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The White County Board of Zoning Appeals met on Thursday, June 21, 2001 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: Daniel Logan, Nancy Logan, Vicki Logan, Charles R. Mellon, Him Hook, Don Griesey, Lynn Griesey, Charlene Buss, Donald Stearns, Robert Ivy, Art Connell, Gary Draper, Nancy Draper, Roger Corson, Brandon Hall, Art McGregor, Alan Krygier, James & Virginia LeBlanc, Harrell Fritz, David & Nancy Brown, Douglas Wilburn, Rich Whited, Terry J. Hughes, Mark White and John Raines.

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

The Board received the minutes for the May 17, 2001 meeting. Jeff Saylor made a motion to table the approval of the minutes until the next meeting. Carol Stradling seconded the motion. The motion was carried unanimously.

Director Weaver stated, we still have March and April’s minutes.

Attorney Altman swore in all Board members and audience members.

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#1198 Daniel H. & Nancy C. Logan; Requesting a 25’ front setback variance to build an enclosed porch on the front of the existing home on 100 Acres, more or less. The property is located in Cass Township at 9740 N. 1400 E. Tabled from May 17, 2001.

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

Vicki Logan stated, I’m Dan and Nancy’s daughter, and we’re just asking to have a variance to put 12’ x 24’ enclosed porch on the front of the house.

Director Weaver stated, we have not received any complaints from anyone regarding this


request. We did have a neighbor come in, just inquiring what the request was for, not objecting to it at all.

President Thompson asked, you’re going to have to refresh my memory, why was this tabled?

Director Weaver stated, because, they were not present at the meeting. I think that they were and they ended up leaving.

President Thompson stated, they tabled it, we didn’t.

Director Weaver stated, yes.

President Thompson asked, is there anyone here opposed to the variance this evening? Nothing in writing from anyone?

Director Weaver stated, no.

Attorney Altman asked, photos are being passed among the Board that Director Weaver took of the area in question, for the record. The proposed addition, will it be basically tying with the roofline of the present home there?

Daniel Logan stated, what it’s going to be is a gabled roof hooked in a room on the porch.

Attorney Altman asked, single story?

Daniel Logan stated, yes.

Attorney Altman asked, and tie into the….

Daniel Logan stated, the existing roof.

Attorney Altman stated, existing roof, okay.

President Thompson asked, are there any questions? Comments from the Board?

Carol Stradling asked, will that enclosed porch be year around, or just screened in porch?

Vicki Logan stated, year around, regular windows in it.

Carol Stradling asked, so, it will have heat and cooling even more like a room than a porch?

Vicki Logan stated, yes, basically.

Carol Stradling stated, a sunroom kind of thing.

President Thompson asked, is there anything else? Nothing? If there is no other discussion is the Board ready to vote? We shall vote.

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 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 25’ front setback variance to build an enclosed porch on the front of the existing home on the South Half (1/2) of the Northeast Quarter (1/4) of the Northeast Quarter (1/4), and a strip Two (2) rods wide off the West end alongside the West boundary of the North Half (1/2) of the Northeast Quarter (1/4) of the Northeast Quarter (1/4), ALL in Section Eleven (11), Township Twenty-eight (28) North, Range Two (2) West, in Cass Township, White County, Indiana, containing 60.50 Acres, more or less.

ALSO, the Southwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Twelve (12), Township Twenty-eight (28) North, Range Two (2) West, containing 40 acres, more or less, in Cass Township, White County, Indiana.

COMMON DESCRIPTION: The property is located in Cass Township at 9740 N. 1400 E.

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 understand that the whole tract of ground must stay together, the whole 60 acres. I know that it’s a large tract of ground but, if you ever divide off of that you have to modify your variance. You need to get a building permit before you proceed.

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#2009 Ron Pollock; Requesting a special exception as per Section 12.00, Article 12.10 of the White County Zoning Ordinance to allow an outdated mobile home to be relocated in White County.

Ron Pollock stated, I will withdraw myself from the voting. I’m asking for a special exception to put a house trailer on a lot that I can use for a construction trailer, while I build a pole barn.

Attorney Altman asked, for the record, Ron is a member of the Board and for this matter he has recluse himself because, he is an applicant. Have the photos been circulated at all?

Director Weaver stated, no, and I did give the Board tonight a copy of a letter that had been submitted to the office and there are pictures attached to that letter also.

President Thompson asked, Director Weaver, do you have anything before we get started here?

Director Weaver stated, we have had a neighbor into the office with concerns and a report that you’re receiving tonight is from John Raines, the Environmental Officer.

Attorney Altman stated, that’s the report, Exhibit A, that shows apparently received, June 21, 2001, is of 10 pages….

Director Weaver stated, yes.

Attorney Altman stated, first page being typed material last 9 pages are pictures and I think that I’m probably circulating those right now….

Director Weaver stated, no, the pictures that you are circulating are from the inspection.

Attorney Altman stated, okay, so that will be received as an exhibit in the matter for the record as well as the photographs that are being circulated right now.

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

John Raines stated, I’m the White County Environmental Officer. My concern with this is, due to the responsibility that I have received from the Commissioners, to basically, the job classification that I have is, to assist the Commissioners in cleaning up White County. Part of that job and area is connected with the mobile homes. White County has a number, a large number of mobile homes that are basically junk. They are setting here and there and everywhere in the County. We have, I have pictures of numerous ones that I have already received complaints on and Mr. Pollock’s was one of them. When I first went to Mr. Pollock’s property, the mobile home that I observed there as you will be able to see from the pictures, had no aluminum siding on it, doors were removed and windows were broken. Insulation was hanging out of the walls and I also noticed that there were a number of junk vehicles, a completely junky looking area when I got there. I later talked to Mr. Pollock advised him of the violations that I had observed and to this date, that stared on April 23, 2001 and to this date, the same conditions still exist.

Ron Pollock stated, I will have to disagree with you there. Since you were there, siding has been put on the trailer. As I indicated to you at the time, it is not to be lived in, it’s only for the purpose of storing my tools. I have equipment out there what you call junk, to me, I’m a retired Industrial Art teacher and I wanted to play around with things. They all run, they are licensed except a couple of them that are too old to. Other than that I think that most people when they get in a retirement age they are looking of something to do to stay out of trouble and those are out there for that purpose. As soon as the pole barn is built those things will be stored inside. I have no way of storing them inside until and it’s out in the country. It’s out in an area that if I don’t have some means of putting my tools, and my equipment. A lot of the equipment is front-end loaders, stuff to move things around, bucket trucks. It’s a piece of property that set there for a number of years, I cleaned the woods, I started cleaning the woods out, it was in horrible shape and that’s why I need that equipment there.

Attorney Altman asked, let's talk about the mobile home, that’s the only thing that is actually relevant to this application. Is the mobile home, is this page, the pictures of the mobile home?

John Raines stated, yes, it is.

Ron Pollock stated, see, that was before the windows were put in when I say, temporary windows, this is a house trailer that set out in the middle of a field in an area that people could see. I saw it for a number of years sitting there and I thought gee, that would be something that I could button up and put some tools in and lock it up, so that I don’t have to drive 15 to 20 miles every time that I need something. I only need it until the pole barn is put up and the pole barn will be put up just as soon as I sell my property in Monon, I thought that I had it sold or I wouldn’t even be out there today. I thought that I had it sold and they back out, right at the last minute or I would of not put the house trailer on there at the time.

Attorney Altman asked, for the record, the page that I was talking about on Officer Raines’ exhibit was page #6, which shows photographs of the condition of the mobile home on April 27, 2001.

President Thompson asked, are there any questions from the Board to these two gentlemen before we open it up to the rest?

Ron Pollock stated, I have one other comment.

President Thompson stated, yes.

Ron Pollock stated, an inspector, your inspector came out. Mr. Braaksma is the building inspector, one of the building inspectors, he came out and looked at it and said, “I would have to agree with you it wouldn’t be something that you live in.” I said, “no, I have no intentions of living in it.” He said “but, as far as a place for a construction trailer, I think,” and I think that you will see in your notes that I received back from him that, “he would agree that it would be a fine construction trailer.”

Attorney Altman asked, by temporary, how long are you talking?

