right.

President Charles Anderson, but it could be a multiple housing unit.

Mike Smolek asked, I guess that’s my, a couple of my questions is how’s come he doesn’t just zone it for R1 or does he have to do R-2?

President Charles Anderson stated, setbacks.

Director Weaver stated, I believe setbacks are why he…

Mike Smolek stated, just a setback issue. Okay.

Dennis Sterrett asked, this your house here?

Ralph Sloan stated, yeah.

Mike Smolek asked, and then this is the property you’re, where you at?

Ralph Sloan stated, I want to build right in here.

Mike Smolek stated, okay.

Ralph Sloan stated, because that’s the only platform there is, all of this is gulley all the way around, so I need to move forward and the only way I can move forward is if I move out of the A-1 zoning into a R zoning.

Mike Smolek asked, is this the way you’re wanting to build it now?

Members of the Board speaking

Mike Smolek asked, is this going to be an exhibit then?

Director Weaver stated, yes, that goes along with some of those pictures.

President Charles Anderson asked, was this part of the original, was this piece of property along with the original property, or the plat that you guys were on too or the original…

Phil Lilja stated, I’m not sure if it was all owned by the same people.

President Charles Anderson asked, did you have restricted covenants on yours as far as…?

Phil Lilja stated, it’s supposed to be 3 acres.

President Charles Anderson asked, was it in writing anywhere on the 3 acre lots.

Phil Lilja stated, not that I know of.

Attorney Altman stated, just cut it off.

Mike Smolek asked, did you buy it out of a piece of farm ground then, your lot?

Phil Lilja stated, the lot was already made for a home to be put on there.

Mike Smolek, ok, somebody’s did that then because he can do 1 lot off of farm ground and then the next lot has to be 3 and the next lot has to be 3 all the same so on and so forth.

Phil Lilja stated, 3 acre lots, right. The lot next to me is 4 acres, behind me is 4 acres, and another 4 acres of everybody’s acreage.

Ralph Sloan stated, no there were no particular covenants as far as I’m aware, on the deed there isn’t.

Don Ward asked, would you be willing to plant a shield? Would you be willing to plant a shield behind your house or at the back of your house so that he can’t see your house?

Ralph Sloan stated, heavens no. The beauty to the home is the ravine that lays below you. Why would I want to put a shield up the back of the house.

Don Ward stated, well I haven’t been there to see it, so.

Ralph Sloan stated, if I put the shield up it’s going to be 17 feet to the top of the, the, from the foundation of the house it’s going to be 17 feet downhill till I get to the top of that, that fence. If you’re going to block that house from his view, I’ve got to come up 17 feet off of the, because I had it measured, got to come up 17 feet with a fence, then I got to come up another 22 feet in order to block his view of my house.

President Charles Anderson stated, it only cost 8 or 10,000 a tree.

Don Ward stated, when he’s building right on the edge of the lot. Are you building right on the edge of the bluff?

Ralph Sloan stated, I beg your pardon.

Don Ward asked, are you building right on the edge of the bluff. Is that it. Are you building on the edge of the bluff?

Ralph Sloan stated, no, I’m coming forward, staying away from the bluff. I’m coming toward the street, I’m going a greater distance.

Don Ward stated, but there’s a drop off there, if you plant it, it would.

Attorney Altman stated, at the back of the property there’s a very steep ravine.

President Charles Anderson asked, his house is to the, is his house to your west?

Ralph Sloan, I’m sorry, I can’t…

President Charles Anderson asked, is his house to your west?

Members of the board speaking.

Don Ward asked, where’s that other drawing? It looks like he’s looking at the end of your house, not the front or the side. Not that one, the other one.

Ralph Sloan stated, he’s going to be looking at the end of the house.

Don Ward stated, he’s looking at the end of it.

Ralph Sloan stated, yes.


Don Ward stated, that’s what I was talking about, blocking it.

Ralph Sloan stated, I’m not going to build a fence across my property so that he can’t see my property.

Don Ward stated, no, I’m not talking about a fence, I’m talking about a living shield, like trees, evergreens.

Gerald Cartmell stated, we’re trying to make this work, try to work with us here.

Ralph Sloan stated, I’m trying to make it work too. There’s so many trees on that thing now I don’t know how I’d get anything to grow.

Gerald Cartmell stated, I thought you said you wanted to see all that down, all those trees and stuff down in that…

Ralph Sloan asked, I wanted to do what sir?

Gerald Cartmell stated, you said you wanted to see all those nice trees in that thing so we gave you a chance to put trees up there to make him happy, now you don’t want them.

Ralph Sloan stated, sir you need to see the number of trees that’s on that property.

Gerald Cartmell stated, I’ve been there, I’ve been out there and seen it.

Don Ward stated, the view though, you’re view is not that direction.

Ralph Sloan stated, my view is not his direction, my view is down the ravine to the creek. Not straight to the north.

Don Ward stated, that’s right, that’s exactly right. That’s why we’re saying could you shield the end of your house, that’s all.

Ralph Sloan stated, I can plant vines, I can plant trees, I can plant poison ivy, cause there’s plenty of that out there.

President Charles Anderson stated, the main thing is, do you want to put a restriction on yourself that you have to do that, if you don’t want to, we can have this voted on without that too.

Ralph Sloan stated, say that again to me sir.

President Charles Anderson stated, if you agree to a, that would be a restriction that you’d be putting on yourself as far as…

Ralph Sloan stated, well I don’t mind a restriction as long as I can comprehend what the restriction does. Who it provides…

President Charles Anderson stated, it gives him a block, so he doesn’t have to look at the side of your house is what it’s doing.

Don Ward stated, it’s the end actually, the end of the house.

President Charles Anderson stated, the end of the house. We need to vote on this.

Butch Moody stated, they said there weren’t talking about stones here. This house sits here, and you’re going to put your house here, so they’re talking about putting some trees right thru here.

Ralph Sloan stated, but there weren’t trees there.

Butch Moody stated, but that’s what their asking. Would you be willing to have something there so that he, you’re not looking at the side of his house. Or he’s not looking at the side of your house. Is that basically what we’re talking about.

President Charles Anderson stated, yeah.

