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The White County Board of Zoning Appeals met on Thursday, March 16, 2000 at 7:30 p.m. in the Commissioner’s Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were Gary Barbour, Ray Butz, and Jerry Thompson. Also attending were Attorney Jerry Altman and Director Diann Weaver.

Visitors attending were: Doris A. Van Meter, John James, Cindy Duff, Jill Scott, Bob Scott, Jimmie Scott, Charles R. Mellon, Charles B. Roth and Jerry McMindes.

The meeting was called to order by President Jerry Thompson and roll call was taken. Gary Barbour made a motion to dispense with reading and approve the minutes of the August 19, September 16 and October 21, 1999 meeting. Motion was seconded by Ray Butz and carried unanimously.

Attorney Altman swore in all Board members and audience members.

President Thompson stated, due to the fact, we will announce on the record that variance #1090 has been tabled until the April meeting.

Director Weaver stated, April 20th.

Attorney Altman stated, April 20th right here, same time.

President Thompson stated, we don’t normally take things out of order but due to the fact that it has been tabled. We have some people that have made the trip to hear the variance and they do have a question.

Attorney Altman stated, we may not be able to give you an answer but you can ask the question.

President Thompson stated, within reason we will let you ask a couple of things and then probably after that we had better hold off until he is attending.

Charles Roth stated, just a question that I had was a point of clarification on the ordering of things because we understood it, Jacobs’ is planning to try to put a warehouse into that property, if that is the case as we understand it, that has to be zoned as an “I”. Which do you ask for first, a rezoning or a variance for the setback?

Director Weaver stated, I have no idea what he is intending to do on the property, he has not told us that.

Charles Roth asked, don’t you need to know that before you ask for a variance, a setback?

Director Weaver stated, he’s asking for a variance for the structure.

Charles Roth asked, but unless you know what it is going to be used for how can you grant something like that?

Attorney Altman stated, we will have to see what he presents in the way of evidence, that’s all I can say to that.

Charles Roth asked, but if it does have to have a rezoning which do you go for first?

Attorney Altman stated, it’s up to the applicant honestly, it’s their money, it’s their call on that.

Charles Roth stated, I just wanted clarification.

President Thompson stated, both of them are required.

Attorney Altman stated, both are required, they would have to do both and as to the order of doing it, it’s kind of up to them and we just take their applications and listen to them.

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#1081 Ronald & Vonda Kirkham; Requesting a special exception variance to place a 1980 New Moon Mobile Home in White County. A special exception is required as per Section 10.20, Article 10.2001 of the White County Zoning Ordinance to place an outdated mobile home in White County. Tabled from February 17, 2000.

President Thompson asked, do we have anyone representing this request?

Director Weaver stated, they are not here tonight and this is the 3rd time that they have not shown for the meeting.

President Thompson stated, therefore it cannot be re-advertised right?

Director Weaver stated, that’s right.

Attorney Altman stated, for the record, I have sent them letters informing them that if this happened this evening, that they did not appear, they had to remove both trailers. So the board and public record is noticed up so I can talk now even though they are not here, if they don’t proceed I intend to file in court maybe not tomorrow but at least Monday getting an injunction to remove all of his trailers off of this property.

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#1087 Doris Van Meter; Requesting a 6’ rear setback variance to build an attached garage onto a new home on Lot #13 in the Industrial Addition. The property is located in the City of Monticello at 501 Ireland Street.

President Thompson asked, do we have anyone representing this request?

Doris Van Meter was representing the request.

President Thompson asked, do you have anything additional to present to the Board this evening?

Doris Van Meter asked, what do I need?

President Thompson stated, you just tell us whatever you want us to know.

Doris Van Meter stated, the only reason that I’m asking for this variance is I’m a little bit handicapped and I just didn’t feel comfortable with having 6’ between the house and the garage in the wintertime.

Attorney Altman asked, the house is not built right Director Weaver?

Doris Van Meter stated, yes it is.

Director Weaver stated, yes, the house is already there.

Attorney Altman asked, so where it says proposed it is now an actual building?

Director Weaver stated, yes, the home is already there.

Attorney Altman asked, it’s the garage that is now proposed?

