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

Visitors attending were: Terry Beasy, Jim Davis, Doug Kammerer, Peg Kammerer, Chuck Jacobsma, Jason Cottrell, Cathy Klopfenstein, Jeff Klopfenstein, Robb Haworth, Troy Sherrick, Terri Conwell, Greg Conwell, Les Brady, Jerry Bonnell, Beulah Widner, ?, Evelyn McCall, Ed McCall, Harry Duvall, Dan Hanenkratt, Brad Smock, Pete Tetzloff, Ryan Long, Rick Long, Craig Kelley, Frances Deno, Clay Watson, Shelly Beasy, Tom Bryja, ?, Elizabeth Anderson, Kim Schnelle, Jake Dawson, Ann Millikan, Don Pauken, Floyd L. England, Rebecca Trent, Susan Case, Becky King, Lee King, Allen Howe, Tim L. Segal, Ingrid Landis, Greg Stigers, Terri Raines, John Raines, Jeff Tribbett, Patty Miller, Darryl Miller, Neal Hayden, Walt Hough, Mick Berkshire, Rodger Bertram, Andy ?, Cory Scott, Rick Moore, and Carol Skaggs.

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 December 3, 2002 meeting. Motion was seconded by Gary Barbour and carried unanimously. David Stimmel made a motion to dispense with reading and approve the minutes of the December 16, 2004 meeting. Motion was seconded by Gary Barbour and carried unanimously. David Scott made a motion to dispense with reading and approve the minutes of the January 20, 2005 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 February 17, 2005 meeting. Motion was seconded by Gary Barbour and carried unanimously.

Attorney Altman swore in all Board members and audience members.

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#2392 Stanley & Amy Williamson; The property is located on Lot 1 in Block 6, in the Town of Brookston at 501 S. Prairie Street.

Violation: None.

Request: They are requesting to amend the variance to a side setback on 5th Street from 8’ to 3.2’ so that the enclosed porch structure meets setback requirements, pursuant to White County Zoning Ordinances.


President Jerry Thompson asked, anyone here representing this variance?


Rebecca Trent stated, good evening board, my name is Rebecca Trent and I represent Stan and Amy Williamson. We are here this evening to correct a typographic error from when I was here on December 16 and you voted on doing a setback for the Williamson. The original petition that we had filed said the side setback was off of Prairie. The side setback was off of 5th Street. It is a corner property and I think you may remember our discussion the setbacks on the variance streets. We are just requesting the, the applicant had went to go get his building permit and they thought it was wiser to go ahead and re notice it and have you re-approve it with the correct wording on the petition originally should have been 5th Street instead of Prairie Street. Just here to ask that you re-approve basically the variance that you had previously granted.

President Jerry Thompson stated, I think we have been through this before, do we have something that says that she can represent.

Attorney Altman stated, yes, we do she is their attorney.

President Jerry Thompson stated, Diann do you have anything?

Director Weaver stated, no.

President Jerry Thompson asked, Jerry?

Attorney Altman stated, no, this is exactly what Ms Trent has indicated, it was a typographic error and we advertised it and it is appropriate to be heard at this time.

President Jerry Thompson asked, anyone here care to address this issue either for or against? Gary do you have anything?

Gary Barbour stated, no.

President Jerry Thompson asked, Dave Scott anything?

David Scott stated, no.

President Jerry Thompson asked, David Stimmel?

David Stimmel stated, no.

President Jerry Thompson stated, if there is nothing else, we ready to vote?

Without further discussion the board voted.

The Board finds the following:

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


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


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


4. That no objectors were present at the meeting.


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


6. That the request is for a to amend the variance to a side setback on 5th Street from 8’ to 3.2’ so that the enclosed porch structure meets setback requirements, pursuant to White County Zoning Ordinances on Lot Number One (1) Block Number Six (6) in the Original Plat of the Town of Brookston, White County, Indiana.

COMMON DESCRIPTION: The property is located in the Town of Brookston at 501 S. Prairie 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.


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#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. Tabled from February 17, 2005.

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.

President Jerry Thompson stated, this has been tabled until our April 21st meeting.

Attorney Altman stated, at which time it will be heard or dismissed.

President Jerry Thompson stated, everyone here understands that this has been tabled.

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#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. Tabled from February 17, 2005.


Violation: None

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

President Jerry Thompson stated, this has been tabled until the April 21st meeting.

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#2404 Chambers Liberty Landfill, Inc, Owner; Waste Management of Indiana, LLC; Applicant;


The property is located on 1.377 acres, 29.229 acres, 55.051 acres and 80 acres, more or less, East of Buffalo at 8635 E. State Road 16.


Violation: None

Request: They are requesting a special exception to bring the existing landfill into compliance.

Attorney Altman stated, just for the record you said it was for a variance. Then you said it was for a special exception. This is only a special exception.

President Jerry Thompson stated, okay I did not realize that. I don’t see that in there.

Terry Beasy stated, I’m Terry Beasy. I would like to speak to the board a little bit this evening. We have a good presence in White County. Last year Liberty’s payroll was in access of $600,000. All but one employee resides in the county and they all have families and homes. They pay income tax, property tax, their children use the schools, so forth and so on. In 2004 our community support was valued at, through our county process at about $40,000. Also in addition to that some of the past projects that we have been involved in are the restoration of the bell tower, playground and parking area of the Buffalo school area, remodeling of the concession stand at the Royal Center ballpark for their little league, donated some fire equipment to the Buffalo Fire department and they have in turn loaned some of that and it is still loaned today to the Monticello Fire Department, we participated in the toys for tots, help local families with deposal needs in time of crisis, we participated in the lakes clean up, made donations to the Pioneer High School band, we participated in the Cass Township library card purchase, we have supported the 4-H fair through livestock auction, and different projects. We have supported local wildlife, made drainage repairs, wildlife food plots. In 2005 so far this year we are already looking at a 4-H endowment donation. Sponsor the Boy Scout field day, library cards for Cass Township again and a power plant that we are putting in at the landfill to generate electricity. We have had several projects. Also we have had several people in the community come out this evening to support us and I would like to see if all of those in the audience in support of the landfill could please raise your hands. Thank you.

President Jerry Thompson asked, Diann do you have anything?

Director Weaver stated, no I do not.

President Jerry Thompson asked, Jerry anything?

Attorney Altman stated, I have a couple of questions. This is a special exception and you would be expanding the area for the landfill beyond the area for the last special exception was granted for.

Terry Beasy stated, there has never been a special exception granted to the property. It was simply grandfathered. In the plans that were submitted to the board that shows the landfill footprint, we do not anticipate expanding the landfill beyond the footprint on that property at this point.

Attorney Altman stated, the area like the 40 acres that you purchased or have that is along the highway East of the landfill footprint, that is new ground for your enterprise.

Terry Beasy stated, that property is not included in this special exception. This is only on the property that the landfill resides on at this point.

Attorney Altman stated, that would be the property that is, or the mound, so we know what we are talking about.

