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The White County Board of Zoning Appeals met on Thursday, September 15, 2005 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

Visitors attending were: Noel Lyons, John Socha, Carmella Socha, Dennis O’Brien, Rich Singer, Sue Metcalf, Barbara Kendrick, Dennis Paul, Don Uselton, Susan Armstrong, Heidi Justice, Gail Armstrong, Gerald Armstrong, Jerry Long, Ginny Long, Robert Blamer, and Ruth Magers (Shidler).

The meeting was called to order by President Jerry Thompson and roll call was taken. Attorney Altman swore in all Board members and audience members. The July 28, and August 2, 2005 minutes were tabled until the October meeting.

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#2445 Danny G. & Susan K. Martin; The property is located on Lot 82 in Parse’s Forest Lodge Second Addition, located North of Monticello at 5303 N. Stahl Road. Tabled from August 18, 2005.

Violation: They built an unroofed deck, an unroofed patio and a privacy fence without a permit and too close to the front property line.

Request: They are requesting a 3’ front setback variance for an unroofed deck, a 4’ front setback variance for an unroofed concrete patio and a 26’ front setback variance for a 6’ tall privacy fence.

President Jerry Thompson stated, it has been tabled, so we will not be addressing this one. It is the first one.

Director Weaver stated, Carol wants to know if we need to vote on that.

Carol Stradling stated, just to make sure there are no objections to that.

President Jerry Thompson stated, well would you like.

Carol Stradling stated, I don’t want to object, but I just want to make sure there are no objections to tabling that.


President Jerry Thompson stated, that is fine is everyone agreeable to that. Are there any objections to tabling this variance.

David Stimmel stated, no.

President Jerry Thompson stated, all in favor.

The vote was 5 to 0 to table the variance.

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#2447 Richard M. Singer; The property is located on .08 of an acre, more or less and .18 of an acre, more or less, located West of Lowe’s Bridge at 3814 E. Bailey Road. Tabled from August 18, 2005.

Violation: None

Request: They are requesting an 8’ front and a 6’ rear setback variance for a 4’ split rail fence and a 6’ rear setback variance for a 6’ privacy fence. He is also requesting a 2’ setback variance (eave) from the side and rear property line for a detached garage.

President Jerry Thompson asked, and sir you are?

Richard Singer stated, Richard Singer.

President Jerry Thompson stated, you have the floor.

Richard Singer stated, we were tabled because the differences in the drawings. You guys have a copy of that new drawing.

Director Weaver stated, have sent out to the board copy of the new survey dated August 22.

Attorney Altman stated, that is the one marked received August 30, 2005.

Director Weaver stated, yes.

Attorney Altman asked, does everyone have that?

President Jerry Thompson asked, do you have anything Diann?

Director Weaver stated, I just believe when you look at this survey we can see where the maybe the error came in for the 26’. When I talked to MR. Milligan about this he explained to me that they measured the house at the property line, the side property line and forgot to add the 2’ at the actual house location on the survey. That was my understanding from him.

President Jerry Thompson stated, okay.

Director Weaver stated, I might also add that and the survey does not show it, but in the back yard there is a small shed located beside where the proposed garage is going.

President Jerry Thompson stated, okay.

Attorney Altman stated, that will be removed.

Richard Singer stated, I’m probably going to move it, I’d like to keep it. The garage is not going up this year. Probably couple of years down the road.

President Jerry Thompson stated, okay. Jerry anything else?

Attorney Altman stated, I’m just thinking if that is a problem or not, go ahead.

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

Okay.

Attorney Altman asked, where would you be moving that shed?

Richard Singer stated, it will probably be about 4’ off of the North property line and still be 8’ off of the West property line. A little bit farther South.

Attorney Altman asked, the shed is which photo does it show in the easiest Diann?

Director Weaver stated, I will have to look, I don’t think you can even see it.

Attorney Altman stated, I don’t think you can see it very well. What kind of shed is it?

Richard Singer stated, it is a vinyl 8’ x 8’.

Director Weaver stated. I can’t identify it, he might.

Attorney Altman asked, is it 8’ tall or?

Richard Singer stated, no it is 6’ tall.

Attorney Altman stated, I think you ought to have that on the survey as to the proposed location so that later on the director and all can determine where that is. That ought to be added to the survey, I don’t know if the board has any questions or is troubled with that so it makes a difference in the vote, and it needs to be on there.

Richard Singer stated, okay.

Director Weaver stated, if the board allows it, is that something that can be done after tonight.

Attorney Altman stated, based on his testimony yes. Yes it could be. As it is a varied item and it doesn’t change the advertisement, I think this can be done this way.

President Jerry Thompson asked, is there anything else Jerry?

Attorney Altman stated, no.

President Jerry Thompson asked, Carol any questions for Mr. Singer?

Carol Stradling stated, no I think we asked a lot of questions last time and just needed to verify the numbers.

President Jerry Thompson asked, 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.

President Jerry Thompson stated, so then before we vote, should be enter that into the record to placing the building on the plat. Anyone care to make that motion?

Carol Stradling asked, does it need to be resurveyed?

Attorney Altman stated, it needs to be put on the survey, it is going to be moved to a location, it doesn’t have to be surveyed, it isn’t there now, so you have to, he just has to have the location designated on there.

Carol Stradling stated, when he goes to build the garage.

Attorney Altman stated, yes.

Carol Stradling asked, when do you plan on building the garage?

Richard Singer stated, at least two years down the road.

Director Weaver stated, he included the garage on the request because he knew he was planning on doing it and that way he would not have to come back to the board.

Carol Stradling stated, I would move that when you do construct the garage that you come in an update the placement of the shed on the survey so we have it located.

President Jerry Thompson asked, do we have second to that motion?

Gary Barbour stated, I will second it.

President Jerry Thompson stated, it has been moved and seconded. All in favor and all opposed. Motion carried 5 to 0 must locate shed on the survey.

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 an 8’ front and a 6’ rear setback variance for a 4’ split rail fence and a 6’ rear setback variance for a 6’ privacy fence. He is also requesting a 2’ setback variance (eave) from the side and rear property line for a detached garage on a tract of land located in the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section Thirty One (31), Township Twenty Eight (28) North, Range Three (3) West in Monon Township, White County, Indiana, and described more fully as follows: Beginning at a point which is South One Degree and Thirteen Minutes East (S 1º 13’ E) Two Hundred Six and Four Hundredths (206.04) Feet and North Ninety Degrees East (N 90º E) Two Hundred Thirty Two and Sixty Six Hundredths (232.66) Feet from the Northwest corner of the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of the above said Section Thirty One (31) and running thence North Ninety Degrees East (N 90º E) Forty (40) feet; thence South Zero Degrees East (S 0º E) Sixty Nine and Forty Seven Hundredths (69.47) Feet; thence South Fifty One Degrees and Sixteen Minutes West (S 51º 16’ W) Fifty One and Twenty Seven Hundredths (51.27) feet; thence North Zero Degrees East (N 0º E) One Hundred One and Fifty Five Hundredths (101.55) feet to the point of beginning, containing Eight Hundredths (.08) of an acre, more or less.


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

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


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


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


Attorney Altman stated, you need to get your building permit before you proceed, and you need to get your building permit for the house consistent with the variance to, so that needs to be amended.

Director Weaver stated, Jerry I believe his permit is correct. The survey was showing incorrect.

Attorney Altman stated, oh okay, then that is fine.

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President Jerry Thompson asked, Jerry should I back up here on variance #2445 and enter this on to the record? I just now found it. I missed that.

Attorney Altman stated, it probably should be noted on the record that we received on 9/12/05 addressed to the White County Area Plan a letter from the Martin’s requesting it be tabled. (See letter in file Jerry read it to the board.)

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#2450 Jerry L. & Virginia A. Long; The property is located on 1.130 acres, located in the Town of Burnettsville at 106 S. West Street.

Violation: None

Request: They are requesting an 11’ front setback variance from West Street to build an addition on the existing dwelling.

President Jerry Thompson asked, you are?

Jerry Long stated, I’m Jerry Long.

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

Jerry Long stated, it is pretty straight forward, maintaining the North and the South end of the house and going East 16’ for the front setback.

Director Weaver stated, I might add that the Long’s have also requested to rezone this property. It was currently zoned B-2 I believe and they have requested to rezone the property and that was approved by the Area Plan Commission and has been forwarded to the Town of Burnettsville.

President Jerry Thompson asked, Jerry do you have anything?

