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The White County Board of Zoning Appeals met on Thursday, February 17, 2005 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: Mary Crum, James Crum, Jerry Lombardi, Kathy Lombardi, Terry Beasy, Bill Abbott, Charles R. Mellon, Butch Moody, Clay Watson, Paul Keilman, Charlotte Keilman, Robert A. Pecor, Floyd Feath, Mark Klaczak, Linda Klaczak, John C. Mitchell, Jeremy Mitchell, Dane A. Mitchell, Eric Stevenson, Don Wright, Tom Parsley, and Doris Parsley.

The meeting was called to order by President Jerry Thompson and roll call was taken. Attorney Altman swore in all Board members and audience members.

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#2384 Tom F. Fee, Owner; Butch Moody, Applicant; The property is located on Part of Lots 11 & 12 in Bass Riffle Park, North of Lowe’s Bridge at 5162 E. Quiet Water Court. Tabled from the January 20, 2005 meeting.

Violation: None
Request: They are requesting a 6’ front setback variance, a 5’ East side setback variance and a 6’ West side setback variance to build an addition and to bring the existing house into compliance.


President Jerry Thompson asked, sir you are?


Butch Moody stated, I’m Butch Moody. What happen at the last meeting we decided not to use that West side variance and the building was brought to a smaller dimension and there were questions about the interior dimensions, and what was going to be inside that building. I made drawings, I think those were submitted. On the West Side there is no variance requested, we have the 8’ from the property line. It would just be the 4’ variance on the one side. Carol, I think you had a question on the interior thing and I’ve got the dimensions figures there for you. As far as that, I don’t think there is anything else that I need to add to that. You have the dimension and drawings now that should show what is being contemplated there.



President Jerry Thompson asked, Diann do you have anything?


Director Weaver stated, no I do not.


President Jerry Thompson asked, Jerry do you have anything?


Attorney Altman asked, this is on the sewer?


Butch Moody stated, it will be, it can not be completed until the sewer is hooked up. The septic system is now where the proposed building is going to be. So we would have to wait, the grinder pump is in between this property and the next door property, but it will not be hooked up and this can not be built until that grinder is operative. This addition will go over the septic tank.


Carol Stradling asked, the grinder is which direction?


Butch Moody stated, the grinder is to the West.


Carol Stradling stated, to the West.


Butch Moody stated, approximately where I have that 13 and 10 figure there on the drawings that I made. The grinder is going to be roughly right in here.


President Jerry Thompson asked, is there anyone else here that cares to address the variance either for or against?



Jerry Lombardi stated, I’m Jerry Lombardi. I’m the one on the other side and I mean this sounds better with this drawing. I haven’t seen what he got. What I’m concerned about is it going to be legal to go right over your lines there? I mean within the space there, I mean the 8’. They are right down the property lines, our gas lines and sewer lines where the grinders are. It is going to be awfully close right there that is what I’m thinking.


Carol Stradling asked, you mean when they construct it?


Jerry Lombardi stated, no I can see it is right down the middle there. How much room do you have to have between or can you build over it? Do you see were they are running right up through the line of the yard there. The grinder is right over there. They are going to stay, I mean he says 8’.


Butch Moody stated it is 8’ from the corner of the building. I think the question Carol and Mr. Lombardi and I have talked we are ???, is there a reading that says building or how close can these grinders be to buildings. I didn’t know.


President Jerry Thompson asked, Art do you know?


Art Anderson stated, yes, you can get even closer than 4’, you can get 2’ or even cut it off and get 1’. That is not a problem. The only thing is we have to be able to get to the grinder.


Attorney Altman asked, Art, will you explain who you are?


Art Anderson stated, I’m the fortunate guy on the sewer board.


Carol Stradling stated, you can’t build your building until that is in anyway. So he would have plenty of time.


Art Anderson asked, where is it located, I wasn’t paying attention?


Butch Moody stated, Quiet Water Court.


Art Anderson stated, that will be done this summer.


Carol Stradling stated, so the grinder will go in when there is no building….


Art Anderson stated, the grinder is there.


Carol Stradling stated, oh okay.


Butch Moody stated, we just didn’t know how far you had to keep buildings away from it.


Art Anderson stated, you can get as close as you possibly get to it. We stub out 4’ from the grinder. That is evidently a double grinder, so we go 4’ each way. If you don’t use your 4’, we don’t care. All we want to do is be able to maintain maintenance on the grinder, so if that is the great thing about this, the only thing. The only good thing is that they don’t have to worry about their septic systems. They can build close and they don’t need as much land anymore. That is the one plus for these two people.


President Jerry Thompson asked, did you have another concern other than that sir?


Jerry Lombardi stated, well it sounds better since they are going to be back further than the property line originally started. He cut his down to 25’ instead of 30’. That is going to give us more room in between. That was my concern.


President Jerry Thompson stated, okay, thank you. Is there anyone else that has a concern?

Carol do you have anything?


Carol Stradling stated, I noticed in your drawing that you have a 6” overhang.


Butch Moody stated, yes.


Carol Stradling asked, is that enough?


Butch Moody stated, it should be. You only have to have something to put the gutters too. It is just a one story.


Carol Stradling asked, so there, there will be no eaves just 6”?


Butch Moody stated, just the 6”.


Butch Moody stated, just 6” yes.


Carol Stradling asked, so the maximum I guess the maximum dimension for your project is going to be 25’ total. That allows 6” for overhang?


Butch Moody stated, right.


Carol Stradling asked, the soffit is 6”.


Butch Moody stated, the soffit is going to be 6” on either side.


Carol Stradling stated, so then the gutters on to that. Okay. Your involvement in this project?


Butch Moody stated, I’m just the Real Estate Agent representing him, he couldn’t be here tonight.


Director Weaver stated, there is something in the file stating that he has the right to represent him.


Carol Stradling stated, usually Jerry asks that question?


President Jerry Thompson stated, sorry about that, I thought because I knew it that everyone knew it.


Carol Stradling asked, so the Fee’s own it?


Butch Moody stated, yes the Fee’s own the property. We have it for sale, but at present it is only a one room. He took a little cottage and gutted it and it is just one big room with a bathroom in it. He can’t sell it, he has to make some changes because people just aren’t going to pay any money for a one-room building. That is the main reason in the beginning for this not necessarily it has to be built tomorrow, but with the ability to build so they can have a two bedroom building on there, would make it sellable.


Carol Stradling stated, okay, which is why he really doesn’t have a plan to stay there.


Butch Moody stated, probably not, if he can’t sell it I would image he would stay there. If he could sell it, he would like to sell it.