Ralph Sloan stated, write that restriction if you’d like, that’s fine, but I would then request a inspection to see if that restriction is not already in place. By natures giving, it is already there. I’ll put the vines that go up so that he can’t be looking at my um…

President Charles Anderson stated, well it wouldn’t be a vine, it would have some type of a tree growth or something there and that’s going to take years to do anyway.

Attorney Altman stated, that’s true.

President Charles Anderson stated, so it, I think we should go ahead and vote on it the way it is.

Don Ward asked, is that what you want us to do? Vote on it the way it is?

Ralph Sloan stated, I’d like it to go from A-1 to R-2 so I can rotate the house, simply because, if it was already R-2 and I put the house there it wouldn’t change his view of my house what so ever. It would not diminish or improve his view of my home in any case if I took the house and turned it…

Don Ward stated, to face the street

Ralph Sloan stated, facing the street, it wouldn’t change anything. It’s just that the zoning is not adaptable to the residence.

President Charles Anderson stated, so let’s go ahead and vote.

Gerald Cartmell asked, so we’re voting to do what now?

Attorney Altman stated, just the way he’s applied.

President Charles Anderson stated, just the way it’s written up.

Attorney Altman asked, may I have the exhibits?

Ralph Sloan stated, gentlemen, as you begin your final thought…

Attorney Altman stated, we’ve already voted.

Ralph Sloan, okay, it’s already been made, all I’m asking to do is rotate the house 45 degrees.

Attorney Altman stated, okay.

The results of the vote were as follows: 8 affirmative and 1 negative. This will be presented to the county commissioners for their action. That will be next Monday morning at 8:30 right here. Okay, thank you very much.

****

#933 City Fuel & Heating Inc.; The property is located out S/S NE NW 33-27-03 containing .99 of an Acre located at 324 Dewey Street in the Town of Monticello.

Violation: None

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

President Charles Anderson asked, do we have anybody here representing the request?

Jeff Brown stated, yes Jeff Brown.

President Charles Anderson stated, and the reason for, you want to change the zoning, you have a reason for that?

Jeff Brown stated, we’re just updating the bulk plant and following into the new zoning laws.

President Charles Anderson stated, yeah, the old zoning laws is going to be, the new zoning law is going to be the old zoning law.

Jeff Brown stated, are they, yeah, probably.

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

Bob Thomas asked, that’s what it is now is a bulk plant?

Jeff Brown stated, yes, uh huh.

Don Ward asked, what, are you, say you’re going to change it?

Jeff Brown stated, yeah, we have to upgrade, federal regulations requires…

Don Ward stated, yeah, you’re way out of sync.

Jeff Brown stated, yeah, to upgrade everything.

Don Ward asked, are you adding a lot of new tanks or taking out old tanks?

Jeff Brown stated, we will be taking out the old ones after we get the new ones installed, yes.

Don Ward asked, where do they go? About the same location?

Jeff Brown stated, no, it will be, actually east of the original location between the tank barn now and the old office. Were putting in concrete dike and everything, new loading areas, and then remove the old one.

President Charles Anderson asked, anyone in the audience have any questions about the request? Any other commissioners have any questions?

Attorney Altman stated, yeah, you have. Somebody’s coming.

President Charles Anderson stated, we have somebody here.

Pat Fisher stated, I just, my name’s Pat Fisher and my duplex is right next door to their property and I don’t have any complaints about their moving anything but I was concerned about the industrial point of this change, what that means to the property in the future. Do they plan to build a new building or anything like that, I mean, I just wanted to know if their planning to put a filling station in or something like that.

President Charles Anderson asked, you want to respond to that Jeff?

Jeff Brown stated, yeah, no nothing other than clean it up and make it look better, newer.

President Charles Anderson stated, but to do the changes he has to do, the property he has to rezone it to the zoning.

Pat Fisher stated, yeah, I understand that, yeah. That that.

President Charles Anderson stated, but you know, if they would sell that property, a new owner could do anything within that I-2 or 1 classification to, so their could be changes if it was sold, but as long as it stays with the original owners right now then their probably not going to do anything.

Mike Smolek stated, yeah, but really with that size of a lot, there’s not a lot they could do with it.

Pat Fisher stated, it’s really, looks pretty big to me.

Jeff Brown stated, well its pie shaped you know, a little triangle.

Pat Fisher stated, I don’t know if the property could ever be used for housing or not, I mean if he would ever take it out of there.

Jeff Brown stated, I don’t know either about, for the setbacks on the front right-of-ways for housing, I, you maybe only get 1 or 2 places on east, but then you get into the setback I think, the way it angles thru there, so.

Pat Fisher stated, I mean, the ground itself.

Jeff Brown stated, we plan on keeping it in the family for, my son’s interested in the business.

Pat Fisher stated, yeah, keep on going.

Jeff Brown stated, yeah.

Pat Fisher stated, well it probably will, I’ll be gone before he’s gone for sure, assuming that, my age has a difference in his. But that was just my only question so.

President Charles Anderson stated, alright, any other questions from the audience or the commissioners have any questions, if not I’d say lets go ahead and vote.

The results of the vote were as follows: 9 affirmative and 0 negative. This will be presented to the City Council for their action.

Attorney Altman stated, that will be when Diann?

Director Weaver stated, Monday, but I don’t know a time, Jim?

Jim Mann stated, 6 p.m.

Attorney Altman stated, 6 p.m., that will be at the City Council building here on North Main so if you’re interested in talking that’s where the final result will be. Thank you.

Jeff Brown stated, thank you.

****

#934 Charles R. & Darla M. Tribbett; The property is located out S/E E NE 32-27-3, containing 13.542 Acres in Union Township, on the North side of West Washington Street between 6th Street and 8th Street.

Violation: None

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

President Charles Anderson asked, do we have anybody here representing their request? You want to state your name?

Greg Vogel stated, Greg Vogel and Dr. Tribbitt’s not here, but Mr. Tulley representing the Twin Lakes Southern Baptist Church is here.

Bill Tulley stated, we’re the applicant in this case, requesting this to be zoned from the B-2 current to B-1 as the new church facility and educational facility would not qualify in the B-2 zoning and that’s the purpose of the acquisition of the property.

