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The White County Board of Zoning Appeals met on Thursday, June 19, 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 and David Stimmel. Also attending were Attorney Jerry Altman and Director Diann Weaver.

Visitors attending were: Art Anderson, Willie J. Cross, David Lanie, Sallie Denton, Scott Denton, Carole Cross, Ralph Sharkey, JoAnn Sharkey, Shawn Pherson, Cinda Kelley, Chas R Mellon, Dow Dellinger, R. Dave Pavy, Darrell Powers, Doug McGill, Larry Brown, Debbie Brown, Denny Mathew, Millie Mathew, Carol Hanen, James Reynolds, Robert Agley, Robert E Dishon, Mary Hageman, Roger Hageman, Jeff Brown, Mike Neal, Kathy Agley, Mike Collins, Cathy Reedy.

The meeting was called to order by President Jerry Thompson and roll call was taken. David Scott made a motion to dispense with reading and approve the minutes of the April 17, 2003 meeting. Motion was seconded by Gary Barbour and carried unanimously. 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 May15, 2003 meeting.

Violation: None.

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

existing campground into compliance.

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

Dow Dellinger stated, I’m Dow Dellinger. I am here representing the owner Dave Pavy the owner that is with me this evening. We were requested to put together some additional information in the May meeting, and we have tried to do that for you folks. We tried to use a little bit of overlay layout where the campground is currently located and give you some ideas of what we are doing to show. We also put together a few things we thought might interest the board about the property. One of which we find most compelling is the economic impact of the


improvement. What we are asking to do is bring the property into compliance as a special use campground. The zoning board has approved the change in zoning providing that we would get special use for all of the acreage of Mr. Pavy’s property. They are changing that from an R-4 to a B-2 with special use for a campground. When we began this process several of the neighbors were concerned that there would be a mobile home park and that was the initial plan. After meeting with the neighbors we decided to keep the property as a campground and the neighborhood crew thought that a campground was much more acceptable than a mobile home park. The owner respected that desire and moving ahead with plans to use it as a campground. One thing that we wanted to point out to your attention was the, we played with all kinds of numbers with a campground trying to figure out what kind of occupation rate or occupancy rate we would have in the campground and what kind of numbers that would generate. Based off of, if we can keep the similar occupancy rate as the Indiana Beach and utilize the spending that the Indiana Beach campground yearly residence spend when they are here for a day. It would be almost 3.5 million dollars that it could possibly bring into the County with outside spending at a campground and that is the size of 425 or 450 lots for campsites, and that is what we are shooting for now. Currently they have about 200 sites that are in use and are in pretty good shape and they have about 200 more for overflow that they have used in the past. The current plan is to utilize what has been used before, but also while they are doing some drainage and some planning with the Sewer district to go behind and put in a pond and maybe add a few camp sites to make a high campsite on the backside around that pond and do some of our sewage work. The sewer district is going to lay in the area that is not being used currently as well. That is were the plan is right now and we have given you a lot of information there. Maybe what would be best is for us to field any questions that you folks may have and if I can’t answer them, then Mr. Pavy can.

President Jerry Thompson stated, give me just a second here, I’m listening but we are narrowing this down a little bit. Do you have any additional information that you want to present?

Director Weaver stated, no.

Attorney Altman stated, one thing I would like to note to the board and everybody else here is that the board here hears special exceptions and the ordinance and the state law is as follows with the special exceptions. If the applicant proves that they are going to put in the request a use that as a special exception in our ordinance which is a campground? That is what they are asking for and that is what they say they are going to put in. If the campground appears on our official schedule of uses then the zoning for the matter, the 81 acres then the board is essentially obliged to approve the request. They can limit it some and they can make some requirements and that sort of thing, but we with a variance request we have a lot of discretion. With special exceptions we don’t have a lot of discretion involved in that. I just want you to understand that, it isn’t that… it is just the law, and that is what they are asking for in our ordinance and I’m looking right at it and it says in an A-1 a campground is a special exception allowed in there. I just want you to understand that from the get go. What rules we operate under.

David Stimmel asked, Jerry what are the limitations that can be placed? You said there are some limitations.

Attorney Altman stated, obviously, drainage would be one, the health, welfare, and those sort of things that would have to be serviced by the things sewage system would have to be approved within the Health Department and the State laws. They just have to do those sort of things. We have often said they got to be able to get fire trucks in, ambulance service in. These larger public needs that everybody wants to have and those sort of things. I wouldn’t tell you that we have exhausted this. Those are the sort of things that we can certainly look at and make sure that they have those things.

President Jerry Thompson asked, anyone here opposed the variance this evening?

Mike Collins stated, I’m Mike Collins and I own 33 acres in the back of that and I just acquired my property back there a few years ago and its just mostly hunting grounds for me and my family, and other friends. I let 6 or 7 youth hunters out there to kill the turkeys out there this year. I just would like to see it stay agriculture, enjoy the peace, and quite out there.

Carol Stradling stated, you hunt, when you say you do that is it on your property or are you.

Mike Collins stated, no my property.

Carol Stradling stated, so you are not assuming use on the campground property.

Mike Collins stated, wild life travels through there and the lake.

President Jerry Thompson stated, I’m not a hunter, but typical hunting type seasons will they conflict with the campers or will this.