Carol Stradling stated, which explains why the plan was very vague.


Butch Mood stated, yes.


President Jerry Thompson asked, is there anything else Carol?


Carol Stradling stated, if he does sell it, I guess I would just like to make sure and if this is approved that the new purchaser understands the extent to which he can build and not beyond that.


Butch Moody stated, certainly that should be done. What the variance primarily with out a variance there is no way to sell it because of the situation and that is why I went back with you through these things and moved it over so it wouldn’t be interfering with them. Just so we could have a plan that could be built. If it were necessary to construct in advance of him selling it, then we could go by these plans. We could have these for the maximum limits on what could be built there.


Carol Stradling asked, so if someone else purchases it and they don’t build it that big, they are still within the variance?


Butch Moody stated, yes.


Carol Stradling stated, okay, all right, I don’t have any more questions.


President Jerry Thompson asked, Gary Barbour anything?


Gary Barbour stated, no.


President Jerry Thompson asked, Dave Scott?


David Scott stated, you say that they have to have available access, do they need to get back there with a truck or all of this stuff done by hand after it is installed. I mean how much room do they need typically to get whatever they need to work on?


Art Anderson stated, they would need 8’, but that is on the property line. I was looking at that thing you had open. I see you had 8’ so that is 4’ more than we should need because we need 4’ from both of them.


David Scott stated, they share a grinder.


Art Anderson stated, they are sharing a grinder is what he said. The only thing that I was thinking of while setting there was make sure the easement is the same and they are going to pay for the thing. They should have plenty of room and it doesn’t have to be on the line either, as long as they have a way that we can get back to it. That is it.


Carol Stradling stated, but if it is a shared grinder, if it is shared and it is yours also than you would have an interest in having it fixed.


David Scott stated, it wouldn’t be a problem with a truck straddling the property line to get back to work on it.


Art Anderson stated, you really need 16’ because if it is 8’ to the house and 8’ on the other side.


President Jerry Thompson asked, is there anything else Dave?


David Scott stated, no.


President Jerry Thompson asked, Dave Stimmel?


David Stimmel stated, Mr. Moody I have been to the property and I’ll be honest with you I think the building is just going to be in my opinion just my opinion is going to be inconsistent with the buildings that are around that area. It is going to be enormous. It is going to take up the full length of the lot, it is going to block other peoples, the neighbor’s view both ways, I think it is a real problem personally. I really do to build something that large on that small of a lot.


Butch Moody stated, that is why we told you, I think originally he something back here, a patio or something to leave that 33’ off of the backside towards the lakeside. I think both houses are actually further this way than the structure is back here.


David Stimmel stated, this is a pie shape lot and it is made for about the size of the house that is on there. That is all that makes sense to me. That is just my opinion. That is my 2 cents worth.


President Jerry Thompson asked, does anyone else have anything else to add before we 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 objectors were present at the meeting.


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


6. That the request is for a 6’ front setback variance, a 5’ East side setback variance and a 6’ West side setback variance to build an addition and to bring the existing house into compliance on that part of Lots 11 and 12 in Bass Riffle Park in Monon Township, White County, Indiana described by:

Beginning at the Northwest corner of said Lot 11; thence North 74 Degrees 00 Minutes 00 Seconds East (plat bearing) 3.00 feet to a ½ inch iron pipe found; thence South 30 Degrees 55 Minutes 53 Seconds East 155.24 feet; thence South 74 feet 00 Minutes 00 Seconds West 47.00 feet; thence North 25 Degrees 50 Minutes 01 Seconds West 152.24 feet to a capped ½ inch iron pipe set on the North line of said Lot 12; thence North 74 Degrees 00 Minutes 00 Seconds East 30.00 feet to the point of beginning.

COMMON DESCRIPTION: The property is located North of Lowe’s Bridge at 5162 E. Quiet Water 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 2 affirmative and 3 negative.


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#2396 Lester L. & Barbara L. Lange, Owner; Mark R. Klaczak, Applicant; The property is located on 0.153 of an acre, Tract 45 North of Monticello at 5443 E. 600 N.

Violation: None

Request: They are requesting a 15’ rear setback variance to build a new home with an unroofed porch and a 27’ front setback variance to build a detached garage.

President Jerry Thompson asked, sir you are?

Mark Klaczak stated, I’m Mark Klaczak.

President Jerry Thompson asked, do you have anything else you would like to present to us? Obviously you do.

Mark Klaczak stated, just a copy of the survey. There is an old mobile home that has been abandoned for 15 years. We are going to remove it.

President Jerry Thompson stated, if you would like to look at what she has you can step up there and show you a copy of it. Diann do you have anything?

Director Weaver stated, no, we do have a contract of sale of the real estate. You should have gotten a copy of it.

President Jerry Thompson asked, Jerry?

Attorney Altman asked, is the property on the sewer system?

Mark Klaczak stated, it will be.

Attorney Altman asked, when will it?

Art Anderson asked, where is this place at?

Mark Klaczak stated, Golden Beach.

Art Anderson stated, it should be this summer.

Attorney Altman asked, where is your well?

Mark Klaczak stated, it is 500’ away, it is a community well, and it is Golden Beach Club Association. It has 56 lots in it and two wells. One well takes care of 35 and the other well takes care of the rest.

Art Anderson stated, that area in Golden Beach when you brought that up, you don’t own the property right.

Mark Klaczak stated, yes I own it, we own all of the property except the common grounds in the middle. Everybody owns their own property.

Art Anderson stated, that is not what Golden Beach as told us.

Mark Klaczak stated, I’m the President of Golden Beach and everyone owns their own property. The only thing that Golden Beach owns is the common area and that is what I presented at your meeting a couple of weeks ago. We pay taxes on each individual lot in there. We are not a trailer park, we are a private whatever.

Art Anderson stated, okay I understand what you are saying now.

Mark Klaczak stated, there is a 5 acres commons area.

President Jerry Thompson stated, back to you Jerry.

Attorney Altman asked, what kind of structure?

Mark Klaczak stated, I’m not sure yet, probably going to be a modular, 3 bedrooms, and 2 baths. That is what I’m leaning to. It will be 10 times better than what is there now.

President Jerry Thompson stated, we need to know now if it is going to be 2 story.

Mark Klaczak stated, if it is I will come back for another variance.

President Jerry Thompson stated, we would like for you to.

Mark Klaczak stated, all I want to do is buy this property and if I don’t get a variance, I’m getting my money back that is all I’m doing is protecting my self.

President Jerry Thompson stated, okay. Carol do you have anything for Mark?

Carol Stradling stated, I don’t see any other garages in the area. So the house you want to build is a lot bigger.

