Get Adobe Flash player

The White County Board of Zoning Appeals met on Thursday, October 21, 2004 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

Visitors attending were: Buck Stevenson, Barbara Morales, Cesar Morales, Carroll Conley, Shelby Conley, Jean Price, Michael Lane, Helen Claus, Andrew Claus, Eugene Broughton, Dino Antonelli, Troy Hartzler, Angie Hartzler, Dan Shields, and Wayne Kyle.

The meeting was called to order by President Jerry Thompson and roll call was taken. David Scott made a motion to dispense with reading and approve the minutes of the June 17, 2004 meeting. Motion was seconded by David Stimmel and carried unanimously. David Stimmel made a motion to dispense with reading and approve the minutes of the June 24 and July 15, 2004 meetings. Motion was seconded by David Scott and carried unanimously. Attorney Altman swore in all Board members and audience members.

****

#2353 Cesar G. & Barbara Ellen Morales; The property is located on .34 of an acre, North of Monticello at 3769 E. Ida Court. Tabled from the September 16, 2004 meeting.

Violation: None

Request: They are requesting a 12’ rear setback variance and a 6’ East side setback variance to build an attached garage onto the existing home.

President Jerry Thompson asked, anyone here representing the Morales?

Cesar Morales stated, I’m Cesar Morales.

President Jerry Thompson stated, thank you. Do you have anything extra to present for the time being other than what I read?

Cesar Morales stated, no I do not.

President Jerry Thompson stated, just stay handy here. Diann?

Director Weaver stated, I have additional information for the board. We did receive a couple of


letters from the property owners in the area. I have given a copy of those to the board members. I also did go out and take additional pictures of the property and you have a copy of. I printed a map off of our GIS system and labeled them with the owner’s names on them so when you look at the letters you will have an idea where the owners live. I also because of the letters that we received stating that this was a resort, did some research on the internet and you do have a copy of what I found on the internet where they are advertised as a resort. That is all I have, wait I take that back. I did receive some pictures this evening just before the meeting and I turned those over to Jerry Altman.

Attorney Altman stated, the board does not have a copy of those yet. I just marked those exhibits 1 – 6 and I will send them around the board to review. Does the board want me to read them or just except them as evidence?

President Jerry Thompson asked, what is the boards wishes, read aloud or?

Carol Stradling stated, I would like some time to read them, since we just got them.

Attorney Altman stated, I was just looking at this. First one received 10/21/04-dated 10/20/04. Attorney Altman proceeded to read to the board the letter received from Wayne & Janelle Kyle and J. Applegate and the letter received from Connie Denton.

President Jerry Thompson stated, just curious there is no signature.

Attorney Altman stated, no but the signature is up above. I was looking for that and I didn’t see it until I read it.

President Jerry Thompson stated, okay Diann this here is?

Director Weaver stated, that is what I got off of the Internet.

President Jerry Thompson stated, and.

Director Weaver stated, it is showing that they advertise it as a resort.

President Jerry Thompson stated, oh all right I see it now. Do you understand that board.

David Scott asked, what constitutes a resort in our ordinance?

Director Weaver stated, our ordinance does not define a resort, a resort does have to go in a B-2 zoning. That is on the schedule of uses, but there is no definition.

President Jerry Thompson asked, are the Applegate’s here?

Director Weaver stated, no, they were unable to come.

President Jerry Thompson stated, I thought there are three properties I thought someone would have made it.

Director Weaver stated, I might add they are the ones that provided the pictures.

Attorney Altman stated, the 1-6.

President Jerry Thompson stated, from what we have done so far, are there any questions from the board before I ask any other response from.

David Scott asked, the proposed garage is going to have living quarters upstairs?

Director Weaver stated, I believe that is what was stated last time.

David Scott asked, is that, when it attaches it to the house it makes it one property.

Director Weaver stated, it can not be a separate dwelling, they are not zoned for two dwellings.

President Jerry Thompson stated, I’m doing this different because we have a lot do decipher here before we go any further. I wanted to see if you had any questions. Carol do you have any questions before I open it up to the people?

Carol Stradling stated, no, I’m just wondering how you can rent out one house as a resort, I can see it being a rental property, and I’m just wondering how that works.

President Jerry Thompson asked, Dave Stimmel anything?

David Stimmel stated, I want to here what the people have to say.

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

Dino Antonelli stated, I’m Dino Antonelli and I own property and he adjoins it. It is Northwest of where they are.

Attorney Altman asked, have you seen the pictures?

President Jerry Thompson stated, why don’t you come forward and look at them.

Dino Antonelli stated, the roadway that is in questions as far as being a private drive is on my property that they use. It is in need of maintenance. As much traffic as they’ve got going there with all of the resort activity they have never pitched in anything to keep that road up.

Attorney Altman stated, that is called on this map.

David Stimmel asked, is this the only access?

Dino Antonelli stated, yes absolutely.

David Stimmel asked, for everybody?

Dino Antonelli stated, yes for everyone.

Attorney Altman asked, how wide is the road.

Dino Antonelli stated, barely a car width, maybe over a car width, maybe 10’. Like I said at the last meeting and it has been said again at this meeting, it is being run as a resort. They don’t have ample parking. As they stated last time in the meeting they said they wanted extra living quarters attached to the house because when their daughters and their selves where down then they needed the extra space. Basically that is putting four adults in the household. All of them drive a car, that is four cars setting in the driveway and you can clearly see there is absolutely no parking for one car. You can get one car in front of their 14’ x 24’ garage. Other than that there is an outhouse, two different utility poles, their sewer pump is for the new system is also right out front there. I believe some of those pictures that are turned in show quite a bit of that right out front. There is quite a bit out front they can’t even pull off of the road. The only parking that they actually have is across the road, which isn’t even on the same property. There has been instances, like Labor day weekend I don’t live at that residence right now, Labor day weekend I got a call that people from the resort basically ran out and where parking across the back of my yard. I approached Barbara about it and she said that she felt that I just wouldn’t care. I do care. That is my yard and I do not want them in it.

Attorney Altman stated, by Barbara do you mean Barbara Morales?

Dino Antonelli stated, yes.

President Jerry Thompson asked, does anyone else care to address?

Wayne Kyle stated, I’m Wayne Kyle and I live at 3786 on Ida Court.

President Jerry Thompson asked, where are you in relationship to the Morales?

Wayne Kyle asked, what am I relation, just a neighbor.

President Jerry Thompson stated, no, I mean in relationship on the map.

(They are determining where Mr. Kyle is on the map.)

President Jerry Thompson stated, Mr. Kyle go ahead. You are renting from the Gishs?

