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The White County Board of Zoning Appeals met on Thursday, August 16, 2001 at 7:30 p.m. in the Commissioner’s Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

Visitors attending were: Lynn Griesey, Don Griesey, Floyd Fultz, Robert & Donna Beishuizen, Steve & Sharon Metz, Charles R. Mellon, Phil & Teresa Cox, Arlo & Kay Cox, Larry & Lou Wontor, Jimmy B. Cullum, John J. Raines, Ed Wall, Donald Kleinkort, Melody Kleinkort, Les Ezra, Adam Tribbett, Dianna Tribbett and Dan Patterson.

The meeting was called to order by Vice President Jeff Saylor.

Jeff Saylor stated, I believe that the reading of the minutes are being postponed until the, next week…

Director Weaver stated, next weeks meeting.

Jeff Saylor stated, okay, thank you very much. The first order of business is to welcome a new member to our Board, David Scott.

Attorney Altman swore in all Board members and audience members.

Attorney Altman stated, we have business, on our business agenda is a matter relative to White County Board of Zoning Appeals verses Ron Pollock. That is, I received a fax from his attorney, which asked, which is Robert Little, which asked that, this matter be continued and according to and I have granted a continuance of that. That will be heard next meeting and that will be, not next meeting, that will be next month and that will be what time Director Weaver?

Director Weaver stated, that will be 7:30 in the evening on September the 20th.

Attorney Altman stated, and that is a violation that is being continued, the violation only.

Vice President asked, does anyone have any questions before we begin tonight? If not, we will begin.

****


#2009 Ron Pollock; Requesting a special exception as per Section 12.00, Article 12.10 of the White County Zoning Ordinance for a construction trailer that is older than 1981 to be placed in White County. Tabled from July 19, 2001. The trailer has already been placed on a piece of property, which is located in Monon Township on the South side of State Road 16.

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

Attorney Altman stated, seeing none, by our rules, it can be continued until the next months meeting, September meeting, at the same time we will consider the other matter on Mr. Pollock.

Vice President Saylor stated, so at this point, variance request #2009 is being tabled, until the September 20, 2001 meeting of the Board of Zoning Appeals.

****

#2031 Floyd Fultz; Requesting a special exception as per Section 12.00, Article 12.10 of the White County Zoning Ordinance to allow a 1974 mobile home to be placed in White County.

Vice President Saylor asked, is there anyone here representing this request?

Floyd Fultz was present to represent this request.

Vice President Saylor asked, do you have anything to add to this?

Floyd Fultz stated, not up to date.

Attorney Altman asked, is this on site now?

Director Weaver stated, it is not placed, it is sitting on the property because, they had to relocate the mobile home, it is not hooked up or set at this time, it is just sitting on the property at this time. Nothing more has been done, they are waiting on their permit and everything before they do anything else. They are going to replace an existing mobile home on this property that is what their intentions are. This mobile home was bought at an auction and it had to be moved off of the property and it is sitting on the property but, it has not been hooked up or set.

Attorney Altman stated, I guess what I’m speaking on is the one right before it was a very similar matter to this and we must be very careful, as a Board, that we treat similar matters similar ways and that was treated as a violation and the violation was filed. So, the Board must be, consider this and think about this from a procedural point. I don’t know exactly how to resolve it but, we can’t file violations against someone for doing one thing and not file violation complaints against other people for doing something pretty similar. I say pretty similar, advise, the Board decides that, not me.

Director Weaver stated, I agree with this but, I want to point out one thing, this mobile home was inspected prior to being moved to the property. The variance was filed prior to being moved the property so, that the Board is aware of it. He intended all a long to go through this procedure, he just had to have it moved.

Attorney Altman stated, that’s pretty persuasive evidence, I think that, I guess that I think, just for the record, we need to be saying that so that we do things, everyone gets treated fairly.

Director Weaver stated, I agree.

Floyd Fultz stated, that’s right.

Attorney Altman stated, not that their not, I just want it on the record.

Vice President Saylor asked, is there anyone present that would like to address this request? Are there any concerns from the Board?

Director Weaver stated, for the sake of our new Board member, I would like to just state that on your staff report, on the back of it, you have a copy of the title of the mobile home and you also should have received a copy of the inspection done by Bob Braaksma.

David Scott stated, I don’t see it…

Director Weaver asked, you don’t have a copy of it? It should be right behind your staff report.

Attorney Altman stated, that is Mr. Braaksma’s report and this is a copy of the title. That is also something that differentiates, as I understand the evidence of this matter and the prior one. This one has a title and the other one doesn’t and our Ordinance does require a title.

An audience member asked, are there any of these papers that you need?

Director Weaver stated, I don’t think so, he is just a new Board member and wasn’t sure what he was looking for, I don’t know that we need any of that. We do have your inspection and we do have your title.

Attorney Altman stated, no, we have it, it was in the file, thank you, I’m sorry.

Vice President Saylor asked, are there any comments or questions from the Board?

Carol Stradling asked, Mr. Fultz, have you seen the report from Bob Braaksma?

An audience member stated, we have it.

Carol Stradling stated, and the only comment that he has on here that you need that smoke detectors are needed in the bedrooms and carbon monoxide detectors in the hallway.

Floyd Fultz stated, yes, he explained that to me when it’s fully installed he would come back and inspect it and it had better be there.

Carol Stradling asked, then he is going to come back another inspection after you have the furnace to fit?

Floyd Fultz stated, yes.

Carol Stradling stated, okay.

Vice President Saylor asked, is there anything else from the Board?

Director Weaver stated, yes, I would like to tell the Board a little bit of information. I don’t know, some of you may be aware and some of you may not. With these inspections, that has to be done after the mobile home is hooked up with our new building inspector. The way that we are working that is they cannot get an occupancy permit from our inspector until it has been inspected and does meet the requirement. Therefore, they cannot actually occupy the home until that is done. That is something that we have not had that advantage in the past.

Attorney Altman asked, that’s for their protection…

Director Weaver stated, yes, it is…

Attorney Altman stated, for everyone.

Director Weaver stated, yes.

Charlie Mellon asked, doesn’t the county inspector have to do the inspecting now not Bob Braaksma?

Director Weaver stated, no Bob Braaksma does these inspections as a private individual not as an inspector for the county or the city. They have to hire their own private inspector.

Charlie Mellon asked, and then the county inspector has to inspect it?

Director Weaver stated, he can inspect it after it’s hooked up but, not prior to the variance hearing.

Charlie Mellon stated, the way that I understand it, at the Council meeting, at the city the other night that Braaksma is not doing out in that area, he is just doing the city.

Director Weaver stated, these are not done through the city Charlie, these are done as a private individual doing them. These inspections have nothing to do with the city.

Carol Stradling asked, but, the County Inspector and then Bob Braaksma give the final approval before it’s occupied…

Charlie Mellon stated, no…

Carol Stradling asked, no?

Charlie Mellon stated, the county inspector does.

Carol Stradling asked, even if it’s inside of the city limits?

Charlie Mellon asked, beg your pardon…

Carol Stradling stated, even if it’s inside of the city limits, well they don’t allow trailers…

Charlie Mellon stated, I think that Bob is taking care of the city.

Carol Stradling stated, okay, but, he would do it for the final inspection, not for this preliminary inspection.

Charlie Mellon stated, if it’s the rural area, it would be the county inspector…

Director Weaver stated, no, it will not. The first inspection is done by a private inspector, the county inspector will not go out and do this first inspection.

Charlie Mellon stated, that’s the way that it was in the past…

Director Weaver stated, that’s the way that it continues. That is the way that the Ordinance is written, that’s how the Ordinance is written. They have to hire their own private inspector to do their first inspection.

Carol Stradling asked, the first one?

Director Weaver stated, that’s right.

Carol Stradling asked, and then before it’s occupied, then the county inspector goes out to make sure that everything has been done…

Attorney Altman stated, and the private inspector does too.

Director Weaver stated, I’m not even sure that the county inspector is going to be able to do it then, there is some hesitation whether he has the right to go in and inspect the inside of a mobile home. So it will make you have to continue, the second inspection may have to be done by a private inspector as well.

Carol Stradling stated, okay.

David Scott asked, this report, does it appear that everything is in line with the exception of smoke detectors and the inspection…

Director Weaver stated, after it’s set…

David Scott stated, after it’s set.