Attorney Altman stated, no other than it looks like a very nice big lot.

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

David Stimmel?

David Stimmel stated, no.

President Jerry Thompson asked, Dave Scott?

David Scott stated, no.

President Jerry Thompson asked, Gary Barbour?

Gary Barbour stated, no.

President Jerry Thompson asked, Carol?

Carol Stradling stated, no.

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 an 11’ front setback variance from West Street to build an addition on the existing dwelling on the part of the Northwest Quarter of the Northwest Quarter of section 25, Township 27 North, Range 2 West in the Town of Burnettsville, White County, Indiana described by:

Commencing at a PK nail at the Northeast corner of the northwest quarter of the above said section 25; thence South 00 degrees 36 minutes 00 seconds East (North line of said quarter quarter bears South 89 degrees 31 minutes 00 seconds West) along the fractional section line 160.78 feet to a surveyor nail and the point of beginning; thence South 00 degrees 36 minutes 00 seconds East 309.50 feet to a surveyor nail; thence North 89 degrees 54 minutes West 203.35 feet to a ½ inch iron pipe; thence North 00 degrees 35 minutes 09 seconds cast 306.37 feet to a ½ inch iron pipe; thence North 89 degrees 11 minutes 35 seconds East 197.00 feet to the point of beginning, containing 1.415 acres, except, that part of the northwest quarter of the northwest quarter of section 25, township 27 North, range 2 West in Jackson township, White County, Indiana, described by:

Commencing at the northeast corner of the northwest quarter of the northwest quarter of said section 25; thence South 0 degrees 36 minutes 00 seconds East along the centerline of CR 1425E and the fractional section line a distance of 406.78 feet to a point of the centerline of U.S. 24 and the point of beginning;; thence continuing South 0 degrees 36 minutes 00 seconds East along said line a distance of 64.50 feet; thence North 80 degrees 54 minutes 00 seconds West a distance of 203.35 feet; thence North 0 degrees 35 minutes 09 seconds East a distance of 58.91 feet to a point on the centerline of U.S. 24; thence North 88 degrees 48 minutes 00 seconds East along the centerline of U.S. 24 a distance of 202.13 feet to the point of beginning, said described tract containing 0.285 acres, more or less

COMMON DESCRIPTION: The property is located in the Town of Burnettsville at 106 S. West 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 5 affirmative and 0 negative.


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

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#2452 Dennis L. & Brenda A. O’Brien; The property is located on Lots 6 & 7 in Gingrich 3rd Addition, located south of Monticello at 5194 S. Gingrich Court.

Violation: None

Request: They are requesting a 2.3’ elevation variance for the floor of an attached garage. Our flood ordinance requires the lowest floor elevation to be 619.1 and they are requesting it be 616.8’.

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

Dennis O’Brien stated, I’m Dennis O’Brien

President Jerry Thompson asked, do you have anything else to add tonight?

Dennis O’Brien stated, basically we were here in April requested a side, front, and rear setbacks. The house is under construction and Bob Wrede came out to the site on the property and we raised everything out of the elevation of the flood plain or we could get the first floor of the property out of the flood plain. This garage floor with the existing elevation that he wants to put the floor at is over 2’ above the current road and in order to South Gingrich. My biggest concern is with the 20’ setback that I got in the front for the attached garage. Going off the road over 2’ in less than a 20’ span is going to be very difficult to get my vehicles into an attached garage if we go to a 619.1’ it is going to put me 5’ above the road. I think Diann has some pictures if I’m not mistaken.

Director Weaver stated, you all have a copy.

Dennis O’Brien stated, those and the elevations along there of other properties that are currently in existence, most of those properties are setting at road or just barely above road elevation.

President Jerry Thompson asked, Diann do you have anything?

Director Weaver stated, no, other than I have talked to the building inspector regarding this and he does have a little bit of concern because the request is actually to go lower that the base flood elevation by about 3 ¾” I believe. So he does have some concerns with that. Not based on the fact of this property but based on the fact that we might be set precedence if we approve that to go below that base flood elevation. Mr. O’Brien did bring us an elevation certificate on a suppose height. You don’t have a copy of that he just brought that in this evening.

President Jerry Thompson stated, oh, okay. All right. Jerry?

Attorney Altman stated, I don’t have anything to add to this, I think the evidence is there.

President Jerry Thompson stated, okay. Is there anyone here who cares to address this variance? Okay. Carol anything to ask Mr. O’Brien?

Carol Stradling stated, the floor of the house is where it needs the floor elevation?

Dennis O’Brien stated, the floor of the house is above floor elevation.

Carol Stradling stated, it is the floor of the garage that…

Dennis O’Brien stated, right, which is down about it, is basically not quite 2’ below the first floor elevation of the house. I’m having 2 steps coming up. The entire garage is all masonry around it is a 3 car attached garage with a garage floor the slopes basically 2” from the back of the garage to the front it. So any water that comes in is going to flow straight to the road no matter what elevation the garage floor is poured. The elevation of the road is private is about 2.2’ below the garage floor we are currently wanting to pour on that foundation. I’ve got the highest garage floor on S. Gingrich court right not at the current elevation. There will be a whole bunch of people will floor before I will. That is my concern. They will flood before I do.

David Scott asked, the wood structure part would be how far out of the flood plain then?

Dennis O’Brien stated, it is over 2’. We have raised the entire house at grade elevation we are like at 621. I believe I’m not positive to the first floor of the structure.

Carol Stradling asked, what does that do to the over height?

Director Weaver stated, he requested a height variance when he was here.

Carol Stradling stated, oh…

Dennis O’Brien stated, I had to because when we got ready to do the foundation work, the water table on Gingrich court is only 38” deep, I was expecting to go 42”. Bob Wrede said we can’t go 42” we have to go 36” and bring the house out of the ground. That is when we came in and requested the height.

Carol Stradling stated, all right, so that was already factored in.

Dennis O’Brien stated, yes. The other point I would like to bring out is once we went through all of the variance request back at the April meeting, all four which was granted to us we then came in and got our building permit and the building permit was on the tree and everything was a go and it was after the fact when the building inspector came out and said the garage floor is lower than what I like to see it. I didn’t have as big as problem with it as Contractors. Their concern was you’ve already granted a permit how can you come back after the fact and now make us raise the elevation of the garage floor, when the permit was already granted for construction.

Carol Stradling stated, are the elevations on the permit?

Director Weaver stated, no. When a permit is applied for we look at flood maps at that time and if there is concern there is normally a DNR letter requested and I believe you already had the DNR letter at that point, I’m really not sure what happened.

Dennis O’Brien stated, that is the reason why I brought the entire structure out of the ground at the elevation because of the DNR stipulation, but there was no concern at that time over the garage floor and once the footers was poured and the concrete block was put in place the inspector came out after the fact and then said the garage floor is not going to be high enough. You need to raise the garage floor up or apply for a variance. That is the reason I’m here.

President Jerry Thompson asked, Gary do you have anything?

Gary Barbour sated, no.

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

David Scott stated, no I can see the wood part of the structure is a couple of feet out of the, that is satisfactory to me.

President Jerry Thompson stated, okay. Dave Stimmel?

David Stimmel stated, no.

President Jerry Thompson asked, are we ready to vote?

Without further discussion the board voted.

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 2.3’ elevation variance for the floor of an attached garage. Our flood ordinance requires the lowest floor elevation to be 619.1 and they are requesting it be 616.8’ on Lot Number Six (6) and Lot Number Seven (7) in Gingrich Third (3rd) Addition in Union Township, White County, Indiana.

COMMON DESCRIPTION: The property is located South of Monticello at 5188 and 5194 S. Gingrich Court.


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


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


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

Dennis O’Brien stated, I will have that done post haste.

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#2453 Ruth A. Shidler; The property is located on 80’ off the W/E of Lot 1 and Lot 2 in Block 6 in the Original Plat, located in the Town of Reynolds at 400 E. 1st Street.

Violation: A room addition was built out of compliance with the setback requirements and not as permitted.

Request: She is requesting a 2’ height variance to build a detached garage with storage above.

President Jerry Thompson stated, so first of all let’s before I proceed with the appeal deal with your request. We will deal with the violation second. Do you have anything to add other than what I read pertaining to your request?

Ruth Shidler stated, no.

President Jerry Thompson stated, all right, did I confuse everyone.

Director Weaver stated, I don’t believe so.

President Jerry Thompson stated, well you looked at me like.

