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The White County Board of Zoning Appeals met on Thursday, June 20, 2002 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Gary Barbour, David Scott, Carol Stradling, Jerry Thompson and Jeff Saylor. Also attending were Attorney Jerry Altman and Secretary Cindy Hall

Visitors attending were: Joyce Fulford (Twin Lakes), Carolyn Schnelle, Sam & Donna Haskins, John & Lori Lehe, Bill Metzger, George Green, Donna Turner, Terry & Bee Reagan, Kathryn Jones, Loyd Clerget (Twin Lakes Regional Sewer District), Gary W. Bell (Bell Farm RE LLC), David G. Brechbiel, Phil Gutwein, Dave Anderson, Steve Mitchell, Darin Bishop and Brian Bishop

The meeting was called to order by President Jerry Thompson and roll call was taken. No minutes were available to approve.

Attorney Altman swore in all Board members and audience members.

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#2110 Terry L. & Beulah A. Reagan; Requesting a 20’ front setback variance for a new home and a 4’ front setback variance for an unroofed deck on the property. The property is located in Union Township at 5248 S. Gingrich Court.

President Thompson asked, is anyone here representing the Reagan’s? Do you have any additional information you would like to present the Board tonight? Nothing? Do you have any additional information for the Board?

Secretary Hall stated, no, we have not received any calls on this. I did give the Board tonight, S.F.L.E.C.C., did give us a letter, they had given us one prior to that is in the file but, the address and lot number was incorrect on that. So we received the most current one today but, we have not had any phone calls.

President Thompson asked, anyone here care to address the variance?

Beulah Reagan said, we couldn’t hear what she said.

President Thompson stated, excuse me?


Beulah Reagan stated, we couldn’t hear what she said.


Secretary Hall stated, sorry, S.F.L.E.C.C. had given us a letter today. They had given us one prior too, but, the address and the lot number were incorrect on it. So Joe had brought over a new one today and that’s what I gave the Board tonight.

President Thompson asked, they don’t have a copy of it?

Secretary Hall stated, no, I just received it today.

President Thompson asked, would you like to see it?

The letter from the S.F.L.E.C.C. was read out loud to the Board members and the audience members.

Attorney Altman stated, this letter just corrected the address and the lot number.

President Thompson asked, does anyone else care to speak for or against this variance this evening? Any questions from the Board?

Carol Stradling asked, I guess I just want to clarify you have two front setback variances that you are requesting. One of the setback requirements for the deck is different than the setback requirement for the house, so when I first read that, I questioned that and I was wondering there’s a house to the West? Is it encroaching on S.F.L.E.C.C.?

Attorney Altman stated, looks like it is half way across.

Beulah Reagan stated, I didn’t swear in…

President Thompson asked, could I have your name please?

Beulah Reagan stated, I’m Beulah Reagan, they said that we had to…

Attorney Altman stated, please stand and I will swear you in.

Attorney Altman swore in Beulah Reagan.

Beulah Reagan stated, when we went for the variance, they said that the house, the main part of the house had to be, what 10’ but, that we could go up to 4’, with the deck part that isn’t covered. They said if we ever had to cut that, yes, unroofed, so that’s the reason they put that in there.

Carol Stradling asked, who’s they?

Beulah Reagan stated, the gal behind you from that office. So that’s why they worded it that way. I mean our house will be definitely at least 10’.

Carol Stradling asked, and there’s no home there now?

Beulah Reagan stated, no.

President Thompson asked, anyone else? Jerry?

Attorney Altman asked, yes, when will the sewer system be in, servicing this area?

Beulah Reagan asked, us?

Attorney Altman stated, yes, well, whomever.

Beulah Reagan stated, well the, the pump and everything is already there and it’s ready to hook up whenever the sewer system, whenever they get it hooked up.

Attorney Altman asked, so this will go directly on the sewer system?

Beulah Reagan stated, yes, we’ve already made all that.

Carol Stradling asked, is there a reason if this is a new home that you’re not sitting it back further?

Beulah Reagan stated, well as you see, we already have a garage there and if we set it back too far then our house would be looking in the back of our garage instead of out towards the lake because, we have like 90’ or whatever the lot South.

Attorney Altman asked, a single story home?

Beulah Reagan stated, yes, with a basement underneath.

Attorney Altman asked, how many bedrooms?

Beulah Reagan stated, 2 upstairs, one in the basement.

President Thompson asked, anyone else? Jeff, Dave, Gary, Carol, satisfied? If there is no further discussion, are we ready to vote? Okay?

Attorney Altman stated, that would have been when you wanted to table you request, if you’re planning to do so.

With no further discussion the Board voted.

The Board finds the following:

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

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

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

4. That no objectors were present at the meeting.

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

6. That the request is for a 20’ front setback variance for a new home and a 4’ front

setback variance for an unroofed deck on Lot Number Fifty-nine (59) in Gingrich Addition, Union Township, White County, Indiana, and more particularly described as follows, to-wit: A part of the Northwest Quarter of the Northwest Quarter of Section Twenty-seven (27), Township Twenty-six (26) North, Range Three (3) West, White County, Indiana, described as follows:

Beginning at a point in the boundary line of Indiana-Hydro-Electric Company’s property, as platted in Miscellaneous Record “M”, Page 310, in the Recorder’s Office of White County, Indiana, said beginning point located between cement marker post 340; thence continuing West along said boundary line 181 feet to an iron stake; thence Southeast 90 feet to an iron stake (witness also a spring 10 feet West from said iron stake); thence East 132 feet and 8 inches to an iron stake; thence North 90 feet to the place of beginning, containing 1/3 of an acre, more or less.

