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The White County Board of Zoning Appeals met on Thursday, August 15, 2002 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

Visitors attending were: Bob Guy, Al Majdanowski, Joann Majdanowski, Robert Hutter, E. Shepardson, Randy Shepardson, Linda Melton, Barbra Miller, Rosie Huffer, Jody Connell, Phil Schmidt, Ron Kyburz, Kent and Polly Pollack.

The meeting was called to order by President Jerry Thompson and roll call was taken. Attorney Altman swore in all Board members and audience members.

President Thompson stated, before we begin on the variances this evening, we do have on the agenda, the minutes from the May meeting.

Director Weaver asked, these minutes were given to you at the last meeting, I have had one Board member indicate that they looked for their copy and can’t find their copy, does everyone else have theirs? Do we want to table this until the next meeting so that we can all review them more?

David Scott asked, have you looked at them?

Jeff Saylor stated, I make a motion that we table the reading of the May minutes until the September meeting.

President Thompson asked, okay, motion is made that we table the May 16th minutes, is there a second to that?

Carol Stradling 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. We will address those and next meeting will be September the 19th.

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#2132 Linda Melton & Barbra Miller; Requesting a 6’ front setback variance from Walnut


Street and an 18’ rear setback variance to place a 1983 Mobile Home on part of Lot #15 and part of Lot #17 in the Original Plat of the Town of Monon. The property is located in the Town of Monon at 401 Walnut Street.

President Thompson asked, anyone here representing this variance?

Linda Melton stated, I’m Linda Melton.

Barbra Miller stated, I’m Barbra Miller.

President Thompson asked, do you have any additional information to present other than what I read to the Board?

Linda Melton stated, not at this time.

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

Director Weaver asked, in your packet we did send to you a letter that they received from the Town, giving them permission to put this Mobile home back. There was previously a mobile home on this lot, the town has given them permission to replace it. I believe their Ordinance says something to the effect as long as it’s done with in one year. Is that right Dave?

Dave Scott stated, yes.

Director Weaver stated, okay, so you have a letter from the town. We also had an adjoining owner in the office yesterday, I don’t know if he’s here tonight.

Ron Kyburz stated, yes, I am.

President Thompson stated, just a second and then we will come to you.

Director Weaver stated, that’s all I have.

President Thompson asked, do you care to address the Board sir?

Ron Kyburz stated, okay, I am Ron Kyburz and I do own the property on two sides. I am opposed to it, because of its place there, to begin with, they started with two partial lots that are under sized, they do not equal the size of a full lot. If it’s placed there it will be within 9’ of my house. This will entirely go across my back yard, most of the house and will shut off all the view to the West of me. It will leave me pretty much with a boxed in piece of property since it’s being placed within 9’ of my house, it also to me, kind of creates a safety hazard, knowing the way trailers burn, if they catch on fire. Down the road, if they choose to put up a fence for whatever reason, the property line is within 1’ of my house and at that point it would make it impossible to get from the front of my house to the back of my house, by walking around outside. I couldn’t walk around the garage because, the property line is also within a foot. There’s not an easement through my property for a sewer drain. They have an old drain that’s been there, and orange berg line that’s been there for and extended, for the previous owner, there’s not an easement through my property for a replacement line. Basically, if their allowed to do this, I think it would greatly take away from the value of my property and I just feel it shouldn’t be allowed.

President Thompson asked, what lot, we’ve got lot 13, 15 &17, Ron, what lot…

Ron Kyburz stated, I own the property right to the East, then I have a driveway on the North side.

President Thompson stated, so he is…

Ron Kyburz stated, I border two sides.

President Thompson asked, so he’s 15?

Director Weaver stated, he’s here, and he owns this.

Attorney Altman asked, tell us which lot you’re talking about, which lot are you talking about?

Director Weaver stated, he owns to the, on your survey to the right of the property that were addressing. He owns part of lot 17 and part of lot 15. He also owns the strip that goes from the garage that is drawn on that property to Walnut Street.

Attorney Altman asked, very good, just for the record. So your house is 1’ from the property now?

Ron Kyburz stated, right, right.

President Thompson asked, back up just a second, how does he own part of a lot.

Attorney Altman asked, they were divided differently, a long time ago rather than take the lots away, they are platted, they took effectively half going one way and half went the other way. Isn’t that right?

Ron Kyburz stated, actually, it’s a third.

Director Weaver asked, I was going to say isn’t it a third?

Ron Kyburz stated, yes.

Director Weaver stated, there are 3 homes, or 3…

David Scott stated, there are two lots that are originally plotted East and West and they were divided three ways North and South.

President Thompson asked, so it’s a common thing in Monon is what you’re saying…

David Scott stated, well, it’s not typical but it has, we have a couple cases.

President Thompson stated, okay, I think that I cut you off Attorney Altman.

Attorney Altman stated, just wanted to, his house and how close, he actually was to the property owner.

Director Weaver stated, if you look at the pictures that I have given to you, if you look at the top picture, the white house is his home.

Attorney Altman asked, when did their, have the closest where it’s a foot to the boundary line?

President Thompson asked, does anyone else care to address this? Any questions from the Board?

Carol Stradling asked, where was the mobile home that was there prior to…

Barbra Miller stated, right now it’s out on State Road 16, oh, the one that was there previously…

Carol Stradling asked, where was it on the survey, was it bigger or smaller or shorter?

Ron Kyburz stated, it was much smaller.

Linda Melton stated, this one is going to be 6’ larger. I’m sorry, 4’ larger, one-way and 16’ the opposite direction. There was a previous one there, I believe it was a 10’ x 40’ something but, were not for sure. We didn’t own the property at that time or the mobile home at that time.

Attorney Altman asked, was it located approximately where this one is being placed?

Linda Melton stated, yes, sir.

Ron Kyburz stated, excuse me…

President Thompson stated, I’m sorry, name again.

Ron Kyburz stated, Ron Kyburz, I did measure where the previous one set. It was 25’ away from my house. It set closer to Walnut Street, it wasn’t setback 32’. So see because, it was placed there before these Ordinances it was placed closer to the Street than it should have been. So even though there isn’t that much difference in the width, they were a lot further away from my house.

Carol Stradling asked, so it was 25’ away from your house?

Ron Kyburz stated, yes, it was, we measured it.

Carol Stradling stated, so it was 24’ from the property line.

Ron Kyburz stated, yes.

Carol Stradling asked, so that would put at 10’ from Walnut?

Director Weaver stated, that’s what I was sitting trying to figure.

President Thompson asked, Dave?

David Scott asked, Director Weaver, there’s a, they want a 6’ front setback and that’s off of Walnut Street and they want an 18’ rear setback?

Director Weaver stated, right.

David Scott asked, where is that off of?

Director Weaver stated, the rear is to the North.

David Scott stated, to the North.

Director Weaver stated, rear property, or the rear yard on a corner lot is transitional in either one.

David Scott stated, okay.

Director Weaver stated, in this situation we choose back because, they had more space. We called that the backyard, because there was more space there.

David Scott stated, I guess the major concern I would have, would be access to the city sewer.

Attorney Altman asked, so it has a city sewer there, it’s just not in too good of condition, is that what the situation is ma’am?

Linda Melton stated, that I can not answer you Jerry, to my, to the best of my knowledge it was working when they had the previous trailer there. I was under the impression when I bought the property, it was still an active sewer, so I can not answer that.

Attorney Altman asked, do you know where it’s located? Or anything about this you might report? Do you know where this located?

David Scott stated, I guess my most concern would be that down the road if she ever has sewer problem or somebody has a sewer problem and there is no utility easement, or access easement, you would have to go out into the street right-of-way to get sewer to your house.

Attorney Altman asked, how long has that sewer been in there the old one?

Ron Kyburz stated, a long time.

Attorney Altman asked, more than 20 or 30 years?

David Scott stated, yes, I would say that.

Attorney Altman stated, there’s probably an easement in there by prescription that would allow it to be there and quite frankly, I would think the city probably, it’s hard for me to know for sure but, it’s been there and used like that in that amount of time. There’s probably an easement by prescription in there that would allow it to be maintained and replaced.