Ron Pollock stated, well, it gives you two years, I don’t think that I need, it just depends on how soon I can sell my other business and put up a pole barn. I can’t be back and forth but, just as soon as I put up a pole barn it is going to be out of there because, I don’t need it.

Carol Stradling asked, where will you put it then when you’re done with the pole barn?

Ron Pollock stated, destroy it because, it’s, unless someone and this is something that I didn’t know but, I have been told that you can’t have anything older than an ’81 and I don’t know what year this is because, there was no title to it. It was a trailer that had been just left, there is no identification on it at all, that tells me what year it is, there is no marking on it at all so, I don’t know what year it is. If you look at the pictures, it doesn’t really look that old. When I first looked at it, other than the fact that it had been stripped down and a gentlemen that sells trailers here in town was happy to have me take it off of his property, put it on mine and use it for a construction trailer.

Attorney Altman asked, Director Weaver, for the record were these taken June 1, 2001?

Director Weaver stated, those were taken by Bob Braaksma, I assume the same day that the inspection was done.

Attorney Altman stated, again for the record, the photographs that were circulated among the membership and I will count them in just a second were taken by Bob Braaksma, Exhibit B, the inspector of the home and they will be part of the record as exhibits.

John Raines stated, if I might add, first off, I believe in the rules and regulations to move a mobile home, you have to have a permit. I don’t think that there was a permit obtained. Secondly, to call a mobile home, not a mobile home and a storage trailer, I do not believe is proper. The inspection that was done, even in the inspection, the inspection is named, it’s called a mobile home. It’s called a mobile home that we want to change the usage of and now call it a construction trailer. I personally do not believe that a trailer in this shape, a mobile home in this shape has any business in White County. Yes, I know that it was already located in White County but, when it was moved it should have been destroyed, took to a landfill and disposed of properly instead of moved from one location to another especially without obtaining a permit.

Ron Pollock stated, you know, there are 2 construction trailers here in White County they are as big and as long as this is. A mobile home is just what it says, something that is mobile and that’s what that is I talked to Director Weaver before I ever moved it. I talked to Attorney Altman before I ever moved it and they said as long as you don’t take it off of the tires it will be considered as a temporary home, right?

Attorney Altman stated, you mentioned that you had one that you wanted to get approved and that’s what you said you had to do.

Ron Pollock stated, right.

Attorney Altman stated, and I said that yes, you need to do that, get it approved and I think that’s where you are right now, trying to get it approved in it’s present location and that’s where we are. There are 24 photos of Mr. Braaksma’s.

President Thompson asked, is there any one else?

Don Griesey stated, I’m opposed to the special exception of this house trailer. I really need to tell you why I’m opposed to it. I’m an adjoining neighbor. I have a petition of 16 people and I have copies for everyone if you would like…

President Thompson stated, we keep, we’re kind of that way, once you give us something, we don’t give it back. We can make copies.

Don Griesey stated, no, I have extra copies if you want to look at them. I also have photos that I took. This is from my property and Les Ezra would be here tonight, he is another neighbor but, he had surgery and he was unable to make it. First of all, I would like to start out with the fact that Mr. Pollock said that these vehicles were licensed. We took an oath earlier I believe, yes they are licensed and there are 97, 98 and 99. There is only one current tag on any of these vehicles…

Attorney Altman stated, let's talk about the mobile home, that’s all that we need to talk about here…

Don Griesey stated, this is why I’m making my decision Attorney Altman, is that okay?

Attorney Altman stated, no, but, we need to talk about the mobile home.

Don Griesey stated, I’m not in favor of it, none of the 16 people are in favor of it.

Attorney Altman stated, all that I’m saying is, I understand what you’re saying about the other and we can talk about the moon tonight and we would never get done so, let's talk about the mobile home please.

Don Griesey stated, last summer my family was awarded, maybe you don’t want to hear this, last summer, my family was awarded a Hoosier Homestead Award by the State of Indiana. It’s been in the family for over 100 years, it’s kept very well. Right across the fence from it now, is this, believe me, it’s junk. There is a water heater and I don’t see how he is going to work on that. Again, I’m sorry, this is getting away from so, I guess that I don’t have anything legal to say about the trailer other than I have 16 local people that either own ground right there or live right there in the local vicinity. I didn’t start getting this until yesterday, it took me 24 hours to get these names. There wasn’t a proper variance sign out there like there was supposed to be 10 days ago. He was told by the Area Plan on, I believe that it was the 16th of April and I have that here if you want to know for sure, trying to speed this up, he was told where to put the sign and how it was suppose to be posted and everything else. Up until 2 days ago, the sign was not posted properly like it was suppose to be for this variance. It was 435’ back from a chained gate back on a wooden fence so that no one could read it. Anyone going back and for could not read it….

Ron Pollock stated, I disagree…

Attorney Altman stated, pardon me, he as the floor….

Don Griesey stated, yes, I did, I stepped it off and it was 435’; do I have to put up with this?

President Thompson stated, no, you don’t, you have the floor.

Don Griesey stated, so the office here notified Mr. Pollock that it was suppose to be up so that people could read it from the road so Tuesday, it was moved up so it’s only been there the last 2 to 3 days. I don’t believe that is legal to get this done what you’re trying to get done tonight. Also, on the sign when you do read it, it says that the date is May, let's see, he was advised on the 26th where to put the sign, anyway the date on there says, here it is notice for this meeting May 25, 2001. So anyone that drove by there yesterday would have no idea that there was this meeting tonight about this.

Attorney Altman asked, are these your photos?

Don Griesey stated, yes.

Attorney Altman stated, there are 7 photos that was submitted along with a petition signed by 16 people that is right in front of Gary right now, as part of his objection of approval for this special exception on the mobile home.

Ron Pollock stated, I have another comment on the sign. The sign was given to me and when I got it, it did have the 27th date on there but, it was because, I could not get a hold of the inspector to be prepared for last months meeting, we were going to meet last month. I’m sure that Director Weaver must have told you all of this stuff because otherwise, you wouldn’t know about it but, the sign was a cardboard sign, not the regular sign that you put on a post. So, I had a wooden fence, now my eye sight is not the greatest in the world but, I can read it from the highway and I mean that it’s a sign up there and I had no problem moving it up. I had to take some bailing wire and put it on my fence to put it out there in front but, I’m really surprised that I have not heard from anyone. I was trustee there for a while and I thought that I was doing some good by going in there and cleaning that woods out next to you and you can’t even see it from your house…

Don Griesey stated, yes, you can….

Ron Pollock stated, barely…

Don Griesey stated, you can also see it from Highway, from the County Highway….

Ron Pollock asked, 16?

Don Griesey stated, from State Road 16 plus, the County Highway 725….

Ron Pollock stated, I tried to put it a little further back when he hauled it in there but, as far as the permit is concerned, I hired a professional hauler and I was under the impression that he had the permits. I was told that those were the people that had the permits and I didn’t even know this until you mentioned it to me. I went to the State Highway to see if I could be on Highway 16, I went to the County Highway to see if I could be on the County Roads, I went to the Sheriffs Department, I talked to Attorney Altman, I talked to Director Weaver. I didn’t know whom else to talk to other than the fact that I could not, I did not have a title. So, we did move it 2 miles and everyone said 2 miles you know, you can just drive it down and I have to agree it’s not something that I want to leave there either. It’s just a temporary thing that I wanted to have someplace where I can work from.

President Thompson asked, you mentioned Ron, the person that towed this for you, can you repeat part again, he would obtain…

Ron Pollock stated, I was under the impression that he had that they got the permits, I had the trailer moved once before up on the other part of the lake, you should see that one. You should have seen it when I bought it but, you should see it today, I wish that I had it, it looks like a golf course. I’m not going to live in this one, I’m just going to use it as a construction trailer. I have been in construction business for 25 years and I know that you have to have something that you have to work out of.

President Thompson asked, but, again, the person that towed the trailer for you, you assumed that he had the permits to move that trailer?

Ron Pollock stated, I did, I did. I assumed that he is a professional hauler of…

President Thompson asked, you didn’t ask to see them?

Ron Pollock stated, no, I didn’t, I just assumed that.

President Thompson stated, okay.

