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The White County Board of Zoning Appeals met on Thursday, May 19, 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: James C. Ford, John Socha, Jack E. Davis, Doug Sanders, Barbara Kennedy, Ralph Kennedy, Frank King, Rocky King, Charles R. Mellon, Mat Barber Kennedy, Terry Beasy, R. Joe Roach, Luise Phillips, Spencer A. Phillips, Michael Triplett, and Michael Weaver.

The meeting was called to order by President Jerry Thompson and roll call was taken. Gary Barbour made a motion to dispense with reading and approve the minutes of the April 21, 2005, meeting. Motion was seconded by David Scott and carried unanimously. Attorney Altman swore in all Board members and audience members.

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#2414 Mat Barber Kennedy “etal”; The property is located on Lots 18 & 19 in First Addition to Blue Bell Park, East of Lowe’s Bridge at 5193 and 5199 E. Bluebell Court. Tabled from the April 28, 2005 meeting.

Violation: None.

Request: They are requesting a 14’ rear setback variance to build a new home.

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

Mat Barber Kennedy stated, I’m Mat Barber Kennedy. One little point I see that I’m requesting a 14’ variance and in fact it is a 13’ variance. I noticed last time on the minutes it was a 20’ variance and it should have been a 19’ variance.

Director Weaver stated, I can explain that. We are allowing for a 1’ overhang. I believe your drawing is draw to the foundation.

Mat Barber Kennedy stated, I see for the eaves. Okay.

President Jerry Thompson stated, you are still fine because of it being less. So go ahead.


Mat Barber Kennedy stated, okay, should I recap the situation as discussed last time.


President Jerry Thompson stated, just highlight it.

Mat Barber Kennedy stated, just a highlight. We bought a little house at the back of a site on a cove. A sleepy slope site with a plateau at the back. It is on Bluebell Court the very end of Bluebell Court which is a gravel drive disintegrating or disappearing to a grassy plain by the time it gets to our house. We have the last property on the lakeside on that street. At the end of the street is a woods on the other side is farmland. Both are owned by Ms. Phillips here. The usage of Bluebell Court kind of tapers out to the end. It serves us at the moment. We did spend a little time last meeting on the side issue, which I can clarify with a drawing if anyone needs me to. It is really not relevant to our application.

President Jerry Thompson asked, does the board wish for him to go through with that?

Mat Barber Kennedy stated, it was the easement issue.

David Stimmel stated, right, I don’t think so.

President Jerry Thompson asked, Gary?

Gary Barbour stated, I’m not sure I know what you are talking about I guess.

President Jerry Thompson stated, maybe you ought to hit the high points then.

Mat Barber Kennedy stated, Ms Phillips has an easement at the end of the street such that she can continue the street into her wooded property should she wish to develop it and no one can do anything that would hinder that. In the photos of placing the sewers recently an inspection has been placed right in the middle right where the road in her property in her woods, thus hindering that. If she wants to put a road in she would need to deal with Twin Lakes on that. It got brought up last time and it is not actually relevant, but worth clearing up. Ms Phillips might want to say something about that. It is outside of our property and application.

President Jerry Thompson stated, okay.

Mat Barber Kennedy stated, we had proposed to rebuild in largely the same place as the existing house which we had to demolish we were going to extend the existing house, but do to a mold problem that develop last winter we had to demolish it completely. It was nausea. We proposed to construct in the same area a larger house. I made an application for a small 1’ setback and it was deemed advisable to reconsider. I have reconsidered and our setback is now from 7’ at the Northern end to 9’ at the Southern end adjacent to the woods. We are still largely building on the flat of the land, the buildable part of the land, we are now overhanging the slope somewhat. One of the major trees that I had hoped to maintain may be, the root system may be destroyed during the construction. I’m going to hope that it isn’t. The site is largely a sloping site with a flat buildable section at the roadside and that is the part we wish to utilize. If I can just characterize the cove and kind of explain why I feel a compelling need to build at that point. The cove is not a flat manicured cove as some are on the lake. It is characterized by woods, hillyness and we are at the end being adjacent to a beautiful woods. We are perched at the back and so people using the cove really have an appreciation of a beautiful wooded space and it was a very lovely cove. I wish to maintain that, I don’t want to build something that is going to lessen peoples appreciate of the cover, destroy trees needlessly and mess up what is a very beautiful site. So that is why I want to build back and I have charted the precedence along Bluebell Court and I’m going to submit this as a document. I mentioned some figures the last time I was here and I have now put them down on paper that I can submit. Basically the precedent for setbacks from the gravel drive and I have listed all of them 11’, 11’, 8’, 6’, 8’4, 9’6, 6’, 6’, and 7’. I’m planning on building 16’ back from the gravel 39’ from the opposite boundary fence. Okay.

President Jerry Thompson stated, give that to our attorney please first and he will pass it around.

Attorney Altman stated, entered into evidence.

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

Mat Barber Kennedy stated, I suspect probably, I would hand it over to you.

President Jerry Thompson stated, okay then have a seat and be handy. Diann do you have anything else you would like to add?

Director Weaver stated, I haven’t received anything new on this, other than the revised survey that was provided to you.

President Jerry Thompson asked, Jerry do you have any comments?

Attorney Altman stated, no.