David Scott asked, you mean by that, that the…

Attorney Altman stated, by law, if you have an easement across a property for more than 20 years, and the use is established, permitted and allowed for more than twenty years, by law there comes an easement through there, it’s called by prescription, that’s lawyer’s words. A lot of it is allowed, and would be allowed to be used by, as an easement, as the easement that it is. That’s what I am trying to say.

David Scott asked, what if the neighbor built something over the top of the sewer, do they still have the right?

Attorney Altman stated, yes, they would, yes they would, I think. Now again, this is fact sensitive and were not, I don’t know where it is through there, so it’s a little hard for me to know but, what that maybe, hadn’t happened along time ago and that limits this easement somewhat too. So it’s hard for me to know, if it’s essentially there, it certainly has, people would have rights and so would the City have rights to do reasonable maintenance, replacement and repairs, what I would suggest.

David Scott stated, see in the City, we don’t do any repair up on somebody’s property. So it would be one that would have the right to go across it. We wouldn’t get involved with personal property.

Attorney Altman stated, and that is something that probably, if it’s resisted by people, would have to be decided in the Court of Law too, I’m just telling you general law here.

David Scott stated, right.

Attorney Altman stated, if it’s allowed and been allowed and billed out for a long enough time to be an easement through there. No matter what is or isn’t in writing.

President Thompson asked, is there a so-called alternate position here that maybe it could work for both, in your opinion?

Ron Kyburz stated, you know, there’s obviously, this property is kind of messed up the way it’s, we have lots that are not real valuable as the way they are. I am willing to sell, or I am willing to buy you know, at a reasonable price, to help solve or straighten out the situation with these lots. The way they are, you got a lot that isn’t worth a lot, I’ve got a lot that isn’t worth a lot. You know if this is put in there, I don’t know what it is worth, not much of anything, but, you know, I would be glad to work with, you know, somebody to try and resolve that.

President Thompson asked, yes ma’am?

Linda Melton stated, Linda Melton again, and I have spoken with Ron prior to this meeting, in reference in to buying his property, so I would have easements, sewer easements of these. I already spoke with Mr. Hornback and he has said he would be more than willing to let it go down his property line if I could buy the driveway that Mr. Kyburz owns. If Mr. Kyburz does not want to separate the property, I might be willing, depending on the price because, like he said his property is not worth too much at this moment. I might be willing to work on a deal there also. I spoke to Mr. Cox, who is in a lawsuit with the property on the opposite side from Mr. Kyburz’s home and he said he would grant me permission, if the Court of Law, because it’s in Federal Court, if he ends up with the property. It’s a big mess and he said either direction he would be willing to work with myself and Mr. Kyburz. Mr. Hornback said he would be willing to work with us on the easement.

Carol Stradling asked, are you in a big hurry to resolve this and get the trailer moved in there?

Linda Melton stated, yes ma’am, I am, I have a deadline that I must meet.

Carol Stradling asked, and what is it?

Linda Melton stated, with the Town of Monon, which is January the 23rd.

President Thompson asked, pertaining to lot ma’am, what is your deadline?

Linda Melton stated, we have 1 year to replace…

President Thompson stated, no that’s your annual, that’s your annual, I see.

Linda Melton stated, and the other problem is, the trailer we have in our procession needs to be moved off the existing property, because they are after us right now to get it off the property. So, yes, were in a hurry.

Carol Stradling asked, could you take another month and kind of work out some details on where the sewer might be?

Linda Melton stated, I know exactly where the sewer is at. He’s going to have the same problem that I am going to have. If his sewer goes bad, he’s going to have an easement also.

Attorney Altman asked, I guess what she is saying is, could you come back to us in a month with this resolved and settled. Then we could, then we could, presumably eliminate this controversy and with City water and sewer, it’s a lot less of a problem to grant an easement like this, or variances like this, would that be reasonable? Come back in a month after having worked out your arrangements, and have a written legal easement for us to present and give him a written in legally easement also, can you do that? Is that reasonable?

Linda Melton stated, that may be reasonable but, it may be unreasonable for the simple fact I’m out of job right now and I’ve had some job interviews, so what happens if I get a job and get placed on second shift and your on probation for 90 days normally. Starting a new job, then I’m going to be back in the same predicament, I don’t have a job or…

President Thompson asked, but can she represent you?

Linda Melton stated, well she’s a co-owner and same situation, she’s going for a job interview Tuesday, who knows what she’s going to be put on? So it’s going to be hard to say at this moment. I would like to resolve it before then. I would like to come with an agreement…

Carol Stradling stated, the sewer issue is one issue and the proximity to Mr. Kyburz’s back yard, or, I guess that’s really not your back is it but, the house is another issue. He’s only 1’ off of his property line, so I guess to be fair, you could be a 1’ off of your property line but, you’re right that poses certain problems but, if you were to move, right now you’ve got the trailer 26’ back off of Walnut Street. If we were to vote on the variance now, you couldn’t put it any closer to Walnut Street. I don’t know that we would approve it but it may mean to give him more room, if you would move it forward some. There just seems to be some issues that, this variance doesn’t necessarily address the way it is stated.

Attorney Altman stated, a variance could be granted, it is proper before us but, there are some issues that are may or may not be resolved, I mean, nobody said she doesn’t have a sewer that doesn’t work right now.

Carol Stradling stated, that’s true.

Attorney Altman stated, so that she may need a replacement but nobody said that it isn’t working so there may be other issues that need to be resolved. If she’s got City water and sewer, the Board could certainly make that a restriction in granting this matter, granting a variance. If you chose to do so and if it isn’t so, then they don’t have a variance but I think that would be reasonable if you’re going to vote on it. Vote on it on the condition water and sewer be working and approved by the Town of Monon. The way that it has been advertised it couldn’t move closer to Walnut, because she’s as close as the variance will allow.

Director Weaver stated, yes, we would have to re-advertise.

Ron Kyburz asked, let me ask you if, okay, if she had to put a new sewer line, had to put a new line in, then what’s that do to me? Do I automatically have a right to hook back into it even though she put it in?

Attorney Altman stated, I would say, if your properties have that right, you certainly would but, I bet you the Court would say you’ve also got a right to pay part of the bill, you know, because you get the benefit but yes, I think that’s right. I think if she’s got an easement and you hooked into it, you’ve got part of that easement.

Ron Kyburz stated, well I don’t know first of all, I’m not sure…

Attorney Altman stated, I understand…

Ron Kyburz stated, for about 30 years, I didn’t own the property 30 years. I can’t tell you when or how long that line has been there. I know what it is because we have had problems and I know that it lays right behind my house and it is North of her line so I know that, you know it’s not, it’s going to need replaced before long.

Attorney Altman asked, do you want us to go ahead and vote? Do you want us to go ahead and vote?

Linda Melton stated, yes sir.

Attorney Altman stated, okay. I think we’re, I don’t think we have anymore evidence. I think were ready to vote.

President Thompson asked, what are the Boards wishes? Let’s have one more moment of discussion here among the members. Any other…

Carol Stradling asked, when you say a sewer line runs behind your home. Is the front of home on 4th Street?

Ron Kyburz stated, yes.

Carol Stradling asked, so behind it means, like in lot 15.

Ron Kyburz stated, well, yes the front of my house is on 4th Street.

Carol Stradling stated, okay, so the sewer line runs…

Linda Melton stated, yes, to answer the question, yes it runs between…

There was discussion among the Board members.

Carol Stradling asked, can you show me where that sewer line runs? Is it this way or…

David Scott stated, yes, the sewer runs through this way…

Carol Stradling asked, there’s no alley here is there?

David Scott stated, no the alley is back here.

Carol Stradling stated, okay.

David Scott stated, and here is Kyburz’s house and there is another home right here.

Carol Stradling stated, okay.

David Scott stated, so she would have to come across both properties and tie in, run down the alley or she could come out to the street but then she’s talking expense because of black top and replacement and things like that. Personally, I would like to be able to see you do it but, I’m sitting here thinking if I lived next to you, you know I just see two lots divided into, three partial, with three properties on them. The purposes of setbacks and things like that is to give people room. I feel bad that you got involved in this because I don’t like it, to be honest with you. I just don’t like to see the lots chopped up with multiple houses on. Nobody has a yard. If you put a fence up, Ron can’t get to his back yard.