Wayne Kyle stated, yes I am. I’m concerned about the resort and the parking. There have been times when you can just barely squeeze one car through there and get in to our place back there. I have asked him before if he could keep the cars off of the road. My wife had a heart attack here awhile back and she has cancer and if I need to get an ambulance in there, most of the time you can not get one down through there. There is no parking area what so ever there. That is my main concern.

President Jerry Thompson stated, we appreciate that. Anyone else either for or against?

Attorney Altman stated, before he does, let me read what is in the Webster Dictionary as it defines resort. One that affords aid or refuge. Frequent, habitual or general visiting. Persons who frequent a place. A frequently visited place, haunt. A place providing recreation and entertainment especially to vacationers. Those are the definitions.

President Jerry Thompson stated, thank you, Mr. Morales.

Cesar Morales stated, well you know what, when I first bought that property in 1975, there are three piece of property on there. There are two 50’ lots, in the front, which one of them the log cabin is on, the other one is vacant, as far as structure goes. The road was relocated by a previous owner of Mr. Antonelli, it used to run pass his house at a diagonal to the corner of the property. At that time that man ended up asking me if I mind if he went ahead and straightened the road out and go from the telephone poles straight through so it wouldn’t go by his house. I being a good neighbor decided it would be better for everybody else to go ahead instead of taking that jog and then an immediate left for our property, my neighbor that it would be a good thing. I agreed that he could relocate that road right there. Dino ended up staying and there haven’t been any improvements to the road and it is in poor condition. That is probably because he had 30 or 40 vehicles on his property using that. At that time this last year by this time I ended up black topping and tying what Mr. Wayne had done a number of years ago that was 10 or 15 years ago. On the side that Mr. Wayne is on I put another two-vehicle drive on that side to alleviate the parking. What I’m asking the board is to go ahead and extend this and go ahead and update the house. Which is what I have done with all of the property. I built the log cabin and I put the pool in there. Now I don’t see how that negatively impacts the neighborhood. The pool is not closed at 11:00. It is closed at 9:00. We have an occupancy rate for both houses of 41%. I figured it up, 41% that is our occupancy rate. I’m renting houses not rooms. The reason I came up with that was because the impact that our industry is that Monticello has a bag rep as far as people staying here do. My wife and I decided that we would go and rent houses to enhance the marketability of the region. That is why I built the pool, that is why it cost me $45,000 because I want people to go ahead and have fun. If that negative impacts somebody two or three doors down kids having fun. I can’t do anything about it. I just can’t. I’m giving people places to go ahead and run it, to go ahead and play in the lawn, I ended up taking Mr. Antonelli’s little boy off the road by the house while they were putting shingles on there. I was afraid that his kid would fall down, I would rather watch him. I have never turned anybody into the Board of Zoning. I mean the cars look real bad I ended up spending $500 in trees to just hide the property, rather than turn him in. It is no good, it is no good.

David Stimmel stated, so is it multi-family, it has more than one occupancy. Is it zoned properly?

Director Weaver stated, it is zoned for a one single-family residence.

David Stimmel stated, it doesn’t sound to me that it is being used to meet that description. Am I describing that properly.

David Scott asked, does he have more than one property where he lives? Where this is going?

Director Weaver stated, he has the property where this is going and he owns the property across the road.

David Scott stated, the property across the road shouldn’t have anything to do with this.

Director Weaver stated, no.

David Scott stated, he doesn’t have two living units on the lots where he is going to put the garage on.

Attorney Altman stated, that is a good question.

Director Weaver stated, right, they are stating that they stay, the neighbor’s are stating that they stay in the garage. I don’t know.

David Scott stated, then they rent the house.

Director Weaver stated, then they rent the house.

David Scott stated, all of the discussion about the place across the road really has nothing to do with this. It doesn’t appear to me that it does.

Director Weaver stated, I would like to add, I talked to Gary Barbour today because he did go out to the property since the last meeting. He did want the board to know that he is not in favor of this. He feels that this addition is taking up the little bit of parking that is on this lot. He feels that if we do allow this addition that they will have no parking what so ever. I’m just relaying what he said to me.

President Jerry Thompson stated, Carol you are quiet.

Carol Stradling stated, it is on public sewers so there is no septic tank. If I wanted to rent out my house could I do that.

Attorney Altman stated, but you can’t live in your garage.

Director Weaver stated, you can’t live in the garage.

President Jerry Thompson stated, you have to leave the property.

Director Weaver stated, there can only be one single family living there.

David Scott stated, there is a house and a garage on the property now that are both living quarters.

Director Weaver stated, I can’t verify that. All I can do is go with what you have.

Carol Stradling asked, Mr. Morales can you explain to us what part of this property is resort and what part you live on.

Cesar Morales stated, both houses are the resort. There is a question.

Carol Stradling stated, there is one house on this property.

Cesar Morales stated, there are two houses.

President Jerry Thompson stated, come forwards please.

Cesar Morales stated, there are two houses there. Where are they? Let me see the map.

Attorney Altman stated, where are the two houses on this property.

Cesar Morales stated, it is not showing, it is not showing it. The other property is out across the road.

David Scott stated, we are just talking about this lot. How many living quarters are on this lot?

Cesar Morales stated, there is one.

David Scott asked, you don’t live in this shed or this garage or rent it?

Cesar Morales stated, no, we end up using that shed for an office. When the houses are not rented we live in one of the houses or the other house. When they are both rented we go ahead and leave. We work shifts my wife works day shift and so we end up switching to meet our customers needs. There are questions, single family dwelling, if you as the attorney can you go ahead and clarify that for me please.

Attorney Altman stated, that means one family there.

Cesar Morales stated, one family.

Attorney Altman stated, that doesn’t mean you and your wife and a separate unit for your daughter. It means one family unit.

Cesar Morales asked, okay, so if, let's say I was living with my kids and I had another person that I wasn’t related to, can that be construed as two family units?

Attorney Altman stated, if it is one unit, meaning one family that is what is allowed.

Cesar Morales stated, you didn’t answer my question Mr. Altman.

Attorney Altman stated, I told you what the definition means. If you are living there with your daughter and your wife in one unit and one unit of the home that is permissible. If you are living there with you and your wife,

Cesar Morales stated, and my daughter.

Attorney Altman stated, and your daughter in a separate

Cesar Morales stated, and my son in law.

Attorney Altman stated, that is two units.

Cesar Morales stated, that is two units, that is two families.

Attorney Altman stated, that is not permissible.

Cesar Morales stated, I just wanted that clarified. If I have a daughter and then I have my son-in-law go in and live in there with me that is two families.