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

Luise Phillips stated, I’m Luise Phillips and I represent the owners of the farm and the deeded easement to which Mr. Barber Kennedy property backs up to on the rear. I’ll just keep it short our request is to keep as much as the easement, it is the 25’ easement going back in there and we would like that kept clear just in case we do ever develop it or maintain it or build something there. It is deeded to us.

President Jerry Thompson asked, just for the record you are representing who?

Luise Phillips stated, okay I’m Luise Phillips, Medi Koehler and Lore Nesbitt, the three owners of the Koehler property.

President Jerry Thompson stated, thank you.

Attorney Altman stated, you are aware that he had modified his request.

Luise Phillips stated, yes I’m aware of that.

President Jerry Thompson asked, is there anyone else? Dave Stimmel any questions?

David Stimmel stated, no.

President Jerry Thompson asked, Dave Scott?

David Scott stated, no.

President Jerry Thompson asked, Gary? I know this is new to you and I’m putting a lot to you here pretty quick. I’ll give you a chance to look that over. Any questions for him?

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 14’ rear setback variance to build a new home on Lot Number Eighteen (18) and Lot Number Nineteen (19) in the First Addition to Blue Bell Park, Liberty Township, White County, Indiana.

COMMON DESCRIPTION: The property is located East of Lowe’s Bridge at 5193 and 5199 E. Bluebell Court.


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

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


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

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#2416 John V. & Carmella L. Socha; The property is located on Lot 65 and 10’ of even width off the entire South side of Lot Number 66 in Lakeside Heights Addition and that part of the vacated roadway, North of Indiana Beach at 2975 N. Lakeshore Drive. Tabled from the April 28, 2005 meeting.

Violation: None.

Request: They are requesting a 30’ front setback variance to build an addition and to bring the existing home into compliance.

President Jerry Thompson asked, and sir you are?

John Socha stated, I’m John Socha.

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

John Socha stated, well that is pretty much it.

President Jerry Thompson stated, all right that is fair.

John Socha stated, that says it all.

President Jerry Thompson asked, Diann?

Director Weaver stated, if you remember last month he was requesting a variance on the detached garage. He has now set the garage where it is meeting the required setbacks and the request is now on the home.

President Jerry Thompson stated, okay, Jerry.

Attorney Altman stated, you mean the propose addition on the home right Diann.

Director Weaver stated, well it is bringing the existing home into compliance too.

Attorney Altman stated, oh I see, okay. The existing home was built when Diann?

John Socha stated, 1927.

Attorney Altman stated, 1927, that was before we starting doing this.

John Socha stated, correct.

Attorney Altman stated, the proposed addition is that going to be single story or?

John Socha stated, two story.

Attorney Altman asked, is it going to be on the sewer system?

John Socha stated, yes it is.

Attorney Altman stated, sewers are in, obviously it has to be hooked up to it.

John Socha stated, correct.

Attorney Altman stated, I noticed that you have a porch that is on SFLECC property.

John Socha stated, yes.

Attorney Altman asked, when was that on there?

John Socha stated, that was there when we purchased the property.

Now when I showed SFLECC the plat that I received when I bought the property he had mentioned that there is a 1’ a corner of the porch on the property on the SFLECC property. I don’t know how close that is, he did mention that, and I was kind of surprised at the time.

President Jerry Thompson asked, were you aware of that and do you see it as a problem?

Director Weaver stated, the survey shows that, I’m looking back here I’ve got a survey from 1987 and it shows the porch on the property at that time, so it is not something that has been put up.

Attorney Altman stated, okay.

President Jerry Thompson asked, what year again?

Director Weaver stated, 1987.

Attorney Altman stated, you understand we maybe able to put by a variance the existing home into compliance, but we can’t put an encroaching porch into compliance with our ordinance. The encroachment just can not be varied.

John Socha stated, okay.

Attorney Altman stated, this is just for your information, that is all I have.

John Socha stated, I’m not looking to vary it, it has been there and it is there and I don’t see it as a problem with it.

Attorney Altman stated, you are not curing the problem today on this porch.

John Socha stated, I’ve not been approached with a problem on it, as far as the Lake Association.

Attorney Altman stated, okay.

President Jerry Thompson asked, does anyone else care to address the variance? If not Gary do you have anything for Mr. Socha?

Gary Barbour stated, no.

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

David Scott stated, no.

President Jerry Thompson asked, Dave Stimmel?

David Stimmel stated, no.

President Jerry Thompson stated, with no other discussion we are ready to vote.

Without further discussion the board voted.

The Board finds the following:

1. That the property is properly zoned L-1, Lake District


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


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


4. That no objectors were present at the meeting.


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


6. That the request is for a 30’ front setback variance to build an addition and to bring the existing home into compliance on

TRACT I:

Lot Sixty-five (65) in Lakeside Heights Addition in Union Township, White County, Indiana.

Also, That part of the vacated roadway lying adjacent to the West end of Lot 65 in Lakeside Heights Addition in Union Township, White County, Indiana, as shown in Commissioner’s Record 15 page 168 in the Office of the Auditor of White County, Indiana.

TRACT II:

10 feet of even width off the entire South side of Lot Number 66 in Lakeside Heights Addition in Union Township, White County, Indiana as platted at Deed Record 115, page 283, White County Recorder’s Office.

