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The White County Board of Zoning Appeals met on Thursday, May 15, 2003 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. Also attending were Attorney Jerry Altman and Director Diann Weaver.

Visitors attending were: Charles Mellon, Willis Rusk, Merle Pherson, Jeff Brown, Ruth Thompson, Jack L. Thompson, Kevin N. Austin, Doug Barnard, Bob Laumann, Dennis Tucker, Barbara Tucker, Mary & Ed Hoffman, Pat and Beatty Fisher, Tim Schaffer, and Charlie Roberts.

The meeting was called to order by President Jerry Thompson and roll call was taken. Carol Stradling made a motion to dispense with reading and approve the minutes of the February 20, 2003 and March 20, 2003 meeting. Motion was seconded by David Scott and carried unanimously. Carol Stradling made a motion to address the April 17, 2003 minutes at the June meeting. David Scott seconded the motion. Attorney Altman swore in all Board members and audience members.


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#2188 Robert D. Pavy, Owner; L. Dowal Dellinger, Applicant: The property is located on 84 acres except 4.15 acres, North of County Road 225 North directly North and West of 3148 N. 400 E. This was tabled from the April 17, 2003 meeting.

Violation: None.

Request: They are requesting a Special Exception to enlarge and bring the

existing campground into compliance.

President Jerry Thompson stated, this has been tabled and this was brought to our attention prior to the meeting. This will be tabled until June 19, 2003 meeting.

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#2198 Jeffrey W. & Veronique D. Brown; The property is located on the North Half of Lots 115, 116, 117 and 118 in D & H Addition, in the City of Monticello at 317 N. Second Street.

Violation: None.


Request: They are requesting a 14’ front setback variance to build a storage shed

on the property.

President Jerry Thompson asked, is there anyone here representing the Browns?


Jeff Brown stated, yes, I’m Jeff Brown.


President Jerry Thompson asked, do you have anything additional to present?


Jeff Brown stated, just to answer any questions.


President Jerry Thompson asked, Diann do you have anything?


Director Weaver stated, we have not received anything in the office.


President Jerry Thompson asked, no fan mail or anything?


Director Weaver stated, no.


President Jerry Thompson asked, Jerry do you have anything?


Attorney Altman stated, no, you understand that if the board grants this variance then you will proceed to build based on that and all of those lots will be effectively married together, so long as you use them for the facts of this variance. You can’t sell off any part.


Jeff Brown stated, yes.


President Jerry Thompson asked, any questions from the Board to Mr. Brown?


Pat Fisher stated, my name is Pat Fisher. I live in the neighborhood of Mr. Brown, at 505 Foster Street. I had a few questions, I noticed that it looks more like a warehouse then a storage building because it is so big. I was concerned because I know when we owned the property in the beginning there were already a couple of things there. We had, about 40 years ago, built 2 utility buildings of some kind, I don’t know what they housed or anything. The back of the one lot next to Mr. Brown’s property they’re on Foster Street. They are rather ugly and I just wonder what is the reason to have co-regulations and then grant all of these variances all of the time. I mean you can’t discount the things that were there before housing started up there. Why change the variance when there is probably some place else to build that. I was under the impression that it was going to be used not really just for storage, but for maintenance repairs on trucks.


President Jerry Thompson asked, mam do you have a copy of this plat that the board has in front of them.


Pat Fisher stated, I have something that came in the mail.


President Jerry Thompson asked, do you have the survey?


Pat Fisher stated, no.


President Jerry Thompson asked, could you come up here and show us on this survey where you are located?


Pat Fisher stated, okay.


Pat Fisher is showing them where she is located on the survey.


The Board is going over the survey of where Pat Fisher lives and the empty lots.


Jeff Brown stated, the storage is for my personal storage. It doesn’t have to do with my company. I own rental property here in town, probably 40 some different places. I’ve got refrigerators, chairs, mowing equipment to store and having it right there at my location is what I wanted to do. I’ve got stuff in the house that I need to store. Are there any other questions? She was talking about those old buildings behind, Kenny Felker lives there now, those were the original Government buildings that they put up after the tornado and they do not look real nice, but mine would be similar to a FBI style. It will be color coordinated with my house. It will be gray and dark gray trim. We are trying to keep it nice.