Mark Klaczak stated, here let me show you. There are two pole barns. There are two pole barns right next door.

President Jerry Thompson stated, wait just a minute. If you present those we keep those.

Director Weaver stated, the pole barn is in the pictures.

Mark Klaczak stated, I don’t need them.

Carol Stradling stated, okay, this right here.

Mark Klaczak stated, one side of my house is going to look at a pole barn.

President Jerry Thompson stated, while Carol is thinking, Gary do you have anything?

Gary Barbour stated, no.

Carol Stradling asked, is that to the West of your property?

Mark Klaczak stated, that is correct. 90% of us have mobile homes and now they are bringing in homes in there.

President Jerry Thompson asked, is there anything else Carol?

Carol Stradling stated, no.

President Jerry Thompson asked, David Stimmel?

David Stimmel asked, what is in the common area?

Mark Klaczak stated, grass, basketball court a small pavilion, a burn pit and play ground. I think we have one of the most beautiful parks in the whole lake, northeast of Lowe’s bridge there.

President Jerry Thompson asked, is there anything else Dave? David Scott anything?

David Scott stated, no.

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 15’ rear setback variance to build a new home with an unroofed porch and a 27’ front setback variance to build a detached garage on Tract Number 45 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, and more particularly described in Exhibit “B”, attached hereto and made a part of this conveyance.

Exhibit B:

That part of the South Half of the South Half of Section 28, Township 28 North, Range 3 West, 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 1182, 1183 White County Recorder’s Office.

Commencing at the Southeast Corner of the Southeast Quarter of the Southwest Quarter of said Section 28; Thence South 89 Degrees 51 Minutes 44 Seconds West along the Section Line and the North right-of-way Line of County Road 6.3 East (County Road 600 North extended West) a distance of 201.84 feet to the point of beginning; Thence South 89 Degrees 51 Minutes 44 Seconds West along the Section Line and the North right-of-way Line of County Road 6.3 East (County Road 600 North extended West) a distance of 68.00 feet; Thence North 07 Degrees 53 Minutes 00 Seconds West a distance of 109.96 feet; Thence South 88 Degrees 12 Minutes 40 Seconds East a distance of 48.50 feet; Thence South 22 Degrees 47 Minutes 00 Seconds East a distance of 89.19 feet; Thence South 00 Degrees 08 Minutes 16 Seconds East a distance of 25.00 feet to the point of beginning containing 0.153 of an acre.

COMMON DESCRIPTION: The property is located North of Monticello at 5443 E. 600

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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#2397 Sagamore Council of Boy Scouts of America, Inc., Owner; Clay Watson, Ranger, Applicant; The property is located on 40 acres, 78 acres, 80 acres and 64 acres Northeast of


Buffalo at 9400 N. Boy Scout Road.

Violation: None.

Request: They are requesting a special exception to bring the existing Boy Scout Camp into compliance with the White County Zoning Ordinance

President Jerry Thompson asked, anyone here representing the Boy Scouts?

Clay Watson stated, I’m Clay Watson. I’m not the owner but I’m representing them.

President Jerry Thompson stated, sounds good. Do you have anything you would like to add?

Clay Watson stated, no, I’ll just answer questions.

President Jerry Thompson asked, Diann do you have anything?

Director Weaver stated, yes, we did receive a letter. It should be with your pictures that you received tonight. It is from Janet Stiglitz.

Attorney Altman stated, proceeded to read the entire letter. (See letter in Variance file.)

President Jerry Thompson asked, is she in attendance? You just got this in the mail?

Director Weaver stated, I got this in the mail I did talked to her on the phone as well.

President Jerry Thompson asked, Jerry do you have anything?

Attorney Altman stated, no I don’t.

Carol Stradling asked, where is she located?

Director Weaver stated, if you look at your staff report the shaded areas, if you look on the right hand side to the North of that shaded area the big track of land there. Go to the left, right there.

Several are talking at once.

Carol Stradling stated, that is not on the site plan at all.

Director Weaver stated, no.

Clay Watson stated, yes that is where she is located. (Clay is pointing out things on the pictures to the board.)

David Scott asked, how much fence would you have to build? How big of an area is that?

Clay Watson stated, this is 40 so….

Art Anderson stated, I’m on the Board of Directors for the Boy Scouts and I work this camp 40 some years ago. There has been a rifle range there ever since I was a kid. He doesn’t even no where the old rifle range was. It has been moved 3 times and each time it was moved for safety. We tried to close a road several years ago down at the end and that is why there is a little bit of hard feelings there because they were going down there and he could probably tell you. They were dumping things off and the bad thing about this, this is the second time we’ve had to pay $70 and come before you because it wasn’t done properly under grandfathering. If it would have been done properly this would never have come to light. That is what the miscarriage of justice on the whole thing was. When you grandfather it shouldn’t of been a campground, like where you park trailers and stuff like that. It should have been zoned properly. That is why we have to get it because what was it 6 or 8 years ago when ever Liberty Township ever decided to go with the County Zoning rules, that is when the problem came up. This camp has been there, my father I don’t know how many years ago help plant the Christmas trees, they were Christmas trees then, they are big now and half are dead now, just like that generation is. You know this thing has been there a lot longer than 14 years and it has always been a boy scout camp and I don’t think we should have to do extra things just to appease people that move in there.

David Stimmel stated, wait what is the, is it large

Clay Watson stated, well there is large boar and small boar. During our summer camp season we shoot .22s and shot guns, but the County and the Monticello Police Department are using our range now. They have abandoned the range over by the FOP, they are using our range now.

Art Anderson stated, the State Police every once in a while come out there too.

Clay Watson stated, the conservation office comes out there too. It really is a nice range and we are getting some usage out of it.

Art Anderson stated, the only changes in the range have been for more safety. The head Boy Scout oh what do you call it out there in Washington or where ever out there, they come and inspect it every year. Each year as O.S.H.A. changes laws and everybody else changes laws. They want to upgrade, so everything that has been done has been upgraded for safety. Eventually that will be on sewer.

Clay Watson stated, we put a 10’ berm embankment around it to block any of the…

Carol Stradling asked, is there anything else that can be done to deaden the sound on that range?