Also, that part of the vacated roadway, Commissioner’s Record 15, page 168, White County Auditor’s Office, described by: Beginning at the Southwest corner of Lot 66 in Lakeside Heights Addition; thence South 84 Degrees 21 Minutes West along the South line of Lot 66 extended Westerly a distance of 15.04 feet to a point on the Easterly line of an existing 35’ roadway, platted as Lakeshore Drive at Miscellaneous Record Z, Page 41 A White County Recorder’s Office; Thence North 06 Degrees 00 Minutes West along said Easterly line, a distance of 10.00 feet; thence North 84 Degrees 21 Minutes East, a distance of 16.05 feet; thence South 00 Degrees 13 Minutes East along the West line of Lot 66 as originally platted at Deed Record 115, page 283, a distance of 10.05 feet to the point of beginning.

COMMON DESCRIPTION: The property is located North of Indiana Beach at 2975 N. Lakeshore Drive.


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

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


Attorney Altman stated, just for the record this variance replaces Variances #335 and #517. You need to get a building permit before you proceed.

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#2418 Frank L. & Doris A. King, Owner; Rocky & Janet King, Applicant; The property is located on 3.307 acres, Northeast of Buffalo at 10228 N. Rock Ridge Road. Tabled from the April 28, 2005 meeting.


Violation: None.

Request: They are requesting a 50’ rear setback variance to build a dwelling with a roofed deck on the property that will replace an existing mobile home.

President Jerry Thompson asked, anyone here representing the Kings.

Rocky King stated, I’m Rocky King. Just to recap it, it was a campground originally and there are some existing trailers on it. One of the trailers is coming down and we are going to build a summer cabin on it. The reason for the setback, the rear setback actually puts me closer to the river. There is a bind in the river, my septic is approximately 200’ off the river. Just want to get closer to the water.

President Jerry Thompson asked, Diann anything?

Director Weaver stated, I haven’t received anything more on this, I just want to remind the board that this property is zoned A-1 agriculture not L-1 lake property and that is why he is requesting a rear setback variance instead of a front setback variance.

President Jerry Thompson asked, Jerry?

Attorney Altman stated, obviously the reason it was tabled last time was because the site improvement survey didn’t show the homes that are on this piece of ground and it was deemed that at least some of them ought to be on the survey. The numbers the 59.4 and the 60.8 and that sort of thing with an X tell us what that means.

Rocky King stated, I’m sorry I didn’t get a copy of that.

Director Weaver stated, here he can have this.

Attorney Altman stated, I’m just looking at that and I didn’t know what that meant.

Rocky King stated, I’m sorry where are you.

Attorney Altman stated, right beside the proposed house and then below that the numbers 59.6.

Rocky King stated, oh those are the elevations.

Attorney Altman stated, okay.

Rocky King stated, actually there is a crest there if I come back I will actually be two inches lower. That is just the elevation there.

Attorney Altman stated, to make sure you are above the flood plain.

Rocky King stated, I’ve done gone through all of that with the Army Corp of Engineer and DNR and Health Department. I’ve done all of that homework and I’m, the only thing I’ve got left is the variance.

Attorney Altman asked, is this going on the sewer system?

Rocky King stated, it is on an existing septic.

Attorney Altman stated, I know, but will it be going on the sewer system?

Rocky King asked, will the property eventually be on the sewer system?

Attorney Altman stated, yes.

Rocky King stated, eventually when it comes down there. Right now there is no sewer down there. There is talk that they are coming down that far and we will be in compliance once they get there.

Attorney Altman stated, okay, we would require that.

Director Weaver stated, I don’t think that is in the near future that that is going to happen.

Rocky King stated, there has been talk but nothing yet.

Director Weaver stated, he is quite a ways off of the road.

Attorney Altman stated, I believe it, I believe it.

Rocky King stated, the closes to the next building is almost 80’ the next little trailer is 80’.

President Jerry Thompson asked, is there anyone else? Dave Stimmel?

David Stimmel stated, Mr. King just a question about the existing mobile homes that are there. The one at the bottom of the drawing that I have here actually shows the mobile home. Is that on the river bank? How far…

Rocky King asked, that bottom square?

David Stimmel stated, yes.

Rocky King stated, I do not know what that is to be honest with you.

David Stimmel stated, it says mobile home and if it is.

Rocky King stated, yes, but that, well let me take that back. Where that line is on the front that is not the actual river, I believe that the State owns part of that so the survey…

David Stimmel stated, okay.

Rocky King stated, the survey is just on our property. That is actually 20’ from the river’s edge.

David Stimmel stated, okay, I was just curious.

President Jerry Thompson asked, is there anything else Dave?

David Stimmel stated, no sir.

President Jerry Thompson asked, Dave Scott?

David Scott asked, Diann if the zoning was L-1 or whatever, what would the setbacks have to be?

Director Weaver stated, it would have to be 30’ from the water edge easement.

David Scott asked, waters edge or

Director Weaver stated, the waters edge easement.

President Jerry Thompson asked, is there anything else Dave?

David Scott stated, no.

President Jerry Thompson asked, Gary?

Gary Barbour stated, no.