Mike Collins stated, as far as I’m hoping not. They are close up in October or something like that and deer season starts in October, but it is just the change surroundings.

Dow Dellinger stated, the mechanical of the campground is going to be forced to close up before of the front because all of the water lines are only 4” to 6” deep. We do not have any plans at this point and time to get those below the frost line. The campground is just a seasonable campground.

Attorney Altman stated, that is a limitation they have consistently stated that it is a non-frozen area. You want the water out of those lines when it is going to be frozen.

Dow Delllinger stated, and another thing to be careful of to make sure we are seasonable before the sewer district purposes. If we work something out with the sewer district normally to be considered a campground you have to be seasonal and you can not be open year around. That is another issue to make sure we qualify as a campground under the sewer district.

Attorney Altman asked, so you can hook up to the sewer district one way or the other?

Dow Dellinger stated, we are still working on that. We are working with the current engineer and he is trying to determine the sewer districts thoughts are verse our cost to putting our own sewer system in. It will be on a mechanical sewer system or the sewer district system.

Attorney Altman asked, either way you are going to comply with the health requirements for sewer, water, for this full campground?

Dow Dellinger stated, it is a large enough area we have to comply with IDEM’s requirements.

Attorney Altman stated, either way you are going to do it. One way will be with the sewer district or maybe private. Like the Indiana Beach is.

Dow Dellinger stated, yes.

Attorney Altman stated, just so everyone hears that and understands that is a part of the deal.

President Jerry Thompson stated, yes, sir.

Jim Reynolds stated, my name is Jim Reynolds and I live due North of the campground. You are talking about the stipulations and your special exceptions being a seasonal. What makes them binding? Could that down the road be changed without proper confirmation? Do they have to ask to go be open year around?

Attorney Altman stated, as I understand the request, they are bringing to us it is exactly seasonal. That is what we are approving and if it were modified they would need to come back to this board to get it approved.

Jim Reynolds stated, if it does get approved that portion is binding.

Attorney Altman stated, yes sir, its like in effect, but it is a little bit different. It is like the sewer and water systems.

Jim Reynolds stated, sounds like it is not in text, but yet it is assumed that is a portion of it.

Attorney Altman stated, it is required. It will be a part of the application.

Jim Reynolds stated, okay, another, it is kind of like Mr. Collins here, kind of a quiet area. Towards the West of this property I believe some pretty low ground and actually designated wet lands. Just on the North side of his property also that has already been modified or what ever to comply with must be DNR. They had to enlarge it some for reasons I’m not to sure of. If that campground extends out in the wet land also, with the special exception would they still have to go through all of the property requirements to enlarge in that particular area?

Attorney Altman stated, wet land requirements would be imposed by the Department of Agriculture. They would have to comply with the sewage and water requirements still there.

Jim Reynolds stated, you could actually designate all 81 acres as campground even though it is still considered potential wet land or is designated wet land.

Attorney Altman stated, that is what they are asking for as I understand, and they would have to comply with those other laws or be regulated by them sir. That is part of the request and our ordinance doesn’t specifically accept wetlands.

Carol Stradling asked, Jerry if the wetlands are governed by the State or Federal our granting this to be a campground would not supercede any State or Federal laws.

Attorney Altman stated, no.

Carol Stradling stated, so if there is State Laws saying that can not be altered our approving it, as a campground does not supercede that State Law.

Attorney Altman stated, right exactly.

Carol Stradling stated, so if the State is saying you can not touch this area, we can not give approval do anything with it.

David Stimmel asked, have you checked this out

Dow Dellinger stated, I’m not sure of all of the details, inspections were required to pick up some wetlands a settlement they made with the DNR and they made a wetland on that side and theirs is banked and what we would have to do the engineers have to make certain it doesn’t dry and drainage we do on the back wouldn’t dry it out. We may have to put up a dike of sometime.

David Stimmel stated, so it wouldn’t be able to interfere with that.

Dow Dellinger stated, right and the State wouldn’t allow us to do that.

Carol Stradling asked, does that answer your question?

Jim Reynolds stated, yes it does.

Carol Stradling stated, I think if they did that they would have to go through litigation and find some other grounds that would be compatible wetlands somewhere else. I know of places that have done that.

Dow Dellinger stated, that would have to be approved by DNR.

Carol Stradling stated, and we do not get involved with that here.

President Jerry Thompson stated, I don’t know if I’m going to help or make it worse. We are just a step in the process we are not the final step. Like Carol said there are a couple processes that need to go through that can undo what we have done tonight.

Attorney Altman stated, our ordinance does speak to the fact that the Indiana Department of Natural Resources, the army core of engineers or any State or Federal Agency maybe involved in wetlands and that no adverse impact can be had there. Those people are not superceded by anything we approve, it still has to comply with it. They can not adversely impact the wetlands.

Bob Agley stated, I’m Bob Agley and I live South of the campground about a half a mile. I got a question about noise. Memorial Day we couldn’t even converse in our own yard with the loud speaker blaring so loud with music and the DJ. I wondered how we deal with that situation with noise and control. We called the campground asking to turn it down and stating our concern and they said they would look into it. We were serenaded from 6:00 until 11:00 that night, even in our own home banging and etcetera that we do not appreciate it.

