Get Adobe Flash player



The White County Board of Zoning Appeals met on Thursday, March 21, 2002 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

Visitors attending were: Jim Korbos, Charles R. Mellon, Brad Gutwein, Patrick & Denise Leonard, Robert R. Resler, Ben Stefaniak, L.A. McClean, T.L. McClean, Judy Wooldridge, George Sheehan, Rex E. Mathew, Ed Lawson, Howard Peoples, Kit Caster, Joe Ruemler, Larry A. Norris, George & Rita Vanhoutegen, Eric Stevenson, Buck Stevenson, Elizabeth A. Luse, Marilyn Paschen, James Paschen and Chad Sellmer.

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

President Thompson asked, has everyone had a chance to review the minutes and if so, do you care to act on them this evening? If you haven’t had a chance, we can postpone it until next meeting, how do you want to address it?

Attorney Altman stated, we don’t have Carol here to correct them.

Jeff Saylor stated, I would like to make a motion that we table the reading of the minutes until the April meeting.

President Thompson asked, it’s been moved to table the February minutes until our April meeting, which will be, do you know, do you look forward?

Director Weaver stated, yes, April 18th.

President Thompson asked, okay, the 18th of April. Is there 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, all opposed the same, motion carried.

Attorney Altman swore in all Board members and audience members.

****


#1196 C.D.C. Resources, Inc.; Requesting a special exception variance as per Section 10.20, Article 10.2001 of the White County Zoning Ordinance to allow a group home on lot #27 & #29 in Countrybrook Subdivision II. The property is located in the City of Monticello at 107 S. Countybrook Drive. For response to the Judges ruling. Cause #91C01-0106-CP-103 Final Judgment and Order for March 1, 2002.

President Thompson asked, Attorney Altman, you should probably explain a little bit of that to us.

Attorney Altman stated, okay, very briefly. I have sent all of the Board members a copy of the judgement of the court in this matter. In essence, our options are as follows, either we do as ordered by the judge and that’s the language that I have pulled out as part of the ballot, passed among you now or you authorize by disapproving and authorizing appeal of that decision and that’s just briefly speaking what the situation. So, no need for testimony, in essence, just vote, certainly can have discussion though.

President Thompson stated, I have a question, obviously you were in contact with each of the Board members, like he contacted me by phone…

Attorney Altman stated, yes, I did that just to find out about the, if you wanted an executive session and then the same breath, I did at least find out what everyone felt about this so, that’s why I prepared it.

President Thompson asked, yes or no, I just wanted that on the record…

Attorney Altman stated, I understand…

President Thompson asked, that it was aware that each of us as contacted personally about this so, Board members, is there any other discussion? If not do you care to go ahead and sign this? Do you need us to date this?

Attorney Altman stated, no, that will part of our minutes. Obviously, also part of the minutes is, this evening will be the courts decision as you just alluded to and be incorporated with the record tonight.

President Thompson stated, okay.

Attorney Altman stated, having said that, announcing the results of the balloting this evening on BZA #1196 okay and I will read that since it’s a different ballot than we usually have. I think that the public accordingly, would need to know, “That the White County Board of Zoning Appeals authorizes a special exception for CDC Resources Inc.’s use of the residential property (subject matter of this request) as a qualified residential facility for developmentally disabled individuals, subject to CDC Resources, Inc.’s compliance with the statutory requirement for a residential facility for the developmentally disabled pursuant to IC12-28-4-7 et seq.” For everyone’s information language, I have just inserted after the word authorized is in essence what the judges order to this Board was is why that language is there and why it’s phrased that way. Below that is the line for approve and below that would also be a line for disapprove and appeal of Court decision as of March 1, 2002 authorized. There were 4 votes cast, 4 votes voted by their signature approval the request. This matter will, accordingly, has been approved. Does anyone have any questions?

****

#2076 Brian Furrer; Requesting a special exception as per Section 10.20, Article 10.2001 of the White County Zoning Ordinance to place a communications tower on 10.00 Acres. The property is located in Honey Creek Township on the West side of U.S. Highway 421, approximately ¼ of a mile South of C.R. 100 N. Tabled from February 21, 2002.

President Thompson asked, anyone here representing this variance this evening? I don’t recognize anyone from Crown Castle.


Attorney Altman stated, I just happened to think that looking…


President Thompson asked, no one right, unless we have a late comer.


Attorney Altman stated, no.


President Thompson stated, no Furrer’s, no Crown Castles.


Attorney Altman stated, no.


President Thompson stated, okay.


Attorney Altman stated, this is accordingly is tabled until the next meeting and that’s when.


President Thompson stated, April 18th.


Director Weaver stated, April 18th.


Attorney Altman stated, okay, April 18th.

****

#2083 Bronislaw L. & Martha B. Stefaniak; Requesting a 4621 sq. ft. space variance and a 12’ front (St. Mary’s) setback variance and a 12’ front (Main St.) setback variance to build a duplex on lot #2 Stefaniak Subdivision as proposed. The property is located in the City of Monticello on the northwest corner of northwest corner of Main Street and St. Mary’s Street. Tabled from February 21, 2002.

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

Attorney Altman stated, Mr. Stefaniak is here.

President Thompson stated, okay.

Attorney Altman stated, for the record, I have just note that this subdivision has not yet been approved. So that if that were not approved, the variance would not, just could not be granted because of how it is brought before us.

President Thompson stated, okay.

Ben Stefaniak stated, I think everyone sees what I want here and I’m proposing to change that from a duplex, just a house there was a lot across the street from us there, on that corner, there is nothing on that corner, just to mow grass. There was a lot across the street at one time, I wanted to buy it, and put a double, I want to put two duplexes on it. For the world of me I could not fathom, I’m an industrial engineer, I was a manager of an industrial engineer at Racorn Incorporated but, I couldn’t figure out how to put two duplexes on that lot. So, I didn’t buy it, so low and behold a guy bought it and put two big duplexes that you can jump out of the street on. There are garages there that you can’t put garages on and then you exit onto Main Street. I said well, I guess that I missed it so anyway, I’m not going to argue about putting a duplex here, I just want to put a house on this property, piece of property so that’s what it’s all about.

Attorney Altman asked, for the record, we hear the applicant modifying his request. His modification would be rather than having a variance, right a variance, yes, a variance for a duplex on what will be lot #2 if the subdivision is approved he would only be putting a single family residence on this, proposed variance and for the proposed second lot #2, right Mr. Stefaniak?

Ben Stefaniak stated, that’s right, we will not be putting 3 pounds in a 5-pound bag like across the street from me. Any questions?

President Thompson asked, so in other words, he’s doing less…

Attorney Altman stated, doing less…

President Thompson asked, so there’s no re-advertising or anything like that?

Ben Stefaniak stated, there shouldn’t be anyone complaining…

Attorney Altman stated, first, we’re talking about how, if we need to re-advertise if you were trying to do more. You’re going the other way so, that’s no problem Mr. Stefaniak.

President Thompson stated, alright.

Ben Stefaniak stated, thank you.

President Thompson asked, is there anyone here that cares to speak in favor or against this variance this evening? Director Weaver left, I don’t know, does she have anything…

Attorney Altman stated, let me check the file. She didn’t share with me that there was any correspondence in here. It doesn’t look like there is anything, no there is nothing in there.

President Thompson asked, okay, any questions from the Board, concerns? Does everyone understand now what he’s doing?

Attorney Altman asked, Mr. Stefaniak, would this be a single family, or a single story?

Ben Stefaniak stated, single story right.

Attorney Altman asked, single story residence. Obviously, this is on city water and sewer, so that would eliminate that problem.

President Thompson asked, any response from anyone?

Director Weaver stated, no we have not received anything.

President Thompson asked, do you have anything to add at all?

Director Weaver stated, no I don’t believe so.

President Thompson asked, is there any other discussion from the Board? If not do you care to vote?

With no further discussion the Board voted.

The Board finds the following:

1. That the property is properly zoned R-2, One and Two Family Residential.

2. That the lot is a lot in a proposed subdivision

3. That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit.

4. That no objectors were present at the meeting.

5. That proper notice was given by mail to adjoining property owners.

6. That the request is for a 4,621 square feet space variance and a 12’ front (St. Mary’s Avenue) setback variance and a 12’ front (Main Street) setback variance to build a duplex on Lot 2 in the proposed Stefaniak Subdivision, City of Monticello, White County, Indiana.

COMMON DESCRIPTION: The property is located in the City of Monticello on the northwest corner of Main Street and St. Mary’s Street.

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

The variance was granted based on the findings of fact by a vote of 4 affirmative and 0 negative.

Attorney Altman stated, subject to the fact that right now there is no lot #2 and this needs to be subdivided, approved and subdivided before as a condition of this variance. When you get your subdivision done, you need to get a building permit before you proceed Mr. Stefaniak.

Ben Stefaniak stated, okay, thank you.

Attorney Altman stated, thank you.

****

#2086 The Kelly Family Limited Partnership, Owner; Lakes Disposal, Applicant; Requesting a special exception as per Section 10.20, Article 10.2001 of the White County Zoning Ordinance to allow a Waste Facility in an I-2 zoning classification on lots #132 and #133 in North Addition and .50 of an acre. The property is located in the Town of Reynolds at 406 N. Boone Street.

President Thompson asked, anyone here representing this variance?


Denise Leonard stated, Denis Leonard, co-owner of Lakes Disposal, just here on their behalf.


President Thompson asked, okay. You have nothing else to present to the Board tonight?


Denise Leonard stated, no.


President Thompson asked, all right, Director Weaver, did you get any response from anyone?