Attorney Altman stated, it sounds like to families. If you have two units here in that house that is not permissible, nor is a shed used as an office.

Cesar Morales stated, I understand that.

David Scott stated, is there, that there is living quarters in one of these out here and this, so there is two living quarters on this property. Is that dated? Was that done before a certain date.

Director Weaver stated, that would have been 1972 and he has already stated that he didn’t own the property then.

Director Weaver stated, I have a question Mr. Morales. How often do you have renters come and go out of these homes? Is it on a weekly basis? Monthly?

Cesar Morales stated, sometimes, no. Right now one of the houses is rented for a monthly basis and the lady works at the White County Hospital. Most of our rentals are daily, weekly and that is it. Weekends sometimes they come in for a day, we have some people come in for one day because our regular customers can get away and we just go ahead and offer that convenience.

David Scott asked, and they stay in the house?

Cesar Morales stated, it would be real hard for you to go ahead and spend and you are going to pay me and you have to realize that I’m on the higher end of the scale as property rentals are around here. You are not going to get anybody to stay in a 10 x 12 or 11 x 12 shed.

David Stimmel asked, so what is the answer to the question? Where do they stay?

Cesar Morales stated, in the house.

David Stimmel asked, so where do you stay?

Cesar Morales stated, I don’t stay, when both of the houses are rented, I leave. I have to go ahead and take care of the property. I come in and work a shift and my wife works day. I come in after midnight and I go ahead and take care of the property and I go ahead and leave for up North where I work. She ends up coming in and meeting their needs and then she leaves.

Carol Stradling asked, and your daughters’ role in this?

Cesar Morales stated, I have two daughters. One of them is in California and the other is a schoolteacher for the city of Gary. She does come down on weekends and now and again. Now because what Mr. Altman says because she is married, she can’t go ahead and stay with me, so that means no body can come and visit at the house.

Carol Stradling stated, I think what you are referring.

Attorney Altman stated, I did not say that.

Carol Stradling stated, what we are saying, if you end up with two different dwellings, if there, or you could end up with a duplex. You indicated that you were adding on so that your daughter could stay with you.

Cesar Morales stated, my daughter, yes, no, see we rent the houses during the summer time. I have to be very clear about that. Right now people are demanding more space. My log cabin is about 820 square feet.

Carol Stradling stated, the log cabin is on the property across the road.

Cesar Morales stated, yes. The other house that we are talking about right now is a two-bedroom house. It is 920 square feet. It is a two-bedroom house. Living room, no dining room, kitchen, and enclosed porch. I need more room.

Carol Stradling stated, one moment. What were you planning on putting in this proposed addition?

Cesar Morales stated, I was going to open it up with separate bathroom, fireplace, over looking the other property.

Carol Stradling stated, I’m sorry a fireplace over looking the other property.

Cesar Morales stated, no, no it is a living space. It is living space of 26’ x 28’ I believe.

Carol Stradling stated, okay.

Cesar Morales is the dimension. We are putting in an extended living room, bathroom and that is it.

Barbara Morales stated, I just want to say something. My husband and I, I live at 1903 South Calhoon. I don’t live at the residence. For two years we have not had those residences rented in the wintertime at all because we had some bad renters 3 years ago. It took thousands of dollars to get them back up in the wintertime. So last year and the following year they were not even rented. My husband and I are getting ready to retire and I told my husband that when we retire we are going to retire in that house. Whether people like it or not we are. The bathroom in that house is so tiny that you can hardly move around. Pretty soon, he is disabled and pretty soon the doctors told me that he is going to be wheel chair bound. I told my husband that we are going to have to add on to the house. We need to put in larger bedrooms, I want to put in a full bath that is probably handicapped accessible and we are both working right now. This is the only time that we have money to do all of this. Once he retires and I retire we won’t be able to have the money to add on this addition. I’m really sorry it hurts the neighbors, but the holiday that he talked about when there was a lot of cars, it had nothing to do with my resort. My daughter came in from California, she got a big promotion, we hadn’t seen her in months and we threw a party. I will admit to that, we threw a party in that white cottage with just my family. My whole family I came from a family of nine, they all came out there to celebrate her promotion and her coming back into town. If I did something wrong by having only two cars and they didn’t park in his yard they parked on the edge of the property. I’m really sorry. I’m really sorry and that is all I have to say. We are trying to add on to that house, it is very little. If you want to come in and I have a renter now, I will show you how tiny that house and what the bathroom looks like. When I retire I want it to be spacious and I want it to be handicapped accessible for him.

President Jerry Thompson stated, thank you.

Dino Antonelli stated, I guess I’m listening to what they just said and I guess I’m not following the whole concept. If you are going to make it handicapped accessible why do you put a bigger bathroom upstairs above a garage. The parking has just not been this holiday. It is an on going thing.

President Jerry Thompson stated, thank you. Okay Jerry do you have anything to add. I think we have enough.

Attorney Altman stated, no.

President Jerry Thompson asked, Diann anything?

Director Weaver stated, no.

President Jerry Thompson asked, Carol?

Carol Stradling stated, I guess I’m okay and now that Mr. Antonelli mentioned it I remember over the garage, we don’t have our minutes from the last meeting. I’m looking at the cottage as one story and I do recall hearing saying something going over the garage.

Attorney Altman stated, two stories, it was said the last time.

Carol Stradling stated, two stories and Mr. Morales when you explained it this time it was going to be a living room with a fireplace.

Attorney Altman stated, I think you have summarized the evidence.

President Jerry Thompson stated, yes.

Carol Stradling stated, one of the issues last time was if this was going to be a garage, which it was going to is a garage at the last meeting. Where would the cars pull off of the road, and I think that is how we got started on the whole thing if I recall. So it is not going to be a garage.

Cesar Morales stated, it is going to be a garage.

Carol Stradling stated, it is going to be a garage and a big living room.

Cesar Morales stated, over the garage.

David Scott stated, there is only 9’ from the garage to the easement. That is not enough for a car to set outside a garage.

Carol Stradling stated, that is not enough for a car.

President Jerry Thompson asked, is there anything else Carol? David Scott I will come back to Carol. Do you have anything?

David Scott stated, no.

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

David Stimmel stated, no.

President Jerry Thompson stated, back to you Carol.

Carol Stradling stated, I’m just hearing to many different things.

President Jerry Thompson stated, yes, I agree. So if there no other comments or questions.

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 12’ rear setback variance and a 6’ East side setback variance to build an attached garage onto the existing home.