Vice President Saylor stated, Dave, I’m looking at this that he has not signed off on the electrical system at all. In the first sentence there, he’s not answered that one way or the other and also on the number 5 it has not been, it has issues that will have to be dealt with after it’s set.

Attorney Altman stated, it’s certainly indicated at 100-amp service but, you can’t do anything much more than that because, it’s not hooked up. That’s customary where we are in this situation but, at least he said that the service is there, the physical stuff is there is what he said.

Carol Stradling stated, and it can’t be hooked up until they approve it…

Vice President Saylor stated, that’s right.

Attorney Altman stated, so, it isn’t their fault that he can’t do that, it’s always that way.

Vice President Saylor asked, are there any other comments or questions? Is there anything from the Board?

Attorney Altman stated, for the record Jerry Thompson just arrived and is taking part in the deliberations so we are 5 members.

Vice President Saylor asked, if there are no further comments, does the Board wish to vote at this time? Okay, we will take the vote.

Attorney Altman stated, just to let the other people know, that aren’t involved in this, what we’re voting on. In White County, you move in an older trailer you have to have it inspected before it can be occupied. So, we give one variance inspection on it and that’s what they are dealing with and looking at now. Then after it’s approved to be sited in White County these are mobile homes, older mobile homes, then they must be re-inspected and a building permit obtained and an occupancy permit obtained after it’s been hooked up. That’s what we’re talking about, just so you know the folks that weren’t involved in mobile homes. That’s what we’re dealing with right now.

With no further discussion the Board voted.

The Board finds the following:

1. That the report from the inspection was provided and covers all required areas, see file for exhibit.

2. That no objectors were present at the meeting.

3. That proper notice was given by newspaper advertisement.

4. That the request is for a special exception to allow a 1974 Mobile Home to be brought into White County as required by Section 12.00 of the White County Zoning Ordinance.

5. That the special exception herein authorized and granted is 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 improvement, and the Board additionally finds that the above said special exception is based on the findings of fact so made that are required to be made under the provisions of Section 10.20 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorizes the above said special exception under the above said section of zoning ordinance.

The special exception was granted based on the findings of fact by a vote of 5 affirmative and 0 negative.

Attorney Altman stated, contingent upon working electric, the electric working properly, smoke and carbon monoxide detectors and passing the flue and furnace inspections. You need to get that and then get your building permit and then get your occupancy permit.

Vice President Saylor stated, at this time I would like to turn the meeting over to our Board President Jerry Thompson.

****

#2032 Phillip J. & Teresa M. Cox; Requesting a 2’ Northeast side setback and a 1’ Northwest side setback and an 8’ height variance to build a detached garage on lot #58 in Maple Bend Subdivision #2. The property is located in Liberty Township on the North side of Maple Bend Drive.

President Thompson asked, is there anyone here representing this variance this evening?

Phillip Cox was present to represent this request.

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

Phillip Cox stated, well I just want to try to get this height variance so that I can get my semi truck in there in the wintertime and no one has to look at it.

Director Weaver stated, we did receive a phone call from a neighbor, Steve and Sharon Metz and I guess that Sharon Metz called and she is against this request, she is not in favor of it.

President Thompson asked, and they are located where on this map here?

Director Weaver asked, can you tell us that?

Phillip Cox asked, what is that?

Director Weaver stated, where she is located at?

Phillip Cox stated, she would be on the South side…

President Thompson stated, lot #57 here according to this plat that we have…

Phillip Cox stated, right.

President Thompson asked, is that right?

Phillip Cox stated, yes, could I say one thing?

President Thompson stated, yes.

Phillip Cox stated, these people show up what…

Teresa Cox stated, I think once in the last year…

Phillip Cox stated, once in the last year and they have their property for sale and like I said they have been there one time in a whole year.

President Thompson asked, are they, yes sir…

Steve Metz stated, I’m the one that owns the property on #57 and he is right, we don’t come up here very often. It is up for sale and we were afraid, I wasn’t real sure how high this pole building was going to be and I was afraid that it was going to hurt the sale of my property. That was my main concern in that it would damage me selling my property.

Attorney Altman asked, Director Weaver, would you explain how tall the building will actually be, could be then please?

President Thompson asked, do you have any plans of the building?

Phillip Cox stated, yes, but, I don’t have them with me.

President Thompson asked, what are we talking here, the overall height?

Phillip Cox stated, 22’…

President Thompson stated, 22’ to the eve…

Phillip Cox stated, to the top of the pitch.

Attorney Altman stated, so it will be 40’ x 60’ just like is on the survey and it will be 22’ to the peak on the building.

Phillip Cox stated, right.

Attorney Altman asked, have you seen the survey?

Phillip Cox stated, yes.

Director Weaver asked, do you know how tall the walls are?

Phillip Cox asked, what’s that?

President Thompson stated, the sidewalls.

Phillip Cox stated, how tall they are, their 16’, it would be 14’ for the door plus 2’ for the…

Carol Stradling asked, Mr. Cox where do you live?

Phillip Cox stated, caddy cornered lot…

Teresa Cox stated, 17…

Phillip Cox stated, 17, caddy cornered across.

Carol Stradling asked, so it’s not on…

Director Weaver stated, it’s across from his home…

Phillip Cox stated, caddy cornered, North.

Carol Stradling asked, is it also a trailer?

Phillip Cox stated, no, mine is a house.

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

Director Weaver stated, no I do not. What I was going to do though is read out of the Ordinance the building height, how it’s addressed in the Ordinance. I’m reading Section 2.1027 Building, Height: The vertical distance from the curb level to the highest point of the undersides of the ceiling beams in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip, or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks, and similar projections other than signs shall not be included in calculating the height.

President Thompson asked, is there anyone else here opposed or in favor of this variance either or? Sir, do you have any more questions?

Steve Metz stated, no, I just didn’t understand the setbacks…

Attorney Altman asked, you see how it’s on the survey…

Steve Metz stated, yes.

Attorney Altman stated, that controls what they can and can’t do and the height…

Steve Metz stated, 4.9 and 5.0…

President Thompson asked, metal frame pole barn structure?

Phillip Cox stated, yes, FBI building. We already have one in there up the road North of mine, the same thing.

Carol Stradling asked, is it as big as yours?

Phillip Cox stated, no, it’s not quite as big, it’s just I think 8’ smaller than mine…

Carol Stradling asked, 8’ shorter?

Phillip Cox stated, shorter, yes.

Carol Stradling asked, is it also, you have what a 40’ x 60’?

Phillip Cox stated, yes, see I wanted 40’ x 60’ so that I can get 3 bays. One garage door would be for my semi, the other one would be for the pontoon and then I can get a pickup or my car in to work on it or whatever in my garage.

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

Carol Stradling asked, so you would have 3 bays going this way?

Phillip Cox stated, yes.

President Thompson asked, the length of the building right?

Carol Stradling asked, so what would you, that building looks huge to me, in comparison to the other buildings that are on the survey and you need all of that space?

Phillip Cox stated, yes, I have some jet skis and a speedboat and all kinds of junk that would be behind the, like the semis and the pontoons and stuff like that. I have a lot of junk.

Carol Stradling asked, and it won’t be living space?

Phillip Cox stated, no.

Carol Stradling asked, if you didn’t get the 3’, the 1’ on one side, and the 2’ on the other side, you wouldn’t be able to put 3 bays in?

Phillip Cox stated, no, I would only be able to get 2.

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

Attorney Altman asked, the only thing that I would add is this is an area that the new septic system, sewage system is going in, right?

Phillip Cox stated, in a couple of years.

Attorney Altman asked, a couple of years?

Phillip Cox stated, yes, I believe that it’s, they’re talking two years aren’t they?

Director Weaver stated, I don’t know that I have even heard.

Phillip Cox stated, two or three.

Attorney Altman asked, and this isn’t an area that you have a septic or well system right?

Phillip Cox stated, no, there’s nothing on the property.

Attorney Altman stated, I have a question for the Board, we often times tie uses, lots together. This is sort of a different situation and if they are separated by a road, the Board probably needs to think about whether this would be something that he can sell separate from his lot where he has his home. I don’t know what something like this would be used for, it can’t be a business. It about has to be hooked together with your home and that’s why I’m bringing that up. I’m presume that you have these together so that they work together with your home and have your business right there, the semi trailer right?