Director Weaver stated, no, I don’t think I have anything to add.

President Jerry Thompson stated, all right. Jerry?

Attorney Altman stated, size, we are not building anything other than a garage.

Director Weaver stated, I might add if you look at the pictures that they have part of the foundation and they did get a permit to do that with the understanding that they can not build up to create a violation.

President Jerry Thompson asked, is there anyone here who cares to address this either for or against? Dave Stimmel?

David Stimmel stated, no.

President Jerry Thompson asked, Dave Scott?

David Scott stated, no.

President Jerry Thompson asked, Gary?

Gary Barbour stated, no.

President Jerry Thompson asked, Carol?

Carol Stradling stated, no, not yet.

President Jerry Thompson stated, so would you want to go ahead and vote then deal with the violation. Okay. Any other discussion before we 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 2’ height variance to build a detached garage with storage above on


Tract I

Eighty (80) feet off the West end of Lot Number One (1) Block Six (6) in the Original Plat of the Town of Reynolds, White County, Indiana.

Tract II

Eight (80) feet off of the West side of Lot Two (2) in Block Six (6) in the Original Plat of the Town of Reynolds, White County, Indiana.

COMMON DESCRIPTION: The property is located in Reynolds at 400 E. 1st 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 5 affirmative and 0 negative.


Attorney Altman stated, you need to get a building permit for this variance.


Director Weaver stated, we need to amend it.


President Jerry Thompson stated, okay, now for the record the violation again a room addition was built out of compliance with the setback requirements and not as permitted. Diann do you want to add to that.


Director Weaver stated, yes, I have a copy of a letter that I sent to a certified letter, her name is actually Magers now. With that is a copy of the drawing that was submitted at that time and she and I have discussed that and when she received my letter she came in and talked to me and I just want to point out the one thing that was wrong she and I on the request they actually had the lot laid out the wrong direction and I don’t know if that caused the problem or what, but or how that happened but they do have the lot laid out in the wrong direction and I wanted to point that out to the board. Other than that I have nothing else. Do you have anything?


President Jerry Thompson stated, yeah I do, does it matter whose fault that it, probably not.


Director Weaver stated, I don’t know, I don’t know who drew the drawing.


President Jerry Thompson stated, so we are to go with this survey.


Director Weaver stated, I believe from talking to her that the survey is correct.


Ruth Shidler stated, the one by Jim.


Director Weaver stated, that is the correct one for the lot.


Ruth Shidler asked, can I speak please?


President Jerry Thompson stated, yes.


Ruth Shidler stated, my name is Ruth Shidler, now Magers. I’m sorry I’m nervous. I have lived in this out since I was a child and I brought some pictures because this was a carport.


President Jerry Thompson stated, okay we can, but if you present them we keep them.


Ruth Shidler stated, oh.


President Jerry Thompson stated, we are kind of rude.


Ruth Shidler stated, I will present them to you, I would like for you to see them.


President Jerry Thompson stated, we have these in the file.


Ruth Shidler stated, that doesn’t have the carport.


Director Weaver stated, once you present them can I make a copy from the originals, would that be okay.


Ruth Shidler stated, okay, I just wanted you to see this, we had an existing carport when I was a child. I bought the house from my parents in 78 or 79 and when we asked to build this room addition by Ray Ferdinand he said since it was existing ground that we would go by the grandfathered clause it didn’t matter, we could place the addition there and go over anything what that shows there. Yes I do want to admit that, that drawing is wrong and I will take the consequences for that, but.


President Jerry Thompson asked, does anyone else care to address this violation? Jerry do you have anything.


Attorney Altman stated, it certainly is inconsistent with Mr. Milligan’s survey. The drawing that you applied for I think that this is best lesson I can think of for getting a survey to check it over so you don’t through the expense of the $500 fine or the hassle and the nervousness that you are talking about for going no matter to what happens to the fine. The photos clearly show that there was a carport on there and….


Ruth Shidler stated, when we bought the house in 79 my parents never had it surveyed before I bought, it so we always knew that we owned feet off of the carport and there was no rule, we thought 7’, or 10’, but even Jay Fry who is my neighbor it was just kind of a shared yard, so we never, we never ever knew what it was until last year when I went to sell my house then we had it surveyed. At the time that I got the permit for the room addition there was no survey and no one came out.


President Jerry Thompson stated, okay, Carol do you have any questions.


Carol Stradling stated, so you are not in a location where it would be easy to determine where the property lines are, I…


Director Weaver stated, Carol if you look at the pictures the top right hand picture to the right of that is the room addition that was built, so you have a big yard there in between her and her neighbor.


Carol Stradling stated, okay the flags are actually where the property line...


Ruth Shidler asked, is that a recent picture that you took?


Director Weaver stated, yes, I think those are utility markings.


Ruth Shidler stated, yes they are.


Carol Stradling stated. okay, so you didn’t know, but when the drawing was put together you decided that 10’ was a good number.


Ruth Shidler stated, well I thought it was 10’, but when I went in and talked to Ray, he said it was a grandfathered clause there is already and existing slab there and it doesn’t really matter where your setbacks is because you are already there, that was built when the house was built in 1956. That car port.


Carol Stradling stated, just for the record it is not I mean it was essentially a slab and a roof, so it really isn’t grandfathered because there is no, but if that is what he said that is water under the bridge at any rate, I guess what concerns me is that when you put in a fence this year, did you do a survey then.


Ruth Shidler stated, that survey was done last year when I went to sell the house.


Director Weaver stated, Carol I have that file here if you have any concerns where you want to look at it.


Carol Stradling stated, probably at that time were you shocked at how close you were to the property line.


Ruth Shidler stated, yes, even my neighbor, like I said we never really knew where it was. Yes I was.


President Jerry Thompson asked, is there anything else Carol?


Carol Stradling stated, no.


President Jerry Thompson asked, are you sure, we can come back? Gary anything?


Gary Barber stated, no.


President Jerry Thompson asked, Dave Scott?


David Scott stated, I don’t think so.


President Jerry Thompson asked, David Stimmel?


David Stimmel stated, I don’t think so.


President Jerry Thompson asked, one more time Carol? Something is on your mind I can tell.


Carol Stradling stated, we are voting on the fine right?


President Jerry Thompson stated, that is right.


Carol Stradling stated, which as it stands would be $500. Because it was built and approved according to documentation that she submitted and that wasn’t accurate. This was in 1996 the room addition and then in 1997 a roof over a porch and patio. Then in 2000 there was a screened patio and then in April of this year a privacy fence. August an above pool so none of those so far have required a variance of any sort.


Director Weaver stated, no.


Carol Stradling asked, Diann would any of those require a variance if we had a proper survey? Everything else is in compliance except this side correct?


Director Weaver stated, right, to the best of what I can determine, yes. I believe that all of the permits that have been issued have shown the lot laying the proper way.


Ruth Shidler stated, that is correct and Dave Anderson has been out to my house.


Carol Stradling asked, do you know who did this drawing?


Ruth Shidler stated, yes my husband now. He made a mistake.


President Jerry Thompson asked, Carol?


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


President Jerry Thompson stated, I thought you might have a motion.


Carol Stradling stated, this is kind of the reason to me why that fine was put in place so when people submit something and we approve or the office approves according to what is being submitted that it is not built, it is not built 10’ away, but it is over the existing carport so it is, I guess this is the lesson learned when people don’t have a real firm idea of where there property lines are, which seems to happen, just because there isn’t nothing next door doesn’t mean we can appropriate more of the ground. Anybody else have any ideas?


President Jerry Thompson asked, Dave Stimmel do you have a thought?


David Stimmel stated, I think there are extenuating circumstances and I guess I would support a motion to make the fine $250 instead of $500.


Carol Stradling stated, I will second that.


President Jerry Thompson stated, it has been moved and second. All in favor signify by saying “aye” and all opposed. Motion was carried 5 to 0.


Ruth Shidler asked, so I pay you then?


Director Weaver stated, you need to come into the office.


****

#2454 John V. & Carmella L. Socha; The property is located on Lot 65 10’ S/S Lot 66 in Lakeside Heights Addition, located north of Monticello at 2975 N. Lakeshore Drive.

Violation: The garage was built out of compliance with the setback and height requirements and not as permitted.

Request: They are requesting a 1’ South side setback variance and a 2’ height variance to bring the partially built detached garage into compliance. This request would be in addition to the variance, #2416, granted 5-19-05.


President Jerry Thompson stated, so, you first.


