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The White County Area Plan Commission met Monday, May 8, 2000, at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Gary Barbour, Ray Butz, Charles Anderson, Ron Pollock, Don Ward, Gregory Bossaer and Rick Raderstorf. Also attending were Attorney Altman and Director Diann Weaver.

 

Visitors Attending were: Jeff Ward, Perry Cain, Byron Tiede and Rick Shear.

 

The meeting was called to order by President Charles Anderson and roll call was taken.

 

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#709 Byron & Karen Tiede; Requesting to rezone from I-2 to A-1 on 3.433 Acres. The property is located in Honey Creek Township, just North of Reynolds at 3236 N. 100 W.

 

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

 

Byron Tiede stated, my wife and I own the kennel out there at 3236 N. 100 W.

 

President Anderson asked, do we have anyone in the audience with any questions about this request? Do the Commissioners have any questions about this request? If not let's vote.

 

Attorney Altman stated, go ahead and vote but for the record, actually, this was rezoned this way because the ordinance required that you do that for the zone and for the use that you wanted right Mr. Tiede?

 

Byron Tiede stated, right.

 

Attorney Altman stated, you really didn’t particularly want an I-2 zoning out there, you just wanted to have a kennel. We are voting to have that modified now so that it’s better and more appropriate and better zoning to have it zoned back to A-1, right?

 

Byron Tiede stated, correct.

 

Attorney Altman stated, again, just to make the record.

 

Byron Tiede stated, I don’t know if you have seen it but, here’s pictures of it.

 

Attorney Altman stated, the applicant has circulated 2 photos, Exhibit A, of the area that just shows the area and what he has in the way of improvement, and the use of having a kennel.

 

With no further discussion the Board voted.

 

The results of the vote were as follows: 7 affirmative and 0 negative. This will be presented to County Commissioners for their action.

 

Attorney Altman asked, that’s next Monday morning at 8:30 a.m. right?

 

Director Weaver stated, right.

 

Attorney Altman stated, that’s when the final decision will be made on that. Next Monday morning at 8:30 a.m. I always recommend that everyone be there, it’s interesting. 

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#710 Ronald A. Schmierer, Owner; Perry & JoAnn Cain, Applicant; Requesting to rezone from A-1 to I-1 on 2.00 Acres. The property is located South of Brookston at 145 W. 1150 S.

 

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

 

Jeff Ward was representing the request.

 

President Anderson asked, do we have any questions from the Commissioners about this request?

 

Ray Butz asked, what are they going to put into that building?

 

Jeff Ward stated, it would be a trucking company, a trucking terminal.

 

Ray Butz asked, it was that before?

 

Jeff Ward stated, some oil company I believe. When Ron bought it, he bought it from the trucking company. Then it went to an auction barn, now we’re just going to go back to the trucking company. No transfer material or anything like that, just a place to service trucks and drop trailers and not very many at that.

 

President Anderson asked, does anyone in the audience have any questions?

 

Attorney Altman stated, this again, obviously, is within a ½ of a mile of the State Highway, on a major blacktop county road.

 

Ray Butz stated, that is probably even a little closer than that.

 

Attorney Altman stated, probably is.

 

Ray Butz stated, it’s not very far.

 

President Anderson stated, let’s go ahead and vote.

 

With no further discussion the Board voted.

 

The result of the vote was as follows: 7 affirmative and 0 negative. This will be presented to the County Commissioners for their action.

 

Attorney Altman stated, that meeting will be next Monday morning at 8:30 and again, I would suggest that that anyone interested be there because, they have the final decision. 

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President Anderson stated, next on the agenda is subdivisions. We had two of them but, they have both been tabled so that brings us down to business. We have discussion of amendment for penalties and re-filing for rezoning, parking, schedule of uses pertaining to appraisal business.

 

Director Weaver asked, I haven’t gotten anything done on my end, have you gotten anything on the penalties Jerry?

 

Attorney Altman stated, other than I’m ready to, quite frankly, tender the penalty provision that they had in the old ordinance, that seemed to work for, I don’t know how many years? Fifteen years?

 

President Anderson stated, right now we don’t have any penalties at all.

 

Attorney Altman stated, it was up to 500 dollars. What I would probably add to that would be that the various Boards, the B.Z.A. and the Area Plan Commission assess those penalties, impose those penalties at a regularly called meeting. I think that the Commissioners have always been concerned about any Director imposing the penalty, and I think that I can understand that. Although it has never really been a problem that I have noticed with anyone but, why not do what the law would really require. If a Director, previously under that ordinance had imposed a penalty that would be appealed to either this Board or B.Z.A. so why not just say cut to the chase and have the Board impose it.