Phillip Cox stated, it’s just to put my semi in, in the wintertime to get it out of the weather.

Attorney Altman asked, so you have not objection to tying this together with your lot where your home is?

Phillip Cox asked, you mean make it…

Director Weaver stated, where you can’t sell one without the other.

Phillip Cox stated, yes, that would be fine.

Attorney Altman stated, okay, good.

President Thompson stated, I think that you will find that there is a new trend, I talked to a fellow the other day, and there are more and more people that are making living quarters in a building of this size.

Director Weaver stated, he is very right.

David Scott asked, he would have to get a permit or something…

Director Weaver stated, he would have to have a permit to convert it yes. Then they would have to hook up to sewage when it comes, I don’t know that they can get a septic system in there.

Attorney Altman stated, not on that lot, I don’t think.

Director Weaver stated, I don’t see how.

Attorney Altman stated, with it covered like that.

Director Weaver stated, then again, it could be joined with the parcel next to it at some point if you wanted too.

David Scott asked, is this in a mobile home park?

Phillip Cox stated, no, there are houses and mobile homes both in the area.

Director Weaver stated, Dave, it’s right up by Buffalo, it’s North of Buffalo on the river.

President Thompson asked, is there anything else?

Carol Stradling asked, the other FBI building that is up there is it, it’s not nearly as big, or is it?

Director Weaver asked, are you talking about the one on down from, past your property?

Phillip Cox stated, yes, on the same side of the road and it’s taller than 15’ too.

Director Weaver stated, I don’t think that they had to have a setback variance to put that one in there but, it is a pretty good size. It’s been a while since I have been up there but, I have seen the building that he is talking about, it is a good-sized building, it is on a lot by itself.

Carol Stradling asked, does it look really out of place?

Director Weaver stated, I don’t believe that it does.

Gary Barbour asked, is it a 40’ x 60’ building now?

Director Weaver stated, that I cannot tell you.

Phillip Cox stated, I believe that the one up there is 38’ x 50’ I believe…

Director Weaver stated, it’s a pretty good size…

Phillip Cox stated, yes, it’s just a little bit smaller than what mine is.

Gary Barbour asked, how many garage doors does it have in there?

Phillip Cox stated, just one big one, they just use it to store just cars and stuff, so they don’t have to get around.

President Thompson asked, anyone else? If there is nothing else, does the Board wish to vote?

Carol Stradling asked, can I ask one more question?

President Thompson stated, yes.

Carol Stradling asked, have you thought about putting one big one, one big garage door and then a smaller one and then you wouldn’t need that much room in the middle for suppose or whatever, that way you wouldn’t need the 3’. Do you see what I’m getting at?

Phillip Cox stated, yes, I do but, I just, I have setbacks on my house now it would be the same thing. It’s 40’ wide, the house is so, I just figured that I would get 40’ on the garage also to build on and 40’ is easier to build than 38’, it comes out more square 40’ x 60’ instead of 38’ x 60’.

Director Weaver stated, they build them at 8’ intervals, am I right?

Phillip Cox stated, yes.

President Thompson asked, is there any other discussion? If not, let's 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 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’ Northeast side setback and a 1’ northwest side setback and an 8’ height variance to build a detached garage on Lot numbered fifty-eight (58) in Maple Bend Subdivision number two (2) in White County, Indiana.

COMMON DESCRIPTION: The property is located in Liberty Township on the Northwest side of Maple Bend 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 4 affirmative and 1 negative.

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

****

#2038 Donald B. Kleinkort; Requesting a 5’ North side setback variance to build an addition onto the existing home on .63 of an acre. The property is located in Union Township at 5371 Cherokee Court.

President Thompson asked, and you are?

Donald Kleinkort stated, Donald Kleinkort.

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

Donald Kleinkort stated, no, everything should be in order there.

Director Weaver stated, I would like to let the Board know that we did get a call from Linda Harner on this request, she is an adjoining property owner and I have noted on here that she is just wanting information as to what the request was for.

President Thompson asked, who is that?

Director Weaver asked, Linda Harner?

President Thompson asked, yes.

Director Weaver stated, I believe that she owns the field behind this.

President Thompson stated, that’s what I’m trying to get into relation to, where we’re at.

Director Weaver stated, I think that she’s over here.

President Thompson asked, oh, okay, I see what you’re saying. Anyone here opposed or would like to speak in favor, either or for this variance? Attorney Altman do you have anything?

Attorney Altman asked, the additions, are they single story?

Donald Kleinkort stated, yes sir.

Attorney Altman asked, they will be similarly sided to the present home?

Donald Kleinkort stated, we are going to re-side the entire house so that it looks like it’s all one unit and was there from the start.

Attorney Altman asked, and what kind of siding will it be?

Donald Kleinkort stated, vinyl.

Attorney Altman asked, vinyl, okay. They had a health permit to allow the addition?

Director Weaver stated, I cannot tell you that at this point.

Attorney Altman asked, do you have the Health Departments permit to allow the additions?

Donald Kleinkort stated, what we have decided to do there was no, we did not do that we’re in the Snow Ditch system there and the sewer system should be completed before we have this addition added on to.

Attorney Altman stated, so what you’re saying is, is you’re going to hook on to the sewer system and not have to have…

Donald Kleinkort stated, yes, we’re not opposed to you putting a restriction but, this wouldn’t be usable until that happens too…

Attorney Altman stated, or have the septic system upgraded…

Donald Kleinkort stated, sure…

Attorney Altman stated, but, who wants to waste money on a septic system when you are going to have sewer…

Donald Kleinkort stated, that’s what we were thinking.

Attorney Altman stated, I think that would be a legitimate condition that we put in this variance that it not be occupied until they hook up to the sewer system as the applicant has indicated.

President Thompson asked, any questions or comments from the Board? If not does someone want to put that in the form of a motion concerning the sewer?

Carol Stradling stated, I move that we make approval of this variance contingent, I move that we make approval of this variance and occupancy of the building contingent upon the Snow Ditch sewer system being in place.

Donald Kleinkort stated, I wondered if you could add something to that as what, let's say that something was wrong with this Snow Ditch project and they are delayed two years that possibly, maybe at our request if we get the building done maybe we could do the septic inspection if this Snow Ditch thing is going to be two years away, something along that line.

President Thompson stated, yes, that’s a good idea…

Donald Kleinkort stated, it probably won’t work that way because, I have a very slow builder but, we have a very slow Snow Ditch too.

President Thompson asked, how should we word that, he has a legitimate concern there, if it does get delayed?

Director Weaver stated, that if he hooked to sewer…

Attorney Altman stated, you could add or…

Donald Kleinkort stated, one or the other has to be met…

Attorney Altman stated, or they upgrade their septic system…

Director Weaver stated, septic approval…

Attorney Altman stated, with Health Department approval.

Carol Stradling stated, help me understand here how a septic system works, I know the more that you use it the bigger that it has to be but, if they are not increasing the number of people there…

Director Weaver stated, bedrooms, it’s based on the amount bedrooms in a home.

Attorney Altman stated, and they are increasing that…

Director Weaver stated, if they add bedrooms, they have to add, they have to have adequate septic.

Carol Stradling stated, and I understand how that policy needs to be in place but, the way that the septic, if we don’t look at the regulations the way a septic would work is you can have 10 bedrooms but, if you still have 2 people there, the septic system will not get any more use because of bigger bedrooms…

Attorney Altman stated, that’s right.

Carol Stradling asked, is that a true statement?

Attorney Altman stated, yes, that’s right.

Carol Stradling stated, the need for bigger septic is based on the number of people that occupy a house…

Director Weaver stated, no, they base the size of the septic system on how many bedrooms are in that home…

Carol Stradling stated, because in general you, if you have more bedrooms you would have more people there…

Director Weaver stated, that’s right.

Carol Stradling stated, but, I guess that I’m saying is, if you don’t go by the regulations when a septic is used, if it’s used, by two people, no matter how many bedrooms there are, it’s still going to get the same use.

Attorney Altman stated, that’s true.

Director Weaver stated, I agree with that but, they won’t be able to get septic approval if they don’t have adequate size for the number of bedrooms.