President Jerry Thompson asked, do you have any?

Darrell Powers stated, my name is Darrell Powers and I was there that night and I’m director of operations in the campground my brother is running the show and we were there. We probably had 30 families there. There were kids and there was not any rowdiness it was just families enjoying and having a good time and the call was taken and it was taken very respectfully, we understand that. We have the band coming on 2 other holidays’ period end of story. It is for celebrating and welcoming our new people into the community end of story that is all it is about. It was all families. We apologize to you sir.

President Jerry Thompson stated, to the board.

Mike Neal stated, my name is Mike Neal and live back to the West of this property and I might remind that board members that the letter they received form Nancy Sickler Seymour stating her concerns about the property.

Director Weaver stated, they have been given another copy of that. I do have it with me tonight.

Mike Neal stated, I have concerns about this campground going in and possible trespassers and there has been some problems in the past. Some of the neighbors have had problems. This wood next door is going to look pretty inviting to campers looking for firewood. I just like to know if Mr. Pavy has any concerns about trespassers or.

Dave Pavy stated, sure we do, and we have had a bunch on the campground.

Several are talking at once.

Mike Neal asked, are there any plans to improve the roads?

President Jerry Thompson stated, that is really not our issue.

Mike Neal stated, not the campground roads. The campground empties out where there are only 2 outlets. One of them is coming out on a 90 degree curve and it is kind of a bad intersection and the other one is coming out on another bad intersection, it’s a bridge on 225 those are the only 2 ways to the campground. Are there any plans to make arrangements for 500 vehicles in and out on the weekends?

President Jerry Thompson stated, not that I’m aware of. Do you know of anything?

Director Weaver stated, no.

Attorney Altman stated, no, I have not heard anything.

Mike Neal stated, Mr. Pavy stated he has 261 sites back there already and he just had 35 families out there this weekend. Is there really a need for 350 more sites?

Robert Pavy stated, this certainly isn’t going to be done over night. It will take up to 5 years to do this. It is going to based on the need in the community and if there is a need for additional campground sites. I’m not going to go in and put in a lot of structures and spend a lot of money to do something that will not be utilized. It will be done based on our marketability and based on the research that we do. If we can put in 25 sites a year that is the limit that will be as far as we will go. I’m not going to put in 200 sites and have 190 sitting vacant all summer. Again it is a seasonal thing, most of the campground is occupied on the weekends only. That is when we get the highest activity. I don’t think the impact will be that great based on what we are talking. The amount of the economy is going to bring into the area, I think is significant. All of the work I have had done so far which has been 10’s of thousands of dollars has been contracted with local contractors. I had a couple of the high school boys working on a regular basis. Most of the people that do come in the community go into the town, go into Indiana Beach, and spend their money and I think it will be a real asset to the community. I know right now, the impact of the community from the unemployment is not good. I think this is certainly a good step in the right direction to help the community and generate revenue. Again it being a seasonal type operation has far less impact on the community then it would if it was a mobile home park. I understand that because that is full time residence. The campground situation will close 6 months out of the year. That is what the neighbors were typically looking for when the Indiana Beach closed down they would like for the other areas to close down as a resort area, so we don’t have to worry about traffic. We are going to be doing that so there will be no impact in the winter months. I just feel that this is a real asset to the community and it is going to minimum impact on the community as far as traffic or anything other than the economic advantage. Because there just isn’t that much , I mean people think well its going to be 500 campers in there, even if I had that many sites typically you are not going to see that many people going through in a week on a daily bases. It is going to be limited on typically Friday or Saturday nights. A lot of people so they don’t go out on the weekends because it is a resort area, we stay home on the weekends. We do our shopping and things like that during the week. Campgrounds typically you could go over like tonight a Thursday night and drive by the Indiana Beach and there is a lot of vacancies. It is not full. You will see a big difference come tomorrow. Friday and Saturday nights are what you are really talking about and maybe 16 to 20 weekends impacted.

President Jerry Thompson stated, thank you. Are there any other concerns from the board?

Without further discussion the board voted.

The Board finds the following:

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


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


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


4. That objectors were present at the meeting.

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

6. That the request is for a Special Exception to enlarge and bring the

existing campground into compliance.


The South Half (1/2) of the Southeast Quarter (1/4) and Four (4) acres off the East side of the Southeast Quarter (1/4) of the Southwest Quarter (1/4), all in Section Seven (7), Township Twenty-seven (27) North, in Range Three (3) West, Union Township, White County, Indiana, containing 84 acres, more or less.

EXCEPT, a tract of land out of the Southeast Corner of the Southeast Quarter (1/4) of the Southeast Quarter (1/4) of Section Seven (7), Township Twenty-seven (27) North, Range Three (3) West, in Union Township, White County, Indiana and described more fully as follows: Beginning at a point which is the Southeast Corner of the above said Section Seven (7) and running thence North Zero Degrees West (N 0º W) Four Hundred Twenty-one (421) feet; thence North Eighty-nine Degrees and Two Minutes West (N 89º 2’ W) Four Hundred Thirty-four and Four Tenths (434.4) feet; thence South One Degree and Fifty-nine Minutes East (S 1º 59’ E) Four Hundred Twenty and Three Tenths (420.3) feet; thence South Eighty-eight Degrees and Fifty-two Minutes East (S 88º 52’ E) Four Hundred Twenty and Four Tenths (420.4) Feet to the point of beginning, containing Four and Fifteen Hundredths (4.15) acres, more or less.