Terry Beasy stated, yes, now there are portions that have not yet been constructed that are contained within the map that will be constructed.

Attorney Altman stated, part of the mound.

Terry Beasy stated, yes, part of the initial approval from the Indiana Department of Environmental Management they tightly control where we build the landfill, how high we build the landfill, so forth, and so on.

President Jerry Thompson stated, thank you.

Director Weaver stated, I do have an aerial photo here that was supplied by Mr. Beasy if any of you want to look at this.

Attorney Altman asked, would this be the landfill footprint that you are talking about?

Terry Beasy stated, yes, this would be the permit solid waste boundary that is indicated on the map.

Attorney Altman asked, that is what you are asking for the special exception for?

Terry Beasy stated, yes, it was also our understanding that because the property was all deeded together we need to ask for a special exception on the entire property. That is why we have proceeded in the manner we have.

Attorney Altman stated, I understand, we just want to make sure we all understand what you are doing.

President Jerry Thompson asked, does the board have any questions for Mr. Beasy before I?

Anyone here cares to address the issue either for or against.

Terry Beasy stated, in answer to your questions Jerry, there could be minor or subtle changes made in the landfill footprint through a minor process through IDEM, there again those are all submitted to the local White County Health department, the White County Commissioners, so forth and so on. There is a large degree of public involvement in those changes and the public voice and the unit local government have input into those changes.

Attorney Altman stated, you would submit those to us so that we can make sure that there is a need to have a new special exception we do that at that time.

Terry Beasy stated, yes.

David Stimmel stated, I was just thinking that as long as this was in the 80 acres lot there would not be an issue.

Attorney Altman stated, I suppose they could but they would have to be changing it real significantly, that is the way I would talk to the board, if they change it significantly they would need a special exception to protect them. The special exception is for what is.

President Jerry Thompson asked, anything else Dave?

David Stimmel stated, no.

President Jerry Thompson asked, Dave Scott?

David Scott stated, no.

President Jerry Thompson asked, Gary Barbour?

Gary Barbour stated, no.

Without further discussion the board voted.

The Board finds the following:

1. That the building site is properly zoned I-2, General Industrial.

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 special exception to bring the existing landfill into compliance on that part of the South Half of the Southeast Quarter of Section 12, Township 28 North, Range 3 West, Liberty Township, White County, Indiana, being a part of the land as described in Deed Record Book 229, Page 656, White County Recorder’s Office, more fully described by, Basis of Bearing; State Plane Coordinate System. (West Zone)

Commencing at the Southeast Corner of the South Half of the Southeast Quarter of said Section 12: thence North 00 degrees 26 minutes 17 seconds West along the Section Line and the Centerline of County Road 900 East a distance of 1123.75 feet to the point of beginning; thence South 87 degrees 39 minutes 59 seconds West a distance of 300.00 feet; thence North 00 degrees 26 minutes 17 seconds, West a distance of 200.00 feet; thence North 87 degrees 39 minutes 59 seconds East along the Fractional Section Line a distance of 200.00 feet; thence South 00 degrees 26 minutes 17 seconds East along the Section Line and the Centerline of County Road 900 East a distance of 200.00 feet to the point of beginning, containing 1.377 acres.

That part of the South Half of the Southeast Quarter of Section 12, Township 28 North, Range 3 West, Liberty Township, White County, Indiana, being a part of the land as described in Deed Record 229, Page 656, White County Recorder’s Office, more fully described by: Basis of Bearings: State Plane Coordinate System (West Zone)

Commencing at the Southeast corner of the South Half of the Southeast Quarter of said Section 12; thence South 88 degrees 12 minutes 46 seconds West along the Section Line and the Centerline of State Road 16 a distance of 1900.00 feet to the point of beginning; thence South 88 degrees 12 minutes 46 seconds West along the Section Line and the Centerline of State Road 16, a distance of 978.56 feet; thence North 02 degrees 11 minutes 48 seconds East along the Quarter Section Line a distance of 1299.63 feet; thence North 87 degrees 39 minutes 59 seconds East along the Fractional Section Line a distance of 979.25 feet; thence South 02 degrees 11 minutes 48 seconds West a distance of 1308.99 feet to the point of beginning; containing 29.229 acres.

That part of the South Half of the Southeast Quarter of Section 12, Township 28 North, Range 3 West, Liberty Township, White County, Indiana, being a part of the lands described in Deed Record Book 229, Page 656, White County Recorder’s Office, more fully described by: Basis of Bearings: State Plane Coordinate System (West Zone)

Beginning at the Southeast corner of the South Half of the Southeast Quarter of said Section 12; thence South 88 degrees 12 minutes 46 seconds West along the Section Line and the Centerline of State Road 16 a distance of 1900.00 feet; thence North 02 degrees 11 minutes 48 seconds East a distance of 1308.99 feet thence North 87 degrees 39 minutes 59 seconds East along the Fractional Section Line a distance of 1540.31 feet; thence South 00 degrees 26 minutes 17 seconds East a distance of 200.00 feet; thence North 87 degrees 39 minutes 59 seconds East a distance of 300.00 feet; thence South 00 degrees 26 minutes 17 seconds East along the Section Line and the Centerline of County Road 900 East a distance of 1123.75 feet to the point of beginning, containing 55.051 acres.

The North half of the Southeast Quarter of Section Twelve (12), Township Twenty-Eight (28) North, Range Three (3) West, containing Eighty (80) Acres, more or less, in Liberty Township, White County, Indiana.

COMMON DESCRIPTION: The property is located East of Buffalo at 8635 E. State Road 16.


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 4 affirmative and 0 negative.

Terry Beasy stated, my question is, they APC meeting we went to on Monday this special exception would be contingent upon the County Commissioners adopting the zoning on Monday morning?

Director Weaver stated, yes Monday morning.


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#2405 Danny G. & Susan K. Martin; The property is located on Lot 82 in Parse’s Forest Lodge Second Addition, North of Monticello at 5303 Stahl Road.


Violation: None.

Request: They are requesting a 24’ front setback variance, a 3’ side setback variance and a 25’ rear setback variance to build a new home on the property.

President Jerry Thompson asked, ma’am you are?

Carol Skaggs stated, I’m Carol Skaggs. I’m sorry I have a notarized form here from Dan and Sue Martin, they were unable to attend the meeting tonight. I’m attending on their behalf.

President Jerry Thompson stated, okay, I heard part of that, I think I know what you are trying to tell us. Can I see that?

Attorney Altman stated, March 1, 2005, this gives Carol Skaggs or Robert Frances the right to speak in our behalf at the March 17, 2005 White County Area Plan meeting. This is in regards to the front, and side setback variance for request for a property located at 5303 N. Stahl Rd, in Monticello. Sincerely Danny Martin.

President Jerry Thompson stated, again for the record due to the noise would you give your name again?

Carol Skaggs stated, sure Carol Skaggs.

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

Carol Skaggs stated, no I do not.

President Jerry Thompson asked, Diann?

