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The White County Area Plan Commission met Monday, May 12, 2008 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

Visitors Attending were: Bruce Stevenson, Charles Mellon and Ben Woodhouse (Deputy).

The meeting was called to order by Vice President Dave Rosenbarger and roll call was taken. Jim Mann Jr. made a motion to dispense with reading and approve the minutes of the April 14, 2008 meeting. Motion was seconded by Mike Smolek and carried unanimously.


#954 Bruce & Teresa D. Stevenson; The property is located on Lot Number Five in Sandie Hills Subdivision, in Liberty Township, located West of East Shafer Drive and South of C.R. 350 N. at 3365 North Shore Acres Court.

Violation: None

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

Vice President Dave Rosenbarger asked, is anyone in the audience representing this?

Bruce Stevenson stated, I do, I’m Bruce Stevenson.

Vice President Dave Rosenbarger asked, the Commissioners have any questions on this request?

Director Weaver stated, I did receive a phone call from a neighbor this morning, just questioning what was being requested. Evidently she is from Indianapolis, she was not sure she could come tonight. She was told she could fax us a letter if she had concerns and I did not receive any faxes. But I did explain what was going on to her, so.

Dave Scott asked, why is he doing an R-2 instead of an R-1?

Bruce Stevenson asked, I can, I can, can I answer that, not to interrupt you.

Director Weaver stated, sure.

Bruce Stevenson stated, we had purchased or not we but my wife had back in 96 had purchased a build permit and at that time we were zoned as R-2. And then I purchased a build permit a few years back for an above ground permit and at that time we were zoned as R-2 as well and then when we put the addition on my home, or when we wanted to start the addition I had made the addition work according to my setbacks as R-2. When I come up to get a build permit then Diann had notified me that I was zoned as A-1 and which I have the previous…

Dave Scott stated, so that you could meet the setbacks with the existing …

Bruce Stevenson stated, correctly, yeah, correct. The A-1 triples the setback in some instances and then as an R-1 or an R-2, the only reason I chose the R-2 is because the R-2 is because that’s the way the previous build plans or the build permits had been issued before.

Director Weaver stated, and I agree. He did have previous permits that said he was zoned R-2. I’m not sure exactly what happened, what transpired for that to happen, but he evidently never has been zoned R-2. He’s been zoned A-1. The maps are kind of hard to read in this area so I just assume that somebody misread the maps, so.

Vice President Dave Rosenbarger asked, is the whole subdivision an A-1?

Director Weaver stated, yes.

Bruce Stevenson asked, the whole subdivision is A-1?

Director Weaver stated, on, on, that side…

Bruce Stevenson stated, even across the…

Director Weaver stated, on that side of, on your side of the street.

Bruce Stevenson stated, on my side of the street. Yeah, surrounding my house, there’s like an 8 acre pasture and it used to be an old pheasant farm from what I’ve been told and everything on the other side of the lake, I mean other side of the road is all lake homes.

Attorney Altman stated, so your purpose is to have single family residence.

Bruce Stevenson stated, yes. Yes.

Attorney Altman asked, so would you have any objection to entering into a commitment that basically just says that you would only have a single family structure on your lot?

Bruce Stevenson stated, most definitely I think that a difference between the R-1 and the R-2 is that there you can put a duplex on the property and from, there’s no way possible that could even happen so I would be happy with the R-1 regardless.

Attorney Altman stated, okay. But if we go an R-2 with a commitment we get about the same thing. Is what I’m… If you’re willing…

Vice President Dave Rosenbarger stated, if he meets the R-1 he might just want to do an R-1.

Attorney Altman stated, well, okay.

Vice President Dave Rosenbarger stated, easier to try.

Attorney Altman stated, yeah, check, yeah, yeah.

Dave Scott stated, but he can’t meet the setbacks.

Director Weaver stated, he can’t meet the setbacks for and L-1.

Vice President Dave Rosenbarger asked, for an L-1?

Director Weaver stated, or for an A-1, I’m sorry.

Vice President Dave Rosenbarger stated, she’s checking on an R-1.

Attorney Altman stated, yeah, that would be fine if we just did that.