Pat Fisher asked, how tall of a building is it.


Jeff Brown stated, to the eave it is 14’ that way if I need to get my truck in, my gas truck, I work on it outside for 30 some years in the snow changing oil. That is only once every 3 months, but the truck sits right across the street from my house anyhow.


Pat Fisher stated, there are duplexes on the other side of the street from Mr. Brown’s house and then there are residences on the other side of Foster where we live.


Jeff Brown stated, we were there before the duplexes were.


President Jerry Thompson asked, Carol, Gary, and Dave any questions?

Does anyone else care to address the board for or against?


Carol Stradling asked, do you have another piece of property that you could build storage.


Jeff Brown stated, not personal property, no.


Carol Stradling stated, I’m looking at a 40’ x 56’ building. This is a large building and I’m just trying to, we put one in our park down in Delphi and I’m just trying to picture that setting there in town. I know they can make it nice.


Jeff Brown stated, it sits next to a tree line. There is a tree row right there next to the East End of the property. It kind of sits back, its kind of hidden. It is not visible, but there is a lot of traffic.


Carol Stradling stated, so it will be single story and the pitch on the roof?


Jeff Brown stated, probably 412 standard 412. That would make it total out close to 20’ maybe a little over at the peak.


Director Weaver stated, you are going to have a problem with the height. The building is going to be to0 tall. Maximum height currently in Monticello is 15’. We are in the process of getting an amendment done to the ordinance to allow 17’ and this is to the peak, so it is going to be taller than what we would allow. You are going to need a height variance as well.


Jeff Brown stated, well I thought that is what I talked to you about at the same time we were going to go for.


Director Weaver stated, the house is 30’, so that, its not on the staff report. Did we not get it on your application for the height?


Jeff Brown stated, probably not, but I thought Jim had put it on the drawing.


Attorney Altman stated, get the file so we can see.


Director Weaver stated, you are right, it does say setback in height, so we have missed that. Best thing for us to do would be to table it until we get the height done as well.


Jeff Brown stated, what ever you need to do.


Director Weaver stated, what we will have to do is re-advertise it. Then come back at the next meeting. I apologize for that, I didn’t remember that, but it was pretty hectic at that time.


Jeff Brown stated, fine, so I don’t need to add my house then, if I’m adding another story.


Director Weaver stated, just as long as it is not over 30’


Attorney Altman stated, if you look at the newspaper article it only says front setback.


Carol Stradling asked, Jeff do you have a drawing of what it is intended to look like? I have seen some nice pole building and I have seen some not so nice pole buildings.


Jeff Brown stated, not an actually drawing. I have looked at FBI and Menard’s down there, at their drawings. I haven’t really gone that far as to getting a drawing made up.


Carol Stradling stated, if they could, if you are getting it from a lumber yard whatever they could put something together so people could see. I’m not sure color wise, but you know so we could get kind of a visual of how the peak will be and how big the building is and what it will look like and how it will fit in the neighborhood. I think those places will do it for nothing and since we need to table it anyway, if you could do that, it would be great.


Jeff Brown stated, sure.


Carol Stradling stated, I know there are things you can do to the building adding eaves, gutters, and windows to make it look less like a pole barn and more like a large garage or what ever.


Jeff Brown stated, yes, it will be a concrete driveway up to it, landscape close to it. We haven’t even started anything.


Carol Stradling stated, that would be great if you could do that.


President Jerry Thompson stated, so it is agreeable to table it to the next meeting.


Jeff Brown stated, that is fine, we need to get the height in there.


Director Weaver asked, the height is going to be 20’?


Jeff Brown stated, 21’ with a 4/12 pitch.


Director Weaver stated, we would need you to come in and sign a new application.


President Jerry Thompson stated, while we are in the process of re-advertising this now, has this been the center of your business in the pass or is it going to be?


Jeff Brown asked, you mean my gas business?


President Jerry Thompson stated, yes.


Jeff Brown stated, no, it is separate. It has its own buildings and all of our oils, salts, and forklifts.


Attorney Altman stated, it isn’t zoned for business is what we are trying to say. We want you to understand that you can not use this for your business.


Jeff Brown stated, yes, I have trailers, mowers, and stuff to put in there.