President Thompson asked, ma’am do you really feel like another 30 days would help you on this?

Linda Melton stated, I can’t guarantee that I can be here in 30 days.

President Thompson stated, well and I understand that so I hate to take you out of a job, I really do, that’s rough.

Linda Melton stated, and as far as a privacy fence, there would be no privacy fence put there as long as we own the property.

Ron Kyburz stated, but, we don’t know, I mean you don’t know but, you may get a job somewhere else and you know or for what reason you may sell the property, the year after?

Linda Melton stated, I have no intentions of selling that property. I have intentions of putting my daughter on the property.

Ron Kyburz stated, I understand.

Jeff Saylor stated, well, we have a right to table it and right now were asked to approve a, the positioning of a home that’s not going to require a subsequent inspection for the sewer right…

Attorney Altman stated, you could require that.

Jeff Saylor stated, okay, and right now we don’t know if that’s going to work or not.

Director Weaver stated, yes, in town you’re right, we don’t, we don’t do anything on sewers.

Attorney Altman stated, you could certainly, can require that it be inspected, as condition on voting on this.

Director Weaver stated, but you can have it inspected to day and it could quit tomorrow.

Attorney Altman stated, well, but then that’s the way everyone is…

Director Weaver stated, that’s right.

Attorney Altman stated, that’s life, I mean that’s the, we never know.

Carol Stradling asked, help me out here, if she’s at the end of the sewer and her part of the sewer doesn’t work, does that mean that the others won’t work either?

David Scott stated, I don’t think there are any records on any of those sewers or anything. I don’t know if they’re tied together or each one of them has an individual sewer. Or, there’s no way of knowing, that was done long before I was around.

Ron Kyburz stated, I’m not 100% sure but, I think they are, I think that they are all tied together but, I’m not 100% sure but I think that they are.

Carol Stradling asked, so if there’s something wrong with her sewer, chances are there’s going to be something wrong with yours or not?

Ron Kyburz stated, well if it’s on, well if it’s on her property it wouldn’t be…

President Thompson asked, what do you want to do Carol?

Ron Kyburz stated, but, obviously, if I’m left with a piece of property that’s not worth too much, I’m not putting any money in it either. You know, to replace the sewer, cause I’m probably not going to able to rent the thing, you know. Not too many people want to live boxed in.

Jeff Saylor stated, well, I think the Board members have a number of concerns about this. Placement of the, proposed placement of the trailer on the property and also the access to the easement. I’m going to propose that we table this until the September meeting at which time I would like see more information made available to the Board as to the condition of the sewer and placement on the sewer on the adjoining properties.

President Thompson stated, motion made.

David Scott asked, see, if nothing else I think the trailer ought to be moved so that there’s, as a rule, side setback there’s or whatever there’s 12’ between you and your neighbor, is that correct?

Director Weaver stated, State Code requires at least 6’.

David Scott stated, at least 6’ on each person.

Director Weaver stated, setback requires at least 8’ from your property line to your eave.

Attorney Altman asked, her setback from that side isn’t consistent with the Ordinance, right?

Director Weaver stated, right.

David Scott stated, but his isn’t.

Director Weaver stated, that’s why we requested the rear, because she was meeting the side setback.

David Scott stated, typically you would have 16’ between the two properties and for fire…

Director Weaver stated, under normal circumstances, yes.

President Thompson asked, Carol?

Carol Stradling asked, is the sewer something that follows within our perimeters of, or is that something we should…

Attorney Altman stated, sure is.

Carol Stradling stated, I just wanted to verify that it was, before we…

Attorney Altman stated, sewer and water is very important, fire protection and that sort of thing, very critical.

Jeff Saylor asked, I would like to ask the question, there is no other inspection if we okay the home and it goes there and it’s connected, whether it’s working or not and it isn’t, I see a potential for some problems.

President Thompson stated, we have a motion here…

Carol Stradling stated, and then a mobile home there that…

Attorney Altman stated, a motion is a second.

Carol Stradling asked, where do you have the discussion?

President Thompson stated, we can have it right now.

Carol Stradling stated, I guess that’s where I’m trying to clarify before I settled. If that’s okay.

President Thompson stated, sure.

Carol Stradling asked, so your motion is to table it until next month and they could come back then with some answers and resolutions to the sewer issues?

Jeff Saylor asked, sewer issues that would not address necessarily a replacement and am I correct that it would be re-advertised if the trailer is moved?

Director Weaver stated, yes if it’s moved, if the location where the trailer is moved, we would advertise that.

Carol Stradling stated, I would second that.

President Thompson stated, motion made to table this until the September meeting, the 19th, until we have additional information and possibility there could be a time for a little resolution on this, compared to what we are dealing with tonight. All signify by saying I…

The Board stated, I.

President Thompson stated, all opposed the same, the motion carried. We will address this hopefully, which will work into your schedule ma’am, hopefully it will, we don’t, I hope you understand our position.

Linda Melton stated, absolutely.

President Thompson stated, I mean, we don’t enjoy voting things down and we would like to give you every chance possible, making a workable situation here.

Director Weaver asked, you need to put your sign back up, is it possible for you to come in tomorrow and pick that back up, that way I can change the date on it.

Linda Melton stated, yes.

Director Weaver stated, okay, thank you.

Ron Kyburz asked, there’s not a possibility that this house not being moved further away from my house and give us more than 9’?

Attorney Altman stated, it has to be re-advertised to do that, that’s up to here…

Ron Kyburz asked, I mean have you checked out…

Attorney Altman stated, that’s up to her…

Ron Kyburz stated, 9’ that is awfully close, I mean that is…

Attorney Altman stated, that’s up to her…

Ron Kyburz stated, and I understand that she’s her 8’ and my house is the one that is off but I can’t change it. I didn’t realize it was that close when I bought it, but, it’s there.

Director Weaver stated, that is strictly up to her if she does, she needs to get a survey and would have to be…

Barbra Miller asked, I’ve got a question…

President Thompson stated, yes.

Barbra Miller asked, can that be done, can we get a variance to go closer to the road?

Director Weaver stated, if you change your request, yes.

Linda Melton asked, if you change, there’s another filing fee?

Director Weaver stated, there is not another filing fee, you do need a revised survey.

Attorney Altman stated, and it would have to be re-advertised.

Director Weaver stated, and we would re-advertise it.

Linda Melton stated, thank you.

President Thompson asked, but, it could be done in time for next months meeting?

Director Weaver stated, yes, I can’t tell you that cut off date off the top of my head but, I don’t believe that it’s until like next week possibly.

Attorney Altman stated, so don’t mess around with it.

Linda Melton stated, August 28th would be the cut off date.

Director Weaver stated, yes, there you go, you have our handout, okay.

Linda Melton stated, I will do my best to get all this accomplished.

Director Weaver stated, okay.

President Thompson stated, I hope you can.

****

#2133 Rose Huffer; Requesting a special exception as per Section 12.00, Article 12.10 of the White County Zoning Ordinance to allow a 1975 mobile home to be relocated within White County.

President Thompson asked, anyone here representing the Huffer’s?

Rose Huffer stated, yes.

President Thompson asked, and you are?

Rose Huffer stated, I’m Rose Huffer…

President Thompson asked, you are Rose Huffer, okay. Do you have any additional information to present to the Board tonight?

Rose Huffer stated, I think that everything is…

President Thompson stated, read what it is.

Director Weaver stated, the Board received in their packet, her original home inspection report, it was done by A-Z Home Inspections, I have given you tonight along with your pictures a repair report that Mrs. Huffer brought into me this week.

Rose Huffer stated, I just noticed on the back of the findings and facts, I didn’t get the other side of it, you should have that yourself.

Director Weaver stated, yes, that should be in her original report.

President Thompson asked, anything from you?

Director Weaver stated, have not received anything.

President Thompson asked, anyone here care to address this either for or against tonight? Discussion from the Board, questions?

Carol Stradling asked, on the back of the inspection report, the one she, the document actually is what we complete here. It says that the furnace will not function and then in this, it says it was LP gas?

