Get Adobe Flash player

 

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

Members attending were: Carol Stradling, Jerry Thompson and Jeff Saylor. Also attending were Attorney Jerry Altman and Director Diann Weaver.

Visitors attending were: Jim & Louise Wildrick, Gary Edmondson, Phil Vogel, Bob Coates, Glen & Joan Kelly, Ron & Maryanne Dezelan, Buck Stevenson and Chas R. Mellon.

The meeting was called to order by President Jerry Thompson and roll call was taken. Carol Stradling made a motion to dispense with reading and approve the minutes of the June 15, 2000 meeting. Motion was seconded by Jeff Saylor and carried unanimously. Attorney Altman swore in all Board members and audience members.

****

#1121 Dean A. Huseman, Owner; Crown Castle, Applicant; Requesting a special exception variance as per Section 10.20, Article 10.2001 of the White County Zoning Ordinance to place a communications tower on 10,000 square feet. The property is located on the Southeast corner of State Road 18 and Interstate 65. Tabled from August 17, 2000.

President Thompson stated, I believe that has been tabled.

Director Weaver stated, yes.

President Thompson asked, is this the last chance?

Director Weaver stated, next month, I think they were planning on being here, on both of those.

President Thompson stated, this was tabled from the August meeting also variance #1122, which is, assume the same, it’s the same business has also been tabled from tonight’s meeting. This was also tabled from the original August Meeting.

Attorney Altman stated, they will be heard in December and that’s when Director Weaver?

President Thompson stated, I think that it’s the 21st.

Director Weaver stated, yes, the 21st.


****


#1122 Chrisie D. Helderle, Owner; Crown Castle, Applicant; Requesting a special exception variance as per Section 10.20, Article 10.2001 of the White County Zoning Ordinance to place a communications tower 10,000 square feet. The property is located on the North side of C.R. 500 S. and approximately ¼ of a mile West of U.S. Highway 231. Tabled from August 17, 2000.

From prior discussion this request has also been tabled.

****

#1151 Glen W. & Joan Kelley; Requesting a 12’ front setback variance to bring the existing attached garage into compliance with the White County Zoning Ordinance on lot #15 in Christian Park Subdivision. The property is located in the City of Monticello at 308 S. Park Drive.

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

Glen Kelley was representing this request.

Director Weaver stated, I would like to give the Board some information on this situation, before we go any further. Mr. Kelley purchased this property with this garage already located on this property. Best I can find from the information that we have, the garage was built at the same time that the home was but, it was not built in compliance with our Ordinance according to setbacks and did not even have a permit issued on the garage. There was also a deck and a shed that did not have a permit issued on them. We’ve got the deck and the shed taken care of, in order for me to issue a permit for the garage, we have to get this variance taken care of first. Mr. Kelley is trying to get all of this taken care of and brought into compliance, even though, he is not the person that had done this on the property.

President Thompson asked, once again, class A example for a inspector. Mr. Kelley do you have any additional information to present to the Board tonight?

Glen Kelley stated, no, Director Weaver, did a good gob of it.

President Thompson asked, have we received anything?

Director Weaver stated, no, I have not received anything.

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

Attorney Altman stated, the only thing that I can say and this is true of several matters before us this evening is, we have a high structures act in White County and it has to do with the airport. It essentially is an extension of the runway of the airport to the North and this piece of real estate is in the noise sensitive area, on that piece of ground. We are not adding to it tonight so that it really isn’t too much of a matter but, I’m just making that of record that it is part of the noise sensitive area of the White County Airport Ordinance.

President Thompson asked, concerns from the Board? No discussion, are we ready to vote?

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 12’ front setback variance to bring the existing attached garage into compliance with the White County Zoning Ordinance on Lot 15 in Christian Park Subdivision in Monticello, White County, Indiana.

COMMON DESCRIPTION: The property is located in the City of Monticello at 308 S. Park Drive.

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, I assume Director Weaver for this garage.

Director Weaver stated, right.

Attorney Altman stated, you can do that tomorrow morning.

****

#1152 Ronald J. & Maryanne Dezelan; Requesting a 22’ front setback variance to build a new home and a 4’ front setback variance to build an unroofed deck on the front of the new home on .430 of an acre. The property is located in Union Township at 4667 N. West Shafer Drive.