Terry Beasy stated, I’m Terry Beasy. When the range was constructed we petitioned with the National rifle association to get plans for their ideal gun range. We took their safety plans and we added safety items to that. The berms are 15’ high instead of the required 10’ high. The area is in the middle of a tree plantation. There are trees 360 around the whole area. The area is now operated and is able to support and has been inspected by the County Sheriff Association, Town Marshals. Several local conservation groups are also using that area. It has been offered for use to the 4H clubs. No one has any where else in the County a NRA approved range for those activities. Everything was done properly in the zoning when the rifle range went in. We came in and asked questions about where it should be and if there were any zoning issues and so forth and so on. It has been built on the best interest of safety and in the area around the back edge of the firearm range or complex there is also a safety fence as you are aware if you have any involvement in the Boy Scout camp. There are a lot of Boy Scouts, Cub Scouts that are in the camp during summer camp, so we put a safety perimeter out in the trees out around that as well. The maximum distance we figures that any of projectiles would travel and that has been labeled with firearms use do not enter and it doesn’t come close to the property lines.

Carol Stradling asked, what does that perimeter look like? Is it chain link or is it?

Terry Beasy stated, it is a single strand of high tensile fence with signs hung every 50’ I believe.

Clay Watson stated, no it is more like 20’.

Terry Beasy stated, our goal was to keep the scouts out of that area while the firearms are in use in case there would ever be a safety item.

Gary Barbour asked, what hours is the range used in?

Terry Beasy stated, right now the range is predominately used by summer camp. Those hours, I think we had a cut off last year of 9:30 at the range in the evening. The White County Sheriff Department does use that in the evening hours for their low light training situations, but it is not strung past 9:30 or so.

Clay Watson stated, we start about 9:00 a.m.

Art Anderson stated, the other thing you need to think about.

President Jerry Thompson stated, Art.

Art Anderson stated, is that they can duck hunt right out in front of their property and shoot all day long, so they can get shooting from either side. It is not the Boy Scouts hunting, I mean duck hunters can go right out there and sit right out in front of their place and shoot.

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

Robert Pecor stated, I’m Robert Pecor, 9658 Downey Drive. This is right adjacent to the Boy Scout Camp. I have no problem with the Boy Scout at all, they do a fine job. I have no objection to a shooting range. I’m a hunter and a shooter myself. I wish, I came from Valparaiso down here and made several phone calls and Diann faxed me some information, but my question is what is a special exception for if it was a boy scout camp and grandfathered. They shoot.

Attorney Altman stated, it is to put them into compliance so when they want to add a structure that is within the setbacks or something like that, that they don’t have to come back to the board to do that. They get their building permit like you would have to do or I would have to do if I’m putting an improvement in.

Robert Pecor asked, they don’t have to have a building permit to build then?

Attorney Altman stated, yes they do.

Robert Pecor stated, oh they do.

Attorney Altman stated, they would have to have it like you and I would.

Robert Pecor stated, if the property or when the property is sold will this here special exception go with the property or does it have to come back in for another variance?

Attorney Altman stated, I think a very instrumental apart of this application is the fact that it is a Boy Scouts. The Boy Scouts are a part of this application and this would control it. If someone else different then the Boy Scouts yes, it would have to have a review of that. That is and I hear everyone talking about how this is the Boy Scouts and their involvement is controlled by the Boy Scouts and for the Boy Scouts. Yes it would clearly have to.

Robert Pecor stated, that includes campgrounds and we have had problems before, not problems before, but the reason for the road closing, you said it cost you $70, I spent $450 to keep that road open. I had a stroke down there, I could not get any service from the County at all. I had to drive my car to the hospital with my right side paralyzed. I wanted that road open so they could come either way. There is a drain in the road, which has been plugged twice, now we are getting off the subject, but to his comments that is the reason I want the road open. Triple by-pass, stints later, and I need service. I spend money too. Hard feelings, I have no hard feelings to the Boy Scouts what so ever, I was a Boy Scout at one time.

Art Anderson stated, I didn’t mean that way, what I meant was we were trying to keep the thing cleaned down there.

Robert Pecor stated, well they plugged the drain up and I put a screen over the drain, now they come in there and close the outlet of the drain. That crosses the easement. They wanted a mud hole for a reason. One reason is so they could close the road. As long if they sell the property they have to get it rezoned, I have no problem with that. My problem is at one time, they were trying to sell that to my information for a KOA campground. That is why they wanted to close the road, whether that information is correct or not, I do not know.

President Jerry Thompson stated, I see a lot of no’s behind you. I know nothing.

Attorney Altman stated, I think this is off the subject right now, but thank you.

President Jerry Thompson stated, I know it is.

Clay Watson stated, first thing is we have no intentions to sell and we have been here for 60 years. Hopefully we can be here for another 60 years. The road closure Mr. Pecor you realize when we tries to close the road there were some empty lots there, we were having a lot of partying going on and other people and we were getting some vandalism. We wanted to close the lots. The lots are developed right now and we have no problems now, things have straightened up now. We have no intentions of trying to close the road again.

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

Carol Stradling stated, I would like clarification Jerry. If we grant the special exception tonight that travels with the property or that ceases if the Boy Scouts would choose to sell this property.

Attorney Altman stated, cease with who owns the property.

Carol Stradling stated, if the Boy Scouts were to sell this property the special exception would no longer be applicable.

Attorney Altman stated, if would have to be modified to conform to a new owner and use. Say the Girl Scouts wanted to buy it.

Carol Stradling asked, they would have to reapply?

Attorney Altman stated, yes, they would have to reapply. It sounds to me that they would be the exact same commission that you are having. It would go ahead.

Carol Stradling stated, to me I understand there is a lot questions that perhaps this was rezoned improperly I’m not sure what the proper zoning would be.

Art Anderson stated, there isn’t one.

Carol Stradling stated, but my understanding is no matter what it is zoned that a special exception would have to be requested. The reason for that is because if not, if the Boy Scouts choose to leave and I know of several situations where girls scout camp have closed, boy scout camps have closed. Then if there is no special exception then that property could become anything, if you want to call it a park, a campground it could be anything that would comply with that and I hope that we can put to bed this issue of we shouldn’t have to be here. I heard it last time and I have heard this time, you are here and you need to be that is the law and can we please be done with that. We have before us a special exception application and that is what we have before us. That is the issue that we need to address whether it was properly zone, whether it was a park, or a campground it is really, I think irrelevant unless you can show me how that has some relevant to this discussion here tonight can we keep that off the table. There is a special exception you want to continue to use as a Boy Scout camp and you have been a Boy Scout camp.

Clay Watson stated, I think that is a question that Area Plan has to answer.

Carol Stradling stated, I don’t think we need to answer that is my point, we have a special exception application before us. That is the issue. If you want to change the ordinance you need to go through the County. You don’t change the ordinance here. This is not what this board does. We act upon the ordinance as it is written. We are currently everyone of these members here was at a two hour meeting the other night we will have more meetings so that we can get an ordinance that functions the way it needs to so it is appropriate for the people. I have heard Mr. Watson and I have heard other people talk about how it is totally unfair it is what it is and we deal with it according to what it is now. It is not changed yet, let's deal with what we have in front of us. That is a special exception.