Director Weaver stated, I will fill you in on this. You have heard this similar request from this family last month. When they came in to get their building permit and we got their actual plans for their home, it didn’t agree with the survey. So therefore they went back and got a new survey done, it did reflect the new footprints of the home. They also believe moved it back from where they had originally requested, like the owner from the South had wanted done. So they were trying to honor their request as well, that is why it is coming back to you.

President Jerry Thompson asked, Jerry do you have this, does that need to be entered.

Attorney Altman stated, there is a letter from the Twin Lakes Sewer district. (See letter in the file.)

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

Gary Barbour stated, no.

President Jerry Thompson asked, Dave Scott?

David Scott stated, no.

President Jerry Thompson asked, Dave Stimmel?

David Stimmel stated, no.

Attorney Altman asked, is this a single story residence?

Carol Skaggs stated, no, two stories.

Attorney Altman stated, what kind of exterior?

Carol Skaggs stated, I think they are going to side it, they never really went over that with me. I don’t think they really no.

Attorney Altman stated, if this is passed they will need to abide by the firewall codes especially near the existing house.

Carol Skaggs stated, okay, where would they go to get that?

Attorney Altman stated, Dave Anderson the building inspector.

Carol Skaggs stated, the building inspector, so I need to tell them to check with the building inspector.

Attorney Altman stated, if it is approved they will be required to apply with that regulation.

Rob Hayworth stated, I’m Rob Hayworth and I work for Jim Milligan. The people who did the survey, if you needed any questions answered I might be able to. The contractor asked that I be here.

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

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 24’ front setback variance, a 3’ side setback variance and a 25’ 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 4 affirmative and 0 negative.

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#2406 Richard K. Long Jr., Ryan K. Long & Kevin L. Claton; The property is located on .11 of an acre more or less and 0.029 of an acre more or less, South of Lowe’s Bridge at 3682 N. Camp Munsee Court.

Violation: Foundation that was put in by previous owner is too close to the property lines.

Request: They are requesting a 30’ front setback variance and a 2’ East side setback variance to build a home.

President Jerry Thompson asked, anyone here representing this variance?

Ryan Long stated, I’m Ryan Long and we are the current property owners. I do have some diagrams of the houses of how many feet it is from the lake to the houses that surround this property. I don’t know if you have pictures, again I would like to submit pictures of the surrounding properties.

President Jerry Thompson stated, hold up for just a second. When you present those we keep them.

Ryan Long stated, okay, that is fine. It says on the back what it represents. We would ask that you take into consideration the request for a variance at 3682 Camp Munsee Court we asked that we be granted a 30’ front variance on the waterside and 2’ variance on the East Side setback. The existing structure currently has side setbacks that equal 18’, the West side is 12’ from the property line, however, the East side is only 6’. We ask that we be granted the 2’ variance on that side of the property. The lakeside currently sets on the Lakes Association property line or butts right up to it. We would ask that we be granted the 30’ on the lakeside. We just recently purchased the property and the gentlemen who owned it before, who started the project was not evidently up to par on the setbacks on what they should be or he misinterpreted them maybe would be a better word. The current structure it sets 160’ from Lake Shafer, from the water. The neighbor to the West sets only a 100’ from the lake, the neighbor from the East does setback at 175’, however, the two houses to the East set at 116’ and 75’ from the water. We would ask that these two variances be granted so we may continue with the home. As it sets now it is an eye sore to the neighbors and the lake community. We were not aware of the setback issues until the day of closing. At that time we had already committed money to the project through appraisals, bank closing cost, and survey. We hope you will be gracious enough to let us continue the project with no further hold ups. Thank you for your consideration on this matter.

Director Weaver stated, I will just kind of bring you up to speed on this. There was a permit issued for or to Michael and Cynthia Fortune in May of 2004 for this home. The construction you see in your pictures that is done I do believe was done by the Fortune’s. The new owners have not done that. I did send out when I was notified of the survey of the violation I did send a letter out to Michael and Cynthia Fortune and notified that they were in violation and subject to a fine. I have not had any correspondence from them at all. I did give them a dead line to have a variance file because I was aware that there was a survey already done. Mr. Long did come into the office and get this filed in a timely manner. The new owners are not the ones who created the violation, it is the previous owners.

David Scott stated, the side setbacks, we have 7’ and 11’ instead of 12’ and 6’.

Director Weaver stated, those are from the foundation.

David Scott asked, so is he getting the variance that he needs?

Director Weaver stated, yes.

Ryan Long stated, I was going off of the eves.

Director Weaver stated, which is what we go with.

Ryan Long asked, so am I saying it correctly?

President Jerry Thompson stated, yes you are.

David Scott asked, do we have any recourse on the previous owners?

Director Weaver stated, they are the ones that were cited for the violation.

Attorney Altman stated, obviously if they have violation the ordinance you can impose the fine and they are not here to appeal like they are required to. According proceed and it maybe difficult to collect, but that is part of it.

David Scott asked, what is their story they just haven’t made any contact with you at all?

Director Weaver stated, I have not had any contact at all. SFLECC are the ones who brought the survey into me and pointed out the problem.

David Scott asked, do we want to take care of the variance first or the violation?

President Jerry Thompson stated, doesn’t the letter that you sent state they have until April.

Director Weaver stated, they would have already had to file the appeal to get it on the April meeting. Well they have until next week to file.

Attorney Altman stated, well we have to wait.

Director Weaver stated, your meeting next month is April 21, so it is after the fine is due.

David Scott stated, I would make a motion that our Lawyer proceed with the $500 fine for operation.

Attorney Altman stated, we have to wait until the April meeting to do that. They have a right.

President Jerry Thompson stated, they’ve still go time, they are still on the clock so to speak.

Gary Barbour asked, do we need a motion to put it on the agenda for next month.

Attorney Altman stated, that would be fine.

David Scott stated, we can’t start letting people bail out on this.

Gary Barbour stated, I make a motion that we put it on the agenda for the April meeting to address the violation.

David Scott stated, I will second that.

President Jerry Thompson stated, all in favor signify by saying “aye” and all opposed? Motion carried 4 to 0. Violation put on the April 21 agenda.

Director Weaver asked, do we need to re-notify them to be in attendance of that meeting?

Attorney Altman stated, I think I would.

President Jerry Thompson stated, if you have not gotten any response by then.

Attorney Altman stated, I have a question for you. Do you have their current address? Is it Rushville Indiana address?

Ryan Long stated, as far as I know, yes that is where they still resided.

Attorney Altman asked, and you don’t know if they have moved or anything?

Ryan Long stated, not that I know of.

David Scott stated, I have a question and I have said this before. How does he purchase this thing when it is out of compliance. Does the title company not, I guess that was before you said the title company doesn’t contact the area plan.

President Jerry Thompson stated, I guess what I don’t get is, you said you weren’t aware of it until the day of closing.

Director Weaver asked, can you answer that Rick?