President Charles Anderson asked, commissioners have any questions about their request at all? Anybody in the audience have any questions about their request? If we got no questions…

Mike Smolek asked, is that a lesser zoning?

Attorney Altman stated, yes it is.

President Charles Anderson stated, yes.

Director Weaver stated, yes.

President Charles Anderson asked, Don you got any questions at all or anybody?

Don Ward stated, none in particular.

Greg Vogel stated, I’ve got a copy of the survey if you guys need to look at them, don’t know if you have them.

President Charles Anderson stated, if theirs no questions I’d say lets go ahead and vote.

The results of the vote were as follows: 9 affirmative and 0 negative. This will be presented to the City Council in Monticello for their action.

Attorney Altman asked, that’s what time Jim?

Jim Mann stated, 6 o’clock this coming Monday.

Attorney Altman stated, 6 o’clock this coming Monday and they have the final say on that, so I’d recommend anyone interested be there.

****

#935 Mohammed Hanif; The property is located on Part of the NW NE 33-27-4 containing 4.348 Acres on the South side of Second Street between Boone and East Hillside Drive.

Violation: None

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

President Charles Anderson asked, do we have anybody here representing their request?

Jeff Ward stated, Jeff Ward.

President Charles Anderson asked, commissioners have any questions about the request? You want to state what the, why you want to change the zoning on that?

Jeff Ward stated, yeah, we have a potential buyer for the property that wants to develop it. Basically what it will be is, for a lack of a better phrase, a trucking terminal, repair place. It’s a individual, not a very big company at all. He’s, we’ve tried to do this in a couple other places, run into one problem or another. This one actually fits location price wise. Basically he will build a roughly 60 x 40 building. He has, I think, 3 or 4 trucks and 4 or 5 trailers. He just needs a place to store them, get them out of the weather, so he can get them in and work on them. Because right now he’s trying to do it all from his, basically from his house. He lives out in the country obviously.

President Charles Anderson asked, he’s not a trucking firm then? He’s a …

Jeff Ward stated, he, he, it’s a individual that just owns 3 or 4 trucks. It’s not a big trucking company or anything like that.

President Charles Anderson asked, okay, but he hauls freights is what he does for a living.

Jeff Ward stated, yeah, yeah, he haul’s freight. That’s why, you know, he works on some, he does some maintenance on the side so…

President Charles Anderson asked, the commissioners have any questions?

Don Ward asked, are they going to be in there at all times, all hours of the day and night?

Jeff Ward stated, no. I think that this will probably, this will probably sit, I don’t want to use the word vacant, but he’s also a driver himself so he’s on the road 5 6 days a week also. So no. I think he has 1 or 2 mechanics that work for him throughout the week, just you know, during the daytime, it’s his own equipment.

President Charles Anderson asked, how many trailers does he have then?

Jeff Ward stated, I think he has 6 trailers right now, 3 tractors and 6 trailers.

President Charles Anderson asked, do we have, anybody in the audience have any questions about the request to rezone? Want to come forward.

Chris Bushman stated, my name is Chris Buschman. The property that is being, want to be rezoned, sits right between Boone St. which runs 2 ½ 3 blocks south off of 24 and Hillside Drive which runs 2 blocks south. It would sit right smack in the middle of residential and if we grow any, that will be the first residential growth would be right in there. So we’re not in favor of it.

President Charles Anderson asked, you have anybody else with any, want to come forward and state your name?

Melba Fleck stated, Melba Fleck, I live on Boone Street. Our back yard is right there and I mean, agricultural, we’ve enjoyed the agricultural, because my husband and I both grew up on farms and we figured whenever it changed it would go to residential and attending the bio-town meetings the plan for industrial areas is going to be on the north side of town not in the middle of residential.

President Charles Anderson asked, we have anybody else?

Carol Williams stated, I’m Carol Williams and I work at Reynolds elementary and we are only a block from this area where they want to put these semis and I do not believe it’s a good place to have it when we have kids walking to school.

President Charles Anderson asked, anybody else have any questions about the request to rezone? Commissioners have any questions about the request?

Don Ward asked, did they, did they have any plans for the ditch, covering the ditch or piping it or..?

Jeff Ward stated, no, as far as, I’m not sure what you’re asking Don.

Don Ward stated, well you know the ditch that runs along there.

Jeff Ward stated, right.

Don Ward stated, it’s like that’s the boundary line on it.

Jeff Ward stated, correct. As far as covering it.

Don Ward stated, closing it and covering it.

Jeff Ward stated, no. There is, you do have some B-2 that’s going to take use to this also. You’ve got a restaurant that sits there.

Don Ward stated, yeah, the rose. The old rose.

Jeff Ward stated, yeah. No, I say it’s a individual, he doesn’t, he’s not going to get any bigger than what he is. We’ve tried this actually. The problem that we run into is, he has the room at home to do it but with frost laws and stuff they don’t want you driving down the county roads in the spring time with a heavy truck. We tried Monticello but there’s no where really available to purchase or build so this is the next best idea.

Director Weaver stated, Jeff I want to make you aware there is a setback from that ditch.

Jeff Ward stated, yeah. We’ll obviously, you know, the first step is the zoning, if we can get the zoning, the special exception variance then we will have it engineered and everything.

Attorney Altman asked, Diann, is this in town?

Director Weaver stated, yes.

President Charles Anderson stated, yeah, its right next to the Rose.

Director Weaver stated, yes, yes it does.

President Charles Anderson stated, 2 blocks from 24, or 43 and 421. Any other questions about the request from…

Attorney Altman stated, ready to vote.

President Charles Anderson stated, we’ll go ahead and vote.

The results of the vote were as follows: 1 affirmative and 8 negative. This will be presented to the Town Board of Reynolds Indiana for their action.

Attorney Altman stated, we’re never exactly sure when they’ll hear it. It will be forwarded out tomorrow so please check with your town board as to when it will come before them, okay. They have the final say on this.

****

#936 Larry L. Brown & John M. Brown; The property is located on part of the Southwest Quarter of Section 15, Township 28 North, Range 4 West, 2nd Principal Meridian, Monon Township, containing 1.169 Acres, in Monon Township, located on the East side of Monon at the North corner of Greenwood and Broadway streets.