President Jerry Thompson stated, thank you Carol.

Art Anderson stated, the one question that I had which didn’t make much sense if the exception is granted and it goes through Jerry said if it would change to like a girl scout camp or a church camp it would still be a camp, so this is still, that is what I’m trying to go for you.

This exception as long as it is a camp would still be a camp.

Carol Stradling stated, my understanding is only as long as the Boy Scouts own it.

Attorney Altman stated, it would have to be reviewed.

Carol Stradling stated, if the boy scouts sell it, it would have to come before the board again to see if the new owner would be an accepted resident in that location as a camp. The other situation we would be forced to do is say okay we can rezone this and okay it can be a campground, if they choose to leave the neighbors could choose to have a KOA there or any other if there is a special zoning that would grant that.

Art Anderson stated, they things that kind of worries me is about what you just said, right now it is zoned a campground, am I not right.

Carol Stradling stated, whatever zoning qualifications we have and correct me if I’m wrong. If it is A-1, or wherever a campground can be located no matter what it is zoned it needs a special exception no matter what it is zoned.

Director Weaver stated, a campground has to have a special exception.

Carol Stradling stated, the reason for that is because you don’t want anybody coming in with any kind of campground.

Art Anderson stated, that is what was kind of worrying me is what you said.

Carol Stradling stated, in a particular area.

Art Anderson stated, I said wait a minute it is a campground that was what the problem was.

Carol Stradling stated, well Mr. Watson wanted to say it was a park and I guess my point is, the reason it needs to be a special exception is to protect the residence and the community around it. We are not rezoning it, it may have been improper perhaps, I don’t know of anything it could be zoned that it would not require a special exception.

Clay Watson stated, I’m confused a little bit I think, Diann help me on this if you can. We are trying to be zoned a campground.

Director Weaver stated, a Boy Scout camp, a special exception

Clay Watson stated, I thought it was for a camp not labeled as a Boy Scout camp.

Director Weaver stated, when we did the request we did it for a Boy Scout Camp.

Clay Watson stated, I didn’t know that the Boy Scout Camp was attached to it, I thought it was a campground.

Director Weaver stated, we did the application as a Boy Scout camp, not a campground. We are treating it similar to a campground, the process and the zoning.

Clay Watson stated, what do I need to do.

President Jerry Thompson stated, you are done.

Several are talking at once.

President Jerry Thompson asked, is there any more discussion?

Terry Beasy stated, understand that the application was made by the Boy Scout Camp Sagamore Council, we have no issue with the board voting and restricting the special use exception to the Boy Scout Camp at this time because that is the way the requisition was made and fully understand that if the property were to change hands it would need to come back for another special use exception before another campground could go in. If that campground would happen to be the girl scouts and the board would approve that the girls would be similar to the Boy Scout it would be the boards decision to prevent a KOA or something else from becoming a part of that property.

President Jerry Thompson stated, it is on the record. Carol is there anything else, you have done well. Gary anything, Dave Scott, or Dave Stimmel.

David Stimmel stated, I’m voting.

Without further discussion the board voted.

The Board finds the following:

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


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


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


4. That objectors were present at the meeting.


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

6. That the request is for a special exception to bring the existing Boy Scout Camp into compliance on the Southwest quarter of the Southeast quarter of Section Eleven (11), Township 28 North, Range Three West, containing 40 acres, more of less. Also the East fractional half of the Southwest quarter of Section Eleven (11), Township 28 North, Range Three West, containing 78 acres, more less, and containing in all 118 acres more or less.

Commencing at a point which is the Southeast corner of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section Eleven (11), Township Twenty-eight (28) North, Range Three (3) West in Liberty Township, White County, Indiana; thence North in the middle of a public highway between Section Eleven (11) and Section Twelve (12), North Two (2) Degrees West a distance of two thousand five hundred ninety (2590) feet; thence West one thousand eight hundred thirty-three (1833) feet; thence South twenty-two (22) Degrees West thirty-two (32) feet; thence South Eighteen (18) Degrees West three hundred and twenty-three (323) feet and six (6) inches; thence South thirty-seven (37) Degrees West one hundred and ninety-seven (197) feet; thence South thirty-six (36) Degrees West one hundred and twenty-one (121) feet; thence South forty-two (42) degrees West three hundred and twenty-eight feet; thence South forty-three (43) Degrees thirty (30) Minutes West one hundred and two (102) feet; thence South fifty-eight (58) Degrees thirty (30) minutes West two hundred and thirteen (213) feet; thence South one thousand five hundred and forty-five (1545) feet in center of public highway to the Southwest corner of the Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4) of Section Eleven (11), Township Twenty-eight (28) North, Range Three (3) West; thence East two thousand six hundred sixty-four (2664) feet to the point of beginning, containing 144 acres, more or less, being part of the North half of the Southeast Quarter of Section 11, Township 28 North , Range 3 West, and Part out of the South Half of the Northeast Quarter of Section 11, Township 28 North, Range 3 West.

COMMON DESCRIPTION: The property is located Northeast of Buffalo at 9400 N. Boy Scout Road.


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.


****

#2398 Rangeline Properties, Inc., Owner; Jeff VanWeelden, Applicant; The property is located on 4 acres, West of Monticello on the Northeast corner of Division Road and County Road 300 E.

Violation: They are currently using this property to store dumpsters without having an approved special exception for a waste facility.

Request: They are requesting a special exception for storage of business equipment.

Tabled until the March 17, 2005 meeting.

****

#2399 Gerald & Linda A. Fitzgerald, Owner; Stevenson Construction, Applicant; The property is located on Lot 10 and the N ½ of Lot 11 in Diamond Point Subdivision, East of Monticello at 1178 N. Diamond Point Court.

Violation: None

Request: They are requesting a .7’ elevation variance to build an addition at the same floor level as the existing house.

President Jerry Thompson asked, sir you are?

Eric Stevenson stated, I’m Eric Stevenson.

President Jerry Thompson asked, you are part of Stevenson Construction?

Eric Stevenson stated, yes.

President Jerry Thompson asked, what do you have for us tonight?

Eric Stevenson stated, nothing, I’ll just answer any questions.

President Jerry Thompson stated, okay I will go back to Diann. Diann do you anything.

Director Weaver stated, no, you do have a letter that is signed and notarized by the Fitzgerald’s giving Eric Stevenson permission to represent them this evening. You do have a set of the floor plans, copy of the elevation letter and copy of the DNR.