COMMON DESCRIPTION: The property is located North of County Road 225 North directly North and West of 3148 N. 400 E.

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

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


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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. This was tabled from the May 15, 2003 meeting.

Violation: None.

Request: They are requesting a 14’ front setback variance and a 6’ height

variance to build a storage shed on the property.

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

Jeff Brown stated, I’m Jeff Brown.

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

Jeff Brown stated, just to answer any questions you may have.

Director Weaver stated, I would just like to add that we had tabled this request because we had failed to get the height variance on the request previously. That is why it was tabled last month.

President Jerry Thompson asked, was there any response from anyone?

Director Weaver stated, no.

Attorney Altman asked, what is the height variance? This is just for the record.

Jeff Brown stated, it would be 21’.

President Jerry Thompson asked, anyone else here care to speak either for or against this variance? Carol?

Carol Stradling asked, Mr. Brown were you able to come up with any kind of design ideas or?

Jeff Brown asked, you mean like blue prints? Yes, it is going to be gray and if you are familiar with the agriculture buildings that you see along, like FBI or Morgan. It will be the premium. I don’t want it to fade out in 10 years. It will have one small door, one large end door and probably just one window because I don’t want people looking inside. It will be color coordinated with the house. Light gray siding, with dark gray trim.

Carol Stradling asked, are you planning on having any eaves or over hangs on there?

Jeff Brown stated, no overhangs just gutters.

President Jerry Thompson asked, Gary, Dave or Dave?

David Stimmel asked, Jeff, are you saying the 6’ height variance is going to be a total of what height.

Jeff Brown stated, 21’ total.

David Stimmel stated, 21’ total. The house is currently what?

Jeff Brown stated, the house is currently single story and we are also going to add another story on to it. It will be smaller than the house.

President Jerry Thompson asked, is there anything else or any other discussions?

Carol Stradling asked, could we ask that it have over hangs just so it looks. I’m sorry to me without any windows, one small service door, and a large door it is going to look like a box roof. I know the color will be nice, but if it is a residential neighborhood it will look more like a residential building rather than a warehouse. As big as it is going to get.

Jeff Brown stated, if you want overhangs, I could put overhangs on it.

Carol Stradling stated, I’m sorry, if you see where I’m going it will be more easily received in the neighborhood.

Jeff Brown stated, yes, and we are going to landscape and concrete driveway.

Carol Stradling asked, does it cost more to add the overhangs, I know you lose a few feet?

Jeff Brown stated, I would think so.

Carol Stradling stated, when we put in a new building, it just dresses it up.

President Jerry Thompson asked, anyone else?

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 14’ front setback variance and a 6’ height variance

to build a storage shed on the property.


The North Half of Lots 115, 116, 117 and 118 in Driefus and Haugh’s Addition in Monticello, White County, Indiana.

COMMON DESCRIPTION: The property is located in the City of Monticello at 317 N. Second 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 5 affirmative and 0 negative.


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

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#2206 Thomas R. Schilli; The property is located on 4.500 acres, West of Wolcott at 11734 W. U.S. Highway 24.

Violation: None.

Request: He is requesting a special exception to have a recycling business on the

property.

President Jerry Thompson stated, we have been notified that this has been tabled, there are people here that have concerns about this. I’m the one who more or less asked them to stay just in case because until it is on the record it is not official.

Attorney Altman stated, we had the representative who is his attorney request that we table this for one month. It will be heard next month on July 17 at the same time 7:30 p.m.

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#2207 David G. & Catherine M. Reedy; The property is located on Lot 1 and the North Half of Lot 2 in Block 8 in William Robinson Addition, in the Town of Brookston at 601 S. Brackney Street.

Violation: None.

Request: They are requesting a 21’ front (Sixth Street) setback variance and a 16’

front (Brackney Street) setback variance to build a roofed porch and a

room addition on to the existing home.

President Jerry Thompson asked, is there anyone here representing this request?

Cathy Reedy stated, I’m Cathy Reedy.

President Jerry Thompson asked, could you come forwards a little bit to make sure that the microphone can pick you up.

Cathy Reedy stated, I am one of the homeowners we are currently remodeling and adding on. The back part of the house is already in process and I want to move the front door and make a larger front porch and then enclosed the old front porch into a closet area for the home. It is an older home and it did not have a lot of closet space. I want to square up the house on the front side because part of the house is already extended.

President Jerry Thompson asked, the work has already began?

Cathy Reedy stated, on the backside.

President Jerry Thompson stated, on the backside.

Director Weaver stated, they did receive a permit for the backside.

Cathy Reedy stated, this was an after thought after that plan was started.

President Jerry Thompson asked, anything else Diann?

Director Weaver stated, no.

President Jerry Thompson asked, does anyone else care to address this variance either for or against? To the board are there any questions?

Carol Stradling stated, so the portion on the back you haven’t extended back any closer than it was originally.

Cathy Reedy stated, no.

Carol Stradling asked, you are just moving it towards the alley?

