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The White County Board of Zoning Appeals met on Thursday, May 20, 2004 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: Randy Price, Charles Mellon, Joseph Vinci, Dwayne Starostka, Marvin W. Pegarsch, Dave Fletcher, Angie Fletcher, Art Connell, Bob ???, Eric Buehler, Vicky Singer, Rich Singer, Kevin Beaver, Jan Conwell, and Cindy Lear.

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 table the minutes of the March 18, 2004 until the next meeting. Attorney Altman swore in all Board members and audience members.

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#2280 Patricia A. Adkins & Kenneth S. Turpin; The property is located on Lot 47 in Gingrich Addition, South of Monticello at 5307 S. Gingrich Court. Tabled from the February 19, 2004 meeting.

Violation: None

Request: They are requesting a 24’ front setback variance and an 8’ South side setback variance to replace the existing home on the property.

President Jerry Thompson asked, is there anyone here representing the Adkins or the Turpins?


Director Weaver stated, they are not here tonight, they contacted me today at the office. They are revising their request. I did inform them that this could be dismissed by the board tonight where they are going to have to re-file because this is the 3rd time this has been tabled. The request will have to be re-advertised because of the way they are changing it.


President Jerry Thompson stated, okay back up here, you said we have the right to dismiss this.


Director Weaver stated, yes, it has been tabled 3 times.


President Jerry Thompson stated, yes.



Director Weaver stated, I didn’t know if the board would want to dismiss it or table it again hoping that they would be here at the next meeting.


Carol Stradling asked, didn’t we table it the first time? Did the Board table it the first time?


Director Weaver stated, no I think they did.


Carol Stradling stated, that is the one where they were real close to the neighbors and they had that discussion afterwards on what they were going to do in changing the plans.


Director Weaver stated, yes.


Carol Stradling stated, they actually tabled it at time.


Director Weaver stated, I believe so.


President Jerry Thompson asked, now when you say at the next meeting, are you saying as soon as next week?


Director Weaver stated, no.


President Jerry Thompson stated, no.


Director Weaver stated, it would be June.


President Jerry Thompson stated, okay.


Attorney Altman stated, I don’t like to just table things, but the ordinance does indicate that is the remedy to dismiss it with that many tabling. The boards can do otherwise, but the ordinance effectively says it is dismissed after that many tabling.


David Scott asked, what does that mean, are they going to have to re-advertise it anyway because they are changing things?


Director Weaver stated, yes.


Attorney Altman stated, if you dismiss it they will have to re-file and pay more money.


Director Weaver stated, yes, pay another filing fee, and they are aware of this. We sent them a letter and told them they needed to be here tonight or it was going to be dismissed. They are aware of that.


David Scott stated, well I can’t think, we need to stay consistent with the ordinance unless there is a good reason not too.


President Jerry Thompson asked, is there anyone in attendance concerning this variance?

Okay I was just curious.


Director Weaver stated, we have had some neighbor’s here in the past.


President Jerry Thompson stated, say that again Dave I heard you, but.


David Scott stated, I hate it that it is going to cost them more money, but like you say people come to hear it and I think we need to stay consistent with the ordinance.


Carol Stradling stated, does it say we have too, or we may. I know when they initially submitted it that there were some, they were looking at making some changes so the neighbor’s could be happy and they were from Chicago I believe. I can see where it might take some time.


Director Weaver stated, right now I don’t even have the documentation in the office for their changes. They are still trying to get a survey. They got a survey done, but the survey is still not correct. They are still waiting on a survey to even have the information for the next meeting.


President Jerry Thompson asked, when is the last time that you had any correspondence with them? What a week, two, or….


Director Weaver stated, their contractor contacted me today.


President Jerry Thompson stated, oh yea.


Director Weaver stated, yes.


David Stimmel stated, I move that we dismiss it.


Carol Stradling asked, do they have to re-file and do another and go through the whole process?


David Scott stated, are they talking about more time restriction, if they have to re-file or is it the same amount of time, can they still….


Director Weaver stated, it is the same amount of time.


David Scott stated, I will second it then.


President Jerry Thompson stated, okay it has been moved and seconded that we dismiss variance #2280. Any other discussion? All in favor signify by saying “aye”. All of those opposed?

5 affirmative and 0 negative.


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#2298 David E. & Cheryl Stelow, Owner; Kevin Beaver, Applicant; The property is located on Lot 7 in Lake Breeze Subdivision #4, Southwest of Buffalo at 5883 E. Cottonwood Drive.

Violation: None

Request: They are requesting a 24’ Rear Setback Variance and a 3’ Side Setback Variance to replace an existing mobile home.

President Jerry Thompson asked, and you are sir?

Kevin Beaver stated, I’m Kevin Beaver.

President Jerry Thompson stated, first of all there are no violations and they are requesting (Jerry re-read the request) Mr. Beaver do you have anything that you would like present to the board tonight?

Kevin Beaver stated, no sir, besides it is going to make me and my wife’s home better. It is going to be a newer home, other than that no.

President Jerry Thompson asked, Diann do you have anything?

Director Weaver stated, I have not had any contact from any of the neighbors. We did send to the board a copy of their deed because they do have stipulations on that deed and I thought the board might be interested in knowing about the setbacks. I’m assuming that these stipulations were set up before Area Plan had jurisdiction up there. I thought the board might be interested in those.

President Jerry Thompson stated, okay.

Director Weaver stated, I might add that it is in line with the home adjacent to it.

President Jerry Thompson stated, okay. Is there anyone here cared to address either for or against this variance? Are there any questions from the board for Mr. Beaver? Carol, Gary, Dave, and Dave? Jerry anything?

Carol Stradling stated, I guess I do have questions. It looks like an open area behind, here is your home, and then this area. What is here?

Kevin Beaver stated, it is a ditch.

Carol Stradling stated, okay, so no one is going to want to build there?

Kevin Beaver stated, no.

President Jerry Thompson stated, if there is no other discussion, let's vote.

Without further discussion the board voted.

The Board finds the following:

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

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

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

4. That no objectors were present at the meeting.

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

6. That the request is for a 24’ Rear Setback Variance and a 3’ Side Setback Variance to replace an existing mobile home on Lot 7 in Lake Breeze Subdivision #4 in Liberty Township, White County, Indiana.

COMMON DESCRIPTION: The property is located Southwest of Buffalo at 5883 E. Cottonwood Drive.

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.

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#2299 Marvin W. & Mary A. Pegarsch; The property is located 60’ of even width off the entire West side of Lot #5, in Timberline Lane Subdivision Number One (1), North of Lowe’s Bridge at 5408 E. Quiet Water Court.

Violation: None

Request: They are requesting a 3’ side setback variance to add a 2nd story and an attached garage to the existing home.

President Jerry Thompson asked, and sir you are?

Marvin Pegarsch stated, I’m Marvin Pegarsch.

President Jerry Thompson stated, do you have anything additional that you would like to present to us?

Marvin Pegarsch stated, no, the house really just needs renovation any way and we just figured that we would do it right.

President Jerry Thompson asked, Diann?

Director Weaver stated, I have not had anything or heard anything from any of the neighbors. Do I remember right, don’t you own the lot next door?

Marvin Pegarsch stated, yes, right, he said there was no objection, he said if I needed a letter that he would give me one.

Director Weaver asked, do you own one of the lots next door.

Marvin Pegarsch stated, oh yes, yes.

Director Weaver stated, lot #5.

Marvin Pegarsch stated, yes, I believe it is.

Director Weaver stated, that is what I thought.

Carol Stradling asked, he is lot 5?

Director Weaver stated, yes, he owns both of those lots

Marvin Pegarsch stated, there is only one that is adjacent to it that isn’t mine right now. That is Don Jordan.

President Jerry Thompson asked, anything else Diann?

Director Weaver stated, no.

President Jerry Thompson asked, Jerry is there anything?