Director Weaver stated, no, I have not but I want to give the Board a little bit of information on this property. This property is still in the process of being rezoned from an R-2 zoning to an I-2 zoning. It has been passed by the APC contingent on a signed commitment. We have the commitment in our possession but the APC has not approved it so therefore, it’s not gone on from that point. Once the APC at their next meeting, hopefully, that’s our intentions approves the commitment and then it will be forwarded on to the Town of Reynolds.


Attorney Altman asked, do you have a copy of the commitment?


Director Weaver stated, yes I do.


Attorney Altman stated, it would probably be a good idea that the Board saw that. I don’t think that was part of the record.


Director Weaver stated, no, it was not.


Attorney Altman stated, it would probably be a good idea. Let me read the commitment that they are filing with the Board and I’m going to, obviously part of it is to excuse me, let me back up a step. A commitment is a document; an agreement in this case, is between the owners of the property, White County Commissioners and the White County Area Plan Commission. It affects, in this case, the ground that they are asking a variance on excuse me, a special exception on. It also talks about being zoned for R-2 to I-2 and that a commitment restricts the use as an I-2 and the restrictions are as follows.


The commitment was read out loud to the Board members and the audience members.


Attorney Altman asked, so the agreement limits what they can do in I-2 by the commitment. Does the Board understand that? Everyone else?


Director Weaver stated, I would like to make one clarification…


Attorney Altman stated, this must be approved by the Board of Zoning Appeals and obviously, the County Commissioners too.


Director Weaver stated, and also the Town Council of Reynolds.


Attorney Altman stated, okay, that’s right, this is Town of Reynolds so yes.


President Thompson asked, I have something first. I’m going to re-read this description, I’m not clear here, I’m going to read the last two sentences; is to allow a waste facility in an I-2 zoning classification on lots #132 and #133 in North Addition and one half of an acre. Is this the half-acre here?


Attorney Altman stated, yes, that’s the…


Director Weaver stated, that…


Attorney Altman stated, to the…


Director Weaver stated, to the West, yes.


President Thompson stated, okay, I thought so but, I…


Attorney Altman stated, the railroad is on the North, streets, what street is that, Boone Street is to the East, farm to the West and some to the South and a street it looks like a street to the South…


Director Weaver stated, it’s a platted street but, I don’t believe that it’s actually there…


Attorney Altman stated, I understand that…


Director Weaver stated, just so that they are aware.


President Thompson asked, any response from anyone?


Director Weaver stated, no.


President Thompson stated, I think that I asked you that before.


Director Weaver stated, no.


President Thompson asked, does anyone care to address this either for or against the variance this evening before we turn it over to the Board? No one, Board, Nothing?


Attorney Altman asked, obviously, we’re voting on this, we’re voting on it being a condition that this commitment be approved by the Town Board of Reynolds, County Commissioners and the White County Board of Zoning Appeals, excuse me, Area Plan Commission. Obviously we are approving it and they would be limited by this commitment of what they can do on this property, and you understand that right ma’am?


Denise Leonard stated, yes.


Attorney Altman stated, okay, I just want to hear you on the record, say that.


President Thompson asked, is there any other discussion? Is the Board ready to vote? Okay, we shall vote.


With no further discussion the Board voted.


The Board finds the following:


1. That the building site is properly zoned I-2, Heavy Industrial.


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 special exception variance as per Section 10.20, Article 10.2001 of the White County Zoning Ordinance to allow a waste facility in an I-2 zoning classification on Lots numbered One Hundred Thirty-one (131), One Hundred Thirty-two (132), and One Hundred Thirty-three (133) and the North half (1/2) of Lot numbered One Hundred Thirty (130), all in North Addition to the Town of Reynolds, White County, Indiana.

That part of Lot 132 and Lot 133 in the North Addition in the Town of Reynolds, in the Southeast Quarter of Section 28, Township 27 North, Range 4 West, Honey Creek Township, White County, Indiana, described by: Beginning at the Northeast corner of said Lot 132; thence South 0 degrees 38 minutes East along the East lot line of said Lot 132, a distance of 135 feet; thence South 89 degrees 22 minutes West parallel to the South lot lines of said Lots 132 and 133, a distance of 114.50 feet to the West lot line of Lot 133; thence North 0 degrees 38 minutes West along the West lot line of said Lot 133, a distance of 141.0 feet to the South right-of-way line of the Penn-Central Railroad; thence South 87 Degrees 23 Minutes East 114.69 feet along right-of-way to the point of beginning.


Also, a tract of and in the Town of Reynolds in the Southeast Quarter of Section 28, Township 27 North, Range 4 West, Honey Creek Township, White County, Indiana, described by: Beginning at the Northwest corner of Lot 133 of the North Addition in the Town of Reynolds; thence South 0 Degrees 38 Minutes East along the West lot line of said Lot 133 a distance of 141.00 feet; thence South 89 degrees 22 Minutes West 148.54 feet; thence North 0 Degrees 38 Minutes West 149.93 feet to the South right-of-way line of the Penn-Central Railroad; thence South 87 Degrees 23 Minutes East 148.78 feet along said right-of-way line to the point of beginning, containing 0.50 acres.

COMMON DESCRIPTION: The property is located in the Town of Reynolds at 406 N. Boone Street.

7. That the special exception 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 special exception is based on the findings of fact so made that are required to be made under the provisions of Section 10.20of 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 sections of the zoning ordinance.

The special exception was granted based on the findings of fact by a vote of 4 affirmative and 4 negative.


Attorney Altman stated, subject to the fact that the commitment I recited, I read the restrictive parts thereof must be approved by the Town Board of Reynolds, White County Commissioners, and the White County Area Plan Commission and obviously signed by the applicant. In this case the owners right now and would continue to be effective and valid for the future. I would remind you with a special exception you must substantially complete or comply with the special exception within 1 year or it’s gone, okay. So don’t wait to long to get everything else done all right? Thank you.


****

#2087 George R. & Rita S. Vanhoutegen; Requesting a 4’ front setback and a 3’ side setback variance to bring the existing unroofed deck into compliance with the White County Zoning Ordinance on lot #7 in Ganos Camp Addition. The property is located in Monon Township at 3542 E. Bailey Road.

President Thompson asked, I assume that you are representing this variance?


Rita Vanhoutegen stated, I’m going to try.


President Thompson stated, okay and your name is?


Rita Vanhoutegen stated, Rita Vanhoutegen and we purchased, I just want to give you a little background. We purchased this piece of property as a summer cottage back in 1999 and, I’m sorry in 1996. In April of 1999 we hired Mr. Stevenson to construct a wood deck on the lakeside of the property and the property was closed for the season, we live in Northwest Indiana. So we came down, met him and talked to him about what we were looking for because, it had, the house is built into a hill. So consequently, it had a stone patio like a gravel patio, we just wanted to put a deck over it, and we talked to Mr. Stevenson and told him what we were looking for. My husband asked him, at the time, if we needed to get a permit and he said that he would take care of it so we left, went home and he built the deck. We came down and we’re very pleased with what it looked like and everything was just hunky dory until last summer when our neighbor told us that the deck was too close to the side property line and they were going to have to have it taken down. So I called Area Plan and talked to Melanie, just to find out what the rules were because, I thought that we were in good shape you know we had got a permit and the whole nine yards, you know we didn’t build it ourselves, hired a contractor. Anyway so having said all of that, she checked and said that no permit was ever issued for it. So, that was the first indication that we had a problem with this deck. So when I came down to apply for a variance for the side variance, I was told all of the things that I would need, a survey and everything so, I got the survey and low and behold I’m in the Area Plan Office and Director Weaver tells me that we’re encroached on lake property. Quite frankly, if someone would have hit me in the head with a two by four, I wouldn’t have been more stunned because I felt; we felt that we owned that property. We felt that we owned all of the land in front of the house. So I went to the Lake Association and we went through an entire deal with them, went to their meeting and waited finally got a letter from them, I don’t know if you have that in your possession…


Director Weaver stated, yes.


Attorney Altman stated, we have it here.


Rita Vanhoutegen stated, okay and as you can see they agreed for the deck to come up to the property line and for the stairs for the deck to rest on their property. They say that they are fine with that. So, I respectfully request that you know, you grant us a variance for the front part of the deck and as far as the side is concerned. When we had the deck built we specifically asked Mr. Stevenson to not go all of the way over to the end of the stone patio because, we didn’t want to have any problems with our neighbor. I want to show you a picture that shows exactly where the deck is. Since it’s up in the air and there’s nothing on the side of this, on the other side of the property except firewood, I would really like, if we could leave the deck where it is and cut it back up to the property line on the lake side. I apologize to all of you for all of this. We would have never spent 4,300 dollars for a deck that wasn’t even on our property so, hopefully we can get this resolved.


President Thompson asked, okay now, you understand when you give the Board…


Rita Vanhoutegen stated, you can have it.


President Thompson stated, we keep it…


Rita Vanhoutegen stated, you can have it, it’s yours. I have another one.


President Thompson asked, do you want to announce what she’s presenting?


Attorney Altman asked, yes, it looks like a photograph, I will mark it applicants Exhibit A, of the structure that is in question and it’s the, is it the Northeast corner?


Rita Vanhoutegen stated, I’m not sure of the directions.


Attorney Altman asked, it’s the one nearest your neighbor or is it the other one?


Rita Vanhoutegen stated, no, it’s the one nearest the neighbor. I would like also, if I may when you’re finished, add one other thing.


President Thompson stated, just one second.


Attorney Altman asked, just lot number, it would be the corner nearest lot #6 and that side, thank you very much.