Director Weaver stated, as you read the Socha’s were in here earlier this year. Actually they were here the same night the O’Briens were. They originally were requesting a variance to build the detached garage a setback variance and it wond up after discussing this with the board and the neighbor, they chose not to request that and altered their request to for a room addition which they are going to do later on the house. So that is why we are requesting that this goes along with that variance that was granted earlier this year and it won’t hurt that variance at all. The Socha’s did come to me before filing this variance and explained to me and I will let him go in depth about that, they were having a problem with their contractor and that is what has initiated this request tonight, so I will let him take it from here.


John Socha stated, everything was laid out the back of the garage was the roadside on the South side. My wife and I laid out the 6’ it is obvious because we had the survey. I told the builder, that I don’t know where the second pipe is, but at this point that is not where the problem lies. Not with the second pipe, he built it not parallel with the property line. The front of the building the lakeside is about 6 ½’ from the property line. On the roadside where it was obvious where the iron pipe was it at 5 ½’ now. When it was inspected before the pour the one end was inspected, which would be the lakeside, the front. Then because of a mistake I believe the contractor made on the height, he built this with 9’ walls and said he would give me such and such truss that I had asked for and I think he realized that he would not be in compliance. That truss would have been out of compliance if we used it unbeknownst to me at that time. Anyway this was all stopped because we do have a problem. Then of course we had to go on with other things with the contractor because of this. Initially when my wife and I spotted this problem we came and talked to Diann because we don’t want any more problems than we already have.


President Jerry Thompson asked, Diann anything?


Director Weaver stated, I don’t have anything, this is a situation where they came to me and let me be aware of what was going on, it wasn’t something were I went and found the problem.


John Socha stated, on this we have to be I remember when I walked out of your office after the first variance, I think you had asked what the height was going to be on the garage. I said under 17’ and I kept stressing to the contractor we have to maintain under 17’ and of course that did not work out.


President Jerry Thompson asked, Jerry anything?


Attorney Altman stated, so that it would be over the 17’, but right now it is not over.


Director Weaver stated, right now it is no, but they are requesting a height variance.


Attorney Altman stated, it isn’t a violation right now.


Director Weaver stated, no not for the height. There is a violation for the side setback.


Attorney Altman stated, I understand I just wanted to get things down, the violation is exactly where Diann so we all understand it.


Director Weaver stated, on the south side.


John Socha stated, the Southwest corner of the building, but actually with out a roof on this and eave there is no violation per say at this point.


Director Weaver stated, okay.


John Socha stated, but as soon as we put say a 12” eave on, we are in violation. We realize that.


Director Weaver stated, well the survey shows it is going to be 4’. Does that include the eave?


John Socha stated, no initially we, initially it showed 5’ on the survey and we corrected that.


Director Weaver stated, so the 4’ does include the eave.


John Socha stated, yes for this situation.


President Jerry Thompson asked, is your contractor present?


John Socha stated, no.


Attorney Altman asked, who is the contractor?


John Socha stated, Rob Hutter.


Attorney Altman asked, Rob?


John Socha stated, Hutter.


President Jerry Thompson asked, is he local?


John Socha stated, yes, ARP construction.


President Jerry Thompson stated, I’m not familiar with them I guess.


John Socha stated, it is a legal matter now with the contractor.


Carol Stradling stated, you mentioned trusses that you wanted, are you looking for a certain pitch.


John Socha stated, the pitch wasn’t a concern at the time. Our concern was and we stressed this over and over we need the garage with this type of truss so we can have as much storage as possible because the whole idea, if we get this done so we can get our things out of the house that we are in now, get them here, get this addition which we have a variance for and get it started so we want to move and we would like to get down here.


Carol Stradling stated, and a different truss with a different pitch might meet the height requirement but wouldn’t give you the storage that you require.


John Socha stated, not at all, not with the walls that he put up.


Carol Stradling stated, okay.


David Scott stated, so my understanding really, since he doesn’t have the trusses on there it is not in violation right now, none of it is.


President Jerry Thompson stated, no.


Director Weaver stated, right.


David Stimmel stated, if it is not in violation now, then shouldn’t there just be the request for the variance to.


Carol Stradling stated, the South side is in violation.


Director Weaver stated, well not until they put the trusses on to where the overhang is. The over hang is going to create the violation.


David Stimmel stated, but it is not right now.


Director Weaver stated, it is not right now, and I didn’t realize that.


Attorney Altman stated, I guess I think this is just not being technicality when you’ve got somebody that comes in and self reports and stops, I think it is important to have it as a violation when they’ve done that.


David Stimmel stated, what I’m trying to understand is 2 things. Number one there is no violation so there is nothing to vote on, 2 is the variance request enough to get what it takes to get him in compliance if the trusses where to be put on.


Director Weaver stated, the trusses I don’t believe are even on the property.


John Socha stated, no.


Director Weaver stated, so I can’t say. All we have is what he has presented to us on the survey.


David Stimmel stated, it sounds to as if he should amend the variance request if there is currently no violation to include whatever variance for when the trusses are put on.


Director Weaver stated, he is requesting for, the request is to allow those trusses on and prevent a violation.


David Stimmel stated, oh, okay.


Director Weaver stated, I thought the south side was already a violation.


David Stimmel stated, okay, I’ve got ya.


Carol Stradling asked, 2’ will be enough?


John Socha stated, on the height, yes that will be enough.


Carol Stradling asked, 1’ on the side will be enough to bring you into compliance?


John Socha stated, yes because the building is not parallel to the property.


President Jerry Thompson stated, it is not parallel to the property.


David Stimmel stated, I understand.


President Jerry Thompson stated, has this been.


Carol Stradling stated, I move that we waive any violation fine that may have been because it is irrelevant, there is no violation.


David Stimmel stated, that is a good point.


President Jerry Thompson asked, do we have a second to that?


David Scott stated, yes, I will second it.


President Jerry Thompson stated, second, all in favor signify by saying “aye” all opposed? Okay motion carried 5 to 0.


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 1’ South side setback variance and a 2’ height variance to bring the partially built detached garage into compliance. This request would be in addition to the variance, #2416, granted 5-19-05 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 5 affirmative and 0 negative.


Attorney Altman stated, you need to get a building permit before you proceed. I also might add that you need to send a request to this builder to come in and speak with you about our ordinance and their compliance.


President Jerry Thompson stated, yes.


Director Weaver stated, I have had a recent talk with him already so.


President Jerry Thompson asked, has he been in business long?


Director Weaver stated, he has been in business a while I think he is getting more and more business.


Attorney Altman stated, I just think we need to stop this. That is what I’m trying to say.


John Socha stated, if you have already talked to him, I know what he told you.


Director Weaver stated, it wasn’t regarding your property.


John Socha stated, oh okay, I know what he will tell you.


Attorney Altman stated, well.


John Socha stated, because of this iron pipe it is so obvious it comes 6’ this way and then down, I mean how can you, I mean can see if he did the front side, the lake side and that would be inside the variance, but that was not the case. Thank you.


****

#2455 Donald E. & Leslie Jill Uselton; The property is located on Part NE NW 13-25-4 on 3.192 acres, located northeast of Brookston at 9171 S. 225 E.

Violation: None

Request: They are requesting a special exception as per section 10.20, Article 10.2001 of the White County Zoning Ordinance to place a kennel on the property.

President Jerry Thompson asked, sir you are?

Don Uselton stated, I’m Don Uselton.

President Jerry Thompson asked, do you have anything else to add other than what I have read?

Don Uselton stated, no we’ve ended up with 6 dogs instead of 4. If I had 4 I would be legal, but pretty hard to convince my wife to get rid of them. So I would like to get it legal before I get kicked in the butt.

Attorney Altman asked, are these your dogs and this kennel is just for your dogs?

Don Uselton stated, yes sir, no boarding.

Attorney Altman stated, no boarding and you are not breeding animals or selling them.

Don Uselton stated, yes sir I will be.

Attorney Altman stated, but no boarding.

Don Uselton stated, no boarding.

Attorney Altman asked, what kind of dogs are they?

Don Uselton stated, German Shepherds and one Doberman. Since we’ve had those protecting are area has been cut down a great deal.

Don Scott asked, this exception does this open this up for any number of dogs or is it just the 6 dogs he has?

Director Weaver stated, I think that would depend on if you put a limit. He has not requested a specific number of dogs.

Dave Scott asked, is this going to be it for this many dogs to anticipate? I mean I understand you may have some pups.