4. (1) The variance request (is) (is not) a variance from a use district or classifications under are plan law. Vote: 1 is not, 3 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: 1 will not 3 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: 2 will, 2 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: 2 will, 2will 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: 2 will, 2will 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, 2 will 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: 2 will, 2 will 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.

****

#2365 Patricia A. Adkins; The property is located on Lot 47 in Gingrich Addition, South of Monticello at 5307 S. Gingrich Court.

Violation: None

Request: She is requesting a 30’ front setback variance for a 2nd floor balcony.

President Jerry Thompson asked, anyone here representing the Adkins.

Buck Stevenson stated, I’m Buck Stevenson.

President Jerry Thompson asked, your relationship with the Adkins?

Buck Stevenson stated, the contractor building the house.

President Jerry Thompson stated, okay just out of curiosity.

Director Weaver stated, this is who I have been dealing with the whole way.

President Jerry Thompson stated, okay I just wanted to make sure. Is there anything else that you would like to add sir?

Buck Stevenson stated, this was brought up earlier and the print did not get presented right, I guess, so then they presented the print right. They want to put this balcony on and it wasn’t included in the first drawing, so we had to go through this procedure again to get in put in the second thing.

President Jerry Thompson stated, okay. Diann?

Director Weaver stated, you have already granted a variance for the home. We didn’t know at that time that there was going to be a second floor balcony on this home. We did not include that in the original request, so when they came in for their permit I said wait a minute we have a problem. We didn’t allow for the second floor balcony with a variance, so they are coming back now to go ahead and do that. They have gone ahead and started construction. They got their permit for the home and have started construction on the home and you will see that in the pictures, but they have not got the permit for the second floor balcony.

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

Attorney Altman stated, no.

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

Carol Stradling stated, so the second floor balcony will come out where this patio door is.

Director Weaver stated, yes.

Carol Stradling asked, so it doesn’t affect the neighbors, it comes off the gable end?

Director Weaver stated, correct.

President Jerry Thompson asked, Carol anything else?

Carol Stradling stated, no.

President Jerry Thompson asked, David Scott?

David Scott asked, it goes around, it is on the lakeside and then goes around the vacant lot also.

Director Weaver stated, no, where that says proposed deck on the survey, that is a ground level deck. We have already dealt with that and issued the variance for that. This is just for the...

David Scott stated, oh okay I see, this is the small one right there. Okay.

Director Weaver stated, right.

Carol Stradling stated, the solid line on the survey is where the original house was positioned.

Director Weaver stated, right.

Carol Stradling stated, it was only a 1’ away from property line. I remember this now.

Attorney Altman asked, is the home on the sewer system yet?

Buck Stevenson stated, yes.

President Jerry Thompson asked, Dave Stimmel?

David Stimmel stated, no.

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 30’ front setback variance for a 2nd floor balcony on Lot 47 in Gingrich Addition in Union Township, White County, Indiana.

COMMON DESCRIPTION: The property is located South of Monticello at 5307 S. Gingrich Court.


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

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

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

****

#2366 Troy M. & Angela G. Hartzler; The property is located on .62 of an acre, Southeast of Brookston at 11981 S. 300 E.

Violation: None

Request: They are requesting a 20’ front setback variance and a 7’ height variance to build a detached garage.

President Jerry Thompson asked, anyone here representing the Hartzlers?

Troy Hartzler stated, I’m Troy Hartzler.

President Jerry Thompson asked, thank you. Do you have anything you would like to present other than what I have read to the board?

Troy Hartzler stated, no that is it.

President Jerry Thompson asked, Diann?

Director Weaver stated, I don’t have anything.

President Jerry Thompson asked, Jerry?

Attorney Altman asked, is it a single story garage?

Troy Hartzler stated, it is single story with attic trusses. It will be a 12’ pitch and then 16’ x 32’.

Attorney Altman asked, no one living up stairs?

Troy Hartzler stated, no and no plumbing.

Carol Stradling asked, is the old garage going to stay?

Troy Hartzler stated, no.

President Jerry Thompson asked, anything else Carol? Dave Stimmel?

David Stimmel stated, no.

President Jerry Thompson asked, Dave Scott?

David Scott stated, no.

President Jerry Thompson asked, who is the contractor?

Troy Hartzler stated, Vance Larimer.

President Jerry Thompson asked, is there anything else?

Director Weaver asked, how are you going to get in and out of this garage?

Troy Hartzler stated, we are planning on putting a second drive.

Director Weaver stated, on the other road, you told me that I forgot.

Without further discussion the board voted.

The Board of Zoning Appeals

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


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


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


4. That no objectors were present at the meeting.


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


6. That the request is for a 20’ front setback variance and a 7’ height variance to build a detached garage on that part of the Southwest Quarter of the Southwest Quarter of Section 30, Township 25 North, Range 3 West in Prairie Township, White County, Indiana, described by:

Beginning at the Southeast corner of Section 25, Township 25 North, Range 4 West; thence North 87 Degrees 33 Minutes East 189.06 feet; thence North 19 Degrees 14 Minutes West 110.68 feet; thence North 54 Degrees 11 Minutes 30 Seconds West 186.90 feet to the section line; thence South 00 Degrees 13 Minutes West 221.92 feet to the point of beginning.

COMMON DESCRIPTION: The property is located Southeast of Brookston at 11981 S. 300 E.

7. That the variances herein authorized and granted are not so typical or recurrent in

nature as to make reasonable practicable the formulation of a general regulation

under an amendment of the ordinance for the above said specific piece of property,

and the Board additionally finds that the above said variances are based on the

findings of fact so made that are required to be made under the provisions of

Section 10.10 of the White County Zoning Ordinance, said findings of fact

support and create a fact situation that authorizes the above said variances under

the above said sections of the zoning ordinance.

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


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

****

#2367 Jean L. Price; The property is located on the N ½ of Lot 3 in Albert Goslee’s Subdivision,


in the Town of Chalmers at 703 E. Columbia Street.

Violation: None


Request: She is requesting a 6’ rear setback variance to put up a 6’ privacy fence.

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

Jean Price stated, I’m Jean Price, and I live there.

President Jerry Thompson asked, is there anything else you would like to present to us other than what I read?

Jean Price stated, I don’t think so.

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

Director Weaver stated, no I don’t.

President Jerry Thompson asked, Jerry?

Attorney Altman stated, no.

President Jerry Thompson stated, okay you both are very helpful.

Director Weaver asked, is there an alley back there, this drawing shows that there is.

Jean Price stated, no, it is the next lot over.

David Scott asked, there are no easements, or utilities back there?

Jean Price stated, no, not that I know of. I think it all comes in from the street.

Carol Stradling asked, is there any other privacy fences in that area?

Jean Price stated, no.