Rita Vanhoutegen stated, I would like to tell you that Mr. Stevenson and his son have assured us that they will make all of the modifications that you know, that are going to be necessary to bring the deck into compliance. We have electricity installed on that deck and they have assured us that they will do what ever the Board wants done. I just sincerely hope that we can get this thing resolved tonight.


President Thompson asked, did you get any response from anyone?


Director Weaver stated, no, we have not received anything. We do have a copy in the file of a letter from the Shafer Freeman Lakes Association.


President Thompson asked, right, do you want to, need to read any part of that or all of it for the record or not?


Attorney Altman stated, I certainly would. I will read the body of the letter it’s directed to the applicants.


The letter was read out loud to the Board members and the audience members.


President Thompson asked does anyone here care to address the variance either for or against?


James T. Korbos stated, grandfather, great-grandfather, I have been in this property lot, I’m on lot #6.


Attorney Altman stated, lot #6.


President Thompson stated, lot 6.


Attorney Altman stated, that’s the one that the apparently objected.


James Korbos stated, for 26 years. These people, I was here before asking for a variance, I didn’t know that I had an old shed that I put down because, I couldn’t do anything else because we had the sewers and in front of my house, I had the well pipe. So now when we wanted the sewers, which we have been fighting for 10 years to get them in the Big Monon and I try to do something there but, I made a mistake which I know because Director Weaver and Cindy were very nice and explained everything to me. I didn’t know that so, I lost my rights there so, I had to move back 8’ to put my bedroom, my granddaughters bedroom, I have two granddaughters living there with me and I had to build the garage. They did a great favor by turning me down anyway because, I built out in front, and I had more property. I have a little short lawn, the lawn is not bad for the grandchildren. Now I know this shouldn’t be allowed, they violated it, they knew the laws, I told them when they bought that place that they were on my property. The garage is on my property, there is a 23”, 23’ garage and it’s everything, snow, rain everything is, there’s no rain gutter, it goes all on my driveway and everything. They had the deck permit which, I think that Mr. Stevenson broke the law too, he knew the law, I knew I have been there all of these years and every time that you had to have a permit to do something. I couldn’t, when I told Director Weaver that, they told me that they had a permit, they had a contractor do and I asked them for it. Now this deck is about, well let's see about a 1’ from the property line and they built, they built the wall. It use to be the septic tank and they built a wall there and they put it at an angle from the property line. Here is my property line, they went with an angle they put that 23” on my property more and never bothered, well maybe about a 1’ from the property line. Now I have a bedroom and a living room there, it’s about 15’ away and they built this deck all of the way down through their lot. Probably lot #8, buy some of this property because, his brother died and they put a patio on that thing all of the way up to the property line on the other side too, they built a patio. Now what gets me is the Shore Front, they turned them down and told them that they have to take everything down. There are 3’, 30 or 40 inches on their easement which, we know is against the law that we couldn’t build. All of the neighbors know that because, there’s a cement thing there where the property line easement from the lake that you can’t build past that. So, and I can’t believe this fine gentlemen, I know that father, now I don’t see the father as building that, maybe it’s the son and that was bad practicing. Now they can’t tell me that they didn’t know anything about all of this stuff and that’s why I’m very much against it. The garage is on my property and so are the deck walls and there’s another thing, we have the sewer grinder and I have a photograph here…


Attorney Altman asked, would you like to submit a photograph, okay, we will mark it exhibit A.


James Korbos stated, see, there is something drainage out of this and you have another black pipe running in, this is about a foot away from my property line and every time that it rains and snows or whatever it does…


Attorney Altman asked, whose property is this?


James Korbos stated, this is the gentlemen that…


Attorney Altman asked, the applicants?


James Korbos stated, yes.


President Thompson asked, Attorney Altman, is that of the garage?


Attorney Altman stated no that is of their property.


President Thompson stated, I know but, he keeps referring to this garage and we’re not dealing with a garage tonight.


James Korbos stated, no, I’m not talking about the garage.


Rita Vanhoutegen asked, isn’t that a picture of the grinder part?


President Thompson stated, I’m just checking, okay.


Attorney Altman stated, I will mark that but, this is the property…


James Korbos stated, the garage is, I asked for it to put a rain gutter.


President Thompson asked, is he aware of this?


Director Weaver asked, aware of the letter?


James Korbos stated, I think that Director Weaver has photographs of all of this stuff.


Director Weaver stated, I think that he attended this meeting from my understanding. Mr. Korbos, did you attend the meeting down at the Shafer Freeman Lakes Association?


James Korbos stated, yes I did and you know that’s what I just said, that they claim that these, this Mrs. ……claimed that these things have been going on a long time this practice has gone on, things without permits. I don’t believe that because, especially Director Weaver and her outfit, they make sure that everything was done legal, I found it out. I had to go up there and find out, Jim Saylor and John Saylor did the contract work they sent me up for a permit and I learned a lot. So, I’m very much against, they should take that part go back like Director Weaver said the law is 6’ or whatever it is. I had to put my bedroom, I had to go 8’ because, I had to put it on the, see I didn’t have the chance because, we just got the sewers in and now I get, I don’t have enough bedrooms or closets for my grandchildren so, that’s why I started doing this see, and I learned a lot.


President Thompson stated, okay.


Attorney Altman stated, thank you.


James Korbos stated, but I know one thing you had to go for permits. Thank you very much.


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


George Vanhoutegen stated, I would just like to talk about that side thing again, that deck has been up for like 3 ½ years, everything was fine until Mr. Korbos had a problem with us last year…


James Korbos stated, 1999…


President Thompson stated, sir, he has the floor.


James Korbos stated, okay.


George Vanhoutegen stated, and everything was fine, I mean Mr. Korbos even told us what a nice deck it was, he has even set there and had a drink on our deck but, until this everything was fine. Like my wife said, I don’t want to repeat ourselves but, we wouldn’t have paid all of this money knowing that one, we might have to tear it down or two, if we ever decide to sell the place. We wouldn’t be able to sell the place, as it was so, we were totally neglectful I guess, or what we felt that everything was fine. Now, getting back to that side thing, the deck is about this far off actually, off of the ground under the supports. Part of that, I don’t know where they dug, where they tied our sewer in coming from the house but, another reason that I would like to leave that side there is because, I think that they dug part of that towards the house. I think that, that is all torn up under there, it’s just an unsightly gravel patio to begin with, and I think that it would be even more unsightly if we had to cut it back. Like I said, it’s not encroaching on anyone’s property and like I said, it was a mistake at the time but, like I said it has been there for 3 ½ years and up to now everything was fine. Thank you, that’s all that I have to say.


James Korbos stated, when the other Bob was selling the place, Bosemen and they were, I told them that this thing was on our property the garage was on our property, they knew all about this, I was called a damn liar here I think Mr. Altman knows that and Mrs. ….. that I was at the meeting that I was and they still knew it. They went and built on the other side, two young couples bought Father Fosselman’s property and they built a patio on that side too for big stoves and everything, boom box radio they have.


President Thompson stated, sir, I don’t…


Attorney Altman stated, sir, we don’t really care what names are called…


James Korbos stated, no we don’t care about the other side right.


Attorney Altman stated, no, the names, we’re not here to talk about that, were talking just about the matter before us and those are out of place, please don’t go there anymore.


James Korbos stated, I’m sorry.


Attorney Altman stated, I don’t want to go there.


President Thompson stated, there’s nothing to be gained by it.


George Vanhoutegen stated, no, I wasn’t…


President Thompson stated, okay.


George Vanhoutegen stated, all that I know is that garage and the wall was up there before we bought the place.


President Thompson stated, I understand.


David Scott asked, the deck is actually 1’4” off of the property line, is that correct?


Attorney Altman stated, that’s what the survey indicates, yes, actually it’s 1’ and 4 tenths if you read that, it’s actually 1’ and 4 tenths which was probably about 6” I think, I have figured that out exactly but, I expect that it’s about 6” or 5” maybe.


President Thompson asked, does the Board have any questions? I think, you are Mr. Stevenson?


Buck Stevenson stated, yes.


President Thompson asked, would you mind explain to the Board why you didn’t pursue a permit?


Eric Stevenson stated, I will take care of that, he’s hard of hearing.


Buck Stevenson stated, hard hearing, I can’t hear very good.


President Thompson stated, okay.


Eric Stevenson stated, in that time we were informed and it was me personally, I was in the Area Plan, at what we need a permit for. It was Ray Ferdinand, he was there prior to this guy’s deck, but he told me that if it does not have a roof on it, you don’t need a permit. So consequently, you don’t need a permit and on that, now we’re coming back now we have to have one. I’m not saying at the time that we didn’t need one evidentially we did but, because you were informed by the man in charge and never told to the contrary then what do you do? You go by what you’re told. That’s why there was never a permit gotten for this deck.


Attorney Altman asked, what about the encroachment on the lot line?


Eric Stevenson asked, on the lakefront?


Attorney Altman stated, no, yes, both really.


Eric Stevenson stated, well, it’s not on the other mans property on the side…


Attorney Altman stated, well, it’s an encroachment really it isn’t....


Eric Stevenson stated, well, it’s not on the setback right.


Attorney Altman stated, it’s not on the setback line is what it really is and it is an encroachment on the front.


Eric Stevenson stated, yes, it is on the front but at the time they didn’t know, nor did we on the front where the lake property line was, as most people on the lake don’t know. There was already a deck, patio, stepping stones and some concrete stone already there and all that we did is cover up what was there, raised it 6” above, or 5 ½” above it and covered what was there.