Director Weaver stated, I have some things that I would like to add. Number one, Mr. Pollock did contact me about this mobile home prior to the complaint coming in for this mobile home. I informed him that I could not issue a permit for a mobile home that does not have a title because, when we issue a permit for a mobile home, we require a copy of the title. I also informed him that he would have to go through a variance for something that was older than an 1981. On the sign, yes, it was tabled from last months’ meeting that’s why it has a May date on it. When we received the sign he was told that it needed to be visible from the road.

President Thompson asked, does anyone else care to address the Board?

Charlie Mellon stated, the county has a building inspector, why did you have a City Inspector to do it? Inspect it?

Ron Pollock stated, he wasn’t the inspector at the time, Bob was…

Charlie Mellon stated, I’m sure that he was.

Director Weaver stated, Charlie, Bob Braaksma does these as private inspections, they have nothing to do with being the City Building Inspector. He does them privately, not as…

Charlie Mellon asked, not for the county?

Director Weaver stated, not for the City, not for the county…

Charlie Mellon stated, not for the county, I thought…

Director Weaver stated, he is hired by the individual to do the inspection.

Charlie Mellon stated, I’m sure that the county man has been on over 2 months because, he’s been in here reporting to the Commissioners…

Director Weaver stated, he would have been hired privately by Mr. Pollock to do this inspection.

Charlie Mellon asked, the county man would have?

Director Weaver stated, yes, he would have…

Charlie Mellon asked, is that the way that he works?

Director Weaver stated, this inspection is to be done by a private inspector.

Attorney Altman stated, that’s the way that mobile homes are…

Director Weaver stated, that’s the way that mobile homes get inspected.

Attorney Altman stated, older mobile homes are inspected.

Charlie Mellon stated, okay, I didn’t know that, I’m sorry.

Ron Pollock stated, thanks Charlie anyway.

President Thompson asked, is there anything else?

John Raines stated, just for the sake of time, the inspection, I don’t think that I need to go through it but, that mobile home didn’t pass anything. The only thing that it passed was the final page, final statement, which was hand written and not part of the inspection. Hand written that Mr. Pollock didn’t want to use it as a mobile home, he wanted to use it as a construction trailer and had no intention to live in it.

President Thompson stated, thank you.

Ron Pollock stated, Mr. Braaksma concurred that it could be used as a construction trailer, it’s in your notes.

President Thompson stated, to the Board…

Jeff Saylor asked, I have either a question for Director Weaver or Attorney Altman, just to clarify the Ordinance regarding trailers, is that trailers moved into White County?

Director Weaver stated, in or within.

Jeff Saylor stated, in or within.

Carol Stradling asked, Ron you want this passed as a mobile home?

Ron Pollock stated, I didn’t catch that…

Carol Stradling stated, I guess the way that you are before the Board this evening is to approve this as a mobile home.

Ron Pollock stated, I want to approve it as a special exception for a construction trailer. In our manual it says that you can have a construction trailer, specifically a construction trailer. If you look at temporary permits, “subject to conditions, fees, and standards otherwise required by this Ordinance….to an applicant to use a manufactured….home as a construction….trailer at….the site”. So you can take a mobile home and use it as a construction trailer at the site and it says down here, “the length of the permit, a temporary use permit may be issued, at the discretion of the Plan Commission…for a period not to exceed 2 years.

Attorney Altman asked, what page is that?

Ron Pollock stated, that’s on page, I don’t know what page it is, it’s 7.30.

Carol Stradling stated, what that does is, that gives permission to use a mobile home as a construction trailer…

Ron Pollock stated, yes.

Carol Stradling stated, but, it doesn’t change a mobile home to a construction trailer. It’s not saying that because, something is being used as a construction trailer it’s something other than a mobile home, if you see what I’m saying.

Ron Pollock asked, wouldn’t it have to be according to Bob, that if you live in it, it’s a considered a mobile home, it’s not a home, it’s completely gutted, there’s nothing inside other than a stove. You couldn’t live in it if you wanted to. There is no electricity to it, no kitchen and no facilities at all.

Director Weaver asked, are the plumbing facilities still in the mobile home?

Ron Pollock stated, the only thing is, is a few pipes, everything has been destroyed, everything has been taken out, the kitchen has been taken out and the sinks have been taken out. There is nothing inside the trailer other than an old bathroom that was in there but, it’s not hooked up to anything.

Carol Stradling stated, the way that we have to look at this though is a mobile home, no matter what the use is, is that…

Attorney Altman stated, that’s what your Ordinance says.

President Thompson stated, but, it is advertised as an outdated mobile home.

Attorney Altman stated, that’s what I mean.

President Thompson asked, any particular reason why you didn’t ask to have that worded as an older construction trailer or something, I don’t know if you could have done it that way…

Ron Pollock stated, I think that Bob…

President Thompson stated, I don’t know, I’m just asking…

Ron Pollock stated, if you read his last paragraph, he does use it, that he recommends it as a construction trailer.

President Thompson stated, yes, it does…

Ron Pollock stated, only, it should not be used to live in.

Carol Stradling stated, I don’t know that he’s making any recommendation at all. He statement is that you want to use the mobile home as a construction trailer and no one would be able to live in it. I don’t know that you can confer that he is recommending that this be used as…

Ron Pollock asked, he told me that he recommended it, he told me that he told Director Weaver that he recommended it, is that right Director Weaver?

Director Weaver stated, I don’t recall.

Ron Pollock stated, well that’s what he told me.

Carol Stradling stated, but the essence is that we have to vote on this as a mobile home. If a construction company were to bring in a construction trailer to this site and it were older than a 1981, it would also have to go through the process.

President Thompson asked, I believe so, is that right?

Carol Stradling stated, INDOT moves trailers around all of the time…

Director Weaver stated, they do not receive permits for those.

Carol Stradling stated, I don’t know how old those are…

President Thompson stated, there you go…

Director Weaver stated, because, I think that those are licensed, I think that they have, I believe that they have a license plate on their…

John Raines stated, they have a license plate, they have to have them plated to transport it down the road. Anything that gets transported down the road, either has to have a permit or, they have to have a license plate, one or the other.

Ron Pollock stated, to do that, I can’t apply for a lost title and get license plates for it, that’s what it takes. I have no problem with that…

John Raines stated, that should have been done before you ever moved it the first time. One more thing, if I could quickly…

Attorney Altman stated, no, let's keep out of that, just do what we’re doing tonight…

John Raines stated, that’s what I’m doing.

Attorney Altman stated, if the things that proceed this, we have a request for a special exception for a old mobile home to be placed in White County. That’s all that we’re talking about. We’re not talking about plates, or what should have been done, we’re talking about request here and now. I realize that there are other issues, don’t get me wrong and I’m not telling you that there’s maybe they don’t need attention but again, we talk about the moon and still not get done. Let's talk about what we have before us.

President Thompson asked, does the Board have any comments or questions?

Ron Pollock asked, Attorney Altman, would you recommend that I do other things?

Attorney Altman stated, the request is for a special exception for an old mobile home, not for a construction trailer. Not for a temporary, well, you can modify it to a temporary use and I think that you have done that by your request and your testimony but, you have not asked for petition for a construction trailer pursuant to the section that you sited there. I think that’s what you want, not what your asking for here before us tonight.

Ron Pollock asked, should I ask them for a permit, temporary permit, I mean?

Attorney Altman stated, that might be but, again do it with this request and you do have and Officer Raines is right, an apparent mobile home that has been moved to this, moved in White County without a permit. I understand that this is an attempt to cure that problem. There are two issues going on, you want the temporary permit for a construction trailer and you have an old mobile home and you’re trying to cure it with this request a moved mobile home.

Ron Pollock asked, then can I ask to have it tabled?

Attorney Altman stated, yes, you can.

Ron Pollock asked, go that route?

President Thompson stated, yes.

Attorney Altman stated, you sure can.

President Thompson stated, you may.

Attorney Altman stated, this would be…

President Thompson stated, time to do it.

Attorney Altman stated, okay, this will be heard the next meeting and that will be when Director Weaver?

Director Weaver stated, July the 19th.

Attorney Altman stated July the 19th, right here at the same time. You will be the first one to be heard. Obviously, you can’t use it for anything between now and then, anything.