Attorney Altman asked, you are putting a second story on this addition.

Marvin Pegarsch stated, yes.

Attorney Altman stated, I see a lot of one-story structures here. This won’t interfere with their views?

Marvin Pegarsch stated, no, fact is two doors away from it is a two story house and 3 doors the other way is a two story house. Right across the street is one.

Attorney Altman stated, but as I look at your improvement even though, even if it is the only two story around you are back there so you are not interfering with someone’s view.

Marvin Pegarsch stated, no I own the other two across the street from it.

Attorney Altman stated, on the other side of the roadway.

Marvin Pegarsch stated, yes.

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

Director Weaver stated, the second story is going above the existing home?

Marvin Pegarsch stated, right.

Director Weaver asked, did you understand that Jerry?

Attorney Altman stated, no I didn’t.

Director Weaver stated, that is why I wanted to confirm that.

Attorney Altman stated, so it will be on the present dwelling.

Marvin Pegarsch stated, right.

President Jerry Thompson asked, Carol do you have any questions for him.

Carol Stradling asked, do we have a drawing of what that or those improvements are going to look like?

Marvin Pegarsch stated, well right now I don’t have them in blue print form. It is going to an architect.

Carol Stradling stated, okay.

Marvin Pegarsch stated, I do have them if you want to look at them.

Carol Stradling stated, so all we have is the survey.

Director Weaver stated, at this time. We will get a copy of the prints at the time he applies for the building permit.

Carol Stradling stated, okay.

Director Weaver stated, we don’t have anything at this time.

Carol Stradling stated, he has to meet the height requirements there.

Director Weaver stated, yes.

President Jerry Thompson asked, Gary, Dave Stimmel, or Dave Scott do you have anything.

Attorney Altman asked, is this on sewer system.

Marvin Pegarsch stated, not yet, it has been staked. We did get approval from the Health Department.

Attorney Altman stated, I understand, it is real important that we know when it is going on the sewer system.

Marvin Pegarsch stated, yes it is going on the sewer system.

Attorney Altman asked, when?

Marvin Pegarsch stated, we don’t have a date.

Attorney Altman stated, what do you mean when you say it is staked.

Marvin Pegarsch stated, they came out and staked for where the pumps are going for the sewer.

Attorney Altman stated, so sometime this year.

Marvin Pegarsch stated, oh yes I believe so the way they are talking. I couldn’t give you a definite answer.

Attorney Altman asked, so you have not putting septic system in?

Marvin Pegarsch stated, no, and it was inspected and it was okay by…

Attorney Altman stated, I just think that it is real important that we have in the record that you are going to be on the sewer system.

Marvin Pegarsch stated, oh yes definitely.

Director Weaver stated, we have a copy of the approval in the file.

Attorney Altman stated, I understand, but that……

Carol Stradling stated, Mr. Pegarsch you have a garage currently. Will that one stay?

Marvin Pegarsch stated, yes, we thinking about letting it stay.

Carol Stradling asked, but you have yet decided?

Marvin Pegarsch stated, no.

President Jerry Thompson asked, is there any other discussion? Carol? If not let's 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’ side setback variance to add a 2nd story and an attached garage to the existing home on Sixty (60) feet of even width off the entire West side of Lot Number Five (5), in Timberline Lane Subdivision Number One (1), in Monon Township, White County, Indiana.

COMMON DESCRIPTION: The property is located North of Lowe’s Bridge at 5408 E. Quiet Water Court.

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

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

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#2300 William A. & Marcia L. Connell; The property is located on .46 of an acre, more or less, also .92 of an acre more or less, West of Buffalo at 8885 N. Kiger Drive.

Violation: None

Request: They are requesting a 6’ rear setback variance to add onto the existing privacy fence.

President Jerry Thompson asked, sir you are?


William Connell stated, I’m William Connell.


President Jerry Thompson asked, do you have anything else that you would like to have submitted to the board.


William Connell stated, no, just that it was existing. The other fence was existing.


President Jerry Thompson asked, Jerry do you have anything? We have pictures here.


Attorney Altman stated, you understand that if the variance is granted right now you have two separate tracks of ground and if it is granted they are forever married together. So long as you use the land with this variance.


William Connell stated, yes.


President Jerry Thompson asked, is there anyone who cares to address this variance either for or against? Okay Diann has stepped out. Any concerns from the board? Anyone, Dave, Dave, Gary or Carol.


Attorney Altman stated, it is a privacy fence, will the new one be just like it.


William Connell stated, it will be just like it. It will continue on.


President Jerry Thompson stated, if there is no other discussion should we move on without Diann.


Attorney Altman stated, let me check the file for any fan mail. I didn’t see any in here at all. I don’t believe there are.


President Jerry Thompson asked, is the board ready to vote?


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 6’ rear setback variance to add onto the existing privacy fence.

That part of the West side of the Northwest Quarter of Section 15, Township 28 North, Range 3 West in Liberty Township, White County, Indiana, described by:

Commencing at the Northwest corner of the above said Section 15; thence South 88 Degrees 49 Minutes East along the section line 1220.95 feet; thence South 01 Degree 08 Minutes 30 Seconds East 344.13 feet to the point of beginning; thence South 01 Degree 08 Minutes 30 Seconds East 200.00 feet; thence East 201.10 feet; thence North 01 Degrees 16 Minutes West 200.00 feet; thence West 200.66 feet to the point of beginning, containing 0.92 of an acre, more or less.

Except: that part of the West side of the Northwest Quarter of Section 15, Township 28 North, Range 3 West in Liberty Township, White County, Indiana, described by:

Commencing at the Northwest corner of the above said Section 15; thence South 88 Degrees 49 Minutes East along the Section line 1220.95 feet; thence South 01 Degrees 08 Minutes 30 Seconds East 344.13 feet to the point of beginning; thence South 01 Degrees 08 minutes 30 Seconds East 100.00 feet; thence East 200.88 feet; thence North 01 Degree 16 Minutes West 100.00 feet; thence West 200.66 feet to the point of beginning, containing 0.46 of an acre, more or less.

COMMON DESCRIPTION: The property is located West of Buffalo at 8885 N. Kiger Drive.

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.




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#2301 Richard M. Singer, Owner; Quality Homes, Cindy Lear, Applicant: The property is located on .08 of an acre, more or less and .18 of an acre, more or less, West of Lowe’s Bridge at 3814 E. Bailey Road.

Violation: None

Request: They are requesting a 23’ front setback variance to put a new home on the property.

President Jerry Thompson asked, sir you are?

Rich Singer stated, I’m Rich Singer.

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

Rich Singer stated, this trailer that I’m replacing is very old and worn out. This will add to the neighborhood.

President Jerry Thompson asked, Diann do you have anything?

Director Weaver stated, no, I have not heard anything from any of the neighbors. You do have pictures.

President Jerry Thompson asked, is there anyone here who cares to address the variance either for or against? Questions or concerns from the board for Mr. Singer?

Carol Stradling asked, will it be a modular home?

Rich Singer stated, yes.

Carol Stradling asked, you have the plans and everything so you no it will fit and everything.

Rich Singer stated, yes, she turned in a drawing. It is a survey.

Attorney Altman asked, is it single story?

Rich Singer stated, yes.

Attorney Altman asked, is it hooked to the new sewer system?

Rich Singer stated, yes.

Attorney Altman asked, how many bedrooms are there?

Rich Singer stated, 3 bedrooms.

President Jerry Thompson asked, is there anything else Carol, Gary, Dave, and Dave?

David Stimmel stated, in one of the pictures there is 3 mobile homes in the left bottom picture. Are those all on the same property?

Director Weaver stated, the one on the right is a travel trailer. The one on the left is the neighbor’s mobile home.

David Stimmel stated, okay, I got it.

President Jerry Thompson asked, is there anymore discussion?

Director Weaver stated, I have one more. Has the lot been staked?

Rich Singer stated, yes.