President Thompson asked, back to the condition, need your help again on this Attorney Altman…

Carol Stradling stated, what you’re telling me is, you can’t do that.

Attorney Altman stated, it’s an either or thing, they either have to hook up to the sewer or they have to upgrade their septic system.

Donald Kleinkort stated, well, that’s not the correct wording either because, that septic system may be okay the way that it is, it has to pass the inspection…

Director Weaver stated, they will have to have a septic approval.

Donald Kleinkort stated, yes, there’s the word.

Director Weaver stated, what we do in a situation like that, we send them to the Health Department and at least require a letter from the Health Department saying that it is an adequate for the number of bedrooms. We require something in writing from the Health Department know, so we know that they did go down their.

President Thompson asked, before they occupy it, or if they want to occupy it?

Director Weaver stated, normally, we require it before the permit is issued.

President Thompson asked, that’s simpler isn’t it?

Director Weaver stated, yes, but, this is a new situation with these sewers going in.

President Thompson asked, is that all right with you?

Donald Kleinkort stated, that sounds real good.

President Thompson stated, so Carol…

Carol Stradling stated, I move that we make an approval of this variance contingent upon either Snow Ditch being installed or passing the inspection of the septic system before the residence, the new construction is occupied.

President Thompson asked, is that acceptable.

Attorney Altman stated, yes.

President Thompson stated, it’s been moved, do I hear a second to that motion?

David Scott seconded the motion.

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

The Board stated, I.

President Thompson asked, all opposed the same, motion carried. Is there any other discussion before we vote?

Vice President Saylor stated, I just want to point out that the proposed addition on the North side will be 3’ from the property line and that does set something of a precedence for us that if that were to be requested by the neighbor to the North you could end up having 6’ between the buildings.

President Thompson stated, we shall vote.

Attorney Altman stated, Jeff, on your condition about the 3’, when you’re talking about the 3’, I think that if we ever really got to the point that we had someone doing that then we would just require both people to put in firewalls. You know a wall that is fireproof and these folks would have to do it and the neighbor would have to do it and that would give them the protection. Just something to think about if it would ever happen in the future.

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 5’ North side setback variance to build an addition onto the existing home on A tract of land located in the Northeast Quarter (NE ¼) of the Northwest Quarter (NW ¼) of Section Twenty-one (21), Township Twenty-six (26) North, Range Three (3) West in Union Township, White County, Indiana, containing .63 of an acre, more or less.

COMMON DESCRIPTION: The property is located in Union Township at 5371 Cherokee 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 your building permit before you proceed.

****

#2039 Jimmy R. & Beverly J. Cullum; Requesting a 5’ side setback variance to build a detached garage on lot #5 in Springboro Subdivision. The property is located in Prairie Township at 8826 S. Springboro Road.

President Thompson asked, is there anyone here representing this request?

Jimmy Cullum was present to represent this request.

President Thompson asked, do you have anything to add to the description or what has been presented?

Jimmy Cullum stated, the only thing that I would like to say is you should have a letter in there from my neighbor, he said that he didn’t care if I built right on our property line. We are just wanting to clean up between our properties so we have a solid driveway that runs back between both of our houses, the front of it is done. He has an FBI steel sided building there and I don’t want to go out any further in my yard and I want a good sized garage that I don’t have to build a 24’ x 24’ on.

President Thompson asked, do you have that Director Weaver?

Director Weaver stated, yes, there is one.

Attorney Altman read out loud to the Board and the audience members the letter, from Darrell & Jane Murray.

Director Weaver stated, I want to let the Board know that I talked to our building inspector this morning on this. He has put a note on here for me that says that it is too close to the neighbors garage buildings closer than 6’ require 1-hour firewall on each building. It was his feeling that it should be the Cullum’s expense to put the firewall on the neighbors building…

Jimmy Cullum stated, I will put a 1-½ inch firewall on my garage close to him.

Director Weaver stated, it would have to be both according to him…

Jimmy Cullum stated, it’s a steel sided building.

Director Weaver stated, I understand, I’m just telling you what the building inspector has told me and he will be out to inspect the property if this is passed.

Jimmy Cullum stated, I don’t understand…

Director Weaver stated, there cannot be any windows or doors on your wall there…

Jimmy Cullum stated, yes.

Director Weaver stated, or the neighbors either one…

Jimmy Cullum asked, what would you have to do the whole wall or just the part of the garage that it’s close to?

Director Weaver stated, I cannot clarify that.

Attorney Altman stated, I guess that I would suggest to the Board that we require that, that setbacks would be what Director Weaver, if it were not varied?

Director Weaver stated, 6’.

Attorney Altman stated, 6’.

Director Weaver stated, they would have to be 6’ from the foundation or 5’ from the eave.

Attorney Altman asked, I guess that I would suggest that the minimum that the fire wall would be any place on either garage that is closer to 6’ from the other firewall so maybe you wouldn’t have to go the whole length but, you would have to cover everything that is closer than 6’ to the other garage. Do you understand what I mean?

Jimmy Cullum asked, so I could only do, I would only have to do 8’ of his garage and do, well I will do my whole wall…

Attorney Altman stated, yes…

Jimmy Cullum stated, because his garage caught on fire about 5 or 6 years ago and burnt the back of my house and my house burnt down in 1990, I know all about these fires.

Attorney Altman asked, that’s a good reason to do this isn’t it?

Jimmy Cullum stated, yes.

Attorney Altman stated, so that would be, you have no trouble about having that…

Jimmy Cullum stated, no, sheet rock is not that expensive and I can put it in myself so, even if I can get a hold of the building inspector and he explained to me what I need to do…

Attorney Altman stated, okay, that sounds good…

Jimmy Cullum stated, that’s no big deal at all.

Carol Stradling stated, it appears that it’s going to be a little bit more than 8’ though…

Attorney Altman stated, yes, it would be a little more…

Carol Stradling stated, because, roughly ½ of your 26’ length…

Attorney Altman stated, he has to put all of his in…

President Thompson stated, yes.

Carol Stradling stated, right but, the neighbors garage is close to ½ of the 26’ and that’s roughly 13’ and if you want to go 6’, what did you say…

Attorney Altman stated, it would be about 19’…

Carol Stradling stated, beyond that…

Attorney Altman stated, it would be about 19’…

Jimmy Cullum stated, no problem, sheet rock is only 7 dollars a sheet.

Attorney Altman stated, good enough, it sounds like we have an agreement.

President Thompson asked, is there anything else Director Weaver?

Director Weaver stated, no.

President Thompson asked, anyone here opposed to the variance or in favor either or?

Carol Stradling stated, I move that we approve this contingent upon the neighbor agreeing to allowing Mr. Cullum to extend a firewall on the neighbors garage as well as the entire wall on Mr. Cullums garage and that firewall and the neighbors garage would extend, does it need to be 6’ or 8’…

Attorney Altman stated, 6’…

Carol Stradling stated, 6’ beyond the edge of…

Jeff Saylor asked, that’s what was required by the…

President Thompson stated, inspector…

Carol Stradling stated, that’s better.

Jimmy Cullum stated, I would come 16’ off of this corner of his garage, I will just fit it in 8’ sheets. So, I can come 16’ and just even it out you know, it’s not going to be that much more expensive to me.

Carol Stradling stated, it needs to be at least 6’ beyond the edge of you garage.

Jimmy Cullum stated, 16’ will be, his garage is only 24’ long.

Carol Stradling stated, according to the survey his garage is longer than yours is and your survey is showing me that your garage is going to be 26’ long.

Jimmy Cullum stated, 26’ x 30’ right?

President Thompson stated, right.

Attorney Altman stated, his certainly shows it being longer than that on the survey does.

Jimmy Cullum stated, I didn’t measure it but, I’m sure that it’s only a 24’ x 26’. That might be right I don’t know if they, if the surveyor measured it when he come down to survey or not.

Attorney Altman stated, well, whatever it is you have to cover it.

Jimmy Cullum stated, I can call, will you give me the number to the building…

Attorney Altman stated, you bet…

President Thompson stated, oh, yes.

Jimmy Cullum stated, you give me a number and I will call him and I will find out how much sheet rock and stuff that I need to put on and that’s no big deal.

