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The White County Board of Zoning Appeals met on Thursday, November 20, 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, and Jerry Thompson. Also attending were Attorney Jerry Altman and Director Diann Weaver.

Visitors attending were: Dick Leis, Pat Leis, Charles R. Mellon, John Jurisa, Anthony Ponziano, Jessie Ponziano, Craig Woodruff, Carra Woodruff, Herman Gouwens, Daniel Zbinden, Bernie Jaggers, Mike Lewellen, Maria Lewellen, and Joe Murray.

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 June 26, 2003 meeting. Attorney Altman swore in all Board members and audience members.

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#2243 Daniel J. Zbinden; The property is located on 0.277 Acres, more or less, West of Buffalo at 8133 N. West Shafer Drive. Tabled from the September 18, 2003 meeting.

Violation: None

Request: He is requesting a 7’ front setback variance, a 7’ East side setback variance

and a 3’ West side setback variance to build a new home on the property.

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

Sir would you like to come forward and do you have any other additional information you would like to present tonight.

Daniel Zbinden stated, no I don’t.

President Jerry Thompson asked, Diann do you have anything?

Director Weaver stated, I don’t have anything to add. We did have this as a violation after further research I have found that there is no violation on this property. I did send Mr. Zbinden a letter referencing this and I apologize for any misunderstanding.

President Jerry Thompson asked, was there anymore fan mail or any other response?




Directoor Weaver stated, I have not heard from anyone.

President Jerry Thompson asked, Jerry do you have anything?

Attoorney Altman stated, nothing at this time, remind the board that we have a letter from the adjoining land owner. (Jerry is reading the letter again too the board)

President Jerry Thompson asked, is there anyone who cares to address the board either for or against the variance?

Dick Leis stated, I’m Dick Leis. I would just like too re-iterate the points that we made at the last meeting. It is too close for fire protection and things of that nature. It is too close for the property owners adjacent property owner on the West side.

President Jerry Thompson asked, are there any questions from the board?

Carol Stradling asked, did the board look at this the last meeting?

Directoor Weaver stated, yes.

Carol Stradling stated, I wasn’t here.

Attoorney Altman stated, the issue was the road to the house and the neighbor orally and in writing talking about it being too close to the on the East and the West side boundaries. I think that is the discussion that was had about it and the fact whether it could be rotated and he did have a personal preference to do so.

Carol Stradling asked, so it is being rotated?

Attoorney Altman stated, no. As I understand it is brought back too us the way it was proposed with the objectoors.

Carol Stradling stated, okay, let me clarify here. The property to the East is where there is 1’ in that area is and it is tilled and that is farm ground.

Attoorney Altman stated, right now yes. It is also on the river and one of these days it will be houses too.

Directoor Weaver stated, Rotruck is on the East Side of the property and Leis is on the West side of the property.

Dick Leis stated, one of the concerns was on the East side also being on the Fire department there was the possibility of someone can come in and be within zoning regulations and the two houses still only being 9’ apart because of the 8’ standard setback.

Carol Stradling asked, you mean on the tilled property?

Dick Leis stated, yes, that would only give you an 8’ span between two houses with someone else being legal without having a variance and for fire fighting purposes also on the West Side. It is only giving you 12’ between buildings there. Between the existing building that is there and his house.

Carol Stradling asked, your home is 6’ off of the property line?

Dick Leis stated, okay so that would actually be 13’.

Carol Stradling asked, did you considered moving it back, so there is more wiggle room between the two homes.

Dick Leis stated, I believe there is a septic system in the way to do that.

President Jerry Thompson asked, sir could I get you to close the door please?

Daniel Zbinden stated, we realized it was 7’ over how many feet does it have to be from the lakeside. How many feet do you have to be in from the lakeside.

Director Weaver stated, the standard is 30’ for an L-1 zoning.

Daniel Zbinden stated, I thought this was in 30’ because the trailer on there now is 60’. The house will only be 28’ so that isn’t even half of it, so it is 32’ short of what the trailer is now.

David Scott stated, this shows it 23’ from the lake.

Daniel Zbinden stated, well maybe it is on the wrong spot. From the back of the trailer now which is 60’ is where the front of the house I was planning on putting it. It was only going to be 28’ deep.

David Scott asked, is this a modular home or a stick built home?

Daniel Zbinden stated, modular home.

Carol Stradling stated, say that again, the rear of the house is going to be even with the rear of the mobile.

Daniel Zbinden stated, where it is now, which has got to be a least 6-0’ in. I don’t see how it is 7’ over.

Carol Stradling stated, from the side property.

Daniel Zbinden stated, I’m talking about the lakeside.

Director Weaver stated, they are showing the new home only 23’ back.

Showing him the survey.

Daniel Zbinden stated, I don’t understand how I can be over. There should be 32’ left over.

Attorney Altman stated, it is on the survey.

David Scott stated, to me that is not the issue, the 1’ is.

President Jerry Thompson asked, do you not have a copy of that survey?

Daniel Zbinden stated, yes I do.

Carol Stradling asked, do you know where the septic is?