Jeff Saylor asked, there was no survey done at the time?


Eric Stevenson stated, no, not to my, they told us where they thought their lot lines were.


Rita Vanhoutegen stated, and we were just basically going by, we bought the house for sell by owner which talk about an education, we have certainly had one. I can tell you honestly, that we have lived in the house, we have lived in Dyer for 18 years, had several construction projects done, if my life depended on it right now, I couldn’t tell you what the rules are in Dyer Indiana but, I can tell you what they are down here. That’s fine you know, we just want to get everything in where it’s at. Quite frankly, from our property line, where our property ends, and the lake from where the lake starts down to, the lake property down to the water is 45’. Quite frankly, we would have never bought that piece of property had we know we didn’t even own the grass in front of our house and perhaps there are a lot of people down here that knew that but, we didn’t.


President Thompson asked, is there anyone representing this tonight?


Director Weaver stated, no, I don’t think so.


Attorney Altman stated, no, not that I see.


President Thompson asked, Board, how do you want to handle this? Jeff?


Jeff Saylor stated, it sounds as though there were mistakes made on both in our office, as well as on the part of the contractor at that time.


Attorney Altman stated, it certainly sounds that way although, we don’t have that as to need of a permit.


Jeff Saylor stated, in those cases…


Attorney Altman stated, as to the…


Jeff Saylor stated, is always right.


Attorney Altman stated, as to the side setback, I don’t think that is a, that isn’t Mr. Ferdinand’s representation or problem but, as to a need of a permit I would give the Stevenson’s credit for asking that.


Jeff Saylor asked, am I correct in assuming that the building permit would not have been issued without a survey, is that correct?


Director Weaver stated, no, we will issue a building permit without a survey.


Jeff Saylor asked, …exact location on the lot.


Director Weaver stated, they do have to give us a site plan telling us how far from the property lines they will be.


Jeff Saylor stated, but it would have to show the exact location on the lot.


Director Weaver stated, right.


Jeff Saylor asked, which they didn’t have to do?


Director Weaver stated, correct.


David Scott asked, the deck has been there for 3 ½ years or something like this, and evidentially this gentlemen was given some wrong information. If they cut the deck back 6’ or what ever the setback is, I’m not sure what difference that makes on this gentlemen’s property. I mean he’s still going to be the same height and they are going to be able to see in his house or whatever. These people are just trying to get into compliance and it looks like they are taking off the front of their deck. I mean it’s just a bad turn of events but, I don’t see I hate to penalize these people, they are just trying to get into compliance so, everyone will know how I’m going to vote.


James Korbos stated, they broke the law and that’s all that…


David Scott stated, well, not intentionally…


President Thompson stated, not exactly.


James Korbos stated, as long as they move it back and the ground…


President Thompson stated, sir…


James Korbos stated, oh, okay.


President Thompson asked, Jeff, I kind of cut you off I think, do you have something?


David Scott asked, if we were going to benefit something by making these people take that down…


President Thompson stated, right, I would say if they would comply by this.


Attorney Altman stated, well, they are certainly going to have to take some of it down.


Jeff Saylor stated, that’s the request by that organization in terms of the side setback you know we have this gentlemen’s voice to go by, this was the information that he was given by the Area Plan Office at the time. Had he been given other information, there wouldn’t have been any, …the site drawing with this proposed deck located on that which would have been where the property liens where and they might have avoided this whole thing in the beginning so, I think I…


President Thompson asked, but we need to vote according, put it in the record right, Attorney Altman…


Attorney Altman stated, yes, exactly…


President Thompson asked, in compliance with, do you understand that?


Attorney Altman stated, it certainly has to be in compliance.


Rita Vanhoutegen asked, are you saying that as long as Mr. Stevenson complies with what the Lakes Association wants it’s going to be okay?


Attorney Altman stated, that would be a condition on the voting…


President Thompson stated, yes.


Attorney Altman stated, it would be a minimum condition on that vote.


Rita Vanhoutegen stated, of course, of course we’re going to do that.


Attorney Altman stated, I understand, I’m just, we’re just reciting that for the record.


President Thompson asked, but we need to have it in our records. Is there any other discussion? Gary is ready to vote, what about Jeff and David, okay, we shall vote.


With no further discussion the Board voted.


The Board finds the following:


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


2. That the lot was an existing lot of record at the time of enactment of the ordinance, as defined in Section 2.114.

3. That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit.

4. That objectors were present at the meeting.

5. That proper notice was given by mail to adjoining property owners.

6. That the request is for a 4’ front setback variance and a 3’ side setback variance to bring the existing unroofed deck into compliance with the White County Zoning Ordinance on Lot 7 in Gano’s Camp in Monon Township, White County, Indiana.

COMMON DESCRIPTION: The property is located in Monon Township at 3542 E. Bailey 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 4 affirmative and 0 negative.


Attorney Altman asked, subject to the requirements of the letter that was received from the SFLECC, February 11, 2002 the body of which, I read into the record. That would be the minimum requirement of compliance on this request for a variance, subject to that and subject to complying with that. You need to get a building permit that complies with this and you need to be in compliance immediately. I believe the Stevenson’s now know, you need building permits for things like this, right?

Eric Stevenson stated, we have known that for quite some time, now.

Attorney Altman stated, okay, very good, I just like to hear that on the record, thank you very much.

George Vanhoutegen stated, thank you.

****

#2088 James E. Paschen; Requesting front and rear setback variances as shown on the plat for the proposed Coyote Run Estates Subdivision on 24.569 Acres. The property is located in Union Township on the Northwest corner of State Road 39 and Woodhaven Court.

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

Jim Paschen stated, I’m owner of the proposed Coyote Run Estates.

President Thompson asked, do you have anything additional that you would like to present to the Board this evening?

Jim Paschen stated, no.

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

Director Weaver stated, yes, just to stress this is a proposed subdivision, it has not yet been presented to the Area Plan Commission and this is the first step in doing that. Also, we received late today a letter from a concerned neighbor. They asked that if they were not in attendance tonight for us to read this letter into the record, I can not tell you if they are here or not…

Attorney Altman asked, are the Pala’s here?

Director Weaver stated, this is from Joseph and Melinda Pala.

Attorney Altman stated, hearing them not here, I will read this into the record. The Board has a copy of it in the packet but, I do like to read it into the record, received 3-21-02, I guess that we don’t have the exact time but, that’s pretty close. The letter was read out loud to the Board members and the audience members.

President Thompson asked, do you care to respond to that?

Jim Paschen stated, yes, they are talking about the size of the lots, I think the smallest lot that we have in the addition is at least one acre or more. Some of them are 1.5 to 1.6, maybe. I think that’s right in it, Director Weaver…

Director Weaver stated, yes, it looks like it…

Jim Paschen stated, and the reason for setback is due to the fact that, Paul Couts is doing this out of Lafayette and he’s an Engineer for CNS Engineering. I really, more or less, left this up to him the way that lots should be laid out or subdivision should be laid out. He has done many of them and he was, this was, rather than changing his zoning it’s still going to be agricultural. We’re not asking for the change of zoning, we’re just asking for and then the roadside along State Road 39 is, I think it’s 80’ seatback, what the law says. We’re asking for 50’ setback instead of 80’ so, we’re really not, we’re not trying to put, and it think that the lots are 220’ deep on Woodhaven. So they are not, they are 200’ by 220’ at the smallest. So they are not going to be small lots, they are big lots.

President Thompson asked, do you care to mention, the drainage was mentioned in that persons response there, do you care to talk about that?

Jim Paschen stated, yes, we have to go before the Drainage Board and we have to go ahead and make everything, we will have to have a wet holding or a dry holding area for our excess water and all of that, Paul understands all of that.

Attorney Altman asked, where will that be located?

Jim Paschen stated, probably right in here there is a tile going across to a pond over here on Les Howard…

Attorney Altman asked, you’re referring for the record, the line between lot number 2 and 3 and…

Jim Paschen stated, somewhere in that area…

Attorney Altman stated, and you’re pointing towards the…

Jim Paschen stated, South…

Attorney Altman stated, South…

President Thompson stated, I assume, yes…

Attorney Altman asked, and that’s the grade of the water, is that the natural grade of the water? Is this a swale…

Jim Paschen stated, this is a county tile.

Attorney Altman stated, oh, okay, so that there is a county tile and yours starts apparently in the line, again talking for the record between lot #5 and lot #6 and comes across lot #9 and is showing there 10 and onto lot #3 of this addition, right Mr. Paschen?

Jim Paschen stated, yes.

Attorney Altman stated, and going on South…

Jim Paschen stated, into, across the Woodhaven Road…

Attorney Altman stated, Woodhaven Road…

Jim Paschen stated, yes, there’s a ditch underneath the road that goes into Les Howard’s pond there, there will be a holding pond here also.

Attorney Altman asked, so it goes into a holding pond and your holding pond will be in that area…

Jim Paschen stated, no, my holding pond will be on our area over here.

Attorney Altman asked, in lot #3 and lot #2…

Jim Paschen stated, in this area right here.

President Thompson stated, okay.

Attorney Altman stated, okay, it isn’t shown very well on your plat, you may need to put that on there.

Jim Paschen stated, okay. He doesn’t have the drainage plan set yet for this. In other words, he knows what he, he hasn’t presented that, that’s not what we’re trying to do tonight.

President Thompson stated, right.

Attorney Altman stated, understand….

President Thompson stated, I just wanted you to mention something on it.

Jim Paschen stated, and the other reason is, you have a 30’ on both sides of a county ditch. I think that he needs room so the dwelling would have room to set within the lots when you have the ditch, you have to give that easement all of the time so, you can’t build on that easement of that ditch.