COMMON DESCRIPTION: The property is located in South of Monticello at 5248 S. Gingrich Court.

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

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


Attorney Altman stated, the variance is of course allowed, you need to get a building permit before you proceed. You do need to get it hooked up to a septic system before you occupy it.

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#2111 John Lehe; Requesting a 42’ front setback variance from County Road 1000 W. and a 20’ front setback variance from County Road 1200 S. to build a room addition onto the existing house. The property is located in Round Grove Township at 9982 W. 1200 S.

President Thompson asked, anyone here representing this variance, and your name is?

John Lehe stated, I’m John Lehe.

President Thompson asked, thank you John. Do you have extra you would like present to the Board tonight?

John Lehe stated, no, not actually.

President Thompson asked, Secretary Hall, anything?

Secretary Hall stated, no, we have not received any calls.

President Thompson asked, no correspondence?

Secretary Hall stated, no.

President Thompson asked, anyone here care to address this either for or against? No one? Good, any questions from the Board, comments?

Attorney Altman asked, proposed addition will be conformed with the rest of the house?

John Lehe stated, yes.

Attorney Altman asked, single story, tying in with the roofline and all that sort of thing?

John Lehe stated, yes.

Attorney Altman asked, this will conform all the way around. Will you then convert the garage to living quarters is that what you…

John Lehe stated, yes, that is correct.

Attorney Altman asked and have the garage in it’s proposed area?

John Lehe stated, yes.

Attorney Altman asked, probably some living area also?

John Lehe stated, laundry and bathroom.

Attorney Altman asked, you understand that you have to the Health Department approval for your septic system and all?

John Lehe stated, yes, he’s been out and it’s all taken care of.

Attorney Altman stated, you need to submit that with your building application, permit application.

President Thompson asked, does the Board have any other questions? Ready to Vote?

With no further discussion the Board voted.

The Board finds the following:

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

2. That the lot 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 42’ front setback variance from County Road 1000 W. and a 20’ front setback variance from County Road 1200 S. to build a room addition onto the existing house on Beginning at the Northwest corner of Section 36, Township 25 North, Range 6 West in Round Grove Township, White County, Indiana; thence East 165.00 feet; thence South 264.00 feet; thence West 165.00 feet; thence North 264 feet to the point of beginning, containing 1.00 Acre, more or less.

COMMON DESCRIPTION: The property is located in Round Grove Township at 9982 W. 1200 S.

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

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

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

John Lehe stated, thank you.

****

#2112 Twin Lakes School Corporation (High School); Requesting a special exception to place a communication tower on the property. This request replaces the Special Exception, #2033, previously granted for a tower in 2001. The property is located in the City of Monticello at 300 S. Third Street

President Thompson asked, is anyone here representing Twin Lakes School Corporation?

Joyce Fulford stated, yes sir, I am Joyce Fulford, Superintendent.

President Thompson asked, like the others, do you have any additional information you’d like to present tonight?

Joyce Fulford stated, the reason that we are asking for this exception is, we found that we were really, it was not ill advised to put the tower that we, that you had given permission on the roof of the building. So we are just sort of moving it in line to the North and putting it on the ground, and the alcove back behind the High School. It will not be any higher than it would have been sitting on the building but, we need to go back through procedure since everything was approved for just a small area.

President Thompson asked, any response from anyone?

Secretary Hall stated, we did have a phone call today, from Mr. Gutwein from the Airport and he had some questions…

Attorney Altman stated, he is here this evening.

President Thompson stated, okay just a second, anyone else?

Secretary Hall stated, no that was the only one we received.

President Thompson stated, okay, all right, so….

Phil Gutwein stated, I am here representing the Airport Board.

President Thompson asked, and your name again, is?

Phil Gutwein asked, how’s that?

President Thompson asked, your name again is?

Phil Gutwein stated, Phil Gutwein.

President Thompson stated, thank you, just for the record. Go ahead.

Phil Gutwein stated, and all we want to make sure is that this tower has the proper permits filed with the FAA and permits from the tall structures act are in order, so that the tower is put up right the first time since it is going to be paid for by tax payers money, so it doesn’t have to be done again. So, I have a letter here from our engineering company, which spells out the forms of this engineering company needs to file with the F.F.A., so it does get the standard approval from that. If I could, I will pass out these copies of the letter.

Attorney Altman asked, we will accept that into evidence as an Exhibit. I would suggest, I would presume that the applicant would comply and get all requirements.

Phil Gutwein stated, well we need to know if he’s going to do this.

Attorney Altman stated, I understand, I think that’s exactly the condition that we will be voting on, that would be a requirement of this Board.

President Thompson asked, did anyone mention any of the, am I missing this, what is the height of this tower?

Phil Gutwein stated, 110’.

Dave Brechbiel stated, 110’ to 120’.

President Thompson asked, excuse me, and your name is?

Dave Brechbiel stated, David Brechbiel.

President Thompson asked, and you are?

Dave Brechbiel stated, I am with the Twin Lakes School Corporation, Information’s System Director.