Cathy Reedy stated, yes.

President Jerry Thompson asked, Gary, Dave, or Dave do you have anything?

All replied no.

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 21’ front (Sixth Street) setback variance and a 16’

front (Brackney Street) setback variance to build a roofed porch and a

room addition on to the existing home

Lot 1 and the North Half of Lot 2 in Block 8 in William Robinson Addition to the Town of Brookston, White County, Indiana.

COMMON DESCRIPTION: The property is located in the Town of Brookston at 601 S. Brackney 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 5 affirmative and 0 negative.

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

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#2208 William C. & Carol A. Hanen; The property is located on Lot 12 in Beck’s Subdivision, North of Monticello, West of East Shafer Drive at 4268 E. 400 N.

Violation: None.

Request: They are requesting a 22’ front setback variance, a 5’ North side setback

variance, and a 26’ rear setback variance to build an attached garage onto the existing home.


President Jerry Thompson asked, is there anyone here representing this request?


Bill Hanen stated, I’m Bill Hanen.

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


Bill Hanen stated, no I don’t, I’m just here to answer your questions or concerns.


President Jerry Thompson asked, Diann do you have anything?


Director Weaver stated, no, he has had a previous variance on this and with the pictures in the packets I did send you the old paperwork so you could see what was originally requested.

He did request a garage on the variance, but never did build the garage.


President Jerry Thompson asked, Jerry, do you have any questions?

Anyone here either for or against? Dave do you have something? Dave, Gary, or Carol do you have anything?


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 22’ front setback variance, a 5’ North side setback

variance, and a 26’ rear setback variance to build an attached garage onto the existing home.


Lot #12 in Beck’s Subdivision in Liberty Township, White County, Indiana.

COMMON DESCRIPTION: The property is located North of Monticello, West of East Shafer Drive at 4268 E. 400 N.


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

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

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


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#2211 Robert E. & Deborah K. Dishon; The property is located on Lot 64 in Gingrich Addition, South of Monticello at 5867 E. Sheridan Road.

Violation: None.

Request: They are requesting a 25’ front setback and 8’ side setback to build a room

addition and a 4’ front setback to build an unroofed deck on the front of the home.

President Jerry Thompson asked, is there anyone here representing this request? Do you sir have anything else you would like to add?


Robert Dishon stated, no, currently about 547’, I’m just wanting to add another 12’ on, and the only thing that I submitted was my prints and the eaves were 2’ and the manufactures truss would only be 1’. I contacted the manufacturer and they can not make a 1’ truss. That will keep me, if you look at the survey 1’ between my neighbor and me. I think that is it. If you have any other questions, I will answer them.


Director Weaver asked, the existing deck is you replacing it with your new wood deck or is it going in addition to?


Robert Dishon stated, the existing deck is out over the hill and I’m keeping that so I can use it this summer, and when I finish my room addition I will put the existing 5’ deck on there.


Director Weaver stated, so the new deck will actually be replacing the existing one.


Robert Dishon stated, yes eventually. I will only have the one deck. It is about to fall down anyway.


President Jerry Thompson asked, is there anyone here either for or against?


Director Weaver stated, he has received a letter from the SFLECC and you do have a copy of that.


President Jerry Thompson asked, did you want to present it?


Director Weaver stated, it just states Area Planning Commissioners, the SFLECC approached by Mr. Robert Dishon, owner of lot 64 in the Gingrich addition Section 28 Township 26 N Range 3 W of Union Township, White County. Commonly know as 5758 E Sheridan Road, Monticello, IN. Regarding a deck he desires to build, it is our understanding that the deck will not encroach on the SFLECC property at its closet point. SFLECC does not object to Mr. Dishon building a deck this close to the property line. Respectfully Joe Roach.


President Jerry Thompson asked, Jerry do you have anything?


Attorney Altman stated, no I do not.


President Jerry Thompson asked, Carol?


Carol Stradling asked, so will you be keeping what is on the house and then adding on. You mentioned new trusses.


Robert Dishon stated, just on the new part.


Carol Stradling asked, so what is there is going to stay there?


Robert Dishon stated, yes, I’m tying the new trusses into the old roof. Everything is staying the same. This one is going to tie into the lake direction.


President Jerry Thompson asked, Dave or Dave.


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 25’ front setback and 8’ side setback to build a room addition and a 4’ front setback to build an unroofed deck on the front of the home.

Lot 64 in Gingrich Addition in Union Township, White County, Indiana.

COMMON DESCRIPTION: The property is located South of Monticello at 5867 E. Sheridan Road.

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

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


****

#2212 Lawrence E. & Debra K. Brown; The property is located on Lake Addition Lot 5 and Part Southwest Quarter Northwest Quarter, in the Town of Wolcott at 208 E. Johnson Street.

Violation: None.

Request: They are requesting a 32’ front setback to build an attached garage on the

property that will be encroaching on the Town of Wolcott’s right of way and a 1’ side setback and a 13’ front setback to bring the existing home into compliance.


Larry Brown stated, I’m Larry Brown and I want to put a garage on that property and we asked the Town of Wolcott for an encroachment and they did agree to it. Basically, we want to remodel the house and put a garage on it.