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 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 50’ rear setback variance to build a dwelling with a roofed deck on the property that will replace an existing mobile home on that part of the Northeast fraction of the Southwest Quarter of Section 1, Township 28 North, Range 3 West in Liberty Township, White County, Indiana described by: Beginning at a railroad spike found at the intersection of the South line of the North Half of said Southwest Quarter and the centerline of Rock Ridge Road; thence South 15 Degrees 26 Minutes 31 Seconds West 23.77 feet to a Survey nail set; thence North 84 Degrees 42 Minutes 05 Seconds West along an existing fence and occupation line 332.36 feet to a capped ½ inch iron pipe (I.P.) set on the East bank of the Tippecanoe River; thence along said bank North 15 Degrees 26 Minutes 35 Seconds West 120.31 feet to an I.P. set, North 14 Degrees 44 Minutes 32 Seconds East 126.08 feet to an I.P. set and North 27 Degrees 47 Minutes 18 Seconds East 105.46 feet to an I.P. set; thence South 86 Degrees 39 Minutes 53 seconds East 399.06 feet to a Survey nail set on the centerline of Rock Ridge Road; thence South 16 Degrees 59 Minutes 53 Seconds West 355.00 feet to the point of beginning, containing 3.307 acres.

COMMON DESCRIPTION: The property is located Northeast of Buffalo at 10228 N. Rock Ridge Road.


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

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


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

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#2422 Michael E. & Bonita M. Triplett; The property is located on .39 of an acre, South of Lowe’s Bridge at 4866 N. Boxman Place.

Violation: None.

Request: They are requesting a 10’ rear setback variance to build an addition to attach the existing boathouse to the existing home for a bed & breakfast/lodge.

President Jerry Thompson asked, sir you are?

Michael Triplett stated, I’m Michael Triplett.

President Jerry Thompson stated, you are Michael Triplett. You have the floor. Do you have anything else you would like to submit?

Michael Triplett stated, no, the front of our house is even with the back of the boathouse. The boathouse is 24’ long and as I understand it the rear setback is 30’ so we are just requesting to e able to square it off with the property line.

Director Weaver stated, you have a lot of surveys going on with this property. The one you want to look at is the one with the black box, the one you go tonight with the pictures. The survey you got previously showed an addition there and he is not going to be doing the addition.

Attorney Altman stated, is it the one that says received 5/19/05?

Director Weaver stated, yes.

Attorney Altman stated, so that has been deleted from this proposal.

President Jerry Thompson stated, I don’t have that.

Director Weaver stated, it is with the pictures.

President Jerry Thompson stated, oh with the pictures.

Director Weaver stated, the one you have that does not have a received stamp on it I made a copy of that to show you the ingress/egress easement before the garages where built. I didn’t know if that would be a concern of the board or something that they wanted to see. That is why you have a copy of that.

President Jerry Thompson asked, Jerry do you have anything?

Attorney Altman stated, no I don’t. The only thing I mention is that this matter was rezoned and rezoned with a commitment that the use would be B-2 or a Bed and Breakfast and that was approved by the County Commissioners I believe on Monday is that right Diann?

Director Weaver stated, yes.

Attorney Altman stated, I think the board should know.

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

Gary Barbour any questions?

Gary Barbour stated, no.

President Jerry Thompson asked, Dave Scott any questions?

David Scott asked, what does this note on here say?

Attorney Altman stated, this area is to be requested from SFLECC to be purchase or have an encroachment license in the future.

David Scott stated, in the future.

Attorney Altman stated, I think that is the future, right Diann. Actually again it is a bit like the one I said just a bit ago that was across and on and in this case again on SFLECC property. We can’t or whatever it is we can not cure it, we can’t do anything that is encroaches on someone else’s property. We can only go to that property.

Director Weaver stated, he is in the process of working with SFLECC.

Attorney Altman stated, I can believe that, but I’m just saying for the record we can’t do anything to override the fact that they own that property where that where that boathouse is.

Michael Triplett stated, I understand that.

Director Weaver asked, are you planning on making any changes to the boathouse?

Michael Triplett stated, just building on top of it. It is a 1’ thick concrete boathouse right now, and we are going to build on top of it. When I was talking with SFLECC there is an existing roof structure there now. We are asking to be able to build a room up on top a recreational room that would walk out on to our boatlift. I’m working with them on the resolution of this that is why I’m talking about either purchasing or license agreement. If nothing comes of it and it can’t be done, then all we are going to do is take down the existing deteriorated enclosed porch area and put a new one in. That is something that I’m working with SFLECC on.

Attorney Altman stated, it really doesn’t have anything to do with this application tonight.

Michael Triplett stated, no because the back 6’ of the boathouse is actually on our property. So we are asking for is an extension of that.

President Jerry Thompson asked, who added this note?

Director Weaver stated, Mr. Triplett did today in my office.

President Jerry Thompson stated, okay I was just curious.

David Scott stated, if he is going to rebuild on top of that boathouse.

Attorney Altman stated, he sure would need something from the board later on to do that.

David Scott stated, he would have to come back.

Attorney Altman stated, yes, he sure does.

Michael Triplett stated, that is fine.

Attorney Altman stated, he is not getting approval or asking for approval of that tonight.

Michael Triplett stated, correct. We are just asking approval on the variance so we can hire an architect and then get approval of what we are trying to design.

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

David Scott stated, no I guess not.

President Jerry Thompson asked, Gary?

Gary Barbour stated, no.