President Thompson stated, okay, thank you.

Joyce Fulford stated, Mr. Thompson if I may…

President Thompson stated, yes.

Joyce Fulford stated, I have a letter here, a copy of he letter that was sent to Mr. Gutwein on June 12th from Craig Troup who is the Director of Tyco Electronics Corporation who is doing the project for us and he is indicating in this letter, that he has filed the forms 7460-1, notice of the proposed construction or alteration with the Federal Aviation Administration and he also has proposed construction with Bruce Nicholson and that the preliminary result is that the guideline set forth the FAA we can meet that. This High School is 2.25 miles from the airport runway and that point, a tower of a height of 349’ would be acceptable. Our tower, as Mr. Brechbiel has indicated, will be from 110’ to 120’ and we certainly would make sure that we comply with all regulations and guidelines before it was constructed.

President Thompson stated, okay, thank you.

Attorney Altman asked, the 300’ is a consequence of the high structures ordinance right?

Joyce Fulford stated, it just gave…

Dave Brechbiel stated, that’s the calculation they make from the distance to the nearest...

Attorney Altman stated, it’s made so it would comply with the high structure…

David Brechbiel stated, yes.

Attorney Altman stated, Structure’s Ordinance that we have in White County. Just wanted to clarify that for the record and the form our Superintendent is talking about is the form that Bruce Nicholson on Exhibit A is requesting that they in fact do and submit and get approval on it.

President Thompson asked, do you want to enter this officially on the record what it has to be?

Attorney Altman stated, Exhibit A, from Mr. Gutwein.

President Thompson asked, do you need to read aloud for the record?

Attorney Altman stated, okay, all right, thank you. Omitting the formal parts of it, I’ll read the letter. The letter from Mr. Craig K. Troup was read out loud to the Board members and the audience members.

President Thompson asked, anyone else care to address this variance, comments or questions from the Board? Nothing, Carol?

Carol Stradling stated, I don’t think so.

President Thompson asked, Gary, Dave?

David Scott asked, are you satisfied Phil, with this?

Phil Gutwein stated, as long as the forms are in and the permits are in line with the FAA has it’s stamp of approval, we don’t care but, we just don’t want something to happen later on that is going to cost someone more money.

Dave Scott stated, the FAA will surely follow up on this, I mean…

Gary Barbour stated, the forms are on file.

Carol Stradling asked, and is this Mr. Troup completing the forms and have they been submitted yet?

David Brechbiel stated, they have been submitted.

Joyce Fulford stated, he has indicated that they have been and I will certainly guarantee that will happen, I will make sure that they have been.

President Thompson asked, anything else? Then if there is nothing else we are ready to vote?

Carol Stradling asked, I’m sorry Jerry, this contingent upon the rezoning?

Attorney Altman stated, no.

Carol Stradling asked, no?

Attorney Altman stated, no, it is not.

Carol Stradling asked, has nothing to do with that?

Attorney Altman stated, no.

Carol Stradling stated, okay.

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 is a part of 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 special exception to place a communication tower on the property. This request replaces the Special Exception, #2033, previously granted for a tower in 2001 on That part of the West Half of the Southwest Quarter of Section 33, Township 27 North, Range 3 West in the City of Monticello, Indiana described by:

Commencing at the Southeast corner of Lot 26 in McCuaig’s Addition; thence North along the West line of Third Street 401.5 feet; thence West 318.0 feet to the point of beginning;

thence West 150.0 feet; thence North 150.0 feet; thence East 150.0 feet; thence South 150.0 feet to the point of beginning, containing 0.517 of an Acre more or less.

COMMON DESCRIPTION: The property is located in the City of Monticello at 300 S. Third 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 10.20 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorizes the above said special exception under the above said sections of the zoning ordinance.

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

Attorney Altman stated, subject to the condition and requirement that all necessary permits be obtained and apply for obtained as the applicant has indicated, they certainly will do and guarantee. As I understand upon granting this, the applicant is automatically voiding the previous exception allowed for the other site on their premises. Is that not correct?

Joyce Fulford stated, yes, sir.

Attorney Altman stated, thank you, we thought that if this were granted, would be the easiest way to eliminate the prior exception that was granted.

Joyce Fulford stated, thank you very much.

President Thompson stated, you’re very welcome.

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#2113 Excel Co-Op; Requesting a 11’ rear setback variance to build an addition onto the existing business and to bring the existing business into compliance. The property is located in the City of Monticello at 210 W. Harrison Street.

President Thompson asked, is there anyone here representing?

George Green stated, I’m the General Manager of Excel Co-op.

President Thompson asked, and do you have anything extra, George?

George Green stated, I have nothing to add to this. I’m ready to answer any questions concerning our plans.

President Thompson asked, Cindy, any…

Secretary Hall stated, we have not had any calls on this. I just wanted the Board to know that they have shown us the site plan on their parking area and they are meeting the parking requirements. If the Board will notice on your staff report, the three small strips that is to the West side, Excel Co-op does not actually own those lots, the railroad does, so that’s why their request is not for two fronts.

George Green stated, that is correct to our knowledge, yes.

Secretary Hall asked, pardon?

George Green stated, that was correct to our knowledge, yes.

President Thompson asked, office space obviously, George?