Jody Connell stated, Jody Connell, you should have every inspection from Roger Young and he came out and the reason that the furnace didn’t work the first time is the pilot wasn’t lit and A-Z is not allowed to light the pilot. Roger Young come out, lit the pilot and check the thermostat and checked the flu, the furnace is about 2 years old. He done an inspection, you should have his report there someplace where he….

Rose Huffer stated, it’s right with the furnace.

Carol Stradling asked, yes, I guess I just said the furnace had been converted to LP gas from natural gas and that had nothing to do with it not working?

Jody Connell stated, no, well all you do is change an orifice, the guy that installed the furnace didn’t mark that he had changed the orifice but Roger said that it was converted. A-Z said he didn’t think that it was but Roger said that yes, in his report he said yes that it had been converted from LP gas to, or from natural to LP. I think Roger’s report, inspection, you should have a copy of that.

Carol Stradling stated, yes and that’s what I was reading, and I guess from his report I couldn’t understand why it didn’t work the first time. So…

Jody Connell stated, it wasn’t lit, the pilot wasn’t lit.

Rose Huffer stated, they had turned it out.

Jody Connell stated, he didn’t live there so they turned it out.

Attorney Altman stated, your correct in your file, there is a letter from Roger Young dated August the 9th. I will eliminate some of it but he says that upon inspection found the furnace to be in proper working order and just exactly what you said.

President Thompson asked, any other discussion? Carol?

Carol Stradling stated, it just looks like you’ve dealt with everything that was on the inspection list and things are repaired and taken care of.

President Thompson asked, the rest of the Board, anything? No other discussion, are you ready to vote?

The Board stated, yes.

President Thompson stated, okay, we will vote.

With no further discussion the Board voted.

The Board finds the following:

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

2. That no objectors were present at the meeting.

3. That proper notice was given by newspaper advertisement.

4. That the request is for a special exception to allow a 1975 Mobile Home to be brought into White County as required by Section 12.00 of the White County Zoning Ordinance.

5. That the special exception herein authorized and granted is not so typical or recurrent in nature as to make reasonable practicable the formulation of a general regulation under an amendment of the ordinance for the above said improvement, and the Board additionally finds that the above said special exception is based on the findings of fact so made that are required to be made under the provisions of Section 10.20 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorizes the above said variance under the above said section of zoning ordinance.

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

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

Rose Huffer stated, thank you.

President Thompson stated, you’re welcome.

****

#2134 Phillip Schmidt; Requesting a 7’ North Side Setback Variance to build a roofed porch on the existing home on lot #7 in Diamond Point Subdivision. The property is located in Union Township at 1182 N. Diamond Point Court.

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

Bill Schmidt stated, Bill Schmidt…

President Thompson asked, excuse me?

Bill Schmidt stated, Bill Schmidt.

President Thompson stated, okay, thank you. Do you have anything extra that you would like to present to us sir?

Bill Schmidt stated, not at this time.

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

Director Weaver stated, no, I have not received anything on this. I do want to point out, as you can probably see in the pictures, the deck of this is already in place. They have not put the roof on it yet and that is why they are coming in and requesting. It was my understanding, I don’t know if the deck was done without a permit or, I’m not real familiar, I think that the Building Inspector got involved with this in some form, that I cannot explain to you.

Bill Schmidt stated, I might be able to clear that up.

Director Weaver stated, okay.

President Thompson stated, okay, appreciate it.

Bill Schmidt stated, it was actually a misunderstanding and some bad information that I got. We thought, there was a privacy fence there and we thought that we could put a porch in where it is now and if we didn’t put a roof on it, we didn’t need to get a variance. We found out when the survey was made that we were closer than we thought to the privacy fence. As far as the building permit, we did get a building permit…

Director Weaver asked, you did get one?

Bill Schmidt stated, after the fact…

Director Weaver stated, I was not sure.

Bill Schmidt stated, just got some bad information on that. We talked with the neighbors and they have no problem with it. They told us where they thought the property line was and we acted on that information.

Director Weaver stated, an unroofed deck would require a setback of 4’ from the property line, when you roof it, it requires a minimum of 8’.

President Thompson asked, anyone here opposed to this variance or speak, I should say either for or against. Any comments from the Board, comments, questions? Attorney Altman, do have anything?

Attorney Altman stated, since he got a permit, there’s no reason for a violation, or penalty, or fine.

David Scott asked, he did get a permit, you say?

Director Weaver stated, that’s what he said.

President Thompson asked, yes. Carol do you have anything?

Carol Stradling asked, and you didn’t, they don’t need a survey to get a building permit?

Director Weaver stated, no, they do not.

Carol Stradling asked, and so he was going by the property, neighbor and property owners’ statement that, the fence was on the property line?

Bill Schmidt stated, well that’s what we thought originally, yes.

Carol Stradling stated, okay.

Bill Schmidt stated, we thought that we could put it in without the roof, we wouldn’t need a variance. So if we didn’t get a variance at the hearing we would just forget about the roof and put railings around it but obviously, that was some bad information that we had.

Director Weaver asked, so you decided since you had to have a variance for the base then you might as well ask for the roof?

Bill Schmidt stated, absolutely.

Director Weaver stated, I understand, I don’t blame you, okay.

President Thompson asked, Jeff, do you have something?

Jeff Saylor stated, no.

President Thompson asked, any other discussions? Dave? Nothing? Care to Vote?

The Board stated, yes.

President Thompson stated, okay.

Attorney Altman asked, this is not property that is going to be habituated in anyway?

Bill Schmidt stated, no sir, just a stoup from the porch to the roof.

Attorney Altman stated, I understand, very important with it being that close to the property line that, that be part of the record.

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 7’ North Side Setback Variance to build a roofed porch on the existing home on Lot 7 in Diamond Point Subdivision in Union Township, White County, Indiana.

COMMON DESCRIPTION: The property is located in Union Township at 1182 N. Diamond Point Court.


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


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

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

Bill Schmidt stated, thank you.

Attorney Altman stated, thank you.

President Thompson stated, you’re welcome.

****

#2135 Albert M. & Joann F. Majdanowski; Requesting a 5’ South side setback variance and a 5’ separation variance to build a carport on an existing detached garage. Also, a 7’ South side setback variance and a 6’ North side setback variance to bring the existing home into compliance with the White County Zoning Ordinance on Lot #15 in Stahl Subdivision. The property is located in Monon Township at 5943 N. Stahl Road.

President Thompson asked, and you are?

Albert Majdanowski stated, Albert Majdanowski…

President Thompson stated, thank you…

Albert Majdanowski stated, and my wife is Joann.

President Thompson asked, do you have, excuse me, that is quite a name. Do you have anything to present to us sir?

Albert Majdanowski stated, no sir, I kind of did stuff backwards but, not intentionally.

President Thompson asked, Director Weaver do you have anything to talk about this?

Director Weaver stated, I have not received anything on this in the office, I have not had any calls or anything. I did talk to the Building Inspector about this. I guess what happened, there was a permit issued for him to change the roofline on the existing garage which, from my understanding measured approximately 20’x 24’. He proceeded to, not only change the roofline, but, added a carport and I don’t know how far that overhang is over hang is towards the house, it must be 4’ or 5’.

Albert Majdanowski stated, 4’.

Director Weaver asked, okay and my understanding from speaking with the Building Inspector that possibly you enlarged the garage as well. Is that correct?

Albert Majdanowski stated, that’s correct.

Director Weaver stated, the previous garage, the one thing I do want to point out, the previous garage did not encroach on the neighbor’s property and I know this from a previous variance that he had.

Attorney Altman asked, so it’s had variance and this exceeds it…

Director Weaver stated, the variance was not for a garage, the variance was for an addition to the home.

President Thompson asked, any response from anyone?

Director Weaver stated, no.

President Thompson asked, anyone here care to address either for or against tonight? Discussion from the Board?

David Scott asked, this picture up here…

Director Weaver stated, that is the house to the right and the garage to the left.

David Scott asked, okay this is his house, not the neighbor?

Director Weaver stated, that is his house that is the 4’ overhang that’s why I took that picture to show that. It is much larger than your normal overhang. He has a walk way through there.

Carol Stradling asked, you built the roof around the power pole?