President Jerry Thompson asked, Dave Stimmel?

David Stimmel stated, I’m just trying to understand the drawing a little bit more. What about parking for, how many people at the lodge?

Michael Triplett stated, 4, we are going to have 4 rooms. There is parking directly north or farther to the rear. (He is currently showing them on the survey where the parking is.)

David Stimmel stated, that is all I have got Jerry.

President Jerry Thompson stated, okay. Diann did you have something else?

If there is no other discussion are we ready to vote.

Attorney Altman asked, is this on the sewer system?

Michael Triplett stated, yes.

Director Weaver asked, is it on at this time or is it going to be.

Michael Triplett stated, it will be, it is on the previous agreement that we can not occupy it until it is hooked up.

Without further discussion the board voted.

The Board finds the following:

1. That the building site is currently zoned B-2, General Business.


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


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


4. That no objectors were present at the meeting.


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


6. That the request is for a 10’ rear setback variance to build an addition to attach the existing boathouse to the existing home for a bed & breakfast/lodge on that part of the North Fractional Half of the Northwest Fractional Quarter of Section 5, Township 27 North, Range 3 West in Liberty Township, White County, Indiana, described by: Commencing at the Northeast corner of the Northwest Factional Quarter of the above said Section 5; thence West 1354 feet; thence South 196 feet; thence West 20 feet; thence South 01 Degrees 15 Minutes East 465 feet to the point of beginning; thence West 105.93 feet; thence South 06 Degrees 20 Minutes West 35.22 feet; thence West 53.82 feet; thence South 00 Degrees 24 Minutes West 60.00 feet; thence South 89 Degrees 22 Minutes West 30.09 feet to the Northern Indiana Public Service Company line; thence along said line South 35 Degrees 00 Minutes East 116.35 feet and North 84 degrees 40 minutes East 41.27 feet; thence North 00 Degrees 16 Minutes West 86.28 feet; thence North 85 Degrees 14 Minutes East 25.39 feet; thence North 00 Degrees 32 Minutes East 63.44 feet; thence East 62.50 feet; thence North 01 Degrees 15 Minutes West 35.00 feet to the point of beginning, containing 0.39 of an acre, more or less.

COMMON DESCRIPTION: The property is located South of Lowe’s Bridge at 4866 N. Boxman Place.


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

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


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

****

#2423 James C. & Carol Ford; The property is located on Lot 24 in Hunts Riverside Park Subdivision 2, Northeast of Buffalo at 9645 N. Valley Court.

Violation: None.

Request: They are requesting a 16’ front setback variance to enclose an existing deck.

President Jerry Thompson asked, anyone here representing the Fords?

James Ford stated, I’m James Ford.

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

James Ford stated, not really, everything should be laid out.

President Jerry Thompson asked, Diann?

Director Weaver stated, I don’t have anything else to add either.

President Jerry Thompson asked, Jerry?

Attorney Altman stated, not at this time.

President Jerry Thompson asked, does anyone here care to address the variance? Gary Barbour, anything for Mr. Ford?

Gary Barbour stated, I’m still looking.

President Jerry Thompson stated, I’m going a little quick. Dave Scott, do you have anything or do you need more time?

David Scott stated, SFLECC doesn’t have an easement through there.

Director Weaver stated, I don’t think so, no. We are to far North.

President Jerry Thompson asked, is there anything else Dave?

David Scott stated, no.

Attorney Altman asked, how will the roofline be on the proposed enclosure?

James Ford stated, it will be into the existing roofline. Right now the roofline runs this way and this would be coming into it with the peak roof so it looks natural.

David Scott asked, the neighbors from the other side didn’t have any concerns about the line of site?

Director Weaver stated, I’ve not had any calls that I’m aware of no.

James Ford stated, the one house actually sets in back or sets back from ours and they really can’t see around us anyway. The other one is, they actually can see better looking under more or less under the deck area. They are a little farther up because of the bend of the river, so there's really no obstruction.

Attorney Altman asked, and you are going to leave the view that is allowed under there?

James Ford stated, yes.

President Jerry Thompson asked, is there anything else Dave?

David Scott stated, no.

President Jerry Thompson asked, Dave Stimmel?

David Stimmel stated, no.

President Jerry Thompson asked, Gary?

Gary Barbour stated, no.

Without further discussion the board voted.

The Board finds the following:

1. That the property is properly zoned L-1, Lake District


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


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


4. That no objectors were present at the meeting.


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


6. That the request is for a 16’ front setback variance to enclose an existing deck on Lot 24 in Hunt’s Riverside Park Subdivision #2 in Liberty Township, White County, Indiana.

COMMON DESCRIPTION: The property is located Northeast of Buffalo at 9645 N. Valley Court.


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

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

****

#2424 Michael D. & Jenifer J. Weaver; The property is located on Lot 14 in William W. Richey’s Richey Park Subdivision, .14 and .173 of an acre, South of Monticello at 5911 Richey Park Lane.

Violation: None

Request: They are requesting a 7’ front setback variance to build an addition and replace the top floor of the existing home.

President Jerry Thompson asked, you are?

Mike Weaver stated, I’m Mike Weaver, the property owner. Basically all we want to do is enclose a porch and build a new roof over the entire structure. We won’t change the footprint of the property at all.

President Jerry Thompson asked, Diann anything?