President Thompson asked, does everyone understand that, July the 19th is our next meeting.

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#2010 Mark R. & Thoma A. White; Requesting a 10’ front setback variance and a 2’ rear setback variance to build a detached garage on lot #34 in D & H Addition. The property is located in the City of Monticello at 501 W. Washington Street.

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

Mark White stated, I’m asking for a variance to build a garage, a detached garage.

Director Weaver stated, we have not received any complaints on this in the office. The reason for the request is it does set on a corner lot therefore he has to meet a 32’ front setback.

Attorney Altman asked, how tall will the garage be?

Mark White stated, it’s just a regular 2 car garage probably…

Attorney Altman asked, single story, no flooring above or anything like that?

Mark White stated, no, single floor. It’s a lower gable, it’s not a higher gable, just standard two-car garage.

Attorney Altman stated, being on a corner there is concern about blockage.

President Thompson asked, anyone here opposed to the variance this evening? Does anyone care to speak in favor of? You don’t have to always speak in the negative all of the time I guess. No response, I think that you said earlier.

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

Attorney Altman asked, access will be on the alley?

Mark White stated, yes.

Attorney Altman stated, obviously, a two-car garage.

Mark White stated, yes.

Director Weaver stated, I would rather see it go there than closer to the street…

Mark White stated, the street, yes.

Director Weaver stated, because, I go up and down that alley every day.

President Thompson asked, are there any comments? I think that pictures are being passed around. Are there any comments or questions from the Board? Nothing? Is the Board ready to vote? I believe that we will 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 10’ front setback variance and a 2’ rear setback variance to build a detached garage on Lot 34 in Dreifus and Haugh Addition in Monticello, White County, Indiana.

COMMON DESCRIPTION: The property is located in the City of Monticello at 501 W. Washington 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 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 5 affirmative and 0 negative.

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

****

#2011 James Hook; Requesting a 17’ front setback variance to build an attached garage onto the existing home on 3.12 & .83 Acres. The property is located in Union Township at 8255 E. U.S. Highway 24.

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

James Hook was present to represent this request.

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

James Hook stated, yes, basically we went through this I think that it was a couple of months ago. Basically, what happened is the surveyor made a type-o, which caused us to go back through this. We went ahead with the construction, I don’t know if you have pictures of that or not. We went ahead with the construction and brought the surveyor back out to get it surveyed again which he said, this isn’t right, are you talking about, according to everything and looking into everything, he made a type-o so we’re redoing the whole process. We stopped construction naturally.

Attorney Altman asked, what was the type-o?

James Hook stated, he mistyped the length of the garage.

Director Weaver stated, it made a difference in how close they were going to the highway.

James Hook stated, which naturally put us stopped…

Director Weaver asked, 8’?

James Hook stated, yes, he mistyped the whole thing so we’re back here going through it again.

President Thompson asked, any response from anyone?

Director Weaver stated, no.

President Thompson stated, nothing. Any comments either yes or no? Any questions from the Board?

Attorney Altman asked, Director Weaver, they obtained a permit consistent with the other?

Director Weaver stated, with the other variance, yes.

Attorney Altman asked, how did you find out about this by them coming back in?

Director Weaver stated, yes, after the surveyor had been back out there.

Attorney Altman asked, so, it wasn’t an enforcement action from here?

Director Weaver stated, no, it was not.

Attorney Altman asked, they had self-enforced and come back in trying to, get the matter corrected?

Director Weaver stated, yes.

Attorney Altman asked, they haven’t built anymore than what they intended to on that permit, it’s just 8’ closer?

Director Weaver stated, it’s was 8’ closer than what the original request was for. They had built…

Attorney Altman stated, kind of a violation but, it’s not an over build…

Director Weaver stated, but, they were not at fault on that.

Attorney Altman stated, that’s what I’m trying to make sure that the record shows.

Director Weaver stated, yes, they did get permits for what the variance had requested. It was just a distance from the road right-of-way is where the problem was.

Attorney Altman asked, so this isn’t a particular case for a fine or anything like that?

Director Weaver stated, no.

President Thompson asked, is there anything from the Board?

Carol Stradling asked, the doors, your going to enter the garage from the East?

James Hook stated, yes, from the East.

Carol Stradling stated, the garage is 40’ long I guess.

James Hook stated, yes, towards the South so we will enter through the East off of my driveway.

Carol Stradling asked, okay, and I’m looking at the barn that is to the West of you. Will this addition extend beyond that?

James Hook stated, he’s further out than I am.

Carol Stradling stated, I thought so, you’re still not the closest thing to the highway?

James Hook stated, no.

President Thompson asked, are there any other concerns? Is everyone ready to vote?

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 17’ front setback variance to build an attached garage onto the existing home on Tract I; A tract of land located in the Northeast Quarter of the Southwest Quarter of Section Twenty-five (25), Township Twenty-seven (27) North Range Three (3) West in Union Township, White County, Indiana and described more fully as follows: Beginning at a point which is South One Thousand Fifty (1,050) feet and South 89 degrees and 43 minutes West One Thousand One Hundred Seventy-one (1,171) feet from the Northeast corner of the Southwest Quarter of the above said Section Twenty-five (25) and running thence South 89 degrees and 43 minutes West One Hundred Sixty-five (165) feet to the West line of the Northeast Quarter of the Southwest Quarter; thence along said line North 1 degree and 20 minutes East Two Hundred Seventeen and Eight-tenths (217.8) feet; thence North 89 degrees and 43 minutes East One Hundred Sixty-five (165) feet; thence South 1 degree and 20 minutes West Two Hundred Seventeen and Eight Tenths (217.8) feet to the point of beginning, containing .83 Acres more or less.

Tract II; That part of the Northeast Quarter of the Southwest Quarter of Section Twenty-five (25), Township Twenty-Seven (27) North, Range Three (3) West in Union Township, White County, Indiana described by: Commencing at the Northeast Corner of the Southwest Quarter of the above said Section 25; thence South 1050 feet; thence South 89 degrees 43 minutes West 1171 feet; thence North 01 degree 20 minutes East 217.8 feet to the point of beginning; thence North 01 degree 20 minutes East 822.2 feet; thence North 89 degrees 48 minutes West 165.00 feet; to the Northwest corner of the Northeast Quarter of the Southwest Quarter; thence South 01 degree 20 minutes West 823.6 feet; thence North 89 degrees 43 minutes East 165.00 feet to the point of beginning. The above-described parcel of land contains 3.12 Acres, more or less

COMMON DESCRIPTION: The property is located in Union Township at 8255 E. U.S. Highway 24.


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 your building permit modified before you proceed.

****

#2012 Arthur McGregor; Requesting a 3’ West side setback variance to build an addition onto the existing home on lot #92 in Tippecanoe Country Club Fairways Subdivision. The property is located in Union Township at 4477 E. Fairway Court.

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

Arthur McGregor was present to represent this request.

President Thompson asked, do you have anything additional?

Arthur McGregor stated, yes, it’s essentially a very small room, it’s going to be, really it’s going to be an addition to the bedroom, it’s going to be a closet actually. I needed the extra foot. I looked to the North we impacted on the septic system, looked to the South, we impacted on the well system, and there will be because of the vent. There will be no plumbing, there will be no heating added, the only thing that I would add is obviously, a light. It will be attached to the house it will follow the roof line and essentially what it was is that we’re, just for the space, we needed an extra foot and it just, just any smaller than that it wouldn’t have been reasonable to build.

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

Director Weaver stated, no, we have not received anything. I do want to mention that this subdivision has special setbacks, they are not your standard setbacks and this variance does reflect those.

President Thompson asked, the pictures are being passed around. Is there anyone here opposed to the variance this evening or care to speak in favor of? Are there any concerns from the Board?

Carol Stradling asked, how big is lot #95, are they standard?

Arthur McGregor stated, yes they are all pretty standard.

Director Weaver stated, they are 100’ lots.

Arthur McGregor stated, I think that that lots on either side have, I just have the one for lot #92.

Attorney Altman stated, on the staff report it appears that they are about the same. I’m eyeballing it a little bit there Carol but, they appear to be, I’m not putting a measurement on it but, they look like they are about the same.

Carol Stradling stated, when they build close to a vacant lot it’s nice to know that vacant lot will still have enough room to build.