Carol Stradling asked, on the West Side it is not going to the complete length of the house.

Jean Price stated, no.

Carol Stradling stated, so there is still going to be 28’ to the front of the house that will be open.

Jean Price stated, yes, the whole front of the house will be open.

Carol Stradling stated, that lot 5, that is the one behind you on beside you. Lot 2 is beside you and it is a big one.

Jean Price stated, yes, they are all bit except mine.

Carol Stradling stated, I was just wondering how you would get to Lot 5.

Jean Price stated, you go back a whole other yard, another block.

President Jerry Thompson asked, what was the question Carol? I’m sorry.

Carol Stradling stated, well there is a lot 5, which is to the South of her lot, and there is no road.

Jean Price stated, the road has been closed off and there is a driveway here and it stops at this garage.

Carol Stradling asked, there is a garage here?

Jean Price stated, no my house, where are you at here. (looking at survey) This one belongs to the people behind me. The alley is paved to their garage and then it is grown up and it is not used as an alley.

Carol Stradling stated, okay, all right.

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

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 put up a 6’ privacy fence on the North half of Lot Number Three (3) in Albert Goslee’s Subdivision of Lot Number Eight Hundred Eighty (880) in W.W. Raub’s Fourth Addition to the Town of Chalmers, Indiana.

COMMON DESCRIPTION: The property is located in the Town of Chalmers at 703 E. Columbia Street.


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

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


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

****

#2368 Andrew J. & Helen M. Claus; The property is located on Lot 5 and Part of Lot 6 in Edgewater Addition to Camp Reuben, South of Lowe’s Bridge at 4704 N. Reuben Court.

Violation: None

Request: They are requesting a 2’ South side setback variance, a 5’ North side setback variance, and a 4’ rear setback variance to build an addition and to bring the existing home into compliance.

President Jerry Thompson asked, sir you are?

Andrew Claus stated, I’m Andrew Claus?

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

Andrew Claus stated, well I wish you would read that variance again. I don’t know if that is correct.

President Jerry Thompson stated, okay, as far as the footage.

Andrew Claus stated, there is only one side that we are going to build on and that is on the South side of the house, not the North side.

Director Weaver stated, but we are bringing the whole house into compliance.

Andrew Claus stated, okay.

Attorney Altman asked, when the house was built?

Andrew Claus stated, oh 1939.

Attorney Altman stated, the whole house is out of compliance, not that it is a violation. We are just bringing the house into compliance.

Andrew Claus stated, I understand. It is an 8’ x 7’. It is a small bathroom that we would like to put on the first floor. The other bathroom is on the second floor. I call it the second floor, which is 13 steps up. I’m 69 years old and I’m getting a little tired of going up and down there. We would like to put another bathroom in.

Attorney Altman asked, this is on the sewer system?

Andrew Claus stated, yes.

Director Weaver stated, they are not hooked up yet, they are in the process.

Carol Stradling stated, just for the record Jerry our staff report says the house was built in 1945.

Andrew Claus stated, oh really.

Director Weaver stated, we have already issued a building permit for this room addition. When the building inspector went out he realized that they were not meeting the setback requirements. That is why you have a copy of a permit. My understanding is, if you look at the pictures, I couldn’t get a real good one, the bottom left hand picture, this room addition is going right there by that slab or on that slab.

Andrew Claus stated, correct, there is a concrete slab there now.

Director Weaver stated, you can see that slab in the pictures. That is all I have.

Andrew Claus stated, we are not going to build on the slab, but in that area.

Director Weaver stated, right beside it in that area.

President Jerry Thompson asked, does anyone else care to address the variance?

Shelby Conley stated, I’m Shelby Conley. We got a letter yesterday, so I’m not real familiar with setbacks to start with. Our property belongs to my mother in law and she died this past January and my husband and I are in the process of getting it transferred to us.

Attorney Altman asked, what property is it.

Shelby Conley stated, the way I understood it we were over and talked to the fellows about the sewage system earlier a month or so ago and he said this concrete slab was not big enough for what they want to build on it. They are right on our line with the grinder. We have our grinder on the other side plus the neighbors have to put it on our side because they have a concrete slab.

We are going to object to the South if we can. I’m not real familiar with the setback because we only have and in here it says we only have 9’. I assume this is our house where it says 26.

Carol Stradling asked, do you live to the South?

Shelby Conley stated, we call it our cottage, it is on lot 4 and 5.

Carol Stradling stated, I see the lot 4 to the left, so you live to the South of Mr. Claus.

Shelby Conley stated, yes, I have never meet Mr. Claus, my children have been over there. With the water that we had this spring, it doesn’t look too nice. It washed out, my husband and I spent a whole summer putting a parking lot up there with ties and gravel and it just washed it all out. with Mom being sick and my mom sick to, it has been neglected. We had a roof put on it a couple of years.

Carol Stradling stated, but you have 9’ from your house to his property line.

Shelby Conley stated, we thought when the fellow was there, what was that guy. It was a younger guy.

David Scott stated, Dave Anderson.

Shelby Conley stated, he said that he didn’t think the slab was big enough that they had there. They were going to have to make it bigger.

Carol Stradling stated, Mr. Claus has stated that he is not building on that slab.

Andrew Claus stated, we have a contract of Buck Stevenson and we are going to put a foundation down there and then take that concrete out at least 7’ of, pour another foundation and a footing.

Shelby Conley stated, but you are making it bigger.

Andrew Claus stated, it is not going to be built on that, it couldn’t be built on that.

Shelby Conley stated, no so it is going to be built a lot bigger. On that side of our house is the only side that we is between us and them is the only place we can bring anything down to the front because of our parking lot. It is terrace on the South of the house.

Attorney Altman stated, their survey shows that they are going to have 9’ left on their side and you will have 9’ on your side.

Shelby Conley stated, there is not that much space.

Attorney Altman stated, that is what the survey says ma’am.

Shelby Conley stated, well I’m not familiar with surveys I’m sorry. We are objecting to them building on the line. The neighbor next to us has a patio and I always thought you had to stay 4’ away from your neighbor’s property with your roof. You could drain you roof over on their property and we’ve got it on the other side and we try to cooperate and not make the guy take his little storage house out off of his patio. We are going to be drowning worse then we are not. They put rock 4 to 6 inches behind the house on the South of us and the one on the North put another 4 to 6 inches and that is what washed out.

President Jerry Thompson stated, I understand, but I don’t think you understood what our Attorney just said awhile ago. Please repeat that Jerry?

Attorney Altman stated, yes, you have 9’ between you and their property line and when they get done if it is approved, they would have 9’ on their side also.