Bruce Stevenson stated, yeah, the correct setback for the R or the A-1 except the rear. I would never be able to build any possible structure on my property at no time in the future period.

Director Weaver stated, I’m going to read you these setbacks for an R-1. Can you tell me if that would work. The front is the same; its 32 feet back from the road right of way. The rear is 35 feet instead of 30 feet. The sides 9 foot with a total of 20 feet between the 2 sides.

Bruce Stevenson stated, okay. Yeah. I currently, right now, according to mine.

Attorney Altman stated, check it, because we don’t want to do this if you.

Bruce Stevenson stated, yes. Well, I’m 16 feet from my North line, 24 feet from my South line, 56 feet from my East line, and 88 feet from the road.

Attorney Altman stated, so you can meet the R-1 setbacks.

Bruce Stevenson stated, I can meet the R-1, I based my drawings and all that off of the R-2 s or the R-1, or I think they are the same. Aren’t they the R-2 and the R-1 setbacks the same.

Director Weaver stated, well that’s what I just read, the difference. The difference is on the rear is 5 foot more of a setback with an R-1. And then on the R-1 its 9 foot side with total of 20. R-2 is 8 foot side with total of 18.

Bruce Stevenson stated, yes, I would meet the setbacks, yes.

Attorney Altman stated, okay, so do you have any trouble about amending your request to go to R-1.

Bruce Stevenson stated, no.

Attorney Altman stated, okay. That keeps it simpler and and you can go that way, you can’t go the other way without re-advertising.

Dennis Sterrett asked, is the lot big enough? I noticed the square footage is 2500.

Director Weaver stated, Jerry, I think there’s a copy of the subdivision plat in that file.

Attorney Altman stated, there is. There is, yeah. Check over it.

Mike Smolek stated, so that’s all subdivided already.

Director Weaver stated, yes, it was done previous to area plan have jurisdiction up there.

Mike Smolek stated, cause I was going to say.

Director Weaver stated, his lot, Denny is 193.52 by 184.52 on one side and 190.47 on the other.

Attorney Altman stated, so it’s about 190 by 190.

Jim Mann Jr. stated, R-2 is 6000.

Attorney Altman stated, average.

Director Weaver stated, and he’s got to have 7500 square feet for an R-1 zoning.

Dennis Sterrett stated, that’s 37000 square feet.

Attorney Altman stated, so he would have that to right Denny. The way you compute it.

Dennis Sterrett stated, yeah, yeah.

Attorney Altman stated, okay, that’s what I thought you were saying.

Vice President Dave Rosenbarger asked, anyone in the audience have any comments? If there’s no more questions I say we vote.

Attorney Altman stated, voting on the amendment to an R-1.

The results of the vote were as follows: 7 affirmative 1 abstention and 0 negative. This will be presented to the County Commissioners for their action.

Attorney Altman asked, and that’s when Diann?

Director Weaver stated, Monday at 8:30.

Attorney Altman stated, next Monday at 8:30 in the morning. They have the final say and that’s when it would become final if they approve it. Okay.

Bruce Stevenson stated, okay.

Attorney Altman stated, very good. Thank you very much.


Vice President Dave Rosenbarger stated, next on the agenda is business. Do we have any business?

Director Weaver stated, Jerry you need to update on our lawsuit.

Attorney Altman asked, which one?

Director Weaver stated, Spears.

Attorney Altman stated, oh Spear. Uh, it, oh gee, I’m going to have to think on that one. Basically we were ready to have a trial about 2 weeks ago wasn’t it Diann. Maybe 3. Mr. Blair….

Director Weaver stated, the 29
th of April I think it was.

Attorney Altman stated, we were getting, doing a lot of discovery work in a very short amount of time and then Mr. Blair after he decided that we ought to do it, and I said yes, we’d get it all done and then he decided it was to much to do in that shortly amount of time so he asked for a continuance so we continued it until when Diann?

Director Weaver stated, August.