Director Weaver stated, no, other than we did receive a joint summary stipulation of Judgement of Plaintiff’s, SFLECC. I presented a copy of this to Jerry Altman so he could look at this prior to the meeting and I’ve not had a chance to get his impute on this.

Mike Weaver stated, it is paragraph 9 of that SFLECC has agreed to not oppose.

Attorney Altman stated, I looked at this and their were exhibits of one part of that, let me I think they maybe a part of our evidence. I might be able to make some more sense by looking at this. Diann apparently didn’t get it any quicker than she got it to me so that I.

Director Weaver stated, I’ve been out of the office a couple of days, it came in on the 17th. It laid on my desk for a couple of days.

(Currently going over the survey showing were things are setting.)

President Jerry Thompson asked, Jerry do you have anything?

Attorney Altman stated, help me and tell me where this is the .173 actually that is where the survey Mr. Milligan gave us with your home in there.

Mike Weaver stated, actually the .173 is actually back here. There has been an error on the survey.

Attorney Altman stated, yes.

Mike Weaver stated, we just resolved that, that is what that paragraph or this paperwork is talking about.

Attorney Altman stated, I understand.

Mike Weaver stated, this is now all one tract. The .173 is actually located here.

Attorney Altman stated, along the West boundary of lot 14.

Mike Weaver stated, correct.

Attorney Altman stated, so you actually own both sides of lot 14.

Mike Weaver stated, yes correct. This is actually a part of lot 14 now.

Attorney Altman stated, so you’re tract where the house is, is your metes and bounds description. You own lot 14 too?

Mike Weaver stated, correct.

Attorney Altman stated, then you own some property that is on the West Side here.

Mike Weaver stated, correct.

Attorney Altman stated, you are putting basically all of this ground together.

Mike Weaver stated, these two tracts here will become one.

Attorney Altman stated, okay lot 14

Mike Weaver stated, the .173 will remain separate.

Attorney Altman stated, okay so what you are effectively marrying together assuming this request is granted is and I’m looking at Mr. Milligan’s survey dated April the 14, 2005. Lot 14 and meets and bounds description that has a 24’ x 28’ house in the center.

Actually there is more property that is West of lot 14, that you are saying it has nothing to do with this proposal.

Mike Weaver stated, no it does not, that is an independent lot or acreage.

Attorney Altman asked, tell me why you are keeping it independent?

Mike Weaver stated, it is just a separate lot, buildable I believe most like will be in the future.

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

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’ front setback variance to build an addition and replace the top floor of the existing home on Lot Number Fourteen (14) in William W. Richey’s Richey Park Subdivision as recorded in Deed Record 125 pages 219 and 281 of the Records of White County, Indiana.

Also, a tract of land beginning in the Southwest corner of Lot Number Fifteen (15) in William W. and Viola Richey’s Richey Park Subdivision located in Union Township, White County, Indiana in the Southeast Quarter of Section Twenty-eight (28), in Township Twenty-six (26) North, Range Three (3) West; thence North 80 Degrees 20 Minutes East 50 feet; thence South 120 feet; thence westerly with a meanderly line of the Hydro Electric Power Company line, a distance of 52 feet; thence North 125 feet to the place of beginning, containing .14 of an acre, more or less.


Also, That part of Southeast Quarter of Section 28, Township 26 North, Range 3 West, Union Township, White County, Indiana Described by:

Commencing at a ½ inch iron pipe (IP) found at the Southwest Corner of Lot 15 in Richey Park Subdivision; thence along the South Line of said Lot 15 North 80 Degrees 01 Minutes 29 Seconds East (N 80˚ 01’29”E) 49.93 feet to an IP found and South 87 Degrees 00 Minutes 46 Seconds East (S 87˚00’46”E) 86.88 feet to an IP found at the Point of Beginning;

Thence South 87 Degrees 00 Minutes 46 Seconds East (S 87˚00’46”E) 58.82 feet to an IP set; thence South 6 Degrees 04 Minutes 59 Seconds East (S 6˚04’59”E) 102.62 feet to an IP set thence South 75 Degrees 57 Minutes 01 Seconds West (S 75˚57’01”W) 76.41 feet to an IP set; thence North 2 Degrees 05 Minutes 23 Seconds East (N 2˚05’23”E) 123.74 feet to the point of beginning; said described tact containing 0.173 acres, more or less.


COMMON DESCRIPTION: The property is located South of Monticello at 5911 Richey Park Lane.


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.

****

#2425 Jack E. & Rose Marie Davis; The property is located on 1.07 acres, North of Buffalo at 6622 E. Chapmans Drive.

Violation: None.

Request: They are requesting a 1.9’ elevation variance to build an addition at the same level as the existing house.

President Jerry Thompson asked, sir you are?

Jack Davis stated, I’m Jack E. Davis.

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

Jack Davis stated, no I just want to make my house a little bit bigger because my family is growing.

President Jerry Thompson stated, that is good.

Jack Davis stated, I have a hard time with my legs and everything so I want to put an additional bathroom with a walk in shower.

President Jerry Thompson asked, Diann?

Director Weaver stated, I don’t have anything to add. We do have an elevation certificate and I’ve taken pictures. I tried to take pictures so that you can see the elevation of the home now. So you can see how the land lays.