Director Weaver stated, I didn’t see any stakes when I was out there. I could see a problem brewing with the fact that with it being on the curve. I’m just concerned with you knowing where your property lines are to set the home, so we don’t have a problem later.

President Jerry Thompson asked, is there anymore discussion? Are we ready to vote?

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 23’ front setback variance to put a new home on A tract of land located in the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section Thirty One (31), Township Twenty Eight (28) North ,Range Three (3) West in Monon Township, White County, Indiana, and described more fully as follows: Beginning at a point which is South One Degree and Thirteen Minutes East (S 1º 13’ E) Two Hundred Six and Four Hundredths (206.04) Feet and North Ninety Degrees East (N 90º E) Two Hundred Thirty Two and Sixty Six Hundredths (232.66) Feet from the Northwest corner of the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of the above said Section Thirty One (31) and running thence North Ninety Degrees East (N 90º E) Forty (40) feet; thence South Zero Degrees East (S 0º E) Sixty Nine and Forty Seven Hundredths (69.47) Feet; thence South Fifty One Degrees and Sixteen Minutes West (S 51º 16’ W) Fifty One and Twenty Seven Hundredths (51.27) feet; thence North Zero Degrees East (N 0º E) One Hundred One and Fifty Five Hundredths (101.55) feet to the point of beginning, containing Eight Hundredths (.08) of an acre, more or less.

Also, a tract of land located in the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section Thirty One (31), Township Twenty Eight (28) North, Range Three (3) West in Monon Township, White County, Indiana, and described more fully as follows: Beginning at a point which is South One Degree and Thirteen Minutes East (S 1º 13’ E) Two Hundred Six and Four Hundredths (206.04) feet and North Ninety Degrees East (N 90º E) One Hundred Seventy Two and Sixty Six Hundredths (172.66) feet from the Northwest Corner of the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of the above said Section Thirty One (31) and running thence North Ninety Degrees East (N 90º E) Sixty (60) feet; thence South Zero Degrees East (S 0º E) One Hundred One and Fifty Five Hundredths (101.55) feet; thence South Forty Four Degrees and Forty Eight Minutes West (S 44º 48’ W) Eighty Five and Fifteen Hundredths (85.15) feet; thence North Zero Degrees East (N 0º E) One Hundred Sixty Two (162) Feet to the point of beginning, containing Eighteen Hundredths of an acre, more or less.

COMMON DESCRIPTION: The property is located West of Lowe’s Bridge at 3814 E. Bailey Road.

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

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

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#2302 Dwayne Starostka; The property is located on .25 of an acre, South of Lowe’s Bridge at 3928 N. Dolby Court.

Violation: None

Request: He is requesting a 5’ side setback variance to build an addition onto the existing boathouse.

President Jerry Thompson asked, you are sir?


Dwayne Starostka, stated, I’m the owner, Dwayne Starostka.


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


Dwayne Starostka stated, the reason it is laid out the way it is, is so I can still put two cars in the driveway. There is no where else to park and I can still have access to the one car garage. It is like a straight shot, if I move it over, you wouldn’t be able to get to the back of the house.


Director Weaver stated, you do have some information that I have given you tonight. We have received a letter from the SFLECC that you have. I’ve given you a drawing that he had submitted for his building permit prior to knowing he had to have the variance. If you look at the drawing it shows a septic tank on there. When I saw this I was pretty concerned about that. The next item that you have I contacted the Health Department regarding the septic tank. I have not gotten a response back from the Health Department. He has been out of the office and not been able to get back to me regarding this.


Dwayne Starostka stated, the septic is 4’ from the front of the garage. I didn’t build over it. We have 4’ probably almost 5’ of distance.


Attorney Altman stated, but you are driving over it.


Dwayne Starostka stated, I’ve been driving over it for 30 years.


Attorney Altman stated, we are talking about the variance.


Dwayne Starostka stated, well we are going on the sewer, so we will re-route that and fill it in.


President Jerry Thompson asked, is there anyone here who cares to address this? Yes


Jan Conwell stated, my name is Jan Conwell and I live at the far end of Dolby Court. There are 10 homeowners down there that are homeowners association because we own some adjoining property. This is a private road and we have had problems with the road. Mr. Starostka and his wife have been very good neighbors and we have no problems with his building a garage. We are concerned about the drainage. Because the, well for one thing it has a flowing well. The well runs over all winter when he is not using any water and so the water goes out onto the road and now we have pot holes all along the road there because it has flooded all winter. With him building more concrete on this lot, there is no place for the water to get to the lake. There is suppose to be a place for the water to get to the lake, but it doesn’t seem to work.


Dwayne Starostka asked, did you see the drainage tile that I put along the side.


Jan Conwell stated, yes, but you ran the water over on to the easement next to you, not to the lake.


Dwayne Starostka stated, there is a pipe that runs down through there. Right, that water when it comes from the street, if you following the sidewalk, the sidewalk is tapered like this and it runs along there and then there is a manhole cover that someone put in I don’t know how long ago. The guy across the street Bill put it in.


Jan Conwell stated, well it doesn’t work.


Dwayne Starostka stated, well that it because it gets clogged up with dirt and everything, gravel, and if you notice I do go over and I clean it out, when ever I’m in town.


Jan Conwell stated, you have a 4” corrugated black pipe coming out of your foundation over on to the easement and you have a garden hose….


Dwayne Starostka stated, that is for…


Attorney Altman stated, just one talk at a time.


Jan Conwell stated, I have no problem with him building the garage, and none of the other property owners have a problem with the garage. We just want to make sure that he addresses the drainage problem that it is going to create.


President Jerry Thompson stated, all right.


Attorney Altman stated, tell us where the flowing well is.


Dwayne Starostka stated, the well would be approximately right here in this corner. (he is pointing it out on the survey). I wasn’t aware myself until this past winter, when I came up here and I saw the frozen. I thought what happen was because there is a heat lamp in there, and the electric went off and it froze up and it was pumping out. We corrected that. I share a well with Larry next door, and we corrected that problem and I think it is fixed.


Attorney Altman asked, this is the northwest corner of your lot?


Dwayne Starostka stated, yes.


Attorney Altman stated, natural flowing well.


David Stimmel stated, East or northeast.


Dwayne Starostka stated, no it is not a natural flowing well, it has a pump. What happened is the electricity went out. There is a hose, pressurized pump and my cottage also froze and that is why I had to dig up and get underneath the house, so all of the water that she saw frozen in the driveway this year, that was from my house because all the pipes froze.


Jan Conwell stated, water shoots out of that well right onto the road in the wintertime. When you are not using any water or Mr. Vores isn’t using any water.


Dwayne Starostka stated, yes we have it on a breaker now, we shut it off completely now.


Jan Conwell stated, well there is another flow or something because it just floods the road.


Dwayne Starostka stated, we shut the water off now when we are not up there, so there is no problem with that. A lot of the water came from when the pipes froze underneath the house and it flooded the whole driveway. That was like 80% of the problem. I corrected that.


Jan Conwell stated, we have always had a problem with water standing on the road there. The problem is the more concrete you pour the less water is getting away from there.


Dwayne Starostka stated, I understand what you are saying, but the street is up a higher than my property. The sidewalk going along the whole side of my house acts like a gutter and drains to the lake. When that fills up with leaves and stuff, if I’m not up there that is what happens and it over flows and it fills up and that is from rain water, snow melting and everything else. I clean it out every time I go up there. That is what most of the problem is too.


Jan Conwell stated, where…


Dwayne Starostka stated, right where the telephone pole is.


Jan Conwell stated, I know that…


Dwayne Starostka stated, the 4” drain tile there is just for, I put the 4” in drain tile for my gutter for the garage, there is no water coming out of that. The only time that would have a little bit of water and that wouldn’t even go towards the street. That would go straight down to the lake. It is probably about 2’ below the street level.


Jan Conwell stated, but you are running all of your water over on to that easement.


