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APC MEETING SEPTEMBER 14, 2009

The White County Area Plan Commission met Monday, September 14, 2009, at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: David Rosenbarger, Gregory Bossaer, James Mann Jr., Donald W. Ward, Richard Lynn, Dennis Sterrett, Mike Smolek and Gerald Cartmell. Also attending were Attorney Kevin Riley, Executive Director Joe Rogers, Secretary Gayle Rogers and Deputy Ben Woodhouse.

 

Visitors attending were: Charles R. Mellon, William D Sallee, Pam Johnson, Andy Strus.

The meeting was called to order by Secretary Don Ward and roll call was taken. It was motioned, seconded and unanimously passed to approve the minutes of the July 13, 2009 meeting.

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#979 Andrew J. Strus; requesting a rezone from R-2 (one & two family residential) to B-2 (general business) to build a commercial greenhouse to raise and sell a specific hybrid of petunia.

Lot Number Seventy-two (72) in Walker, Jenners and Reynold’s Addition to the town, now City of Monticello, White County, Indiana; commonly known as 111 S. Railroad Street.

Andy Strus was present to represent the request. After a few questions to verify there was adequate parking space and setbacks could be met, and, inquiring as to whether any neighbors objected, the board called for a vote. Eight votes were cast. Result: 7 approved, 1 disapproved, 0 abstained with the contingency that Mr. Strus obtain a variance for the lot width. The lot is 51’ wide, but the ordinance requires a B-2 property to be a minimum of 70’ wide. The motion passed to send a positive recommendation to the Monticello City Council for final approval if a variance is granted. If the variance is denied, the property will remain zoned R-2.

Findings of Fact

1. The proposed rezoning is compatible with current conditions and the overall character of existing development in the immediate vicinity of the property that is the subject of the rezoning request (8-0)

2. The proposed rezoning is the most desirable use for the property that is the subject of the rezoning request (7-1)

3. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction (7-1; comment – R-2 too close, small lot)

4. The proposed rezoning reflects responsible standards for growth and development (7-1)

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#980 William Dale Sallee; requesting a rezone from I-1 (light industrial) to B-1 (neighborhood bus.) to renovate an existing building to become a first floor business and a second floor residence.

APC MEETING SEPTEMBER 14, 2009 CONTINUED

The East Half of Lot Number Eight (8) in Block “E” in the Origninal Plat of the Town of Wolcott, Indiana, more commonly known as 202 W Market Street, Wolcott, IN 47995.

Representing the request was Bill Sallee. He stated he is purchasing this property on contract. He is recently divorced and has custody of his children. Granting of the rezone will allow him to move back to his hometown to raise his children. This is a historic building and he would hate to see it torn down. It is currently in a condition of disrepair. He is an electrician by trade and will first restore the upstairs into acceptable living quarters for his family in his spare time so they may move in as soon as possible. Result 8 – 0 passed contingent upon Mr. Sallee obtaining a letter of authorization from the owner of record of the property allowing Mr. Sallee to rezone. Upon receipt of such letter, the rezone request will be sent with a positive recommendation to the Town Board of Wolcott for final approval.

Findings of Fact

1. The proposed rezoning is compatible with current conditions and the overall character of existing development in the immediate vicinity of the property that is the subject of the rezoning request (8-0)

2. The proposed rezoning is the most desirable use for the property that is the subject of the rezoning request (8-0)

3. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction (8-0)

4. The proposed rezoning reflects responsible standards for growth and development (8-0)

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General Business:

Amendments to the Zoning Ordinance

RV Executive Committee

Joe Rogers spoke to the board regarding direction for the RV Executive Committee. The Ordinance allows for a mobile home to be used as a construction trailer when working on a property for the future construction of a permanent residence. The Ordinance, however, does not allow for the use of an RV for this purpose. Joe read a letter into the record that was received by the Area Plan office written by a citizen with just this intent in mind. The Ordinance also does not allow an RV to be hooked up to utilities and used by the property owner as a summer home. The only place the Ordinance allows an RV to be used as a residence is in a campground. One may be hooked up and used by a visiting guest of a homeowner for a period not to exceed fourteen days on the homeowner’s property. Following some discussion, the board agreed the Ordinance should be amended to allow expanded use of RV’s.

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Home Occupation

At the BZA hearing August 20, 2009, Joe was asked to move amending Section 3.1 Home Occupation of the Ordinance to the top of his priority list. The BZA settled a suit with a party and this section of the Ordinance will come into play. It needs to be clarified for enforcement. After much discussion by all, it was agreed that the amendment to the Ordinance should include the following:

1. delete the opening paragraph stating all home occupations must be registered

2. remove the special restrictions for professional offices

3. yard signs should be allowed

4. change “eliminate” to “regulate” in 3.1.1 Purpose and Scope

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APC MEETING SEPTEMBER 14, 2009 CONTINUED

delete “wherein no home occupation exists” in 3.1.2 H.

6. reword 3.1.2 B. to eliminate the calculation of accessory buildings in the 25% rule

7. 3.1.2 K. relates to structures, not activity as far as business being “invisible” from the outside

8. “massage parlor” should be defined

Sign Ordinance Executive Committee

Joe asked for guidance as to whom the board would like to see on the Sign Ordinance Executive Committee. The committee will most likely meet twice per month for three or four months. Suggestions were business people, a city representative such as Street Commissioner Doug Roberts, someone from the Greater Monticello Chamber of Commerce, a member of the APC or BZA and Dave Stimmel. The committee should focus on enforcement when amending the Ordinance. Government signs should be handled as they are currently – no permit required, but the developmental standards must be followed and safety is a must. Joe asked that the board email any specific names to him that they would like to see on the committee.

Alternate Procedure

Joe Rogers explained to the board that the Alternate Procedure amendment to the Ordinance was ready for them to vote to incorporate into the Ordinance or not. All the amendment does is allow the board the opportunity to institute the Alternate Procedure at some time in the future as they see fit. The only change was requested by Kevin Riley in sections 12.4 & 12.5 to change the verbiage to say “determined by rules as adopted by the Area Plan Commission”. A vote followed. Result: 7 supportive; 1 opposed. The amendment will be presented to the County Commissioners for approval. Next month Joe will submit the rules that were drawn up by executive committee for the Alternate Procedure.

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Secretary Ward asked if there was any new business. There was none. The meeting was adjourned at 9:25 pm.

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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