President Jerry Thompson stated, okay we will table this as well for the June 19 meeting.


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#2199 Willis & Wilma Jean Rusk; The property is located on Lot 25 on Walnut Street in the Original Plat, in the Town of Monon at 311 N. Walnut Street.

Violation: None.

Request: They are requesting a 24’ front setback variance to replace a roofed

porch on the front of the existing home.

President Jerry Thompson asked, is there anyone here representing the Rusk’s?

Willis Rusk stated, yes, Willis Rusk.

President Jerry Thompson asked, would you mind coming forward please? Do you have anything additional to present to the board tonight?

Willis Rusk stated, I have not been involved in anything like this before, so I don’t know. I just want to add on to the roof of the house.

President Jerry Thompson asked, has there been any response from anyone Diann?

Director Weaver stated, I have not received anything in the office, no. He has already received a permit to put the decking on this front porch and after that permit was issued he decided he wanted to extend this roof and that is when he came in and filed his variance.

President Jerry Thompson asked, Jerry do you have anything?

Attorney Altman asked, this wouldn’t have any adverse effect on traffic or visibility or anything like that?

Director Weaver stated, he is not on a corner.

Attorney Altman stated, I understand that, I just wanted to hear that, and the neighborhood would fit right in from what I can see in the pictures and all and it is about the same as the neighbors out there.

President Jerry Thompson asked, is there anyone here who cares to speak either for or against?

Without 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 24’ front setback variance to replace a roofed

porch on the front of the existing home on Lot 25 on Walnut Street in the Original Plat of Monon, White County, Indiana.

COMMON DESCRIPTION: The property is located in the Town of Monon at 311 N. Walnut 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 4 affirmative and 0 negative.


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

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#2200 Merle L. & Bettie L. Pherson; The property is located on part of lots 153, 166, 167 and 180 in Walker, Jenner and Reynolds Addition, located in the City of Monticello at 409 S. Maple Street.

Violation: None.

Request: They are requesting a 13’ front setback variance to build a roofed porch

on the existing home.

President Jerry Thompson asked, you are?

Merle Pherson stated, I’m Merle Pherson.

President Jerry Thompson asked, do you have anything extra you would like to present?

Merle Pherson stated, no sir, just want to build a 7 x 24 porch so my wife can sit on it and rock.

Director Weaver stated, we have not received anything in the office on this.

President Jerry Thompson asked, Jerry do you have anything?

Attorney Altman stated, conform to the height and all on the present home.

Merle Pherson stated, yes it will be, its going to the gable. The roof with is gable height to the pitch.

Attorney Altman asked, it would just be a continuation?

Merle Pherson stated, no, its gable this way and I’m coming off at the fresh part of the gable to the front.

Attorney Altman asked, same material as what you have?

Merle Pherson stated, yes same white vinyl.

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

Carol, Dave, Gary do you have any questions?

Carol Stradling stated, the drawing indicates that the porch will just go to the edge of the house, but there is no door on the front of the house.

Merle Pherson stated, there is no door. I have two windows on the West Side of the house.

Carol Stradling asked, so are you going to extended it so she doesn’t have to come into the weather?

Merle Pherson stated, no she is going to have to walk out side to get underneath it. No I’m not cutting a hole into the house.

Without 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 13’ front setback variance to build a roofed porch

on the existing home on


Tract I:
A part of Lots Numbered 166, 167 and 180 in Walker, Jenner and Reynolds Addition to the City of Monticello, White County, Indiana, described by: Beginning at the Southwest corner of Lot Number 180; thence North 141.60 feet; thence South 89 degrees 10 Minutes East 85 feet; thence South 61.60 feet; thence West 15.23 feet; thence South 49 Degrees 45 Minutes West 25.29 feet; thence South 39 Degrees 13 Minutes West 80.00 feet to the point of beginning.





Tract II:
That part of Lot 153 and Lot 166 in Walker, Jenner and Reynolds Addition to the City of Monticello, White County, Indiana, described by: Beginning at the Southwest corner of said Lot 153; thence North 00 Degrees 35 Minutes East a distance of 15.29 feet; thence South 89 Degrees 11 Minutes East a distance of 85.03 feet; thence South 00 Degrees 40 Minutes West a distance of 25.32 feet; thence North 89 Degrees 07 Minutes West a distance of 85.00 feet; thence North 00 Degrees 35 Minutes East a distance of 9.974 feet to the point of beginning, containing 2,150 square feet.