President Jerry Thompson asked, do we have that from the Town of Wolcott? Does someone want to enter that?


Attorney Altman stated, the encroachment as I understand it is on Johnson St. says you own Lot 5. April 21, 2002 addressed to the White County Area Plan, We Larry and Debbie Brown 208 East Johnson St., Wolcott, IN request an encroachment easement variance. To Whom This May Concern: On May 20, 2002, the council meeting and town, the Wolcott Town Council grants permission to the above residence to direct a building that would encroach into the street/utility easement on the above location in the town of Wolcott. Attached is a copy of the proposed construction, which indicates a placement of a garage into the easement right away. As per Mr. Brown the garage would extend approximately 8’ into the easement. The existing hydrant will be approximate 6’ from the proposed building and will be used, as a loft fixture for water main on the new hydrant will be installed in a different location. If you have any questions, please call our office. Sincerely the Clerk of the Treasurer. It shows the survey, a copy of which we have with our application as 2nd page and a similar on the 3rd page of this.


President Jerry Thompson stated, I’m going to correct you, if you don’t mind. Just for the record both times Jerry you mentioned the year 2002. This is 2003. Just to be safe.


Attorney Altman stated, I stand corrected.


President Jerry Thompson stated, small, but yet you do not know. Any other response?


Director Weaver stated, no we have not received anything. I do have a question. In their letter they state the hydrant will be approximately 6’ from the proposed building. Their survey indicates that it is only 3 ½’ from the proposed building.


They are showing the survey to Mr. Brown.


Attorney Altman asked, so your proposed garage is 24 x 26, and that will be constructed on said forth on Mr. Milligan’s survey, we show dated May 28, 2003.


Larry Brown stated, yes.


President Jerry Thompson asked, is there anyone here that cares to address either for or against? Jerry do you have anything?


Attorney Altman asked, is proposed garage single story?


Larry Brown stated, yes, single story structure.


President Jerry Thompson asked, Gary, Dave or Dave?


David Stimmel asked, are they saying they are going to move that hydrant or leave it there.


Larry Brown stated, they are going to leave that for the flush of the main line, but they are going to back the line somehow between me and the neighbor I think or the next two neighbors, and it will service more people anyway. They are going to leave the one there for flush.


Gary Barbour stated, the drawings are conflicting here. It looks like this is not connected and this shows that it is connected. Is this enclosed right here also?


Larry Brown stated, yes, it would be. This will all be roofed tying back into the house here. This is the ridge.


Gary Barbour asked, so this will all be enclosed here also?


Larry Brown stated, yes. (Gary and Larry are going over his survey)


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 32’ front setback to build an attached garage on the

property that will be encroaching on the Town of Wolcott’s right of way and a 1’ side setback and a 13’ front setback to bring the existing home into compliance.

Lake Addition Lot 5, together with the following described real estate, to-wit: a part of the Southwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Thirty (30), Township Twenty Seven (27) North, Range Five (5) West, in the Town of Wolcott, described as follows: beginning 270 feet East of the Northeast Corner of Lot Eight (8) in Addition Number One (1) to said Town of Wolcott, 138 feet, thence West parallel with the first mentioned boundary line, 89 feet, thence North 138 feet to the place of beginning.


COMMON DESCRIPTION: The property is located in the Town of Wolcott at 208 E. Johnson 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 5 affirmative and 0 negative.


****

#2214 White County Agricultural Association; The property is located on 14.5 acres, in the Town of Reynolds at 12 N. 25 E.

Violation: None.

Request: They are requesting a 36’ front (Fairground Street) setback to build a new

goat barn at the fairgrounds.

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

Shawn Pherson stated, I’m Shawn Pherson, I’m here representing the board members tonight to answer any questions.

President Jerry Thompson stated, Diann, I’ll let you go first.

Director Weaver stated, I have not had any response from anyone. It does appear that they are going in line with what is existing, but there is a street on the North Side of the Fair grounds. We have discovered is a platted street and that is why they are coming for the variance.

Shawn Pherson stated,I have one question. Is that a street or a county road? That has been a debate on our side out there trying to figure out what it is.

Director Weaver stated, it is within the town limits, so I assume the town would maintain it.

Shawn Pherson stated, the County maintains it. That is what sort of got this going.

Director Weaver stated, it is in the town limits according to our information.

Carol Stradling asked, where are we going to park?

Shawn Pherson stated, the new parking lot.

Carol Stradling asked, so there is additional property?

Shawn Pherson stated, yes, it has become more and more with our Ag. Association and different things over there. We have more kids involved than we ever have. Our particular group doubled this year as far as numbers of animals. We ran into overcrowding problem, which brought this about. They have got futuristic ideas of what they want the fair grounds to look like and we are part of it. I don’t think, in the long run, they expected us to grow in such a manner. It does get wet out there in the parking area, especially if it rains. We are going to build it up and put in a building, which is completely handicapped accessory for the State Codes. We have a donor that wanted to donate the money to the program. It is going to be a nice building. We wouldn’t have had to ask for this much setback for the simple reason being the building is going closer to the cow barn, we took into consideration and extra driveway and maybe some day in the future the cattle barn may have to be enlarged. We had to push it to the East, which came up with a larger variance. It also has a show arena in it to help out with the Main arena because there are so many classes of animals now. That is why we are asking to put it where it is.