Violation: None

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

President Charles Anderson asked, do we have anybody here representing the request?

John Million stated, yes, my name is John Million, I’m an attorney here in Monticello. I’m here on behalf of Larry and John Brown. Their requesting a change in zoning for this 1.16 acre tract from A-1 to B-1. They are in the process of selling this piece of property to a purchaser who plans to erect a retail business on it commonly known as, for the time being, as far as we know a convenience store.

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

Don Ward stated, see that’s, the schools right across the street.

John Million stated, the school is nearby, yes.

President Charles Anderson stated, how convenient. Anybody else, any other commissioners have any questions about the request?

Attorney Altman stated, we’ve got some photos being passed around.

President Charles Anderson asked, anybody in the audience have any questions about the request? A lot of energy drinks and things like that served there?

John Million stated, I’m sorry.

President Charles Anderson stated, candy bars, energy drinks.

Attorney Altman stated, oh I bet. You got that right. I bet.

President Charles Anderson stated, if no questions I’d say let’s go ahead and vote.

The results of the vote were as follows: 9 affirmative and 0 negative. This will be presented to the County Commissioners for their action.

Attorney Altman stated, that will be next Monday morning, at 8:30 right here.

John Million stated, thank you gentlemen.

Attorney Altman stated, than you Mr. Million.

****

#937 Larry Brown; The property is located on that part of the Southwest Quarter of the Southwest Quarter of Section 15, Township 28 North, Range 4 West of the Second Principal Meridian in Monon Township, containing 3.665 Acres, in Monon Township, located on the East side of Monon on the North side of St. Rd. 16 and East of Greenwood Street.

Violation: None

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

Marc Clapper stated, I’m Marc Clapper, I’m buying the ground from Larry with the rezoning contingency to put a funeral home next to Heights veterinary clinic pasture which is, I don’t know the exact distance away but it’s away from the Dollar General the other direction, so.

President Charles Anderson asked, is this basically in the same area then?

Marc Clapper stated, yes sir, I would say 300 yards down the road, something like that.

President Charles Anderson asked, want me to read this out, I don’t really think I have to. Its pretty close and theirs 3.665 acres on this property and their requesting to zone from A-1 to B-1. Commissioners have any questions about the request? Anybody in the audience have any questions about the request. If not, I’d say lets go ahead and vote.

The results of the vote were as follows: 9 affirmative and 0 negative. This will be presented to the County Commissioners for their action.

Attorney Altman stated, this will be next Monday morning at 8:30.

****

#313 Richard L. Williams; Requesting approval of a 5 lot subdivision to be known as Richards Subdivision, on part of the SE ¼ SW ¼ 5-27-3 containing 1.354 Acres in Liberty Township, located South of Lowes Bridge and off of East Shafer Drive. On the South side of Lake Road 36 E.

President Charles Anderson asked, do we have anybody here representing that request? And your name is?

Richard Williams stated, Richard Williams.

Attorney Altman asked, wait a second, this is on secondary isn’t it?

Director Weaver stated, this is for a secondary.

Attorney Altman stated, oh I’m passing out the primary ballots. I’m sorry.

Director Weaver stated, well hopefully those are already pulled out.

President Charles Anderson asked, did we have something that we had to bring this back for the secondary then or is there a reason to bring it back?

Director Weaver stated, he was reconfiguring his lots because of the road.

President Charles Anderson asked, so did we get it done the way we we’re supposed to?

Richard Williams asked, is there any consideration here at all? You’re taking half my gazebo.

Gerald Cartmell stated, no you’re taking it. You’re taking it. You’re the one who wants this done, we don’t want it done, so see you’re taking it.

Richard Williams stated, I know, I know. All the utilities are going to go right down the middle of the road where you have the right-of-way from the existing road. Can’t you just take a 10 foot strip for utility right-of-way and give me my 7500 square foot on that 1 lot?

President Charles Anderson asked, it has to meet the…

Richard Williams asked, you have a deal in Richey Park for a septic subdivision and you didn’t require any extra road right-of-way. Also if you can vary 4 feet I think you can vary enough to give me the 7500 feet to keep my 2 buildings and the gazebo which he doesn’t show I guess.

President Charles Anderson stated, the reason behind that was to get a 50 foot right-of-way thru is that the reason on that?

Director Weaver stated, yes.

Richard Williams stated, I tried to buy this, straighten it out which would have cured everything but they need the parking space in the trailer court. It’s never going to be anything but a dead end road. You’re getting half of your right-of-way or easement from me and the other half is going to be a farm field for god knows when. I just, I just don’t really want to lose that gazebo and have to move these buildings. That one little one doesn’t matter because it’s on runners but the big ones bolted to the concrete.

President Charles Anderson stated, these were just going to be just for…

Richard Williams, Id have to add 23 feet I think.

Director Weaver stated, no residences. It is a non-residential subdivision.

President Charles Anderson asked, this is a non-residential subdivision and it’s just for storage or…

Richard Williams stated, 2 neighbors want garages across the road.

President Charles Anderson asked, from where they’re at?

Attorney Altman stated, but he wasn’t going to confine that to that.

Director Weaver stated, the plat says non-residential.

Richard Williams stated, I’m just simply sighting the Richey Park.

President Charles Anderson stated, yeah, we, what we’re trying to do is get away from making any subdivisions with smaller than 50 foot of road because the subdivision ordinance requires, but this is a…

Richard Williams stated, well it’s a dead end road, it will never be anything else. I’m, I’m causing 2 more turnarounds, I’m the only one that has a turnaround.

President Charles Anderson stated, the main reason for having the 50 foot is for ingress and egress of emergency equipment and I don’t know how much emergency equipment is going to be needed for garages.

Richard Williams stated, well the houses are across this little 20 foot road but I’m creating more 2 more turnarounds. I’m the only one with the turnaround which is right in front of this garage.

President Charles Anderson stated, but these are, this is a non, listed as a non…

Director Weaver stated, the plat states that it is non, for, non-residential lot. So the way I interpret that is that means no homes can be built on these lots.

President Charles Anderson stated, I would say that too. Commissioners have any…

Richard Williams stated, there is, there is no homes, it’s just.

Mike Smolek asked, can you get an overview picture of this too.