Dwayne Starostka stated, the easement is grass, it is going to take up the water.


Jan Conwell stated, it is already washed out by the lake, I compliment you on……


Dwayne Starostka stated, I also repaired the whole wall back there. I dug it out and poured concrete to keep that from happening.


President Jerry Thompson stated, just a second. Diann do you have something.


Director Weaver stated, I was just going to comment it doesn’t look like the tile is on his own property. It looks like it is on the easement.


Dwayne Starostka stated, well I haven’t cut that off yet. The tile, there is about a 1’ hanging. It is just corrugated black drain tile. That is just one piece that goes right in front of the garage. It is to pick up the water. The reason for underneath the house was when the pipes all froze and broke, I had to pump the water out. That doesn’t pump water there is no electricity hooked up to it. I only used that to pump the water out of the house to work on the pipes.


Jan Conwell stated, is there any reason why you can’t pump some of this water to the lake instead of pumping it on the other property.


Dwayne Starostka stated, the only time any water would possibly come is if it rain and it is only going to be one gutter hooked up from the garage, that would be the only water coming out of there. That would be it. I’m not feeding any other water or anything.


President Jerry Thompson stated, ma’am if you are uncomfortable about it and you think there is a better solution this is the time to say it.


Jan Conwell stated, I would like to see him have an overflow on the well and run it through his property to the lake.


Dwayne Starostka stated, there should be no more problems with the overflow, the reason it happened was because the heat lamp failed. We just figured that out this winter.


Jan Conwell stated, oh well, if you come up in the winter time I live there year around and every winter there is ice down there because the water just flows out of that well. I know you have had Murray out a couple of times in the winter to try to get it to stop. I know you are aware of it. We have tried to make you aware of it. I have talked to you.


Dwayne Starostka stated, that is why we turn the power off in the winter and it should solve the problem.


David Scott asked, who owns this easement?


Dwayne Starostka stated, it is not the associations. It was a lady.


Jan Conwell stated, (can not understand her)


Dwayne Starostka stated, on the tax record was a lady who owns it and died and it was never assumed by anybody.


Jan Conwell stated, on the tax record my son owns one lot and Dave owns two lots and Marv Scherer owns one lot. I think David McClain owns a lot. They all have access to that easement.


Dwayne Starostka stated, on the county records down stairs it says they are deceased and no one is being taxed on it.


Several talking at once.


President Jerry Thompson asked, Jerry do you have anything.


Attorney Altman stated, I’m concerned about the drainage here. The tile doesn’t show on the survey.


Dwayne Starostka stated, the tile was put in the easement.


Attorney Altman stated, I understand, but it doesn’t show on the survey and it probably should. The well doesn’t show on the survey and it should. It is a concern being a half of foot from the lot line. If we decided to do this there would be a firewall required. It is real close. We do have a deck and part of the building that is on that is not on this lot. It is into I presume SFLECC property. I didn’t see where they were granted the right to encroach there for that property.


Dwayne Starostka stated, they sent over a letter saying that they had no problem with the objections of building.


Attorney Altman stated, it says on the garage, but that doesn’t give consent to have the deck and present building, the 22’ building on the SFLECC property.


President Jerry Thompson stated, Diann.


Director Weaver stated, I have concerns with the septic system. I don’t work in the health department and my understanding is the building is supposed to be 10’ from any part of the septic system.


David Scott stated, my concern is, do you know where the leach bed is.


Dwayne Starostka stated, from my understanding from when I purchased the house, the entire driveway is the leach field. I take it; it goes into the front. I have no idea.


Director Weaver stated, I also have another item that I would like to bring up and that is the shed on top of the boathouse. I have been told that this is a new structure. When I went out there, it does look like there is quite a bit of new on there.


Dwayne Starostka stated, I re-sided it and put a new door and new roof on it.


Director Weaver stated, there are new windows in it.


Dwayne Starostka stated, yes, I said new windows, door, and roof. That was all, it has been there since I bought the place…


Director Weaver asked, how much did you leave up? Are the walls new?


Dwayne Starostka stated, some of the walls are new.


Director Weaver asked, did you reconstruct it more than 50%?


Dwayne Starostka stated, I would say it is right about there. I didn’t know there was because it was an existing shed. What I did, I flip-flopped the door. It used to have two big barn doors towards the street and I took the two barn doors off and put a single door on the back. Instead of walking in the back yard I come in to the driveway and put stuff into the shed. As far as with the water, that was a big problem because we had the heat lamp broke and the pipe froze and my house also froze so it pushed all of the water from underneath there. That is, my seawall where it was corroded for the last 6 years or 8 years. I went down there and dug it all out and re-barred it and new concrete it all in so it wouldn’t deteriorate anymore. I did that at my own expense. I’m not trying to damage any property or cause any more problems to any of the neighbors. The neighbor next door to me (King), between the easement was happy as could be. He was all for it. I cut that. I’m the one who cuts that every year. I cut it every week or when I’m down here.


They are arguing over who cuts the grass next to Starostka. This between Jan and Dwayne.


President Jerry Thompson stated, we need some more discussion on this and everyone needs to take a deep breath. To the board, what are your feelings? Do you have enough information to make a decision, or do you want more.


David Scott asked, are they going out there with the sewer system?


Dwayne Starostka stated, yes it will…


President Jerry Thompson stated, sir, he is talking to Diann.


Director Weaver stated, yes I believe he is on the next phase. That is my understanding. I don’t have that documentation in my office, so I can not tell you for sure.


President Jerry Thompson stated, discussion among the board. What are your thoughts here?


Carol Stradling stated, who would have a definitive answer on that well and the solutions there. If he has had Murray there like you suggested and the problem has been on going.


Dwayne Starostka stated, if the problem arises again it will be taken care of. We turn off the power and we address.


President Jerry Thompson stated, we understand that. Jerry?


Attorney Altman stated, I suggest that we get something from Mr. Murray. Get a report from him about the problem. It would be a start. Somebody who knows what is there and what happens and what he had to do. Otherwise, we have he said, she said here.


Carol Stradling asked, are you under any time constraints?


Dwayne Starostka stated, I would like to build it next week if I could, I have a few of my guys were going to come down for Memorial day weekend, and stay a couple of days and build it.


As far as the water problem with it leaking, we put in a new baffle and new valves so I think, it hasn’t been leaking and plus we turn off the power.


Carol Stradling stated, I don’t know anything about the wells, what you are saying sounds right to me and I don’t know if it is a solution or not. It would be good for me to hear that from some body who knows what is going on.


Dwayne Starostka stated…


President Jerry Thompson stated, sir we are having a discussion here and you will have your turn. Dave you wanted to say something.


David Scott stated, I was just wondering if you would feel better about it if he re-routed the guttering off of the easement.


Jan Conwell stated, if it is just a gutter, I’m not concerned about a gutter. I’m concerned about the well because you say that you turn your power off and it is not going to come on, but Mr. Moore shares your well and he comes up several times in the winter and turns it on.


Dwayne Starostka stated, yes, when he comes up on the weekend he turns it on and when he leaves he turns it off.


Jan Conwell stated, if he turns it on it is going to your house too and if your house freezes up…


Dwayne Starostka stated, no we put valves in there now. I shut off the water so it can’t freeze my pipes if we have problems.


Attorney Altman asked, Mr. Murray put these shut off valves on?


Dwayne Starostka stated, no I put the shut off valves on when I did the work underneath the house. Now I turn off the water and this way.


President Jerry Thompson stated, okay Gary what do you have to add to this.


Gary Barbour stated, nothing.


Jan Conwell stated, I have no problem with the garage…


President Jerry Thompson stated, I understand.


Dwayne Starostka stated, but the water problem should be


President Jerry Thompson stated, sir.


Dwayne Starostka stated, the problem should be taken care of that is why I put the valves in to shut it off just in case it broke and I’m not up there.