President Thompson stated, all right, we have a motion.

Gary Barbour seconded the motion.

President Thompson stated, it’s been moved and seconded, all in favor signify by saying I. All opposed the same. Motion carried. Is there any other discussion? Let's vote.

Jimmy Cullum stated, yes, I thought about that originally right from the start with both of us having fire problems out there before so, I knew that my garage was going to have 1 ½ inches fire wall in it, it didn’t make any difference.

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 5’ side setback variance to build a detached garage on lot Number Five (5) in Springboro Subdivision, Prairie Township, White County, Indiana.

COMMON DESCRIPTION: The property is located in Prairie Township at 8826 S. Springboro Road.

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, subject to the appropriate fire walls being installed on both garages his and the neighbors.

President Thompson stated, you call the Area Plan Office and she will work with you on a building permit.

Director Weaver stated, I have already given him the inspector’s name and phone number.

****

#2040 Ralph E. & Sondra K. Bragg; Requesting a 20’ front setback from First Street to build a detached garage and a 20’ front setback from First Street and a 23’ front setback from Hanawalt Street to bring the existing home into compliance with the White County Zoning Ordinance on lot #6 in Citizen’s Addition. The property is located in the City of Monticello at 501 W. Hanawalt Street.

President Thompson asked, is there anyone here representing this variance? I guess not. Did you give them warning that they may…?

Director Weaver stated, actually, Angie talked to them today and they new that they were suppose to be here.

Jeff Saylor asked, are we going to table this then?

Attorney Altman stated, yes.

President Thompson stated, yes, we will table variance #2040 until the September 20th meeting.

****

#2041 Ed Wall; 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 place in White County. The mobile home has already been placed on a piece of property, which is located in Prairie Township off of Dollar Court along the creek and East of County Road 100 E.

President Thompson asked, is there anyone here… yes, come forward please.

Attorney Altman stated, before I do that, I will pass around a set of pictures to the Board of the home, the mobile home in question.

President Thompson stated, we have, I’m looking for a survey…

Director Weaver stated, no…

President Thompson stated, it’s not required on this, we’re just wanting it to be brought into White County.

Director Weaver stated, this variance is for the, Special Exception is for the age of the home…

President Thompson stated, okay, I’m sorry.

Director Weaver stated, we do not have a copy of the title because, as far as I’m aware, there is no title for this mobile home.

President Thompson asked, so Mr. Wall, do you have anything to present to us tonight?

Ed Wall stated, no, I just want to let the Board know this is just a temporary until I get a house built right there, this is what I’m living in. It’s not going to be a permanent fixture there on that 9 acres.

President Thompson asked, we have a report here from Mr. Braaksma, I think that the Board members have it. Any response from anyone?

Director Weaver stated, no, I have not received anything but, here again, we have a mobile home that has as we discussed earlier this mobile home has been brought on to this property prior to going through the inspection process. This home is being lived in at this time.

President Thompson asked, it’s being lived in now?

Director Weaver stated, yes.

President Thompson asked, and it’s in White County?

Director Weaver stated, yes.

Attorney Altman asked, the pictures show, fully occupied. How long has it been occupied?

Ed Wall stated, I moved in it about March.

Attorney Altman asked, of this year?

Ed Wall stated, yes, sir.

President Thompson asked, did you just get wind that you needed a permit for this?

Ed Wall stated, Patsy Schmierer called me and said we seen a mobile home down there, you need to file for a permit.

President Thompson stated, Township Assessor.

Director Weaver asked, when did she call you?

Ed Wall stated, just when I started filing that paperwork with you guys and about a month later I came up here.

Director Weaver asked, because I was thinking that the first contact that we had with you was, in like February, is that right?

Ed Wall stated, yes, it was still wintertime.

President Thompson asked, is there anyone here opposed or for the variance this evening. Pictures are being passed around. Are there any questions from the Board?

Carol Stradling stated, I’m a little confused, Director Weaver, you said that you had contact with this gentlemen in February?

Director Weaver stated, I believe, I know in February that we had pictures of it and we were in the process of pursuing getting a letter to him when I was contacted by Ron Schmierer and was informed that Patsy had talked to him and I may be off, maybe it was March I know that it was still cold…

Ed Wall stated, and at that time we had to get the 18 acres split in half because, you can’t have two, I mean the other guy that is on the other 9 acres it was all 1, 18 acres and one of the Ordinances you can’t have 2 houses on one parcel.

Director Weaver stated, that’s right.

Ed Wall stated, so we’re in the process with whoever your county surveyor is, Milligan…

Director Weaver stated, yes.

Ed Wall stated, he was in the process of splitting that in half…

Director Weaver stated, and we do have a copy of that survey now in the file. They had to divide the property in order to think about getting a permit on this as well.

Carol Stradling asked, so is there another mobile home on the other piece of the property?

Ed Wall stated, no, it’s a house that’s on the other 9 acres.

Carol Stradling asked, and it was there before your mobile?

Director Weaver stated, that’s right, it was in the process…

Ed Wall stated, it’s under construction yes, their not moving in it yet. We still have probably another months worth of work left.

Carol Stradling stated, I was trying to get the sequence here and so the reason that you didn’t come in for a permit for the trailer in March is because…

Ed Wall stated, because, I was filing for a permit to build a house not a mobile home. I just needed somewhere to live because my ex-wife got the house and I had nowhere to go. So this gave me a place to live, while I was filing for the permit to actually build a house. I don’t want the Board to think that this mobile home is going to stay there.

Carol Stradling asked, I guess that the question out of, you’re building a house is not the issue here, the issue is to me anyway, when did you know that it was appropriate to come ask for a permit for the mobile home? It sounds like February or March and it’s August now.

Ed Wall stated, well, because I was filing for a permit to build a house I wasn’t going to go get a permit for the mobile home.

Carol Stradling stated, but, in March, Patsy Schmierer indicated to you that you needed a permit for the mobile home.

Ed Wall stated, that I needed to go down and file for a permit even though it was temporary because, I couldn’t file for a permit to get a house to get a permit to build a house because the survey, the land wasn’t all split up yet. I had to have all of that taken care of before I could file for a permit, a soil sample…

Carol Stradling asked, for the trailer?

Ed Wall stated, no, for the house.

Carol Stradling stated, I’m not talking about the house I guess what I want to clarify with you is that you were told in March that you needed to get a permit for the trailer…

Ed Wall stated, a temporary permit, yes…

Carol Stradling stated, and it’s now August…

Ed Wall stated, right.

Carol Stradling stated, okay.

President Thompson asked, Jeff…

Jeff Saylor stated, I think that what I’m hearing from him is he wasn’t able to get a permit for the trailer since there was already one, an existing dwelling on the property already which was…

Ed Wall stated, 18 acres.

Carol Stradling stated, but, it’s not built yet.

Ed Wall stated, yes, it is.

President Thompson stated, the other fellows house is built is what you’re saying.

Ed Wall stated, right, yes, sir.

Attorney Altman stated, but this permit that we require has nothing to do with any

President Thompson stated, homes…

Attorney Altman stated, homes…

Carol Stradling stated, it doesn’t place it, it just says to bring it in…

Attorney Altman stated, bring it in to White County so you don’t need a survey of any sort, location of any sort for this.

Carol Stradling stated, to take care of the trailer.

Attorney Altman stated, he probably did for his house and all of that but, like you said that has nothing to do with what we’re looking at tonight. Technically, own nothing in the way of real estate and still get permission for the home…

Carol Stradling stated, to put the trailer in…

Attorney Altman stated, yes.

President Thompson asked, you’ve been living in this trailer since…

Ed Wall stated, I have been living in it since March. I got the well, when the weather started breaking and I was able to drill the well that’s when I moved in it.

Carol Stradling asked, so are there any Ordinances or legal ramification of the building being temporary? I know that this is going to come up next month also, just because it’s temporary it still has to go through the process…

Attorney Altman stated, that’s right.

Carol Stradling stated, it doesn’t matter if it’s going to be there for 3 years or 3 weeks, it needs to go through the process.

Attorney Altman stated, that’s right, exactly. There will be limits on how long a temporary can be there but, a temporary still has to go through the same process, yes.

Carol Stradling asked, does any of the correspondence between Patsy Schmierer and Mr. Wall in writing?