Director Weaver stated, sure.

Richard Williams stated, on this road there’s only 9 homes and their all on the right hand side except 1.

President Charles Anderson asked, they’re wanting garages over on this side, is that what the whole deal is?

Richard Williams stated, everything has been approved if they take…

President Charles Anderson asked, where are their, how are they going to access this then, just thru that driveway that you plan for that? Or are they going to access it from their own homes?

Richard Williams stated, no, they come down the road, their house is on the right and then they turn left into their little lot and their little garage.

President Charles Anderson asked, okay, so actually, is the road all the way along that then? So why did you need…

Gerald Cartmell stated, because we have not been allowing any lots without a 50 foot ingress or egress. We made this one, added 26 which made it 46 feet, wasn’t quite the the 50.

Attorney Altman stated, so that the man could keep his garage.

Richard Williams stated, they made a variance on 4 feet because it would take off 4 feet of my garage so they made that variance.

President Charles Anderson stated, so it’s only 46 feet.

Attorney Altman stated, 46 feet.

Don Ward stated, that’s 46 feet.

President Charles Anderson stated, I wasn’t here that meeting, I didn’t know what you guys…lucky me.

Richard Williams stated, 33 and 26. You’re asking for 33 setback.

President Charles Anderson asked, but it’s not going to actually be a road anyway then.

Attorney Altman stated, no, it can be but it…

Richard Williams stated, no it can’t.

Don Ward stated, it can be.

Attorney Altman stated, it can be, yes it can.

Don Ward stated, I mean once that, once it’s, once it’s, probably won’t be, at least in our lifetime.

Richard Williams stated, and you have NIPSCO and REMC power lines with the towers going across the lake which would be right in the middle of this extra 26 feet of road that you want so it would be right in the middle of the 20 foot and the 26 foot.

President Charles Anderson asked, but they’re going to access every lot off of the existing roadway then, is that how their going to access these lots on that side?

Richard Williams stated, off of the existing roadway yes.

Dave Scott asked, what’s the most we can give you without you having…

Richard Williams stated, just give me 7500 square feet in that 2nd lot, that’s all I want.

Dave Scott asked, which lot, this number 2 lot?

Richard Williams stated, yeah, it didn’t come out to 7500, it does now but it’s taking my gazebo and…

President Charles Anderson asked, where’s your house at then?

Richard Williams stated, across from the garage. I’m on the other side of the road also. Right straight across from that garage.

Don Ward asked, which shed’s on concrete? The north one or the south one?

Richard Williams stated, they’re both on concrete but small building is on runners.

Don Ward asked, how far is it into the street, into the road.

Richard Williams stated, they took another 23 feet from the original lot to make that 2nd lot 7500. The first one did with the angle on it, just barely made it and I got on my knees and tried to get that little pie shape which would solve everybody’s problem but they have to park cars in it.

Dave Scott asked, I got this, you guys want to see this? Kind of helps me a little bit. If it’s non-residential, can they change that later on?

President Charles Anderson stated, they’d have to come back and change it and then he’d have to…

Richard Williams stated, they don’t, they don’t have, there’s not enough room there. They’d have to buy behind it, more off the field and their not interested in selling anything.

President Charles Anderson asked, so these are non-buildable lots other than they can put garages on them.

Richard Williams stated, I was on my knees for 12 years just to get that.

Mike Smolek asked, the way we see this is the way you want it or do you want more?

Richard Williams stated, no they changed it already.


Mike Smolek stated, they’ve changed it already.

Richard Williams stated, this is the original lot that I bought, that lot was 80.

Mike Smolek stated, when we met first this is the, I brought this because this is the original.

Richard Williams stated, no, they’ve moved it.

Mike Smolek stated, well no, what I’m saying.

Richard Williams stated, oh, this is original, there ya go.

Mike Smolek stated, yeah, this is original, this is the one that.

Richard Williams stated, because you’re not splitting that building.

Dennis Sterrett asked, how close was your gazebo to the original?

President Charles Anderson asked, is this a private drive then, coming back here?

Attorney Altman stated, no, I don’t think it’s private.


Director Weaver stated, I think it was.

Attorney Altman stated, okay, maybe it is.

Director Weaver stated, let’s ask him, I was thinking it was, but you may be right.

President Charles Anderson asked, why can’t she use the 20 feet that’s already there and add 30 feet to that and call that the 50 foot right-of-way.


Attorney Altman stated, that’s what we did.

President Charles Anderson stated, okay.

Director Weaver stated, okay.

Attorney Altman stated, only we, we only took 26 feet.

President Charles Anderson stated, 26 feet okay, I thought you said the 46 feet.

Attorney Altman stated, totals 46, that’s all, rather than the 50 because we didn’t want him to move that garage, we cut him that much slack.

Director Weaver stated, Rick is this road private? Is it privately maintained or is it maintained by the county.

Richard Williams stated, they come down it once in awhile, but they don’t have to, we maintain it. I have a little kid that we, so it’s private, the county won’t come down it unless it’s a little snow removal.

Attorney Altman stated, Mr. Williams, you’re aware that if you change this…

President Charles Anderson stated, you got to come again…

Attorney Altman stated, you have to come back again next month because you’ll have to have a new plat.

President Charles Anderson stated, have a different plat.

Richard Williams stated, if you’re willing, I am.

Attorney Altman stated, I just want you to know that this, we have to approve a plat before us.

Richard Williams stated, I understand, I understand.

Attorney Altman stated, it’s not on the come so to speak.

Richard Williams stated, I’d just like for it to go back to the original. That’s all.

President Charles Anderson stated, which was the 20 feet though.

Richard Williams stated, well it makes this 2nd lot short by, tell me Don, you had it figured out.

Don Ward stated, well you’d have to go, you’d have to go, cut the street down from 46 to about16.

Richard Williams stated, well your talking about 35, 35 times 23. Whatever that is.

President Charles Anderson stated, you have to add about 9 ½ feet. Take 9 ½ feet off this street or 10 feet. That would make it 16 plus 20 or 36 feet.

Richard Williams stated, which would be 800 and something. It would be 800 short, 800 feet square feet short, right?

Mike Smolek stated, so the first one had a 20 foot right of way, the one we’re looking at tonight has 46, and what he’s talking about is going back to 36.