Don Uselton stated, I’m 69 years olds I’ve got 9 horses, and 6 dogs.

Dave Scott asked, how many dogs can you accommodate with your kennel now?

Don Uselton stated, I have 4 cages and we have two housedogs.

Director Weaver asked, you could add kennels though right?

Don Uselton stated, oh yes absolutely.

Director Weaver stated, there is room to add addition kennels.

Don Uselton stated, yes, if I want more.

David Scott asked, do you anticipate wanting more?

Don Uselton stated, I’m running my self to death now, I really don’t, I can’t see it.

David Scott stated, I would like to put a number, I’d hate to see it go to a full fledge kennel where we have 20 dogs there. It’s different. 20 dogs are a lot different than 6 dogs.

Don Uselton stated, this housing that I have them in there could only be room for 4 more cages, well Diann has seen it. I have half of it, 4 cages take up half of it. If put 4 cages on the other side there will still only be 4 more.

Attorney Altman stated, so 10 would be a reasonable.

Don Uselton stated, oh my, now that is not counting puppies.

David Scott stated, we have been pretty strict in the past on these dog kennels and stuff, not yours, but some others.

President Jerry Thompson asked, anyone here care to address the variance either for or against? I’m sorry Dave I thought you were done.

David Scott stated, I think I would like a commitment on there or so he couldn’t have more than a 10 dog kennel without coming back to request something else.

Attorney Altman stated, and no boarding also.

David Scott stated, right.

Carol Stradling stated, if he has two litters of puppies though.

David Scott stated, I’m not concerned about the boarding as long as he only has no more than 10 dogs, no more than he has room for.

Director Weaver asked, should that be 10 adult dogs?

Attorney Altman stated, yes.

Director Weaver asked, is that what you are meaning Dave?

David Scott stated, yea.

David Stimmel stated, I think I would 6 months or older.

Director Weaver stated, I think our ordinance considers older than 6 months as an adult.

We do have a letter from a neighbor that we received and I have given you a copy with your pictures this evening.

Carol Stradling asked, can you tell me what you are doing to control the noise that would be involved with the dogs?

Don Uselton stated, the big thing that controls the noise is an awful lot of luck. The neighbor that is complaining can’t even see the kennel from where they are at. They have a couple of these little terriers that they turn out morning and night come straight, all of my dogs are contained. Their dogs are not contained, dogs are going to bark as long as they stay there they are going to bark. There is nothing I can do or I can do about that.

Carol Stradling asked, what kind of kennels are they out door kennels? Are they indoor kennels?

Don Uselton stated, they are under a lean too. They are facing East in front of my house is East of the road, these people that are complaining are on the West side of the road and probably 150’ South. There is another neighbor in between there and they have no complaints at all about the noise. He says he doesn’t even hear them.

David Scott asked, what do you do about a run for the dogs?

Don Uselton stated, I have an ATV and I put them on a long run and we have 19 acres and we run around the property every morning.

David Scott asked, they don’t run loose?

Don Uselton stated, no way, no.

President Jerry Thompson asked, Jerry do you have something to enter?

Attorney Altman stated, I have a letter received 9/13/05. (Jerry proceeded to read the entire letter) See file.

Don Uselton stated, Sir these folks have a beautiful home and they do work their butts off. It is a younger couple, they are probably 40. It is just a beautiful place. This lady wants to run the country from that side of the road. You can’t see it. I went to Vietnam, I’ve done a hell of a lot of work over there, I’ve see what I could do as long as I don’t bother anybody. I’m not bothering her. She keeps her muddy looking critters up and that would cut the barking down by half.

David Scott stated, can I make a suggestion or a motion that we table this until the next meeting? I wouldn’t mind going out and looking at it myself in order to make a fair judgement to everyone involved.

David Stimmel stated, I will second that.

President Jerry Thompson stated, it has been moved and seconded to table this until the October 20 meeting. All in favor signify by saying “aye and all opposed? Motion carried 5 to 0.

President Jerry Thompson stated, before we move on, does the board remember the kennel situation down by Big Creek?

David Stimmel stated, yes.

President Jerry Thompson stated, this side of Mike Ruemler’s.

Director Weaver stated, he is here tonight.

President Jerry Thompson stated, oh he is. You have a nice looking building.

****

#2456 Gerald A. & Gail E. Armstrong; The property is located on Lot 61 in Bennett’s Addition, located in Monticello at 738 S. Maple Street.

Violation: None

Request: They are requesting a 19’ front setback variance to build a roofed porch on the existing home.

President Jerry Thompson asked, and sir you are?

Gerald Armstrong stated, I’m Gerald Armstrong.

President Jerry Thompson stated, okay, thank you. Do you have anything else that you would like to add?

Gerald Armstrong stated, that is going to be a 10’ porch, I don’t know why they have 19’, I don’t know how they measured that, but I asked for a 10’ porch on there. I guess the variance, I don’t know how they figured that.

Director Weaver stated, we asked for the difference, you are required to have 32’ and they are showing 13 on your survey. They are showing 13’ from the property line so we ask for the difference. You survey does show a 10’ porch.

President Jerry Thompson asked, okay Diann do you have anything other than what you just discussed?

Director Weaver stated, no.

President Jerry Thompson asked, anyone here care to speak in favor or against? Carol do you have anything?

Carol Stradling stated, this is a street that it is an old established neighborhood, many of the homes are right up, but not Maple they are not up next to the sidewalk. They are pretty dog gone close. It appears that a 10’ porch would bring it out a little bit beyond some of the others in the neighborhood. My preference would be that they could line up in someway.

Gerald Armstrong stated, the one North of us they’ve got a porch on there that is not quite as much as I’m asking for, but theirs is also enclosed porch. Mine is going to be an open porch and I don’t see where you will be hiding anything. It is just going to be a deck with a roof over it. That is all. There won’t be any walls. I won’t be blocking anyone’s view.

Director Weaver stated, two of my pictures I did try to show the adjacent house and how that would line up with those houses. It would be the bottom one on the right hand side and the bottom one on the left-hand side.

Carol Stradling stated, there is no picture on the bottom. It would extend out what maybe 3’ beyond those others.

Gerald Armstrong stated, yes 3’ well maybe not even that much. It would be 2’ or 3’ more to the North of us. Theirs is enclosed and you don’t see around that way of course who knows how long it has been there. My is going to open and I don’t see it blocking any views.

Carol Stradling stated, we do have to consider that down the road that someone might choose to enclose that.

Gerald Armstrong stated, well they would have to get a building permit to enclose it.

Carol Stradling stated, yes they would.

Gerald Armstrong stated, and you wouldn’t allow that.

President Jerry Thompson asked, is there anything else Carol?

Carol Stradling asked, can you tell me why you want to extend it out that far?

Gerald Armstrong stated, well if you go less than that, you can’t put a table chair out there to sit down. Like if you’ve got a table and chairs that she has out there in the yard. My daughter is the one that lives there. If you don’t go that far then it is pretty crowed when you are walking around it. The 10’, if you go out 10’ that includes the road line. The deck is going to be set back, it will actually be 9’ out when you consider the roadway. The deck itself will not be that much, I will have a 1’ overhang.

Carol Stradling asked, on all three sides then?

Gerald Armstrong stated, 1’ overhang.

Carol Stradling stated, it would be on all 3 sides.

Gerald Armstrong stated, no it will be even with the house on the South and the North side. It would just come out on the front would have the overhang where the deck is at.

Carol Stradling asked, would it be a gable roof or a lean to?

Gerald Armstrong stated, it will be, I’ve got pictures of it, I can show it to you we want it built something like this, a roof line coming out this way and then down this direction. That is someone else’s house. It will be like that, it is just a sloped roof coming off of the house itself.

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

David Stimmel stated, my impulse to be honest with you is to table the thing so I can go look at it again. I hate to keep doing that, but that is my first impulse to see how it is, either within or without be in characteristic with the neighborhood quite frankly. That is my first impulse. I can’t tell from the pictures and that is not your fault Diann.

Carol Stradling stated, that 10’ would come out further than the others in the neighborhood.

David Stimmel stated, it looks like it to me, I look at the very first page of the request and if those, those look like the house is already setting closer to the road than the houses near by.

Attorney Altman asked, is that a motion sir?

David Stimmel stated, I’m still discussing, I’m talking out loud.

Gerald Armstrong stated, it doesn’t set out the same as the house and things and I wouldn’t be standing here lying about that.