Attorney Altman asked, any other tile as part of this subdivision?

Jim Paschen stated, yes, we’re going to have a drainage tile be running down here at the back of let's see lot #1, 2, 3…

Attorney Altman asked, you’re talking about the back being the North side?

Jim Paschen stated, the North side of that, that will take care of their perimeter drains, it will go down here and hook into this ditch.

President Thompson stated, okay.

Attorney Altman asked, hook into the county drain…

Jim Paschen stated, I’m sure that the same thing is going to happen here when we get this developed, there will be another tile coming all ways.

Attorney Altman asked, okay, will there be any drainage up where lot, the row of lots, bank of lots 7 thought 17?

Jim Paschen stated, everything is going to go South except he’s talking about putting a holding area back here at the back of lot #17, and #18 will probably have it’s own area back here behind, another holding area.

Attorney Altman asked, okay, so that the drainage will go to the county drain?

Jim Paschen stated, yes.

Attorney Altman stated, okay.

President Thompson stated, okay.

Jim Paschen stated, but, it will all probably end up going the main drain is going to go this way of all of these lots.

Attorney Altman stated, I understand, goes South to the county drain.

Jim Paschen stated, yes.

Attorney Altman asked, is there any other way that this drains naturally?

Jim Paschen stated, I think naturally it probably maybe possibly lot #18 and #19 possibly could have went through back here through Lucy’s…

Attorney Altman asked, you’re talking about to the West?

Jim Paschen stated, to the West.

Attorney Altman stated, of lot #17, 18 and 19.

Jim Paschen stated, yes, there is a present tile there but it is not a county tile.

Attorney Altman stated, okay.

Jim Paschen stated, it’s a privately owned tile that was put in.

Attorney Altman asked, does it go on these properties?

Jim Paschen stated, it goes on part of this property right here and lot #18 and #19.

Attorney Altman stated, okay.

Jim Paschen stated, that I know of.

Attorney Altman asked, so that would be drainage allowed there?

Jim Paschen stated, yes, the rest of it, I think that all of the drainage goes to the South there. There is tile in there but, we lost maps in the tornado, when the tornado when through we lost a lot of our farm maps so, our tile maps are about, they are not like they were.

President Thompson asked, while he is here, does the Board have any other questions?

David Scott asked, where does that road access from the North? Is that a cul-de-sac, going to be, down there?

Jim Paschen stated, yes, we’re going to have a cul-de-sac back here.

Attorney Altman asked, so you’re talking about the end of the road near, between lot #17 and #16 will be a cul-de-sac?

Jim Paschen stated, probably back out here on the end.

Attorney Altman asked, so that would be on to you property I guess Mr. Paschen?

Jim Paschen stated, yes, this is approximately a 79-acre area, total field just South of my house. This is the part that he’s talking about ….and also putting that holding area here….the lots right here.

President Thompson asked, isn’t there like a ravine, I have been down that road before, I think that there was, I use to take that to the radio station.

Attorney Altman stated, the topographic doesn’t really show that very well.

President Thompson stated, it’s not the best but, again, we’re not deciding that.

Attorney Altman stated, no but, it should be on there.

President Thompson stated, true. I just wanted to hear him address that persons concern.

Attorney Altman asked, is there a ravine going on where that drain, that county drain?

Jim Paschen stated, yes, that approximately goes in behind Lucy, um, yes it goes through Les Howards and then goes on behind another neighbor and then comes down and goes behind all of the neighbors back through there down to the river.

Attorney Altman asked, so there is 3 fair grade in the ravine?

Jim Paschen stated, yes, it goes all of the way down, keep going down, all of the way down.

President Thompson stated, there is a fellow that lives there nearby that retired from N.I.P.S.CO. I can’t tell you his name, I have taken some radios back to have them repaired by an individual..

Attorney Altman asked, where do the Pala’s live in this subdivision?

Jim Paschen stated, I’m not sure but, I think it’s where Burton’s use to live, right here, I think that they live right here.

Attorney Altman asked, behind where Johns’ live?

Jim Paschen stated, yes, South of where Johns, Johns, doesn’t live there, that just sold.

Attorney Altman stated, okay but, the property that shows as Johns isn’t…

Jim Paschen stated, I think that they live here.

Attorney Altman stated, okay, just so that we know.

President Thompson stated, we had a hand up in the back.

Larry Norris stated, I’m a property owner in Woodhaven. I don’t know if they call it Woodhaven Addition or whatever they call it. The ravine starts right at my property in the back that you’re talking about.

President Thompson asked, could you come up and point that out?

Larry Norris stated, and Pala lives right straight behind me. There is a lot of water that goes through that…

Jim Paschen stated, oh, that’s a different area, we’re not talking where the main drain…

President Thompson stated, come on up here.

Larry Norris stated, well, I heard you talking about a ravine.

There was discussion among the Board members and the audience members.

Attorney Altman asked, so you’re talking about the North of lot #1….

Larry Norris stated, but, a lot of this water comes through, Charlie Reidelbach lives on the corner…

Attorney Altman asked, so that’s North of lot #1 right, or South of lot #1?

Larry Norris stated, South.

Attorney Altman stated, South of lot #1, so the Board down there can understand what we’re talking about here.

Larry Norris stated, the water comes off of the field there and comes down between the two houses and comes to my property. Sometimes it gets 6’ deep at times and washes out and goes on though my property so there is a lot of water that sheds through there. I know that he’s talking about putting some…

Jim Paschen stated, the question of 6’ isn’t fairly high here and it’s just a low area, all of the low areas are over here.

Larry Norris asked, Howard, how deep would you say the water gets on the road?

Howard Peoples stated, I’m a property owner in Woodhaven Addition. During rains these rains that you get about once every 5 or 6 years where you maybe get 6” in a couple of hours, it will come through there 6’ deep, it’s just fill in washers…

Larry Norris stated, that’s like my yard, I don’t know if you have ever been in my back yard but, I have it sloped and I have to keep it that way because, there is so much water that’s come through there. I just want you to be aware that some of that water comes through the drain where Erden use to live…

Jim Paschen stated, I know where there’s some water but, I just question….

Larry Norris stated, well, I have mine banked and when it gets, it gets deep.

Jim Paschen stated, some of that water could be coming off, not all off me…

Larry Norris stated, no but, I’m just saying…

Jim Paschen stated, I mean it’s coming off of you guys too, that addition back there.

Larry Norris stated, I’m just saying that they need something…

Jim Paschen stated, I don’t see water come across the road 6’ deep.

Larry Norris stated, well, I couldn’t cross the road one day back there because, it was so…

Jim Paschen stated, yes, down at the county…

Larry Norris stated, yes…

Jim Paschen stated, yes 13” rain in a week, I have seen that too, I think that we have all seen those kinds of deals.

President Thompson stated, okay.

Jim Paschen stated, that’s where the county ditch is, this over here, there isn’t anything here, we don’t have any drains that I know of going South at all.

President Thompson stated, I’m like Jeff, not an engineer but maybe before you present this to the drainage Board you might make this a little more clear in this area.

Jim Paschen stated, yes, he’ll have a, Paul will…

President Thompson asked, alright, any other discussion?

Kit Caster stated, I’m actually the property just South of it, about a 4 acre lot there on off of number 4. I guess the biggest thing that I’m trying to know right now, we’re talking about a variance. I really don’t have a problem with the variance per-say but, if it does start infringing on where the water drainage, as everyone has touched and I didn’t realize that we would touch that as much. I have a feeling that might an issue because, that does come through the back of my property, use to own it at one time and Les Howard is the one that owns it now. That part of the dam and that was a problem that we had a while back with the county, they had put in a new drainage tile and it’s a waterway that comes from Jim and everything but, they put in a drainage tile. What the sad part was, all of these years everything had worked pretty good with the size tiles in there and all of a sudden there was a big fiasco about all of this 2’, 3’ tile had to be put in. What happened is when the county installed the tile there, which I assume that is your retaining pond, it’s going to be adequate for the six and everything…

Jim Paschen stated, that’s the Drainage Board and it has to pass the State Board and everything else before we can do it…

Kit Caster stated, right, I was just going to say if the setbacks, if they are adding more properties in just and going to create more, I see that being a problem. Like I say, I’m just touching, trying to figure out because, I guess what I was getting to is the county…

Attorney Altman asked, do you want to look at this?

Kit Caster stated, yes, the sad part is, we haven’t seen any of this…

Attorney Altman stated, come up and look at this…

President Thompson stated, yes…

Jim Paschen stated, you’re welcome to look at it.

Kit Caster stated, no, that’s what I’m asking you know and also too, I have a letter from Les Howard, he asked me to bring that to you folks…

Attorney Altman stated, please look at this…

Kit Caster stated, like I was saying, the county when they did install it, the sad part is that no one caught it and did that much about it but, when the tile was installed. When they were compacting it the tile went down lower than it originally was and it created a problem so, we probably will have to touch that somewhere else but,…

President Thompson stated, yes, there will be another time for…

Attorney Altman stated, while you’re looking at that, I’m going to read this letter for the record dated March 21, 2002. The letter from Les Howard was read into the record.

President Thompson asked, can I see that just a second?

Attorney Altman stated, sure, you bet.

David Scott asked, where does Les Howard live from…

Jim Paschen stated, he lives…

Kit Caster stated, directly South of lot #3.

Jim Paschen stated, but, that is not our intent, I think that the smallest lot that we have on here, I would say thing one is…

Attorney Altman stated, the smallest lot that I see there is 1.001 acres.