Director Weaver stated, that’s right.

Attorney Altman asked, the house met all setbacks so it’s no problem, it’s just having this garage on this lot right?

Director Weaver stated, that’s right.

President Thompson asked, have we received anything on this?

Director Weaver stated, I don’t believe that we have received anything from the neighbors.

President Thompson asked, is there anyone here opposed to the variance this evening? Are there any concerns from the Board?

Attorney Altman stated, this is city water and city sewage. Is this single story?

Doris Van Meter stated, yes.

Attorney Altman asked, the garage will be single story also?

Doris Van Meter stated, yes.

Attorney Altman asked, just conform with the roofline of your present home there?

Doris Van Meter stated, yes, it will conform but the West side of the house will be all the same, the roofline will be a little bit different on the front side because of the house being 24’ or 28’ wide, but it will look nice.

President Thompson asked, if there is no other discussion is the Board ready to vote?

The Board stated, yes.

With no further discussion the Board voted.

The Board finds the following:

1. That the property is properly zoned R-2, One and Two Family Residential.

2. That the lot was an existing lot of record at the time of enactment of the ordinance, as defined in Section 2.114.

3. That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit.

4. That no objectors were present at the meeting.

5. That proper notice was given by mail to adjoining property owners.

6. That the request is for a 6’ rear setback variance to build an attached garage onto a new home on Lot 13 in Industrial Addition in the City of Monticello, White County, Indiana.

COMMON DESCRIPTION: The property is located in the City of Monticello at 501 Ireland Street.

7. That the variance herein authorized and granted is not so typical or recurrent in nature as to make typical or recurrent the formulation of a general regulation under an amendment of the ordinance for the above said condition or situation of the above said specific piece of property, and the board additionally finds that the above said variance is based on the findings of fact so made that are required to be made under the provisions of Section 10.10 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorizes the above said variance under the above said sections of the zoning ordinance.

The variance was granted based on the findings of fact by a vote of 3 affirmative and 0 negative.

Attorney Altman stated, you need to get a building permit before you proceed.

Director Weaver stated, you need to get your city permit before you come to our office.

Doris Van Meter stated, I need to go see Mr. Braaksma tomorrow?

Director Weaver stated, yes.

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#1088 Jimmie and Jill Scott; Requesting a 28’ front setback from Cross Street and a 26’ front setback from East Street on Lot #5 in the Original Plat of Buffalo to build a room addition and a roofed porch. The property is located in the Town of Buffalo at 202 S. East Street.

President Thompson asked, do we have anyone representing this request?

Jimmie Scott was representing the request.

President Thompson asked, do you have anything to add?

Jimmie Scott stated, just pictures of houses in the community that set actually closer than what we will be.

President Thompson stated, we can see them but we keep them.

Jimmie Scott stated, that’s fine.

Attorney Altman stated, I need to mark those.

Director Weaver stated, we did receive a call from a neighbor on this, I think that he was a little more concerned with the address than he was with what you were doing. Evidently, there is a problem with your address up there but we will get into that at another time.

Jimmie Scott stated, the first one, Exhibit 1, is just a picture of our home showing the distance from the front of the house to the street which is Cross Street. This one is what will be the front view, what will be the front of the house with the addition will be off of this back corner.

Attorney Altman stated, that would be Exhibit 2 that he is referring to now.

Jimmie Scott stated, Exhibit 3, this is our next door neighbor’s house to the West of us and this shows how close his is actually to the road. Exhibit 4, this is actually my grandfather’s house and how close his porch and house is from the road. Exhibit 5, this is the one that is a little goofy, this house was added onto 2 or 3 years ago. They came across the back of it and they didn’t have to have a variance or nothing, just a building permit. It actually sits right on the road right-of-way and no one had any problem with it but we just wanted to show it. Exhibit 6, that is the same, as Exhibit 5, just a different view of the house. Exhibit 7, this is the other house to the West of us, it shows how close. Exhibit 8 is basically the same thing just different houses. This on actually, the post right there, that actually is his property line. I realize that all of this is actually grandfathered in but the old building. Exhibit 9, this is just a garage that was put on 3 years ago and it was a little iffy, we thought on the alley because if you line up the old buildings down the other side of the alley it’s really close to being in the alleyway, we thought.