Rick Long stated, we had went through all of the channels, I had been to the Lake Association and talked to them to see if there were any problems and there was a problem, they were suppose to purchase a triangle to satisfy them, which they haven’t done at this time. I went to Area Plan and talked to Diann and Dave, there is already a building permit in place and they said that would still be good, that we could work off of that. After the Lakes Association required them to get a survey and they did, they got that. Then went ahead and paid the Lake Association X amount of money for this triangle so they would be the Lake Association criteria to build. In the meantime we had been talking to them about purchasing it, so we assumed that we had the building permit through Diann and Dave and we assumed everything was settled with them. We set up a closing and the day and in fact I was in Diann’s office the day we were closing and everything was set up and she said the survey didn’t meet the setbacks. We were already, we had already paid for the appraisal and everything had gone through and we were stuck. I had tried to go through all of the channels necessary and I think Diann, I was up there several times. She can attest to that. We wanted to make sure we weren’t getting into something that we couldn’t go on and build what was existing there.

Director Weaver stated, at that time no one had any idea that it wasn’t meeting setbacks.

Rick Long stated, until they had the survey taken. That is where we are kind of in the middle and in order to continue with what is there with the foundation and the walls, in order to continue we need the variances to build it and finish it so at least….

President Jerry Thompson asked, Dave do you have something?

David Stimmel stated, one of the statements I heard you make was the fact that you were able to buy ground from SFLECC.

Rick Long stated, they were, not us.

David Stimmel asked, who did the previous owner?

Ryan Long stated, the Fortune.

David Stimmel stated, please make a note of that would you.

Attorney stated, I heard that too.

Gary Barbour stated, I thought in the past they wouldn’t see any ground.

David Stimmel stated, absolutely, I’m just.

Attorney Altman stated, this doesn’t have anything to do with….

David Stimmel stated, I know that, I apologize, but…

Attorney Altman stated, I’m talking to the Ryan’s so they……

Several are talking at once.

President Jerry Thompson stated, we have heard that in this room said.

Rick Long stated, the purchase agreement that we made with them was upon being able with the Lake Association because we didn’t think there was a problem on the other setbacks. Our purchase agreement noted that, and that is why they had to buy the ground from them in order to make the transaction work.

David Stimmel stated, I might be a little slow but would you walk me through this on how you go into this predicament. My first instinct is to say the previous owners did this and it is not your fault and go after them, but bring it into compliance. That is my first impulse. I’m trying to understand how you got there.

Ryan Long stated, the property was for sale, so we talked to them about purchasing it. Evidently on the plan the Lake Association owned through the corner of what they built. The Lake Association.

David Stimmel stated, I’m sorry is this triangle, this is what they purchased.

Ryan Long stated, yes, it is a pie. So in order to sell this, I guess a year earlier they had gone to the Lake Association and they had figured out they screwed up and put it on them, could they purchase this. Went to the board meeting and it was approved, the Fortunes, this was a year ago. They didn’t pay it, they went ahead and built it.

David Stimmel asked, they didn’t pay what?

Ryan Long stated, they didn’t pay the Lake Association for the triangle that they had agreed to pay. In the mean time we wanted to purchase this, but we, it comes to light through us, not from them telling us, but through us going to the Lake Association to see if everything is okay and found that they had never paid for this ground. In our purchase agreement with them we buy it with the proof of title of the ground that they bought from the Lake Association, which they came up with and that transaction took place, but again it was right at the closing and as far as we new everything was a go, until you talked to Diann that day.

Rick Long stated, they said we could use the building permit that was in place and just then when the actually survey was done, well they found out we needed 30’.

Ryan Long stated, the Lake Association they are the one who came in and made you aware of that.

Director Weaver stated, yes. They are the ones who brought the survey to me. I’m going contradict just a little bit from what he said because at the time the permit was issued to the fortunes they had told us that they had already owned the property from SFLECC. I don’t know how far back it goes that they were working with SFLECC to purchase the property. Prior to the permit being issued I’ll tell you that much.

David Stimmel stated, so the closing of the property you’ve got clear title to this piece of ground.

Ryan Long stated, yes, that is the new Lake Association line right around the house.

David Stimmel stated, that helps.

President Jerry Thompson asked does anyone else care to address the variance? What is the board wish?

Gary Barbour asked, are the neighbors okay with this, have you talked to them?

Rick Long stated, they sent letters to the neighbors and the neighbors want to see it done. You can see what it looks like.

President Jerry Thompson asked, so how long has this stood still? How long at this stage?

Rick Long stated, well when was the building permit issued?

Director Weaver stated, May of 2004.

Rick Long stated, all winter.

Director Weaver stated, you can tell the boards are weathered.

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 and a 2’ East side setback variance to build a home on a tract of land located in the Northwest Quarter (1/4) of the Northeast Quarter (1/4) of Section Eight (8), Township Twenty-seven (27) North, Range Three (3) West in Liberty Township, White County, Indiana, and described more fully as follows:

Beginning at a point which is South Zero Degrees East (S 0˚ E) Nine Hundred and Thirty-two (932) feet and South Seventy-one Degrees and Fifteen Minutes East (S 71˚ 15’ E) Six Hundred and Fifty-seven (657) feet; thence North Sixty-one Degrees East (N 61˚ E) One Hundred and Eight (108) feet from the Northwest corner of the Northeast Quarter (1/4) of the above said Section Eight (8), and running thence North Fourteen Degrees and Thirty Minutes East (N 14˚ 30’ E) One Hundred (100) feet; thence South Eighty-two Degrees East ( S 82˚ E) Sixty (60) feet; thence South Fourteen Degrees and Thirty Minutes West (S 14˚ 30’ W) Fifty-seven and Seven Tenths (57.7) feet; thence South Sixty-one Degrees West (S 61˚ W) Seventy-six and Eight Tenths (76.8) feet to the point of beginning, containing Eleven Hundredths (.11) of an acre, more or less.

ALSO: That part of the Northwest Quarter of the Northeast Quarter of Section 8, Township 27 North, Range 3 West in Liberty Township, White County, Indiana Described by:

Commencing at the Northwest corner of the Northwest Quarter of the Northeast Quarter of said Section 8; thence South a distance of 932.00 feet; thence South 71 Degrees 15 Minutes East a distance of 657.00 feet; thence North 61 Degrees East a distance of 108.00 feet to the point of beginning;

Thence North 64 Degrees 59 Minutes 11 Seconds East a distance of 77.25 feet; thence South 14 Degrees 30 Minutes West a distance of 42.30 feet; thence North 82 Degrees 00 Minutes West a distance of 60.00 feet to the point of beginning, containing 0.029 of an acre, more or less.


COMMON DESCRIPTION: The property is located South of Lowe’s Bridge at 3682 N. Camp Munsee 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.


****

#2407 Hanenkratt Grain Co., Inc.; The property is located on Lots 61 and 62 in the Original Plat in the Town of Idaville at 304 S. East Cross Street.

Violation: None.