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

Ron and Maryanne Dezelan were representing this request.

President Thompson asked, do you have any additional information?

Ron Dezelan stated, I have a couple of letters that I don’t think that the neighbors had sent.

Attorney Altman stated, we will accept those. The Board has a letter from the S.F.L.E.C.C, Exhibit A.

Director Weaver stated, yes, I was going to mention that, we did receive a letter from the Shafer & Freeman Lakes Associations, you have a copy of that, and I gave to you tonight, with your pictures.

Attorney Altman stated, it indicates that the S.F.L.E.C.C. does not object to them, I’m paraphrasing, the home on their lots would be 8’ of their property with a deck extended into his property.

Director Weaver stated, there were previously, two homes on this property, the one had a fire this spring correct?

Ron Dezelan stated, yes.

Director Weaver stated, so it is now gone, they are going to remove the remaining house and then build a new home, is what their plans are.

Attorney Altman stated, another letter that has just been handed, Exhibit B, it appears to be a copy, from Jim Brown was read into the record. Kevin B. Brown is it?

Maryanne Dezelan stated, that’s his son.

Attorney Altman stated, I understand but, I think that it says Kevin. The next one, Exhibit C, from Ronald A. & Patricia Mohr was read into the record. It will too be part of the record for this matter.

President Thompson asked, anyone here opposed to the variance this evening? Any questions or concerns from the Board? Nothing, if not are we ready to vote?

With no further discussion the Board voted.

The Board finds the following:

1. That the property is properly zoned L-1, Lake District.

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 22’ front setback variance to build a new home and a 4’ front setback variance to build an unroofed deck on the front of the new home on that part of the Southwest Quarter of the Northwest Quarter of Section 5, Township 27 North, Range 3 West in Union Township, White County, Indiana described by:

Commencing at an iron pipe at the Northwest corner of said Section 5; thence South 00 degrees 34 minutes 33 seconds West (Indiana State Plane Coordinate System) along the section line 1750.42 feet to a ½ inch iron pipe and the point of beginning;

Thence South 81 degrees 13 minutes 19 seconds East 206.77 feet to a ½ inch iron pipe on the SFLECC line; thence along said line South 26 degrees 44 minutes 41 seconds West 48.87 feet to a ½ inch iron pipe, North 89 degrees 45 minutes 19 seconds West 41.12 feet to a capped ½ inch iron pipe and South 00 degrees 34 minutes 33 seconds West 49.94 feet to a capped ½ inch iron pipe; thence North 89 degrees 45 minutes 19 seconds West 142.00 feet to a ½ inch iron pipe on the section line; thence North 00 degrees 34 minutes 33 seconds East 124.24 feet to the point of beginning, containing 0.430 of an acre.

COMMON DESCRIPTION: The property is located in Union Township at 4667 N. West Shafer Drive.

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 authorizes 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 your building permit before you proceed.

****

#1153 James A. & Dorothy Wildrick; Requesting a 24’ front setback variance to build a detached garage on .32 of an acre. The property is located in Union Township at 3982 E. Lake Road 26 W.

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

James Wildrick stated, no.

President Thompson asked, have we received correspondence on this?

Director Weaver stated, no, I don’t believe that we have received anything.

Carol Stradling asked, are there two houses on that property?

James Wildrick stated, no, there are two properties there. I own both of them, I own the property behind it also, to the West of it.

Carol Stradling stated, it has deed line, I see it now. There is a garage that is split there correct, part of it is on your property and part of it is on the adjoining property?

James Wildrick stated, yes.

Carol Stradling stated, most of it being on yours.

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

Attorney Altman asked, where does that street go to Director Weaver, the easement, and the 20’ easement.

Director Weaver stated, it just goes up to these houses right up in that area, I think that there are like 6 houses up there, is that correct?

Dorothy Wildrick stated, right, six houses.

James Wildrick stated, that easement dead ends at one of the properties.

Attorney Altman asked, with the terrain of this property, is that garage out there going to cause traffic visibility problems?