Attorney Altman asked, is this a single story home?

Jimmie Scott stated, well, a story and a half. It has a finished attic in it.

Attorney Altman asked, your proposed addition, will that be single story then?

Jimmie Scott stated, yes.

Attorney Altman asked, will it be a bedroom or what will it be?

Jimmie Scott stated, it would be a dining room.

Attorney Altman asked, so there will be no additional bedrooms added?

Jimmie Scott stated, no.

President Thompson asked, are there any concerns from the Board? Is there anyone here opposed to the variance this evening?

Gary Barbour asked, this is the side that they are going to be building on right?

Director Weaver stated, yes.

Gary Barbour asked, what is that right there?

Director Weaver stated, it’s a fire hydrant.

Jimmie Scott stated, I put that in, it’s just decorative, that’s all that it is. There are no fire hydrants.

President Thompson asked, is there any other discussion?

The Board stated, no.

With no further discussion the Board voted.

The Board finds the following:

1. That the property is properly zoned R-2, One and Two Family Residential.

2. That the lot was an existing lot of record at the time of enactment of the ordinance, as defined in Section 2.114.

3. That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit.

4. That no objectors were present at the meeting.

5. That proper notice was given by mail to adjoining property owners.

6. That the request is for a 28’ front setback from Cross Street and a 26’ front setback from East Street on Lot #5 in the Original Plat of the Town of Buffalo, Indiana.

COMMON DESCRIPTION: The property is located in the Town of Buffalo at 202 S. East Street.

7. That the variances herein authorized and granted are not so typical or recurrent in nature as to make reasonable practicable the formulation of a general regulation under an amendment of the ordinance for the above said specific piece of property, and the Board additionally finds that the above said variances are based on the findings of fact so made that are required to be made under the provisions of Section 10.10 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorized the above said variances under the above said sections of the zoning ordinance.

The variance was granted based on the findings of fact by a vote of 3 affirmative and 0 negative.

Attorney Altman stated, you need to get a building permit before you proceed. Exhibits 1-9 are accepted into the record.

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#1089 Cynthia Duff; Requesting a special exception variance as per Section 10.20, Article 10.2001 of the White County Zoning Ordinance to put an appraisal business on the first floor of the existing home on Lot #2 in Hughes Addition. The property is located in the City of Monticello at 506 N. Main Street.

President Thompson asked, do we have anyone representing this request?

Cindy Duff was representing the request.

President Thompson asked, do you have anything further to add?

Cindy Duff stated, no.

Director Weaver stated, we did ask for a floor plan of the 1st floor where she is planning on putting her office, she did provide us with that. We did receive a couple of letters on this, one is in favor of the request and they state that they have no objections to the request. The other one is against this request and those are in the file.

Attorney Altman stated, the first one that I will read was received March 13, 2000, Exhibit A, from Dorothy Roth, this letter was read into the record. The second letter received March 14, 2000, Exhibit B, received from Robert Bleicher, this letter was read into the record. Tell us a little bit more about your business what do you expect to have in there? Just describe it.

Cindy Duff stated, I’m the owner of it and I’m the only person that will be working there. There have been no changes on the inside, the driveway on the property goes with the property and that’s what I use. Like right now while I’ve been renovating the down stairs, I have been parking in there, driving trucks and stuff in there to remove debris and so forth but I’m pretty much done with that. There’s parking area out in the back in the alley. It’s not a walk in business sometimes people stop to drop off plans or something for a new construction. Personally, I probably don’t get any more business, walk in business than what an average family would get from kids running in and out from school. It’s right across from the Dollar General area and True-Value it’s on a one way street but there’s just no traffic, it doesn’t involve any kind of excess traffic.

President Thompson asked, so are you going to have signs to let people know?

Cindy Duff stated, there will be a little sign, just a little one but everything is done by fax machine or phone. Banks call me, banks will fax over requests but they don’t come and see me and order it. The mailman brings and delivers packages. As a rule, I have worked, I’ve been an appraiser for 10 years and in a company that had 4 appraisers in Delphi and we hardly ever had people come in, we go out to see the people.