George Green stated, actually, this will put the current office into compliance with our new zoning. We just went through the process to rezone from residential to business and it puts our current building in compliance. Then we are going to effectively double our space that the new portion will mostly be out towards the front and away from this railroad where we are requesting the variance.

President Thompson asked, anyone here opposed to the variance or to speak for or against, I should say? Comments, questions from the Board? Nothing?

Attorney Altman asked, in the rezoning and it hasn’t been formally set but, the applicant effectively married all of these lots, the real-estate be owned together with the understanding and a commitment that so long as they use it in this manner, and in this way, they will not sell off any part of their lot, their real-estate at the site and that’s still exactly your position?

George Green stated, that is exactly our plan, not to divide this back up but, simply to add to our office structure.

President Thompson asked, any other discussion? Ready to vote?

Attorney Altman asked, single story?

George Green stated, yes.

With no further discussion the Board voted.

The Board finds the following:

1. That the building site is currently zoned B-1, Business.

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 11’ rear setback variance to build an addition onto the existing business and to bring the existing business into compliance on Lots 75, 78 and 81 in Walker, Jenner and Reynolds Addition to Monticello, Indiana.

COMMON DESCRIPTION: The property is located in the City of Monticello at 210 W. Harrison Street.

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

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

Attorney Altman stated, again, subject to the fact that this is a single story business structure and that all the real estate that the applicant owns at the site will not be sold off, so long as it’s use is continued, the request is hereby granted. You need to get a building permit.

George Green stated, thank you.

Attorney Altman stated, thank you.

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#2114 Bell Farm Real Estate, LLC; Requesting a 2’ separation variance from the existing grain bins. The property is located in West Point Township at 5091 S. 450 W.

President Thompson asked, anyone here representing this variance?

Gary Bell stated, I am.

President Thompson asked, do you have anything Gary?

Gary Bell stated, no.

President Thompson stated, pretty simple, no responses from the community Cindy?

Secretary Hall stated, no.

Gary Bell stated, 6 miles to the closest neighbor.

President Thompson asked, anyone here opposed to the variance to speak in favor of?

Attorney Altman asked the proposed bin will be similar to the other two there?

Gary Bell stated, exactly.

Carol Stradling asked, Jerry, I am not familiar with farm operations. There is no safety hazards presented in those when those are that close?

President Thompson stated, no.

Carol Stradling stated, okay.

President Thompson stated, well I’m not speaking for him but, I have done something very similar to what they are doing there and basically it makes it look, a neater package. The first original two bins you can see the space in between them and to try to make it look like some organization there, I mean that’s what they are shooting for. No, I can’t say there’s any danger.

Carol Stradling asked, so the separation that we have is pretty generic, its not really specific to grain bins or…

President Thompson stated, well that’s something that I really don’t know how this ever got started, how we got a 6’?

Secretary Hall stated, yes.

Carol Stradling asked, is that because of fire?

Secretary Hall stated, no that is standard for any accessory structure, which we have to consider grain bins as accessory. It’s 6’ from side property line, 6’ from the rear and 6’ from any other structure.

Attorney Altman stated, and not knowing that it’s bad that we do this process, it’s just that customary in practice and in the economy in putting up grain bins would be toward the 4’ rather than the 6’. Wouldn’t that be correct?

President Thompson stated, just in lack of better terms, it’s just wasted space, why have that kind of dimension in-between them when there is no need of it.

Carol Stradling stated, thank you.

President Thompson asked, Jeff, Dave, Gary? No one else, ready to vote?

With no further discussion the Board voted.

The Board finds the following:

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

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

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

4. That no objectors were present at the meeting.

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

6. That the request is for a a 2’ separation variance from the existing grain bins on That part of the North Half of the Northeast Quarter of Section 26, Township 26 North, Range 5 West in West Point Township, White County, Indiana, described by:

Basis of Hearings: Indiana State Plane Coordinate System, West Zone

Commencing at the Northwest Corner of the North Half of the Northeast Quarter of Said Section 26; Thence South 00 degrees, 44 minutes 59 seconds East along the Quarter Section Line and the center line of County Road 450 West, a distance of 366.72 feet to the Point of Beginning; Thence South 89 degrees 01 minutes 01 seconds East, a distance of 554.95 feet; thence South 00 degrees 46 minutes 56 seconds West a distance of 295.27 feet; Thence North 89 degrees 37 minutes 30 seconds West, a distance of 546.90 feet; Thence North 00 degrees 44 minutes 59 seconds West along the Quarter Section Line and the center line of County Road 450 West, a distance of 147.93 feet; Thence North 89 degrees 15 minutes 01 seconds East along the South Line of the Bell property as described in Deed Record 228, Page 614, White County Recorder’s Office, a distance of 240.00 feet; Thence North 00 degrees 44 minutes 59 seconds West along the East line of said Bell property, a distance of 140.00 feet; Thence South 89 degrees 15 minutes 01 seconds West along the North Line of said Bell property, a distance of 240.00 feet; Thence North 00 degrees 44 minutes 59 seconds West along the Quarter Section Line and the center line of County Road 450 West, a distance of 13.28 feet to the Point of Beginning containing 3.00 acres.

COMMON DESCRIPTION: The property is located in West Point Township at 5091 S. 450 W.

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

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

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

Gary Bell stated, thank you.