President Thompson asked, is there anything else? If not is the Board ready to vote on that?

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 3’ West side setback variance to build an addition onto the existing home on Lot 92 in Tippecanoe Country Club Fairways Subdivision in Union Township, White County, Indiana.

COMMON DESCRIPTION: The property is located in Union Township at 4477 E. Fairway 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 5 affirmative and 0 negative.

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

****

#2013 Douglas Wilburn; Requesting a 4’ North side setback variance to build an attached garage onto the existing home on lot #4 & the North ½ of lot #3 in Peterson’s Addition. The property is located in Union Township at 2546 N. Peterson Drive.

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

Douglas Wilburn was present to represent this request.

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

Douglas Wilburn stated, basically it’s what it says, we’re adding, we would like to add to the existing garage to be able to park 2 vehicles. The garage height is not elevated simply an 8’ x 12’ garage, with standard roof. There will be no overhead storage, it won’t be heated, just lighting, that’s about it.

Director Weaver stated, we have not received anything in the office on this but I want to clarify to the Board that in the pictures you might see that there is some construction going on. What he has done is he is doing some work on the home as well he has obtained his building permit to do that and then if this variance it granted he will get an additional building permit to do the garage.

Attorney Altman asked, is everything in compliance now?

Director Weaver stated, yes.

President Thompson asked, is there anyone here opposed to the variance this evening? Does the Board have any questions?

Carol Stradling asked, the front, well it’s on the lake so, I guess that it will be the back setback, the distance, from the road, is okay?

Director Weaver stated, yes.

Carol Stradling asked, even though it comes out?

Director Weaver stated, they are only required 20’.

Carol Stradling stated, okay, since that’s the rear setback.

Director Weaver stated, that’s right.

Carol Stradling asked, so, the only thing that we need to look at is the side?

Director Weaver stated, the side.

President Thompson asked, are there any other concerns?

Attorney Altman asked, when will this go on the septic system?

Douglas Wilburn stated, the septic system is on the opposite side of the home.

Attorney Altman stated, no, I don’t mean that, on the….

Director Weaver stated, the new sewer systems…

Attorney Altman stated, the new sewer system.

Douglas Wilburn stated, I don’t know.

Director Weaver stated, they are not even in that area.

Douglas Wilburn stated, we have not been given any information on that yet.

Attorney Altman stated, so we’re looking at it as it is.

Douglas Wilburn stated, keep in mind that I’m trying to avoid a direct line from the septic to the road now, it won’t be in the way.

President Thompson asked, is the Board ready to vote? We shall 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’ North side setback variance to build an attached garage onto the existing home on Lot 4 and the North Half of Lot 3 in Peterson’s Addition in Union Township, White County, Indiana.

COMMON DESCRIPTION: The property is located in Union Township at 2546 N. Peterson 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 5 affirmative and 0 negative.

Attorney Altman stated, you need to get the building permit that Director Weaver indicated.


****

#2014 Alan Krygier; Requesting a 28’ front setback variance to build an addition onto the existing home on .17 of an acre. The property is located in Liberty Township at 4259 Penrod Drive.

President Thompson asked, do we have anyone to represent this request?

Alan Krygier was present to represent the request.

President Thompson asked, what do you have for us tonight sir?

Alan Krygier stated, just requesting a variance to attach a garage, the house does not have a garage. It was my grandparents’ home which since have passed away and they had another property across the street that they used as a garage but, I did not purchase that property I just purchased the lake house and I’m requesting a garage attachment there. I have pictures of the rooflines and how they will all match up if you want to pass it around. I just have one copy of it.

Attorney Altman stated, we keep it if you give it to us.

Alan Krygier stated, well, I don’t want to do it then.

Attorney Altman stated, we can run copies but we keep the exhibits.

President Thompson asked, he saying the garage and the advertising just says an addition.

Alan Krygier stated, there is an addition behind the garage that will match up to the back of the house, it will be an exercise room.

Attorney Altman asked, it’s more than just a garage, it’s….

Alan Krygier stated, yes, it’s an addition and the garage is 30’. The back 20’ is an exercise room just to match up the house.

Attorney Altman asked, the height on the garage will be…

Alan Krygier stated, in the same line as the house.

Attorney Altman asked, the same line of the house. No storage area over the garage particularly?

Alan Krygier stated, no.

Attorney Altman asked, septic system, when would this go on the new sewage system.

Alan Krygier stated, I’m not really sure but I will be glad to tie in.

Director Weaver stated, it’s not going in this area right now.

Attorney Altman stated, still not in this area either.

Director Weaver stated, we’re on the East side of the lake on these two.

President Thompson asked, any response from anyone?

Director Weaver stated, no we have not received any.

President Thompson asked, is there anyone here opposed to the variance this evening? Any concerns or questions from the Board? Attorney Altman, do you have anything?

Attorney Altman stated, I already asked him about his height.

Carol Stradling asked, if he goes 5’ over the concrete slab I was just trying to visualize and make sure that there is really going to be 14’ between that and the house next door. Before you put up that foundation, the survey indicates that there is going to be 14’ between you and then neighbors’ house?

Alan Krygier stated, yes…

Carol Stradling stated, not property lines but, house.

Alan Krygier stated, there was actually a mistake on the first survey but we caught it before this meeting, thank God. There was, he had 11’ but, they came back since then and re-staked it and it’s right on this one. There is 14’.

Carol Stradling stated, okay, if there is only 11’ then that puts you 3’ closer to that house.

Alan Krygier stated, no, that’s…

Carol Stradling stated, we’re not giving you permission to do that.

Alan Krygier stated, no, I know that.

Harold Fritz stated, I’m the neighbor.

Attorney Altman asked, which way, towards this property?

Harold Fritz stated, yes, facing his garage. We had our survey when we bought it 3 years ago and we did have 6’ on that side. We have talked, measured that and it is accurate. Unless the surveyor, Mr. Milligan in fact done this survey and his towards the road will be the same as our garage which is back further than I would 95 percent or 100 percent of the houses on that road and I see no problem with it.

Carol Stradling stated, just watch him when he put up those walls…

Harold Fritz stated, I will make sure that he does it right.

President Thompson asked, are there any other comments? If not is the Board ready to vote? We shall 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 28’ front setback variance to build an addition onto the existing home on A tract of land out of the North Half (1/2) of the Southwest Quarter (1/4) of Section Thirty Two (32) Township Twenty-eight (28) North, Range Three (3) West in Liberty Township, White County, Indiana, and described more fully as follows:

Beginning at a point which is Five Hundred Fifty one and Seven Tenths (551.7) feet North and One Thousand One Hundred Eighty Five (1185) Feet West of the center of the South Half (1/2) of the above said Section Thirty Two (32) and running thence South Twenty Five Degrees and Forty Two Minutes West (S 25° 42’ W) One Hundred (100) feet; thence North Sixty Four Degrees and Eighteen Minutes West (N 64° 18’ W) Seventy Three and Four Tenths (73.4) feet; thence North Twenty Five Degrees East (N 25° E) One Hundred (100) feet; thence South Sixty Four Degrees and Eighteen Minutes East (S 64° 18’ E) Seventy Four and Six Tenths (74.6) feet to the point of beginning, containing Seventeen Hundredths (.17) of an acre, more or less.

COMMON DESCRIPTION: The property is located in Liberty Township at 4259 Penrod 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 5 affirmative and 0 negative.

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


****

#2015 David & Nancy Brown; Requesting a 32’ front setback and a 6’ rear setback variance to place a privacy fence on 0.46 of an acre. The property is located in Liberty Township at 8927 N. Kiger Drive.

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

David Brown was present to represent this request.

President Thompson asked, do you have anything additional to what I read?

David Brown stated, my property already has a privacy fence, 6’ on the back and one side, I just want to finish it off the front on the other side.

Attorney Altman asked, what kind of privacy fence are you talking about?

David Brown stated, 6’ standard privacy fence, wood.

Attorney Altman asked, what do you mean standard?

David Brown stated, it’s just a stockade privacy fence.

Attorney Altman asked, okay, stockade so it’s solid?

David Brown stated, yes, solid wood.

Attorney Altman stated, solid wood.