President Jerry Thompson asked, Jerry do you have anything?

Attorney Altman stated, with the recent higher water have you noticed how high it get son their…

Eric Stevenson stated, he said about a year ago in July we had the big rains, it was higher than what it had been recently. It got up to, oh up in his front yard. The water was still 50’ from the house and at the elevation it was still before 2’ to 3’ below the level of the house and I’m guessing.

Attorney Altman stated, that was pretty high water.

Eric Stevenson stated, yes.

President Jerry Thompson stated, Diann, you look like you have something else.

Director Weaver stated, I just in the pictures I tried to show the elevation from the water to the house. I don’t know if I succeeded.

(they are currently going over the pictures, showing where the water is to the house)

President Jerry Thompson asked, does anyone else care to address the variance either for or against? Dave Stimmel let's start with you, do you have anything?

David Stimmel stated, no.

President Jerry Thompson asked, Dave Scott?

David Scott stated, no

President Jerry Thompson asked, Gary?

Gary Barbour stated, no.

President Jerry Thompson asked, Carol?

Carol Stradling stated, I’m not, I’m missing something here with the math. The flood ordinance requires the floor elevation to be 624.6 and they are requesting it to be 623.9?

Director Weaver stated, yes.

Carol Stradling stated, okay so less than a 1’.

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 .7’ elevation variance to build an addition at the same floor level as the existing house on Lot 10 and the North Half of Lot 11 in Diamond Point Subdivision in Union Township, White County, Indiana.

COMMON DESCRIPTION: The property is located East of Monticello at 1178 N. Diamond Point 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.


****

#2400 Frank & Penny Kuba, Owner; Doug Barnard, Barnard Construction Inc., Applicant; The property is located on Lot 3 in Hanna Subdivision, North of Monticello at 3354 E. 425 N.

Violation: None

Request: They are requesting a 10’ East side setback variance and a 25’ rear setback variance to allow living quarters in an accessory building, pending future construction of other residence.

President Jerry Thompson asked, you are?

Doug Barnard stated, I’m Doug Barnard.

President Jerry Thompson asked, of?

Doug Barnard stated, Barnard Construction, I’m representing Mr. & Mrs. Kuba. They are from Chicago both working this evening. They asked that I come and represent them, and I believe that we have a letter on that.

President Jerry Thompson asked, do you have anything?

Doug Barnard stated, what we have is they bought a piece of property up on 425 N. We put a garage up and they’ve decided that it is going to be 2 or 3 years before they build a house. Instead of coming down to a hotel room to get the yard mowed etcetera, they would like to put an apartment in the end of the garage until the house goes up. Once the house goes up, we understand and are fully aware that you can’t have two residences on the same lot and we have to address all of that and take the kitchen out.

Director Weaver stated, I would like to back up a little bit. When the application was first made it included the apartment or living area on the application and we explained to Doug that we could not issue it at that time due to the fact it was not meeting the setbacks. Anytime that they have living space in the building we require them to meet the setbacks for a dwelling. It could not meet those requirements, so Doug went ahead and got the permit for the garage, knowing he would have to come back and get the variance for the building before he could put the living quarters in it.

Attorney Altman stated, so the structure on the survey is actually what we gave a permit for, for a garage.

Director Weaver stated, right.

Attorney Altman stated, if we don’t give them the variance it is a garage.

Director Weaver stated, yes, I would like to know how far that apartment has gone.

Doug Barnard stated, we’ve….

Director Weaver stated, I was told the other day that there is a toilet and tub that has been put in.

Doug Barnard stated, the plumbing has been roughed in, yes. No kitchen etcetera and if this is denied they can not live there. To have a game room with a bathroom which is what they intend it to be once the house is put up.

Director Weaver stated, I just wanted it clarified, I did not see it.

President Jerry Thompson asked, does anyone want to address the variance either for or against? Okay Carol you first.

Carol Stradling asked, why are they putting it so far back?

Doug Barnard stated, that is where everything else is.

Carol Stradling stated, that is where the other houses are even further.

Director Weaver stated, the one to the West is not that far back.

Doug Barnard stated, the out buildings, the accessory buildings line up. The new house when it is put in will line up with the house to the West.

Director Weaver stated, the house to the East of this property is not in this subdivision, so at the time it was built had different setbacks.

Carol Stradling asked, where will the house go when it is constructed?

Doug Barnard stated, it will be to the North of the accessory building.

Director Weaver stated, you have a copy of the site plan that he submitted.

Carol Stradling stated, okay I see that now.

Doug Barnard stated, we are on the septic or the sewer I mean.

Attorney Altman asked, where is the well?

Doug Barnard stated, it is just where the to be determined mark is with a question mark. That is where it went real close to that about 10’.

Attorney Altman stated, (read a letter from the neighbors, see letter in file).

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

Carol Stradling stated, no.

President Jerry Thompson asked, Gary? 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 is a proper subdivision of land as provided by the White County Subdivision Ordinance.

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


4. That no objectors were present at the meeting.


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


6. That the request is for a 10’ East side setback variance and a 25’ rear setback variance to allow living quarters in an accessory building, pending future construction of other residence on Lot 3 in Hanna Subdivision in Union Township, White County, Indiana.

COMMON DESCRIPTION: The property is located North of Monticello at 3354 E. 425 N.

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

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


****

#2401 Danny G. & Susan K. Martin; The property is located on Lot 82 in Parse’s Forest Lodge Second Addition, North of Monticello at 5303 N. Stahl Road.

Violation: None

Request: They are requesting a 23’ front setback variance, a 5’ side setback variance and a 13’ rear setback variance to build a new home on the property.

President Jerry Thompson asked, you are?

Susan Martin stated, I’m Susan Martin.

Danny Martin stated, I’m Danny.

President Jerry Thompson stated, you have the floor.

Susan Martin stated, we don’t have anything just here to answer questions.

President Jerry Thompson stated, we will start with you Diann. Do you have anything?

Director Weaver stated, you have two sets of pictures that go with this. The property is kind of unique. I couldn’t show you the property well enough. You also have a letter from the sewer district stating that the property is on the sewers.

President Jerry Thompson asked, Jerry do you have anything?

Attorney Altman stated, where is the well?

Susan Martin stated, it is out on the side, the sewer is in the back corner between our house and the neighbor.

Attorney Altman stated, the neighbor to the South.

Susan Martin stated, we share a well.

President Jerry Thompson asked, anything else Jerry?

Attorney Altman stated, no.

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

Charlotte Keilman stated, I have a request.