President Charles Anderson asked, the old plat he had, had a just a 20 foot or just…

Director Weaver stated, right.

Don Ward stated, see his other one was like this, and if we do what he wants we would be putting the street line out here. That building would be inside and his gazebo is here and that would be inside his lot here because he is going to keep this one, that’s his building.

President Charles Anderson stated, yeah.

Don Ward stated, that’s what he wants us to do.

President Charles Anderson stated, if these are non buildable lots and their just going to use them for…

Don Ward stated, I know.

President Charles Anderson stated, I don’t think we can get in trouble that away.

Don Ward stated, oh we can get in trouble.


Attorney Altman stated, you bet ya.

President Charles Anderson stated, yeah, but if they come back and say that, I’ll just say, well okay then if you want to make yours non buildable lots then…

Don Ward stated, I agree with that, if anything is ever done it’s probably going to be on such a massive scale though.

President Charles Anderson stated, well they would have to take part of that side to. Or move this back.

Don Ward stated, I don’t think it matters.

President Charles Anderson stated, I don’t think it does either.

Attorney Altman stated, I do, but that’s alright.

Don Ward stated, well I do, it matters but…

Attorney Altman stated, I do but that’s up to you guys to make that…

Don Ward stated, well there’s 20 foot lanes all over that lake on both of them.

Attorney Altman stated, but we didn’t make them.

Gerald Cartmell stated, but we didn’t make them, that’s right.

Richard Williams stated, but bear in mind that these emergency vehicles are going to have a place to turn around now. 3 places instead of just mine. So it’s not…

President Charles Anderson stated, being that it is restricted to where they are non buildable lots I think we can do that. We’ve already changed it to 4 feet according to what you guys did last time. Now if I had been here that wouldn’t have happened but…

Dave Scott asked, Don you said that if he makes it, he makes that easement 16 feet instead of 26 he’ll have, then he can move his property line back?

Richard Williams asked, you wouldn’t have given me the 4 feet?

Don Ward stated, then he can move his lot line back.

Dave Scott stated, did you hear what Don said there?

Richard Williams stated, no sir.

Dave Scott stated, move your lot line back and make this 16 instead of 26 feet and that’ll give you your 7500 feet.

Richard Williams stated, just put it back to the original stakes.


Dave Scott stated, right, and you got to move this line 16 feet instead of 26.

Director Weaver stated, no, not the way it was originally.

President Charles Anderson stated, you got a, original would show just a 20 foot road coming thru there and you’d be platting the whole thing, what you need to do is just come beyond the building you got there that you don’t want to move your gazebo…

Richard Williams stated, let’s see here, you’re changing the road…

Dave Scott stated, make this 16…


Director Weaver stated, you would still be widening the road by 16 feet.

Dave Scott stated, and then you can put that one back where it was I think is what he said.

Richard Williams stated, yeah, that’s all I’m interested in there.

Dave Scott stated, you got to change this to 16.

Don Ward stated, it’ll allow your building that’s on concrete to stay. That’s the whole premise of this.

President Charles Anderson stated, but you’re going to have to bring another secondary back to us, we can’t really vote on it.

Richard Williams state, I wish I didn’t have to argue because you guys are to busy to look at my face for another month.

Gerald Cartmell stated, you didn’t argue.

Director Weaver asked, but you enjoy coming to see us, right?

Dennis Sterrett, so what’s he doing? He’s moving this back 10.

Dave Scott stated, yes.

Dennis Sterrett asked, and moving this over?

Dave Scott stated, yes moving it over where it was.

Dennis Sterrett stated, not quite where it was but…

President Charles Anderson stated, no we don’t need a motion, he just has to do it, resubmit a secondary. Table this to the next meeting. Number 313 has been tabled to the next meeting until we get another secondary plat.

Attorney Altman asked, may I have the ballots back in please?

President Charles Anderson asked, are we all in agreement if he changes that to 16 feet then because he’s not going to want to come back here and us say no.

Attorney Altman stated, now Mr. Williams I do want it stated on your secondary plat, I want it be laid out much more specific that each lot is non-residential and can not be built on for residence.

President Charles Anderson stated, yeah, do that.

Richard Williams stated, that’s fine.

Attorney Altman stated, okay, okay.

****

#314 David Wagner; Requesting approval of a 2 lot subdivision to be known as Fernway, on that part of the Northeast Quarter of the Southwest Quarter of Section 5, Township 27 North, Range 3 West in Liberty Township, containing 1.022 Acres, located in Liberty Township. The property is located East of Silver Camp and South of Lake Road 37 E. at 4538 E. Lake Road 37 E.

President Charles Anderson asked, do we have anybody here representing the request?

David Wagner stated, yes sir, I’m David Wagner.

President Charles Anderson asked, we got both the primary and the…

Attorney Altman stated, I see only secondary or primary.

Director Weaver stated, only primary because he does not have drainage approval for secondary.

President Charles Anderson asked, do you have all the ordinance for the subdivision?

Director Weaver stated, yes.

President Charles Anderson asked, commissioners have any questions about the subdivision? And all the subdivision ordinances have been met for the primary approval so I’d say lets go ahead and vote on it, no conditions at all.

Don Ward stated, well you don’t go back to the street with the..

President Charles Anderson asked, well, what do we got there? And this is going to be residential though?

Don Ward stated, right, looks like he has plenty of room though.

David Wagner stated, oh yeah.

Dave Scott asked, what about the right-of-way on the end is that for utilities or is that a road there also?

David Wagner stated, which end.

Dave Scott stated, the 130 foot right-of-way down…

David Wagner asked, is that on the east side?

Dave Scott stated, no, it’s on the west side.

President Charles Anderson stated, yeah, I’d ask for the 50 foot on there now. We can still pass this contingent that he puts that on the secondary plat right?

Director Weaver stated, so 30 additional feet?

Don Ward stated, no, we’d go 10 additional feet.

Director Weaver stated, well, that’s why I’m clarifying because this is 2 separate roads.

Dave Scott asked, if you wanted to could you drive all the way around that?

David Wagner stated, yeah, I own the house to the south of it and I own the driveway which is on the east of it as well.