Daniel Zbinden stated, yes, it is from the back of the trailer it is about 8’ to 10’.

Attorney Altman asked, to the North?

Daniel Zbinden stated, yes, so it would be a good 40’ inside or more.

President Jerry Thompson asked, are there anymore questions?

Carol Stradling stated, it just doesn’t look like to can move it back any further.

Daniel Zbinden asked, would that require moving the septic system?

Attorney Altman stated, if the septic system is North of where the trailer is now by 8’, he can move his house back. He is going to have a problem moving the house west. He is too close by the ordinance. I hear several people on the board saying that is too close. That usually means negative votes.

Director Weaver asked, are you amending your request?

Attorney Altman stated, no, I didn’t hear him say he was.

Director Weaver stated, well I wasn’t real sure.

Without further discussion the board voted.

The Board finds the following:

1. That objectors were present at the meeting

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

3. That the request is for a 7’ front setback variance, a 7’ East side setback variance

and a 3’ West side setback variance to build a new home on the property.

4. (1) The variance request (is) (is not) a variance from a use district or

classifications under are plan law. Vote: 4 is not, 0 is.

5. (2) The granting of this variance (will) (will not) be injurious to the public health,

safety, morals and welfare of the community. Vote: 2 will not 2 will.

6. (3) The use and value of the area adjacent to the property included in the variance

request (will) (will not) be affected in a substantially adverse manner. Vote 2

will, 2 will not.

7. (4) The strict application of the terms of the zoning ordinance is being applied to a

situation that (is) (is not) common to other properties in the same zoning district. Vote: 1 is 3 is not,

8. (5) The strict application of the terms of the zoning ordinance (will) (will not)

result in unusual and unnecessary hardship. Vote: 3 will, 1 will not.

9. (6a) This situation (is) (is not) such that there are exceptional or extraordinary

circumstances or conditions applying to the property in question or to the intended

use of the property that does not apply generally to other properties or class of uses

in the same zoning district. Vote: 1 will, 3will not.

10. (6b) this situation (is) (is not) such that such variance is necessary for the

preservation and enjoyment of a substantial property right possessed by other

property in the same zoning district and in the vicinity. Vote: 1 will, 3

will not.

11. (6c) This situation (is) (is not) such that the authorizing of such variance will be

of substantial detriment to adjacent property and will materially impair the

purposes of the ordinance of the public interest. Vote: 2 will, 2will not.

12. (6d) This situation (is) (is not) such that the Board specifically fins the condition

or situation of the specific piece of property for which the variance is sought is of

so typical or recurrent a nature as to make reasonably practicable the formulation

of a general regulation, under an amendment of the ordinance, for such conditions or situations. Vote: 1 will, 3will not.

The variance was denied based on the findings of fact by a vote of 0 for and 4 against. A vote of 3 “for” is necessary to grant a variance.


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#2261 Anthony F. & Jessie Ponziano; The property is located on Lot Four (4) in Butterfield Camp and part of Lot Number 27 in Butterfield Camp containing 0.083 acre, South of Monon Road, beside 6075 N. Butterfield Loop.

Violation: None

Request: They are requesting a 2’ West side setback variance and a 2’ East side setback

variance to build a detached garage.

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

Anthony Ponziano stated, I’m Anthony Ponziano.

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

Anthony Ponziano stated, no.

President Jerry Thompson asked, Diann do you have anything?

Director Weaver stated, no I don’t believe we have had anything on it.

President Jerry Thompson asked, Jerry?

Attorney Altman asked, this is for an attached garage?

Anthony Ponziano stated, yes.

Director Weaver stated, the map we included with the board is a copy of the original plat of the addition. We were just trying to clarify to the board exactly how this property lies in conjunction with lot 4. Mr. Ponziano doesn’t own lot 4. When he came in and filed the request it was a little confusing to us, so we were just trying to clarify it.

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

David Scott asked, what is the building to the East?

Anthony Ponziano stated, it is a garage. Originally the lot I owned was owned by the people who owned that and was bought.

President Jerry Thompson asked, Gary, or Carol?

Carol Stradling stated, on here it looks like 4, your lots are connected, and on this they are not. Then on this it looks like lot 27 and your property are not connected and on this it looks like it is.

Anthony Ponziano stated, originally up until they bought this lot it was only lot 4 and they added part of lot 27. I’m thinking that my neighbor’s property is lot 27. They bought half of it to build a garage.

Director Weaver stated, lot 4 and lot 27 are not, there is a road in between them.

Carol Stradling asked, if you shifted this towards the roadway or towards lot 4 since it is a wedge shape you would have a little more distance between the side lot. Is there a reason why?

Anthony Ponziano stated, we wanted to be far enough away from the roadway. It is considered a roadway, but it really is not. There are two egress from that roadway. The map originally shows that road deadening at my West Side neighbor’s house. There is a drive there, where you can get out onto 300 E. I originally wanted to pull the garage back closer to 300 east. The corner then you would only have 4’, you would have to turn the garage like this and I thought aesthetic the garage would look better if it was in same angle as the shed next door to me.