President Thompson asked, any response from anyone?

Director Weaver stated, I don’t have anything in writing. We did have a neighbor come in inquiring about the request, did not seem to oppose the request.

Art Connell stated, I own the property that the fence is going to be on. I don’t have a problem with the fence as long as, I have pine trees that have been there for 20 years and some of the limbs hang over their property line. If they want to cut those, that’s fine I just don’t want them cutting back at the trunk of the tree where they have cut before. Their meter pole is 2’ on my property and I really don’t want their meter pole on my property with a privacy fence, I don’t want it there anyway and I have said something to them in the past and it never got moved. I just want to make sure that their meter pole is put on their property before the fence goes up.

Attorney Altman asked, which way are you?

Art Connell stated, I’m South.

Attorney Altman asked, is this toward Kiger Road or is it toward…

Art Connell stated, they are putting it on Kiger Road…

Attorney Altman asked, no, where the meter is.

Art Connell stated, it’s on the South side, just South of their home and I don’t oppose the fence at all as long as these things are done.

President Thompson asked, why did they set…

Art Connell stated, it was done before they ever owned it and…

Attorney Altman asked, who set it?

Art Connell stated, it’s REMC, I don’t know who set it. It’s been there for quite some time and I think that it could cause problems just having the meter pole on the wrong side of the fence.

Ron Pollock asked, REMC would have an easement where that pole is…

Art Connell stated, yes, I think that they can get to the pole.

David Brown stated, yes, they read the meter every month.

Carol Stradling stated, it’s just where they read the meter Ron, they wouldn’t need an easement, it’s not a utility power easement, it’s…

Ron Pollock asked, but this isn’t the pole, with a meter on it?

Art Connell stated, it’s the pole with the meter and the base and the main breaker.

Carol Stradling stated, I think that NIPSCO has an easement to have the meter on my property.

Ron Pollock stated, they will have to have it pulled out.

Carol Stradling stated, but that’s their electric service to their house. It would still need an easement?

Ron Pollock stated, the pole belongs to R.E.M.C, is it N.I.P.S.CO. or R.E.M.C.?

Art Connell stated, it’s R.E.M.C.

David Brown stated, R.E.M.C.

Ron Pollock stated, R.E.M.C, wherever they put a pole, they have to put an easement, right Director Weaver?

Director Weaver stated, I don’t believe if it’s for your own private property. It sounds like this pole has just been placed on the wrong property.

Art Connell stated, right, just on the wrong property and I would like to have it before the fence goes up, I would like to have it on the other property.

President Thompson asked, have you contacted REMC about this?

David Brown stated, I contacted R.E.M.C. and they said that it would be up to Mr. Connell there to have it moved. They said that it’s not up to me, it’s not on my property. If it’s to be moved, he is to pay for it and it’s not even 1’ on his property.

Attorney Altman stated, it’s a pole to service your place. I really think that it should be removed and if it serves you, it would be yours to remove not his.

David Brown stated, that’s what I was told.

Attorney Altman stated, no I understand that. That may be what they think but, I guess I would suggest that if you want this kind of variance it would be something that you need to have done as a condition to grant the variance, the removal of the pole.

Jeff Saylor stated, this is and issue with the power company and really doesn’t in my opinion apply to a variance for a fence which we’re voting on and that really needs to be resolved perhaps between these two gentlemen and R.E.M.C.

President Thompson stated, I would think that R.E.M.C. would want to move it.

Art Connell stated, I can see a lot of problems coming, if their breaker goes bad and they don’t want to move it, I’m not going to let them come on my property and fix it.

Jeff Saylor stated, that’s not an issue for us to…

Art Connell stated, it’s just like that.

Director Weaver stated, I had seen survey flags when I was at your property…

David Brown stated, yes.

Director Weaver stated, from the survey flag on the South corner, where is that pole?

David Brown stated, to the…

Art Connell stated, East…

David Brown stated, East.

Director Weaver asked, it is to the East of that survey flag?

David Brown stated, 50’ to 60’.

Ron Pollock asked, did you ask REMC to move it?

Attorney Altman stated, he said that he did, the applicant says that he did.

David Brown stated, I didn’t ask them to move it, I just asked them whose responsibility it would be to move it and that’s what they told me.

Attorney Altman stated, excuse me, I misunderstood what you said.

David Brown stated, this lot that I live on use to be owned by him, he owned 2 lots and he divided it off and sold the other lot and that’s where the pole was when I moved there.

Art Connell stated, I didn’t put the pole there, the people that owned it before you put the pole there, had the pole put there. I had a vacant lot at that time.

David Brown stated, the pretty much put it, it’s right on the line.

Art Connell stated, but, it’s going to be on my side of the fence.

David Brown stated, yes right, 6”.

Art Connell stated, well, more than that.

President Thompson asked, so we’re voting on the fence? Correct everyone?

The Board stated, yes.

President Thompson stated, good luck on the pole that’s the best that we can tell you.

Carol Stradling asked, it’s right along Kiger Drive?

David Brown stated, yes.

Carol Stradling asked, how far is it off of Kiger drive?

David Brown asked, what the pole?

Carol Stradling stated, no…

David Brown stated, the fence, I want a variance to put it on my property line and I was told that I had to put it back 30’ from the property line.

Director Weaver stated, 32’.

David Brown stated, that’s the variance that I want to put it right on the property line.

Carol Stradling asked, and I’m asking you, how much room is there from your property line to Kiger Drive?

David Brown stated, 12’, 15’.

Director Weaver asked, do you want to see the pictures again Carol?

Carol Stradling asked, so it will be right where, there is a split rail fence there now?

David Brown stated, yes.

Carol Stradling asked, it will be along that same line?

David Brown stated, yes, hooked right to it, right on the property line.

Robert Ivy stated, I have no objections to the fence because I’m 2 properties around it. as far as I’m concerned he can start tonight but, I have two questions that I would like to have answered. When I went into the office and looked at the drawing that the fence would be on the property line but, here it says that it’s 32’ off of the property line, am I correct.

Director Weaver stated, no…

Attorney Altman stated, that’s what the variance is. If it didn’t get varied it would have to go back 32’.

Robert Ivy stated, okay fine that’s one mistake for me…

Attorney Altman stated, no mistake, it’s just the understanding of what he is doing. So he’s varying 32’ to come on the line.

Robert Ivy stated, now last winter, I don’t know if you remember seeing any snow around here or not but, I did and between where he lives and the lady across the street I could be exaggerating but, I pushed at least 15 cars out of the snow. Now when they plow snow and it piles up against his fence, and it does end up back in the road, whose responsibility is it to remove that snow? The Highway Department comes by and now we have trouble with cars going by. Now, we have people getting stuck now to get to be my age you get to thinking about emergency equipment what happens if they can’t get through because the snow can’t be pushed that far back? Now that’s just my problem, I don’t know whether that is illegal thing or not but, I’m just asking a question. My other question is this, on the back of this drawing when they showed it to me on the front it states that the trailer is suppose to be so far from the line and it’s not legal. If I’m wrong, I think that it’s 17’ instead of 20’ is that okay if there was a variance done on it I have no problems. Do you understand what I’m trying to say?

President Thompson stated, yes.

Robert Ivy stated, that the thing is if he is going to fix one, is he going to fix the other one? That is my problem and whether or not that means anything to anyone and the only problem that I have is I’m 73 years old and I’m tired of pushing trucks.

Director Weaver stated, I believe that the mobile home is grandfathered, the location of the mobile home is grandfathered in.

Robert Ivy stated, fine, then I have no objections or nothing.

President Thompson asked, does anyone else have any questions, no one?

Carol Stradling asked, could you set it back a little farther to allow for some removal.

David Brown stated, the fence, it will be back a good 15’, that should be plenty for snow, 15’ from the edge of the road. I don’t think that we’re going to get that much snow to pile up to go back into the road.

Carol Stradling asked, earlier didn’t you tell me that it was 12’?

David Brown stated, 12’ to 15’.

President Thompson asked, Board, is there anything else?

Gary Barbour asked, what side is this on, would it be the West side or the South side?

Director Weaver stated, Kiger Drive is on the West.