President Jerry Thompson stated, see that is 18’.

Shelby Conley stated, okay, but where it says house that is the width of the house, right. It is 9’ it is not where they are putting their concrete bathroom.

Attorney Altman stated, they must be putting it where the survey says.

President Jerry Thompson stated, proposed addition.

Shelby Conley stated, yes.

President Jerry Thompson stated, yes.

Shelby Conley stated, but it is going to come the whole distance here.

Attorney Altman stated, no it is not.

President Jerry Thompson stated, no it is not, please point it out to her Jerry.

Shelby Conley stated, the proposed addition is 8’ x 10’.

Director Weaver stated, yes.

President Jerry Thompson stated, let Mr. Altman help you.

Attorney Altman stated, they are 9’ away. This is their lot lone.

Shelby Conley stated, yes, but we have a plan here and we only have 6’.

Attorney Altman stated, it says that you have 9’.

Shelby Conley stated, that is back here to the North to the West.

We have a planting of bushes here on concrete small just a place to set lawn chairs and a grill. On the front of the house and this is going to be, we can’t get anything down there. If they build out that far, and their grinder I’m assuming is going to be on our property also.

David Stimmel stated, ma’am, you have to stay on your property when you get something down there anyway.

Shelby Conley stated, pardon.

David Stimmel stated, you have to stay on your property when you get something down there.

Shelby Conley stated, that is what I mean, we can’t bring a lawn mower or anything down.

David Stimmel stated, sure you could.

Carol Stradling stated, you have 9’.

David Stimmel stated, you have 9’, if you don’t have 9’ because of the shrubs right here, if you don’t have 9’ because of those then that is your problem.

Shelby Conley stated, its concrete.

David Stimmel stated, what I’m saying is if you don’t have 9’ because of this stuff on your property, then that is your problem, not his.

Shelby Conley stated, see that is our boathouse and the line is right there.

David Stimmel stated, that is what the survey shows.

Shelby Conley stated, we haven’t had time since we only got this notice yesterday. We haven’t had time to talk to an attorney or anything about this. I want more time to do that.

Director Weaver stated, well we mailed these out 10 days prior. Do you live out of town.

Shelby Conley stated, we live in Illinois.

Director Weaver stated, that is why it took so long to get to you.

Carol Stradling stated, you are not listed as the property owner at this time.

Director Weaver stated, right.

Carol Stradling stated, so it had to go to the property owner who is deceased and then transferred to them.

Shelby Conley stated, it might have gotten done. We called the attorney and it is a revocable family trusts, but he hadn’t taken care of that yet over in Indiana. He said well we are doing it right a way. I have been very, very busy. I understand.

David Scott asked, can we put this on the very end of the agenda next week, since we are meeting next week to give her an opportunity to measure. Will a week hold you up as far as the contractor goes and everything?

Andrew Claus stated, we would like to get this down as soon as possible. I don’t see where, I mean we have done everything and I don’t see any violation what so ever. We had the survey done and I have paid for it. It is a 9’ and the actually would come right by the property line. I asked for a small variance. Possibly the roof might come over 6 inches, and I doubt that because we can hold it back.

Carol Stradling stated, you can not have the roof on her property.

David Stimmel stated, it would not be on her property.

Attorney Altman stated, the survey does not show that, it says 9’.

Andrew Claus stated, that is right.

Attorney Altman stated, you can not have your roof any closer than the 9’.

Andrew Claus stated, I see.

Attorney Altman stated, I’m not saying that, it just can’t be.

President Jerry Thompson stated, we are not trying to push something through here. We go by the survey, we have a licensed surveyor who has presented this and it appears to the board and everyone here that there is ample room for this to be placed. I just want you to beware of that. We are not here pushing one person over the other.

Shelby Conley stated, well we have been there since 1955, 49 years.

President Jerry Thompson stated, yes, but it would appear that 18’ is ample working space for the two adjoining property owners.

Shelby Conley stated, the family of Ridgeway owned it before him. They have been there right shortly after us. Kids run back and forth and we always consulted with them before we did something.

President Jerry Thompson stated, yes.

Shelby Conley stated, so did the ones on the South, then they built this shed on the South and shoved it up against our wall. We have a concrete landscape wall there with bushes so they could have privacy. We are higher than them. Then they brought in this building and set it down the bank and it drains on our patio. We have a grass patio on the South side.

Carol Stradling stated, the South side of your property really doesn’t affect his property.

Shelby Conley stated, no, but what I’m saying is the roof off of their building drains on to our grass patio. I don’t want water on the other side. There has to be a roof built on there. This is on the outside of the building, it sticks out.

Carol Stradling stated, the building inspector will be out there to inspect this when the footers are poured.

Director Weaver stated, before the footers are poured.

Andrew Claus stated, there will be gutters on there too. There won’t be any water on her property.

Carol Stradling asked, you understand her concerns?

Andrew Claus stated, yes.

Shelby Conley stated, you know this spring when it opened up and dumped buckets and barrels of water, we were really discussed because we spent a lot of time, painting and guttering.

President Jerry Thompson stated, we understand. Dave back to you.

David Scott stated, I don’t remember what it was.

President Jerry Thompson stated, it was something about addressing it next week.

David Scott stated, well, I don’t know what else it they could bring back to us.

President Jerry Thompson asked, David Stimmel?

David Stimmel stated, I don’t have anything to ask.

President Jerry Thompson stated, yes sir.

Carol Conley stated, I’m Carol Conley, this is my wife you talked to. I would like, if you post pone this for a week, go out, and measure, because the fellow that did the measuring for the building, by his estimate the eave would be over on us. I’d like to check it out.

President Jerry Thompson stated, the surveyor said this.

Carol Conley stated, no I’m talking about.

Director Weaver stated, I think he is talking about Dave Anderson.

President Jerry Thompson stated, he did not mention this to you.

Director Weaver stated, we have discussed this and he is aware what he measured does not correspond with what is shown here on the survey. He can’t explain why.

Carol Conley stated, the property comes down at the top, up at the roadside and then it comes down kind of like a pie shape, the closer to the lake you get the narrower it gets.

President Jerry Thompson stated, yes.

Carol Conley stated, it is narrower.

David Scott stated, so what we are saying is that the survey is wrong.

Carol Conley stated, well it looks like an optical illusion to me, and I want to go measure and see.

Director Weaver asked, are their property stakes out there.

Carol Conley stated, it has been surveyed. I can’t tell you where they are they are buried under the ground.