President Jerry Thompson asked, Jerry anything?

Jack Davis stated, no I don’t.

President Jerry Thompson asked, is there anyone here who cares to address the variance? Gary Barbour any questions?

Gary Barbour stated, no.

President Jerry Thompson asked, Dave Scott?

David Scott asked, we require 2’ out off of the 100-year flood?

Director Weaver stated, yes.

David Scott asked, he wants to be basically 2 tenths.

Director Weaver stated, he would be the same level of the existing house.

David Scott asked, has the existing house ever been in water?

Jack Davis stated, no, not to my knowledge and I have been there 37 years.

Director Weaver stated, what my pictures don’t show very well is, there is another drop off towards the water from the house.

Jack Davis stated, the highest the water comes is in about 25’ of the house and by then it is maybe 6” or 8” deep until you get out closer to the lake. The reason I’m doing this to is also, I get water seepage in my basement and there is nothing I can do about it because the DNR will not let me dig around there, so I’m putting in an equipment room in this upper level. There will be a 3’ crawl space underneath it. My furnace, hot water tank, and everything will be in there, the only thing down there will be a sump pump. My neighbors are probably in their basement now because when there is a storm up that is where they head.

David Scott asked, Jerry do we need a waiver of liability or something that says if in fact he does get water in his house or has damage that we are not responsible. I mean we have, the DNR has a 100-year flood plan they go by, does that make us anyway liable if we raise and he gets water in his house and we made the exception? I’m not trying to stop your project…

Jack Davis stated, there is no flood insurance or nothing involved here.

Attorney Altman stated, obviously I would say on the record that he doing this on his own and that our approval doesn’t give him any shelter from the rain or any of, it doesn’t allow him to win a suit against us. I don’t think granting this as a variance would do that.

David Scott stated, he just proceeds at his own risk.

Attorney Altman stated, that is what I see he is proceeding at his own risk.

David Scott stated, the other thing, what is to keep him if a problem happens from coming back to the county and saying my property got flooded and I want you to buy my property.

Attorney Altman stated, there is a move of 1’ to in fact do that instead of pay the damage or do the high-risk insurance or flood insurance in flood areas like this. That is something that is happening in fact. I think there is a real reason that that may happen.

David Scott stated, I guess since the existing house is there, he is just making like that. I’m not going to oppose it, but I’m not in favor of varying from what the DNR had as the 100 year flood plan. I’ve got to much experience in negative.

Attorney Altman stated, right, Monon has really gotten blasted.

David Scott stated, there is a lot of problems with building in flood plains everywhere just not in Monon.

President Jerry Thompson stated, this gentleman wants to say something.

Doug Sanders stated, Doug Sanders and I live across the street from Jack needless to say he is my friend, but if the water gets in his house, it is in mine.

David Scott stated, I appreciate that, but the DNR sets a line of what or has a record of what the 100-year flood is.

Doug Sander stated, I understand, we built one and I got a permit, I got mine quite a few years ago to get my permit. I had to go through the DNR for the 100-year flood plain. For the water to get in to his house today because when, I walk every day. When it is flooded up through there to get in his house to be like on the living room floor and stuff like that, that water would have to get up swear to God from where it gets up it would have to go up 4’ or 5’ to get in his house.

Jack Davis stated, yes, easy when you see my foundation it just drops down. It is a good 5’ above that.

David Stimmel stated, Dave your concern.

Jack Davis stated, that big ice jam that we had where it took the top of the bridge off in Buffalo I never got water in my house.

David Stimmel asked, do you see this as a proposed addition, is it just, or why is there an elevation variance?

David Scott stated, we have or our ordinance says you have to be 2’ off of the 100-year flood plain. He is going to be within an inch of it with new construction.

David Stimmel asked, is this considered the new construction, this is what I’m trying to understand?

Attorney Altman stated, the dotted line.

David Stimmel asked, this is the proposed construction here?

Jack Davis stated, yes. This is a deck that I had put on a long time ago.

David Stimmel stated, so this exists.

Jack Davis stated, yes.

(Showing Dave Scott what he is doing on the survey.)

President Jerry Thompson asked, does anyone have any general questions for him? Gary do you have anything?

Gary Barbour stated, no.

President Jerry Thompson asked, Dave Scott are you satisfied?

David Scott stated, no, but yes.

Without further discussion the board voted.

The Board finds the following:

1. That the property is properly zoned R-3, Multi-Family Residential.


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


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


4. That no objectors were present at the meeting.


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


6. That the request is for a 1.9’ elevation variance to build an addition at the same level as the existing house beginning at a point One Thousand Thirty Three (1033) feet North; thence North Seventy-one (71) Degrees Thirty (30) Minutes East Two Hundred (200) feet; thence South Twenty-four (24) Degrees East Ninety-six (96) feet; thence South Forty (40) Degrees East Two Hundred five (205) feet; thence East Two Hundred Thirteen (213) feet and South Eighty-five (85) Degrees East Three Hundred Twenty-one (321) feet from a corner stone located in the Southwest corner of the Southwest Quarter (1/4) of the Southeast Quarter (1/4) of Section Ten (10), Township Twenty-eight (28) North, Range Three (3) West in Liberty Township, White County, Indiana, being the Northeast corner of Tract No. 2 to a conveyed:

Thence South Three Hundred Forty-three (343) feet to the North line of the Tippecanoe River; thence down stream in a Westerly direction with the meandering of the Tippecanoe River a distance of One Hundred Thirty-five (135) feet; thence North Three Hundred Fifty (350) feet; thence South Eighty-five (85) Degrees East and containing 1.07 acres, more or less.