COMMON DESCRIPTION: The property is located in the City of Monticello at 409 S. Maple 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 4 affirmative and 0 negative.

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

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#2201 Kevin N. & Jessica A. Austin; The property is located on Lot 25 in Lehe Subdivision Part III, Southeast of Brookston at 10966 S. Lehe Road.

Violation: None.

Request: They are requesting a 6’ front setback variance to build a roofed porch

on the front of the existing home.

President Jerry Thompson asked, and you are?

Kevin Austin stated, I’m Kevin Austin.

President Jerry Thompson asked, do you have anything you would like to present other than what was described?

Kevin Austin stated, no.

President Jerry Thompson asked, Diann?

Director Weaver stated, again we have not received anything in the office.

Attorney Altman stated, again this structure would fit in with the home that is there and continuation of the roof and be in material as the present structure.

Kevin Austin stated, yes.

President Jerry Thompson asked, anyone care to address this either for or against? Carol, Dave, and Gary?

Carol Stradling stated, I’m just surprise they didn’t put a porch on to begin with. It looks like it will be a nice improvement.

President Jerry Thompson stated, he is not the original owner. I can answer for him, I know him pretty well. How long have you been there Kevin 5 years?

Kevin Austin stated, 5 years.

Director Weaver stated, this subdivision has the old set backs which is 50’ is the front set back.

David Scott stated, I was going to ask you that, I thought 50’ was a heck of a setback.

Director Weaver stated, that is our old setbacks for the R-5 zoning, that we don’t have any longer.

Attorney Altman stated, it’s tied in with the Subdivision ordinance, so it is still there. To do this, he needs the variance.

President Jerry Thompson asked, any other discussion?

Without further discussion the board voted.

The Board finds the following:

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


2. That the lot is a 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 6’ front setback variance to build a roofed porch on

front of the existing home on Lot 25 in Lehe Subdivision Part III in Prairie Township, White County, Indiana.

COMMON DESCRIPTION: The property is located Southeast of Brookston at 10966 S. Lehe 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 your building permit before you proceed.

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#2202 Aardvark Video Repair Inc., Owner; Barnard Construction; Applicant: The property is located on Lot 7 in Johnson-Tribbett Subdivision, in the City of Monticello at 824 N. Sixth Street.

Violation: None.

Request: They are requesting a parking variance for 5 spaces. They are required

to have 24 spaces and are wanting to have 19 spaces for a video and

electronics business.

President Jerry Thompson asked, Doug do you have anything?

Doug Barnard stated, Doug Barnard as the applicant for the Motels as the owners at Aardvark. It’s an existing building, we are adding a 30 x 30 addition on the back going to be adding a few parking spots along with that addition, but we are still not up to the 1 per 100 sq. ft. of the total area of the store. They actually need 24 required for 2400’ of store.

Carol Stradling asked, can you tell me what the addition will be used for? Is it going to be a repair area or retail?

Doug Barnard stated, strictly storage for boat and car.

Director Weaver stated, we did issue a permit for the addition on the back you can see in your pictures that it is already up. That permit was issued with them meeting the parking lot requirement and then they came in and filed the variance.

Doug Barnard stated, I guess the only other thing I would add, would be that in the July 2001 BZA meeting the variance was granted for 5 spots on the original store. That does not carry over since we are getting a new building permit, so really what we are doing is just trying to bring it back into compliance and maintain the old variance.

President Jerry Thompson asked, any response from anyone?

Director Weaver stated, no.

Attorney Altman asked, it would be all blacktop?

Doug Barnard stated, as per the City ordinance.

Attorney Altman stated, it’s just the numbers.

Doug Barnard stated, correct.

Carol Stradling asked, does he anticipate people having to leave their cars, drop them off and come back at the end of the day. Will you have problems parking while they are waiting to pick them up?

Doug Barnard stated, it hasn’t been a problem in the pass and it’s actually just taking an existing spot that was used for insulation area garage area that has been moved back and expanded, so they have more room to work in their office area.

President Jerry Thompson asked, is there anyone who cares to speak either for or against the variance. Dave, Gary, and Carol anything else?