Request: They are requesting a 60’ front (East Cross St.) setback variance and a 10’ rear (South) setback variance to build an addition and to bring the existing building into compliance. Also, a 15’ front (Railroad St.) setback variance to build a scale.

President Jerry Thompson asked, do we have anyone here representing the Hanenkratt’s?

Brad Smock stated, I’m Brad Smock, I work at and manage Hanenkratt Grain in Idaville. Where all of this is taking place, what we are on now is the 2407. What we are looking at doing is adding. What we did was bought Idaville Church of God use to be where you are seeing now is what we are proposing as the office. That is part of the reason why, we are trying to get it into compliance now. Our office now sits 2 blocks away from there on U.S. 24 and it is really not a very efficient way, our feed mill and all of our bins are over here at this site. So an office there would be a better place to be I guess. As far as the scales go, we are looking at the scales are over at our office 2 blocks away. We’ve had a 50’ scale and most things today the way the farming industry has grown a lot of semi’s you can’t even fit on a 50’ scale. So just to make us where we can compete more with the local commodities, I guess. That is the part for 2407.

President Jerry Thompson stated, a 70’ scale. That is a good size scale. Okay Diann anything?

Director Weaver stated, I don’t think so.

President Jerry Thompson asked, Jerry?

Attorney Altman stated, no.

President Jerry Thompson asked, Gary do you have anything for Mr. Smock? Dave Scott or Dave Stimmel?

David Stimmel stated, nothing yet.

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

Craig Kelly stated, I’m Craig Kelly and I live in Idaville. My understanding is that this industrial zoning on the lot 125’ deep and I don’t know if you are aware there is a transitional yardage between the residential district and this I district that requires a 100’ of yardage for safety precautions which is in the book and also a 60’ setback from the roads. We are working on a piece of property that is 125’ and you are talking about a 70’ scale. We live in the town and this is right in a residential area. We oppose this variance. It is not even a variance if you look at it, it is throwing away the book. If you look at it, there must be a misprint. If he has an I-2 on one page and an I-2 on another. It was approved for an I-2.

Director Weaver stated, this property is zoned I-2 and the property on the North is zoned I-1.

Craig Kelly stated, yes. The North of what?

Director Weaver stated, the North of Railroad Street.

Craig Kelly stated, what they passed the last time we were here and opposed it and he told us he could not build on it because he can’t meet the variances. It was an I-2 and this….

Director Weaver stated, and that is what this is.

Craig Kelly stated, yeah and an I-2 requires the 100’ of transitional yard between the residential zone and he can’t comply with that at all if you look at the paperwork, it shows you. We aren’t talking about a variance we are talking about throwing the book away so he is right up on the road. No transitional yardage behind it. there is also, and I can go through for a long time in here also the parking situation right now. There is no room to pull trucks. These trucks drive in on the streets, block people driveways, interfere with people coming and going, as it is now. If he expands this and does what he wants it is just going to make a mess. It is just going to degrade that town even more than it has been in the past. I just want it be known that is where I stand. There is a lot in this book on why it shouldn’t happen.

David Scott asked, where do you live from this?

Craig Kelly stated, I live on Logan Street in Idaville. I walk out my front door and look at the grain bins now.

David Stimmel stated, help us with where that is.

(Craig Kelly is showing them on the maps where he lives compared to where they are going)

Craig Kelly stated, the variance, if you can’t meet the variance, a variance as far as my understanding is a minimal adjustment to the requirements, not to throw the whole book out.

Director Weaver stated, Dave you do have a map that we included in your stuff gives you names of property owners.

Harry DuVall stated, my name is Harry DuVall. I have a house just East of their 36’ x 80’ building. I’ve got a house on the corner, I’m the only house on that block. Can I ask Mr. Smock a question or two?

President Jerry Thompson stated, yes you can.

Harry DuVall stated, Brad you said that you are going to propose to put an office of here. Or are you just going to make this your office here?

Brad Smock stated, correct, make a part of the church that we kept. That would be the office, so I guess while I’m up here if I can make a quick comment. The only thing that I agree with I guess that was said before Harry got up, is about the traffic during harvest now there is trucks setting on the streets. That part of it I agree with because now our office sets here on the highway and to get there you are like this to get to our existing place now, so there are trucks that set in here. The way it would be now, it would be this would all be gravel and this would all be parking lot. So any trucks coming in there would be a place for them to park now and not necessarily block these streets from our scales. (Currently showing Gary Barbour things on the map.)

Harry DuVall stated, the stuff I received in the mail I didn’t see the route that he had scheduled for the trucks coming in if this does pass, I would like to verify that with him. (He is currently going over the map with Brad Smock.) You guys know where I live at then according to this.

David Scott asked, most of your traffic snarl is it seasonal or is it year around?

Harry DuVall stated, I’m speaking on my behalf now if he has bins in there and hauls grain out probably when prices get high, so whatever and that could be anytime. If he puts in two more bins you are going to have two more bins that is going to cause more grain to be hauled. How much bigger are these bins going to be then what you have.

Brad Smock stated, these will be 480 thousand bushel, and what we have now 110.

Harry DuVall stated, big ones, so these are going to be humongous?

Brad Smock stated, what we are looking at there also, traffic we would be, let me give you an example. Last year we can store right now with our existing facilities we can store 400,000 bushels of grain. Last year from September to November, which is considered the new crop time for harvest, we bought 1.3 million bushels. So that obviously leaves 900,000 unattended for. We had to haul 900,000 bushels of corn out in that 6-week period. So yeah that does create more traffic, if we add the bins most people and I would like to say one other thing. In Idaville there may be 200 people that live there and there are 4 here, so that I guess one thing also. The traffic would be more spaced and hopefully we work and 8 to 5 shift also at the elevator and most of that would all be done when most people are at work and it wouldn’t be the way it is now, where you have to move 900,000 bushels of grain in a 6 week period or tell your customers that you can not service them, that is not really a good option either.

Harry DuVall stated, I understand that it is going to be on a bigger scale and with the semi’s coming in, their bigger than the regular farm truck and the visibility, you can’t probably is not quite as good and another thing you ought to consider here, we are going to be on Main Street of a town, think of that, and the biggest issue here is your safety with the people there and what is involved.

Brad Smock stated, the only comment I have on that is if I don’t buy the grain on Main Street that is your only outlet from the South and from the North to get to 24 to get to Logansport or go to Reynolds. So the trucks that haul grain are going to come down Main Street anyway to get there. The difference is that they would stop two blocks before they get to 24 and pull in to our driveway instead of going on to 24 and go to Logansport or go to Reynolds.

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

Jerry Bonnell stated, I’m Jerry Bonnell and I’d like to get some questions answered. This is Beulah Widner and she lives directly across where the proposed corn bins are going to be. She got a letter and the few people that is here 3 of them live the closes. She lives

David Stimmel asked, does she live here, this is Main Street.