Director Weaver stated, if you look at the pictures. The picture on the bottom left, on the right hand side where you see the house with the tree in front of it, that is lot 4. If you look at the picture above that, that garage is the garage that is on his neighbor’s property. That is the drive that goes back to the garage.

Carol Stradling stated, it doesn’t matter that those are not platted.

Director Weaver stated, one of them is part of the drive from my understanding from talking with Mr. Ponziano.

Anthony Ponziano stated, my neighbor has an entrance there that is really on his property and partly on mine. There is also another entrance which maybe she explained that is part of Butterfield Loop that is the loop. In fact I can, I could even vacate that road because it technically dead ends at my neighbor’s house. Most of the use is the Butterfield Loop entrances and exist. The only people that use the other one would be my neighbor to drive to the side of his garage or me coming into my drive. Other people do use it and we do not have any problems with that.

Attorney Altman asked, you would be accessing the garage from the 20’ road or C.R. 300? That is the most important thing.

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 lot of record and properly divided.

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

4. That no objectors were present at the meeting.

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

6. That the request is for a 2’ West side setback variance and a 2’ East side setback variance to build a detached garage on Lot Four (4) in Butterfield Camp, Monon Township, White County, Indiana as recorded in Plat Book 3 page 78 in the office of the Recorder of White County, Indiana.

Also, that part of Lot Number 27 in Butterfield Camp, Monon Township, White County, Indiana, described by: Beginning at the Northwesterly corner of said Lot 27; thence South 63 Degrees 07 Minutes 30 Seconds East along the Northerly line of Lot 27, a distance of 48.60 feet; thence South 36 Degrees 27 Minutes 06 Seconds West, a distance of 98.25 feet; thence North 50 Degrees 00 Minutes 00 Seconds West along the Southerly Line of Lot 27, a distance of 28.50 feet to the Southwesterly corner thereof; thence North 24 Degrees 01 Minutes 34 Seconds East along the Westerly Line of Lot 27, a distance of 90.52 feet to the Point of Beginning, containing 0.083 acre.

COMMON DESCRIPTION: The property is located South of Monon Road, beside 6075 N. Butterfield Loop.

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.

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#2262 John & Elizabeth Samoska, Owner; Bernie Jaggers, Applicant: The property is located on Lot 3 in Dolby Addition, South of Lowe’s Bridge at 3856 Dolby Court.

Violation: None.

Request: They are requesting a 14’ front setback variance, an 8’ East side setback

variance, an 8’ West side setback variance to build an addition and to bring the

existing home into compliance. Also, a 5’ rear setback variance, and a 4’ East

side setback variance to build an addition and to bring the existing garage into

compliance.

President Jerry Thompson asked, we will start with you Diann, is there anything?

Director Weaver stated, I have not received anything. We did send to the board a letter that he has received from the Shafer & Freeman Lake Association and also a letter from the DNR.

President Jerry Thompson asked, Jerry we don’t want all of this in the record do we.

Attorney Altman stated, no I certainly want to refer to the October 16, 2003 letter from the land manager of SFLECC indicating that they are willing to prepare a consent to encroach. I presume that is in reference to the encroachment of 1.8 tenth of a feet that this property would encroach and apparently the existing home encroaches on their property. The DNR letter exhibit September 18, 2003 indicates that the flood elevation is at 652’ at the site and below that it would be flood area. Do you know what the elevation of the property is?

Bernie Jaggers stated, no not at this time. I know I’m going to raise it up 3 blocks anyway. It will be higher.

Attorney Altman asked, you don’t know what the land?

Bernie Jaggers stated, no, it is less than 6’. I think you have got to have 6’, it is less than that, but I talked to Dave and I told him I was going to raise it up 2 blocks.

Attorney Altman stated, I thought with this being surveyed that somebody maybe caught the elevation.

Bernie Jaggers stated, no.

President Jerry Thompson stated, I would like to back up a minute here. I missed something. You are Mr. Jaggers, the applicant?

Bernie Jaggers stated, yes.

President Jerry Thompson stated, the Samoska are not here. What is your relationship with them?

Bernie Jaggers stated, I’m going to build the house.

President Jerry Thompson asked, you are the contractor?

Bernie Jaggers stated, yes.

Director Weaver stated, I was just going to let the board know that you did a couple of months ago grant a variance on the property to the West of this. They did also have to go through the DNR and there was no problem there.

Attorney Altman asked, is the elevation similar?

Director Weaver stated, yes.

David Scott asked, is this on the new sewer system?

Director Weaver stated, not at this time.

Bernie Jaggers stated, it is a matter of time, but it has over 1000’. I got the well report from Godlove and it is on a 1000 gallon tank and they have it staked out for the new system.

Attorney Altman asked, when is it going in there?

Bernie Jaggers stated, they say they are going to set the grinders next year. Then the following year it will be completely done.

Carol Stradling asked, when you say you are going to raise it up 6 blocks?

Bernie Jaggers stated, no 3 blocks.