David Stimmel stated, I’m not even concerned Mr. Armstrong next to you, but how it looks in the neighborhood. I make that a motion, that we table this.

David Scott stated, I will second that.

President Jerry Thompson stated, it has been moved and second. All in favor signify by saying “aye’ and all opposed. Motion was carried 5 to 0.

Carol Stradling stated, Mr. Armstrong you might want to consider adjusting it further back, you can’t go any closer to the road because of the way it was advertised, but you may want to look at an alternative dimension.

??? asked, can I say something?

Attorney Altman stated, it has been tabled. Which house in the pictures is it. It is exhibit A.

President Jerry Thompson stated, we will make a visit.

****

#2457 Robert Blamer Revocable Living Trust ½ and Carole Blamer Revocable Living Trust ½; The property is located on 27 and E ½ E ½ Lot 28 in Isle of Homes Subdivision , at 5200 E. Oriole Dr., Monticello

Violation: None

Request: They are requesting a 2’ elevation variance for a new dwelling. Our flood ordinance requires the lowest floor elevation to be 654’ and they are requesting it be 652’.

President Jerry Thompson asked, you are?

Robert Blamer stated, the 2’ elevation request.

President Jerry Thompson asked, can I have your name first?

Bob Blamer stated, I’m Bob Blamer.

President Jerry Thompson stated, thank you, go ahead.

Bob Blamer stated, our present house we are going to tear it down and the new house is going to go in, basically the same position of the old house exact it is going to be 2-story highs rather than one. Our present house first part was 5’ above the lake.

Attorney Altman stated, Mr. Blamer is this picture your present house?

Bob Blamer stated, that is the picture of the back of it from the lake.

Attorney Altman stated, just for the record and everyone’s information I’m holding a photograph that Diann has had that shows the home in question.

Director Weaver stated, those are pictures that Mr. Blamer provided to me at the time of application.

Bob Blamer stated, it is on an isle at the lake.

Attorney Altman stated, it shows the elevation pretty well, I do agree that the other shows it, but when you are looking at elevation that pictures shows a lot.

Bob Blamer stated, and there is an affidavit in there from Milligan to what the height is. The present house the first floor level is 5’ above the lake and what I’m requesting is that the new house at the same level because no matter how hard it rains, no matter I’ve never had any moisture in the crawl space and I don’t want to dig any deeper or disturb that if possible, so I’m requesting I build the first floor at the same level of 5’ as our existing home.

Director Weaver stated, I might point out to the board to if you look at your pictures, it is a strange picture, the two middle pictures, the one on the left Mr. Milligan I believe, didn’t you say Mr. Milligan marked the gutter. He marked the gutter and that is the level of the inside floor. Then he has written on that gutter what that is, it is 5’ above the lake, so that other picture is his writing on that gutter so you can see where is actual floor level is currently.

Bob Blamer stated, let me add that our lot is the highest lot on the island.

David Scott stated, that mark is 5’ above the lake level now, what about the floor line or the or how far is it above that.

Bob Blamer stated, it is 1’ less then the what the flood level recommends, however I can add, I just got the letter from the DNR this afternoon. The DNR says, says all lands outside the shoreline of Lake Shafer below the predicted 100 year frequency flood elevation is considered flood fringe areas. It goes on to say, therefore approval of the DNR is not required, so it is up to this board. It further goes on says.

Director Weaver stated, when they are in a floodway fringe that is when they are required to build the 2’ above the base flood elevation. If they were in the floodway then they would have to go through the DNR and get DNR approval to build.

President Jerry Thompson asked, can we have a copy of what he just read?

Bob Blamer stated, yes, I brought some for you.

Attorney Altman stated, we just received into the record and part of the record a letter from the DNR for the applicant’s residence, and Tippecanoe River Lake Shafer dated September 12, 2005 mailed September 13, 2005. It indicates that it is in the fringe area flood fringe area as he just testified to.

Director Weaver stated, it probably states the base flood elevation too.

Bob Blamer stated, yes it does.

President Jerry Thompson asked, do you have another copy of that?

Bob Blamer stated, yes I do.

President Jerry Thompson stated, you are tearing that down and building over the top of it.

What year was that house.

Bob Blamer stated, it was built in the 1950’s, my wife she says that she is old and she is tired of cleaning an old house. She wants a new one. That is the way it is.

President Jerry Thompson stated, okay. Anyone here who cares to address the variance either for or against? Do you have anything else Diann?

Director Weaver stated, I don’t believe so.

President Jerry Thompson stated, Dave we will start with you.

David Stimmel stated, just a question. Can you get flood insurance Bob when you do something like that?

Bob Blamer stated, you can but you don’t need it there and that letter goes on to say. It says you may want to get flood insurance but you really don’t have to because it is in the flood fringe area.

Carol Stradling stated, it is not the flood plain.

Bob Blamer stated, yes.

David Stimmel stated, that is my point…

Bob Blamer stated, it is impossible to flood, I’ve been there when the water has ran across the road down to the lake 3’ deep into the lake and the water is going over the dam and I still don’t get any water it he crawl space. The dam controls it. I would get flood insurance, but I would be wasting money. In Florida I pay $5000 a year for flood insurance. Of course I was hit twice.

President Jerry Thompson asked, Jerry anything else?

Attorney Altman stated, I guess I would call to the boards attention showing the home and all. If you look on there it also shows the water level, the splashing of the water on there, and the indication is consistent with the testimony so far about the height of the water.

President Jerry Thompson stated, back to Dave?

David Stimmel stated, no.

President Jerry Thompson asked, Dave Scott?

David Scott stated, no.

President Jerry Thompson asked, Gary Barbour?

Gary Barber stated, no.

President Jerry Thompson asked, Carol Stradling?

Carol Stradling stated, I’m not struggling at all with the elevation, you said you want to do a two story home. Are there any other two-story homes out there?

Bob Blamer stated, yes.

Carol Stradling stated, not many though.

Bob Blamer stated, there has been 2 or 3 built in the last year or two. The new one that was built on the island is all two stories.

Carol Stradling stated, so there is no covenants against it and nothing.

Bob Blamer stated, no, that is the next variance to talk about.

Director Weaver stated, he has two requests.

Bob Blamer stated, there are some that are 2 ½ stories, the new ones are all two-story. The 2 or 3 last built are 2 stories.

President Jerry Thompson stated, I didn’t realize that many have been built. Okay anything else Carol?

Carol Stradling stated, that would be 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 2’ elevation variance for a new dwelling. Our flood ordinance requires the lowest floor elevation to be 654’ and they are requesting it be 652’ on Lot Number Twenty-seven (27) in Isle of Homes Subdivision, being in Union Township and Liberty Township, White County, Indiana.

Also: The East half (1/2) of the East half (1/2) of Lot Number Twenty-eight (28) in the Isle of Home Subdivision in Liberty Township, White County, Indiana being more particularly described as follows: Beginning at the Northwest corner of Lot #27 in the Isle of Homes Subdivision; thence North 71 degrees 10 minutes West 92.30 feet; thence North 40 degrees 05 minutes East 108.85 feet to the waters edge; thence South 21 degrees 49 minutes East along the waters edge 121.80 feet; thence West 38.0 feet to the point of beginning.

COMMON DESCRIPTION: The property is located 5200 E. Oriole Dr., Monticello.


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


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


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

****

#2458 Robert Blamer Revocable Living Trust ½ and Carole Blamer Revocable Living Trust ½; The property is located on Lot 27 & E ½ E ½ Lot 28 in Isle of Homes Subdivision, at 5200 E. Oriole Dr., Monticello.

Violation: None

Request: They are requesting a 2’ height variance to build a new home.

President Jerry Thompson stated, name again please.

Bob Blamer stated, okay, Bob Blamer. 2’ higher than the ordinance, the top peak of the house, we want to go 32’, the main reason for that is we want to put a pitch level roof. When you live out there on the island it rains, when it rains you need a pitch level, you can get moisture. Also it improves the appearance of the house. I’m quite certain, there is no one around me, so. The one neighbor I do have his house the side faces the lake so he.

President Jerry Thompson asked, Diann do you have anything?

Director Weaver stated, I don’t believe so.

Attorney Altman stated, the only thing I would say is we would want to incorporate the evidence of this matter the DNR letter that we just received in 2457 because I think it also has some relevance in this matter.

President Jerry Thompson stated, Carol we will start with you.