Jim Paschen stated, yes, there’s only two of those, I think the rest of them are all bigger…

Attorney Altman stated, well, the 1-acre is the minimum requirement.

Jim Paschen stated, this one and that one and most of them are 1.25 and there are 3 lots maybe under 1.3…

Attorney Altman stated, understand the Board, that is not part of the variance.

President Thompson stated, yes, that’s a different…

Attorney Altman stated, that is a fact but, that is not part of the variance.

Marilyn Paschen asked, can I ask a question here Director Weaver, have these people been wrote the letters, was this not available in your office Director Weaver?

Director Weaver stated, it was available…

Marilyn Paschen asked, did any of them come see it before writing the letter?

Director Weaver stated, I can not answer that, I don’t…

Marilyn Paschen stated, because we have not had the first one of our neighbors come and ask and inquire about, what are you plans where and it has been posted legally for, I just want to point that out.

Director Weaver stated, the girls in the office probably would have dealt with them so, I can not answer your question.

Marilyn Paschen asked, but, it was available?

Director Weaver stated, yes, it was available.

Marilyn Paschen stated, okay, from just the sound of their letters, maybe there not sure what we’re asking for and what Jim is asking for but,…

Director Weaver stated, what I can tell you is, I do know that the file was back in my office and a couple of times one of the girls did come back and get it. Whether she showed anything to anyone or whether they asked to see anything I can not answer that.

Attorney Altman stated, one note is that Les Howard did come in the office and something on ponds, questions on ponds going in and restriction on the subdivision is what this says. So yes, some of them did come in to see it, the plans okay and that would be Mr. Howard specifically.

Marilyn asked stated, I think at one time was he looking at possibly he was requesting some of that water Jim for his pond?

Jim Paschen stated, well…

President Thompson stated, can I interrupt here just a second, I’m the one that started this, first of all, we are not the Drainage, Board, I should not have even brought up the drainage issue, I guess…

Attorney Altman stated, no, it’s certainly, it was brought up by a letter.

President Thompson stated, yes, I wanted to address it though a letter, correct…

Attorney Altman stated, ligament complaint…

President Thompson asked, and I think that we’re going deeper into this drainage issue than really this Board needs to right, or not?

Attorney Altman stated, it’s certainly relevant…

President Thompson asked, you follow what I’m saying…

Attorney Altman stated, it’s as deep as you want to get it.

Jim Paschen stated, I’m here to explain whatever you want to ask.

President Thompson stated, that’s right and we’re not going to vote yes or no on drainage tonight it’s not our job. I started the whole ball rolling because, of the letter being concerned about the drainage and it’s…

Kit Caster stated, now the only thing that I touched on was I wasn’t aware, I really didn’t know that there was a plan out there and I was just like okay, we’re trying to put in more lots. I can see a problem because of that but, obviously, because of the size of the lots we’re not trying to create more lots so I don’t have a problem with the variance.

David Scott asked, what are the actual setbacks at that they are requesting?

Director Weaver stated, on your plat if you will work at it, it shows that they are requesting 32’ on the front, and then on the State Highway it shows 50’.

Jim Paschen asked, is it 40’ on the…

Director Weaver stated, it’s a required 60’ on the County Road and 80’ on the State Road.

There was discussion among the Board members and the audience members.

David Scott asked, are these lots actually 60’ off of the road then here?

Jim Paschen stated, this is 319’ wide it goes from here to there, this one is 205’, 220’ this is 212’…

David Scott asked, this is actually the building area?

Jim Paschen stated, yes.

President Thompson stated, if I could interrupt here, we have one other person that wants to address.

Larry Norris asked, two questions, one what is the setback on the county road?

Director Weaver stated, 32’.

Larry Norris asked, and you’re asking for what?

Jim Paschen stated, it’s 32’ that we’re asking for.

Director Weaver stated, that’s what they requested, the required is 60’.

Larry Norris asked, and you’re cutting that in half, 50 percent close right?

Director Weaver stated, approximately.

Larry Norris asked, another question, do you have, maybe this is not for tonight but, restrictions on the subdivision?

Jim Paschen stated, yes.

Larry Norris asked, for size of houses and…

Jim Paschen stated, houses and everything.

Director Weaver stated, we do have a set of those in the office…

Jim Paschen stated, I would be glad to give them to you.

Larry Norris stated, yes, I mean we’re not trying to stop, I’m a builder, developer myself and I’m just concerned…

Jim Paschen stated, yes, I’ll be glad to give them to you.

President Thompson asked, sir, did you hear what Director Weaver said?

Director Weaver stated, we also have a set in the office that you can view.

Larry Norris asked, okay, and they are planning on putting septic tanks in these areas or are you waiting for the sewer system to come through?

Jim Paschen stated, lots sell as a septic tank until the sewer system comes through and then they will have to hook up I guess, that’s what I have been told. Immediate hookup once the septic system goes by.

President Thompson asked, is there anything else? Any discussion from the Board? Let's vote.

With no further discussion the Board voted.

The Board finds the following:

1. That the building site is property zoned A-1, Agricultural.

2. That the lots are lots in a proposed subdivision


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 front and rear setback variances as shown on the plat for the proposed Coyote Run Estates Subdivision being a part of the East Half of the Northwest Quarter of Section 27, Township 27 North, Range 3 West, Union Township, White County, Indiana, more particularly described as follows:

Beginning at the southeastern corner of the said Northwest Quarter; thence North 89° 18’14” West along the southern line of the said Northwest Quarter for 1,103.16 feet to the southeastern corner of a 1.50 acre tract conveyed to Richard and Phyllis Johns as recorded in Deed Record 01-12-007079 in the Office of the Recorder for White County, Indiana; thence North 0°57’44” East along the eastern line of said 1.50 acre tract for 326.70 feet to the northern line of said 1.50 acre tract for 200.00 feet to the northwestern corner of said 1.50 acre tract, said point being on the western line of the said East Half of the Northwest Quarter; thence North 0°57’44” East along the western line of the said East Half of the Northwest Quarter for 547.46 feet; thence South 89°04’28” East for 1.302.60 feet to the eastern line of the said Northwest Quarter; thence South 0°55’32” West along the eastern line of the said Northwest Quarter and the approximate centerline of State Road 39 for 869.01 feet to the point of beginning, containing 24.569 acres, more or less.

Lots #1 through #19 in the Proposed Coyote Run Estates Subdivision.

COMMON DESCRIPTION: The property is located in Union Township on the Northwest corner of State Road 39 and Woodhaven Court.

6. 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 0 negative.

Attorney Altman stated, again, reciting the situation on petition #2088, obviously the requirement is first of all that the drainage plan for this proposed subdivision will have to be approved by the White County Drainage Board and in compliance with that addition. Obviously, a subdivision has to be approved by the White County Area Commission, or there isn’t anything to vary on I guess, anything else that you can think of?

President Thompson stated, I don’t believe so.

Attorney Altman stated, we should recite at this time, subject to that. You need to proceed on the rest of it.

****

#2089 Reynolds Atkins Family Trust, Owner; Larry Reynolds, Applicant; Requesting a 23’ rear setback variance to build a solarium addition onto the existing sunroom and a 15’ rear setback variance to bring the existing sunroom into compliance with the White County Zoning Ordinance on lot #28 in Pleasant Valley Addition No. 3. The property is located in the South of Monticello at 5694 E. Cedar Point Road.

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

George Sheehan stated, I’m standing in for Larry Reynolds, his mother passed away last Tuesday and he’s in Arizona taking care of that.

President Thompson asked, and your relationship to him?

George Sheehan stated, I’m a neighbor.

President Thompson asked, you are a neighbor?

George Sheehan stated, yes.

Attorney Altman asked, where is your property Mr. Sheehan?

George Sheehan stated, I’m at 2523 South Airport Road. He’s in the middle of the canal and I’m at the end of the canal.

Attorney Altman asked, so you’re not adjoining?

George Sheehan stated, not adjoining, no.

President Thompson asked, just a second, just curious, can we allow that?

Attorney Altman stated, sure.

President Thompson stated, never had that…

Director Weaver stated, well and for the record, Mr. Reynolds did notify me that there may be someone here representing him tonight.

President Thompson stated, alright.

Attorney Altman stated, it would probably be better if he had say someone that might be nicer, if he hired an attorney or someone like that to handle that.

George Sheehan stated, well, it was sudden because, he did loose his mother on Tuesday.

President Thompson stated, I understand.

George Sheehan stated, he did brief me a little bit, I would be glad to try to answer any questions.

President Thompson asked, okay go right ahead, do you have any more to present to us?

George Sheehan stated, no but, I would if you have any questions, I would be glad to try to answer those.

President Thompson asked, did you get any response from anyone?

Director Weaver stated, we have not had any response from any neighbors.

President Thompson stated, okay.

George Sheehan stated, I might stipulate that all of the variance and everything that he’s asking for and the building that he is doing is at the back of his property and on his property but, the setback as I understand is in the middle of his property site.

President Thompson asked, have you seen the actual survey?

George Sheehan stated, yes.

President Thompson asked, and you agree with everything there?

George Sheehan stated, yes.

Attorney Altman asked, I that his wood deck?

George Sheehan stated, yes.

Attorney Altman stated, it is not on his property.

George Sheehan stated, that is being used by him yes.

Director Weaver stated, it’s down by the water.

George Sheehan stated, but, it’s down by the water.

Director Weaver stated, it’s next to the water.

Attorney Altman asked, you know that we’re not varying that or allowing that?

George Sheehan stated, yes.