President Jerry Thompson stated, sir we understand that. Just hold tight a second and I’m not going to ask you again. David Stimmel?


David Stimmel stated, the drain that I see in the picture Diann. What is it draining? Is it draining off, he doesn’t look like it is draining off of his property, it looks like it is draining off of the road. Is that correct.


Dwayne Starostka stated, that is the drain that fills up with the leaves.


President Jerry Thompson stated, sir he is talking to Carol. We will call on you.


David Stimmel stated, is it a drain in the road?


Dwayne Starostka stated, yes.


David Stimmel asked, where is the well on his property, the North end of the property.


David Scott asked, is it on these pictures?


Dwayne Starostka stated, you can’t see it from here, but the well is here and the well is 4’ past here. It is like about 2’ or 3’ behind the sidewalk. The sidewalk is the highest point of the yard. It tapers this way and the water runs down and hits this and that is why I walked over here to show you the sewer cap here. That water all runs down here, you can see from the picture and the street comes here and it runs right into this. If this gets clogged up, see the debris there right now. That is the problem you have, the drain gets clogged up and you have standing water. I do clean it every time I come up. I sweep it up. I do, do that.


President Jerry Thompson asked, what is the board wishes, do we want a little more information on this or do we have enough to act on it?


Carol Stradling stated, if he did the work on the well, then getting Murray in wouldn’t make any difference.


Attorney Altman stated, he said he had Mr. Murray do it and that is why I was suggesting Mr. Murray, but if he did it then no Mr. Murray isn’t going to know.


Dwayne Starostka stated, he put the baffle tank you know for pressure, the blue tank because it went bad when everything froze in there. The water from that line to mine I have a shut off valve now, so I turn it off. This way I’m not going to have Lake Michigan anymore. It ran probably for a month. No one told me until I went up there and the water was coming from underneath the house and everything. It wrecked the bathroom floor and I had to fix it up.


Director Weaver stated, I have a concern about the request isn’t even proper because we didn’t request anything on the shed that is on top of the boathouse. At the time that he applied it was my understanding that was an existing structure. The way the ordinance reads when you improve something more than 50% then it has to be in compliance.


David Stimmel stated, what I’m concerned about is how much stone and concrete, new structure I see, and where is that water going to go. Apparently to that storm drain. I don’t see any other place it can go, according to the pictures.


Dwayne Starostka stated, any water that, if you are standing here, this is the sidewalk, and the street and it goes like this and it meets like this. My yard goes like this. So any water would come up from the street would have to come up 2 or 3 inches on the sidewalk. That is why it all goes down to that man cover. The problem isn’t going to come up from the well and go that way, it comes down along the front of my house and it came out the side of the house, when the pipes froze and broke.


President Jerry Thompson stated, Dave Scott?


David Scott stated, I’m going to ask the same questions, I didn’t understand. Was there an existing building here?


Dwayne Starostka stated, yes.


David Scott asked, and you sided it, and put windows in it and finished the doors.


Dwayne Starostka stated, yes.


Director Weaver stated, the pitch of the roof too.


David Scott stated, and the pitch of the roof.


Dwayne Starostka stated, yes, it had the barn style roof and the shingles were off and I put a regular gable on it. I actually made it shorter not taller.


Director Weaver stated, yes, but you did it with out a permit.


Dwayne Starostka stated, I wasn’t aware you needed a permit.


Attorney Altman stated, oh come on.


Dwayne Starostka stated, I’m being honest, I didn’t think you needed a to do for a shed, I didn’t think you needed it for a shed.


Attorney Altman asked, where are you from?


Dwayne Starostka stated, Chicago.


Attorney Altman stated, and you don’t need a permit for a shed in Chicago.


Dwayne Starostka stated, they didn’t start issuing permits for shed up until the last 3 years and it is only certain townships.


Attorney Altman stated, you did this just recently and you didn’t think that you needed a permit. Come on.


Dwayne Starostka stated, I apologize for that.


Attorney Altman stated, I think he needs to have this full petition reviewed and the petition done like you said Diann. If he has done what he has done to that shed, we don’t have a full and correct petition. I agree with you.


President Jerry Thompson stated, basically re-advertise.


Attorney Altman stated, a petition that ask for what he needs on all of it. Then re-advertise it. He needs to amend the petition and re-advertise accordingly. I certainly would get more information about the well and water. Pictures of valves and some water to get that water through his lot into the lake. I think that is what the neighbors want and I see it as a problem.


President Jerry Thompson asked, ma’am you are representing 4 or 5 others.


Jan Conwell stated, where I live the South end of the road. We share the road and maintain the road.


President Jerry Thompson asked, do you understand what our Attorney is asking of you? Why don’t you meet with Diann and let's clear this up and simplify it. Is that agreeable to you?


Dwayne Starostka stated, yes sir.


President Jerry Thompson asked, is there a point in tabling it?


Director Weaver stated, yes, you can table it and we can re-advertise with the new filing fee.


Attorney Altman stated, he doesn’t need a new filing, he just has to have a new application and a new advertisement.


David Stimmel stated, is there any way to address the drainage issue. There look like so much stone and concrete in front of that towards that.


Attorney Altman stated, that is why I’m suggesting it.


David Stimmel asked, can he address that?


Director Weaver stated, you can request that he give us something to tell us how he is going to address that.


Dwayne Starostka stated, as far as addressing it.


Attorney Altman stated, you need to have a plan to take it through the property.


Dwayne Starostka stated, the only problem I have is the one I jus tied to the gutter it just runs into my back yard. That is the only reason I put that there. I can disconnect that.


President Jerry Thompson stated, that is something that you and Diann can get worked out where it is easier to present the next time around. Okay let's do that.


Dwayne Starostka stated, so we go before the board another 30 days from now.


President Jerry Thompson stated, yes. Is it agreeable with you to table it.


Dwayne Starostka stated, yes, there is nothing else to do.


President Jerry Thompson stated, I think that is your safest bet.


Dwayne Starostka stated, that is fine.


President Jerry Thompson stated, okay variance #2302 is table for now until announced time. It won’t be May but June 17, 2004.


****

#2303 White County Rural Electric Membership Corp; The property is located on 17.966 acres, in the City of Monticello at 302 N. Sixth Street.

Violation: None

Request: They are requesting a special exception to place a 198’ tower at their new headquarters.

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

Randy Price stated, yes, I’m Randy Price and I’m the Technical Service Manager at REMC.

President Jerry Thompson stated, I’m a stickler for this. I’m not being ornery about this. Were you aware about this, as far as him speaking for REMC?

Director Weaver stated, yes, Randy is who we have been working with.

President Jerry Thompson stated, we don’t know you and.

Randy Price stated, okay.

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

Randy Price stated, there are a few things in addition to what information that I had provided you and I’m not sure if you would like to have that to help with any decisions. I did go before the City Council since we are within the city limits on Monday evening. They gave me permission to go forward on it as long as we make it through this portion of it and to get the building permit. I do have the minutes from that meeting if you need those to make a decision. I also have a memo that I created for the City Council to better address some of the ordinances that we have to comply to. I brought copies of those also if you want to see them.

Attorney Altman stated, yes we would like those copies.

Randy Price asked, do you just want me to pass out copies to each one of you?

Attorney Altman stated, yes please.

Randy Price stated, as you see in the memo I tried to address why we have a state release for the tower and the amount of effort we have made to make sure we choose a good location and that we could truly justify building the tower. Not only do I have to answer to the community, but we have the membership that I’m spending their money and it is very important that I be thorough about what I’m doing. Yes some of you are members. It is very important that I can justify the expense. This is great deal of money here. And I want to make sure that we had the need before we move forward on it.

Attorney Altman asked, will you highlight some of your letter dated May 11?