Director Weaver stated, it is a different piece of property. I questioned that myself Attorney Altman, I don’t know exactly where the property line is in correspondence, when you’re actually out there you can’t really tell where the property line is.

Dorothy Wildrick stated, Director Weaver, we had it surveyed and the property line goes out past the mailboxes if you remember where the mailboxes were…

Director Weaver asked, past the mailboxes?

Dorothy Wildrick stated, yes, towards the road past the mailboxes.

Director Weaver asked, you’re only going to be 6’ from that property line?

James Wildrick stated, 6’ correct and there is 13’ county right-of-way on the side of the pavement too so, we will be basically, 20’ from the road.

Director Weaver asked, is the garage going to access out on to the easement, or is it going to access on to West Shafer Drive.

James Wildrick stated, on to West Shafer was my plan because it is also into the hillside.

Carol Stradling asked, is there any way that you can put the garage up on top of the hill next to that other garage? I mean beside the other garage.

James Wildrick stated, well of course, long range planning, I’m trying to keep that 2 properties but, I don’t see how, it would be jammed, those buildings together.

Carol Stradling stated, I think that my personal preference would be to see those building jammed together, than to see a garage set that close to the roadway.

James Wildrick stated, well, Shafer Drive is bound with it. I’ve looked up, down and requested this and you can drive down there, see houses closer than what I’m thinking about. I’m just planning on a 12 pitched to store 2 or 3 cars in.

President Thompson asked, will this garage have an approach or a cement pad in front of it?

James Wildrick stated, it will all be stone.

Attorney Altman stated, in the pictures you would be access where the mailboxes are on to West Shafer.

James Wildrick stated, the mailboxes, as they sit now, are in my property. I have never contested that or anything but, my property is clear out here.

President Thompson stated, but, your doors to this garage will be…

James Wildrick stated, I was planning on building exactly where that is.

President Thompson stated, right but, on this drawing that we have here, this would be your garage door side, right? West Shafer Drive?

James Wildrick stated, the garage door will be on this side and this side.

Attorney Altman asked, West Shafer Drive is out here.

James Wildrick stated, the hill controls me digging, I can dig deeper but, I was just trying to avoid that.

President Thompson stated, I’m visualizing a car sitting there in front of that garage.

Attorney Altman stated, can’t get off of the road.

Director Weaver stated, it can’t be possible.

Attorney Altman stated, can’t get off of the county road.

Jeff Saylor asked, if you back out of that garage, how much space do you have between this garage and West Shafer Drive for you to see, when you back out of that garage?

James Wildrick stated, it will be 20’ from the proposed garage to the edge of it.

Jeff Saylor stated, so you can get a vehicle out of the building.

President Thompson stated, that would be close enough.

James Wildrick stated, it will be tight but, I can easily…

President Thompson stated, it will be 20’ from the building, to the edge of the road is what he is saying.

Attorney Altman stated, I guess what concerns me is, it looks like an acceleration lane or a deceleration lane where you can use it on that property. According to the pictures, it isn’t like this is an easement where they’re not using it, the county or whomever but an easement area that is graveled and is being used.

Director Weaver stated, is that possible that, that’s just for the mail delivery?

Attorney Altman stated, but, it’s still using the easement. Do you understand what I’m saying? It isn’t like we have some easements that will never be used in the foreseeable future, this is an area that is being used right now. Yes, I’m sure that it’s being used for mail delivery but, everything else too, the public is using that easement.

Director Weaver stated, they are in front of the mailboxes, is what he is referring to, an area that is being used for acceleration or deceleration the mailman to deliver mail.

James Wildrick stated, I do that myself I take, I carry that to the mailman.

Attorney Altman stated, I understand, I’m sure that you do, just looking at it from a legal point of view.

President Thompson asked, you contacted the adjoining neighbors?

Director Weaver stated, yes.

President Thompson stated, I understand what you want to do there. You have an unusual situation with that bank there.

James Wildrick stated, I thought about digging back further in the bank but, I didn’t want to kill that big beautiful tree there.

President Thompson stated, I understand what you’re up against but, I’m visioning what your garage is going to be. I think that there are going to be times I think that you’re going to want to pull up to your garage but, not necessarily pull into it, leave your vehicle set outside.