President Jerry Thompson asked, what is your name.

Charlotte Keilman stated, I’m Charlotte Keilman.

Paul Keilman stated, I’m Paul Keilman.

President Jerry Thompson asked, what is your relationship?

Charlotte Keilman stated, we are the neighbors to the South. On this one corner where it shows the house to be 3’ from our property line, we would like for them to angle the house so it will be possibly 5’. If they can not do that right now the house that is there now is wider than the house that they are requesting. If they could angle that one corner so they are not 3’ from our property line we would like it farther away from our property line. That is our only objection. They are very good neighbors and as far as putting up a new house that will be quite an improvement over what is there.

President Jerry Thompson stated, okay thank you. Do you care to respond to their request.

Susan Martin stated, no we have no problem with, if what that will do is we will put a couple of feet on our front setback, we have plenty of room to do that. Our whole lot is in violation of everything.

Director Weaver stated, that is going to your request, which is going to require us to table this tonight so that the survey could be revised.

Danny Martin stated, it shouldn’t, it shouldn’t, it shouldn’t change the request for the front setback because the 2’ that they are asking for is what we are putting on there is 2’ less.

Carol Stradling stated, so in other words your front corner here towards Big Monon Bay will stay the same.

Danny Martin stated, yes.

Carol Stradling stated, you are just saying you won’t build it as wide.

Susan Martin stated, yes this shows 26’ and it will only be 24’.

Carol Stradling stated, this shows 24’.

Susan Martin stated, okay the existing house.

Carol Stradling stated, no this is….

Susan Martin stated, the existing house is 26’, so this is basically going to be in the same foot print it will be in 1’ on each side.

Danny Martin stated, this is the corner they want us to move.

Carol Stradling stated, correct.

Danny Martin stated, if you take 2’ this way and move this 2’ this way and take the 2’ off then it will be the same.

Carol Stradling stated, but it won’t be because you have requested a variance at this location also. If you move that forward you have not requested enough.

Danny Martin stated, we will not be moving that forward because it will be moving this side forward but with 2’ less. We are moving 2’.

Carol Stradling asked, is your house going to be 24’ or is it going to be 22’?

Danny Martin stated, it is going to be 24’.

Carol Stradling stated, the survey here says that this dimension from this corner to this corner 24’, if you move this corner up 2’ then you are going to have to move this 2’ because this is 24’. It has nothing to do with what your current house is.

Susan Martin stated, okay so it doesn’t matter that the house is there now.

Carol Stradling stated, no it has to do with what you requested, and you requested only 23’ if you move that forward 2’, you should have requested 25’. We can go the other way, but we can’t ask for more at this meeting.

Danny Martin stated, I’m not sure what the distance from this corner to this corner is.

Carol Stradling stated, the survey say it is 36’.

Danny Martin stated, okay that is the new place.

Carol Stradling stated, the new place is 36’ x 24’. So for them to move it 2’ you would have to reapply unless you want to cut 2’ off of here.

Director Weaver stated, not reapply, we would have to amend the request.

Carol Stradling stated, amend their request.

Director Weaver stated, and come back to the next meeting and get a revised survey as well.

David Stimmel asked, can we approve it with the amendment?

President Jerry Thompson stated, I don’t know.

Attorney Altman stated, it is not advertised.

David Stimmel stated, okay.

Director Weaver stated, that is right.

Attorney Altman stated, they can’t go forward.

Charlotte Keilman stated, the house that is there now is 2’ wider.

Attorney Altman stated, I understand that. You can cock the house to the North.

Danny Martin stated, I guess, we could.

Carol Stradling stated, that would move it to the lake.

Attorney Altman asked, is that a varied side can you tell.

Carol Stradling stated, yes all 3 of them are.

Attorney Altman stated, okay, then you would have to re-advertised.

President Jerry Thompson asked, are you on some kind of time restraint here?

Susan Martin stated, we are trying to get it torn down next week. We want to get our building permits.

Attorney Altman stated, you better wait on tearing it down to make sure you can put it back.

Susan Martin stated, that is why we wanted to start now so we can use it this summer.

Attorney Altman stated, if you are going to change it you will have to wait a month.

Susan Martin stated, for a month.

Attorney Altman stated, yes for a month.

Carol Stradling stated, if you had the room over here that would be no problem because you are asking for less. You would end up asking for more. You can’t move it over here.

Attorney Altman stated, I guess unfortunately, do you want to table it for a month.

Susan Martin stated I guess.

David Stimmel stated, they could comply with what they are asking for you can leave it as it is too. It is between neighbors.

Carol Stradling stated, you have to include the over hangs, so if they are 16” you need to include that.

Susan Martin stated, the house is 22’ the 24’ is with the overhang.

President Jerry Thompson stated, sir you started to mention something there.

Paul Keilman asked, I was just wondering who is the problem with.

Carol Stradling stated, that is not what we have advertised and they are asking for more of a variance than what is advertised. I’m not saying it would be a problem for them to come do that, but we’d have to wait.

President Jerry Thompson stated, for example if they wanted 10 and wanted to go to the 8 it would be acceptable. They can’t go from 10 to 12. Does that make sense? That is the position they are in right now.

Carol Stradling stated, in what they are requesting to vary. You can’t go closer to the property line than what you have requested. You can go further away, so they are asking to go further away from your property line is acceptable and if it didn’t put them closer to the other property line that would be an option, but since it is that has not been advertised.

Susan Martin stated, even though that front line is the water and there is nothing there.

Attorney Altman stated, it still has a setback. Your choose.

Danny Martin stated, this place is going to be shorter, on that corner where that bedroom is not going to be there.

President Jerry Thompson stated, okay where do we stand on this, I don’t need to be quick.

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 23’ front setback variance, a 5’ side setback variance and a 13’ rear setback variance to build a new home on Lot 82 in Parse’s Forest Lodge Second Addition in Monon Township, White County, Indiana.

COMMON DESCRIPTION: The property is located North of Monticello at 5303 N. Stahl Road.


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

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

****


#2402 Rangeline Properties, Inc., Owner; Jeff VanWeelden, Applicant; The property is located on Lot 1 in Korpita’s Corner Subdivision, West of Monticello at 19 S. 300 E.

Violation: None

Request: They are requesting a special exception for a waste facility.

Tabled until March 17, 2005 meeting.

****

#2403 William L. & Betty J. Abbott; The property is located at 7392 N. 1100 E.

Violation: None

Request: They are requesting a special exception to amend a previously granted special exception to extend the amount of time that the 1961 mobile home can stay on the property.

President Jerry Thompson asked, anyone here representing the Abbott’s?