Carol Stradling stated, what we have done in the past is, it seems unfair to hold him up because you are questioning the space that you have, we can approve what he has on this survey and if when he gets out there it is determined that space is not actually there, then he can not build it because the space is not there. We can go ahead and approve it tonight and it sounds like you’ve got property line issue that you need to take care of on both of your ends. I don’t know that would affect Mr. Claus.

Shelby Conley stated, we had that property surveyed about 1980 or 1982. We are moving from the farm to a retirement home and everything is in boxes. I couldn’t find were we had it surveyed. It might be in the lock box. There should be a pipe there.

Carol Stradling stated, what I’m saying according to this survey that we have of his property, there should be enough room there.

Shelby Conley stated, the gentleman who surveyed it is from Monticello.

President Jerry Thompson stated, yes, Mr. Milligan.

Shelby Conley stated, yes, he is the one from 1980 or 1982. Our steps when he built his parking lot is 4’ over on us, we complained, he said I really didn’t know where the line was. I’m assuming that it was straight. Well it is not straight, it is on an angle. Our shorefront actually goes more North than it appears. We put a drain up there with steel cover on it and that is on our property.

Carol Stradling stated, fine, but the only proof of anybody's property is what the surveyor list according to property records whether you’ve got a pipe there or somebody got their driveway there. We have to go by the surveyors records and what we’ve got here before us indicates that there is enough room to prove what Mr. Claus is asking for. If that is different than reality then it stops.

Shelby Conley stated, so would you suggest that we get a lawyer and surveyor that did this and we can contest this later. Even if he builds it.

Carol Stradling stated, if he has the distance from his house to his property line, then he can go ahead and do it.

Carol Conley asked, how many feet does he have to have?

David Scott stated, when he is done with it, the eave is to be no closer than the 9’ according to the survey.

Director Weaver stated, I want to correct that. The survey that is drawn is to the foundation. If you look at the request I actually allowed for a 1’ overhang. The eave would be 8’ from the property line.

Carol Conley stated, 8’ from the property line.

Carol Stradling stated, you are 9’ from your property line.

Attorney Altman stated, so your eave could be a 1’ closer.

Carol Conley stated, how far is the structure coming out.

Carol Stradling stated, you have a copy of the survey.

Carol Conley stated, yes.

Director Weaver stated, it is on the back of your letter that you received.

Carol Conley stated, we will get it measured this week.

Carol Stradling stated, you can take the survey and you can compare it to what is really there and if you say there is not a total of whatever, then you know there is a problem. Then determining where the property line is between you is the issue. There may be an issue or there may not.

Carol Conley stated, how far do you have to be with.

Attorney Altman stated, with the variance 8’.

Shelby Conley asked, so what way does this 2’ variance go? What does that mean?

President Jerry Thompson stated, when it melts down like out attorney has said he will be within 8’ of your property line.

Carol Conley stated, okay.

President Jerry Thompson stated, just block out the 2’ deal. His over hang of his addition will be within the 8’ of your property line.

Carol Conley asked, so he is coming out 8’ from his house?

Attorney Altman stated, yes.

Carol Conley stated, yes.

Attorney Altman stated, your over hang after looking at the pictures is over 1’. You are actually closer than the 9’. There is probably 8’ between his property line and your house.

President Jerry Thompson stated, so after all is said and done there will be 16’ between the two of you.

Carol Conley stated, well we are going to measure ourselves this weekend.

President Jerry Thompson stated, that is fine.

David Scott stated, if we vote on this and he measures and there isn’t the 17’ or the 26’ between the houses what is his recourse.

Attorney Altman stated, it is a private action, just like it always is, it is private.

David Scott stated, I’m trying to keep from building something and tearing it down.

Attorney Altman stated, that is his problem that is always the problem someone can challenge it.

President Jerry Thompson stated, as long as it is built as advertised.

David Scott stated, this survey is recent.

Attorney Altman stated, it says September of this year.

David Scott stated, so he should be okay where he is.

President Jerry Thompson stated, it should be.

Carol Stradling stated, there appears to be iron pipes at all four corners of his property.

President Jerry Thompson stated, I’m concern about these people back here. We work for everybody here, we are not trying to approve something that will cause a problem. It appears that it is a very workable situation as advertised. All we can go on is what he has brought us tonight.

David Scott stated, according to this picture there is room. There is the 26’ between the buildings. I’m sure the survey on this gentleman’s lot is correct.

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 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’ South side setback variance, a 5’ North side setback variance, and a 4’ rear setback variance to build an addition and to bring the existing home into compliance on Lot 5 and part of Lot 6 in Edgewater Addition to Camp Reuben in Liberty Township, White County, Indiana.

COMMON DESCRIPTION: The property is located South of Lowe’s Bridge at 4704 N. Reuben 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.


****

#2369 Michael S. Lane; The property is located on Lot 5 in Cedar Point Subdivision, South of Monticello at 5740 E. Cedar Point Court.

Violation: None

Request: He is requesting a 31’ front (from the East road right-of-way) setback variance and a 1’ West side setback variance to build an addition onto the existing home and to bring the home into compliance.

Attorney Altman asked, is there anyone here on the Lane property?

Michael Lane stated, I’m Michael Lane.

Attorney Altman asked, do you have anything to present at this time?

Michael Lane stated, I just want to make sure that I understand this 31’ is from the road coming North, which is Cedar Point.

Director Weaver stated, the road on the East Side of the home.

Michael Lane stated, right the 1’ is on the East Side, I just want to make sure I understand correctly. The 31’ is the North towards.

Director Weaver stated, you are required to have 32’ so we ask the difference. Your survey will show that you will have 1’. We ask for the difference.

Michael Lane stated, right, but that says from the East.

David Scott is going over the survey with Mr. Lane.

Carol Stradling stated, he is getting a 31’ variance.

Several are talking at once right now.

David Scott stated, you are going to be 1’ off of the property line when you are done building.

Michael Lane stated, right, there is 20’ right-of-way. I was actually thinking and I haven’t talked to Diann about it, I might go in another foot.

President Jerry Thompson asked, Jerry do you have anything?

Attorney Altman stated, there isn’t anything built on this lot now.

Michael Lane stated, there is nothing built there, yes my house.

Attorney Altman stated, okay, oh building proposed, oh I see that now.

Michael lane stated, it is one story except over the garage, there is going to be a loft, is that not on there.

Director Weaver stated, no we would not have went into that much detail, we just needed the information for the variance.

Michael stated, I just moved up here up last year and I realized that I don’t have enough room. It is just going to be a loft for storage above the garage.

Attorney Altman asked, is this on the sewer system.

Michael Lane stated, I have the permit, I wrote a letter for an extension this summer.