Jerry Bonnell stated, she lives wherever that street width is which is probably 60’. That is how farm her house is from these bins. She is concerned, she is lives beside me and just about raised me and she is concerned if one of those bins happens to rupture and she is only 60’ away. Does anyone know how far the corn will travel if one of those happen to topple in a tornado? If one would bust open does anyone know Mr. Altman do you have any idea how far that would travel?

Attorney Altman stated, I don’t have the specifications on that. I can’t tell you that.

Jerry Bonnell stated, she is really concerned and Harry lives right next to them and he got a letter. I live across from it, but evidently they forgot to mail me one or maybe I’m not quite close enough.

Attorney Altman stated, you are not what is called an adjoining property owner. That is why you did not receive one.

Jerry Bonnell stated, I’m only the width of the road away. I’m just as close as anyone else. She's concerned on the health and getting run over and pulling out of her driveway and we’ve got to deal with these bees’ wings in my pool. I’ve about burned up my filter because of all the bees’ wings coming into my pool. I can’t circulate it unless I’m there to keep the back flush. I have to back flush every half and hour to keep from burning up my filters and pumps and stuff because of all of the bees wings. She gets them in her house and in her fence and car. It travels.

David Stimmel asked where do you live?

Jerry Bonnell stated, I’m the next house. (Showing them on the map where he lives.) You’ve got to deal with those bees wings all of the time. They are purposing a bigger scale and so they can handle bigger trucks. We are going to get more truck traffic because they are planning on servicing bigger trucks. It is awful close and they know it. A deal has been proposed and all of this stuff for years now and they make fun of us and she and this is the first time she has ever come up. She is really worked up about it. It is right out her back door.

Beulah Widner stated, it is right across that little hill.

Attorney Altman asked, is there anything else?

Jerry Bonnell stated, no.

Attorney Altman stated, you’ve got the answer if it were to fall how far it would travel?

Brad Smock stated, do I have that answer, no I do not have that answer. Like in a tornado or any of that, I don’t know if a bin is really going to be the problem, it is going to be the tornado. My questions is where they are talking about the bins, the bins are really not the setback that we are looking at right now. We are looking at the office and the scales. That is the key thing that I’m wanting to make sure everybody else understands that we are looking at the office and the scales as we speak.

Craig Kelly stated, I’m Craig Kelly again. I’ve got a question. Now out of this book, I get in there that the transitional yardage between this industrial and the residential is an option, it has to be, it shall be in the book which states no exception. You can’t give an exception on a transitional yardage can you.

Attorney Altman stated, yes.

Craig Kelly stated, you can.

Attorney Altman stated, yes.

Craig Kelly stated, it is not a State run, there has to be a safety bumper between, oh well the way I read it in here it states “shall” means no exception on it. The only exceptions you can get are for a 60’ setback from the road.

Attorney Altman stated, it would be variable also.

Craig Kelly stated, for the transitional yardage.

Attorney Altman stated, yes.

Craig Kelly stated, even though it affects safety of residential.

Attorney Altman stated, it always affects that one way or the other. The variance is a way of making it smaller if it is varied, if it isn’t it doesn’t.

Craig Kelly stated, okay.

Harry DuVall stated, I just want a little more clearance on the setback. It goes across the street instead of…

(They are going over the maps with Harry DuVall.) Several are talking at once.

Director Weaver stated, in an I-2 zoning they are required to have a 60’ front setback.

David Scott asked, so it is a 25’.

Harry is going over the map with Diann now.

President Jerry Thompson stated, yes sir.

Jerry Bonnell stated, sorry I’m taking so long. I’m just curious if the kids, we’ve got all kinds of kids running all over the sidewalks, little bitty ones and the traffic that this is going to bring to Idaville and it shows right there that they are planning on doing more, more grain and bigger scales to get bigger semi’s. It is just kind of says it is going to be more and more traffic and all of these kids. These kids are use to playing in here, this use to be a basketball court and they are use to playing. There are houses across the street here, and all of these kids riding bicycles and stuff. I can’t believe that little kids are not that important, it just blows my mind that little kids don’t mean anything. All of the traffic that you are putting right in the middle of a residential area. It just blows my mind that no one is worried about the kids. I have had kids grow up there and I’m on the main street and I see everyday a close call. There has been brushes where the kids and cars and stuff because they fly through there. The semis’ fly through there and they are just asking for a death. It is unbelievable the close calls everyday. It just blows my mind that no body seems that they care.

President Jerry Thompson stated, okay thank you.

Dan Hanenkratt stated, I’m Dan Hanenkratt. I’m just clarifying one thing here a little bit. If we get this thing going there is going to be if we handle the same amount of grain that we did last year. There is going to be 900 less trucks in town in the fall than what we’ve got right now. They're going to be spread out throughout the year after harvest in a very orderly manner.

President Jerry Thompson asked, Dave do you have anything for anyone?

David Stimmel stated, I have a tendency to table this. I would like to go look at.

President Jerry Thompson stated, that is fine, we have that right. Dave Scott.

David Scott stated, I agree with these people that this should be out of town somewhere, but unfortunately it is not, it is here. The problem is already there, but and we live in an agriculture area and the business the way it is in White County and everything, even though you people have genuine concerns and everything else. I would be hard press not to vote for this for those reasons. I realize that you guys have concerns and things and we have to. I just hate to see them not do business there because they are already there.

Craig Kelly stated, what they have there is existing and they knew that when they bought it and they started this. He has the place on 24 out on Rangeline and all kinds of places he could have put his attentions. I don’t understand why he is investing the money in tearing out homes and moving and in fringing on other peoples rights and other peoples property and safety. That is our main concern. According to the book he doesn’t meet any of those requirements and he never meet the requirements for an industrial zoning that was approved. WE had the whole town sign a petition when this started in 2000 and this fell on death ears. We filed a lawsuit and it never went to court because the County Commissioners reversed the zoning. Then came back and pushing us to sue again. That is the only option we end up having unless we can stop it here.

David Scott stated, you haven’t fell on death ears, I understand.

Craig Kelly stated, well that is what it feels like, the whole town, these people don’t live in town.

President Jerry Thompson stated, let's go back to Dave Stimmel he has a….

David Stimmel stated, I have a couple of questions. One of the questions I have is what kind of fans on the bins, what kind will they be?

Brad Smock stated, you mean as far as.

David Stimmel asked, vane-axiel or centrifical.

Dan Hanenkratt stated, centrifical.

David Stimmel asked, how many horse?

Dan Hanenkratt stated, 4 - 50 h.p. per fan.

David Stimmel asked, located equally around?

Dan Hanenkratt stated, yes.

David Stimmel stated, so 100-horse fan centrifical on the residential side. Where is the grain dryer?

Showing it on the map to David Stimmel.

Brad Smock stated, as far as the economics of it, you can’t economically go out in the country and start from scratch. It has been there for 50 years and we just keep growing it as you go. It really not economic sound, you couldn’t do it. There is not a lot of, I mean we are willing to put 2 million dollars in Idaville, it is not, there isn’t anyone else willing to do that. I don’t know.

President Jerry Thompson stated, okay back to Dave.