Director Weaver stated, their side by side but their 2 separate roads. You have 2 20 foot roads.

Don Ward stated, they have a common, they’re private roads.

President Charles Anderson asked, is there a fence in between them?

Director Weaver stated, maybe part of it. I think we’re going to have to clarify that with them.

Dave Scott stated, there’s 700, so this sits back. This existing dwelling in the garage.

Director Weaver asked, can you tell in there, I don’t know if you can?

President Charles Anderson stated, in the trees there.

Attorney Altman stated, that’s what I’m wondering, I’m not sure.

Director Weaver stated, here, here you go, here’s the road going back, yeah. And the other road’s over here.

Dave Scott stated, well, the utility easement shown here.

Attorney Altman asked, so that would be the new road on this side.

Dave Scott stated, so I guess that makes it 50 feet doesn’t it, if you add that 10 feet easement across the front. Can that…

Don Ward stated, yeah, that, that makes it okay. What you ought to do is get those people together and join those 2 roads and turn them over to the county.

David Wagner stated, I should, I mean 37 and 38 are right next to each other.

Don Ward stated, they’ll take a 40 foot road, they won’t take anything less.

Attorney Altman stated, but if you dedicate that utility easement, that 10 foot there, then you got a 50 foot road.

David Wagner stated, right. I think that was Mr. Milligan’s intention.

Attorney Altman stated, then he ought to back it up and dedicate it as roadway and it also can be used as the utility easement.

President Charles Anderson stated, the easement right-of-way, so we already got it on here but we need to specify roadway thru there.

Director Weaver stated, only 10 more feet then.

Attorney Altman stated, only 10 more feet, yes.

Dave Scott asked, but if he does that that will move back his building line wont it?

Don Ward stated, it moves back his setback line.

Dave Scott stated, his setback line.

Attorney Altman stated, yeah, it will move that much back.

Dave Scott asked, who owns the other 20 foot road?

David Wagner stated, pardon me.

Dave Scott asked, who owns the other 20 foot road.

David Wagner asked, what do you mean, 38 E? You talking about where?

Dave Scott stated, he said there was 2 20 foot roads.

David Wagner stated, don’t know.

Dave Scott stated, because weren’t you guys just talking about combining those roads? We need to find out who owns that other road before they can…

David Wagner stated, but that road was put in specifically as I understand to serve the property that’s just north of Murphy’s place out there and there was a couple old houses in there and they were rumored condos or something, you probably know more than I do.

Director Weaver stated, theirs nothing filed on that yet. But that would be to their advantage then too. If they are planning on putting condos back there.

Attorney Altman stated, it would be very much to their advantage.

Members of the board speaking.

Attorney Altman stated, what you ought to do is go to the people who own the north 30 foot. Get them to agree to combine them together and you all benefit out of it.

David Wagner stated, well I understand that, but would that be something to do with the future or would that hold this up because basically this is an existing piece of property. I’m not going to build on the other one any time soon. I just want to sell that other half off of there. We’re not impacting the traffic or anything else on that road.

Attorney Altman stated, the only thing being….


David Wagner stated, I understand codes and reasons for 50 foot right-of-ways, but I don’t see putting in a 30 foot street with 30 feet back to back curbs and then 10 feet on each side and then throw in sidewalks in there any time soon.


Attorney Altman stated, we didn’t say that, we said you got to have the right-of-way.

David Wagner stated, I know but, I’ll dedicate as much as you need.

Attorney Altman asked, 50 foot.

David Wagner stated, well there’s already 20.

Attorney Altman stated, ok 30 more.

David Wagner stated, if I have to.

President Charles Anderson stated, that’s what’s, unless you can get them to…

Attorney Altman stated, we’re just saying go get them and then you don’t have to do more than 10 feet more. That’s all I’m suggesting.

David Wagner stated, I don’t know what that entails, so. Again I understand but when the other thing comes back you combine the roads and you got it done anyways, so I’ve got 30 here, he’s got 20. Should I give 5 and he give another 5? It doesn’t matter to me, you know, 10 foot is not a problem for me.

Attorney Altman stated, you’re trying to name your own poison so to speak, but we’re trying to suggest a midway ground that doesn’t…

David Wagner stated, what happens if I can’t get him to agree?

Attorney Altman stated, then you may have to come up with the 50 feet.

President Charles Anderson stated, which is going to make you really close on your house.

Attorney Altman stated, which we don’t want to, which we don’t want to do.

Director Weaver stated, but if he gives up 30…

David Wagner stated, well I understand, it’s, pretty much, kind of defeats the purpose of doing this.

Dennis Sterrett asked, aren’t both those private?

Director Weaver stated, that’s what’s stated on the plat yes.

Attorney Altman stated, that’s what I’m saying is, if you get an agreement Denny, then they can, he, neither one of them have to give up very much.

Dennis Sterrett asked, did you say the county plows them, well it might be, but that doesn’t mean…

David Wagner stated, they run a grater down there and fill the holes to I guess. I don’t know, I’ve never seen them come down there.

Director Weaver stated, well now the one is barricaded isn’t it as you go on to the west?

David Wagner stated, it’s barricaded at the edge of his property. So basically you’d have about midway thru his property is where his gate is, or probably a little bit further west than that, so then there’s some tree’s between the 2 roads so in order to combine them you’re going to have to go in there and hack down the trees and everything else.

Attorney Altman stated, we didn’t say that.

David Wagner stated, well, I mean that, the trees would be in the right-of-way.

Attorney Altman stated, we said you’d have to dedicate, you’d have to dedicate it. Yes.

Don Ward stated, if it’s, the point is it was dedicated to the county then the trees are there, if they decided someday they want them out of there they’ll take them out, otherwise you got a boulevard.

David Wagner stated, I understand that the trees…

Bob Thomas stated, these roads take a little bit of a split as you go west.

Attorney Altman stated, yes.

Bob Thomas stated, just a little and theirs trees in there that are on his property and his ends, the private part of his property ends before you get to the end of where Silver Camp comes in on 37E. So basically what you’re telling me is that I’m going to have to cut this corner in order to give you 50 feet all the way around there.

David Wagner asked, or does he have to dedicate 25 feet on his property? And then does Murphy and Seacrest and them have to dedicate some more off of their property to finish that road over there.

