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The White County Area Plan Commission met Monday, January 11, 2010, at 7:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Charles Anderson, Dave Rosenbarger, Dave Scott, Jim Mann, Don Ward, Richard Lynn, Dennis Sterrett, Gerald Cartmell and Mike Smolek. Also attending were Attorney Ben Diener, Executive Director Joe Rogers and Secretary Gayle Rogers.


Visitors attending were: Charles R. Mellon

The meeting was called to order by President Charlie Anderson. The first topic on the agenda was Reorganization. It was moved by Dave Scott and seconded by Gerald Cartmell to keep the same officers: Charlie Anderson, President; Dave Rosenbarger, Vice President; Don Ward, Secretary. The ensuing vote was unanimous. The minutes for the October 13, 2009 and the December 21, 2009 meetings were unanimously approved following a motion by Jim Mann and a second by Don Ward.


President Anderson announced the meeting would be one of general business as there were no rezones or subdivisions submitted. President Anderson turned the floor over to Executive Director Joe Rogers for an explanation of the Zoning Ordinance amendments to be considered.

Chapter 13 Enforcement

Joe explained that the amendment is to bring the ordinance into conformance with current practice and to provide for right of entry and stop work order. It also adds specific steps to be followed in the case of a civil zoning violation along with public rights. Joe added that the fine schedule will be amended accordingly for County Commissioner approval. Upon completion, the fine schedule, the ordinance and office practice will all be compliant. Dave Scott moved to accept the amendment as written, Dave Rosenbarger seconded and the motion passed with a unanimous 9 – 0 vote.


Chapters 3 & 4; Chapter 14; Appendix A

Amending parts of the above listed sections pertaining to RV’s.

Joe mentioned the major changes were to clean up language that was requested the last time the board reviewed this amendment including the definitions for campground, recreation area and recreational vehicle. Another item was to define “permanently affixed”. After some discussion it was proposed by Ben to use the word “and” in the list of what entails “permanently affixed” to clarify that all conditions must be met. The next major issue was to clarify the term “in use”. Don Ward motioned to accept the amendment with Attorney Diener’s suggested change. Jim Mann seconded. The vote was 9 – 0 in favor.


Alternate Procedure Rules

Joe informed the board that this is next step in the Alternate Procedure process, however, this does not put the procedure into effect, it simply sets the guidelines for the Hearing Officer to follow. There was discussion regarding the assignment criteria as to which variance go to the Hearing Officer and which to the BZA. There was concern as to whether the Hearing Officer should hear cases involving building within the existing footprint. After much discussion, it was conceded that this would be acceptable. People can always appeal to the BZA if they don’t like the decision of the Hearing Officer. Joe also pointed out that these rules are just the APC rules, not a part of the ordinance, and may be changed at any time. He recommended that the APC revisit the rules prior to implementing the Alternate Procedure and appointing a Hearing Officer. Don Ward suggested that it be stated more clearly that the Executive Director is the person who determines with which entity the variance will be heard. There was also a question as to whether or not the applicant has a choice in the matter of assignment. Dave Rosenbarger moved to accept the rules as written with the change proposed by Don Ward. Don Ward seconded. The motion carried with an 8 – 1 vote.


New Business

Joe explained a situation the office has faced regarding a neighbor complaint about a deck on the lake. The deck was built in 2004 with no permit. It does not meet the front setback of 30’. Joe went on to say that the office checked into how setbacks were applied in 2004 only to find they were not consistent nor was the ordinance interpreted correctly in his opinion, as explained to him by a former area plan employee. The board was surprised to hear that a 30’ setback is required for a deck on lake properties. Gerald Cartmell suggested that all existing decks be grandfathered. It was also suggested that the front setback on the lake for decks be waived. Joe will propose an amendment reflecting those suggestions at the March 8, 2010 meeting.

Joe then gave each board member a copy of the Annual Report.


President Anderson adjourned the meeting at 8:45 pm.

Respectfully submitted,


Donald W. Ward, Secretary

White County Area Plan Commission


Joseph W. Rogers, Director

White County Area Plan Commission


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