David Stimmel stated, I still want to go look at it.

President Jerry Thompson stated, you would like to table this.

David Stimmel stated, it is just where I’m coming from.

Attorney Altman stated, you need to make a motion.

David Stimmel stated, I make a motion that we table this until next month, so we have an opportunity to look at it and consider it a little more. I think this is pretty important.

David Scott stated, I will second it.

President Jerry Thompson stated, it has been moved and seconded. Everyone on in favor signify by saying “aye” and all opposed. Motioned carried. 4 to 0.

David Stimmel stated, we are tabling all three variances?

President Jerry Thompson stated, it would be best. Do you agree Gary?

Gary Barbour stated, yes.

Attorney Altman stated, for the record is would be the tabling of 2407, 2408, and 2409 and they will all three be tabled by this motion until the April 21 meeting at which time the board will discuss them.

Brad Smock asked, is there a time you want to set up and come out there so I can show you where everything will be and if you have any questions I will be right there.

David Stimmel stated, how about a business phone number or something like that.

****

#2408 Hanenkratt Grain Co., Inc.; The property is located on lots 43, 44, 45, 46 and 47 in the original plat in the Town of Idaville at 107 E. South Railroad Street.

Violation: None.

Request: They are requesting a 5’ front setback variance to build a dump pit.

Tabled until April 21, 2005.

****

#2409 Hanenkratt Grain Co., Inc; The property is located on Lots 63, 64, 65 and 66 in the original plat, in the Town of Idaville on the Southeast corner of Railroad Street and Main Street.

Violation: None.

Request: They are requesting a 60’ front (Railroad St.) setback variance and a 60’ front (Main St.) setback variance to build 2 grain bins.

Tabled until April 21, 2005.

****

#2410 Kenneth D. & Ann S. Millikan; The property is located on Lot 41 in Richey Park Addition, Except 20’ feet off the entire South side of said Lot and .032 of an acre, South of Monticello at 5507 S. Richey Lane.

Violation: None.

Request: They are requesting a 7’ North side setback variance and a 6’ South side setback variance to build an addition onto the existing home and to bring the existing home into compliance.

President Jerry Thompson asked, ma’am you are?

Ann Millikan stated, I’m Ann Millikan.

President Jerry Thompson asked, do you have anything that you would like to present to us other than what I have read?

Ann Millikan stated, I really don’t know of anything else. It is a very small cottage and kind of a small lot and a little addition. I want to put between the existing cottage and road.

President Jerry Thompson asked, Diann anything?

Director Weaver stated, I don’t think so. I think the survey is a little deceiving. If you look at the pictures that I took, it makes the back of the house look like this huge amount of ground. It doesn’t show it is all down hill. She really can’t build towards the lake at all. There is nothing to build on.

President Jerry Thompson asked, Jerry do you have anything.

Attorney Altman asked, is this on the sewer system?

Ann Millikan stated, yes it is.

Attorney Altman asked, is the proposed addition is it single story like the present?

Ann Millikan stated, yes it is.

Attorney Altman asked, and will it be similar in appearance to your present home?

Ann Millikan stated, yes I would like very much for it to be the wood log siding that is on the existing.

Attorney Altman stated, I presume the roof will be or will not go towards the home but to the side?

Ann Millikan stated, correct.

Attorney Altman asked, will you have it set up that the water will go into a tile?

Ann Millikan stated, certainly will need that for drainage.

Attorney Altman stated, that is adding a fair amount more space that will need to be taken care of.

Ann Millikan stated, yes, there is a large drainage tile now existing.

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

Rick Moore stated, I’ve been here an hour and half I’m ready to talk. Did we do something wrong she is a very nice person to be at the end of the line. I own the 3 lots next to Ann and….

Attorney Altman asked, which way South?

Rick Moore stated, I don’t know, which is it.

David Stimmel stated, 4449.

Rick Moore stated, I have no problem with this what so ever. My home is in the middle lot. I have no buildings on that. I told her a while ago that I have no problem with her building. If you notice the way she keeps her property up it will be very nice.

Attorney Altman asked, do you have any problems with erosions?

Rick Moore stated, the only problems that I have is she plays loud music all the time. There is no erosion.

David Stimmel asked, is the lot 42, is that a buildable lot, is that something someone is going to put a house on?

Rick Moore stated, personally I say no. I think someone could build a very small cottage but I don’t think a person can build on that lot. I have no intentions of building on that lot.

David Stimmel asked, who owns it?

Rick Moore stated, I do.

David Stimmel stated, oh you do.

Rick Moore stated, I own all three lots.

David Stimmel asked, on both sides.

Rick Moore stated, no, there are three lots on this side. I own all three. My home is on 41, 42 is a vacant lot.

Several are talking at once.

President Jerry Thompson asked, are there any more questions? Dave Stimmel?

David Stimmel asked, Ann is there any other way. You have to understand that we see these all the time where you are 1’ setback variances and this gentleman even though he owns these lots today may not own them in 20 years and you may not own these facilities in a few years. Somebody may want to put a house on that lot at some point and time and a 1’ setback is not very room. That is my concern. Is there anyway to split the difference or move it over. The existing building only has a couple of feet, I hate…

Ann Millikan stated, you are right it is very small.

David Stimmel stated, this troubles me.

Ann Millikan stated, the angle of the lot is strange to because there is one spot very close to that and the rest of it really isn’t quite as close because of the way it angles. It is close I agree.

David Scott stated, the bad thing is you can’t even wash your windows without being on the neighbor’s property.

Ann Millikan stated, that is true.

President Jerry Thompson asked, so Dave would you.

David Stimmel stated, I don’t have any solutions.

President Jerry Thompson stated, that is the heck of it.

David Scott stated, you don’t know, you have no intentions on that lot over there right now.

Rick Moore stated, no.

David Scott asked, would you grant her a 5’ easement on that property just for the purpose of getting a mower on that side…

Rick Moore asked, will she get approved today if I do that?

David Scott stated, yes, what do you think?

David Stimmel stated, yes I would too. Do you understand where I’m coming from. We see a lot of these on the lake and it is, it creates problems.

Rick Moore stated, I would do that if I could use the pontoon boat.

Several are talking at once.

Rick Moore stated, I would be willing to do this.

David Stimmel asked, Gary do you think I’m making too much of this?

Gary Barbour stated, no I do not think so.

President Jerry Thompson stated, I think it is a good thing if everyone is willing to do it.

David Scott asked, how wide is that lot?

David Stimmel asked, what does an easement do?

David Scott stated, it would just give her access to her house.

Attorney Altman stated, it would limit somewhat on that side to get that close so that again you are talking about a 1’ now and so if you add 4’ to that you have 5’. I would suggest it would be the distance and this need surveyed off. It would be in the area and I’m looking at the survey near the length of the home so it doesn’t get in his building space at the top. Do you understand what I’m saying. The directions are so crazy there. I guess I’m trying to say it would be along the, not so far down.

Rick Moore stated, as long as I understand if I, the normal setback is 8’ or 7’.

