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The White County Board of Zoning Appeals met on Thursday, January 18, 2000 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were Gary Barbour, Ron Pollock, Carol Stradling, Jerry Thompson and Jeff Saylor. Also attending were Attorney Jerry Altman and Director Diann Weaver.

Visitors attending were: Tyler Stradling, Robert Dolick, Mike Biggs and Dave Anderson.

The meeting was called to order by President Jerry Thompson and roll call was taken.

President Thompson stated, we’re a 5 member Board and we have a new member this evening. Ron Pollock, we welcome you. You’re on the Board new for one reason, we had a Board member in the name of Ray Butz, he served with the Area Plan Board for 20 years, Ray passed away on December 30, 2000. Ray gave 20 years of very dedicated service to the Area Plan and I rode with him to and from many meetings. As well as the Board and myself, I know that he will be missed.

Attorney Altman conducted the election of officers. Jeff Saylor motioned that Jerry Thompson remains President with Carol Stradling seconding the motion. President Thompson continued the election of officers. Carol Stradling motioned that Jeff Saylor remains Vice-President with President Thompson seconding the motion. Gary Barbour motioned Carol Stradling as Secretary with President Thompson seconding the motion. Jerry Altman will remain as attorney. All Voting was unanimous.

Director Weaver stated, before we start this evening, I would like to introduce someone to the Board. We have with us, our new building inspector, Dave Anderson. This is our Board of Zoning Appeals, they hear the variance requests. The Board members were introduced.

President Thompson asked, could we have a little bit of background? If you don’t mind.

Dave Anderson stated, let me say first that I have held the local Herald Journal off until we have established an Ordinance as for the State, I really don’t have much yet. I have been a local contractor since 1979, the past 11 years I have been in construction management from schools to nursing homes, warehousing, commercial, residential, patios and homes. That pretty well sums it up.


President Thompson stated, this Board has been in favor of this for some time.

Attorney Altman stated, the members before you on this Board, I can vouch that they were in favor of that. I will tell you Mr. Anderson will do a good job.

President Thompson asked, are there any other comments from the Board before we start the meeting? We have an order of the meeting this evening, due to the fact that we have one variance do we want to address it and then we can spend the rest of the evening talking about the minutes?

The Board was in favor.

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#1167 Michael M. & Michelle C. Biggs; Requesting a 15’ rear setback variance to build a new home on 3.1449 Acres. The property is located in Prairie Township on the East side of C.R. 100 E., South of C.R. 1100 S.

President Thompson stated, I assume that you are Mr. Biggs?

Michael Biggs stated, yes, I am.

President Thompson asked, do you have any additional information that you would like to present to the Board tonight?

Michael Biggs stated, I don’t believe so.

President Thompson asked, have we received any correspondence?

Director Weaver stated, no.

President Thompson asked, is this in the Johnson Addition?

Michael Biggs stated, yes, it’s not in the large addition, I don’t think that it has an official name to it.

Director Weaver stated, no, it doesn’t. It’s acreage that is in large acre tracks and it’s just North of the subdivision.

President Thompson stated, I know where you are.

President Thompson asked, no correspondence?

Director Weaver stated, no.

President Thompson stated, most of those are 3 acres.

Michael Biggs stated, a lot of that is over the hillside and all of the way to the middle of the creek is 700’ to the middle of the creek. So, I think that I have about 200’ at the most.

President Thompson asked, single story home?

Michael Biggs stated, 1 and a ½.

Attorney Altman asked, septic system?

Michael Biggs stated, yes.

Attorney Altman asked, private well?

Michael Biggs stated, yes.

Attorney Altman asked, how many bedrooms?

Michael Biggs stated, 3.

President Thompson asked, are there any questions or concerns from the Board? Story and a half you said?

Michael Biggs stated, yes.

President Thompson asked, does the Board have any questions?

Attorney Altman stated, 3 bedrooms and sewer.

Carol Stradling stated, if he built it within the setback’s it would be a very skinny house.

Attorney Altman stated, while we are taking time out for Director Weaver to print a new ballot. You see two matters before you here, one for Mr. Krintz and one for Mr. Hyten, we have seen them before us for variances. All of this is the legal work to bring them to a hearing. next meeting. We can’t talk about anything on the merits this evening, not intending to, I’m just explaining to you that is what this pile of paper is here. They have been served, we got notification of that from the Sheriff that they have been served. I have not heard anything else from anyone about, they can ask for a continuance, of course that would be granted and that sort of thing but right now, it’s set for a hearing at the next meeting at 7:30 right here. Procedurally, we will present the evidence, which is in essence, then they get the chance to present evidence, and then you make your determination. That’s about all that I can say now.