President Jerry Thompson asked, Diann do you have anything for him? You got interrupted.

Director Weaver stated, no, but did you figure out what the request was for?

President Jerry Thompson stated, yes, he did make a comment that even though he is within 1’, he would possibly be willing to go in more, but you may repeat it to her.

Director Weaver stated, I have not heard from any of the neighbors.

Michael Lane stated, the neighbors do not have a problem with this. One came up from Lafayette and talked to me about it and the other one doesn’t live here. If this does get granted one thing I was going to ask the dimensions are not going to change, but is it possible that I could do part of it now and the other part after winter. I just think we are getting close.

Director Weaver stated, once the permit is issued you have 6 months to start and you have two years to complete.

Michael Lane stated, okay, I’m good then.

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

Director Weaver stated , no I do not.

President Jerry Thompson asked, Carol do you have anything?

Carol Stradling stated, I would, if he could go further away from the road I would like that. I mean you are not going to join the corners any way. You are going to have a jog there at the corner anyway.

Michael Lane stated, I was going to start right there where the brick is.

Carol Stradling stated, part of the concern is the trucks and they need to get through there.

Michael Lane stated, I plan on going another 1’ in.

David Scott stated, it says that 20’ driveway goes into a canal.

Michael Lane stated, it is a dead end that is just used for two houses.

Director Weaver stated, Dave if you look at the pictures you can see that it kind of makes a circle drive type of thing.

Michael Lane stated, they just did that last year.

Director Weaver stated, I tried to get that picture so they could see it.

President Jerry Thompson asked, Dave Stimmel, Dave Scott, or Carol?

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 31’ front (from the East road right-of-way) setback variance and a 1’ West side setback variance to build an addition onto the existing home and to bring the home into compliance on Lot 5 in Cedar Point Subdivision in Union Township, White County, Indiana.

COMMON DESCRIPTION: The property is located South of Monticello at 5740 E. Cedar Point 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.


****

#2370 Daniel R. & Katrina L. Shields; The property is located on Lot 20 in Arch Street in O.P., in the Town of Monon at 316 N. Arch Street.

Violation: None
Request: They are requesting a 1’ South side setback variance to place a shed on the property.

President Jerry Thompson asked, sir you are?


Dan Shields stated, I’m Dan Shields. If I might I would like to correct one thing. To my untrained eye on the application that my wife filled out it is requesting a 1’ side setback. Then we found out that we had to have Mr. Milligan out there. According to his survey we need 2’ on the South side of the shed. There is only 4’ on each side of the shed. I think I need a 1’ between the house and shed. If I’m remembering what I was told, and I have to be 6’ from the neighbors property line.

Director Weaver stated, you only have to be 5’ from the neighbor’s property line.

Dan Shields stated, oh is it. How far is it from the house then?

Director Weaver stated, that is a good question.

Dan Shields stated, well I thought it was 6’.

Director Weaver stated, that was I understanding for a long time and the building inspector has explained to us that it is not necessarily so. It depends on the type of structure that you are building. I did not ask for a variance for that, I left that up to him to deal with. That 6’ separation is not in our ordinance.

Carol Stradling asked, because he is not affecting the house, we are not bringing the house into compliance?

Dan Shields stated, before the meeting I gave a note to Mr. Thompson from my neighbor regarding the shed.

Director Weaver stated, (read the letter to the board)

Dan Shields stated, my house is white siding and the shed is white siding, my neighbor is white siding, so we are all white in there. There was a concern in the beginning whether it could be seen from the street and there are two large bushes between the shed and the street. There is also a large pine tree.

Carol Stradling asked, is the shed already in place?

Dan Shields stated, yes, that is not something, well we chose to do that. It was either move it or lose it. The landlord wanted that one, and I gave another one away.

President Jerry Thompson asked, Carol, Dave Stimmel, or Dave Scott?

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 1’ South side setback variance to place a shed on Lot 20 on Arch Street in the Original Plat of the Town of Monon, White County, Indiana.

COMMON DESCRIPTION: The property is located in the Town of Monon at 316 N. Arch 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.

****

President Jerry Thompson stated, business at hand, Diann or Jerry who ever wants to go first.

Attorney Altman stated, obviously we got the default judgement here on Provo and I have filed proceeding sup to collect on that. Diann when was that in November. That is all I have to say on that.

Carol Stradling asked, what Provo thing is this on.

Attorney Altman stated, this has to do with the bounced check.

Carol Stradling stated, this has noting to do with the trailer.

Director Weaver stated, no that is in Jerry’s hands.

Attorney Altman stated, I’m working on that as we speak. I’m just trying to remember. I’m doing about three of them. Rob Craig I have it just about ready for tomorrow or Monday. I’m trying to think what else we have Diann that has come down through the courts.

Director Weaver stated, we won a court case.

Attorney Altman stated, okay, but that wasn’t there. We enforced the ordinance on the failure to get a variance.

Carol Stradling stated, on the side yard.

Attorney Altman stated, on the side yard, and a removal order if he doesn’t do it. Have you heard anything?

Director Weaver stated, they came in and picked an application. His attorney did.

Attorney Altman stated, is there anything else?

Director Weaver stated, we have had so much going on.

Attorney Altman stated, I’m sorry I can’t think of anything else.

Director Weaver stated, I think that is all for the BZA, everything else has been for APC. We still have an outstanding fine.

Attorney Altman stated, yes next door.

Director Weaver stated, yes.

President Jerry Thompson stated, okay is that it.

David Scott stated, you brought it up, he wanted to know if he could represent a customer for getting a setback or something like that.

Attorney Altman stated, I would love to have it in writing that the owners say this is okay. So often they don’t do that.

David Scott asked, that needs to go to Diann’s office right?

President Jerry Thompson stated, we really haven’t had a policy, we have always relied on Diann. She has always stepped up and said that is the person she has had correspondence with.

Attorney Altman stated, I don’t doubt that, and it works just fine.

Director Weaver stated, well a lot of the times, they do, do that. Like tonight Buck Stevenson was here for. She is from Indianapolis, it is difficult for these out of town people to come to the meeting.

David Scott stated, well maybe we should have a document from them.

Director Weaver stated, if that is the board’s wishes then we will.

David Scott stated, well I was asked, and I said we normally except the contractors coming in and I don’t know what policy is.

Attorney Altman stated, I think it would be a good idea for the owner to sign.

I move that we adjourn.

Carol Stradling stated, you can’t.

Carol Stradling made motion to adjourn.

David Stimmel seconded the motion.

The meeting adjourned.

Respectfully submitted,

Gary Barbour, Secretary

Diann Weaver, Director

White County Area Plan Commission