Without 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 parking variance for 5 spaces. They are required to have 24 spaces and are wanting to have 19 spaces for a video and electronics business on Lot Number Seven (7) in Johnson-Tribbett Subdivision located in the City of Monticello, White County, Indiana.


COMMON DESCRIPTION: The property is located in the City of Monticello at 824 N. Sixth 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 4 affirmative and 0 negative.

Attorney Altman stated, you might want to get the permit amended, so it shows that you have done the variance.

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#2203 Robert L. & Shirley Laumann; The property is located on Lot 14 in Stahl Subdivision, North of Monticello at 5945 N. Stahl Road.

Violation: None.

Request: They are requesting a 6’ North side setback variance to build an

addition onto the existing home.

President Jerry Thompson asked, sir you are?

Robert Laumann stated, I’m Robert Laumann.

President Jerry Thompson asked, do you have anything you would like to present other than was has been described?

Robert Laumann stated, no, I think removing an existing screened in porch and 10 x 12 screened porch making a room addition out of it 12 x 26. It will be a dining area and family room, no bathroom nothing in there.

Director Weaver stated, we have not received anything in the office.

President Jerry Thompson asked, Jerry anything?

Attorney Altman stated, this is on the sewer system already.

Robert Laumann stated, yes.

President Jerry Thompson asked, anyone here to speak on this variance. Any concerns from the board?

Carol Stradling asked, a question I know it caught my eye on the next one. I know how we have dealt with this before, but if a piece of equipment needs to get to the lake for some reason, I’m just kind of wondering how?

Robert Laumann stated, there is room on my side. The other side there would be room too although, there is a fence next to meet. The North side where the addition is going to be there is no fence. That is where we had our well fixed they went in between our garages

Carol Stradling stated, I noticed that they are real close and well how do you get passed that if somebody puts up a fence. It seems like you answered that.

President Jerry Thompson asked, Dave or Gary? Carol are you satisfied? Any other questions?

Without 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 6’ North side setback variance to build an addition onto the existing home on Lot 14 in Stahl Subdivision in Monon Township, White County, Indiana.

COMMON DESCRIPTION: The property is located North of Monticello at 5945 N. Stahl 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 10.10of 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.

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#2204 Dennis R. & Barbara Tucker; The property is located on Lot 67 in Bedford Bay Subdivision #4, South of Monon Road, West of 300 East at 2901 E. Bradford Court.

Violation: None.

Request: They are requesting an 8’ side setback variance, 9’ side setback

variance, and a 2’ front setback variance to build a room addition onto

the existing home and to bring it into compliance.

President Jerry Thompson asked, and you are?

Dennis Tucker stated, I’m Dennis Tucker.

President Jerry Thompson asked, do you have anything you would like to present to us tonight.

Dennis Tucker stated, no its shows I want to put on 2 floors attached to the house, and that there will be, there isn’t a whole lot of clearance on site that is why I’m getting the variance. The neighbors do have the extra room, I don’t know if that is an issue or not. In fact one neighbor said, if I had to she would see me some of her land. I didn’t have any complaints. I have my other neighbor that side I’m building on.

President Jerry Thompson asked, you people are?

Mary Hoffman stated, we are the neighbors on that side and we were a little concerned when we saw the drawing because it was 1’ from the fence.

President Jerry Thompson asked, so you are lot 66?

Mary Hoffman stated, yes.

Dennis Tucker stated, the drawing he drew up is going to be kind of short. It is showing 13’ out from the eave and I’m only going 12’ from the base out. There is like 15’ from the base to the property line. There is going to be a walk way on the side. A 3’ walk way.

Carol Stradling asked, your eave goes out 13’?

Dennis Tucker stated, no, no they drew it from the eave to the property line. See this sticks out like a foot and half. There is actually 3’ on the base and there will be a 1’ over so it is going to be 2’ between the property line and the eave. I have a 1’ ½ on the other side, basically from the eave of the property 2’, but when you walk from the base to the property line you will have a 3’ walk.

Carol Stradling stated, that is not the way he drew this up.

Dennis Tucker stated, yes, I know. I’m going to be going shorter of what he is saying. He says longer and I’m saying I’m going shorter. He is showing 1’ from the property line and it is actually going to be 2’.