****

#2115 Carolyn S. Schnelle; Requesting a 26’ front setback variance to build a new roofed porch and to bring the existing home into compliance. The property is located in the Town of Wolcott at 412 S. Burke Street.

President Thompson asked, and you are?

Carole Schnelle stated, I’m Carol Schnelle.

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

Carol Schnelle stated, no.

President Thompson asked, all right, Cindy?

Secretary Hall stated, no, we have not received anything.

President Thompson asked, okay, Jerry do you have anything? Nothing, okay, anyone here to address either for or against the variance? Back to the Board, comments or questions?

Carol Stradling stated, on the overhead view that we have…

President Thompson asked, what now?

Carol Stradling stated, the overhead view we have. We have, this is the home, and there’s home and there’s a home. Then on survey, there’s a mobile home and it looks like it’s going the other directions.

Secretary Hall stated, those are off of the Internet and they are not 100% accurate.

Carol Stradling asked, okay, so this is accurate?

Secretary Hall stated, yes, that is the most accurate.

Attorney Altman stated, I think that Mr. Milligan’s surveys are probably more accurate. That’s what I would bank on.

President Thompson asked, and the addition is for, he proposed addition is for?

Carol Schnelle stated, a front porch.

Attorney Altman asked, the front porch would tie in with the roof and would be no taller than the front of the home?

Carol Stradling stated, there’s currently 14’ to the property line and then there’s 20’ to the asphalt.

Sam Haskins stated, yes.

Attorney Altman stated, yes.

Carol Stradling asked, so that 20’, is that a right-of-way or…

Sam Haskins stated, I would assume, they took these measurements, I’m sorry Mr. Haskins.

Jeff Saylor asked, the existing shows, I think maybe where the concrete drive is, is that the 20’ that you’re asking about?

Carol Stradling stated, probably.

President Thompson asked, Mr. Haskins, your relationship to this is?

Sam Haskins stated, I am the contractor doing the work.

President Thompson stated, okay.

Sam Haskins asked, did I answer your question that you had?

Carol Stradling asked, so you essentially have 34’ from the edge of the roadway?

Sam Haskins stated, the roofed porch will come out closer than 26’.

Carol Stradling stated, okay.

David Scott stated, that is pretty typical in our town, on the streets 60’ right of ways and our streets are only about 30’ wide, so there’s most of the time 15’ of grass on each side.

Carol Stradling stated, okay.

President Thompson asked, anyone else here to address the variance for or against? Nothing?

Secretary Hall stated, no.

President Thompson asked, anything else, any other comments from the Board or questions? If not, we shall vote.

With no further discussion the Board voted.

The Board finds the following:

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

Residential.

2. That the lot 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 26’ front setback variance to build a new roofed porch and to bring the existing home into compliance on A tract of land located in the West Half (1/2) of the Southwest Quarter (1/4) of Section Thirty (30), Township Twenty-Seven (27) North, Range Five (5) West in the Town of Wolcott, White County, Indiana and described more fully as follows:

Beginning at a point on the West line of Burke Street, which is South Zero (0) Degrees West Three Hundred Thirty (330) feet from the intersection of the West line of Burke Street and the South line of South Street and running thence North Eight-eight (88) Degrees West One Hundred Twenty-eight (128) feet; thence South Zero (0) Degrees West Eighty-two and five tenths (82.5) feet; thence South Eighty-eight (88) degrees East One Hundred Twenty-eight (128) feet; thence North Zero (0) Degrees East Eight-two and five tenths (82.5) feet to the point of beginning.

COMMON DESCRIPTION: The property is located in the Town of Wolcott at 412 South Burke Street.

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

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

Attorney Altman stated, you need to get a building permit before you proceed and I will tell you Mr. Haskins, I really appreciate having a contractor coming in and getting this and assisting in doing this before the building. We’ve had too many that don’t and we appreciate that very much.

President Thompson stated, very much so.

Sam Haskins stated, thank you.

****

#2116 William R. & Mary Metzger; Requesting a 10’ front setback variance and a 7’ rear setback variance to build a new home on the property. The property is located in Union Township South of Monticello off of Freeman Road. This is a vacant lot and is located South of 5826 E. Pierce Road.

President Thompson asked, anyone here representing this variance?

Bill Metzger stated, yes, Bill Metzger.

President Thompson asked do you have any additional information you would like for us to have?

Bill Metzger stated, I have none, I would be glad to answer any questions that you may have.

Attorney Altman stated, we do have a S.F.L.E.C.C. letter to us and again I will omit and read only the body of the letter. The letter from the S.F.L.E.C.C. was read out loud to the Board members and the audience members.

President Thompson asked, anything else?

Secretary Hall stated, no, we have not received any calls.

President Thompson asked, would anyone else care to address this, either for or against? No one, okay, Carol?

Carol Stradling asked, it will be a nice big home?

Bill Metzger asked, pardon?

Carol Stradling stated, it will be a nice big home.

Bill Metzger stated, it will be a single story, three-bedroom house.

Attorney Altman asked, this will be attached to the sewer system?

Bill Metzger stated, in the Snow Ditch sewer project, the grinder pump is set and it’s over part of the project.

Attorney Altman stated, so that it will be hooked up, with no septic problem…

Bill Metzger stated, correct.

Attorney Altman stated, just have a well, is all that you will have put on your lot.