James Wildrick stated, not for my plans, it’s not going to be a garage it’s going to be used, it’s going to be storage. I’m an antique car man, I’m trying to find a place for 3 cars to park in the winter. My car in my other garage, my main garage is up on the hill. This is straight storage.

Jeff Saylor asked, is it possible to put the building accessing from the side street?

James Wildrick stated, there again, I thought of that, if I only had the 20’ depth I could put a double garage door but, my limits are too close that way.

Director Weaver stated, the way that hill is, I don’t know that would be possible or not Jeff.

James Wildrick stated, that would even be worse because, like you say, this accesses a hill. This is just an easement, I take care of the easement, the county won’t do a thing, and they don’t take care of it for the other residents there.

Attorney Altman stated, 20’ easements, they are not going to maintain.

James Wildrick stated, I maintain the whole thing for everyone that lives on the hill.

President Thompson asked, what are the Boards wishes? I understand what you are wanting to do but, this is different.

Director Weaver stated, I knew what he was requesting. I knew his situation but, I was pretty shocked when I went out to the property and realized how steep that hill was there.

President Thompson stated, we’re not here to try to make a project more expensive for the property owner but yet, it’s a safety thing too.

Jeff Saylor stated, we’re not only voting on what this gentlemen wants to do, it’s whoever comes after him wants to do. Maybe antique cars now but, maybe someone parking in front of it at a later time.

President Thompson asked, not that it matters much but, is it a pole barn type structure garage?

James Wildrick stated, no, it’s going to be a conventional like a 3-12 pitch, I’m going to keep it as low as possible.

Director Weaver asked, I wondered about that, they will able to look right over it?

James Wildrick stated, that’s the best view on the lake and that’s my own building there too.

President Thompson asked, what are the Boards wishes?

Carol Stradling stated, it’s just to close to the road, I appreciate this situation but…

James Wildrick stated, well, I ask in all fairness, I’m not talking about the grandfathered clause, there has been recent structures approved up there. That’s the only reason that I got thinking about this, there are some up there sitting on the edge of the road, I’m talking a garage and I’m not talking about the last 3 years or so. I don’t understand how it is a concern now.

Director Weaver stated, I think that hill makes your situation a little different.

James Wildrick asked, what does the hill have to do with it, I don’t understand.

President Thompson stated, it’s limiting you on your options are, that’s what it’s doing. Without going to a lot of great expense of doing a lot of earth moving but, like you said, I would hate to disrupt that tree there too. It’s not an everyday situation there.

Attorney Altman stated, I wonder honestly, those mailboxes there, they might not be as hard to move than what you think they are from a point of view of…

James Wildrick stated, they don’t even have to be moved as far as, I don’t have any intentions of moving the mailbox.

Attorney Altman stated, I don’t know how you can get in and out of there.

James Wildrick stated, easily, I’m talking less than a double door. The door will be, there will be more than enough access.

President Thompson stated, I’m surprised in a way that you didn’t get any response.

Director Weaver stated, not that I’m aware of.

President Thompson stated, favorable or unfavorable, I’m kind of surprised that you didn’t get some type of response from you’re adjoining neighbors. Like Director Weaver said, they were notified.

James Wildrick asked, were they all notified?

President Thompson stated, by law, you’re adjoining property owners were notified by a letter.

Director Weaver stated, it would be these people that are shown here, Syphers, Talbert and the S.F.L.E.C.C.

Dorothy Wildrick asked, if they read the letter, why would they object, they didn’t have to appear or send the letter back.

President Thompson stated, no, and they don’t. It’s a way for this…

Dorothy Wildrick stated, if I would have known that I would have brought letters in.

President Thompson stated, no, they don’t have to respond.

Dorothy Wildrick stated, I would have brought letters in saying that it was okay, if I would have known.

Carol Stradling asked, whose gate is this? There is an access drive it looks like…

Dorothy Wildrick stated, that’s ours, that’s the gate to the South.

James Wildrick stated, my property line is even up here with the road.

There was discussion among the Board members and the applicant.

President Thompson stated, it’s a workable thing for him, it’s like you said Jeff, when he decides to sell the property, and the next person that comes along might use it more daily.