President Charles Anderson stated, if their going to, they would have to do that if they tried to make a subdivision. But right now they don’t have to do anything, it’s already grandfathered in the way it is.

David Wagner asked, what should I do gentlemen? I’m not here, I’m just asking for your help.

President Charles Anderson stated, the easiest thing for you to do would be give 50 feet on your side, but then you’re going to have a 70 foot right-of-way thru there too but the best thing to do would be to get them to…

Dennis Sterrett stated, well he’d only need to give 30 feet more, he’s already got 20 feet. So if you take the 30 minus the 32 front and 30 back he would still have 78 feet of lot.

Dave Scott stated, yeah, but that’s going to put his existing buildings out of compliance.

Gerald Cartmell stated, building would be out of compliance then.

Dave Scott stated, best thing for him to do is try to negotiate with the guy that owns…

President Charles Anderson stated, all he has to do is dedicate it as a…

David Wagner asked, none of these roads are dedicated already or what? I don’t understand.

Attorney Altman stated, it says they’re all private roads.

David Wagner stated, okay, so we’d have, the part here that’s further, that’s 705 feet would still be private but non-dedicated and this one would be a dedicated but still private? I’m trying to understand where I’m coming from, you understand.

Bob Thomas stated, but from here out to the, out to the E Lake Rd. is you know, the farm field here, Spackman’s own all the property up to there.

David Wagner asked, and that would be 2 20 foot roads, in the middle we would have a 50 and a 20 and then we turn the corner we have 20 foot left, is that what we’re suggesting?

President Charles Anderson stated, what they really want you to do is try to get that other guy to say that it’s dedicated with your 20 feet.

David Wagner asked, okay, I’m willing to talk to him, how do I do that?

President Charles Anderson stated, I don’t know.

Don Ward stated, it’s really to their advantage.

David Wagner stated, I understand it’s a conglamourant that owns it and…

Director Weaver stated, the auditor’s office would have the ownership, the treasurer’s office can tell you a mailing office to contact them at.

President Charles Anderson stated, but what you got to present is though they’re going to need 50 feet if they’re going to want to build anything back in there.

David Wagner stated, right, right, but they’d have my portion of the 50 feet. They’d have to go over to Mr.Spackman to get his, another 10 feet from him, so that they got 5 foot from him so they got 25 feet in each side. Get 5 feet from the guy that owns the farm and so on and so forth. Now, would this be something this guy might want to do in pieces?

President Charles Anderson stated, they only need to do that , you’re the one who needs the 50 feet. You need the 50 feet right now if you want to make this subdivision.

David Wagner stated, I understand that.

President Charles Anderson stated, he only needs it if he decides to do a subdivision, then he’d have to get a 50, have some kind of a 50 foot right-of-way using part of yours to go thru too. Then if he needed something further on than that they he needed.

David Wagner asked, but the private road is ownership? Do I own that piece of private road?

President Charles Anderson stated, yeah, but you want to, but you need for your subdivision is a 50 foot right-of-way in there whether you own it or not.

David Wagner stated, I understand what you’re saying, but I mean, I don’t own it, but, it’s not on my plat. You know what I’m saying?

Dave Scott asked, well who owns the first road then? Is that his?

David Wagner stated, you know what I’m saying, I just want to know if I’m…

Don Ward asked, it’s not on your deed right, the 20 foot road?

David Wagner stated, no, this is it, this is the property. Where he’s got it staked out here.

Dennis Sterrett stated, I imagine it was for Silver Camp, when Silver Camp was put in.

Don Ward stated, that’s been there a long time.

David Wagner stated, so if I don’t own the road, then is it, is it, is it incumbent of me to widen it?

President Charles Anderson stated, you don’t have to widen it.

David Wagner stated, or dedicate, you know more than what’s, you follow me?

President Charles Anderson stated, if you want the subdivision you have to have 50 foot of road coming into it is what you need. Whether it’s 50 foot off of you or 20 foot off of them and 30 foot off of you.


Don Ward stated, what would be ideal is 5 feet along each side, combine the 2 that makes a 50 foot right-of-way all along the county road. The county could take over the maintenance, you guys are out of it.

David Wagner asked, if he doesn’t agree to this I either give away 30 more feet or I don’t subdivide it, correct?

Attorney Altman stated, pretty much right, yeah, yeah. So you want to try to do that and then come back with the plat showing what you’re going to do.

David Wagner stated, I suppose I got to don’t I.

Attorney Altman stated, okay, okay.

President Charles Anderson stated, do you want to…

Bob Thomas stated, table it.

Attorney Altman stated, I think that’s about what…

President Charles Anderson stated, we couldn’t vote on this thing right now the way it is.

Attorney Altman stated, not the way he’s positioned the dock.

David Wagner asked, when would it be continued to?

President Charles Anderson stated, a month from, well, the first, or the second Monday of next month.

Director Weaver stated, I think I’ve got it here.

David Wagner stated, so, I’m done, thank you for your time gentlemen, I appreciate your help. Have a good night.

Director Weaver stated, it would be June 11th.

Attorney Altman stated, June 11th.

David Wagner stated, June 11th.

Attorney Altman stated, yes please.

David Wagner stated, thank you very much.

President Charles Anderson stated, next on the agenda would be what, business. Do we have any business to discuss.

Director Weaver stated, I just wanted to mention to the board that secretary’s day was last month and I did order flowers from both boards and myself to give to the girls.

President Charles Anderson stated, do we need the flower fund built back up?

Director Weaver stated, well that pretty well wiped it out, yeah. And I also bought pizza for them, so, they gave us a thank you card for the flowers.

President Charles Anderson stated, we need some donations here to go to the flower fund and stuff if we can get them.

Director Weaver asked, are we adjourned?

President Charles Anderson asked, have a motion for adjournment?

The meeting adjourned.

Respectfully submitted,

Donald W. Ward, Secretary

White County Area Plan Commission

Diann Weaver, Director

White County Area Plan Commission

“I AFFIRM, UNDER THE PENALTIES FOR PERJURY, THAT I HAVE TAKEN REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN THIS DOCUMENT, UNLESS REQUIRED BY LAW.”