Bill Metzger stated, yes.

Attorney Altman, stated, very good.

President Thompson asked, any other comments or concerns? If we’re all set, I think we will vote.

Attorney Altman stated, obviously, we can’t allow and I’m not authorizing the existing boathouse that is on their property, we’re only addressing your home and what is being done now. We can’t authorize encroachment Mr. Metzger is what I’m really trying to say.

Bill Metzger stated, that boathouse will be taken down.

Attorney Altman stated, okay, thank you very much.

With no further discussion the Board voted.

The Board finds the following:

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


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

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

4. That no objectors were present at the meeting.

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

6. That the request is for a 10’ front setback variance and a 7’ rear setback variance to build a new home on the property. The property is located in Union Township South of Monticello off of Freeman Road on That part of the Northeast Quarter of the Southeast Quarter of Section 21, Township 26 North, Range 3 West of the Second Principal Meridian in Union Township, White County, Indiana described by:

Commencing at the center of said Section 21; thence North 88 degrees 45 minutes East 1869.70 feet; thence South 49 degrees 33 minutes West 160.87 feet; thence South 01 degrees 15 minutes 00 seconds East 146.14 feet to the point of beginning;

Thence South 63 degrees 52 minutes 26 seconds East 151.59 feet to the SFLECC line; thence South 36 degrees 07 minutes 54 seconds West along said line 101.21 feet; thence North 62 degrees 26 minutes 00 seconds West 83.51 feet; thence North 01 degrees 15 minutes 00 seconds West 109.87 feet to the point of beginning, containing 0.266 of an Acre, more or less

And, Part of the Northeast Quarter of the Southeast Quarter of Section 21, Township 26 North, Range 3 West of the Second Principal Meridian in Union Township, White County, Indiana, more particularly described by:

Commencing at the Center of Section 21; thence North 88 degrees 45 minutes East a distance of 1,869.70 feet; thence South 49 degrees 33 minutes West a distance of 160.87 feet; thence South 01 degrees 15 minutes 00 seconds East, along the East line of a 30 foot roadway, a distance of 256.01 feet to the point of beginning:

Thence South 62 degrees 26 minutes 00 seconds East a distance of 83.51 feet to the Northern Indiana Public Service Company line; thence South 36 degrees 08 minutes 00 seconds West, along the Northern Indiana Public Service Company line, a distance of 15.00 feet; thence North 62 degrees 26 minutes 00 seconds West a distance of 73.12 feet; thence North 01 degrees 15 minutes 00 seconds West, along the East line of a 30 foot roadway, a distance of 16.92 feet to the point of beginning, containing 0.027 acres.

COMMON DESCRIPTION: The property is located South of Monticello off of Freeman Road and on Pierce Road. This is a vacant lot and is located South of 5826 E. Pierce Road.

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

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

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

Bill Metzger stated, I will do so, and I thank you.

President Thompson stated, thank you.

Attorney Altman stated, thank you, obviously hook up to the sewer system when it is required.

****

#2117 Brian Bishop: Owner, Steve Mitchell: Applicant; Requesting a 29’ front setback variance, 3’ side setback variance and 11’ rear setback variance to build an addition and an attached garage onto the existing house. The property is located in Monon Township at 6113 N. 300 E.

President Thompson asked, anyone here representing this variance?

Steve Mitchell stated, yes, Steve Mitchell.

President Thompson stated, you are Steve Mitchell, okay.

Steve Mitchell stated, and you guys seem to have a smooth flow tonight, we do have detailed plans if it would please the Board to see that. Other than that, that’s all that we have really.

President Thompson stated, okay, we may have what you have, I don’t know.

Steve Mitchell stated, you got the survey that is actually there which is drawn out the actual, the room sketches, I guess.

President Thompson asked, why don’t you come forward and look at what we have and if you want to have anything additional we will accept it.

Steve Mitchell stated, sure…

President Thompson stated, well, we keep…

Steve Mitchell stated, that’s your copy. I want to make a detailed sketch so it fits in with the other structures out there.

Attorney Altman stated, received from the applicant a, as he said, a detailed sketch, we will mark it Exhibit A, applicants Exhibit A. Do you want to take that and look at that, since we only have one we can do that as you’re looking at it I will read the letter from the S.F.L.E.C.C. that we have in the file, again, reading only the body of the letter. The letter was read out loud to the Board members and the audience members.

President Thompson stated, we have done this before and I guess I didn’t ask but, I’m going to ask tonight. Steve Mitchell…

Steve Mitchell stated, yes.

President Thompson asked, you’re the applicant?

Steve Mitchell stated, yes.

President Thompson asked, so you will reside there, is that what we’re talking about, what is the connection?

Steve Mitchell stated, my connection is that I helped Brian purchase the home, I’ve helped consult and design the home and I do intend on renting it, or co-existing there at the home.

President Thompson stated, okay, thank you.

President Thompson asked, anything else on what Jerry read?

Secretary Hall stated, no, we have not received anything else in the office.

President Thompson asked, anyone here care to, yes sir.

Loyd Clerget stated, I have a question exactly….

President Thompson asked, can I have your name please?

Loyd Clerget stated, Loyd Clerget, Twin Lakes Regional Sewer District.

President Thompson asked, yes?

Loyd Clerget stated, exactly where is this on 300 North?