Jeff Saylor stated, I’m going to voice a concern about how close this building is going to be to Shafer Drive, due to the fact that it is situated in a intersection. I think that I would like to offer this gentleman a chance to table the motion, revisit the position of this building and then we can look at it again next month or we can vote on it.

James Wildrick asked, revisit the position, you mean go back to the drawing Board?

Jeff Saylor stated, see if we can, I have some concerns about how close this it to Shafer Drive at the intersection.

President Thompson asked, you feel positive that is…

James Wildrick asked, that intersection is what you’re calling an intersection?

President Thompson asked, didn’t you mention that there are 6 homes back there?

Dorothy Wildrick stated, yes.

President Thompson stated, there are more people than you that use that gravel road.

James Wildrick stated, yes, there are 2 or 3 more.

Jeff Saylor asked, would you like to table this, this evening and maybe get with Director Weaver and look at other options? We can talk about it again next month, or I will be happy to vote on it.

President Thompson asked, you can not go further back without moving dirt, is what you’re saying?

James Wildrick stated, yes, I can go further back, I take that tree out.

President Thompson stated, no I really honestly wouldn’t want you to do that either but, you feel like you are at that point that you’re setting at a point right now, that if you move it any further back it’s going to be moving dirt and trees?

James Wildrick stated, I’m going to be moving the lower crown.

President Thompson asked, you don’t have 2’ of level dirt behind this building to play with, is what I’m saying.

James Wildrick stated, I have a couple of feet, yes.

President Thompson stated, two is two.

Jeff Saylor stated, we would like to help you out all that we can but…

James Wildrick asked, I understand where you’re coming from but, you’re against having the building out there at all unless it can be clear back to the house or something?

President Thompson stated, I don’t think that we’re saying we’re against it for being there at all.

Jeff Saylor stated, no.

President Thompson stated, not at all…

Jeff Saylor stated, I’m just concerned about the fact that 20’ between this building and the road, 20’ is…

James Wildrick stated, it’s just a car link.

Jeff Saylor stated, if you’re pulling up to a road, the nose of your vehicle is at that side of the road before you can see to the South and I don’t think that is enough. I think that we need to get some of the less professional drivers a chance to see what is coming before, they get that close to the road.

President Thompson stated, that’s his concerns, if you think that you have 2’ or more to spare before you get into a costly venture of buying a new garage. I’m for getting as much as you can get because, 2’ is a lot when it comes to visibility and that’s where Jeff is coming from I think. This thing can be worked out I feel, don’t you Jeff?

Jeff Saylor stated, yes.

President Thompson stated, I really do, we don’t get a kick of turning things down, and we don’t like to.

James Wildrick asked, go back to the drawing board and see if I can’t…

President Thompson stated, without great headache.

Attorney Altman stated, if nothing else, put it all accessing off of the easement, off of the 20’ easement as well.

James Wildrick stated, it’s not a desirable option but, it is an option.

Attorney Altman stated, it’s not that I like it but, easement visibility, traffic.

Dorothy Wildrick stated, maybe we need to go further towards the lake.

James Wildrick stated, we can’t, and I can’t remember what the setbacks are from the lake.

Director Weaver stated, 30’.

Dorothy Wildrick stated, we have that.

James Wildrick stated, we have it but…

President Thompson asked, would you mind going out there with him, meeting with him at some point?

Director Weaver stated, no.

James Wildrick stated, I want to keep this access to the lake.

President Thompson stated, you bet.

Dorothy Wildrick stated, we have the only access to the Hoagland Ditch on our property. Everyone clear up to the road 300 uses our property to get over there.

President Thompson asked, is that a workable solution, have Director Weaver come back out and maybe…

Dorothy Wildrick stated, yes.

James Wildrick stated, yes, I don’t want to build this thing tomorrow anyway.

President Thompson stated, we don’t get a kick out of turning things down, we don’t like to do it, if there is a workable solution, we want to find it.

James Wildrick stated, Shafer Drive is busy but, as I said, I know what happened yesterday can’t be brought into account today but, there are, things that have been allowed.