President Jerry Thompson asked, Carol have you had any response from anyone first of all?

Director Weaver stated, no. I was working on your building permit this morning, how long is your house? Is there a deck towards the water attached to the house?

Dennis Tucker stated, a deck on the house, no.

Director Weaver asked, has there been at one time?

Dennis Tucker stated, I don’t know, I have only been there about 4 years. They would know, they have lived there a lot longer. There is a concrete patio.

Director Weaver stated, yes, I saw that.

Dennis Tucker stated, there is a landing to walk down to the shore, and then a corrugated roof thing over that on the property line. Then I have 2 sheds right next to my 1 side of the house.

David Scott stated, so what you are saying is that you are going to be 2 ½’ off the property lines.

Dennis Tucker stated, yes, from the eaves.

David Scott asked, the eaves are going to be 2 ½’ from the property line or the side of the house is?

Dennis Tucker stated, the eaves, the side of the house will be 3’.

David Scott stated, well you have 1 ½’ eave, so you are going to be 1 ½’ off of the property line with the eave.

Dennis Tucker stated, I think I want to match it with the other side. It could be a 1’ or what ever.

Director Weaver stated, I do want to mention his drawing makes it look like the sheds are attached to the house and they are not.

Carol Stradling asked, what is this addition, how will it be used?

Dennis Tucker stated, first I want a single car garage and a room behind it and go upstairs to the bathroom and 2 bedrooms. We only have 1 bedroom. We are on the sewer system. It’s just too small for us right now.

David Scott asked, could you show me where your neighbor’s shed is?

Dennis Tucker is currently showing the board where the neighbors shed is on the maps.

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

Mary Hoffman stated, I’m the next door neighbor……. (Can not hear her.)

Attorney Altman stated, you need to speak up, we can not hear you.

President Jerry Thompson asked, so you are in favor of what he wants to do?

Mary Hoffman stated, well I think it would be all right. He said he would put gutters on, so that the water would not come over on our side.

Attorney Altman stated, the gutters have to be taken by tile to the lake.

Dennis Tucker, yes, and we have talked about that.

Attorney Altman asked, you don’t have any trouble if they need access to the lake coming onto your property.

Mary Hoffman stated, no….. (can not hear her).

Attorney Altman stated, that’s the way improvements always are. They are for the long haul, so you can’t say as long as I’m here if you add something to it. It is there beyond when I’m here.

Mary Hoffman stated, we are old and we may not be here much longer.

Attorney Altman stated, well that is why we need your assurance for the future not just while you are there.

President Jerry Thompson asked, Carol, Dave and Gary?

Carol Stradling asked, why did they set it back so far, so it ends up being so close, you don’t know that, do you?

Dennis Tucker stated, in the one corner isn’t even when we bought it.

Carol Stradling stated, if they would have put that forward towards the street 20’. I just really have a problem with you building, I mean you are essentially from the lot line to the lot line. I see your dilemma, but I…. There is only one bedroom in there?

Dennis Tucker stated, right, that is the problem.

David Scott stated, you couldn’t even get to the lake without going on to the neighbor’s property.

Dennis Tucker stated, basically, if I do that, yes. There is only 15’ on that side. From the face to the property lines.

David Scott stated, I’m not against what you are trying to do here, just looks.

President Jerry Thompson asked, is there anymore discussion? Carol?

Carol Stradling stated, I don’t think so.

President Jerry Thompson asked, Gary? Or David?

Attorney Altman stated, this is pushing the envelope here folks so as a board.

David Scott stated, I don’t want to stop this fellow from what he is trying to do here, it’s a bad situation.

Carol Stradling asked, can you build on to the road side.

Dennis Tucker stated, it is 40’ out, you are making it one long building. That is why it is more economical for me to go to the side to build the rooms.

President Jerry Thompson asked, even if you narrow it up a foot that makes it an odd measurement too.

Attorney Altman asked, what is the roofline going to be on this improvement?

Dennis Tucker stated, it would be a long one. It would be long and then short for the addition. The existing front window will be the front door and then the garage would be the addition-opening coming in, just like a single. The first floor will all be concrete with the base around it.

President Jerry Thompson asked, any more discussion Dave?