Steve Mitchell stated, as you’re going on 300 North pass Stahl Road continue North…

Loyd Clerget asked, before you cross the bridge?

Steve Mitchell stated, yes, four homes back from the bridge…

Loyd Clerget stated, okay.

Steve Mitchell stated, and it has been hooked on to sewers.

Loyd Clerget stated, yes, it’s on the sewer system. I just didn’t realize that it was something that we built at the time.

Attorney Altman asked, do you want to see the survey Mr. Clerget?

Loyd Clerget stated, no, he is already connected to the sewer system.

Attorney Altman stated, yes, I understand but, if you want to see the survey we will gladly show you.

Loyd Clerget stated, no, I don’t need to see it.

Carol Stradling asked, did you say 300 North or 300 East?

Brian Bishop stated, 300 East.

Steve Mitchell stated, 300 East, I probably said 300 North but it’s 300 East, 300 off of U.S. Highway 24.

President Thompson asked, anyone else care to address this? Back to the Board, Carol?

Carol Stradling asked, what will happen to the old home?

Steve Mitchell stated, actually it’s an addition, the old home, the rooms that are there now, it’s just, there are two small bedrooms, they will be incorporated in a larger bedroom, the kitchen, living room is going to become the formal dining room, the entry way will become the breakfast nook. We’re going to basically take a home that was built in 1960’s for a summer situation and turn it into a functioning year round with the enmities and outward appearances that the lake home in today’s age deserves and other people have done that basically.

Carol Stradling stated, it’s not been uncommon for people to present additions to the Board to a home that disappears, once we approve those additions and I just wanted to clarify that, that’s not going to happen.

Steve Mitchell stated, financing is a concern and this project will be done. We are going to incorporate as much as the old into it as we can, when you say disappear we really hope that it does disappear because, we don’t feel that it’s a very attractive right now….

Carol Stradling asked, in other words, you don’t want to see it that way…

Steve Mitchell stated, yes.

Carol Stradling asked, see that way…

Steve Mitchell stated, right.

Carol Stradling asked, but the walls will stay up…

Steve Mitchell stated, the walls will stay in fact, we are taking great pains to try to incorporate as much as we can to save money from the cost of throwing I away from the cost of replacing it.

President Thompson asked, anything else Carol?

Carol Stradling stated, no.

President Thompson asked, Jerry? Dave, Jeff, nothing? I’m sorry Jerry go ahead.

Attorney Altman asked, the proposed addition will be a single story and tie in, roofline with the present roofline?

Steve Mitchell stated, actually the front addition is a two-story addition. The garage is 24’ and the, towards the water it will be a second story addition towards the water, the, obviously built within the building codes and I’ve got some side views of some things that show that. We’re basically following, trying to follow the design, there is a home right next door to it that we’re following the contour of the hill and everything and it just makes sense and we’re just trying to follow that. Obviously, the most desirable part of the property towards the water front, would like to have as much square footage there as possible.

Attorney Altman asked, and this is hooked on to the sewer system?

Steve Mitchell stated, yes sir, it is.

Attorney Altman asked, there’s a deck out on there across your property line, will that remain?

Steve Mitchell stated, yes it will if it please the Board, if they would, the neighbors who are South have no problem with it, in fact, he uses that to fish off of and as do a lot of people out there, fish off of that deck, the bluegill, there are a lot there. It was existing when Brian bought the property.

President Thompson asked, is there anything else? If not are we ready to vote?

With no further discussion the Board voted.

The Board finds the following:

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

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

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

4. That no objectors were present at the meeting.

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

6. That the request is for a 29’ front setback variance, 3’ side setback variance and 11’ rear setback variance to build an addition and an attached garage onto the existing house on That part of the Southeast Quarter of the Southeast Quarter of Section 25, Township 28 North, Range 4 West in Monon Township, White County Indiana Described by:

Commencing at the Southeast corner of the above said Section 25; thence East 20.00 feet; thence North 25.00 feet; thence North 50 degrees 00 minutes West 659.46 feet to the point of beginning, said point also being the Southwest corner of Tract #1 in Butterfield Camp as recorded in Plat Book 3, Page 78; thence North 50 degrees 00 minutes West 60.00 feet; thence North 42 degrees 25 minutes 31 seconds East 87.10 feet; thence South 78 degrees 00 minutes East 65.00 feet; thence South 40 degrees 31 minutes 30 seconds West along the West line of Tract #1 in said Butterfield Camp 117.54 feet to the point of beginning, containing 0.137 of an acre, more or less.

COMMON DESCRIPTION: The property is located East of Monon at 6113 N. 300 E.

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

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

Attorney Altman stated, get a building permit and you’re already hooked on.

Steve Mitchell stated, thank you for your time.

****

#2118 Twin Lakes Regional Sewer District; Requesting a 20’ front setback variance to place a chain link fence on the property. The property is located in Lincoln Township on the North side of Division Road, about ½ mile West of County Road 1100 East.

President Thompson asked, you’re representing this variance?

Loyd Clerget stated, yes.

President Thompson asked, okay, I’m sorry, and your name again please.

Loyd Clerget stated, Loyd Clerget.

President Thompson asked, thank you, do you have anything that you would like to add to that sir?

Loyd Clerget stated, no, this is a security fence for a sewage treatment plant.

President Thompson asked, Jerry?