President Thompson asked, Jeff, do you want to make that in the form of a motion?

Attorney Altman asked, do we want to move to table this?

Jeff Saylor stated, yes.

President Thompson stated, I think that everyone will be happier in the long run. The next meeting will be the 21st of December.

****

#1154 Robert E. & Maryann L. Coates; Requesting a 10’ front setback variance from Blain Street to build a new home and attach it to an existing garage on lot #8 in Southlawn Subdivision Part III. The property is located in the City of Monticello at 501 S. Park Drive.

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

Robert Coates was representing this request.

President Thompson asked, do you have any information for us tonight?

Robert Coates stated, you have the drawing that was made by Milligan, showing the house on that.

Attorney Altman asked, the survey? Is that what you mean?

Robert Coates stated, yes, but, what I don’t quite understand is Director Weaver wrote in they are requesting a 10’ front setback variance. Actually, we need to be, it shows 22’, that garage is there already, the garage is existing.

Director Weaver stated, but, it is not in compliance with our ordinance.

Robert Coates stated, no, it is not.

Director Weaver stated, that’s why we put the 10’ setback variance to bring the garage into compliance as well because, that will be the closest point. We go from the closest point to the road or to the property line.

Robert Coates asked, what is the setback on there, is it a 15’ setback?

Director Weaver stated, 32’ from a road right-of-way or a property line.

Robert Coates stated, so you’re bringing it in 10’.

Director Weaver stated, so we’re asking for the 10’.

Robert Coates stated, on the front line you’re saying that’s okay.

Director Weaver stated, on South Park, that is fine.

President Thompson asked, have we had any response from anyone?

Director Weaver stated, no.

President Thompson asked, is there anything else sir?

Robert Coates stated, no that does it.

President Thompson asked, is there anyone here opposed to the variance? Are there any concerns from the Board? Are we ready to vote?

Attorney Altman stated, the only thing, again for the record, this is in a noise sensitive area with a high structure act off of the airport. They are looking to move the airport toward Monticello right now.

An audience member asked, move the airport towards Monticello?

Attorney Altman stated, towards Monticello.

Charles Mellon stated, they will have to come through another housing addition first.

Attorney Altman stated, there is none there right now.

An audience member stated, yes, there is.

Director Weaver stated, not South of this.

Attorney Altman stated, not South of this, and they are talking about it right now.

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 10’ front setback variance from Blain Street to build a new home and attach it to an existing garage on Lot 8 in Southlawn Subdivision Part III in the City of Monticello, White County, Indiana.

COMMON DESCRIPTION: The property is located in the City of Monticello at 501 South Park Drive.

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.

****

#1155 Jerome M. & Carol Schiller Israel; Requesting a 6.5’ rear setback variance to bring the existing home into compliance with the White County Zoning Ordinance on Lot #14 in

Timberline Lane Subdivision No. 2. The property is located in Monon Township at 5542 E. Quiet Water Court.

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

Phil Vogel stated, I sold Jerry and Carol this house and it was built, I think over the setback lines, the same as Mr. Kelly’s house was I guess. They want to add on to the living room, which would be on the waterside but before they can get a building permit they have to get it into compliance. So that’s what they are asking for, it’s actually not in compliance on the roadside, it sets outside of the building lines there.

President Thompson asked, any response from anyone?

Director Weaver stated, we did have a neighbor call asking what the reasoning for the variance was and we explained that they were bringing the existing home into compliance.

Carol Stradling stated, on the survey, this would be the rear right?

Director Weaver stated, the rear is the roadside.

Carol Stradling asked, on the survey it shows has that the rear setback needs to be 20’…

Director Weaver stated, that is an error, that is our current L-1 setbacks. This was developed under our old setback requirements so the setbacks that you see on here are the old R-5 setbacks, which is what the homes in this area had to meet even though, we have changed those requirements. They are still bound to the way that it was platted.

Carol Stradling asked, so if the same home were built today, it would be in compliance just the way that it is.

Director Weaver stated, it would be in compliance that’s right.

Attorney Altman stated, they would still have trouble, they still have setbacks they would have to conform to and this is a way that they can come into compliance in doing that.