Director Weaver stated, this could have probably classified as a home occupation but she is not intending to live on the property so that’s the reason that we suggested a special exception.

Ray Butz stated, they probably won’t have any more traffic than a beauty shop.

Director Weaver stated, probably not.

Cindy Duff stated, a lot less.

President Thompson asked, if this is going to be a business, shouldn’t she rezone for that?

Director Weaver stated, an appraisal business is not addressed in the Ordinance.

Attorney Altman stated, there are several things that are similar to this, it seems to me in our Ordinance that’s allowed in an R-2. That would be a real-estate office would be similar to this sort of a use and the home occupations, as Director Weaver indicated that she is not going to be there, not really the same but another type of business would be daycare that would be allowed there. I’m just reading the things that would be allowed there without a special exception but I think that the real-estate office would be something that she is talking about herself alone and no walk in. That’s why I wanted her to describe her business, it sounds very similar in fact much less.

Director Weaver stated, much less, right.

President Thompson asked, what if her business grew and she required 3 or 4 more people?

Attorney Altman stated, she would have to get a different special exception.

President Thompson stated, I thought that but, I wanted to hear it.

Gary Barbour asked, how would you determine if it would need another exception?

Attorney Altman stated, when she used more people than herself. She said that she was the only one that was going to work there.

President Thompson asked, is there anyone here opposed to the variance?

Gary Barbour stated, I guess my concern is how you would monitor that, not that I don’t take your word for it.

Attorney Altman stated, that’s always the problem and I agree with you that it may be and that is the sort of thing that would have to be continually watched.

Gary Barbour asked, what is the rest of the building going to be used for?

Cindy Duff stated, there maybe an apartment upstairs or something, it’s nothing right now. Maybe at some point.

Director Weaver stated, that’s another reason that she could not rezone because you can’t have a residence in a business zoning now. That’s another reason for going this route instead of a rezoning or something of that nature.

President Thompson asked, is there any other discussion? If not, let's vote.

Attorney Altman stated, she can’t have an apartment there, a rental apartment.

Gary Barbour asked, she can’t?

Attorney Altman stated, yes, for the record.

With no further discussion the Board voted.

The Board finds the following:

1. That the property is properly zoned R-2, One and Two Family Residential.

2. That the lot was an existing lot of record at the time of enactment of the ordinance, as defined in Section 2.114.

3. That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit.

4. That no objectors were present at the meeting.

5. That proper notice was given by mail to adjoining property owners.

6. That the request is for a special exception variance as per Section 10.20, Article 10.2001 of the White County Zoning Ordinance to put an appraisal business on the first floor of the existing home on Lot #2 in Hughes Addition in Monticello, White County, Indiana.

COMMON DESCRIPTION: The property is located in the City of Monticello at 506 N. Main Street.

7. That the special exception variance herein authorized and granted is not so typical or recurrent in nature as to make typical or recurrent the formulation of a general regulation under an amendment of the ordinance for the above said condition or situation of the above said specific piece of property, and the board additionally finds that the above said variance is based on the findings of fact so made that are required to be made under the provisions of Section 10.20 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorizes the above said variance under the above said sections of the zoning ordinance.

The variance was granted based on the findings of fact by a vote of 3 affirmative and 0 negative.

Attorney Altman asked, does she need a building permit Director Weaver?

Director Weaver stated, no, unless she puts up a sign and if you put up a sign you should come in and see us.

Attorney Altman stated, the other thing with a special exception, if you don’t start your special exception within 1 year it becomes void.

****

President Thompson asked, is there any other business?

Director Weaver stated, just an update on the amendments, so far they have been passed by, we’re just waiting to hear from Chalmers, Burnettsville. The County Commissioners chose to make their decision after the small towns had decided on these amendments so we’re making progress, and that’s on the notification of the adjacent owners.

President Thompson asked, what is this Charlie just told me coming in? Is there another tower in the process of being built East of Monon? We never approved anything.

Director Weaver stated, I don’t know anything about it.

President Thompson stated, this Board did not approve anything East of Monon.

Charlie Mellon stated, that’s what I was going to ask.

