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The White County Board of Zoning Appeals met on Thursday, October 20, 2005 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

Visitors attending were: Kenneth D. Uselton, Lewana J. Uselton, Susie Blanchard, Robert L. Blanchard, James G. Gursky, L. Jill Uselton, Donald E. Uselton, Rosemarie Evers, John R. Howieson, John J. Keating, Kathleen Keating, Danny Martin, Susan Martin, Noel Lyons, Nan Lyons, James N. Holmes, Carolyn S. Holmes, Shari Ward, Rex Dean Ward, Stan Keeton, Susan Armstrong, Gerald Armstrong, R. Joe Roach, and Dave Furman.

The meeting was called to order by President Jerry Thompson and roll call was taken. David Stimmel made a motion to dispense with reading and approve the minutes of the July 28, 2005, meeting. Motion was seconded by David Scott and carried unanimously. David Scott made a motion to dispense with reading and approve the minutes of the August 2, 2005 meeting. Motion was seconded by David Stimmel and carried unanimously. David Stimmel made a motion to dispense with the reading and approve the minutes of the August 18, 2005 meeting. Motion was seconded by David Scott and carried unanimously. Attorney Altman swore in all Board members and audience members.

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#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 and September 15, 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 asked, okay and you are?

Danny Martin stated, I’m Danny Martin.


Susan Martin stated, I’m Susan Martin

President Jerry Thompson stated, okay, we have a request and a violation. Always in the past we have done, and I’m asking the board lets deal with the request. Is that agreeable and deal wit the violation afterwards. Okay, do you have anything else you would like to present tonight?

Susan Martin stated, no, but the last time we were here there was an issue with SFLECC about and they were suppose to bring a letter over and hopefully they have.

Director Weaver stated, I have received that letter and you do have a copy of that along with the photos that I took today.

Attorney Altman stated, I will read the letter from SFLECC into the record. (He proceeded to read the letter to the board, see letter in file.) We also have for the record 3 photographs of the area in question and I would venture to say they show, the removal of the cement, deck and portion of the steps, the encroachments. That is all I have.

President Jerry Thompson stated, Joe do you have anything?

Joe Roach stated, I just wanted to make sure that the letter was read.

President Jerry Thompson stated, okay anything else Jerry?

Attorney Altman stated, no.

President Jerry Thompson asked, Diann anything?

Director Weaver stated, no I do not have anything additional.

President Jerry Thompson stated, all right. Anyone here care to speak in favor or against? Dave Scott do you have anything for the Martins?

David Scott stated, no I don’t believe so.

President Jerry Thompson asked, David Stimmel anything?

David Stimmel stated, I’m just curious Diann the variance request now matches up with what was done.

Director Weaver stated, yes, when they originally did the request we only requested the variance to the property line.

David Stimmel stated, okay, that is all I had.

President Jerry Thompson asked, is there any other discussion?

Without further discussion the board voted.

The Board finds the following:

1. That the property is properly zoned 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 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 on Lot 82 in Parse’s Forest Lodge Second Addition in Monon Township, White County, Indiana.

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


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


The variance was granted based on the findings of fact by a vote of 3 affirmative and 0 negative.


Attorney Altman stated, you need to get your building permit into compliance.

President Jerry Thompson asked, do you have anything to answer to that sir?

Danny Martin stated, our Builder Bob Pinn he, we felt like he should have informed us that we needed a permit to do that. We had to apply for two permits already to build the one house. This was due to the upstairs and downstairs and we felt like if we needed another permit, he would have informed us and he didn’t.

President Jerry Thompson stated, you say his name was Bob Pinn.

Danny Martin stated, Bob Pinn, yes.

President Jerry Thompson asked, spell the last name please?

Susan Martin stated, Pinn. I was under the impression and I’m not sure why because it was an outdoor patio it didn’t matter, it wasn’t a house. That is our mistake.

President Jerry Thompson asked, is your contractor local?

Susan Martin asked, is he what?

President Jerry Thompson asked, is he local?

Danny Martin stated, oh yes.

President Jerry Thompson stated, I’ve never heard of the name.

Susan Martin asked, what is his address?

President Jerry Thompson asked, is he here tonight?

Susan Martin stated, no, I believe he is in Chicago right now.

David Scott asked, did he do the work or did you do the work?

Susan Martin stated, he did the work.

President Jerry Thompson asked, is he visiting in Chicago or there permanently?

Susan Martin stated, he is working there is what I understand, but he is from there. I don’t know I think it is on 300 N. I know where the house is, it is like 60 300 E road.

Attorney Altman asked, could you get Diann his address?

Susan Martin stated, yes, I sure can, I mean I have it I just don’t have it with me.

Attorney Altman stated, I understand that, but we need that.

David Scott stated, we have discussed this before, can we fine the contractor or…

Attorney Altman stated, not without giving him notice. Certainly he can be noticed up and brought in on the notice.