President Thompson stated, I’m sorry, Ron, tell us a little bit about you.

Ron Pollock stated, I’m a retired Industrial Art Teacher and I moved here from Valparaiso I served some time with St. Joseph College as an Administrator, University of Chicago as Chief Engineer. I spent a year, last year, at Ivy Techs technology program retired now and I have relocated up here, I have had property up here for about 15 years. I son as an architect, my daughter is a schoolteacher, my youngest son is a banker and they all live in Valparaiso.

President Thompson asked, are we ready to vote now?

With no further discussion the Board voted.

The Board finds the following:

1. That the property is properly zoned A-1, Agricultural.

2. That the lot is a lot of record and properly divided.

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 15’ rear setback variance to build a new home on a part of the Southwest quarter of the Northwest quarter of Section 26, Township 25 North, Range 4 West, Prairie Township, White County, Indiana, being depicted as tract 1 on a survey by Vester & Associates, Job No. 9610A, being more completely described as follows to wit:

Beginning at the northwest corner of the southwest quarter of the northwest quarter of Section 26-25-4, said point being marked by a railroad spike; thence along the North line of said quarter Section North 89 degrees 06 minutes 40 seconds East a distance of 82.23 feet to the center line of Moots Creek; thence along the center line of said Creek the following eight (8) courses; (1) South 00 degrees 55 minutes 11 seconds West a distance of 114.75 feet; (2) South 14 degrees 47 minutes 00 seconds East a distance of 87.18 feet; (3) South 24 degrees 27 minutes 27 seconds East a distance of 78.36 feet; (4) South 33 degrees 54 minutes 25 seconds East a distance of 88.22 feet; (5) South 08 degrees 32 minutes 10 seconds East a distance of 28.80 feet; (6) South 35 degrees 00 minutes 32 seconds East a distance of 139.09 feet; (7) South 42 degrees 51 minutes 25 seconds East a distance of 106.84 feet; (8) South 47 degrees 58 minutes 07 East a distance of 97.84 feet; thence South 58 degrees 31 minutes 58 seconds West a distance of 238.82 feet; thence North 34 degrees 42 minutes 26 seconds West a distance of 10.00 feet; thence northwesterly along a tangent curve to the left (said curve having a radius of 200.00 feet, a chord length of 188.31 feet and a chord bearing of North 62 degrees 47 minutes 30 seconds West) an arc distance of 196.07 feet; thence South 88 degrees 58 minutes 17 seconds West a distance of 25.00 feet to a railroad spike on the west line of said Section; thence along the west line of said Section, North 01 degrees 01 minutes 39 West a distance of 659.43 feet to the point of beginning, containing 3.1449 Acres.

COMMON DESCRIPTION: The property is located in Prairie Township on the East side of C.R. 100 E., South of C.R. 1100 S.

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 5 affirmative and 0 negative.

 

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

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Gary Barbour made a motion to dispense with reading and approve the minutes of the July 13, 2000 meeting. Motion was seconded by Jeff Saylor and carried unanimously.

Jeff Saylor made a motion to dispense with reading and approve the minutes of the August 17, 2000 meeting. Motion was seconded by Gary Barbour and carried unanimously.

Gary Barbour made a motion to dispense with reading and approve the minutes of the August 24, 2000 meeting. Motion was seconded by Jeff Saylor and carried unanimously.

Gary Barbour made a motion to dispense with reading and approve the minutes of the September 21, 2000 meeting. Motion was seconded by Jeff Saylor and carried unanimously.

Gary Barbour made a motion to dispense with reading and approve the minutes of the October 19, 2000 meeting. Motion was seconded by Jeff Saylor and carried unanimously.

Jeff Saylor made a motion to dispense with reading and approve the minutes of the November 16, 2000 meeting. Motion was seconded by Gary Barbour and carried unanimously.

President Thompson asked, do we have anything else?

Director Weaver stated, I just have a couple things that I will mention to the Board. We do have a lawsuit pending and it will be heard in February regarding the setbacks on a home. We are not the people that are suing, we are being sued in this matter and that will be heard in February. We have another one in March where we are suing an individual for doing business in a residential area, with many junk cars. Other than that, I don’t have anything.

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Jeff Saylor made motion to adjourn.

Ron Pollock seconded the motion.

The meeting adjourned.

Respectfully submitted,

Carol Stradling, Secretary


Diann Weaver, Director

White County Area Plan Commission


 

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