President Jerry Thompson asked, is this a totally enclosed building?

Shawn Pherson stated, no sir. The arena is enclosed, and the livestock end is open, but the barn is designed in such a manner that it can be enclosed. Funds was one of the things we were looking at this time, I was one of the original people trying to get bids on it. We left it with overhangs and etcetera, so that it can be enclosed in the future, if need be.

Director Weaver stated, Jerry had asked me if they had started on this structure. They have started dirt work and that is all they have done. I told them they could do that.

President Jerry Thompson asked, is there anyone here cared to address this variance?

Without further discussion the board voted.

The Board finds the following:

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

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

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

4. That no objectors were present at the meeting.

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

6. That the request is for a 36’ front (Fairground Street) setback to build a new

goat barn at the fairgrounds.

That the request is for a Beginning at a point six hundred forty-eight (648) feet North of a corner stone located in the Southwest corner of the South Half (S ½) of the Southwest Quarter (SW ¼) of the Southwest Quarter (SW ¼) of Section Twenty-seven (27), Township twenty-seven (27) North, Range four (4) West in the Town of Reynolds, White County, State of Indiana. This point of beginning being the Northwest corner of land to be conveyed.

Thence following the South boundary line of the Pennsylvania Railroad South eighty-five (85) Degrees East one thousand three hundred twenty-four (1324) feet to center line of a public highway; Thence South along center line of a public highway five hundred thirty-one (531) feet to section line; Thence West along section line between Section twenty-seven (27) and Section thirty-four (34), one thousand forty (1040) feet and six (6) inches; Thence North five hundred twenty-two (522) feet and nine (9) inches; Thence West two hundred eighty-three (283) feet;


Thence North one hundred twenty-five (125) feet and three (3) inches to the point of beginning. Containing 14.5 acres more or less. Being out of the South Half (S ½) of the Southwest Quarter (SW ¼) of the Southwest Quarter (SW ¼) of Section Twenty-seven (27), Township Twenty-seven (27) North, Range Four (4) West in the Town of Reynolds, White County, Indiana.

COMMON DESCRIPTION: The property is located in the Town of Reynolds at 12 N. 25

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

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

****

Art Anderson asked, I wanted to ask a question on that Special Exception, we are going against. Are the only things we’ve got to argue our point or prove our points are the health and welfare of the community? Is that it or is that special exception like the first special exception?

Attorney Altman stated, Special exceptions they have to comply, prove that they are going to do what the ordinance allows them to do and that it is zoned properly for that.

Art Anderson asked, if it is zoned properly, but the special exception, what do we have to prove to the officers of what they believe and that it is not good for the community and for us.

Attorney Altman stated, I just wanted to get the specifics on this. What probably will be very helpful then is if you stop by and got a copy of what the special exception ordinance allows us to look at and points simple can or can’t consider and I would be glad to do that and then you can go from there. Rather than discuss it, I do that and I’m their attorney to. As to what the ordinance says and then what points of discrimination are. I’ll be glad to give that to you Art.

Art Anderson stated, some of the neighbors are not use to coming to this.

President Jerry Thompson stated, I have some things to go over. Carol Stradling, are you getting things on the railroad situation.

Carol Stradling stated, yes.

Director Weaver asked, are they mailing them directly to you?

President Jerry Thompson stated, no, through Jerry’s office.

Attorney Altman stated, we are ready to adjourn.

President Jerry Thompson stated, no we are not we have some things to go over, so sit right back down. We need help with some things like this railroad sign deal. I’m getting envelopes passed on from you.

Director Weaver stated, I think I passed them on to you.

Attorney Altman stated, it is now before the court as always for their review.

President Jerry Thompson stated, well tell them as well.

Director Weaver stated, the two Dave’s are not getting any of this information.

President Jerry Thompson asked, but they got one.

David Stimmel stated, I got one envelope and that is all.

Director Weaver stated, that is correct. It is the officers that are getting more than the rest of the board.

Attorney Altman stated oh you mean from Court, well that is just the natural of the beast, it is ??? and what that is, you asked that it be certified to the Circuit Court, the Circuit Court goes through a process where they ask is it appropriate before them and it is. Then they issue an order that says that all of our records and copy of our ordinance and a copy of the minutes of the meeting are presented to the Judge. Then the Judge decides whether we acted correctly or not in this circumstance.

President Jerry Thompson stated, excuse me guys we are still having the meeting, I mean you can visit, but we are still trying.

Attorney Altman stated, and that is what like we have had several times, like Indiana Beach and that sort of thing. That is exactly the way they go. That is where it is right now. They’re at the stage where they just go an order that says for the record and I know Diann’s office is working on that right now, so we can get it and certify it to the Court. This is just the next step on the appeal on that particular manner.

David Stimmel asked, did you say you got subpoena Jerry?

President Jerry Thompson stated, well I got notified.

Attorney Altman stated, that’s because you are an officer.

President Jerry Thompson stated, but when I get a letter that has the Sheriff’s name on it through the mail it gets your attention.

Gary Barbour asked, how come they only notify the officers instead of the entire board. Everyone of the board members has….

Attorney Altman stated, that is the legal requirement.