William Abbott stated, I’m William Abbott. We have got a modular purchased.

President Jerry Thompson stated, you have purchased a modular.

William Abbott stated, I’ve got the receipt, it is just bad luck after bad luck it is not your guys fault. I’m doing the best I can do. I just need maybe until the first of July and I’m going to tear it down right where it is.

President Jerry Thompson stated, never the less we grant this it gives him a year doesn’t it.

Attorney Altman stated, no, not necessarily.

Director Weaver stated, you conditioned him to a year the last time.

William Abbott stated, yea, yea, yea. I undercut my self. Things just didn’t happen like they were supposed to.

President Jerry Thompson asked, do you have anything Diann?

Director Weaver stated, I would like for the board to know that this is not yet a violation it is not something that I went to Mr. Abbott and said if was time to get it out. He came into the office and said I can’t have it out in time, what do I need to do.

President Jerry Thompson asked, Jerry do you have anything?

Attorney Altman stated, Mr. Abbott do you have with you your purchase receipt?

William Abbott stated, yes it is right here.

Attorney Altman asked, can I see that and maybe get a copy of that? He has a partial payment on a home at Patriot.

President Jerry Thompson asked, does anyone care to address either for or against? Dave Stimmel, Dave Scott?

David Scott asked, how much time do you need?

William Abbott stated, hopefully before July, I thought I would have it in year.

David Scott asked, so do you want to do it for a year or 6 months?

President Jerry Thompson stated, 6 months would put him at August.

Attorney Altman stated, someone like him that comes in deserves more time.

David Scott stated, then give him a year then.

President Jerry Thompson stated, that is fine. Gary?

Gary Barbour stated, I’m fine with that.

President Jerry Thompson asked, Carol?

Carol Stradling stated, 6 months is…

President Jerry Thompson stated, I threw out the 6 months and Dave said a year. Like Diann said he did come into the office and made us aware of this.

David Stimmel stated, I don’t think I want to hear the answer to this, but what has been the hold up for a year?

William Abbott stated, believe me, for starters I lost my dad, it just went down hill from there.

David Scott asked, where is your closest neighbor?

William Abbott stated, right here, right here. I’ve got 10 acres.

David Scott asked, are you the only one on the 10 acres?

William Abbott stated, yes, yes. The guy next door has 10 acres and he is clear on the other side of his property with his house. The guy on the corner has an acre.

David Scott stated, then you don’t really have any close neighbors.

William Abbott stated, no.

President Jerry Thompson asked, so what do you think Carol?

Carol Stradling stated, I want to allow enough time so he doesn’t have to come back here, but I know you were very determined the last time also and you didn’t then a year would be required. So I know things back up. A year would put him back here in February.

David Scott stated, you are going to build the modular and then take this down once that gets done.

William Abbott stated, right.

David Scott stated, the weather controls some of this.

Carol Stradling stated, is there a lot you can do after the fall, can we give him 9 months. Then you can shoot for fall instead of February. That would put him in by Thanksgiving.

President Jerry Thompson stated, so yell out a number.

Carol Stradling stated, I think 6 months is probably two short.

David Stimmel stated, I move that we move it to 9 months.

Carol Stradling stated, I will second it.

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

Without further discussion the board voted.

The Board finds the following:

1. That the report from the inspection was provided and covers all required areas, see file for exhibit.

2. That no objectors were present at the meeting.

3. That proper notice was given by newspaper advertisement.

4. That the request is for a special exception to allow a 1961 Mobile Home to be brought into White County as required by Section 12.00 of the White County Zoning Ordinance.

5. That the variance herein authorized and granted is 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 improvement, 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 10.20 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 section of zoning ordinance.

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

****

President Jerry Thompson asked, Diann do we have some extra information here in front of us?

Director Weaver stated, the copy of the new amendment for your books. You will have one more coming we did a front yard. We voted on the front yard amendment at the APC meeting. Greg Bossaer brought that other paper in the office today and thought that David Stimmel had requested that and was interested in attending this seminar, so I made copies for everyone.

The department does pay for training, but I don’t think there is charge on this one. Any time that there is a seminar the office does have the funds to pay for that, we can’t pay for mileage though.

President Jerry Thompson stated, yes Terry.

Terry Beasy stated, I would like to address the board if I could. I greatly appreciate your participation this evening and I am sorry for what came about. I had no idea what was getting ready to happen. We have made an application from Liberty Landfill to be in front of this board next month and I would like to officially extend the invitation for you folks to come out and review our operations ahead of that if you would like too. I did find out today that I will bring an aerial in that shows everything and leave it with Diann. They are rather expensive and she will have it and I don’t know if it is possible, if it is copied down it would be too small. If you would like to come out and tour the facility, if it generates and questions or documents from things that you would like for me to bring to the board officially in front of the board. There is a lot entailed with the landfill. I do understand that, and it may be new to some of you folks on the board. The technology has changed greatly over the last 15 years and would be tickled to death to inform of you so you can make an informed decision when it comes time. Thank you very much.

President Jerry Thompson stated, before I forget we did not approve the minutes in your packet so don’t give them a heave ho.

Director Weaver stated, also if you would hang on to Rangeline property information. I would appreciate that.

Attorney Altman stated, I guess I want to report that is we had our citation hearing on Mr. Williamson, the Judge asked him if he could read and write and asked him why he didn’t do what he was required to do within the 90 days.

Carol Stradling stated, this is the one with the front and side porch in Brookston.

Attorney Altman stated, he finally did, he did it.

Director Weaver stated, he hasn’t got his permit yet.

Attorney Altman stated, the citation was continued for a month, so presumably we won’t have to go there. The judge was rather blunt.

Carol Stradling asked, this was Thacker.

Attorney Altman stated, no it was Mrzlack.

Carol Stradling stated, I apologize if I got on my horse.

David Stimmel stated, you didn’t you were great.

President Jerry Thompson stated, you were great and I enjoyed that seeing someone else than me get warmed up.

David Stimmel stated, you did great Carol.

President Jerry Thompson stated, you did very well, you explained yourself well.

David Stimmel stated, Clay was finally getting it just be quiet. It is over.

Carol Stradling stated, I don’t know that he ever realized that if it were zoned something I mean whatever it was zoned. If the boy scouts left what would it become and does he really want that to happen, maybe the boy scouts won’t leave. There have been many, many camps that have gone under and what becomes of them. Thank you.

President Jerry Thompson asked, Gary, Dave and Dave.

The meeting adjourned.

Respectfully submitted,

Gary Barbour, Secretary

Diann Weaver, Director

White County Area Plan Commission