Randy Price stated, obvious the 2nd paragraph touches on who we are and you will notice in the last sentence it goes into a description of the type of tower we are going to have. It is the galvanized which is obviously we were permitted to by the FAA, which was great because it help keep our cost down. If we would have had to paint it, obviously that is something you got to do maintenance on. We were glad we did not have to go with the painted one. The lighting was another issue, we approached the FAA for a particular height. We originally went with 199’. I received a letter back from the representative from the FAA. They told me that if I could drop it down to 198’ I could get away without even lighting it. I just dropped it one foot. I was amazed that is all it took was 12” to do it. In the height of that tower we are not talking about the actually physical height of the steel structure that can exceed the 198’. We are talking about even with the attachment. We have to comply with the attachments. The particular height that we chose we serve areas as far as Round Grove and South of Round Grove and as far to Winamac, Francesville, so obviously our territory has to be it is a line of site application. It is important that we have a safe height where we can reach these locations. The reason that we have to do that with a supervised control thing, the reason that is important from the office or from my home after we do some system improvements this summer. I would be able to turn off and turn on lights from my home via the internet. By this tower being there, it gives me the ability to communicate with these remote locations, which means reduced outage time and better power quality for the membership.

Carol Stradling stated, when you mean turn on lights, you mean restoring power.

Randy Price stated, restoring power, yes. It would be, it is something that we take extreme pride within a coop. I just came back from spending several weeks in training out West. The co-op’s that were out there in training, they all brag about how many outages hours they had. Some of those things will really help your company run efficiently. Our company runs rather lean. We do our job quite well. This would help us to continue to do that, which obviously we are aware of the rates. Our rates are the lowest rates in the area. This is why. The particular company that we choose to do the construction with, is J & K. It is important to us that we only do this once. This company has a great reputation within the Rural Electric. They are use to working with the Board of Directors and making decisions for other. I may be skimming too fast, so if you have some questions that I’m missing. The FAA approval, you should have seen that in your documentation, which they gave us to build at these coordinates. We did check those coordinates twice to make sure we had not made any errors. We used a GPS devise to do that. We had Mr. Milligan do the surveying, so the location should be fairly accurate. Part of the ordinance, it talked about when a tower is erected I think part of the concern is we don’t have a gazillion towers all over our community. I guess my interpretation of the ordinance was that you know it is nice that you can put more than one antenna or individual or company on a tower.
We intentionally engineered this tower so that we can put more equipment on it, so that other people, companies, or government agencies can attach to it. I did make the effort to contact the County to let them know that we did have extra space. I spoke to the sheriff and Mr. Cochran too. He is aware someday, that if the relationship did not work out well with Sprint that they would have an option to approach us. We do have a contract that is hinging on whether or not approval tonight with the school system to move forward with that. Without a new two-way radio system we would be able to work on an agreement with them. I have been working with their representative Kevin Wheeldon on that. The G & T I spoke of, I don’t know if you are familiar with it, you know when you have heard of the black outs that took place out East, the people who controlled the big light switches, that knocked the states off. Those are generation transmission companies that are responsible for those areas. We are a part of the cooperative, a rural cooperative G & T. What we do we all, there is 30 Coops and we pull our resources together and we buy power at a cheaper rate. What they do is they use our tower to help turn off the water heater switches. You turn off the water heaters to reduce the load on our system. This helps us tremendously. Then towards the end I did mention that our lending institution are going to create some new worlds for us. We are an electric utility, we are going to have to comply with certain Federal laws. The homeland security, some of these things are coming into play with the electric utility system. We already have some of our neighboring coops, one in Jasper County they have already gone to the effort to redesign their control center. That where the computer lie and have the ability to turn off the power at substations. We have to go to extra efforts to secure the safety of that equipment. This tower is being erected inside a fenced area. We have taken a great deal of effort to make sure that this is secure thing, that no vandalism would cause it to be no danger to anybody.

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

Attorney Altman stated, the tower that is down town, will it be taken down?

Randy Price stated, no we have a couple of parties that are interested in the building and both would have the need for it. Both parties are local companies, so it would help fuel the economy by helping out those two companies. They wouldn’t have to go through all of the painful things of getting a tower built. The other things to validate also why we can’t use that tower or share it. We really have to depend on a tremendous amount of liability on this tower. We are going to a lot of effort to put generation at this new facility with automatic switch gear to make sure we can meet these needs. This tower here, the new person that would own this tower, they will have to remove our equipment because that tower is at 100% capacity. We really can’t do much more with it.

President Jerry Thompson asked, Diann do you have anything?

Director Weaver stated, no I do not.

Carol Stradling stated, I was looking at the drawing that you have, there is a 10’ ice bridge. So this is connected to the building?

Randy Price stated, yes it is, actually audio cables come in underneath the bridge. That way any of the ice that comes off of the tower will not damage the cables. They are easily damaged.

Carol Stradling stated, so it is not a bridge for people to cross, okay, it is to keep the ice off.

Randy Price stated, it didn’t make sense to me the first time I heard it. Because of, I included an analysis of the soil also. The reason I did that was because I wanted to make sure we went to the extra effort to make sure that if the foundation needed any additional work, that we took care of that. I have built a couple of houses and that is one place I didn’t skimp, was the foundation because who have heard horror stories, I took this one as just as serious. It did cause my cost to go up almost $2,000, which I hated.

President Jerry Thompson asked, Gary do you have anything? David Scott?

David Scott asked, just for information, who regulates where towers can go? What keeps companies from putting 5 towers right next to each other.

Randy Price stated, well the FAA would have to get permission to build them over 100’. Diann do you know?

Director Weaver stated, no I do not.

David Scott stated, we issued one for the school not too long ago.

Director Weaver stated, we issued one you can see in the pictures, well maybe not.

President Jerry Thompson stated, there is one behind Hardebecks.

Director Weaver stated, there is one back on Hanawalt Road, that is not too far from here. It has the Sheriff’s, the main reason it was up is for the Sheriff.

Randy Price stated, okay I thought the Sheriff’s blew down a few years ago.

Director Weaver stated, they replaced it.

Randy Price stated, oh did they. Okay.

David Scott stated, somebody does regulate that though.

Randy Price stated, well you have the FAA and FCC. The FAA will determine whether or not if the tower will be any risk to the Aviation. We are in a glide plain where we are at. We took that very serious making sure that we went through all of this stuff to get permission. The FCC they regulate the frequency and where they are put. With the tower situation, if you put several close together, the bad thing there is some frequencies cancel each other out. That is not good at all. There are rules and there are rules in this ordinance that if I caused a problem with my frequency with mine interfering with another I have to deal with it immediately. I have agreed to that.

President Jerry Thompson asked, David Stimmel do you have anything?

David Stimmel stated, no.

Without further discussion the board voted.

The Board finds the following:

1. That the building site is properly zoned I-1, Light Industrial.

2. That the lot is a 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 special exception to place a 198’ tower at their new headquarters on that part of the East Half of the Northeast Quarter of Section 32, Township 27 North, Range 3 West in the City of Monticello, Union Township, White County, Indiana described by:

Commencing at the Southeast Corner of the Northeast Quarter of said Section 32, thence North 2 Degrees 15 Minutes 00 Seconds West (N 2º 15’ 00” W) (Deed Bearing) along Sixth Street and the Section Line 512.86 feet to the point of beginning;

Thence South 88 Degrees 31 Minutes 00 Seconds West (S 88º 31’ 00” W) 770.00 feet to a ½ inch iron pipe; thence North 2 Degrees 15 Minutes 00 Seconds West (N 2º 15’ 00” W) 1032.93 feet to a PK nail set in a tree on the South R/W of the TP&W Railroad; thence along said R/W South 89 Degrees 02 Minutes 11 Seconds East (S 89º 02’ 11” E)771.14 feet to the Section Line; thence South 2 Degrees 15 Minutes 00 Seconds East (S 2º 15’ 00” E) along Sixth Street and the Section Line 1000.00 feet to the point of beginning; said described tract containing 17.966 acres, more or less.