Director Weaver asked, East of Monon?

Charlie Mellon stated, yes.

President Thompson asked, you said on Buzz Horton’s property?

Charlie Mellon stated, yes.

Director Weaver stated, okay yes, I know where he is talking about. Yes, the Board did approve that.

President Thompson asked, when?

Charlie Mellon asked, when?

Director Weaver stated, I will have to look at my notes.

President Thompson stated, that must have been awhile back.

Director Weaver stated, it has not been that long ago.

Charlie Mellon stated, maybe it was 2 or 3 years ago and they just started putting it up.

Director Weaver stated, Horton Farms, it was passed October 21, 1999.

President Thompson asked, is there any other business?

Director Weaver stated, that’s all that I have.

Gary Barbour asked, for the appraisal, should we get that added so that it’s in the books so we don’t have to do another variance on it because it’s going to come up in the future?

Attorney Altman asked, you mean if someone else?

Director Weaver asked, amend the ordinance? There are a lot of things we need to amend in our ordinance.

Attorney Altman stated, you basically have to have it the way that it is presented.

Director Weaver stated, no, he is saying to amend the schedule of uses, I think is what he’s getting at.

Attorney Altman stated, yes, I think that would be a good idea to put in there. It’s clearly a use that would be reasonable to have in there.

Gary Barbour stated, I make a motion then that we amend it.

Attorney Altman stated, yes, make that a proposal.

Gary Barbour stated, so that it’s taken care of so we don’t have to see it back here again.

President Thompson asked, do I hear a second on that?

Ray Butz seconded the motion.

President Thompson stated, it’s been moved and seconded to amend.

Attorney Altman stated, we don’t actually do that but we need to propose that to the Area Plan Commission and that’s what you have just done. They can have it advertised and that be sent to the Commissioners and the Council in White County and everyone else so it can be amended and changed.

Cindy Duff stated, when I spoke with Mr. Milligan when he was doing my survey and my lot placement, he said that he didn't see any reason why I had to do this because it was just like a surveyor’s office. He thought that I would be okay because he was reading what you guys were talking about because he said that I wasn’t like a real estate office or insurance company where people come and go. A good comparison is like a surveyor’s office that doesn’t have really walk in business. You might have a receptionist there that occasionally answers the phone or something.

Attorney Altman stated, his surveyor’s office isn’t mentioned either and proved in there so that he would have to get a special exception also, which is something that maybe should be in like what your saying Gary.

Gary Barbour stated, why don’t we just have both of them?

Attorney Altman stated, I think that both of them would be reasonable.

Gary Barbour stated, then it’s done with.

Director Weaver stated, actually a surveyor is more than what she is requesting because they have hired employees as well. They can’t have a surveyor business with one employee.

Attorney Altman asked, it would be much more active, much more intense than her use?

Director Weaver stated, yes.

Gary Barbour stated, just leave it with the appraisal.

Attorney Altman stated, but I think that is a really good thing to put in.

President Thompson stated, we have a motion on the floor but I’m going to ask you to abbreviate and restate it if you could.

Gary Barbour stated, we need to get a schedule on the ordinance that we have appraisal offices put under. What is the one?

Attorney Altman stated, R-2.

Gary Barbour stated, R-2.

President Thompson asked, do I hear a second on that?

Ray Butz seconded the motion.

President Thompson stated, it’s been moved and seconded, all signify by saying I.

The Board stated, I.

President Thompson stated, all opposed the same. Motion carried.

Attorney Altman stated, so we will forward that on and get it through, get it advertised and approved and part of the ordinance.

Director Weaver stated, that reminds me too, we had discussed amending the parking ordinance, I sent a letter out to the City of Monticello, County Commissioners. I have not talked with the Mayor about it, I do not know what their input was on it, he has not told me but the County Commissioners are willing to amend that parking requirement. I will talk to the Mayor and see what their opinion is so we can get something done with that.

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President Thompson asked, if that is all, do I hear a motion to adjourn.

Ray Butz made motion to adjourn.

Gary Barbour seconded the motion.

The meeting adjourned.

Respectfully submitted,

Ray Butz, Secretary

Diann Weaver, Director

White County Area Plan Commission