COMMON DESCRIPTION: The property is located North of Buffalo at 6622 E. Chapmans Drive.


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

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

****

Violation #05-01

Michael A. & Cynthia L. Fortune; Former owners of property that 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.

President Jerry Thompson asked, is there anyone here representing this? I don’t believe so. I know everybody. Diann or Jerry who wants to go first on this?

Attorney Altman stated, the only thing that I can mention is the 18th we received the return receipt letters that we mailed to them by certified mail. However, I can tell the board that we sent by regular postage the mailings to them as a letter April 27, 2005 indicates that they were to appear at the April 21 meeting and they increased the fine to $5,000 and ordered to appear at tonight’s meeting. They are not here. They did not sign for that, but the letters did not come back so I’m fairly convinced that the post office did what we expected and they did have notice of tonight’s meeting and that they are obviously not here. I would suggest that the board authorized me to take collection action on this judgement and reduce the fine to a judgement against both of them and to take collection action against them.

President Jerry Thompson asked, you have received no correspondence from them, no phone calls, no letters, nothing what so ever?

Director Weaver stated, no

Gary Barbour stated, I make a motion that our attorney pursues it?

Attorney Altman stated, you might ask if someone wants to talk about this.

President Jerry Thompson stated, not those three. Does anyone have any input on this?

Attorney Altman stated, let me suggest a motion reduce the fine to a judgement against Michael A. Fortune and Cynthia A. Fortune and that the Attorney for the White County Area Plan Commission and BZA be authorized to take necessary legal action to collect a judgement.

David Stimmel stated, I’ve confused about your comment about reducing the fine.

President Jerry Thompson stated, yes.

Attorney Altman stated, usually when a fine is, you probably want to reduce it to a judgement.

Davis Stimmel stated, I don’t understand.

Gary Barbour stated, I’m with Terry get all you can.

Attorney Altman stated, I understand, reducing it to a judgement makes it a lien on their property.

David Stimmel stated, it remains at $5,000.

Director Weaver stated, but they don’t own the property.

Attorney Altman stated, for $5,000.

Director Weaver stated, they no longer own the property.

Attorney Altman stated, they own some property in Kokomo.

Director Weaver stated, I don’t know if they do or not.

Attorney Altman stated, well we will find out.

David Stimmel stated, wherever they own property.

Attorney Altman stated, wherever they own property.

Director Weaver stated, so it just has to be this property.

Attorney Altman stated, no, not this property at all, I don’t think the board has found any coupleablity here in White County.

President Jerry Thompson stated, now back up and say this again. You are going to access.

Attorney Altman stated, you reduce it to a judgement.

Gary Barbour stated, you reduce it to a judgement.

Attorney Altman stated, for $5,000 and I take action to collect it.

President Jerry Thompson stated, I was in the mood to bump it for a no show.

Director Weaver stated, twice.

President Jerry Thompson stated, yes, no correspondence of any kind.

David Stimmel stated, no.

Attorney Altman stated, whatever you decide the ultimate fine I just want it reduced to a judgement. I didn’t mean it that way.

Gary Barbour stated, it comes across that way. I understand what you are saying, but it is coming across that way.

President Jerry Thompson stated, yes, it is like we are folding our tents here.

Attorney Altman stated, no, whatever it is.

Terry Beasy stated, what it is the fine can not be legally collected in court, but the judgement then goes against a legal so by reducing the fine to a judgement it stays the same amount, but the judgement is collectable in the court.

Attorney Altman stated, you did say that you can proceed to increase the fine.

Gary Barbour stated, my motion was correct. I want our attorney to pursue it to his best judgement without reducing the amount of money coming from.

Attorney Altman stated, oh no I didn’t mean reduce the amount of money at all.

Gary Barbour stated, I’m just making it clear.

Attorney Altman stated , you want a judgement for $5,000 or are you going to raise it.

President Jerry Thompson stated, I don’t think I can. Can I legally?

Gary Barbour stated, plus attorney’s fees.

President Jerry Thompson stated, legally I can only vote in case of a tie.

David Scott stated, I make a motion the $5,000 plus the attorney’s fee and any incurred fees.

President Jerry Thompson stated, that is fair.

David Stimmel stated, I will second that.

President Jerry Thompson stated, okay has been moved and second. Do you have that down Diann?

Attorney Altman stated, and that this is a judgement.

Director Weaver stated, you want it to be $5,000 plus attorney fees as a judgement.

David Scott stated, my motion was any incurred fees, I don’t know what the expenses might be.

Director Weaver stated, I changed that to any incurred fees.

President Jerry Thompson stated, okay moved and second. All in favor signify by saying “aye” all opposed?

Motion carried 4 to 0.

****

President Jerry Thompson asked, Diann is there anything else?

Director Weaver stated, I don’t have anything else.

President Jerry Thompson stated, the next meeting is June 16.











The meeting adjourned.

Respectfully submitted,

Gary Barbour, Secretary

Diann Weaver, Director

White County Area Plan Commission