Attorney Altman stated, we do have, of course, submitted a survey and a deed as part of the record and evidence in his matter.

President Thompson asked, anyone here opposed to the variance or in favor of? To the Board, any comments?

Carol Stradling asked, how tall is the fence going to be?

Loyd Clerget asked, how tall will that fence be, 6’. I believe that is part of the reason for the variance I believe.

Secretary Hall stated, yes.

Loyd Clerget stated, the plant is a pre-cast concrete structure and it will be approximately 8’ above ground and that bank to slope. The security fence goes on top of that bank, people that walk up that bank with the security fence goes on top of that bank, fence that area in.

Carol Stradling asked, so no body is going to fall in?

Loyd Clerget stated, well they actually can’t fall in, it’s closed on the top but there’s a footpath going through there. It will be 6’ height and it will have angled barbwire, if you will, on top of it. It will keep animals out and deer out.

There was some discussion among the Board regarding the location of the site.

President Thompson asked, any other comments? If there is nothing, ready to vote? We will vote.

With no further discussion the Board voted.

The Board finds the following:

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

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

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

4. That no objectors were present at the meeting.

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

6. That the request is for a 20’ front setback variance to place a chain link fence on the property on Part of the Southeast Quarter of Section 29, Township 27 North, Range 2 West of the Second Principal Meridian in Lincoln Township, White County, Indiana, more particularly described by:

Commencing at the PK Nail marking the Southeast corner of the Southeast Quarter of Section 29, thence North 89 degrees 20 minutes 18 seconds West, (basis of bearings – Indiana State Plane Coordinate System – West Zone) along the South line of said Southeast Quarter and along the centerline of Division Road, a distance of 2,076.11 feet to a railroad spike at the point of beginning:

Thence North 89 degrees 20 minutes 18 seconds West, along the South line of the Southeast Quarter and along Division Road, a distance of 220.00 feet to a railroad spike; thence North 00 degrees 39 minutes 42 seconds East a distance of 198 feet to a capped steel pipe; thence South 89 degrees 20 minutes 18 seconds East a distance of 220.00 feet to a capped steel pipe; thence South 00 degrees 39 minutes 42 seconds West a distance of 198 feet to a capped steel pipe at the point of beginning, containing 1.00 acre.

COMMON DESCRIPTION: The property is located South of Idaville on the North side of Division Road, about ½ mile West of County Road 1100 East.

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

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

Attorney Altman stated, you need to get a building permit Mr. Clerget.

Loyd Clerget stated, we already have the permit.

Attorney Altman stated, okay.

****

#2119 Kathryn M. & Scott A. Jones; Requesting a 6’ rear setback variance to put up a 4’ chain link fence on the property line. The property is located in the Town of Wolcott at 404 S. Range Street.

President Thompson asked, obviously you are?

Kathryn Jones stated, Kathryn Jones.

President Thompson asked, do you have anything to present to the Board tonight ma’am?

Kathryn Jones stated, no, I don’t think so.

President Thompson asked, Cindy do you have anything?

Secretary Hall stated, no we’ve not received any calls on this.

President Thompson asked, good, Charles what is you position on this?

Charles Mellon stated, well I was just going to ask her where South Range Street was.

Kathryn Jones stated, it’s U.S. Highway 24.

Charles Mellon stated, oh yes, it’s been so long since I’ve been over there, 1942 I graduated from Wolcott.

President Thompson asked, Jerry do you have anything?

Attorney Altman stated, no, I don’t have nothing.

President Thompson asked, Cindy? The Board, any questions at all? Nothing, okay, let’s vote.

With no further discussion the Board voted.

The Board finds the following:

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

Residential.

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

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

4. That no objectors were present at the meeting.

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

6. That the request is for a 6’ rear setback variance to put up a 4’ chain link fence on the property line A part of the East Half of the Southeast Quarter (1/4) of Section Twenty-five (25), Township Twenty-seven (27) North, Range Six (6) West, in the Town of Wolcott, described as follows: To-Wit: Beginning at a point twelve (12) rods South on the West line of Range Street from the intersection of the South line of South Street with the West line of Range street, thence West one hundred forty (140) feet parallel with said South Street, thence North one hundred (100) feet parallel with said Range Street, thence East one hundred and forty (140) feet parallel with said South Street, thence South one hundred (100) feet parallel with said Range Street to the place of beginning containing .32 of an acre.

COMMON DESCRIPTION: The property is located in the Town of Wolcott at 404 South Range Street.

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

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

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

Kathryn Jones stated, thank you.

****

Loyd Clerget asked, could I have minute of your time before you adjourn, or if you haven’t already adjourned?

President Thompson asked, could we adjourn and then maybe…

Loyd Clerget stated, oh you can adjourn it, this is strictly information for your own benefit.

President Thompson stated, give us about one more minute and we will deal with you, okay?

President Thompson asked, does Diann have anything for you or anybody?

Secretary Hall stated, no, she didn’t say anything.

Attorney Altman stated, no, not really.

President Thompson stated, I don’t, do you people have anything? Nothing? Motion to adjourn then.

Carol Stradling made motion to adjourn.

Jeff Saylor seconded the motion.

The meeting adjourned.

Respectfully submitted,

Gary Barbour, Secretary

Diann Weaver, Director

White County Area Plan Commission