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APC MEETING MAY 10, 2010

The White County Area Plan Commission met Monday, May 10, 2010, at 7:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Dave Rosenbarger, Don Ward, Jim Mann, Dave Scott, Richard Lynn, and Mike Smolek. Absent: Charlie Anderson, Greg Bossaer, Dennis Sterrett, and Gerald Cartmell

Also attending were Attorney Ben Diener, Executive Director Joe Rogers, and Secretary Gayle Rogers.

 

Visitors attending were: Charles R. Mellon, Katrina Shields, JJ Selagy, Carolyn Sollars, Holly Franscoviak and Linda Eckert.

The meeting was called to order by Vice President Dave Rosenbarger as acting President in the absence of President Charlie Anderson. The meeting minutes of April 12, 2010 were approved as written.

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#983 Executive Director J Rogers/Monon; requesting a rezone from R-2 (One and Two Family Residential) to B-2 (General Business) to match use with correct zoning district.

Lots # 15 and #17 on Arch Street in the Original Plat of the Town of New Bradford, now Monon, White County, Indiana more commonly described as 106 W 4th St., 110 W. 4th St., 112 W. 4th St., and, Lot #19 on Arch Street in the Original Plat of the Town of New Bradford, now Monon, White County, Indiana, Except Seventy-five (75) feet off the entire East side of said Lot #19; more commonly known as 115 W 4th Street.

According to Director Joe Rogers, the first official zoning maps for the county were adopted in 1970 – 1971. In 1976 there was an attempt to correct some zoning in Monon with a new map. This map apparently did not make it to Area Plan nor was it ever adopted by the APC. It would have corrected the zoning on the lots. Instead, these lots have been incorrectly zoned as R-2 since the inception of Area Plan. The buildings are clearly business buildings and have been since they were built prior to 1900. Monon would like to rezone these lots to bring them into conformance and allow for remodeling, change of business type, etc.

Katrina Shields voiced her concern regarding parking for these businesses. She lives across the street, on the southwest corner of Arch and Fourth Streets. Her mailbox is on Fourth Street and she does not want to lose mail delivery because the mail carrier can not get to her mailbox if business patrons are parked there. She can not have her mailbox on Arch Street for this reason, dental patients park in front of her house for the dental office across the street.

APC MEETING MAY 10, 2010 CONTINUED

JJ Selagy, representing the Town of Monon explained that no businesses are being added, this is simply a request for proper zoning. The business on the corner was previously a variety of businesses, most recently an upholstery shop and will soon become a small grocery store. He went on to say Monon does not have regular mail delivery in town. Some residents are able to have home delivery if they happen to be on a carrier’s route. The town residents have always been required to have a post office box and pick up their mail at the post office.

Dave Scott moved to vote with a Don Ward second. Result: 6 votes cast; 6 grant; 0 deny

Findings of Fact:

1. The proposed rezoning is consistent with the goals, objective, and policies of the White County Strategic Plan and any other applicable planning studies and reports, as adopted and amended from time to time. 6 agree

2. The proposed rezoning is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property. 6 agree

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 6 agree

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 6 agree

5. The proposed rezoning reflects responsible standards for growth and development. 5 agree; 1 no opinion, comment: might have parking issue

Director Rogers announced that the positive recommendation to rezone will be certified to the Town of Monon for a determining vote at their next meeting of May 18, 2010 at 5:30 pm.

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Business

Amendment to Zoning Ordinance Chapter 3 Mineral Extraction

Director Joe Rogers stated that he would like to discontinue this amendment until such time that we know in what direction the County Commissioners are heading with this topic. The board was in agreement with this approach. The Ordinance will be amended at some point in the future to follow the preferences of the County government.

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Tents and Portable Structures

Director Rogers asked the board for guidance regarding the handling of temporary structures such as tents. Many businesses have tent sales, however, Hubbard is the only one that comes in our office for a permit for their tent sale. Tents are used by churches, at town festivals, for weddings and graduations along with business uses for special sales, etc. If the strict letter of the Ordinance is followed, all these uses would require not only temporary use permits but also location permits. Mike Smolek stated the reason for the tent permit was to regulate the location when a circus comes to town. Joe mentioned bazaars and carnivals are listed as their own separate line item in the section regarding temporary use permits. Dave Rosenbarger asked if the Area Plan office currently gets complaints regarding tents. Joe said we have not had any complaints about tents in his tenure as director. The general consensus of the board is, if it has not been a problem, why turn it into one by enforcing the Ordinance as written. The Ordinance should be amended with a time limit being the criterion.

APC MEETING MAY 10, 2010 CONTINUED

APC MEETING APRIL 12, 2010 CONTINUED

APC MEETING APRIL 12, 2010 CONTINUED

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PUD Minor Changes

Joe Rogers informed the board that Mar Casa PUD was developed under the 1995 zoning ordinance. According to that ordinance, the Executive Director may approve minor changes to a PUD without re-platting the PUD. The Director is then required to inform the board of any such changes. He is using this opportunity to advise the board that he approved the addition of a swimming pool to the PUD as a minor change. He did not approve the addition of a bath house. That will require re-platting and coming before the APC for approval.

APC MEETING APRIL 12, 2010 CONTINUED

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Don Ward motioned and Dave Scott seconded to adjourn the meeting at 8:30 pm.

Respectfully submitted,

____________________________

Donald W. Ward, Secretary

White County Area Plan Commission

___________________________

Joseph W. Rogers, Exec. 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.” ____________________________________________________________