Carol Stradling stated, 3 blocks, does that mean the structure that is currently there will be completed gone.

Bernie Jaggers stated, no I have to leave the foundation or I can not with SFLECC. If I took the foundation out they would not grant me permission to do it. If I leave it and raise it up then they will.

Carol Stradling stated, so you will be tearing down the house and leaving the foundation and starting from.

Bernie Jaggers stated, right with the addition and then that way I can get my blocks up higher for a crawl space.

Carol Stradling asked, what we are looking at now, we will not see anymore? The house that is here, all of that will be gone?

Bernie Jaggers stated, right.

Carol Stradling asked, and the garage?

Bernie Jaggers stated, it stays.

Carol Stradling stated, it stays and it doesn’t need elevated.

Bernie Jaggers stated, right.

Carol Stradling stated, I guess I have one concern. The first variance was 1’ off of the property line and this house in lot 2 does not have a garage currently, so they could potentially build a garage. They could be just as close to your garage as you are, which posses some issues.

Bernie Jaggers stated, the same with this guy, his garage on well really it is less than 2’.

President Jerry Thompson asked, how long was the other variance?

Director Weaver stated, just a couple of months ago.

Attorney Altman asked, what was the variance for?

Director Weaver stated, I don’t remember and I would have to look it up.

Carol Stradling stated, I feel more comfortable with the home to the West because their garage is already in place. If we look at building a garage for the home on lot 2, I guess it is already there, its not like we are extending it over to that, we aren’t granting him approval to extend it over. I’m assuming it was built there before.

Bernie Jaggers stated, the people that sold this to them told them they had a 52’ frontage. That use to be a bay right in there and they filled it in and come to find out that they only have 27’.

That is their fault.

Director Weaver stated, Indovina’s requested a front setback variance to build a second story and to bring the existing home into compliance. A side setback variance to bring the existing home into compliance.

Attorney Altman asked, what did the side setback say?

Director Weaver stated, 6.8’ and I can not tell you what side it was on.

Bernie Jaggers stated, the East Side.

Attorney Altman stated, the only thing I can say is that we do have a bit of precedence, but it doesn’t have to control here. Just because it was granted there doesn’t mean that it is granted here. Obviously there are always circumstances on why you do or don’t grant a variance. You can look at this similarly, but separately and discriminate appropriately by granting, modifying, or denying the variance request.

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

Director Weaver stated, I think I have copies of the garage area that I didn’t give to the board. This sheet is of the garage area. I failed to get copies to the board.

Carol Stradling asked, there is a shed that is theirs?

Bernie Jaggers stated, it is gone.

Carol Stradling stated, I would question the proximity of the garage to the East property line, but that is already been in place.

David Scott stated, another thing is it is less than a 1’ off the road and of course that is already there, so we aren’t going to change that.

Attorney Altman stated, however, with the proposed addition you can change that, but not a lot.

Carol Stradling asked, where would Samoska pull their cars off of the road?

Bernie Jaggers stated, into the garage. Across the road they’ve got parking and it is a community owned and everybody uses it. They pay so much it is the association. Everybody parks over there.

Director Weaver stated, there is a gravel area across from the garage.

Carol Stradling stated, so there is room because without that proposed addition to the garage they could pull up beside the garage, but once you pull that up there is no where to go other.

Bernie Jaggers stated, right, but everyone pays so much a year for the use of the enter circle.

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

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 14’ front setback variance, an 8’ East side setback variance, an 8’ West side setback variance to build an addition and to bring the existing home into compliance. Also, a 5’ rear setback variance, and a 4’ East side setback variance to build an addition and to bring the existing garage into compliance on Lot 3 in Dolby Addition in Liberty Township, White County, Indiana.

COMMON DESCRIPTION: The property is located South of Lowe’s Bridge at 3856 Dolby Court.

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

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

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#2263 Herman & Margot J. Gouwens; The property is located on Lot 12 and part of Lot 11 in Edgewater Addition to Camp Reuben and 15’ x 50’ vacated roadway, South of Lowe’s Bridge at 4756 Reuben Court.

Violation: None.

Request: They are requesting a 3.5’ side setback variance to build a detached garage

on the property.

President Jerry Thompson asked, sir you are?


Herman Gouwens stated, I’m Herman Gouwens. It says 3.5, it is 1.5 on the North side is what I’m asking for. The survey says 1.5’ this thing says 3.5’.


Director Weaver stated, we ask for the difference. You are required to have 5’, and you are asking to have 1.5’ so we ask for the difference.


Carol Stradling asked, so your garage will be 1.5’ from the property line?


Herman Gouwens stated, yes, and there is a fence on the North side. The reason I had it set up to put it on the South side, but I got the road vacated, so I can go on the North side now.


Director Weaver stated, Mr. Gouwens has had a variance previously and I did send the board copies of the minutes and the staff report from that, so you could see where he originally proposed his garage.


President Jerry Thompson asked, where is this vacated roadway?

Did you have anything other than that? Does anyone here care to address the variance either for or against? Dave Scott?


David Scott stated, once again is the road out here on this 50’.