Gary Barbour stated, then they, I mean I know because I didn’t get them before when I was an officer. You are kind of lost when you walk into it.

Attorney Altman stated, that is why I really give it to Diann and why I believe she passes them all on to you. They just are not going to give it to everybody else because the law doesn’t require it and that is more money.

President Jerry Thompson stated, well that one was direct to me, not that it matters. It wasn’t to Carol.

David Stimmel asked, Diann how will we know when that goes in front of the court?

Attorney Altman stated, I will get a notification of when the Judge will have a hearing on that.

David Stimmel stated, personally I’m just curious to see if we made the right decision.

Attorney Altman stated, and I will give it to Diann and she will distribute it to everyone else.

President Jerry Thompson stated, don’t plan any vacation. Just kidding.

David Scott asked, is this going to be a bench trial then?

Attorney Altman stated, yes, and excuse me, it’s not really a trial the Judge looks at the record. The basic evidence that we have and does it support the decisions that you made. There again on that one it isn’t already decided.

David Scott stated, if he decides that we made the wrong decision.

Attorney Altman stated, he could refer it back to us or make a deferral decision based on the record. He really is on very limited, he can’t try it again new. He can’t look at the evidence and say I think this should be the decision. He can only say that we didn’t have enough evidence to do what we did and refer it back to us for a finding based on the evidence we have here. That is really what it amounts too.

David Scott stated, so if it comes back to us, then.

Attorney Altman stated, it depends on how he sends it back and I’m a little hesitate to even guess where we go there.

David Stimmel stated, if he sends it back and he is saying that we didn’t have the grounds or right to deny the petition or the request. You either deny it or you don’t deny it. You only have two ways to go.

Attorney Altman stated, that is right. However, he could refer it back to us and say you need to hear more evidence.

David Stimmel stated, you mentioned Indiana Beach, can you give me some kind of synopsis of that?

Attorney Altman stated, okay you were not on the board then.

Director Weaver stated, no he wasn’t.

Attorney Altman stated, what happen with the Indiana Beach quite frankly unless you have any reason let's adjourn.

Director Weaver stated, wait I’m not done.

President Jerry Thompson stated, no because I want to discuss next weeks meeting more.

Director Weaver stated, Terry Babka, I bring him up monthly now because I’m getting really annoyed with this situation.

Attorney Altman stated, we are supposed to have a check momentarily.

Director Weaver stated, now wait a minute this momentarily has been going on since August 12 of last year. He got a permit in May of last year to connect this garage to this house, I went by there today, and it is still not done. I don’t know about the board vote, but my patience are growing thin. This man owes us $2,200.00 in fines and he has put us off for over a year, and still has not done what he said he was going to do. I just want to bring it to the boards attention, I’m starting to have a real problem.

Carol Stradling asked, how long is it good for? The variance is good for until they start building.

Director Weaver stated, the building permit had to be started within 6 months and must be completed within 2 years. So his building permit is now expired.

Carol Stradling asked, so he can not build?

Director Weaver stated, he has to get a new permit. The variance was passed providing that he connect the two. The two have not been connected.

President Jerry Thompson stated, so bring him in, or has that happened and he is ignoring it.

Attorney Altman stated, no, he is not responding to get the money to us. He says he will or his lawyer tells me he will and I don’t have it in hand.

Carol Stradling stated, yes, but this is the guy who wanted to connect the house to the garage and build two stories.

Director Weaver stated, at first he didn’t want to connect them, he just built it two stories even though he wasn’t supposed to. Then he came back and said, well then I will connect it.

Carol Stradling stated, as a part of the resolution.

Director Weaver stated, he owes us $2,280.00 he owes us for the settlement.

Gary Barbour stated, so basically he is not in compliance now because he didn’t follow through with what was passed. It needs to be put back on the agenda again to do something with it.

Director Weaver stated, we do need to do something with it.

Attorney Altman stated, see we actually had filed suit with the court.

Gary Barbour asked, what would pull it back out?

Attorney Altman stated, his lawyer says he is getting me the check and he doesn’t have it.

This is at least the 3rd month that Diann has asked me the same question.

Gary Barbour stated, well let's get it back on the agenda and deal with it.

President Jerry Thompson stated, you bet.

Director Weaver asked, do we put it back on the agenda or do we set it for trail up stairs?

Attorney Altman stated, set it for trail up stairs.

Gary Barbour stated, let's make a motion to do that then. Do we have a second?

Carol Stradling stated, he has had plenty of time to resolve this accordingly and I feel we have tried to work with him and resolve this situation and we are not getting the cooperation.

President Jerry Thompson stated, it has been motioned and seconded all in favor say aye and all opposed say the same. Motion carried.

Director Weaver stated, that is all I have.

President Jerry Thompson asked, do you have anything that you can say about next week?

Director Weaver stated, it would probably be a longer meeting than tonight.

Carol Stradling asked, what do we have on the recycling matter?

Director Weaver stated, what is in your packet.

Carol Stradling asked, is that all we have?

Director Weaver stated, that is all we have.

Attorney Altman stated, that is why you can’t say very much or do very much until they present their case.

The meeting adjourned.

Respectfully submitted,

Gary Barbour, Secretary

Diann Weaver, Director

White County Area Plan Commission