Director Weaver asked, Mr. Reynolds had mentioned to me that he might send plans with you for this addition, did he do that?

George Sheehan stated, yes.

Director Weaver stated, that might answer a lot of the questions that the Board might have.

Attorney Altman asked, so the plans show that it will be a single story addition?

George Sheehan stated, yes, it’s a solarium really and the roofline of the solarium goes underneath the existing roofline.

President Thompson asked, would you explain to him on that?

Attorney Altman stated, we keep that, we’ll make copies…

President Thompson stated, we’ll make copies…

George Sheehan stated, I was going to say maybe I should make a copy, or get a copy.

Director Weaver stated, he was aware that we would keep this, I did inform him of that.

Attorney Altman stated, that would be exhibit A, pages 1 and 2.

Director Weaver stated, we will get him a copy of that.

Attorney Altman stated, yes, we can certainly let him have the original back although I’m not sure, whatever he needs.

President Thompson asked, is there anything else sir?

George Sheehan stated, no, unless you have other questions.

President Thompson stated, we may.

Attorney Altman asked, so it’s not living quarters?

George Sheehan stated, not he is planning on putting a hot tub I guess that you would call it, Jacuzzi inside of the solarium. He has a picture of the solarium, I don’t know if he gave that to you or not, I think that’s on the front of what I gave you.

President Thompson stated, yes.

Attorney Altman asked, is this on the sewage system yet through there?

George Sheehan stated, he has the grinder in his location…

Attorney Altman asked, so it will be there directly…

George Sheehan stated, will be shortly yes.

Attorney Altman stated, very shortly.

George Sheehan stated, yes.

Attorney Altman stated, so that we’re not worried so much about a septic system.

President Thompson asked, no response form anyone?

Director Weaver stated, no response from anyone.

President Thompson asked, anyone here opposed to the variance or to speak in favor of? Concerns from the Board? Nothing, if not are you ready to vote?

The Board stated, yes.

President Thompson stated, okay.

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

3. That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit.

4. That no objectors were present at the meeting.

5. That proper notice was given by mail to adjoining property owners.

6. That the request is for a 23’ rear setback variance to build a solarium addition onto the existing sunroom and a 15’ rear setback variance to bring the existing sunroom into compliance with the White County Zoning Ordinance on Lot #28 in Pleasant Valley Addition No. 3 in Union Township, White County, Indiana.

COMMON DESCRIPTION: The property is located South of Monticello at 5694 E. Cedar Point 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 4 affirmative and 0 negative.

Attorney Altman stated, subject to the testimony, single story and build as Exhibit A pages one and two set forth. He needs to get a building permit before he proceeds.

George Sheehan stated, okay, very good, thank you.

****

#2090 Elizabeth A. Luse; Requesting a 20’ front setback variance to build a roof over an existing 8’ x 16’ deck on lot #95 and the South side of lot #96 in Lake Manor Addition. The property is located in the City of Monticello at 604 Twin Lakes Avenue.

President Thompson asked, anyone here, and you are?

Elizabeth Luse stated, Elizabeth Luse.

President Thompson asked, would you like to come forward. Do you have anything additional to present to us tonight?

Elizabeth Luse stated, no.

President Thompson asked, Attorney Altman, do you have anything there in the file?

Attorney Altman asked, looking at that, do you have a building permit for this?

Elizabeth Luse stated, for the yes, for the deck. I have to get the building permit for the roof yet.

Attorney Altman asked, and you have started the roof right?

Elizabeth Luse stated, he just put those up and that’s when I found out that I had to have a permit for the roof and having to see you guys.

Attorney Altman asked, who is your contractor?

Elizabeth Luse stated, Bob Christianson.

Attorney Altman asked, where does Mr. Christianson work from? What is his address?

Elizabeth Luse stated, I couldn’t tell you his address he moved recently. Off of Springboro Road.

Attorney Altman stated, well, we get, shall we say disappointed when a White County Builder doesn’t get a building permit for his clients and we’re not, we’re just a little bit tired of that, it presents violations and creates violations and…

Elizabeth Luse stated, he does this, excuse me, for interrupting, he does this as an extra job so, he may not be aware that he was suppose to.

President Thompson asked, has he done this type of work, have you know him long, that type of thing?

Elizabeth Luse stated, he did do some construction work with his, I think it was his brother, I couldn’t tell you his name.

President Thompson asked, but, how long have you known this individual yourself?

Elizabeth Luse stated, approximately 18 years.

President Thompson asked, have you known him well enough to know that he’s kind of picked up side jobs like this all along?

Elizabeth Luse stated, yes.

President Thompson stated, alright.

Elizabeth Luse stated, yes, right around there in my neighborhood, he’s put some siding up for people and put some windows in. He fixed an existing overhang on a lady’s house that was already there it just needed to be, some of it torn off and replaced because it rotted.

President Thompson asked, what is his main occupation?

Elizabeth Luse stated, he works for Isom’s, bridge construction and so forth.

President Thompson stated, okay.

Attorney Altman stated, Director Weaver I just brought the issue you said about the fact that it’s already been started. I would think that the Board would want the very least that to get his name and address and get him to come in and get compliance. I have no, other than inexperience have no excuse indicated why he didn’t get this to start with. I don’t know how hard to make this but, I think that would be the minimum that we have that he would be required to come in and do that and get himself educated if nothing else.

President Thompson stated, ma’am, you’re not the first that this has happened to and I’m not picking on this individual, we deal with this too much.

Gary Barbour asked, how did this get caught?

Attorney Altman asked, Director Weaver, how did this get caught?

Director Weaver stated, I went out, I wasn’t aware that it was started until, I went out to take the pictures for tonight’s meeting.

Elizabeth Luse stated, that possibly been part of my fault too because when, see we built the deck over an existing cement slab and he knew that I wanted it roofed. I got the permit for the existing, or to rebuild the deck, a deck over the slab okay, and he may have taken it that okay I can go ahead and start this. Then I came back up and was told, and I went back and told him then that we had to stop it until I come up here to the meeting.

Director Weaver asked, how far along is it at this point?

Elizabeth Luse asked, it just has the supports, what do you call it?

Attorney Altman asked, rafters?

Elizabeth Luse stated, yes.

Attorney Altman stated, I guess what I’m thinking more than anything and the Board can certainly go either way is, once maybe luck will be on our, at our cost. I certainly feel like we should require him to come in and get educated so that the next time it’s on his watch and we fine people 300 dollars a day for violations like this. We don’t like to do that but, and this is just, but, we don’t like to have people come in and have to remove property line you have heard someone just before you have to remove it because they violated and basically didn’t know where their lot lines were.

Gary Barbour asked, excuse me, applying for this variance now once she got a permit for the deck is that right?

Director Weaver stated, my understanding was that she got the permit for the deck at that time I believe she was informed that she would have to have a variance for the roof.

Elizabeth Luse stated, yes.

Director Weaver stated, and then preceded to get her survey.

President Thompson stated, I think that it at least deserves a letter pointing out…

Attorney Altman stated, and I think that he should be required to come in and get fully educated by the department.

President Thompson asked, so Board, what are your wishes here tonight?

Gary Barbour stated, I think that she is trying to get it into compliance not necessarily going ahead and just trying to throw it up there, I mean she’s trying to get her variance and knew that she had to have for the deck. It’s probably just a misunderstanding between her and the contractor it’s still not approved but, I think the contractor still needs to be brought, bring him in and explain it to him.

President Thompson asked, Dave?

Dave Scott stated, we need to send him a letter or something to let him know that if he does this work to make sure that he has the proper permits.

President Thompson asked, a letter from the Board as in stopping by the office or just a letter stating we would appreciate if he followed the proper procedures?

David Scott stated, mainly an invitation to come to the office if he has any other questions about what is required.

President Thompson asked, okay, that’s fair enough. Do you understand ma’am what we’re saying?

Elizabeth Luse stated, yes.

President Thompson stated, a little refresher course.

Elizabeth Luse asked, is he going to be fined then or am I going to be fined?

President Thompson asked, it’s up to the Board, we can, it’s obvious that we can but, its whether we want to, what are the Board’s wishes?

David Scott asked, can we make it so he comes in and talks to Director Weaver before the next meeting, we will wave the fine this time? I think that we can go ahead…

President Thompson asked, legally we can do that?

Attorney Altman stated, that’s right, exactly, I think that’s a good compromise.

Elizabeth Luse stated, I appreciate that because, one reason that I was doing this deck and the roof is I had to put a ramp in, I’m facing some major surgery, hip and knee and I needed the ramp in. I also have a disabled brother that lives with me and he’s one of these guys that does become a hermit and he only gets out of the house when I have to take him to the doctor. I thought that maybe if I fixed the porch up because one excuse is that the cement was starting to crumble and he couldn’t get out there and I thought okay we’ll fix you and I thought maybe it would get him out there more in any kind of weather, of course it would it would be nice weather.

Attorney Altman stated, would you please give us your contractors name and address, I know that you gave us his name but the address to Director Weaver. He will be required, subject to, he will be required to see Director Weaver and maybe get educated as we say or he will have to be at the next meeting.

Gary Barbour stated, I think that we need to put a time frame…

Attorney Altman stated, within 2 weeks.

David Scott stated, that’s fine.

President Thompson stated, that’s fair.

Attorney Altman asked, or 10 days, let's say 10 days so we can notice him up for the meeting, if he doesn’t. Is 10 days all right?

The Board stated, yes.

Elizabeth Luse stated, hopefully he’s not, he was laid off right then, not really laid off but Isom’s didn’t have a job on going job and that’s what he does on the sideline then so if he’s not…

President Thompson stated, just be in touch with the office in some fashion.