Albert Majdanowski stated, yes, that’s where the trusses laid and there is no easement for the power pole to be there also, instead of having it moved which I could have had the utility come and move the pole I didn’t, I just built around it.

Carol Stradling stated, except that, that indicates your property line. So when you go around the pole, you one somebody else’s property.

Albert Majdanowski stated, 9”, overhang that’s all because, I have it setback on a sidewall.

Attorney Altman stated, we can’t grant encroachment on someone else’s property.

Albert Majdanowski stated, it’s, well what it is, I talked to my neighbor and he said that he didn’t have a problem with it on either side or across the way.

Attorney Altman stated, we just can’t do it that’s all.

Albert Majdanowski asked, how can I solve that problem then?

Attorney Altman stated, we can allow to the property line…

Albert Majdanowski stated, okay.

Attorney Altman stated, but, not beyond.

Albert Majdanowski asked, can I cut that 9” off?

Attorney Altman stated, I think that you sure should get back to the property line.

Albert Majdanowski stated, okay.

Attorney Altman stated, I don’t know how, if you go through and sell it to someone, a mortgage improvement survey, they are going to require a consent to encroach from the neighbor. They wouldn’t take what we did because we can’t do it.

Albert Majdanowski asked, okay, is that considered an encroachment in the air?

Attorney Altman stated, that sure is.

David Scott stated, that picture down here, is this his neighbor’s garage?

Director Weaver stated, that white one is his neighbor’s garage, the brown one is his garage.

David Scott stated, okay.

Attorney Altman stated, and that’s the power line…

Director Weaver stated, same picture also Dave but from the other side down on the bottom left.

David Scott stated, okay.

President Thompson asked, so what are you saying, Attorney Altman…

Attorney Altman stated, well, you can grant the variance to the property line that’s what I’m saying.

President Thompson stated, all right.

Attorney Altman stated, beyond that he just doesn’t have any, no reason to be there. Whatever we do doesn’t help him, even when the neighbor doesn’t object, even when the neighbor doesn’t object.

Albert Majdanowski asked, can I clip that off and stay right on the property line?

Attorney Altman stated, I think that would be minimum that has to be done.

Albert Majdanowski stated, okay.

Attorney Altman stated, I think that’s the minimum that has to be done.

Carol Stradling stated, it looks like and I don’t know the history of the garage but it looks like you put a bump out there on that side.

Albert Majdanowski stated, that a setback and I bumped that out 4’ on the other side.

Carol Stradling asked, why did you bump that out?

Jeff Saylor stated, would there be any restrictions….

Albert Majdanowski stated, I don’t understand…

Jeff Saylor stated, I don’t know what kind of pole this is…

David Scott stated, it’s electric.

Attorney Altman stated, R.E.M.C. I bet you, out there, I would guess.

Director Weaver stated, I don’t know if it’s R.E.M.C. or N.I.P.S.CO.

Jeff Saylor stated, that is an issue.

Attorney Altman stated, you would think so.

President Thompson asked, is that your service entrance that pole?

Albert Majdanowski stated, yes it feeds my house and the neighbors.

President Thompson stated, oh, it feeds more than one property.

Albert Majdanowski stated, yes but it’s, like I said I could have called them ahead, and I would have to run it underground which is should of done when I remodeled the house anyway.

Director Weaver stated, I do have a copy of the old survey, if any of the Board members would like to see that.

David Scott asked, if he cleared up the issue of the electrical pole, could he get an easement from the neighbor, buy an easement?

Albert Majdanowski stated, excuse me….

Attorney Altman stated, the problem….

Albert Majdanowski stated, there is no easement in there…

Attorney Altman stated, the problem is, is that makes a variance for the neighbor, in other words the neighbor doesn’t have enough to give him, that’s the problem.

President Thompson stated, as crooked as that pole is, if they would want to get it out of there, it makes it look kind of tough.

Director Weaver stated, well, something to keep in mind also is that the State Building Codes require separation between those two buildings for firewalls, that’s something else to keep in mind.

Carol Stradling stated, between the two garages and also between the garage and the home.

Director Weaver stated, that’s right.

Albert Majdanowski asked, what is required on that, is it 6’?

Director Weaver stated, 6’ from the foundation.

Albert Majdanowski stated, okay, I have the 6’ but the cantilever goes closer to the house.

Director Weaver stated, I believe that the eaves have to be and don’t quote me on this, don’t know these codes for sure I believe it’s something like 3’ from eave to eave.

Albert Majdanowski asked, why would that be an issue, is that a fire code or something?

Director Weaver stated, it’s State Building Code.

Albert Majdanowski stated, State Building Code.

Director Weaver stated, State Building Code and if they are close than that then there is suppose to be a minimum of 1 hour firewalls which means no windows, no door and I know in your home you have windows.

David Scott stated, you’re saying that we can’t even act on this.

Attorney Altman stated, no, you can, but you can’t give him permission to go on the other people’s property and he’s going to need something because a mortgage survey if they go to sell it is not going to pass this.

President Thompson stated, yes, but if we approve it to the property line he’s willing to remove everything beyond that, then he’s okay.

Attorney Altman stated, yes, that’s right.

David Scott stated, but there’s also the issue of….

Jeff Saylor stated, if we have a utility pole that is supposedly sitting right on the property line…

Attorney Altman stated, yes it does….

Jeff Saylor asked, I’m just thinking are their requirements from the utility company about proximately of the building to their pole? Are we going to grant, theoretically we can grant up to the center of that pole, if you get my drift but, I’m not knowing what is required from the utility companies, I don’t know that I’m willing to do that.

Attorney Altman stated, it might be a good thing to find out.

Albert Majdanowski stated, excuse me, the pole is like on my property…

Joann Majdanowski stated, on our property…

Albert Majdanowski stated, on our property, the only thing that is…

Attorney Altman stated, the survey doesn’t show…

Director Weaver stated, survey shows it right on the line.

Joann Majdanowski asked, does it really?

Attorney Altman stated, yes, it does.

Director Weaver stated, I don’t know about the old survey, Dave you have the old survey sitting right beside you.

Joann Majdanowski stated, okay.

Attorney Altman asked, who services you, N.I.P.S.CO. or R.E.M.C…

Albert Majdanowski stated, R.E.M.C.

Joann Majdanowski stated, R.E.M.C.

Attorney Altman asked, I think that you should, I think that this would be awful good to get a letter from R.E.M.C., that this is okay like I think that you are suggesting right? This is not one where they’re in dyer rush on this. They already rushed it along.

President Thompson asked, so what are you suggesting Jeff?

Jeff Saylor stated, I think that the Board should have some letter of recommendation from the Power Company involved. I think in addition to that, Director Weaver mentioned the fire codes, I think that we should get a recommendation on what needs to be done to bring the building into compliance with those codes.

President Thompson asked, so are you suggesting that we table this?

Jeff Saylor stated, that would be my suggestion that we table that in hopes of having…

Albert Majdanowski stated, I was a fire fighter for 27 years. With my experience and my background, whether it’s a State Fire Code or whatever, by the time that Monon gets to my house, if I have a fire, which is the best that they can do is 10-minute response, probably 15 minutes. Fire doubles itself every minute, that house is gone, it’s gone.

Attorney Altman stated, the neighbors might not be if you have a firewall.

Albert Majdanowski stated, very true, that’s very true.

Attorney Altman asked, so are you moving to table this?

Jeff Saylor stated, I will make that motion.

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

David Scott seconded the motion.

President Thompson asked, it’s been moved and seconded, sir, do you understand what we’re asking of you?

Albert Majdanowski stated, to get permission from R.E.M.C…

President Thompson stated, well, a response of some type, see what their position on this.

Albert Majdanowski stated, I can take care of that, I will tell them to get the pole off of my property.

Jeff Saylor stated, I think that we’re asking to contact our Building Inspector to see what would be required to bring the building into compliance.

David Scott asked, how are we going to solve the issue of his garage is over on the neighbor?

Attorney Altman stated, he said that he is going to remove it.

David Scott stated, oh, okay.

President Thompson asked, he has to remove that part of it.

David Scott stated, okay.

President Thompson stated, okay, if everybody is understand, it’s been moved and seconded, I’m sorry Dave, go ahead.