Attorney Altman stated, and it is, we, cant do anything while its waiting to be tried so if he wants a continuance, I’ll give him a continuance cause we have him blocked off. I don’t know what else to say other than that other than we do have a couple good witnesses that have arisen there are basically people who have bought whatever he’s, out there he’s selling, his units and says that there’s no question about it being able to prove that there’s a violation there and change of use. That’s about it Diann, anything else you can think about, mention with that.

Director Weaver stated, I can’t think of anything.

Attorney Altman stated, okay, okay, I just… Some of you are on the BZA and some of you are probably interested because it had news in the newspaper quite a bit, the lime plant in Monon, by my calculation it was Thursday was the last day to file an appeal of that and right now we don’t have it. It still could be in the mail. If you certify it and all you can it will be filed, file marked back dated but it will be very unusual to get something presumed from Lafayette up to Monticello and not have it before today.

Gerald Cartmell asked, when was the day? Today’s the day?

Vice President Dave Rosenbarger stated, Thursday.

Attorney Altman stated, no, last Thursday.

Gerald Cartmell stated, knowing Bumbleburg he would wait, ‘til the last second.

Attorney Altman stated, but I tell you what, if he did, it should have been here.

Director Weaver stated, well I haven’t heard from him. Like I told Jerry if he was going to appeal it I think I would have heard from him, I would’ve thought.

Attorney Altman stated, and Charlie, I know you’re interested and aware of that, so I don’t think it is in fact appealed. Again for all, I guess we have almost a quorum sitting here of BZA and I know the rest of you are somewhat interested in what’s happening in White County as citizens. Diann, anything else we have to talk about in the way of litigation?

Director Weaver stated, hmm mmm, can’t think of anything.

Attorney Altman stated, okay, okay. The ordinance coming up. We don’t need to necessarily do this on the record and all but something that Diann’s trying to drum up some real support to get that looked at. I’ll just tell you. We’ve seen this old ordinance and how it was not looked at very carefully at all and this needs to be even more reason to have this one right and you guy’s input is worth three of somebody else that isn’t used to reading statutes like this and has experience so please help Diann and White County have a good ordinance. Because we are paying enough for it I think and you guys, your help can make it so much better.

Director Weaver stated, and really right now we are in the final stages of it and we just need it to go over a few things that have been touched on before but still need some work and you know we really do need your help. It’s, Mike’s been a big help, he’s really been reading it but it’s a lot for 1 or 2 people to consume. I would like to try to have a meeting with our Presidents, Vice Presidents, and Secretary’s of APC and BZA and Jerry to go over the enforcement and administration chapters, I’d like to be able to set up a meeting yet this week so we can address that and then Mike and I had a meeting set up for this afternoon where we were going to address the accessory chapters or some accessory items in the ordinance and the only 2 people that were going to be there were Mike and I so I suggested that tonight since we had you here and we had a real short agenda that maybe we could adjourn our meeting and we could adjourn our meeting and we could do some discussion on our ordinance while we all got you here.

Attorney Altman stated, so block the door off sir, don’t let ‘em out.

Jim Mann Jr. stated, in terms of the ordinance itself, is the strategy to get the wind ready to go, or…

Director Weaver stated, originally yes, but I think that we’re far enough along that now; John Heimlich especially would like to see the whole ordinance be presented for adoption.

Jim Mann Jr. stated, okay.

Director Weaver stated, they were originally after the open house, they were originally aiming to have it on for our June meeting. Now our cutoff for that meeting is the end of this week so I don’t know that that is still going to happen.

Jim Mann Jr. stated, June 8th, it can be done as a part of the APC.

Director Weaver stated, it goes to the APC for the first approval.

Jim Mann Jr. stated, so it doesn’t have to be a special meeting or anything.

Director Weaver stated, no, no, that’s the first step of the adoption process.

Jim Mann Jr. stated, wow.

Mike Smolek asked, well, should we move to adjourn the meeting and then talk about this?

Mike Smolek made a motion to adjourn.

Dave Scott seconded the motion.

The meeting adjourned.

Respectfully submitted,

Donald W. Ward, Secretary

White County Area Plan Commission

Diann Weaver, Director

White County Area Plan Commission

























Document Prepared By: __White County Area Plan, _____________________________________________