Carol Stradling stated, he is building here on the point, he isn’t really obstructing anyone’s view from here, but probably giving him a nice home to look at.

Bob Blamer stated, I hope so. Yea you are right there are some…

Carol Stradling stated, some people go to see the water, some go to see the homes and I guess when I was there most of them were single story and I guess that is starting to change and if there


is no covenant or no real.

Bob Blamer stated, the land is becoming so valuable that the people are buying it and tearing it down and put up 2 story homes and some people say since we have sewers it is going to get even more valuable. I hope so. It doesn’t matter we are going to sell it.

President Jerry Thompson asked, anything else Carol?

Carol Stradling stated, no.

President Jerry Thompson asked, Gary Barbour?

Gary Barber stated, no.

President Jerry Thompson asked, Dave Scott?

David Scott stated, no.

President Jerry Thompson asked, Dave Stimmel?

David Stimmel stated, no.

Without further discussion the board voted.

The Board finds the following:

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


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


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


4. That no objectors were present at the meeting.


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


6. That the request is for 2’ height variance to build a new home on Lot Number Twenty-seven (27) in Isle of Homes Subdivision, being in Union Township and Liberty Township, White County, Indiana.

Also: The East half (1/2) of the East half (1/2) of Lot Number Twenty-eight (28) in the Isle of Home Subdivision in Liberty Township, White County, Indiana being more particularly described as follows: Beginning at the Northwest corner of Lot #27 in the Isle of Homes Subdivision; thence North 71 degrees 10 minutes West 92.30 feet; thence North 40 degrees 05 minutes East 108.85 feet to the waters edge; thence South 21 degrees 49 minutes East along the waters edge 121.80 feet; thence West 38.0 feet to the point of beginning.

COMMON DESCRIPTION: The property is located 5200 E. Oriole Dr., Monticello.


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


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


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


****

President Jerry Thompson stated, on to other business tonight. We have an appeal of a fine. Dennis W. & Kathy S. Paul. They are present before you begin. Let them go first or do you want to say something first.

Director Weaver stated, I can just briefly go over the information that you have in front of you. I’ve given you a report to what has transpired. We received a complaint or were notified I should say by the Animal Control officer that the Paul’s had approximately 6 to 10 dogs on their property. He received a complaint in his office and this was a follow-up to that complaint. I did send out a letter to the Paul’s and they did come in promptly to see me regarding this letter.


They said they had never talked to Dave Roth, Animal Control Officer. So I did contact him after I spoke with Mrs. Paul and he had been out tot he property, but evidently did not speak to anyone out there when he was there. That is pretty well I’ve got to tell you at this point.

David Stimmel stated, did they talk about this in Area Plan.

Director Weaver stated, did Area Plan talk about this, no glad you brought this up. There has been some confusion to what their property is zoned. Since I’ve sent you this letter I did get a chance to research their property and I had previously told Mrs. Paul that they were zoned Agriculture, but I was wrong. The maps that we have are very hard to read in this area, so I did scale this out and figure this out and their property is zoned R-2, no I have not taken it tot he APC because that was determined to late to get it to their meeting.

President Jerry Thompson asked, Jerry do you have anything before we let them speak?

Attorney Altman stated, no I don’t think so.

President Jerry Thompson stated, okay you can come forward please.

Kathy Paul stated, I’m Kathy Paul. I’m here to appeal the fine, I have 8 dogs. I have 4 now. I have since found good homes for the 4 that I was over and I was unaware that there was a limit. In my housing addition there has been chickens, ducks, goats, all kinds of animals out there. I was unaware of the number of dogs I could have, but I only have 4 now.

Director Weaver stated, I will confirm that, Dave Roth was told that they were sizing it down and getting it into compliance.

David Scott stated, did I see somewhere in here that you got a kennel license from the trustee.

Kathy Paul stated, no, at one time when he came and check and to pay my dog tag he said it might be cheaper for you to just pay for a kennel license and that is all that was said, so I didn’t or was unaware that I had to have a variance or anything like that to have a kennel.

Director Weaver asked, do you buy tags for each individual dog than?

Kathy Paul stated, well I did, I don’t even know who the person is now. It use to be Dewey Coffing, he has came to the house then I would pay that way, I don’t know who is or who I’m suppose to go pay now. I do need to go get some tags, but I don’t know who I’m supposed to talk to.

Director Weaver stated, I can’t tell you either, I do not know who the trustee is for that area.

I can tell you that I have that information in the office.

Kathy Paul stated, okay.

David Scott stated, it says here that she got a kennel license from her trustee, that is where I saw it.

Director Weaver stated, I may have misunderstood her Dave.

David Scott stated, okay, I just want, maybe we should talk to the trustees and inform them that with people with more than….

Director Weaver stated, I have sent a letter already to them, a couple of months ago requesting that they help us inform these people of this regulation.

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

David Stimmel stated, no.

President Jerry Thompson asked, Dave Scott?

David Scott stated, you say you’ve gotten it down to 4 dogs.

Kathy Paul stated, yes, two of them are inside dogs and two are outside dogs.

David Scott asked, were you satisfied Diann with the time frame in which she handled everything?

Director Weaver stated, oh yes, I mailed the letter out on August 3 and she was in my office on August 5.

David Stimmel asked, how soon after that did she get down to?

Kathy Paul stated, it was 15 days and it was two days pass that. I ran an ad in the paper, I had lots of people calling, but lot of people who were not interested in the bigger dogs that I had, but I did finally find good homes for them. The four I needed too.

David Scott stated, I guess I make a motion that we drop the fine to nothing.

President Jerry Thompson stated, motion to drop the fine do we have second to that motion.

Carol Stradling asked, do we, what is our precedence there?

Director Weaver stated, I can’t really tell you off the top of my head.

Attorney Altman stated, you have to have a second before there is any discussion.

David Stimmel stated, I will second it.

President Jerry Thompson stated, okay it has been moved and seconded.

Carol Stradling stated, so now we have discussion right?

Attorney Altman stated, yes.

Carol Stradling stated, it looks like there was one in April of 04 imposed by APC and it was removed.

Director Weaver stated, you had one last month that was removed also.

Carol Stradling stated, there is one in February.

Director Weaver stated, there are a couple that are not paid.

Carol Stradling stated, that one we have not heard from anybody. It appears though if they came before the board and explained the situation the fine has been removed. There is precedence for that.

President Jerry Thompson asked, is there anymore discussion? Motion made and seconded. Anything else Carol before we vote?

Carol Stradling stated, one more question. You indicate that you did go pay, you paid the dog tags the trustee came to you?

Kathy Paul stated, yes, whenever I was paying it. Then apparently Dewey doesn’t do it any longer because he used to come to the house.

Carol Stradling asked, can you tell me how long ago that he quite coming to the house?

Kathy Paul stated, maybe a couple of years ago, I don’t recall.

President Jerry Thompson asked, anything else?

Carol Stradling stated, no, thank you.

President Jerry Thompson stated, motion made and second all in favor signify by saying “aye” all opposed? Motion was carried

****

David Stimmel asked, Jerry did we miss one?

President Jerry Thompson stated, no I didn’t announce it that is why you have a spare.

Director Weaver stated, it wasn’t announced because it was not on the agenda. I do have and you have a copy of the site plan and a request for a building permit, improvement location permit for Sue Ann Metcalf. I’m bringing this to the board because I have, I don’t know if I miss understood, I don’t know. I need a clarification where the board was expecting this privacy fence to be placed on this property. This is one that you heard I believe last month and I was under the understanding that the privacy fence was to go completely around where the dogs were located, but this is not what they have presented to us for a building permit and I just, I’m coming to the board for a clarification what you were expecting to find.

Lucille Uttermohlen stated, if you recall at the last meeting.

President Jerry Thompson asked, could we have a name please?

Lucille Uttermohlen stated, I’m Lucille Uttermohlen. I’m here for Ms. Kendrick and Ms. Metcalf. At the last meeting she was here to keep her dogs and there was no you have to have a privacy fence at that time and we just point out to put a privacy up on the East end of the property.

Barbar Kendrick, they did stipulate that we had to do after we.

Lucille Uttermohlen stated, yes they volunteered to do. Now or they indicated that a privacy fence(can not hear her.) that part of the property doesn’t face any of the neighbors. We, or maybe we didn’t make it clear the last time but we can show you on the survey where it was anticipated where the fence will be built.

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

Attorney Altman stated, yes.