Dennis Tucker stated, even my one neighbor said if I need land, I could see some way of buying his land.

David Scott asked, would you neighbor give you 10’ easement?

Carol Stradling stated, it would be on the other side.

Dennis Tucker stated, they did offer, they said if you need to buy some, you need to find out how to do it and we will give 10’ to 15’ if you needed it.

Attorney Altman stated, you can do that and I think you might want to strongly consider it.

David Scott stated, as long as these people are not against you building on the property line, if you could get a 10’ utility easement or either on the other side, so you could get down to the water or get around your house or something. That person would have to record the easement and then your neighbor would have to understand that he could not do anything on this. You could never build anything on that. I think I would probably do that.

Attorney Altman asked, are you asking him to table this until he has that done?

David Scott stated, if you could get an easement then you wouldn’t have to buy it.

Attorney Altman stated, you just go to the surveyor and have him survey and proceed the description. Then have an attorney prepare a deed and transfer it so it does like Dave is trying to say and ties it up so that you’ve got some space between your property and the neighbors that is tied up forever.

Dennis Tucker stated, right.

President Jerry Thompson stated, it says 38’ there of working space possibly there for you.

Attorney Altman stated, we need to look at public safety. It isn’t just you folks, it’s the public that might be down there so a firefighter need a decent way to get down there. An ambulance person needs that to get down there. That is what we are really worried about as well as. The other thing is you have to understand that along that whole side it has to be. Yours has to be set up so it is has a firewall.

Dennis Tucker stated, yes, I know that on the garage.

Attorney Altman stated, the whole building.

Dennis Tucker stated, the whole building.

Carol Stradling asked, so are we going to table this and you can get back and rethink what you might want to do?

Dennis Tucker stated, I would have to ask them, like I said they offered to sell me property before.

President Jerry Thompson stated, if you could come up some king of an agreement with them, even if you didn’t exchange money.

Attorney Altman stated, and have it in writing.

President Jerry Thompson stated, it would allow you a little breathing room there.

Are you against the clock here or a time frame?

Dennis Tucker stated, I’m still struggling to get people who want to build in that close of quarters.

Attorney Altman stated, so this will be table to the June 19, at 7:30 right here.

President Jerry Thompson stated, get in contact with Diann if you have any questions, call her office.

Dennis Tucker stated, okay. I wish that neighbor would have been here.

Carol Stradling stated, if that doesn’t work, I don’t know if you might want to rethink building something on the front. I see where you would need more space, but.

****


#2205 Charles Roberts & Tim Schaffer; The property is located on part of Lot 2 in J.C. Reynolds 3rd Addition Block 5, in the City of Monticello at 210 & 212 S. Third Street.

Violation: None.

Request: They are requesting a 17’ front (3rd Street) setback to build 2 roofed

porches on the front of the duplex and an 8’ front setback variance to bring the existing duplex into compliance.

President Jerry Thompson asked, you are?


Charlie Roberts stated, I’m Charlie Roberts.


President Jerry Thompson asked, do you have anything else to add to this?


Charlie Roberts stated, I don’t think so.


President Jerry Thompson asked, Diann?


Director Weaver stated, I have not had anything on this I the office.


President Jerry Thompson asked, Jerry any comments?


Attorney Altman stated, no.


President Jerry Thompson stated, there is no written response, I know who else is out in front. Carol, Dave and Gary any questions for him?


Carol Stradling stated, it’s just a stoop?


Charlie Roberts stated, yes a two column stoop.


David Scott asked, with a roof over this?


Charlie Roberts stated, yes.


Carol Stradling asked, you kind of already got it framed out already in the pictures? I don’t know if you have seen these pictures.


Charlie Roberts stated, yes.


He is currently looking at the pictures with Carol Stradling.


Carol Stradling stated, the survey indicates that there is 15’ from your new stoop to the, I guess that would be the edge of the street.


Charlie Roberts stated, yes, part of that is to the right of way.


Carol Stradling asked, so is the sidewalk going to be on the or in the 15’ or is it going to be outside the 15’. I guess that is my question. I see the van parked there.


Charlie Roberts stated, I know the sidewalk space between those to.


David Scott stated, in our town the sidewalk is in the right of way.