Director Weaver stated, right, if the subdivision was set up today with today’s setbacks, it would be in compliance, is that what you were meaning?

Carol Stradling stated, yes.

President Thompson asked, is there anything else from the Board? Anyone here opposed to the variance this evening? If not are we 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 L-1, Lake District.

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 6.5’ rear setback variance to bring the existing home into compliance with the White County Zoning Ordinance on Lot Number 14 in Timberline Lane Subdivision No. 2, Monon Township, White County, Indiana.

COMMON DESCRIPTION: The property is located in Monon Township at 5542 E. Quiet Water Court.

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 to put this in compliance.

****

#1156 Gary & Barbara Edmondson; Requesting a 4’ front setback variance and a 2’ West side setback variance to build an addition onto the existing home on Lots #21 & #22 in Lakeries Addition. The property is located South of Monticello at 702 Terrace Bay Road.

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

Gary Edmondson was representing this request.

President Thompson asked, do you have anything extra for us tonight?

Gary Edmondson stated, I don’t believe so, I hope that you have the drawings there.

President Thompson stated, we have the survey.

Gary Edmondson stated, no letters from anyone.

Director Weaver stated, there was a house located on lot #22 and it burnt.

Gary Edmondson stated, it burnt, yes.

Director Weaver stated, so Edmondson’s bought this lot and they are wanting to extend their home.

Charlie Mellon stated, I thought that they already had sewers down there.

Attorney Altman asked, when will the sewer be there?

Gary Edmondson stated, they are telling us January, but, I don’t believe it.

Director Weaver stated, I think that’s when they are planning to start work on it, the last that I heard.

Carol Stradling asked, where is your well and septic at this point.

Gary Edmondson stated, the septic is across the road all of the lots down there are split by the road.

Attorney Altman asked, so your septic system is completely divorced from both lot #22 and lot #21, whether that gets on sewer or not it’s over on the other side.

President Thompson asked, are there any other concerns from the Board? Are we ready to vote?

With no further discussion the Board voted.

The Board finds the following:

1. That the property is properly zoned L-1, Lake District.

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 4’ front setback variance and a 2’ West side setback variance to build an addition onto the existing home on Lots 21 and 22 in Lakeries Addition in Union Township, White County, Indiana.

COMMON DESCRIPTION: The property is located South of Monticello at 702 Terrace Bay Road.

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 authorizes 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.

****

Attorney Altman stated, the only thing that I would mention is, as you know about the minutes, I got the minutes off of the last meeting too late to notice up the owner and the contractor. We had a concern about it at the last meeting, I expect that it looks like we will be able to do that and have that on for December meeting. I just want to let the Board know why, minutes are hard to get done, I’ll just tell you that

Director Weaver stated, especially when they’re that long.

Attorney Altman stated, I want everyone to understand, that’s not a criticism it’s just a fact and that’s why I couldn’t get them done in time that’s all.

Director Weaver stated, there are two things that I want to tell the Board, number one, I have some information here that there is going to be 2 seminars held one November 30th and one December 4th on planning and zoning if anyone is interested. I have some pamphlets that I received in the mail.

President Thompson asked, where are they Director Weaver?

Director Weaver stated, the one on November 30th is in Fort Wayne its call Growth Management, Smart Growth. These are hosted by Ball State University and Purdue University and we do have money now for this type of thing, so our budget can pay for your cost to attend these now. The second one is December 4th it’s called Rolling Up Our Sleeves, The Nitty Gritty Work of Plan Commissions and it’s being held in Merrillville. One other thing that I wanted to mention to the Board, we are in the preliminary stages with the County Commissioners discussing how we are going to handle the building inspector. They did just this week, meet with me so we can discuss this. I really wanted to let this Board know that one of the Commissioners agree with what the Board has been very concerned with, about them while they are on site looking to see that they are meeting the setbacks at the same time. So I thought that the Board would be interested in knowing that. There is an add in the paper running currently they are hoping to have this person hired to start work January 1st that’s all that I have.

****

Jeff Saylor made motion to adjourn.

Carol Stradling seconded the motion.

The meeting adjourned.

Respectfully submitted,


Diann Weaver, Director

White County Area Plan Commission