Barbara Kendrick stated, I’m Barbara Kendrick, when we were last Sue Metcalf pointed it out to Dave Stimmel exactly where the privacy fence would go. Do you remember Dave?

David Stimmel stated, honestly no it has been long enough.

Barbara Kendrick stated, it runs just down the East Side where the neighbors are by their driveway. The rest of it is chain link, which backs my pasture. We intended to put up a woven wire fence farther back behind the to the end of the property line back along the horse pasture. It just gives us a secondary fence for the horses along that neighbor. That is what we stated to the East Side of the property when we stated privacy fence. The tape recorder should have shown that.

Director Weaver stated, you do have a copy of the minutes from this meeting and the only part that I found was on page 23 and it states that Sue Ann Metcalf stated we are going to put privacy fence up I can show you on the survey a little easier so the dogs are completely enclosed. That is what I had to go by, not you know, I just need a clarification as to.

Sue Metcalf stated, that is when I stepped over and showed you.

Director Weaver stated, right, right. I agree.

David Stimmel stated, it could have been. Diann called me and I couldn’t remember. I honestly can not remember. I apologize.

Sue Metcalf stated, we would never have said we were going to put privacy fence to the South because that is all horse pasture and there are 3 big horses out there, and a privacy fence I mean even those horses can reach and they would tear it up in no time.

Director Weaver stated, they would have a tendency to chew on it. I have horses, they would eat it.

David Stimmel stated, I’m okay with the East Side.

David Scott stated, the question I have, there was a fellow here at the last meeting and he wasn’t really speaking against you ladies or anything.

Barbara Kendrick stated, he is the neighbor and he said he was fine with it the privacy there.

David Scott asked, where does he live?

Barbara Kendrick stated, he lives where we are putting the privacy fence.

Director Weaver stated, his house shows on the survey.

David Stimmel stated, to the East.

Barbara Kendrick stated, to the East that is where we are putting the fence.

Sue Metcalf (she is showing where people live on the survey)

President Jerry Thompson asked, is that agreeable with the board?

David Stimmel asked, is that okay if I make that a motion? I move that the East Side of the property line as shown on the drawing in yellow is that clear enough be the one with the privacy fence.

Barbara Kendrick stated, this would be chain link.

Carol Stradling stated, you are ready for a second and then discussion right.

David Stimmel stated, right.

David Scott stated, I will second it.

President Jerry Thompson stated, it has been moved and seconded.

Carol Stradling stated, there is a reason why you are not putting the entire East Side this area.

Barbara Kendrick stated, the front part is chain link and you can not go to the front of the property with a chain link.

Carol Stradling stated, I’m sorry I was thinking that this was the front. Okay.

President Jerry Thompson asked, is there anymore discussion?

Carol Stradling stated, I had it flipped.

President Jerry Thompson stated, if not all in favor and all opposed. Motion carried 5 to 0.

David Stimmel stated, ladies you have my apologies for not remembering that and bringing you back in here.

Barbara Kendrick stated, the bad thing was I applied for a building permit that was a legal permit that Diann did not give to me and my husband and me had this all set up and equipment ready to do this labor day weekend when we had the three days. He and I both work 6 days so now we are going to have to take a day off which means we are going to lose $400, I lost $180 tonight because I had to take off tonight. Barbara lost hers and we had to pay Lucille again, I just would hope in the future that this can be taken care of in the day time so it doesn’t affect peoples jobs.

Attorney Altman stated, the board cannot be here.

Sue Metcalf stated, I know everyone has jobs. We thought we did what we were supposed to do the first time around.

David Stimmel stated, I think part of the problem was the recording was in sufficient to be a good record.

Sue Metcalf stated, I don’t even remember a mic setting in front of you when I stepped over there.

David Stimmel stated, it was I have never seen one missing. I really believe it was.

Sue Metcalf stated, I might have been mumbling then, I don’t think it completely…

David Stimmel stated, the other problems and we’ve talked about this before, when someone comes over points something out on a drawing, that doesn’t make it a part of the record. That is a real issue.

Carol Stradling stated, I understood that you were going to go completely around also. I thought that is a lot of privacy fence, but if that is what you folks are willing to do that is way I understood it.

Sue Metcalf stated, no that is not what I had planned out because I did say I would go on from the point and go woven wire, the neighbor is going to be very unhappy when I put the woven wire up because at this point we let them use 50’ of our property and we also furnish him with water which is going to cease.

President Jerry Thompson stated, okay Diann lets move forward.

Director Weaver stated, the only other thing that I have and I have provided a copy to you, I received a letter yesterday when I was out of the office from Mr. Don Pauken and Bill Pyle that there still dumpster on the property out on Hanawalt Road. I am aware of this I have not taken pictures and I am aware of this and I want the board to be aware of that also.

David Scott stated, did we say he had to have those removed.

Director Weaver stated, the Area Plan Commission stated that they had to have those removed with 30 days after the Commissioners voted on the request. The Commissioners have voted on the request and I have sent a letter Rangeline Properties telling them that they need to get the dumpsters moved and yesterday was their deadline to have them removed.

Gary Barber asked, are they still setting there?

Director Weaver stated, yes they are still setting there

Attorney Altman stated, they are still there yesterday.

Director Weaver stated, I don’t think that they have made any attempt to get them off. It doesn’t appear that way to me, it is kind of hard to see with the crops and weeds, but it doesn’t appear that there any removed from what I can tell.

Attorney Altman stated, I agree I drove by yesterday.

Director Weaver stated, I don’t’ think this is anything you guys need to take action on, I think it was APC really, but I wanted to keep you informed about it.

David Stimmel asked, what can they do about it?

Attorney Altman stated, I will sue, instruct me to file papers to file suit.

Director Weaver stated, I have on the agenda the Fortune violation, can you give the board an update on that one.

Attorney Altman stated, they have hired an attorney, and he is asking for copies of papers and I’ve getting ready to talk to Diann about getting them to him.

Carol Stradling asked what is this one?

Director Weaver stated, this is where the two contractors came in and they had purchased the property and they were requesting a variance because when the previous owner came in for a building permit for a new home on the property they were actually encroaching on SFLECC property and were not meeting their front setback. They were able to acquire property from SFLECC but it is still not meeting the front setback so they were in requesting the variance so they could continue construction on the home, it was only partially built. This is the one that you fined $5000 and they never showed. We requested the old owners to show up at the meeting and they never showed and the fine was raised to $5000. Do you remember.

David Stimmel stated, I have another question about another fine and I hate to and I feel like there is boil out here that I’m going to flick it. Is the gal that is the Commissioners Secretary has she ever paid that fine? What should be our next step on hers or anybody else’s who hasn’t paid.

Director Weaver stated, no she has not. The two with the dog kennels I have turned over to Jerry.

David Stimmel stated, the only reason I’m asking is because I feel really, it is terribly in consistent to have someone write you a check either now or tomorrow for something and accept the fine and go on down the road and just let somebody off scott free for no other reason that they have just stuck their nose at what we request.

Director Weaver stated, the only ones that I know that are outstanding is that one and the two kennels and one were we reasoned a bad check and that was with Provo’s. Wasn’t that a bad check? No stop payment on the check. They have now gone through bankruptcy and I don’t know where the bankruptcy stands I keep asking Jerry.

Attorney Altman stated, they are apparently going to get it dismissed out so we will proceed.

David Scott stated, what was the name.

David Stimmel stated, I can’t remember.

Director Weaver stated, Triplett, no, no Tirpak, Donya Tirpak.

Attorney Altman stated, I would suggest that we proceed to take her to small claims court.

David Stimmel stated, let me ask this. In the interest would it be reasonable to suggest that we talk to the Commissioners and ask them to possibly discuss this with her or would that be out of line?

Attorney Altman stated, they would not find that appropriate to talk to their employee about it. I think the answer is to take her to small claims court.

Director Weaver stated, that is on the second page.

Attorney Altman stated, let the judge enforce it.

David Stimmel stated, yes.

Director Weaver stated, it is Donya R. Tirpak.

President Jerry Thompson stated, with actions that we have taken tonight, is it to earlier to tell the load for next month.

Director Weaver stated, we have not had our cut off yet.

President Jerry Thompson stated, okay, but where do we stand at this point do you know?

Director Weaver stated, two I think, we have over a week to go yet.

President Jerry Thompson stated, okay.

David Stimmel made motion to adjourn.

The meeting adjourned.

Respectfully submitted,

Gary Barbour, Secretary

Diann Weaver, Director

White County Area Plan Commission