 

President Anderson asked, so she would bring the penalty to us?

 

Attorney Altman stated, no, she wouldn’t necessarily do that.

 

Director Weaver stated, I would bring a violation to you.

 

Attorney Altman stated, but a violation would be brought, given notice, properly given and the Board imposes.

 

Director Weaver stated, we would have to establish which Board we would want to do that, correct?

 

Attorney Altman stated, that would be B.Z.A.

 

Attorney Altman asked, the truth is it would be more of a judicial function. Does that meet with the pleasure of the Board, since you would adopt it?

 

President Anderson stated, it sounds good to me. How does that sound to you?

 

The Board stated, yes.

 

Attorney Altman stated, I will do that.

 

President Anderson asked, do we have any other business?

 

Ron Pollock asked, where do we stand on this lawsuit?

 

Director Weaver stated, Roger Mitchell had requested a continuance on it.

 

Attorney Altman stated, I have filed an answer to that, it basically says that some of the factual basis is there it’s just that I don’t agree completely with their decision. It’s up to the court to decide whether this is or isn’t a violation of the setback allowed in that variance.

 

Ron Pollock asked, when was that continuance to?

 

Attorney Altman stated, it was a 30 day continuance, and the truth is that would probably be just about up. I can’t tell you the day but it’s pretty close.

 

Director Weaver stated, I was thinking it was closer to the end of the month, mid to the end of the month, I thought.

 

Ron Pollock stated, this says April 3rd so May 3rd would have been 30 days.

 

Director Weaver stated, no, the continuance would have been about from the 23rd of May.

 

Attorney Altman stated, we have 30 days to respond if it’s by mail, 20 days to respond if it’s by Sheriff. That would go out the 20 days and then you go ahead when the 20 days is up and then you ask for a continuance, that’s the way that it works. That’s probably right Director Weaver when you figure it out it would be toward the later part of this month.

 

Ron Pollock asked, I brought it up, the thing with this Boessel Subdivision. Director Weaver if they, they have all of this stuff on lot #31, and we have talked about this thing, but they do have a clear lot #32 but it only has 75’ frontage and if they took another 75’ off of lot #31 and made it 150’ frontage would that throw out the grandfather clause on the other property?

Director Weaver, stated, any time that they make a change to the property lines, that takes away from the grandfather clause.

 

Ron Pollock stated, I brought it up with Jim Milligan and he said, and I said well…

 

Director Weaver stated, the only thing that I’m going by is what our Attorney has advised me.

 

Ron Pollock asked, is that right Jerry?

 

Attorney Altman stated, yes, I think so.

 

Ron Pollock asked, so any time that you make any changes?

 

Attorney Altman stated, I think so, I think that a variance, a special exception, is confined to the facts of that case and as they presented it they had this lot.

 

Ron Pollock asked, could they get a variance to increase?

 

Attorney Altman stated, yes, they can. Variances are modifiable by B.Z.A. again. You bet that

They can and you and I have talked about that and possibility. They can also bring it down a lot,

They can confine it quite a bit.

 

Ron Pollock asked, it wouldn’t effect the grandfather clause on the rest of that lot then?

 

Director Weaver stated, the subdivision effects the rest of it.

 

Ron Pollock stated, they’re only going to have one lot.

 

Director Weaver stated, no, they are asking for a 4-lot subdivision.

 

Attorney Altman stated, if you’re asking if they can add this to the other one so that they can sell those together, yes they can do that. Again, they have to do that in the legal way and that would be to get a variance to approve that transfer so that they don’t loose their variance, or so that they get their modification of the variance. I guess that I really should use the words right, get their modification affirmed by the Board of Zoning Appeals.

 

President Anderson asked, they would have to subdivide it and then go before the B.Z.A. to get it changed?

 

Attorney Altman stated, what they are talking about is getting an exchange between adjoining landowners. They would not necessarily have to get a subdivision to do that, they would just get a deed from one to the other and then get a variance to agree with that. If that’s what they want to do that would be the simplest thing for them to get done.

 

President Anderson asked, does anyone else have anything?

 

Director Weaver stated, I just want to remind the board that you need to study up on Planned Developments because you have one coming. 

 

Attorney Altman stated, they are coming in. 

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Ron Pollock made a motion to adjourn.

 

Jay Clawson seconded the motion.

 

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The meeting adjourned.

 

Respectfully submitted,

 

 

 

 

 

Ray Butz, Secretary

White County Area Plan Commission

 

 

 

 

 

Diann Weaver, Director

White County Area Plan Commission