Director Weaver stated, it was just, no…

Carol Stradling stated, phone conversations?

Director Weaver stated, I cannot tell you that.

Ed Wall stated, I rent a warehouse from them, when I went to pay my rent she told me about it. I rent my warehouse where I keep all of my equipment at 8th and Brackney in Brookston.

President Thompson asked, but, you received nothing in writing from her?

Ed Wall stated, no, I just, when I went to pay the rent she said hey Ed, you have to go up there and file some papers so, we did.

Director Weaver stated, I have the file here now, I will give you a little bit of background. April the 27th we mailed a letter to Timothy Lyman, which is the original owner of the property. On May 4th we mailed a letter to Ed Wall…

Carol Stradling asked, and that letter stated…

Director Weaver stated, that letter stated that it was a courtesy letter to let him know that it has been brought to our attention that he had placed a mobile home on Tim Lymans property located at 1256 E. Dollar Court in Brookston. A mobile home requires an improvement location permit, you will find a handout of what we need from you to obtain this permit. I am giving you 10 days from the date of this letter to contact my office about this matter if you do not correct this problem you can be subject to a fine up to 500 dollars a day until this matter is resolved.

Carol Stradling asked, and he responded…

Director Weaver stated, I don’t have any notes when he responded I have on May 10th Bob Braaksma contacted us and told us that he had done an inspection. June the 26th we mailed a letter to Ed Wall informing him that we had received his inspection in the office and that he needed to come in and file the variance and we gave him 10 days to get that done.

Attorney Altman stated, that was filed July the 25th.

Carol Stradling asked, the letter?

Attorney Altman stated, no, the…

Director Weaver stated, the application…

Attorney Altman stated, the application.

Carol Stradling asked, so from June 10th to July 25th, that’s 25 days, instead of 10.

Ed Wall stated, but, I had called this office and let them know that we had filed with the surveyor…

Director Weaver stated, he had contacted us, I have no notes on that, he had contacted us on and off, yes, I will agree with that.

Ed Wall stated, and the surveyor said that he would get to it as soon as he could, he was busy so…

Attorney Altman stated, we don’t need a survey…

Director Weaver stated, okay but, the survey…

Ed Wall stated, but, he had to split it in half at that time…

Carol Stradling stated, not to get a permit to have this trailer in White County.

Ed Wall stated, okay, I see what you’re saying. That’s what we were doing, getting the inspection done through Bob Braaksma, getting it all set up and getting the survey done and then bringing in all of the paperwork in here to get the permit.

David Scott asked, Director Weaver, do you think that Mr. Wall acted in a timely manner?

Director Weaver stated, no I don’t. Not when we had to send out 3 letters.

President Thompson asked, so you’re basing your argument, if I’m understanding you right, that you’re pretty well basing your argument on the fact of getting the property separated before you took more action?

Ed Wall stated, this property needed to be split up, it’s in someone else’s name. I went through a divorce my ex-wife got all of my other property I had nowhere to go. Ted Nichols died in the process of where I was living on a piece of property on his place. When Ted Nichols died, I had to move out of that piece of property, nowhere to go, nothing to do. So this mobile home, what I moved into in the process of getting all of this filed so, that I could file for a building permit to build a house.

President Thompson asked, okay, I understand. What are your thoughts?

Carol Stradling asked, and how did you finally end up here tonight?

Ed Wall stated, by going through all of this paperwork and working with Area Plan.

Carol Stradling asked, so we sent out a letter June the 10th?

Ed Wall stated, I don’t have a mailbox because, I don’t have a legal address, and I was told that I could not get an address on a piece of property that I have to use a post office box. Brookston’s Post Office, with me being a contractor, I’m out of town 2 to 3 weeks at a time. I never check my mail every day or every Friday. There are 2 and 3 weeks that go by before I even check my mail. When they sent things to Mr. Lyman, he would contact me, that’s how I would know that there was something in the mailbox and then I would have to go check my mail once I got back into town. So the lay of the game had a lot to do with my job and what I was doing.

Attorney Altman asked, what kind of contractor are you?

Ed Wall stated, I’m building apartment buildings, underground sewers, water…

Attorney Altman asked, are you self…

Ed Wall stated, yes, I’m self-employed.

President Thompson asked, Board, what is your thoughts, discussion, comment…

Attorney Altman stated, make a motion.

President Thompson stated, yes. Gary, Dave…

Carol Stradling asked, can I look at the letter that you sent Director Weaver?

President Thompson asked, Jeff, what are your thoughts?

Carol Stradling asked, so the letter is June the 26th, when did he come in?

Attorney Altman stated, the petition was signed, July the 25th.

There was discussion among the Board members.

President Thompson stated, throw out an idea, so we can kick it around here a little bit, someone take a shot.

Carol Stradling stated, my standing at this point is that you’re a professional contractor, the building permits were not issued, the appropriate permits were not applied for and yet the mobile home placed, it appears that there were several instances of communication with you saying that you need to get the appropriate permits. There were several delays, I understand your situation but, then again, you are in a position as a professional. I guess that I would feel that we need to impose a fine, just what that fine would be…

Attorney Altman stated, the only thing that I can say, suggest, make a proposal and see where it goes as to a fine.

David Scott stated, I don’t know about the fine part but, I don’t have any problem with allowing him with leaving the mobile home there temporarily and giving him the permit to do that. I mean it’s temporary and I don’t have a problem with that. Now the other part of it where he was delinquent and in my opinion, I would say that is open for discussion. I don’t know about you but, sitting here personally if I was in his position, I don’t see anything wrong with his trailer being there temporarily.

President Thompson stated, I think that will pretty much…

Jeff Saylor asked, then what happens to the trailer after the house is built?

Ed Wall stated, I will fold it up and put it in a dumpster just like I did the one that was on Ted Nichols’ property. As a demolition contractor it’s a cakewalk for me. It will cost me about 250 dollars.

President Thompson stated, someone throw out a number here because, I think that its…

Ed Wall stated, I don’t have a title, I can’t sell the trailer, it’s just something to be in until I get on my feet.

Carol Stradling stated, I move that we set a fine of 200 dollars.

President Thompson asked, discussion? Is there a second to that motion?

Gary Barbour seconded the motion.

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

The Board stated, I.

President Thompson asked, all opposed the same?

President Thompson stated, I.

President Thompson stated, motion carried. So back to the variance…

Attorney Altman stated, special exception.

President Thompson asked, special exception, is there any other discussion on the mobile home itself? If not, are we ready to vote on that matter?

Gary Barbour asked, as a special exception, is that so that he can get a temporary permit to have the mobile home there?

Director Weaver stated, yes.

Attorney Altman stated, yes.

Gary Barbour stated, okay.

Director Weaver stated, he would still have to go through and get the septic approval and do everything just like any other permit.

Ed Wall stated, which, I have done all of that already, I have everything approved.

Attorney Altman stated, very good.

Director Weaver stated, although, you need to check with the Health Department and make sure that you’re septic permit is still good.

Ed Wall stated, okay.

Director Weaver stated, because it’s dated, early in 2000…

Ed Wall stated, the reason that it’s dated like that is, I put both septics in at the same time.

Director Weaver stated, and it may be fine, I don’t know so you need to check that and make sure.

Ed Wall stated, I will.

With no further discussion the Board voted.

The Board finds the following:

1. That the report from the inspection was provided and covers all required areas, see

file for exhibit.

2. That no objectors were present at the meeting.

3. That proper notice was given by newspaper advertisement.

4. That the request is for a special exception to allow an outdated Mobile Home to be brought into White County as required by Section 12.00 of the White County Zoning Ordinance.

5. That the special exception herein authorized and granted is 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 improvement, and the Board additionally finds that the above said special exception is based on the findings of fact so made that are required to be made under the provisions of Section 10.20 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorizes the above said special exception under the above said section of zoning ordinance.

The special exception 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 fine and get a building permit also.

Ed Wall asked, where do I pay this fine?

Director Weaver stated, in my office.

****

#2042 Lyle C. & Dianna L. Tribbett; Requesting a 14’ rear setback to build an addition onto the existing home and a 2’ front setback variance to enclose an existing porch on .36 of an acre. The property is located in the Town of Monon at 400 W. Park Road.

President Thompson asked, is there anyone here representing the Tribbetts?