David Scott stated, I wouldn’t go to the work of removing that until because, we still haven’t granted that on the property line because it may not get passed, you may have to move back further.

Attorney Altman stated, you’re exactly right, I think that it warrants some question on that.

President Thompson stated, okay, a motion has been made and second, all in favor.

The Board stated, I.

President Thompson stated, all opposed the same.

Director Weaver stated, okay, you do need to post that sign again, either leave with me and I can change the date or you can take it and re-post it and I will come out there and change the date.

Albert Majdanowski asked, what is convenient for you?

Director Weaver stated, leaving it here and having you come back and get it.

Albert Majdanowski stated, okay, I will come by tomorrow and go over to R.E.M.C…

Director Weaver stated, that will be fine.

President Thompson stated, now, September the 19th.

Albert Majdanowski asked, yes, okay and you said that you don’t want me to do anything?

President Thompson stated, just contact R.E.M.C., lets get something in writing from them and see what their…

Director Weaver stated, don’t make any changes to the structure at this time.

President Thompson stated, no.

Albert Majdanowski stated, thank you for your time.

President Thompson stated, okay, thank you.

****

#2136 Randall & Eydie Shepardson, Owner; Robert Hutter Jr., (Contractor) Applicant; Requesting a 16’ Side Setback Variance to build an attached garage on the existing home on Lot #2 in Breezy Hill Subdivision. The property is located in Monon Township at 3856 E. Bailey Road.

President Thompson asked, and you are?

Bob Guy stated, I’m Bob Guy, I’m here representing both the applicant and the property owner, I don’t believe that we really have anything additional to add. The property owners are here as well as the builder is here so if there are any questions of who’s the property owner and the building we would be happy to assist in answering any questions. It’s my understanding that they have contacted the adjoining property owners, I had checked with Director Weaver’s office earlier today, and she did not receive any objections to their request.

President Thompson stated, okay, thank you.

Director Weaver stated, we still have not received anything.

President Thompson asked, nothing?

Director Weaver stated, no, nothing.

President Thompson asked, Attorney Altman, do you have anything?

Attorney Altman asked, the proposed garage, the structure is a one-story structure proposed garage will be one story?

Robert Hutter Jr. stated, yes.

Attorney Altman asked, no inhabited portion of that right?

Robert Hutter Jr. stated, not at this time no.

Attorney Altman asked, not at anytime okay, unless it would be approved, okay?

Robert Hutter Jr. stated, okay.

Attorney Altman stated, you would have to come back to get approval on that.

Robert Hutter Jr. stated, okay.

Attorney Altman stated, otherwise you would be restricted by the terms of your proposal and we’re doing that based upon not being habitable at this time.

Robert Hutter Jr. stated, yes.

Attorney Altman stated, if you understand what I’m trying to say on the record.

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

Director Weaver stated, I would like to point one thing out to the Board, this is a grand fathered structure. This property is zoned business it was done it was rezoned in 1976 to business. The home existed at that time and under our current Ordinance a residence is not allowed in a business zoning but they can make an alteration to the extent not to exceed the aggregate cost of the assessed value of the building.

President Thompson asked, why would that have been a “B” zoning?

Director Weaver stated, I can’t really tell you that, we may be…

Randall Shepardson stated, Randall Shepardson, it was a resort at one time and there was a bait shop on the property.

President Thompson stated, oh.

Randall Shepardson stated, and over the years it was subdivided into homes.

President Thompson stated, I see.

Attorney Altman asked, and you’re not asking or going to have this to be anything but a residence right?

Randall Shepardson stated, yes…

Attorney Altman asked, it will not be business.

President Thompson asked, is there any other discussion?

Director Weaver stated, if something would happen to this home and it would be destroyed you would have to rezone it before you could build back under the current Ordinance, I just wanted to make sure that you know about that.

Attorney Altman stated, so it might be an awful good idea to get it rezoned sometime before you’re under pressure, just a suggestion.

President Thompson asked, are there others there that are the same way?

Director Weaver stated, I believe that the lot to the West of them also is rezoned, or is zoned B-2 and it part of the same subdivision.

President Thompson asked, anything else, Dave, Jeff, nothing, Carol?

Carol Stradling asked, single story garage?

Robert Hutter Jr. stated, yes it would be.

Attorney Altman asked, this would be on the sewer line too when it goes out, is it there already?

Randall Shepardson stated, yes we have it.

Attorney Altman stated, okay, very good, thank you.

With no further discussion the Board voted.


The Board finds the following:

1. That the building site is currently zoned B-2, General Business.

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 16’ Side Setback Variance to build an attached garage

on the existing home on Lot 2 in Breezy Hill Subdivision in Monon Township,

White County, Indiana.


COMMON DESCRIPTION: The property is located in Monon Township at 3856 E. Bailey Road.

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


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

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

Robert Guy stated, thank you.

Randall Shepardson stated, thank you.

Robert Hutter Jr. stated, thank you.

President Thompson stated, you’re welcome.

****

#2137 Kent & Polly Pollack Ron Pollock; Requesting to modify building plans for a new home on property that has had previous variances granted on lot #2 in Albertson 3rd Addition of Blue Bell Park. The property is located in Liberty Township at 5355 Blue Bell Park Road.

President Thompson asked, and you are?

Kent Pollack stated, Kent Pollack.

President Thompson asked, do you have anything to present to us tonight?

Kent Pollack stated, not at this time.

Director Weaver stated, I would like to explain this a little bit to the Board.

President Thompson stated, okay.

Director Weaver stated, he was in previously this year and requested a setback variance on the rear of the property. He has changed his building plans and is going to have more structures boarding that side than what was previously granted and therefore he is coming back to modify his request and that’s basically is what he is wanting to do tonight is modify that. I believe that we did send you a copy of the staff report form the previous variance and yes, on the back of it, it does show what was requested at that time.

President Thompson asked, any response from anyone?

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

President Thompson asked, Attorney Altman, do you have anything?

Attorney Altman asked, so what you’re putting is a larger garage on there is that what you’re doing?

Kent Pollack stated, the first was for a modular home and we deiced to stick build it. By doing that, I believe that we fall within all of the last variance requirements except the garage was going to be within, you know out of the variance requirement but going to be closer to the one neighbor. So this is to give them an opportunity to look at it and possibly not like…but it still falls within that 12.5’ so there’s really not a variance issue here it’s more of a structural issue I think to let everyone know what we’re doing.

Attorney Altman asked, so that the new structures will be the 15’ x 76’ is that the new one or am I looking at that wrong?

Director Weaver stated, this is the new one.

Attorney Altman asked, oh, that’s the new one, I’m sorry, I got the wrong one, okay, I see that so just a larger home and it will be stick built?

Kent Pollack asked, well, what we’re looking to do is we’re going to, as soon as I finish the drawings, need to get the holes and some divots and decide where we are at financially. If we’re in a good position, then I’m going to go with a stick built if not, I want to stay with a modular, that’s what we were, you know, variance before and I think that we’re still good for the either or correct?

Director Weaver asked, the modular was it a single story?

Kent Pollack stated, yes.

Director Weaver asked, and this would be…

Kent Pollack stated, no garage…

Director Weaver asked, and this would be 2 story, this is going to be 2 story?

Kent Pollack stated, yes, there will be a bedroom above the garage.

Director Weaver stated, that was the way that I was understanding it.

Kent Pollack stated, yes, the rest of the structure will be single story.

Director Weaver stated, okay.

Director Weaver stated, as long as they can meet the fire codes.

Attorney Altman stated, you better make sure that you meet fire codes.

Kent Pollack stated, oh yes…

Attorney Altman stated, putting a bedroom over a garage, we’re just questioning if you can do that.

Kent Pollack stated, oh, just put a 1-hour fire rated ceiling, basically it says….

Attorney Altman stated, as long as you can meet the code.

Kent Pollack stated, right.

Attorney Altman stated, I notice that you have presently, there is a mobile home in there, or a trailer in there.

Kent Pollack stated, yes, that would be removed.

Attorney Altman asked, all of that would come out and this would go in. Is there a septic system in there now?

Kent Pollack stated, yes, we put a new septic system in when we did that.

Attorney Altman asked, will the sewer line go through there?