Herman Gouwens stated, that is the end of the road.


Attorney Altman stated, not the vacated area, where is the road that you drive on.


David Scott asked, where will you enter the garage?


Herman Gouwens stated, the South side of the property. The road going out to the South.


Attorney Altman asked, Rueben Court?


Herman Gouwens stated, yes.


Attorney Altman stated, Rueben Court was vacated on his property.


David Scott asked, so he comes in on Rueben Court then?


Attorney Altman stated, yes.


President Jerry Thompson asked, Gary? Carol?


Carol Stradling stated, I guess I’m wondering why you don’t just keep it 5’ from the property line.


Herman Gouwens stated, I need a place to turn around there, the lot is only 50’. It is hard to turn around.


Director Weaver stated, as the property goes to the West it is on a hill, so it slopes down.


Carol Stradling stated, so your intentions are the garage doors are going to be on the South side of the garage.


Herman Gouwens stated, yes, then I can come straight in from the road.


Carol Stradling asked, so where would you be turning around?


Herman Gouwens stated, right in front of the garage, I have to back up a couple of times now to turn around. There isn’t enough room on top of the hill to turn around. That is why I wanted it closer to the property line.


Director Weaver stated, you could probably back up towards the house to turn around to back out.


Herman Gouwens stated, correct.


President Jerry Thompson asked, is there anything else? No other discussion then are we ready to vote?


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 3.5’ side setback variance to build a detached garage on Lot 12 and 10 feet off the North side of Lot 11 in Edgewater Addition to Camp Reuben in Liberty Township, White County, Indiana.

Also, that part of a 15.00 foot roadway as platted in Edgwater Addition to Camp Reuben, as recorded in deed Record 121, Pages 236 and 237 in the office of the Recorder of White County, Indiana described by: Commencing as the Northeast corner of Lot 12 in said Addition; thence South 90 Degrees 00 Minutes 00 Seconds West (assumed bearing) 20.00 feet to the point of beginning; thence South 00 Degrees 56 Minutes 32 Seconds East 50.00 feet; thence North 90 Degrees 00 Minutes 00 Seconds West 15.00 feet; thence North 00 Degrees 56 Minutes 32 Seconds West 50.00 feet; thence North 90 Degrees 00 Minutes 00 Seconds East 15.00 feet to the point of beginning, containing 0.017 of an Acre, more or less. Be, and the same hereby is vacated as a public roadway.

COMMON DESCRIPTION: The property is located South of Lowe’s Bridge at 4756 Reuben Court.


7. That the variance herein authorized and granted is not so typical or recurrent in nature as to make typical or recurrent the formulation of a general regulation under an amendment of the ordinance for the above said condition or situation of the above said specific piece of property, and the Board additionally finds that the above said variance is based on the findings of fact so made that are required to be made under the provisions of Section 1010 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.


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#2264 Craig A. & Carra E. Woodruff; The property is located on the West half of lot 7 and the West half of Lot 8 all in Block 4 in James C. Moore’s Addition, in the Town of Brookston at 500 E. 2nd Street.

Violation: None.

Request: They are requesting a 32’ front setback variance and a 6’ rear setback

variance to put a 6’ privacy fence on the property.

President Jerry Thompson asked, sir you are?

Craig Woodruff stated, I’m Craig Woodruff.

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

Craig Woodruff stated, no.

President Jerry Thompson asked, Diann do you have anything?

Director Weaver stated, no.

Attorney Altman asked, the way this would be placed on the lot it does not appear that it would affect the traffic visibility in any way. Is that correct?

Director Weaver stated, I don’t believe so, looking at the survey. The pictures are deceiving I don’t think from the survey that it is going out that much farther than the house.

Craig Woodruff stated, it is like 30’ off of the road.

Attorney Altman stated, because of that it doesn’t affect the traffic visibility at all.

Director Weaver stated, no. There is a home to the North of his home that is not on the survey.

Attorney Altman stated, that is the lower left-hand picture. That doesn’t have a garage any where near his boundary line.

Director Weaver stated, no the garage I believe is on the North side of their house.

Attorney Altman stated, so again then it wouldn’t be in any ones way or traffic visibility.

Director Weaver stated, no not traffic.

Craig Woodruff stated, I believe it is a good 30’ because that is a double easement. The way it was explained to me by the town. It is a good piece of land. I asked them if I could buy it. They shook their heads.

President Jerry Thompson asked, anyone care to address the variance? Carol I’ll start with you, do you have any questions?

Carol Stradling stated, I’m a little bit confused with your last statement that, that was a good piece of land. I’m looking at the woodshed the 8’ x 8’. On your property and I think that I’m looking from the road back through your back yard and it does not look like that there is that much room between the wood shed and the neighbors house. Can you show me on the survey where your easement is?

Craig Woodruff stated, where my truck is parked at from those mail boxes up to about 4’ off of the house that is the easement.

Carol Stradling stated, okay, I was thinking this way. Here is the wood shed. How close to this house are you going to be? That would be my question.