President Thompson asked, if there is nothing else, we are 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 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 32’ front setback and a 6’ rear setback variance to place a privacy fence on That part of the West side of the Northwest Quarter of Section 15, Township 28 North, Range 3 West in Liberty Township, White County, Indiana, described by: Commencing at the Northwest corner of the above said Section 15, thence South 88 degrees 49 minutes East along the Section line 1220.95 feet; thence South 01 degree 08 minutes 30 seconds East 100.00 feet; thence East 200.88 feet; thence North 01 degree 16 minutes West 100.00 feet; thence West 200.66 feet to the point of beginning; containing 0.46 of an acre, more or less.

COMMON DESCRIPTION: The property is located in Liberty Township at 8927 N. Kiger 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 5 affirmative and 0 negative.

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

****

#2016 James L. & Virginia L. Le Blanc; Requesting a 2’ height variance to build a pole building on lot #5 in Quiet Water Estates Subdivision. The property is located in Monon Township at 5100 Quiet Water Court.

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

James LeBlanc stated, I’m only asking for a 12” variance in height. I understand that it’s going to be 16’ instead of 15’.

President Thompson asked, so you just want a 1’ variance?

James LeBlanc stated, correct.

President Thompson asked, did everyone follow that?

Director Weaver stated, I’m trying to find out where we got that information from, I don’t see it on here.

Attorney Altman stated, he wife is saying that we gave him 2’….

President Thompson stated, you can do less…

Director Weaver stated, I don’t even see on the survey where it says the height.

Ron Pollock asked, your just asking that it be 16’ instead of 15’.

James LeBlanc stated, it’s either going to be 16’ or 17’ instead of 17’.

Ron Pollock asked, it may be 17’?

James LeBlanc stated, it may be, I don’t know yet.

President Thompson stated, we had better leave it that way. Have we received any response from anyone?

Director Weaver stated, no.

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

Attorney Altman asked, this is just a tool shed, it is not…

James LeBlanc stated, it’s going to be a storage building strictly for me motor home.

Attorney Altman asked, there is not flooring in there?

James LeBlanc stated, no, it’s going to be open floor.

Attorney Altman asked, open area up above?

James LeBlanc stated, correct.

Attorney Altman asked, there won’t be any…

James LeBlanc stated, nothing above.

Attorney Altman asked, just roof and walls and your gravel floor?

James LeBlanc stated, right, I’m going to have a 12’ x 12’ overheard door and a utility door put in.

Attorney Altman stated, there is a lot of problems with people wanting to put apartments in these types of buildings or think that they might want to.

James LeBlanc stated, no, it’s impossible to put it in this one.

Attorney Altman stated, it sounds like it, I just want to put it on the record.

President Thompson asked, is anyone opposed to the variance this evening? Any questions or comments from the Board?

Carol Stradling asked, I do have a question, it says that the setback requirements for the rear setback, is 30’ and the survey that I’m looking at says 18’.

Director Weaver stated, that is for a primary building that is for a home. An accessory building has different setbacks and this structure is meeting those setbacks.

Carol Stradling asked, so this dotted platted setback line…

Director Weaver stated, would be for a dwelling.

Carol Stradling stated, it would be for a dwelling and he could still put that there?

Director Weaver stated, yes.

President Thompson asked, is there anything else?

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 is a proper subdivision of land as provided by the White County Subdivision Ordinance.

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 2’ height variance to build a pole building on Lot Number Fourteen (14) in Bass Riffle Park Plat a recorded in Deed Record 116 page 43 of the Records of White County, Indiana.

ALSO Lot Five (5) in Quiet Water Estates Subdivision, as per plat thereof recorded in Plat Recorded in Plat Record 3 Page 54, Monon Township, White County, Indiana.

COMMON DESCRIPTION: The property is located in Monon Township at 5100 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 5 affirmative and 0 negative.

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

****

#2017 Gary & Nancy Draper; Requesting a 6’ rear setback variance to build a privacy fence on part of lot #4 in C.W. Teeter’s Subdivision. The property is located in the City of Monticello at 806 N. Pine Lane.

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

Gary Draper was present to represent this request.

President Thompson asked, do you have anything to add to what I read?

Gary Draper stated, no, it’s just like that. My privacy fence, all of the way to my rear property line. It just fits I a lot better with where by shed and two rows of pines trees are. There is nothing behind us but, an open lot and some rhubarb and asparagus patches that are full of weeds and then of course the back of C.V.S. is on the other side of that lot.

President Thompson asked, any response from anyone?

Director Weaver stated, no, we have not received anything on this.

President Thompson asked, do we have pictures of this going around?

Director Weaver stated, yes, there are pictures.

President Thompson asked, is there anyone here opposed to the variance this evening? Any comments from the Board?

Gary Draper stated, wood.

President Thompson asked, if there is nothing else, is the Board 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 6’ rear setback variance to build a privacy fence on part of Part of Lot #4 in C.W. Teeter’s Subdivision of Lot #19 and part of Lot #20 in J.C. Reynolds Fourth Addition to the City of Monticello, White County, Indiana described by: Beginning at the Northwest corner of the above said Lot #4; thence South 23 degrees 48 minutes East 127.9 feet; thence South 90 degrees East 132.2 feet; thence on a curve to the right 34.84 feet; thence North 58 degrees 08 minutes West 162.4 feet; thence North 90 degrees West 61 feet to the point of beginning.

COMMON DESCRIPTION: The property is located in the City of Monticello at 806 N. Pine Lane.

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.

****

#2018 Richard E. Jr. & Cynthia Kay Whited; Requesting a 14’ front setback variance to build an attached garage onto the existing home on lot #3 in Southlawn Subdivision Part III. The property is located in the City of Monticello at 504 S. Park Drive.

President Thompson asked, do we have any one representing this request?

Richard Whited was present to represent this request.

President Thompson asked, is there anything that you would like to add?

Richard Whited stated, not a thing.

President Thompson asked, Director Weaver, do you have anything to add?

Director Weaver stated, we have not received anything on this, no.

Attorney Altman asked, proposed garage, single story?

Richard Whited stated, right, single story, two-car, the rooflines will match up with the rest of the house.

Attorney Altman stated, hook right in the house and nothing stored over the top of it?

Richard Whited stated, we will probably just have storage in the rafters.

President Thompson asked, any comments from the Board?

Carol Stradling stated, I know that most of these houses are in line. You garage is going to be one of the few?

Richard Whited stated, I think that there are 4 out there down the road.

Carol Stradling stated, the ones that are out, no one seems to have a problem with them?

Richard Whited stated, no.

President Thompson asked, are there any other comments? 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 14’ front setback variance to build an attached garage onto the existing home on Lot Number Three (3) 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 504 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 5 affirmative and 0 negative.


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

****

#2019 Donald E. & Nancy K. Stearns; Requesting a 25’ front setback variance to build a room addition onto the front of the home and a 7’ side setback variance to bring the existing garage into compliance with the White County Zoning Ordinance on the East ½ of lot #63 & #64 in the Original Plat of Norway. The property is located in Union Township at 305 Franklin Street.

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

Donald Stearns was present to represent this request.

President Thompson asked, do you have anything additional to add to that?

Donald Stearns stated, not really.

Director Weaver stated, we have not received anything in the office on this.

President Thompson asked, is there anyone here opposed to the variance this evening? Any questions or comments from the Board? If there is nothing, we will vote.

Attorney Altman asked, Director Weaver, this again is no reason for a violation?

Director Weaver 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 25’ front setback variance to build a room addition onto the front of the home and a 7’ side setback variance to bring the existing garage into compliance with the White County Zoning Ordinance on the East Half of Lots 63 and 64 in the Original Plat of Norway, White County, Indiana.

COMMON DESCRIPTION: The property is located in Union Township at 305 Franklin 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 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 5 affirmative and 0 negative.

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

****

#2020 Brandon M. & Cherise R. Hall; Requesting a 15’ front setback variance to replace an existing sunroom on the front of the home on Lot #4 in Kolb’s Subdivision Block 2. The property is located in the Town of Brookston at 306 W. 5th Street.

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

Brandon Hall was present to represent the request.

President Thompson asked, do you have anything more to add to that?