Kent Pollack stated, you’ll see where it’s at.

Attorney Altman stated, I mean the sewage line the new one going…

Director Weaver stated, the new sewage system…

Kent Pollack asked, oh, the new system comes out?

Attorney Altman stated, yes.

Kent Pollack asked, no, it will to the other side, where the garage is bumped out, that’s where the tank is now. The way that I understand it, they destroy that tank and they come next to it and they share the two systems, are you talking about the new system coming through in 5 years right?

Attorney Altman stated, yes.

Kent Pollack stated, that will be a dosing system that will come in and go between our two properties, I believe that’s in the works along here.

Attorney Altman stated, so in several years you will be on this new sewer system?

Kent Pollack stated, oh, yes.

David Scot asked, am I looking at this right, is this garage just 5’ off of the road?

Director Weaver stated, that’s right.

David Scott asked, pardon me?

Director Weaver stated, that’s right.

Kent Pollack stated, the house was given a variance for that 5’, now we’re going to put a garage there.

David Scott stated, I’m concerned about backing out into traffic or, you can’t see them until you get, you might be in the lane of traffic before you can see, that’s my concern. I don’t know if there is anyway that, I mean it doesn’t look like it’s a safe situation…

Kent Pollack stated, well, all of the garages on that road are that way…

David Scott stated, oh.

Kent Pollack stated, every single one of them.

Carol Stradling asked, are the doors on the roadway?

Kent Pollack stated, yes.

Carol Stradling stated, okay, I…

Kent Pollack stated, so are all of the others.

Carol Stradling stated, I guess….

Kent Pollack stated, we’re at a dead end road…

David Scott asked, pardon me?

Kent Pollack stated, we’re the dead end.

Carol Stradling asked, the garage to the West of you…

Kent Pollack stated, that one enters in from the side.

Carol Stradling stated, that’s what the picture was indicating.

Kent Pollack stated, the one next to there and the one next to that.

Carol Stradling asked, and are they all about 5’ off of the road too?

Kent Pollack stated, they are less.

Attorney Altman stated, it really looks like…picture.

President Thompson asked, is there any other discussion, questions? If there is nothing, we shall vote.

David Scott asked, is it too late to ask a question?

President Thompson stated, no, go ahead.

Carol Stradling stated, tomorrow is too late.

David Scott asked, I don’t have any problem with what you are doing here, but I don’t like that garage sitting there like that. Is there any way that you can move that off of the road?

Kent Pollack asked, you mean any further?

David Scott stated, further to the…

Kent Pollack asked, the lakeside?

David Scott asked, to the North I guess, he structure and everything, can you move it closer to the water, is that a possibility?

Kent Pollack stated, it just shoves everything really tight, off of the design that I have right now but to answer your question, could I redesign things? Yes, sure but it would just squeeze, you can tell that we’re squeezed now.

Carol Stradling asked, can you put the doors on the East side of the garage instead of the South side?

Kent Pollack stated, no because there is 3 doors there an there is no way that I could get in, I would be driving over the septic system.

Carol Stradling stated, just checking.

David Scott stated, well, I guess if the rest of them are like that….

President Thompson stated, if you look down that street there…

Carol Stradling stated, well probably most of those are grand fathered structures.

Jeff Saylor stated, by the time that you get out of the garage, where you can see, the back of your vehicle is already in the roadway.

David Scott stated, in the roadway exactly.

Jeff Saylor asked, would that be safe to say?

Kent Pollack asked, say what now?

Jeff Saylor asked, if you were backing out this garage as proposed here by the time you’re driving a car backing in and out the garage where you can see, the back of your car would already be in the roadway.

Kent Pollack stated, yes, it would.

David Scot stated, that’s really the only objection that I have to what you’re doing here.

Carol Stradling asked, how many houses are down through from you?

Kent Pollack stated, I would say 12 or 13 that’s just on our side, there is nothing on the other side.

President Thompson stated, I looks like just a single lane driveway, all of the way back through there.

Kent Pollack stated, yes, there is.

Director Weaver stated, yes, it is.

Kent Pollack stated, another situation of course is for us to back in and the we just leave the same…our house done up here.

David Scott stated, well, I guess the rest of them are like that, it’s doesn’t look like a good situation.

Director Weaver stated, most of those are grand fathered structures, we’re in Liberty Township, the zoning just went in 1995, 1993 so most of those are probably grandfathered structures.

Carol Stradling stated, and even so they have been there that long and not had any problems.

President Thompson stated, or we would be getting a response, wouldn’t you think or maybe not.

Kent Pollack stated, well, there’s been two of them…that I can think of but then one was a brand new one.

Jeff Saylor asked, Director Weaver, in the photographs what we’re looking at, is there a landmark in there that might be about 5’ back from the roadway?

Director Weaver stated, I think that he would probably be able to answer that question better than I can.

Carol Stradling stated, I think that we addressed this at the last meeting and there is a shed there…

Jeff Saylor stated, that shed is about 5’ off of…

Kent Pollack stated, somewhere in that neighborhood.

Jeff Saylor stated, I’m just trying to get a picture of where the garage…

Kent Pollack stated, actually the building will be a little bit closer to the lakeside than the shed, the shed must be a little bit closer, I think is within…

David Scott asked, is that a county road or…

Kent Pollack stated, you take, you really sum it up in the middle of the shed.

Carol Stradling asked, it’s 5’ out?

Jeff Saylor stated, when you, if I’m reading this right, this is half way to the edge of the road to the utility pole.

Kent Pollack stated, um hum.

Jeff Saylor stated, I look at this utility pole that large garage building right behind his little shed appears to be about where he utility would be.

Carol Stradling asked, so he’s 5’ off of he property line but I believe that there is just a little bit to the roadway, is that what you’re saying Jeff?

Jeff Saylor stated, yes, I’m thinking that it’s probably not quite as close to the actual…

David Scott stated, with this survey….

Director Weaver stated, well, the way that he’s got it drawn here Jeff that the utility pole was going to be back further than the garage when it’s complete.

Jeff Saylor asked, it’s what?

Director Weaver stated, the utility pole will be back further than the garage.

Carol Stradling asked, you mean closer to the road?

Director Weaver stated, the garage will be closer o the road than the utility pole.

David Scott asked, is this a county road or is it just an easement for egress or what?

Kent Pollack stated, it’s just a gravel…

Jeff Saylor stated, okay, according to this, where this fence is next to the utility pole…

Director Weaver stated, that would be what I would guess.

President Thompson asked, what do they do like wintertime, what do they do with the snow?

Kent Pollack stated, we’re not here.

President Thompson stated, oh.

Kent Pollack stated, I would assume that someone must plow it because there is people that live there.

Director Weaver asked, you don’t know if the county maintains that road?

Kent Pollack stated, no, I don’t.

Director Weaver stated, it’s pretty bad shape, I would be surprised if they do.

Kent Pollack stated, garbage pickup, I don’t know if the county picks up the garage or not.

Director Weaver stated, no.

President Thompson asked, well, what are the Board’s wishes?

Carol Stradling asked, would it be possible if they have that switched Director Weaver? That this corner, this corner is the electric meter on he pole and the well is there because as I look at this picture, that pole is closer to the road than that garage.

Director Weaver stated, Mr. Pollack is the one that drew this up for us, he is an architect and he is the one that drew this up so…

Kent Pollack asked, you’re saying that the pole may be in the wrong spot?

David Scott asked, on your survey is the pole in the correct spot?

Kent Pollack stated, I’m not sure, there may be a possibility because when R.E.M.C. set it, well, they set it without me being there and they did the same thing with the gas.

Director Weaver stated, on your drawing you’re showing that the well is right on the corner of the road and the utility pole is further back.

Kent Pollack stated, that’s correct.

Director Weaver asked, towards the water?

Kent Pollack stated, yes.

Director Weaver stated, okay.

Kent Pollack stated, yes, the well is first.

Attorney Altman stated, the well would be almost in the road.

Kent Pollack stated, almost, we had to push it within the 50’ radius so with the septic that was a trip.

Director Weaver asked, the little white fence…

David Scott asked, so the pole is not in the right spot on this survey…

Carol Stradling stated, the pole is not in the right spot on the survey…

Kent Pollack asked, on the drawing.