Craig Woodruff stated, so it comes right behind that shed. Maybe a 1’ behind the shed, if that.

Carra Woodruff stated, there is 6’ to 8’ between our house and the neighbors.

Carol Stradling stated, so the fence would probably split the difference between the house and the wood shed. Before you put that fence up you need to verify where your property line is.

Craig Woodruff stated, we have it staked.

Carol Stradling stated, okay you have it staked.

President Jerry Thompson asked, what type of fence are you putting up?

Craig Woodruff stated, just a wood fence, not a chain links.

Director Weaver asked, it is a privacy fence?

Craig Woodruff stated, yes.

President Jerry Thompson asked, Gary, Dave, anything Carol?

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 variance and a 6’ rear setback variance to put a 6’ privacy fence on the West half (1/2) of lot Number Seven (7) and the West half (1/2) of Lot Number Eight (8) all in Block Number Four (4) in James C. Moore’s Addition to the Town of Brookston, White County, Indiana.


COMMON DESCRIPTION: The property is located in the Town of Brookston at 500 E. 2nd 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.

****

#2265 Michael A. & Marcia K. Lewellen d/b/a Covered Wagon RV Sales; The property is located on 2.618 acres, more or less, in the Town of Burnettsville at 202 S. West Street.

Violation: None.

Request: They are requesting an 8’ height variance to build a new building for

storage.

President Jerry Thompson asked, sir you are?

Attorney Altman stated, for the board to know I have done business for this business and I consider myself to have a conflict of interest and recuse myself from this.

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

Michael Lewellen stated, no there should be a paper up there that I brought in from the Town Board.

Director Weaver stated, there is a letter from the Town of Burnettsville. It is dated November 5, 2003. This is to confirm that the Burnettsville Town Council has no objections to the request of Michael Lewellen d/b/a Covered Wagon RV Sales for a variance permitting his building to be constructed to a height of 22’. Signed Jim Saylor.

Michael Lewellen stated, the building that is existing right now is 22’ now and this is setting right beside it.

President Jerry Thompson asked, is there anything else Diann?

Director Weaver stated, no.

President Jerry Thompson asked, Dave, Carol?

Carol Stradling stated, no, I’m just trying to figure out on the survey it has US Hwy 24 and then there is a dash line with dots at the end of it. It says approximate right-of-way line and that cuts through the corner of the property.

Director Weaver stated, yes it does.

Michael Lewellen stated, originally before the highway was put in, that was actually a squared off piece of property and I assumed the property.

Carol Stradling asked, that would be a chain link fence that goes around the entire property?

Michael Lewellen stated, yes, it sure is. That is down at the other end to the West because the highway is not straight there, it curves.

President Jerry Thompson asked, Gary, Carol were you done?

Carol Stradling stated, yes.

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 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 an 8’ height variance to build a new building for storage on
TRACT 1

That part of the Northwest Quarter of the Northwest Quarter of Section 25, Township 27 North, Range 2 West in Jackson Township, White County, Indiana, described by:

Commencing at the Northeast corner of the Northwest Quarter of the Northwest Quarter of said Section 25; thence South 0 Degrees 36 Minutes 00 Seconds East (S 0º 36’ 00” E) along the centerline of CR 1425 E and the fractional section line, a distance of 406.78 feet to a point on the centerline of U.S. 24 and the point of beginning; thence continuing South 0 Degrees 36 Minutes 00 Seconds East (S 0º 36’ 00” E), along said line, a distance of 63.50 feet; thence North 89 Degrees 54 Minutes 00 Seconds West (N 89º 54’ 00” W) a distance of 203.35 feet; thence North 0 Degrees 35 Minutes 09 Seconds East (N 0º 35’ 09” E) a distance of 58.91 feet to a point on the centerline of U.S. 24; thence North 88 Degrees 48 Minutes 00 Seconds East (N 88º 48’ 00” E) along the centerline of U.S. 24, a distance of 202.13 feet to the point of beginning, said described tract containing 0.285 acres, more or less.

TRACT 2

That part of the Northwest Quarter of the Northwest Quarter of Section 25, Township 27 North, Range 2 West in the Town of Burnettsville, White County, Indiana, described by:

Commencing at the Northwest corner of the above said Section 25; thence South 89 Degrees 37 Minutes East along the section line 676.2 feet; thence South 474.0 feet; thence South 89 Degrees 54 Minutes East 429.0 feet to the point of beginning; thence South 89 Degrees 54 Minutes East 238.12 feet to the East line of the Northwest Quarter of the Northwest Quarter; thence South 00 Degrees 36 Minutes East 70.00 feet; thence North 89 Degrees 54 Minutes West 238.85 feet; thence North 70.00 feet to the point of beginning.