COMMON DESCRIPTION: The property is located in the City of Monticello at 302 N. Sixth Street.


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

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

****

#2304 Eric W. & Brenda L. Buehler; The property is located on .39 of an acre, more or less, South of Monticello at 5986 E. Pierce Road.

Violation: None

Request: They are requesting a 23’ front setback variance to build a detached garage.

President Jerry Thompson asked, you are?

Eric Buehler stated, I’m Eric Buehler.

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

Eric Buehler stated, I think I have an updated survey. I had Milligan come out and do the 100 year flood. I told Diann I was doing that. I don’t know if he brought it over or not, I just picked it up today.

President Jerry Thompson asked, Diann do you have anything on this?

Director Weaver stated, the information that I provided for you tonight there is a letter from the SFLECC regarding this property.

Attorney Altman stated, we are accepting in to record a survey by James Milligan showing the 100 year flood elevation at 217 the proposed garage floor elevation at 217.2

Director Weaver stated, 617.

Attorney Altman stated, 617 that is right. Then we have a letter from SFLECC dated May 18, 2004. SFLECC has requested by Mr. Eric Buehler on parcel commonly known as 5986 E Pierce Road, Monticello, Indiana. To make a statement regarding his desired variance. It is our understanding that Mr. Buehler desires to place a 24’ x 36’ garage only 9’ as closes to SFLECC property. With this understanding of his request SFLECC would not have an objection of MR. Buehler’s requested variance.

Director Weaver stated, I would like to point out that the survey Mr. Buehler just gave you is showing that he is actually bumping the garage back away from SFLECC line towards the road. The 5’ if that is from the eave is meeting the required setback for the rear. It is not requiring anymore of a variance.

Carol Stradling stated, it says at the top that there is 18” over change.

Eric Buehler stated, I think that is a misspelling.

Carol Stradling stated, overhang. Okay I thought that was what it was.

Eric Buehler stated, I mentioned to them that the numbers to added up and didn’t account for the overhang there.

President Jerry Thompson asked, is there anyone who would like to address the variance either for or against? No response from anyone.

Director Weaver stated, no.

President Jerry Thompson asked, Jerry do you have anything?

Attorney Altman stated, single story garage.

Eric Buehler stated, yes.

President Jerry Thompson asked, Dave Stimmel, Dave Scott, Gary and Carol anything?

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 23’ front setback variance to build a detached garage on a tract of land laying in part of the Southeast Quarter (1/4) of the Northeast Quarter (1/4) of Section Twenty-one (21) in Township Twenty-six (26) North, and Range Three (3) West in Union Township, White County, Indiana, being more particularly described as follows: Beginning at a point which bears North 88º 45’ East 1869.70 feet and thence North 49º 33’ East 520.85 feet and thence North 89º 20’ East 174.65 feet from a stone marking the center of said Section Twenty-one (21), and running thence North 89º 20’ East along the South line of a Thirty (30) foot roadway for a distance of 184.70 feet; thence South 3º 00’ West 55.80 feet to the Northern Indiana Public Service Company line; thence due West along said Northern Indiana Public Service Company line (all bearings used in these description have been computed from this line) for a distance of 32.00 feet to monument (iron pipe) No. 316; thence South 55º 15’ West 173.00 feet; thence leaving said Public Service Company Line and running North 2º 44’ West 151.70 feet to the place of beginning, containing .39 of an acre, more or less.

COMMON DESCRIPTION: The property is located South of Monticello at 5986 E. Pierce Road

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

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

****

#2306 Joseph M. Vinci; The property is located on .073 of an acre, Tract 15, East of Lowe’s Bridge on the West side of the road between 6064 N. Harding Court and 6088 N. Harding Court.

Violation: None

Request: He is requesting a 30’ front setback variance from Harding Court and a 30’ front setback variance from the access drive to build a pole barn.


President Jerry Thompson asked, you are?


Joseph Vinci stated, I’m Joseph Vinci.


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


Joseph Vinci stated, other than thanking the board, Diann, and the girls in the office, Paula, Cindy and Carmen for their assistant of me getting this far. The paper work that I submitted I have one additional Golden Beach club the association that I belong there. I have a petition section of my neighboring owners all approving the structure and a couple of them even joked about what took me so long to do something like this on a back lot. I apologize for only having one copy of this. There are two additional signatures from my neighboring. I guess you call it a petition, my neighbors joked about it what took me so long. I’m just looking to have more personal storage.


President Jerry Thompson asked, Diann do you have any comments on this?


Director Weaver stated, no I have not received anything from any of the neighbors. My understanding is that the two sheds are going to be removed.


Joseph Vinci stated, tomorrow morning if…


President Jerry Thompson asked, Carol or Gary do you care to see this?


Carol Stradling stated, we have the same just minus two signatures.


Joseph Vinci stated, yes, it is just two additional. Six owners of the eleven tracts around me are aware of what I’m doing.


President Jerry Thompson asked, Jerry do you have anything?


Attorney Altman stated, the proposed addition of the building will be how tall?


Joseph Vinci stated, I’m going with a 9’ wall so a minimum pitch roof will put me at 13.5’ or 14’ tall. That is within a 1’, I originally was going to go with smaller doors.


David Scott asked, what side of the barn is your access doors going to be on?


Joseph Vinci stated, on the Harding Court side, which is the access if you look at Mr. Milligan’s survey, it says common area #1 that is actually Harding Court. There is going to be a double 16’ wide garage door on that side and then I’m putting in a 9’ wide on the other side for access to that side of it.


David Scott stated, I guess I’m looking at pictures and there is a red flag there. Is that the corner of the building. What I’m getting too is with 2’ off of the setback with that road right here, is that going to be a hazard getting in and out your….


Joseph Vinci stated, here is where I’m planning on putting the double door on this side here. Somewhere along this side I’m going to put the single door for easy access.


Director Weaver stated, the flags are markers for the corners of the building.


Joseph Vinci stated, yes the red flags if you see those, those are Mr. Milligan property markers and then I put up some stakes proposing.


David Scott stated, okay the flag is the actual survey and this other mark is….

This is just a commons area, not a chance of it becoming a road or anything.


Director Weaver stated, I don’t think so, it is pretty narrow.


Joseph Vinci stated, it is the golden beach club property, really Harding court, I don’t know if you would consider that county road or not. Before the 911 system went into place it was really Golden Beach Club property.


Director Weaver stated, I would say that it is a private road.


President Jerry Thompson asked, is there any other discussion?


Without further discussion the board voted.


The Board finds the following:


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


2. That the lot 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 30’ front setback variance from Harding Court and a 30’ front setback variance from the access drive to build a pole barn.
Tract II

Tract Number 15, as shown on the survey of a tract of land recorded in Miscellaneous Record 1981, at Page 1182, in the Office of the Recorder of White County, Indiana.

That part of the South Half of the South Half of Section 28, Township 28 North, Range 3 West, in Liberty Township, White County, Indiana, more fully described by: Basis of Bearings: Indiana State Plane Coordinate System – West Zone. Being a part of the land as described in Miscellaneous Book 1981, Page(s) 1182-1183, White County Recorder’s Office. Commencing at the Southwest Corner of the Southwest Quarter of the Southeast Quarter of said Section 28; thence North 89 Degrees 50 Minutes 57 Seconds East along the Section Line and the Centerline of County Road 600 North a distance of 310.96 feet; thence North 00 Degrees 09 Minutes 51 Seconds West a distance of 324.50 feet to the point of beginning; thence South 89 Degrees 50 Minutes 09 Seconds West a distance of 32.58 feet; thence North 60 Degrees 09 Minutes 51 Seconds West a distance of 43.20 feet; thence North 00 Degrees 09 Minutes 51 Seconds West a distance of 20.62 feet; thence North 74 Degrees 50 Minutes 09 Seconds East a distance of 72.47 feet; thence South 00 Degrees 09 Minutes 51 Seconds East a distance of 60.97 feet to the point of beginning containing 0.073 of an acre.