Director Weaver stated, 8’.

Rick Moore stated, so my property line would still be the same.

David Scott stated, right.

Rick Moore stated, if that will do let's do it then.

David Scott stated, you don’t loose anything, she just has the right to be on that 4’ to clean her windows, etcetera.

Attorney Altman stated, the only other thing is you should put a fireproof wall up there.

David Stimmel asked, why?

Attorney Altman stated, you may need it someday and it not be there.

David Stimmel stated, close as 8’.

Rick Moore stated, if you put that easement all the way to the lake, that side to me is dead. I’m on the far side.

Gary Barbour stated, you don’t know what will be there in 20 years.

Attorney Altman stated, I’m just saying it doesn’t affect the variance, so why go further.

President Jerry Thompson stated, we are going to vote on this with a condition.

Attorney Altman stated, the neighbor to grant a 4’ easement that would give them the same amount on the other side.

David Stimmel asked, how is an easement granted.

Attorney Altman stated, you have to have a survey.

David Stimmel asked, so who is going to have to pay the price.

Ann Millikan stated, I would say that I would pay it.

Attorney Altman stated, it would have to be her.

David Stimmel stated, just trying to..

Attorney Altman stated, it would have to be surveyed off and Mr. Milligan has just been out there, it should be a pretty easy job to do. Just prepare a deed and record it.

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’ North side setback variance and a 6’ South side setback variance to build an addition onto the existing home and to bring the existing home into compliance on Lot Number Forty-one (41) in Richey Park Addition, in Union Township, White County, Indiana, EXCEPT Twenty (20) feet off the entire South side of said Lot; and ALSO the following parcel of land described as follows: a parcel of land being West of Lot Forty-one (41) in the said Richey Park Addition in the Southeast Quarter of Section Twenty-eight (28), Township Twenty-six (26) North, Range Three (3) West, Beginning at the Southwest corner of Lot Forty-one (41) of Richey Park Subdivision; thence North six (6˚) Degrees West forty (40) feet; thence South sixty (60˚) Degrees West thirty-three (33) feet; thence South twelve (12˚) Degrees West thirty-six (36) feet; thence North seventy-seven (77˚) Degrees East forty-two (42) feet, to the place of beginning.

COMMON DESCRIPTION: The property is located South of Monticello at 5507 S. Richey Lane.


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

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


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#2411 Ingrid L. Properties, Owner; Ingrid Landis, Applicant; The property is located on Lot 17 in West Addition, in the City of Monticello at 317 Dewey Street.

Violation: None.

Request: She is requesting a 21’ front setback variance to bring the existing home into compliance so it can be improved.

President Jerry Thompson asked, and you are?

Ingrid Landis stated, I’m Ingrid Landis.

President Jerry Thompson asked, you drew the short straw you are last. Do you have anything that you would like to present?

Ingrid Landis stated, well I’m a little confused because my application says 2409 so I thought it was tabled.

Director Weaver stated, I can explain that, we thought Hanenkratt was going to get by with two variances. So I gave you their number and then realized that they did need three.

Ingrid Landis asked, do I need to explain what is going on here.

President Jerry Thompson stated, only if you want us to know something.

Ingrid Landis stated, I’ve been buying old houses and renovating them and this one is on Dewey Street. The value of the house is $22,000. I’m going to remodel by more than 50%, so I was told my setback needs to be 32’ from the street. With it being an existing house it is only 21’. I’ve got all of the other things lined up to go ahead and totally renovate the house. This is holding me up.

David Scott stated, you are not adding anything.

Ingrid stated, no, we are tearing and old garage off and tearing everything out. We siding, roofing, windows, it will be like a new house when it is finished.

President Jerry Thompson asked, Diann do you have anything?

Director Weaver stated, no I do not believe so.

President Jerry Thompson asked, Jerry?

Attorney Altman asked, city and sewer water and everything?

Ingrid Landis stated, yes.

Attorney Altman stated, it will essentially shell of the existing home.

Ingrid Landis stated, yes. All of the homes there are 21’ from the road.

Director Weaver stated, the way the ordinance reads if she built a new home she could have taken the average of the other homes beside her and built the average, but it won’t let you remodel one that is already there and go with the average. You have to bring it into compliance.

Ingrid Landis stated, the neighbors are real excited that I’m doing this.

Without further discussion the board voted.

The Board finds the following:

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


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


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


4. That no objectors were present at the meeting.


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


6. That the request is for a 21’ front setback variance to bring the existing home into compliance so it can be improved on Lot 17 in West Addition to Monticello, White County, Indiana.

COMMON DESCRIPTION: The property is located in the City of Monticello at 317 Dewey Street.


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

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


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President Jerry Thompson stated, I see that we have the 2004 annual report in front of us and it looks good. Diann do you have anything?


Director Weaver asked, do we want to discuss the situation with the shed?


Attorney Altman stated, please refresh my memory?


Director Weaver stated, the one setting across the property line.


Attorney Altman stated, no I don’t think we want to, it will come before them and real screwy situation. Got a lot like that, it doesn’t look like that shape, they cut it into and that didn’t cause any problems. It is two lots now. They built here and here and the one building when someone owned both of them went across the line by quite a bit.


Director Weaver stated, the majority of it and then the others a 1’ or 2’, they sold one and then sold the other.


David Scott stated, how in the world do they sell something and get by…


Gary Barbour asked, how do they get clear title for something like….


Director Weaver stated, well we wish they hadn’t.


Attorney Altman stated, I guess my story was wrong, there are two lots here owned by one person and of course they treated it like well this is mine and I can be right over here. Well and it was. What I felt like we ought to notice all three up AB Buyers, C the seller because it looks to me that all three are all computable in this situation.


Director Weaver stated, all right I would go with that.


David Scott asked, can’t we make the title companies go to your office before they?


Attorney Altman stated, you cannot make them.


Gary Barbour stated, they are certifying clear title when it really isn’t.


Director Weaver stated, it is not on this one.


David Stimmel stated, SFLECC on if everyone wants to be a jerk they are tearing that thing down. That is where I’m coming from. Gary go back to the Title Company and sue them.


Director Weaver stated, they knew before they closed.


Gary Barbour stated, they are so far in financial at that time, how do they walk away.


David Scott stated, if you go to a closing and things don’t go right, then you stop and you get things straightened out.


Gary Barbour stated, I went through this when I bought my house. When they remodeled the house, they had built a porch on the back and the Title Company found it and never got a permit for it. I told them I wouldn’t buy it until it had a permit, it had to be done.


David Scott stated, the Title Company found that.


Gary Barbour stated, yes.


Director Weaver stated, that is unusual. In this situation that is what should have been done. Especially before the second lot was sold, this should have been cleared up.


Attorney Altman stated, the real thing in a sense they are all not that valuable. These are not big structures at all. They are both moveable.


The meeting adjourned.

Respectfully submitted,

Gary Barbour, Secretary

Diann Weaver, Director

White County Area Plan Commission