Director Weaver stated, no, that’s right.

Kent Pollack stated, that was the very original drawing, I never moved that around.

Attorney Altman stated, so you’re saying that the well, come up please and maybe this will help if you look at this photo and then the Board could maybe help. There is a photo here that shows the fence and…

Kent Pollack stated, directly behind the fence maybe 6”…

Attorney Altman stated, the one that you’re talking about Jeff is where the…

Kent Pollack stated, just about right there, where the well is at.

Attorney Altman stated, the fence is rough speaking where the well is so that…

Kent Pollack stated, actually this pole is probably closer to here.

Attorney Altman stated, and that pole is much closer like to there…

Kent Pollack stated, yes close to the road.

Attorney Altman stated, so that it looks to me like it’s a little hard to extract that he’s probably back about in line with the garage that is…

Jeff Saylor asked, this one?

Attorney Altman stated, yes, that garage.

Jeff Saylor stated, that would be where the new…

Attorney Altman asked, new one would be, the new one would be, do you understand what I’m saying?

Carol Stradling stated, yes.

Attorney Altman stated, so it wont be as, nearly as close as what it will appear if you look, if you paved off of the electric meter pole.

Kent Pollack stated, I think this was the original drawings back in ‘94 something and that’s where it was suppose to be going, the electrical and R.E.M.C…

Attorney Altman stated, they put it up closer…

Kent Pollack stated, yes.

Carol Stradling stated, because what Director Weaver was saying is that the garage would come up beyond that pole and that didn’t line it up with the other garage because the…

Kent Pollack stated, the pole on the drawing is no longer…

David Scott asked, roughly in reference to the building there, where will the back of your garage be?

Kent Pollack stated, it will go over to about here…

David Scott asked, about the same spot or will it be back in here.

Kent Pollack asked, well, see this garage here, you can see that it’s dipped back out a little bit?

David Scott stated, yes.

Attorney Altman stated, the neighbor’s garage.

Kent Pollack stated, so it’s actually going to end up above the doors, I think the road has drifted toward us.

Director Weaver stated, I have your original variance here, it does look like you left that pole in the same location.

Kent Pollack stated, yes, I think that I did.

Director Weaver stated, and they had moved that pole…

Kent Pollack stated, no, no, no….

Director Weaver stated, the new meter pole service.

Kent Pollack stated, here all that I did is map out the new because it was already...but I never relocated the pole and R.E.M.C. before they came in and set the pole.

Attorney Altman asked, so it would be back at least like the neighbor’s garage?

David Scott stated, right, back here about where that door is, that gives a little more room.

There was discussion among the Board members and the Kent Pollack.

Attorney Altman stated, at least we know where it is and it’s not as close as what we’re thinking.

President Thompson asked, not quite as close, okay, is there anything else?

David Scott stated, well, I just want to make sure that we’re not setting a precedence for the neighbors coming in, if we create a problem with this one. I just want to make sure there wasn’t a problem with this one so when the neighbors comes in and wants to do the same thing.

Jeff Saylor stated, I think that the precedence is already set.

David Scott stated, already set.

President Thompson asked, okay, nothing else, ready to vote? We shall vote.

With no further discussion the Board voted.

The Board finds the following:

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

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

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

4. That no objectors were present at the meeting.

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

6. That the request is to modify building plans for a new home on property that has had previous variances granted on Lot #2 in Albertson 3rd Addition of Blue Bell Park in Liberty Township, White County, Indiana.

COMMON DESCRIPTION: The property is located North of Monticello at 5355 Blue Bell Park Road.


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


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

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

Kent Pollack stated, thank you.

Attorney Altman stated, and hook it to the sewer when it gets through.

Kent Pollack stated, okay.

****

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

Director Weaver stated, Attorney Altman has submitted back to the judge our request on our settlement with Mr. Babka.

Attorney Altman stated, I don’t have the word back whether they are going to accept it but I would just, if they don’t the next time that you are here I will have a hearing set if they don’t accept it.

Director Weaver stated, I can’t think of anything else that is going on.

Attorney Altman stated, Indiana Beach is going to judge, I’ll have a hearing date and report that, it’s going back, the….is coming to the judge that’s just standard operative procedure.

Carol Stradling asked, so if the judge rules in favor of them and against us, then Indiana Beach can’t be Indiana Beach anymore.

Attorney Altman stated, he would have to refer to us for our determination. He can say we just don’t have enough evidence or something like that and for further hearings as well.

Jeff Saylor asked, was it the blanket approval that was the problem?

Attorney Altman stated, no, they would have complained if, whatever you did.

David Scott asked, I didn’t understand your answer to her question. If he says that we voted the wrong way and then what happens to…

Attorney Altman stated, he should refer it back to the body…

David Scott asked, and why would we vote different than we did before?

Attorney Altman stated, to get more evidence and then vote base on that evidence.

David Scott asked, and then assuming…

Carol Stradling asked, we haven’t done that in the past.

David Scott asked, and what happens if we vote the same way, do they go back to court again?

Attorney Altman stated, I’m sure that they will.

David Scott asked, just keep going back and for….

Attorney Altman stated, it’s been their propensity to do that Dave so I think that’s what we’re down to.

David Scott asked, at some point I mean the buck has got to stop.

Jeff Saylor asked, I thought when we lost the lawsuit with Liberty Landfill, our verdict was overturned and that was just that.

Carol Stradling stated, um, hum.

Jeff Saylor stated, I mean it didn’t come back…

Carol Stradling stated, it didn’t come back to us.

Attorney Altman stated, this should come back.

Carol Stradling asked, why would this come back to us and, why would this come back to us Attorney Altman?

Attorney Altman stated, I just believe in merits that it should come back for further determination of the Board. That’s what I want to argue with the judge he’s going to run, argument number on is while supported and well argued and well decided but if there is anything needed that should be referred back to us for their, for their fact finding…

Jeff Saylor stated, I don’t see that we did anything wrong.

Attorney Altman stated, I don’t either, I don’t either, not at all, heard plenty of it, to support our decision.

David Scott asked, there won’t be a point and time when they say well, we was wrong and we have to take a roller coaster down or we have to do something radical?

Attorney Altman stated, I don’t think so, I don’t think so.

Jeff Saylor asked, and we’re still sitting at the point that if they, we still need to issue building permits and variances, is that on anything new that they do?

Attorney Altman stated, until we’re there, we…

Director Weaver stated, the County Commissioners’ Attorney is suppose to be drafting up a revision for our Ordinance to…

Attorney Altman stated, every time I talk to her…

Jeff Saylor asked, to what?

Director Weaver stated, to revise it to where we do not issue permits for the rides, structures yes, but rides no.

Attorney Altman stated, and when I talked to them, her, I never get anything in the way of a proposed modification of our Ordinance or our building permit Ordinance. So it’s, I’m sorry I’m interrupting, go ahead…

Jeff Saylor stated, no, I was just, so there is a new Ordinance in the works…

Director Weaver stated, suppose to be.

Jeff Saylor asked, that basically, removes this Board from needing to grant height request?

Attorney Altman stated, for rides.

Director Weaver stated, for rides.

Attorney Altman stated, for rides, as I understand it.

Director Weaver stated, right, for rides.

David Scott asked, who would do that, the State?

Attorney Altman stated, County Commissioners.

David Scott stated, County Commissioners.

Carol Stradling asked, now the County Commissioners wouldn’t grant the rides, the County Commissioners are drafting the Ordinance.

Director Weaver stated, their Attorney is drafting the Ordinance.

Carol Stradling asked, so we stay out of permitting the rides.

Director Weaver stated, right.

Carol Stradling stated, so we don’t get involved with that.

Jeff Saylor asked, that takes a degree of local control out of the…

Director Weaver stated, right and the reason that they want to do that is because the rides are regulated and inspected by the State.

David Scott stated, that doesn’t keep them from encroaching on neighbors.

Director Weaver stated, no it does not.

Jeff Saylor asked, my concern out of all of this is when Sixth Street starts looking like Pigeon Forge in another 10 years, are people going to be wishing that maybe they had kept a little local control about putting a roller coaster up next to a residential area?

****

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