COMMON DESCRIPTION: The property is located East of Lowe’s Bridge on the West side of the road between 6064 N. Harding Court and 6088 N. Harding Court.


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

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


****

#2310 Jon D. & Angie J. Fletcher; The property is located on Lot 7 in Troeger’s Shore Acres, North of Monticello at 3380 N. Shore Acres Court.

Violation: None

Request: They are requesting a 26’ front setback variance and a 2’ North side setback variance to build an addition onto the existing home and to bring the home into compliance.

President Jerry Thompson asked, sir you are?


Jon Fletcher stated, I’m Jon David Fletcher.


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


Jon Fletcher stated, no.


President Jerry Thompson asked, Diann do you have anything?


Director Weaver stated, again with your information you do have a letter from SFLECC. He has presented plans of what the home is complete.


President Jerry Thompson asked, Jerry?


Attorney Altman stated, he read the letter from SFLECC into the minutes.


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

Carol do you have anything comments or questions.


Carol Stradling stated, I’m just trying to marry up the pictures that we had in our packet with the pictures that Diann took. The house is a different color, but that is because of the material and the siding has been taken off down to the blue.


Director Weaver stated, he has been issued a permit to do some small things to the home, that is why you do see some construction going on. We issued a permit for a room addition and a deck. Those are not violations.


President Jerry Thompson asked, Gary, Dave Scott, and Dave Stimmel? Jerry.


Attorney Altman asked, the room additions will correspond with the current home? Is it single story?


Jon Fletcher stated, originally it was single story and we are expanding it in the front 8’ and in the back we added a 4’ expansion. There would be a 2nd story that fits over the existing.


Attorney Altman stated, so it will be a 2 story.


Jon Fletcher stated, yes.


Attorney Altman asked, are you on septic or sewer?


Jon Fletcher stated, I’m on the septic, but they have staked the sewer system.


President Jerry Thompson asked, is there anything else, Jerry, Carol, Diann?


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 26’ front setback variance and a 2’ North side setback variance to build an addition onto the existing home and to bring the home into compliance on Lot 7 in Troeger’s Shore Acres in Liberty Township, White County, Indiana.

COMMON DESCRIPTION: The property is located North of Monticello at 3380 N. Shore Acres Court


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

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


****

President Jerry Thompson stated, okay new business. Diann is there anything for next week that we can discuss?


Director Weaver stated, yes, I don’t know if you have looked at your packets for next week, but there is a violation listed on that agenda for a property in Monon for rabbits. Jerry has informed me today that he has a conflict of interest. I wanted to bring this up to the board tonight so if the board chooses to have another attorney present at the meeting, we hopefully have time to do that.


President Jerry Thompson stated, so basically what you are saying that if we want representation we need to ask some one to set in for that.


Attorney Altman stated, correct.


President Jerry Thompson asked, how does that work? Does that give someone time to do the homework.


Attorney Altman stated, sure, if you ask tomorrow someone can get together.


President Jerry Thompson stated, so I guess the violation there will be debate.


Carol Stradling asked, can we get a little history of how this came about?


Director Weaver stated, I can not give you a whole lot of information on it. I don’t know if I can even give you any information.


Attorney Altman stated, actually you are not. Since it is a violation, it is a mere, I mean a violation to proceed on the merits of anything.


Carol Stradling stated, okay. So what we are discussing tonight is the fact that you can’t be our attorney next week for that. So do we need an attorney present? I guess that is what the questions is.


Attorney Altman stated, you can go in and review the file to get information about what is there. That is permitted.


David Stimmel stated, is it appropriate to ask what the conflict is?


Attorney Altman stated, you can asked, I just have a conflict with another client.


President Jerry Thompson asked, do you have a suggestion? It wouldn’t be right to ask him.


Attorney Altman stated, you can ask, you can ask Mr. Million, he is an experienced attorney locally that doesn’t have a, isn’t representing a government body. Who else locally.


President Jerry Thompson asked, how many chooses or selections do we need?


Attorney Altman stated, I’m just trying to think who else would be available.


Director Weaver stated, I have thought, I don’t know. I know Larry Dill has shown an interest in the office before.


President Jerry Thompson stated, Larry Dill.


Director Weaver stated, he is from the Wolcott area.


Carol Stradling stated, he was here on the cattle thing.


President Jerry Thompson stated, okay.


Attorney Altman stated, Lee Griffth may do, and maybe she has a conflict of interest or not. Larry Dill would be fine too. Those 3.


President jerry Thompson asked, how deep do we need to go.


Attorney Altman stated, I think 3 will do.


David Scott stated, is this going to get to a point where we are going to need legal counsel or might….


Attorney Altman stated, from my understanding on this one yes. You are going to have a crowd in here.


Gary Barbour stated, I thought it was going to be boring.


Director Weaver stated, it is first on your agenda.


President Jerry Thompson stated, okay what is the boards wish. Do you want to go with his suggestions?


Attorney Altman stated, if there is anyone else, please put them on the list, I’m just thinking of people who won’t have conflict and probably will take it.


David Stimmel stated, I would move that Diann move at her own discretion and find an appropriate…


Gary Barbour stated, I second that.


President Jerry Thompson stated, that sounds good. That is better than me asking and everybody looking at me and grins.


President Jerry Thompson stated, okay this has been moved and seconded. All those in favor signify by saying “aye” and all of those opposed?


Motion carried.


Carol Stradling stated, just so we are prepared. Where in the ordinance does it talk about that?


Attorney Altman stated, page 12.


Director Weaver stated, definition of a kennel and then go to the Webster Dictionary.


David Scott stated, is that what you would call a kennel raising rabbits.


Director Weaver stated, go to your Webster dictionary. I will read the definition of a kennel to you.


Attorney Altman stated, while he is looking that up. We did get a decision by Judge Smith that did allow the variance for the Indiana Beach. I don’t know if Diann has got that mailed out to everybody yet.


Director Weaver stated, definition of a kennel. Any premises or portion there on there of, on which more than 4 dogs, cats, or other household domestic animals. Those are the keys words right there. Over 4 months of age are kept or on which more then 2 such animals are maintained, board, bred, or cared for in return for remuneration or are kept for the purpose of sale.


David Stimmel stated, then can you also define domestic animal.


Director Weaver stated, domestic animal is defined in the Webster Dictionary. In my opinion a rabbit does fall in that.


Carol Stradling stated, if we don’t consider them domestic animals, they would be farm animals, which isn’t appropriate in town either.


Director Weaver stated, the Webster dictionary says a horse is domestic animal.


Attorney Altman stated, so then you have a kennel then Diann.


President Jerry Thompson stated, okay, any other discussions?


Director Weaver stated, yes, the yellow copies you got tonight, those are copies of approved amendments to the ordinance, so you have to put those in your books. If you flip on the backside it will tell you who has passed them and who hasn’t. I also sent you a copy of a proposed amendment on Off premises business signs that has been passed by the Area Plan Commission and as of right now has been passed by the County Commissioners. I also sent to you a proposed amendment for regulated amusement devices, this one is under, you will get another amendment, we are still working on it. I’m trying to keep you up to date.


Carol Stradling stated, I did give Jerry, there were some typos.


President Jerry Thompson asked, is there anything else Diann?


Director Weaver stated, I don’t think so.


Attorney Altman stated, Charlie has something.


Charles Mellon stated, that boy from Chicago is the one that started Dwayne’s World out there.

Carol Stradling stated, that is where I recognize him.


Charles Mellon stated, he sold out.


Director Weaver stated, he has it back.


David Stimmel stated, which one was that.


Several answered the drainage one.


President Jerry Thompson asked, is there anything else?


The meeting adjourned.

Respectfully submitted,

Gary Barbour, Secretary

Diann Weaver, Director

White County Area Plan Commission