Attorney Altman stated, I would guess by looking at that it would be about the sidewalk is more than 15’ from the building, even adding the stoop on there.


Charlie Roberts stated, I think the actually building itself measures 23’ now, so what he has showing here is with the roof line, which is a 1 ½’ over about 20” over. This drawing of this stoop is again 18” larger than what the actual porch is.


Director Weaver asked, so you have parking for both units?


Charlie Roberts stated, yes.


Director Weaver stated, yes, I knew there was a garage. You are required to have 2 parking spaces per unit.


Charlie Roberts stated, there is 2 per unit.


Director Weaver stated, there is, okay.


President Jerry Thompson asked, is there anymore discussion?


Without 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 17’ front (3rd Street) setback to build 2 roofed porches on the front of the duplex and an 8’ front setback variance to bring the existing duplex into compliance on 57.00 feet of even width off of the East side of Lot 2 in Block 5 in J.C. Reynolds Third Addition in the City of Monticello, White County, Indiana.

COMMON DESCRIPTION: The property is located in the City of Monticello at 210 and 212 S. Third Street.


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

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


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


****

President Jerry Thompson stated, those of us on the board over the years, it is common I think for us to set here and scan the crowd and try to figure out who is who. I think the board all knows Charles Mellon setting in the back row and the other couple is my parents Jack and Ruth Thompson. This is Gary Barbour, Carol Stradling and David Scott. Diann Weaver, you know of course Attorney Altman.


President Jerry Thompson asked, Diann do you have anything else?


Director Weaver stated, unless you want to talk about Waugh.


President Jerry Thompson stated, yes, we do. Jerry do you want to explain this?


Attorney Altman stated, this is just the next step taken in an appealing this matter. What we do next is we prepare and give them a copy of the record of the proceeding, so the judge then has before him in the case, what we had in the way of record and in the way of evidence. Then the judge has it before him and to make a decision on that. That’s the way it is.


Carol Stradling asked, what judge would it go to?


Attorney Altman stated, Judge Thacker, and obviously from looking at it, I got mine yesterday, but I was out of the office all afternoon. I haven’t read it yet, so I can say much more than that. I’m sure that is what it is.


Director Weaver stated, I did talk to George Loy and he said anything we need or offering his service to let him know.


Attorney Altman stated, that is one thing we need to do is get a copy to him and.


Director Weaver stated, he got his own copy, he called me.


Attorney Altman stated, the other thing is suppose to be tomorrow is the Indiana Beach argument that has been continued until June. We set the Juanita Waugh removing the fence, but she has now applied for a building permit application and which may or may not be denied because of it being to high. It will be August 8th. I’m trying to think if there is anything else. No I think that is it.


Director Weaver asked, I would like to know about the Babka situation? This fine has been going on for a year. I think we need some closure on it. We need to do something with it.


Attorney Altman stated, the last time I talked to him they were going to pay the full thing.


Director Weaver stated, I want to see results, a year is too long.


David Scott stated, I don’t remember that.


Carol Stradling stated, I think that was before you were here, its been a long time.


Attorney Altman stated, let me write it down Diann.


Director Weaver stated, we were set to go to trial a year ago May.


President Jerry Thompson asked, is they’re anything else?


Director Weaver stated, I do have one thing I need to talk about, I just about let it slip by. We issued a permit for a new sign on a corner lot. We were very explicit with the owner of the property that the sign had to go 10’ back from the road right away. His realtor then called me a couple of days later and was asking me about that setback and told me that the pole did not come down. The way we have always treated signs, if the pole remains up the grandfather clause is not broke. They can change the facing all they want, we don’t even issue a permit for it. If you take the pole down it has to be in compliance. It just so happens that I drove out by there the same day and the pole was gone. They have not put the sign and the pole back up. It is in an area that it is going to end up being removed because or the expansion of 6th Street. Does the board want to pursue this or leave it alone?


Gary Barbour stated, I don’t think we can not pursue it


Director Weaver stated, thank you, I want to pursue it, but I wanted the board’s backing first. The simple fact is that I was deceived.


President Jerry Thompson asked, anything else. If not meeting adjourned.


The meeting adjourned.

Respectfully submitted,

Gary Barbour, Secretary

Diann Weaver, Director

White County Area Plan Commission