Dianna Tribbett was present to represent this request.

President Thompson asked, do you have anything additional to present to us tonight ma’am?

Dianna Tribbett stated, not that I can think of.

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

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

President Thompson asked, either or right?

Director Weaver stated, right.

President Thompson asked, anyone here opposed to the variance this evening or to speak in favor of? Board, any questions?

Attorney Altman asked, single story addition?

Dianna Tribbett stated, yes.

Attorney Altman asked, match into the home?

Dianna Tribbett stated, yes.

Attorney Altman asked, similar in nature?

Dianna Tribbett stated, obviously.

Attorney Altman asked, newer but, similar.

Dianna Tribbett stated, hopefully.

Attorney Altman stated, obviously, on municipal sewer and septic, water and septic, I’m sorry.

President Thompson asked, if there is nothing else, is there anything from the Board, discussion?

Director Weaver asked, the railroad owns the property right behind you, correct?

Dianna Tribbett stated, correct.

Director Weaver stated, the picture that the Board has the railroad doesn’t look very close to their home but, they do own the property between the tracks and their property.

President Thompson asked, is there anything else?

Carol Stradling asked, do you know about how much that right-of-way is?

Director Weaver stated, I can’t tell you that, I don’t have any idea.

President Thompson asked, if there is nothing, are we 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 R-2, One and Two Family Residential.

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 14’ rear setback to build an addition onto the existing home and a 2’ front setback variance to enclose an existing porch on a tract of land located in the Southeast Quarter of the Northwest Quarter of Section 21, Township 28 North, Range 4 West in the Town of Monon, White County, Indiana, being described more fully as follows:

Beginning at a point on the Quarter Section Line which is North 90º West 135 feet from the Southeast corner of the Southeast Quarter of the Northwest Quarter of the above said Section 21 and running thence North 90º West along the Quarter Section Line 100 feet; thence North 1º40’ West 173.04 feet to an iron stake on the South right-of-way line of the Monon Railroad; thence along said right-of-way line South 64º15’ East 46.2 feet to an iron stake and North 90 º East 59 feet to an iron stake; thence South 1º40’ East 153 feet to the point of beginning containing .36 of an acre, more or less.

COMMON DESCRIPTION: The property is located in the Town of Monon at 400 W. Park Road.

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

The variance was granted based on the findings of fact by a vote of 5 affirmative and 0 negative.

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

****

#2049 Robert A. Beishuizen; Requesting a 4’ North side setback and a 2’ rear setback to build a new detached garage and a 4’ North and South side setback and a 4’ front setback to bring the existing unroofed deck into compliance with the White County Zoning Ordinance on lot #1 in Chambers Subdivision. The property is located in Liberty Township at 6902 Chamber Court.

Robert Beishuizen stated, with me this evening is my wife, Donna Beishuizen.

President Thompson asked, do you have more to add?

Robert Beishuizen stated, well, my initial request dealt simply with a variance for the deck. However, after having discussions with the Building Inspector, I believe the gentlemen’s name is Anderson, the County Inspector, he suggested that if I had any plans, possible plans for future improvements down the road that I include them on this variance request to save time, effort and money. Late last week however, I was made aware that there were some concerns from my immediate neighbors related to the request for variance on the garage. Since I have no immediate plans to construct a garage and out of respect for my neighbors, I’m wondering if the Board could table that portion of this request and simply act on my request for a variance for the deck. Which I have already received both verbal and written permission from my neighbors on it.

President Thompson asked, do you have anything from anyone?

Director Weaver stated, yes, first I have to ask, I have two letters addressed to Mr. Dave Anderson that we found in the file this morning and I believe that these are letters that was submitted when you submitted your information for your building permit.

Robert Beishuizen stated, correct.

Director Weaver stated, I will read these two letters to you, these are actually were in the file with his information for his building permit is what these were. One is dated July 3, 2001 by Rodney Richardson, this letter was read out loud to the Board and the audience members. The second letter is dated July 5, 2001 by Patricia G. Patterson, this letter was read out loud to the Board members and the audience members. Then I have a third letter here that was received today by fax dated August 16, 2001 by Trena James, Trustee of the Helen Richardson Trust, the letter was read out loud to the Board members and the audience members.

President Thompson asked, so those, while we have the map here, would then be lot #2 or #1, who is who here?

Director Weaver stated, Richardsons, I believe are to the South so, they would be on lot #2.

President Thompson asked, and they were in favor, not?

Director Weaver stated, that’s why I read all of these, because one letter says that they are against it and one says that they are for it. That’s why I read it all.

President Thompson asked, what is the most recent date?

Director Weaver stated, the most recent is the one that I just read, the last one that I read it says that they view is now blocked and they have concerns and also with the garage.

President Thompson asked, who is lot #1?

Director Weaver stated, lot #1 is Patterson and the only thing that I have from Patterson says that they did give permission for them to remove the fence and replace it with a deck and a handrail.

Dan Patterson stated, Patricia is my wife. We gave Mr. Beishuizen permission the build the deck as he built it to take, move our fence and build it right on the property line, we had no problem with the deck. The only thing that we had a problem with was the enlargement of the garage and moving it to within 2’ of our property line on the backside of our house which would be the East side and then extending the length so far that it’s going to, truthfully it’s going to make us feel like we’re in a tunnel. That we didn’t want to happen, the deck we have no qualms about the deck.

President Thompson stated, and he has since said that you would like to table or do away with…

Attorney Altman stated, withdraw…

President Thompson stated, okay, withdraw was the term, yes thank you, on the garage portion.

Robert Beishuizen stated, Mr. President, there was a death in the Richardson’s family it was Mrs. Richardson who I believe was the property owner. It was my understanding that Rodney Richardson was the executor of the estate. Trena, who you received the fax from, I have had the property for 9 years and I have never met a Trena. I assume that it’s a sister, I know that there are 7 children in the family, I don’t know that I have ever seen her present on the property.

President Thompson asked, is there anyone here for or against the variance this evening?

Larry Wontor stated, I could just give you a little additional information.

President Thompson asked, and your name?

Larry Wontor stated, Larry Wontor.

President Thompson asked, and your relationship to this property is?

Larry Wontor stated, my father owns the property across the way, across the lane…

Director Weaver asked, to the East?

Larry Wontor stated, yes.

President Thompson stated, okay.

Larry Wontor stated, Trena Richardson, or Trena, when her mother died Rodney and Trena became co-executors for the estate. The estate is now being dispensed with it and Rodney’s father-in-law passed away and they are going to have either the viewing tomorrow, the funeral so that’s why they are not here but, Trena is the co-executor to the estate.

President Thompson asked, then back to you, you’re across the street, you have, care to discuss, you are just here more or less just to kind of represent these other people?

Larry Wontor stated, well, we originally had some concerns about the garage since it’s being…

President Thompson stated, okay, I just want to make sure that I understand everyone here.

Attorney Altman asked, has the SFLECC given permission?

Director Weaver stated, I was just going to add to this, I just wanted to clarify to the Board, from my understanding, if you look at your survey, the part that goes out on the property of the SFLECC was existing. It’s nothing new, it’s already there, has been there, it was a boathouse. The deck is the only new part but, they have attached the deck to the existing boathouse. Am I correct in what I stated?

Robert Beishuizen stated, that’s correct, the existing deck was built in 1985.

Director Weaver stated, again, I want to let the Board know that this, our building inspector found this deck. The deck is already built and in place.

Carol Stradling asked, what part of the deck did you recently build?

Robert Beishuizen stated, the portion to the East, there was a cement patio on the North and there was a masonry flower box and a porch to the South, which were demolished. The part that runs from lot line to lot line, the rectangular portion.

Carol Stradling asked, is what you added?

Robert Beishuizen stated, correct and the part the extend out into the lake was the part that was there, that existed.

President Thompson asked, does everyone understand that?

Attorney Altman asked, did he impose a fine for failure to get a building permit?

Director Weaver stated, no, he has not to my knowledge.

President Thompson asked, comments?

Director Weaver stated, I don’t believe that he has started imposing fines, he is giving like a grace period.

Carol Stradling asked, when did you start construction on the deck?

Robert Beishuizen stated, fall, October.

Carol Stradling asked, of last year?