TRACT 3

That part of the Northwest Quarter of the Northwest Quarter of Section 25, Township 27 North, Range 2 West in the Town of Burnettsville, White County, Indiana, described by:

Commencing at the Northwest corner of the above said Section 25; thence South 89 Degrees 37 Minutes East along the section line 676.2 feet; thence South 672.00 feet to the point of beginning, said point of beginning being the Southwest corner of the North Half of the East Half of the Northwest Quarter of the Northwest Quarter; thence South 89 Degrees 54 Minutes East 429.0 feet; thence North 198.0 feet; thence North 89 Degrees 54 Minutes West 429.0 feet; thence South 198.0 feet to the point of beginning. The above described tract of land being subject to right-of-way for U.S. Highway No. 24 across the Northwest corner thereof.

COMMON DESCRIPTION: The property is located in the Town of Burnettsville at 202 S. West 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.

****

#2266 Joseph Murray, Owner; Joseph & Karen Murray, Applicant: The property is located on Lots 56, 57 and 58 in Parse’s Forest Lodge First Addition and part of a vacated roadway containing .184 of an acre, on the North side of Parse’s Road between Timberline Court and Canyon Loop.

Violation: None.

Request: They are requesting a 7’ height variance to build a detached garage on the

property.

President Jerry Thompson asked, you are sir?

Joe Murray stated, I’m Joe Murray.

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

Joe Murray stated, no I do not.

President Jerry Thompson asked, do you have anything?

Director Weaver stated, no.

President Jerry Thompson asked, Jerry do you have anything?

Attorney Altman stated, the only thing to note is that you have 3 lots here. If the variance is granted these are essentially married together and they can not be sold off.

Joe Murray stated, I understand that.

President Jerry Thompson asked, Carol do you have any questions about this?

Carol Stradling asked, how high will you be building this?

Joe Murray stated, just under the 24’.

Carol Stradling asked, it will be personal storage or what?

Joe Murray stated, personal storage.

Carol Stradling stated, that is going to be a big garage?

Joe Murray stated, actually it will be small. It is going to drop down to 36’ x 56’ now.

Director Weaver stated, his home is to the East of this. You can see it in the pictures. He is the closest to the garage.

President Jerry Thompson asked, Gary, or Dave or Carol back to you.

Anyone here care to address 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 7’ height variance to build a detached garage on Lots 56, 57 and 58 in Parse’s Forest Lodge First Addition in Union Township, White County, Indiana.


Also, That part of a road as platted in Parse’s Forest Lodge First Addition in Union Township, White County, Indiana described by:

Beginning at the Southeast corner of Lot #58 in said addition; thence North 34 Degrees 51 Minutes East 317.26 feet; thence South 55 Degrees 09 Minutes East 25.00 feet; thence South 34 Degrees 51 Minutes West 324.15 feet; thence North 39 Degrees 44 Minutes West 25.93 feet to the point of beginning, containing 0.184 of an acre.

COMMON DESCRIPTION: The property is located on the North side of Parse’s Road between Timberline Court and Canyon Loop.

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.

****

President Jerry Thompson asked, do you have anything that you would like to say? He says that he has some plans in the future and just wanted to set in and listen to a meeting.


John Jurisa stated, I’m John Jurisa and I have some property that will need a variance and I just wanted to set in and listen.


President Jerry Thompson asked, Diann is there any other business?


Director Weaver stated, I have sent the board a copy of the fines imposed, if you will look at that, I have highlighted Mr. Tripplett and Mr. Provo’s fine. It has been paid, there was a stop payment put on the check, so we will be pursuing that by some means. I’m not real sure, we have an appointment with Mr. Triplett next week.


Attorney Altman stated, to find out who to pursue and I’m not sure exactly which remedy will go, but it is a complicated situation on the check. The violation really isn’t. There is a check that may allow us to get other means to get enforcement with the check being improperly stopped and improperly signed. We are looking into that. There is always more than one way to skin a cat so to speak. We are trying to collect the fines.


Director Weaver stated, from my understanding Mr. Triplett now has the property back.


Attorney Altman stated, he does have it back.


Director Weaver stated, that is my understanding of it. I also sent something to the board that I haven’t done before. The APC gets this, but the BZA hasn’t gotten this before. Copy of the attorney’s fees. It dawned on me when I was working on this month for APC that really most of these things are BZA matters, so I thought the BZA might be interested in seeing them. I will mentioned too that the Shearer property in Monon, we gave them 60 days to do something with the fence, I have not had any contact with them since the meeting. Another one to update the board on is Terry Babka, he has come in and gotten a new permit and he has paid his fine although, it is not in my possession. It has been paid with an out of state check. They have to make sure it is good. I thought that was ironic because he stated that his residence was here. In court he stated that, which I thought was.


Attorney Altman stated, yes, that is interesting.


Carol Stradling asked, would it be beneficial to make a copy of that and give it.


Director Weaver stated, I don’t have a copy of it and I don’t think I will actually get the check. Won’t the clerk cut me a check?


Carol Stradling asked, can we ask for a copy and then forward that on to Judge Mrzlack and say this is the check paying his fine and he has applied for a building permit please note the address on the check. Just so that he knows that there is progress being made and then let him know when construction starts that we are keeping an eye on it.


Attorney Altman stated, as long as it is an ex-party response. We can give a progress report. If you remember the judgement there was several ways this person could comply with the ordinance and I think to what you are saying in this is to let the judge know how he is complying and I think that would be totally appropriate.