Brandon Hall stated, well, you can see from the pictures, the sunroom is out. How that came about was, by going over the existing foundation. We didn’t anticipate any permit issues, we took the old sunroom off and we came in to get our permit. They said that everything should be fine and then they called us to let us know that it had been built 6” over the line and that it was grandfathered in but, since we were replacing the room we needed to go through this. We tried to tarp it up, covering everything, we couldn’t keep the water out the rain was so, my wife told me that I had better get something up there so we went ahead and put the room up hoping that everything would go okay here.

Attorney Altman asked, when you were there it was tarped up Director Weaver?

Director Weaver stated, no, when I was there, that was last week, it was there.

Attorney Altman asked, I thought that I had seen some tarping up.

Director Weaver stated, there is some.

President Thompson asked, is there anyone here opposed to the variance this evening? Did you have anything?

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

President Thompson asked, so as far as your concern, it’s completed.

Brandon Hall stated, there are a few finishing touches left to do.

President Thompson asked, does the Board have any questions?

Attorney Altman asked, Director Weaver, they would have been all right? I guess I’m trying to figure out why there is a need for a variance.

Director Weaver stated, when they tear it down and they replace, they have to bring it into compliance.

Attorney Altman stated, so they tore down…

Director Weaver stated, the existing….

Attorney Altman stated, and now they are trying to replace it to the old existing. I understand.

Director Weaver stated, so they have to bring it into compliance.

Attorney Altman asked, so this isn’t, let's say a violation, we often get it where someone just goes in an does it. Here they are just going back to what was there.

Director Weaver stated, yes, I believe so. It did appear that the foundation was the old foundation. You didn’t put a new foundation in did you?

Brandon Hall stated, not a new foundation, we could have moved it back 6”.

Director Weaver stated, the best that I could remember it was on the old foundation.

Attorney Altman stated, okay, I’m just trying again, sort between a problem variation and a violation but, that’s the only question that I have here.

Carol Stradling asked, so the 15’ that you’re requesting, the variance that you requested, really doesn’t put it any further forward than any other houses on the block?

Brandon Hall stated, no.

Carol Stradling stated, it seems like it is right in line there.

Attorney Altman stated, it’s kind of hard to eyeball but I tend to agree with you from the pictures Carol.

President Thompson asked, is there anything else? Nothing?

Attorney Altman stated, it looks like the old stoop, that was the old stoop right?

Brandon Hall stated, yes.

Attorney Altman stated, and that certainly looks like it’s there I agree, I just, looking at it to make sure.

Jeff Saylor stated, I realize that there is a violation that has happened but I think that it’s an understandable mistake. My own position is that I don’t see the need for any other action.

Attorney Altman stated, I think that it’s pretty clear from looking at the photos, that that’s exactly right.

President Thompson stated, yes.

Ron Pollock stated, I agree.

President Thompson asked, does the Board have any other questions? If there is nothing, are we ready to vote?

Director Weaver stated, you do realize that you need a building permit before you build.

Brandon Hall stated, yes.

Director Weaver asked, and you do realize that White County is in the process of getting a building inspector and that will be enforced strictly.

Brandon Hall stated, okay.

Director Weaver stated, I know that you’re wanting to start a new business…

Brandon Hall stated, yes.

Director Weaver stated, I want you to realize this.

Brandon Hall stated, thank you.

Carol Stradling asked, so you have a building permit for this?

Director Weaver stated, no, he does not.

Brandon Hall stated, we had to come here and we will take care of that just as soon as we can.

Carol Stradling stated, so before…

Director Weaver stated, he applied for his building permit and that’s when he discovered that he needed a variance.

Attorney Altman asked, what business are you going to be in?

Brandon Hall stated, we’re building sunrooms.

Attorney Altman stated, the better practice will be to come in and see us before you touch the place and I’m not trying to over serious this, I’m not trying to under serious this, the better practice would be to immediately anytime because, Director Weaver is right.

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 15’ front setback variance to replace an existing sunroom on the front of the home on Lot Number Four (4) in Block Two (2) in Richard Kolb’s Subdivision of Lots Nine (9) and Ten (10) of Hay’s Addition of the Town of Brookston, Indiana.

COMMON DESCRIPTION: The property is located in the Town of Brookston at 306 W. 5th 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 5 affirmative and 0 negative.


Attorney Altman stated, you need to get your building permit immediately.

****

Attorney Altman stated, we are in the process of about half way through a complaint to take down a building of Mr. Babka. The one that wanted the height variation that didn’t get one I should have that filed probably by Friday of next week to remove that attached garage, or building, whatever it was just so that you know.

Carol Stradling asked, is that the one off of the kitchen or the one with the garage?

Attorney Altman stated, the garage and the pool…

Director Weaver stated, the detached garage….

Attorney Altman stated, and Director Weaver went out and looked at a couple of matters and you would think that someone would have something tall enough to measure that. We got up there and measured it and he is too tall by about 2’.

Carol Stradling asked, still?

Attorney Altman stated, he hasn’t done anything…

Director Weaver stated, he hasn’t done anything…

Attorney Altman stated, nothing is done, nothing has changed since then.

Director Weaver stated, it hasn’t changed any, that’s why we paid him a visit.

Attorney Altman stated, I have been trying to work with him to get results why he apparently had known that he was wrong he had measured it because he never came in with the dimensions and so Director Weaver and I went out and checked that. So that’s about all that I have to report.

Director Weaver stated, I have something real quick, I have budgets in my office, is there anything that anyone wants me to change or to add or subtract from our budget? Nothing?

President Thompson asked, is there anything that you would like?

Director Weaver stated, we are going to attempt to get a new copier, our copier is about to fall apart.

Attorney Altman stated, on this CDC I have applied for and obtained an extension of time to respond obviously, we would be ready honestly except for the minutes and they take a long time to get done. I spent all of last weekend reading the minutes and modifying them somewhat so that we get the correct which, I think that they are right now so that we can have them approved. Once they are approved and a copy of the file is filed with the Circuit Court and the Circuit Court decides, that’s about all that there is to it.

Carol Stradling asked, so I don’t need, I think that I checked with you but I don’t need to response to this?

Attorney Altman stated, that’s right, I have.

Carol Stradling stated, if they come knocking on my door Attorney Altman, I’m going to tell them to go talk to you.

Director Weaver asked, did all of the Board members get a copy of this?

Attorney Altman stated, no.

President Thompson asked, do you foresee us getting called in?

Attorney Altman stated, no.

Director Weaver stated, you’re not aware of what it is do you?

Jeff Saylor stated, I have no clue what we’re talking about.

Director Weaver stated, we have to explain, they don’t know, CDC has appealed that’s why I asked if the Board…

Jeff Saylor stated, I didn’t get anything on this.

Director Weaver stated, Carol Stradling and President Thompson received a summons.

Attorney Altman stated, this is just the way of the decision that we entered the last time. Either way I’m convinced that it would have been appealed.

Director Weaver stated, I agree with you.

Attorney Altman stated, again, once we submit a record…

President Thompson asked, is it true that they went ahead and purchased the house?

Director Weaver stated, I have been told that.

Charlie Mellon stated, CDC has purchased that house, the people that bought the one next to it are really unhappy because, it happens to be our neighbor lady down there, Ray Carter.

Attorney Altman stated, sorry that they are unhappy but, there isn’t a thing that we can do about it.

Jeff Saylor asked, is the suit being filed by C.D.C.?

Attorney Altman stated, yes.

Director Weaver stated, yes.

Ron Pollock asked, they take it to a higher court?

Attorney Altman stated, yes, it’s just how our decisions are reviewed in Circuit Court and they are review by this matter. The attorney on the other side has entered his appearance, Stuart Boehning and this is to be decided.

President Thompson stated, I really don’t want to be called upon but, they are going to be reviewing our reasons right?

Attorney Altman stated, they are going to review our ballots.

President Thompson stated, but, we will not have the right to respond.

Attorney Altman stated, our response is our record, and our record is the minutes.

President Thompson stated, it is but, I have mixed feelings, not that I really want to be put on the stand but, I would like to kind of answer for what we did there too.

Attorney Altman stated, look at the minutes and make sure when you approve them and that’s how this Board technically speaks to the world by the minutes that you approve and by your decision.

President Thompson asked, is there anything else?

Director Weaver stated, nothing.

****

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