Robert Beishuizen stated, correct, this past fall.

Carol Stradling stated, and these letters that we have are this July.

Robert Beishuizen stated, correct.

Carol Stradling asked, and you spoke with both neighbors last fall before you did it?

Robert Beishuizen stated, correct.

Carol Stradling asked, so these letters are just in writing for us.

Robert Beishuizen stated, Mr. Anderson suggested that I get written permission rather than simply verbal permission and that’s why they accompanied my request.

President Thompson asked, okay, is there discussion from the Board members?

Carol Stradling asked, and you built the deck yourself?

Robert Beishuizen stated, correct.

Carol Stradling asked, and you’re not a contractor?

Robert Beishuizen stated, no I’m not but, Mr. Anderson did inspect the deck and it’s the term he used was overkill. So, using 2 x 12’s instead of 2 x 6’s.

Carol Stradling asked, but, when you built it you did all of the work and you’re not a contractor. I understand that Mr. Anderson has seen it but, originally this was just your project and you didn’t…

Robert Beishuizen stated, that’s correct…

Carol Stradling stated, consult a professional on it.

Robert Beishuizen stated, I have done extensive remodeling and building in other locations, other homes that we’ve owned.

Carol Stradling asked, building and remodeling in White County requires a building permit and I guess that’s what’s an issue here now is that you didn’t get a permit.

Robert Beishuizen stated, correct, and I’m in need of a variance.

President Thompson asked, Jeff…

Robert Beishuizen stated, can I Mr. President…

President Thompson stated, yes…

Robert Beishuizen stated, excuse me ma’am, I don’t remember your name…

Carol Stradling stated, that’s okay…

Robert Beishuizen stated, Donna and I have had this property for 9 years and in a year and a half we plan to move here full time and retire here this is a year around home. It’s a home that we’ve made numerous improvements to, in terms of landscaping etcetera, etcetera. We reside in Oak Forest, Illinois as far as the specific requirements that White County has no, I am not fully aware of those. When I was made aware of those by Mr. Anderson which, I would just like to say acted in a extremely professional manner, I responded immediately.

Director Weaver stated, I do have to agree with that.

President Thompson stated, okay,

Jeff Saylor stated, one thing that I would like to point out is that if the present or future owners would like to build a deck and they weren’t aware of the need for a building permit they could attach it to your deck on both sides.

Attorney Altman stated, we’re zero on both sides.

Jeff Saylor stated, yes, which is what you have done on your property, you have set a precedence for adjoining property here.

Robert Beishuizen stated, well, that precedence had already been set but, we don’t need to get into that. There were fences that extended along both of those property lines all of the way down and approaching the waters edge so basically, the handrail on the fence, pardon me, the handrail on deck replaced the fence that existed both the South and North line.

Director Weaver stated, a fence is allowed to go right on the property line where a deck is not.

Robert Beishuizen stated, okay.

President Thompson asked, so, what is the Board’s wishes here? How do we want to handle this?

Attorney Altman asked, do we have pictures of this?

Jeff Saylor stated, my preference would be to table it until we can hear from the adjoining neighbors because, we’re dealing with something built right on the property line and it’s to the best of my understanding I believe that there is a legitimate reason why the families isn’t here.

President Thompson stated, yes, it definitely is.

Attorney Altman stated, and it isn’t like their, you’re holding up construction, it’s done.

Jeff Saylor stated, in that case I would like to make a motion that we table variance request #2049 until September 20, 2001 meeting.

President Thompson stated, yes, sir.

Robert Beishuizen stated, it was with quite a bit of difficulty and quite a bit of corporation on the part of Area Plan that I was scheduled for this evenings meeting as opposed to the meeting on the 23rd. I’m a High School Principal, Principal of Oak Forest High School, I have responsibilities associated with the High School at least 4 out of 5 evenings. It would be a great hardship at this point, we begin school on Monday for me to be here to represent myself from here on out. I do have written permission from Mr. Richardson and I do have both written and verbal permission from Mr. Patterson. I have expended approximately 12,000 dollars on this deck I probably should have brought pictures to show you it’s a beautiful, beautiful…

Director Weaver stated, they have pictures.

President Thompson stated, yes, we have pictures.

Director Weaver stated, I have been up there.

Robert Beishuizen stated, I would really, if at all possible, like the Board to take action on this, this evening. I have not, until this evening, heard any concern about the deck and as Mr. President has already mentioned out of respect for my neighbors concerns we can either table or set aside the issue of the garage.

President Thompson stated, yes, Dave.

David Scott asked, the deck I noticed looks like it’s right on the property line on the, what would that be the North side of the house?

Robert Beishuizen stated, North and South sir…

David Scott stated, okay…

Robert Beishuizen stated, it’s an extension of the fence that runs down both of those lot lines.

David Scott asked, and the neighbor to the North, he doesn’t…

Robert Beishuizen stated, Mr. Patterson, he didn’t have a problem with it.

Carol Stradling stated, but, the neighbor to the South at this point, is not agreeable to that.

Robert Beishuizen stated, well, I don’t know what significance it has, I mean basically anyone can send a fax.

Attorney Altman stated, we have a motion on the floor.

President Thompson stated, and I think that’s part of where Jeff was coming from so back to the motion, we do have a motion on the floor. Do I hear a second on the motion?

Jeff Saylor stated, I have a question…

President Thompson stated, yes, go ahead.

Jeff Saylor stated, sir, would you be able to make an approvement on your existing, the home that you live now without a building permit, a magnitude of this size?

Robert Beishuizen stated, I live in a town house so, I can’t do anything like that.

Jeff Saylor stated, okay.

President Thompson stated, once again, we do have, we need to act on the motion that’s on the floor.

Jeff Saylor stated, I have the motion.

Carol Stradling stated, I second that, that we table the meeting until this property owner the Richardson’s could have another chance to…

President Thompson stated, it’s been moved and seconded to table variance #2049 until the September meeting. All signify by saying I.

The Board stated, I.

President Thompson stated, all opposed the same.

David Scott stated, I.

President Thompson stated, motion carried.

Carol Stradling stated, you could be here if cannot, you can represent it or someone else can represent it.

Robert Beishuizen asked, what if no one can represent us? Donna works, she had to take off of work to be here and so did I. I mean if no one represents us…

President Thompson asked, just a question here, could the gentlemen, he probably wouldn’t be allowed to represent them would he?

Attorney Altman stated, no.

President Thompson stated, I didn’t think so either, I just wanted to throw that out being he was sitting here.

Attorney Altman asked, when is the September meeting?

Director Weaver stated, September the 20th.

Attorney Altman stated, okay, we will let the Patterson’s know about this…

Director Weaver stated, the Richardson’s…

Attorney Altman stated, Richardson’s, I’m sorry.

Robert Beishuizen asked, where does that leave me Mr. President?

Attorney Altman stated, tabled.

Robert Beishuizen stated, pardon me?

Attorney Altman stated, it’s tabled until September.

President Thompson asked, he has a question, I believe that we didn’t address. What if no one can represent him?

Attorney Altman stated, I suggest that you do like a lot of people do, they secure and attorney to represent them, we do that.

Robert Beishuizen stated, okay.

Attorney Altman stated, or, we do it in October I guess.

Carol Stradling asked, it can be tabled 3 times?

Attorney Altman stated, total of…

President Thompson stated, tabled twice…

Carol Stradling stated, tabled twice…

Attorney Altman stated, tabled twice, yes.

Carol Stradling asked, so, if your unable to make it next month and October wouldn’t work, he would still have another chance in November?

Attorney Altman stated, no.

Carol Stradling asked, no, next time or October?


President Thompson stated, October, yes.


Robert Beishuizen asked, okay, in assuming that the Richardson’s are able to be represented and you have one neighbor saying okay and another neighbor in that family saying not okay, which is basically what we have right now, what would be any different?


Attorney Altman stated, the matter is tabled by vote…


Robert Beishuizen stated, right, no, I understand that.


Attorney Altman stated, we’re beyond that, that’s all that I can say.


Robert Beishuizen stated, okay.

****

President Thompson made motion to adjourn.


Jeff Saylor seconded the motion.


The meeting adjourned.


Respectfully submitted,

Carol Stradling, Secretary

Diann Weaver, Director

White County Area Plan Commission