Attorney Altman stated, he’s got 10 days to get in there okay.

Elizabeth Luse asked, okay, is it approved then?

President Thompson stated, we’re getting to that point.

Elizabeth Luse asked, we have to wait?

President Thompson stated, well, we’re going to find out here in just a little bit.

Elizabeth Luse stated, okay, I’m sorry.

President Thompson asked, that’s alright. Is there any other discussion?

David Scott asked, did you hear from the neighbors?

Director Weaver stated, I have not had any complaints, no.

President Thompson asked, if there is nothing else, is the Board ready to vote?

With no further discussion the Board voted.

The Board finds the following:

1. That the property is properly zoned R-2, One and Two Family Residential.

2. That the lot was an existing lot of record at the time of enactment of the ordinance, as defined in Section 2.114.

3. That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit.

4. That no objectors were present at the meeting.

5. That proper notice was given by mail to adjoining property owners.

6. That the request is for a 20’ front setback variance to build a roof over an existing 8’ x 16’ deck on lot #95 and the South side of Lot #95 & 5.00 feet of even width off the South side of Lot #96 in Lake Manor Addition to the City of Monticello, White County, Indiana.

COMMON DESCRIPTION: The property is located in the City of Monticello at 604 Twin Lakes Avenue.

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 4 affirmative and 0 negative.

Attorney Altman stated, subject to the contractor getting with the Area Plan Department and Director Weaver specifically within 10 days, this matter as a violation will be considered resolved, if he does not do that he will have to appear at the next meeting and the violation will then be considered. You need to get a building permit to comply with the variance before you proceed at all anymore.

Elizabeth Luse stated, thank you very much.

President Thompson stated, you’re welcome.

Attorney Altman stated, you’re welcome.

****

#2091 Farmers Co-Operative Company; Requesting a 27’ height variance as per Section 10.20, Article 10.2001 of the White County Zoning Ordinance to build a new grain bin on .52 and .96 of an acre. The Ordinance has a maximum height requirement of 50’ and the proposed grain is going to be 77’ in height. The property is located in the Town of Wolcott at 200 W. Scott Street.

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

Joe Ruemler was present to represent this request.

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

Joe Ruemler stated, no, I don’t.

President Thompson asked, nothing at all?

Joe Ruemler stated, no.

Director Weaver stated, I do. We received this afternoon and I’m not sure if you are even aware of this who is the Attorney for the Drainage Board they did have to request a variance from the setback requirement from a regulated drain beside this property and they have been granted that. This agreement has not been signed yet but, Mr. Loy informed me that they are going to sign this and that has been approved.

President Thompson asked, any other response from anyone?

Director Weaver stated, no, that’s all that I have.

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

Jeff Saylor stated, I don’t think so.

President Thompson asked, is there anything else? I think that we’re ready to vote. Did you have something in there that you wanted to put, okay, well, I seen him get a letterhead there…

Attorney Altman stated, no, it’s just that we have the State release and that’s in the record.

With no further discussion the Board voted.

The Board finds the following:

1. That the building site is properly zoned I-1, Light Industrial.

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 27’ height variance as per Section 10.20, Article 10.2001 of the White County Zoning Ordinance to build a new grain bin out of that certain Block of land situated in the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section Twenty-five (25), Township Twenty-seven (27) North, Range Six (6) West, described as follows:

Beginning at a point 135 feet East of the Southeast corner of Lot No. 45 in the West Side Addition to the Town of Wolcott, White County, Indiana, running thence North One hundred and thirty (130) feet, thence East parallel with the center line of the Main Tract of the Pittsburg, Cincinnati, Chicago & St. Louis Railway and fifty (50) feet distance there from; East to a point three hundred twenty-two (322) feet; thence South one hundred thirty (130) feet; thence West three hundred twenty-two (322) feet to the place of beginning, all in the town of Wolcott, White County, Indiana.

A block of land situated in the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section Twenty-five (25), Township Twenty-seven (27) North, Range Six (6) West; described as follows: Beginning on the West line of Second Street in the Original Plat of the town of Wolcott, White County, Indiana, sixty (60) feet North of the Northeast corner of Lot Number One (1), Block H Original Plat to the town of Wolcott, Indiana, as the place of the beginning, thence running North One Hundred and thirty feet (130), thence West one hundred seventy-five feet, parallel with the center line of the main track of the Pittsburg, Cincinnati, Chicago and St. Louis Railway; thence South one hundred thirty (130) feet; thence East one hundred seventy-five (175) feet to the place of beginning.

COMMON DESCRIPTION: The property is located in the Town of Wolcott at 200 W. Scott Street.

7. That the variance herein authorized and granted is not so typical or recurrent in nature as to make typical or recurrent the formulation of a general regulation under an amendment of the ordinance for the above said condition or situation of the above said specific piece of property, and the Board additionally finds that the above said variance is based on the findings of fact so made that are required to be made under the provisions of Section 10.20 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 4 affirmative and 0 negative.


Attorney Altman stated, subject of course to the execution of the agreement for limited consent to encroach a regulated drain right-of-way as testified by too our Director Weaver that Mr. Loy indicated that would be properly executed and the parties agreed to and applied with the variance request is granted. You need to get a building permit.


Joe Ruemler stated, thank you.

****

President Thompson asked, do we have any business, Director Weaver?

Director Weaver stated, I don’t think that I have anything .

Attorney Altman stated, the only thing that we have and real briefly is, remember some time ago we had the garage and he tried to get a height variance on, well apparently we have taken to court to take it down below. They had an attorney and they were talking about getting a variance for attaching it and getting a variance for the rest of it. We have not heard anything at all about that right Director Weaver?

Director Weaver stated, no I have not had any contact with them.

Attorney Altman stated, so apparently it’s going to trial, May 16th or something like that.

Director Weaver stated, the 10th sticks in my mind, it’s in May.

Attorney Altman stated, that’s about all that I know other than we told them of course that, that last time they removed the…

Director Weaver stated, about the deck, well, was that this Board or was that APC?

Attorney Altman stated, maybe it wasn’t here.

Director Weaver stated, we did have a deck that was built on S.F.L.E.C.C. property…

Attorney Altman stated, as well as being too close…

Director Weaver stated, we pursued that for quite come time but, finally did get that deck removed, they could not get approval through S.F.L.E.C.C. so they could not request a variance because it would only leave like 2’ on their property. So they have removed the deck and just so that the Board knows, that is another Buck Stevenson deck.

Attorney Altman stated, I will tell you, I was pretty embarrassed by that situation. I don’t care what, who he blames that on.

David Scott asked, this one tonight?

Attorney Altman stated, yes, that was pretty embarrassing to have a White County contractor that does this day in and day out not some guy from Isom’s that doesn’t know, well maybe he does…

President Thompson stated, picking up side line jobs and…

Attorney Altman stated, but, this man is a contractor on our lake all of the time and that’s why I grilled him a little bit more than made sure that he said yes about some things that and knew about it.

David Scott asked, that’s not the way that, maybe that’s the way that things were ran when the other fellow was here, is that not an accurate statement?

Attorney Altman stated, well, maybe so but, he hasn’t been here for 2 years or 3 years…

Gary Barbour stated, I would say what that was a misunderstanding between the two…

Director Weaver stated, he’s been gone longer than that…

President Thompson stated, yes, he has.

Director Weaver stated, 1997 he left so we’re going on 4 ½ years that he’s been gone. It’s the contractors responsibility to keep up with the changes and rules and regulations.

David Scott stated, but, Mr. Ferdinand told him that he didn’t need a permit…taking his word for that.

Director Weaver stated, but, there again, up until last year, every spring I had an ad ran in the paper that decks needed permits so if there was any question they should have checked again.

David Scott asked, but, this didn’t happen long before that?

Director Weaver stated, it happened, it was built in 1999 according to what they said I believe.

Jeff Saylor stated, maybe the contractor talked to Ray not necessarily about this project but, maybe 3 years before he had heard that you don’t need permits for a deck.

Attorney Altman stated, I agree but, he knows now.

Jeff Saylor stated, it seems to me that anyone that lives North of U.S. 30 in Indiana has no concept of permits in White County.

President Thompson stated, yes, you’re exactly right there.

Director Weaver stated, she does now. You know what, that one that just got removed falls in that category too.

Jeff Saylor stated, there was a similar deck that the I think that the school principal I think from Crown Point had the deck built from side to side it was kind of the same thing. He didn’t encroach I don’t think in the front but,…

President Thompson stated, yes.

Director Weaver stated, yes.

President Thompson asked, is there anything else?

Director Weaver stated, we do have another pending lawsuit so that the Board, just to keep you updated on those with the flood area. We issued a permit for a change of a roofline on a home, on a mobile home and the owners proceeded to do a change of roofline but, then pulled the mobile home out and completed the rest of the house, not only are we pursuing this because they are in a floodway, not only are we pursuing this on our end but, so is the DNR and there is a hearing tomorrow in Indianapolis with the DNR regarding this situation.

President Thompson asked, who is doing this project?

Director Weaver stated, they may wind up, I’m not so sure that they will get permitted through the DNR to leave this structure there. Just so that you know also Attorney Altman is not representing us on that case we have an attorney, Dow Dellinger is representing us, Attorney Altman could not do that for us.

President Thompson asked, is there anything else?

Attorney Altman stated, I think that’s it.

Director Weaver stated, I can’t think of anything else.


The meeting adjourned.

Respectfully submitted,

Gary Barbour, Secretary

Diann Weaver, Director

White County Area Plan Commission