Gary Barbour stated, you could do it with a letter and cc to his attorney. That would be the best way to do.


Carol Stradling stated, everybody knows, we are watching, and they know it is being kept up with and the judge knows.


President Jerry Thompson asked, is there anything else?


Director Weaver stated, no.


Attorney Altman stated, I have couple of things we are bring we are bring an enforcement action on the guy running a repair shop and since it is a rezoning, I don’t think this effects the board. Just letting you know what is going on. The County Commissioner came to the APC and they have indicated that they are looking at and going to hire a consultant to review and I hope do a new ordinance, Subdivision and Rezoning ordinance. So talk to your Commissioners and tell them how much and how important it is for someone on BZA to be on that committee to review. Just so you know that you need to talk to the Commissioners and let them know how important it is to us. I’m sure they will say fine that is great. They either don’t know or they didn’t think about that.


Attorney Altman stated, that there is 30 acres there about two miles.


Gary Barbour stated, it went as a no to the Commissioners.


Director Weaver stated, yes, it went with no recommendation to the Commissioners. They turned it down.


President Jerry Thompson asked, who owns it.


Gary Barbour stated, on the East Side.


Attorney Altman stated, it is a trust.


Director Weaver stated, it was in a partnership.


President Jerry Thompson stated, I’m trying to figure out who owns the property.


Several talking at once.


Carol Stradling asked, what happened with the trucking thing. They were operating a trucking business inside the trailer and they were getting permits.


President Jerry Thompson stated, that was Wiese.


Director Weaver stated, that was taken care of.


Carol Stradling asked, how do we stand with the Indiana Beach and the Public.


Attorney Altman stated, it is a continuing saga. That is all I can tell you.


David Scott stated, I want to add one more thing. The infraction was 17 years old and I think in my opinion there has got to be a statue of limitation. I haven’t had time to look into this very well. In the IC Book 36-7-4-1 infraction of an ordinance violation proceedings. #2 must be brought within two years of the alleged conduct or violation occurred. I don’t know, and it really doesn’t matter what my opinion is on this as a board, I don’t mind Jerry making a limit, but if, we need to be right when. I think it needs to be looked into and that we need to find out that we are right, if we go back. If it is two years then that is what we need to be going back is two years. That is what the law says.

Attorney Altman stated, 36-7-4-1 page 102.

Director Weaver stated, two years in our situation, I don’t think it is enough because simply they can have a building out there that we don’t know about because it won’t even be picked up and put on their property record card.

David Scott stated, there was another section in there on further and it said something about 6 years and I was going to try to be prepared tonight and I just didn’t have time. I agree I don’t think two years is far enough to go back. There again this is just my opinion and I think we need to follow the letter of the law here. Really I think Jerry needs to research this and find out what are we suppose to be doing. We need to be going by what the law is. I think 17 years to go back and things. Is everyone house here in order 17 years back? You are talking about different Directors and I doubt there was a fining procedure 17 years ago. If there was it wasn’t implemented.

Attorney Altman stated, there was, we took buildings down back then.

David Scott stated, if I got stopped for drinking 20 years ago and the legal drinking law was 1.5 or .15 and then they changed the law, they can’t go back and re-arrest me. It is 1.8 and we are going to drag you back in here. I think we need to find out and we need to.

Attorney Altman stated, this would not apply.

David Scott stated, I don’t know what would apply to this, but I know there has got to be something. What ever it is I would like to find out, so that we are consistent.

Carol Stradling asked, is there something specific that was brought up last meeting that I missed?

Director Weaver stated, I think Mr. Zbinden he had a garage I thought was a violation and come to find out it was not because Liberty township and the Anderson’s theirs.

David Scott stated, the Anderson is the one I’m talking about. It happened 17 years ago. In his case where he was involved with the Government and everything, we were probably right in dinging him, but I’m looking passed who it was and what was happening and something 17 years old to me, if you murder someone it is 7 years or something.

Attorney Altman stated, no that is unlimited, but other criminal charges two years is the statute of limitation. I have been looking at this and I don’t see that there is one.

David Scott stated, I would like to know before we leave if I am the only one that feels this way.

President Jerry Thompson stated, no I feel there is a strong need for it, especially.

Gary Barbour stated, we are all in agreement with this.

Carol Stradling stated, I don’t know how we will establish this.

Director Weaver stated, I think the ownership thing is the best way to go.

Carol Stradling stated, but the ownership thing works, who the director thing would work because they may have been told something by the director that you have no record of.

David Scott stated, the only thing I see wrong with that is not that Diann does it, what if her neighbor comes in here and he says ah you don’t need a permit and then Diann goes on her way and we get a new one, we can’t start then. That would be my argument against that.

Carol Stradling stated, I think that there is argument against all of it. I don’t know if we can establish anything definite. I think some kind of policy should be done.

The meeting adjourned.

Respectfully submitted,

Gary Barbour, Secretary

Diann Weaver, Director

White County Area Plan Commission