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APC MEETING APRIL 6, 2009

The White County Area Plan Commission met Monday, April 6, 2009, 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, Dave Rosenbarger, Donald W. Ward, Dennis Sterrett, Richard Lynn, Greg Bossaer, Gerald Cartmell and David Scott. Also attending were Attorney Kevin Riley and Director Joe Rogers.

 

Visitors attending were: Charles R. Mellon, Nancy Downey, Chris M. Holt, Woodrow Hamm, James Davis, Christine A. Thayer, Donna Durflinger, John Barbee

The meeting was called to order by President Charles Anderson and roll call was taken. It was motioned, seconded and unanimously passed to approve the minutes of the March 9, 2009 meeting.

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#971 Donna S. Durflinger; requesting a rezone from A-1 to R-2.

The property is located on That part of the Northwest Quarter of the Northwest Quarter of Section 21, Township 28 North, Range 4 West in Monon Township, White County, Indiana described by: Commencing at the northwest corner of the above-said Section 21; thence North 89 degrees 57 minutes 23 seconds East (Indiana State Plane Coordinate Grid System) along the section line 974.30 feet to the point of beginning; thence North 89 degrees 57 minutes 23 seconds East 82.00 feet; thence South 01 degrees 14 minutes 37 seconds East 287.14 feet to a ½ inch iron pipe; thence north 89 degrees 00 minutes 23 seconds West 82.00 feet to a ½ inch iron pipe; thence North 01 degrees 15 minutes 09 seconds West 285.65 feet to the point of beginning, containing 0.539 of an Acre.

COMMON DESCRIPTION: The property is located immediately west of the town limits of Monon at 808 W State Road 16, Monon, IN 47959

Donna approached the podium. After a question from President Anderson the board was ready to vote.

Ballots: 9 approved; 0 denied; 0 abstained

The Executive Director will take the recommendation of the APC to the next County Commissioners’ meeting, April 20, 2009 for a final decision.

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#972 James Davis; requesting a rezone from R-5 to L-1

Lots 16, 19 & 20 in Untalulti Subdivision in Union Township, White County, Indiana

COMMON DESCRIPTION: The property is located at 2325, 2335 & 2337 N. Untalulti Drive, Monitcello, IN 47960

APC MEETING APRIL 6, 2009 CONTINUED

Jim Davis clarified the lots to some of the board members at their request; then a vote was taken.

Ballots: 9 approved; 0 denied; 0 abstained

The Executive Director will take the recommendation of the APC to the next County Commissioners’ meeting, April 20, 2009 for a final decision.

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#973 Chris M Holt; requesting a rezone from R-5 to L-1

Lot 9 Royal Oaks Subdivision 2 in Union Township, White County, Indiana

COMMON DESCRIPTION: The property is located at 1824 Royal Oaks Drive, Monitcello, IN 47960

Chris went to the podium. No one had questions – board or audience. Voting followed.

Ballots: 9 approved; 0 denied; 0 abstained

The Executive Director will take the recommendation of the APC to the next County Commissioners’ meeting, April 20, 2009 for a final decision.

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General Business:

Amendments to the Zoning Ordinance

Lake Front Clarification, Section 14.2 Words & Phrases Defined

After Attorney Riley read the proposed amendment, much discussion ensued regarding the water being the front lot line. The amendment was tabled. Director Rogers will appoint an Executive Committee to recommend a revised proposal.

Major Objections raised by the audience and board members to the proposed amendment included:

1. The water being the sole front lot line

2. The definition of watercourse is too broad

3. The definition of lake is not in the Ordinance manual

4. Restricting the amendment to just lakes may be too confining

5. Corner lots could be allowed to build too close to a road if the water side is the only front

Mobile Home Amendment Proposal, Section 3.3 Manufactured & Mobile Homes

Section 4.5.8 Nonconforming Manufactured & Mobile Homes

Attorney Riley gave an overview of the proposed amendment. Section 3.3 was simply correcting a typo that said any mobile home in the county must be constructed “before”, which should read, “after” January 1, 1981.

APC MEETING APRIL 6, 2009 CONTINUED

Section 4.5.8 regarding nonconforming mobile homes would be entirely deleted and replaced with the proposed amendment. The proposal addresses the ability to replace manufactured and mobile homes and where new Type I and Type II homes may be allowed. A nonconforming manufactured or mobile home use is grandfathered and the home may be replaced, however, current setbacks must be met. Following a short discussion, the proposal was passed with a 9 in favor, 1 opposed vote. The proposal will be taken to the County Commissioners for their vote before going to the municipalities.

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Non-Conforming Lots Amendment, Section 4.5.2 Single Nonconforming Lots of Record

Section 4.5.3 Nonconforming Lots of Record in Combination

Attorney Riley explained that the proposal deletes the phrase “continuous frontage in single ownership”. The proposal was passed with a 9 – 1 vote and will be presented to the County Commissioners.

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New Business

Director Rogers requested that the board engage Attorney Riley to draft an amendment proposal stating that properties previously zoned R-5 will be subjected to L-1 when on water and R-2 otherwise for developmental standards and R-6 will utilize R-4 standards. It was moved and seconded for Attorney Riley to write an amendment proposal for the next meeting and passed by a 9 – 1 vote.

President Anderson mentioned that it has been past practice not to pay members for Executive Session meetings. The Area Plan budget can not support such practice. Director Rogers will be in attendance at the next County Council meeting on April 20, 2009 and anyone wishing to lend support should attend.

President Anderson inquired if there was any other business. None was stated. It was moved, seconded and approved to adjourn. President Anderson adjourned the meeting.

Respectfully submitted,

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Donald W. Ward, Secretary

White County Area Plan Commission

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Joseph W. Rogers, Director

White County Area Plan Commission

 

Document Prepared By: White County Area Plan Secretary, Gayle E. Rogers

“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.”

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