Danny Martin stated, so the reason the deck was built was because we had to build the first floor so high off the ground. It had to be 654 above sea level and to do that it is about this high off of the ground and we got tired of climbing the ladder, we were coming down working on the weekends and Bob said well we could do this, we could put this deck on the front of it. He went ahead and built the fence in the back, he did that on his own.

David Scott stated, shouldn’t we notice up the contractor and he will come in and we will address him. Is that correct.

Attorney Altman stated, I think the best thing to do maybe is continue this violation and send a notice to the contractor and have them both come in and then present evidence and determine what should be in the way of enforcement or fine.

Susan Martin stated, that sounds reasonable, but I can almost assure you he will not show up.

Attorney Altman stated, well this is the board and the board will decide that. I’m just suggesting that rather that you table this tonight and bring the contractor in and notice and see what we get.

David Stimmel stated, another alternative is to fine the homeowners because it is their responsibility ultimately.

Susan Martin stated, right I agree.

David Stimmel stated, and look at the contractor.

President Jerry Thompson stated, we don’t have anything in the County that actually register the contractors for the County do we. There are so many new names that pop up.

Director Weaver stated, I know the Building Department is wanting to do that.

Danny Martin stated, Bob built a room on our old place and that is why we…

Susan Martin stated, 6 or 7 years ago.

Attorney Altman stated, make a motion. You can not fine Mr. Pinn without giving notice.

President Jerry Thompson stated, I would like for him to come in front of the board.

Attorney Altman stated, again someone make a motion then.

Several are talking at once.

President Jerry Thompson stated, we don’t want to keep calling you back in here, but you don’t know how many times this is happening.

David Scott stated, I don’t think we have a choice.

David Stimmel stated, I would make motion that we fine the homeowners $250 and in addition to that we serve the contractor and have him at the next meeting.

President Jerry Thompson stated, I agree.

Attorney Altman asked, is that a second?

David Scott stated, I will second it.

President Jerry Thompson stated, you have something to add.

Director Weaver asked, are you saying that the Martin’s do not have to come back or are you saying they will have to come back and pay the fine?

David Scott stated, I think it would be in their best interest to come back.

David Stimmel stated, do we have any we can say to the contractor in their absence? That is what I’m saying it is ultimately their responsibility. I wonder how we can go after the contractor with those kind of circumstances?

Attorney Altman stated, I think you can and I understand what you are saying. We have a motion and a second I think.

David Scott asked, do they have a case in civil court?

Attorney Altman stated, I think so, I mean I think they can certainly file it, yes.

David Scott stated, if that is the case then there really is no reason to bring him in.

Attorney Altman stated, the only reason to bring him in is to put him before the board to justify his actions.

President Jerry Thompson stated, there you go.

Attorney Altman stated, he is violating out ordinances. That is pretty good justification in my mind.

President Jerry Thompson stated, once again we have the majority that complies, but we have a hand full that they are not answering to procedure, I guess. Moved and second all in favor and all opposed. Motion carried.

Susan Martin stated, I pay the $250 fine, that is what we decided on.

President Jerry Thompson stated, yes, and work that out with your contractor, I know it sounds tough.

Attorney Altman stated, we are going to notice him up for the next meeting if you get us the address.

Susan Martin stated, I will bring it tomorrow, we will come down and get the building permit.

President Jerry Thompson stated, I think you can understand where we are coming from.

Danny Martin stated, yes.

President Jerry Thompson stated, thank you for your patience.

Danny Martin asked, Diann do you have our check for the sign?

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#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. Tabled from the September 15, 2005.


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 and you are?

Don Uselton stated, I’m Don Uselton and my wife Jill.

President Jerry Thompson stated, all right, do you have anything you would like to present to the board tonight, other than what we’ve been over before.

Don Uselton stated, sir I would like to say one thing about last time. I was under oath when I came here to tell you what I had to say. You folks read an awful nasty letter against me with the folks not even being here to face me. I believe that we should be allowed to face our accusers at any time. That is gone, I guess I ought to apologize I was really teed off when I left here last time. I do apologize for that. I have neighbors here that live very, very close to me now that have been to my kennel to see how it is and my son is also here. That letter referred to him also. I’m still teed off, but still that I’m here for whatever you’ve got to say. If it is disapproved I would really like to know why of course. Even if it is approved that would leave me with 4 dogs and they are still going to stay where they are at which is what they are bitching about and I hope they howl all night long.

Director Weaver stated, I would like to mention that we did receive a letter.

Attorney Altman stated, it is from Jill Uselton. (He proceeded to read the letter into the record. See letter in the file.)

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

Director Weaver stated, no.

Don Uselton asked, Diann could you smell the manure when you were out there at my place?

Director Weaver stated, when I was out there, no I could not.

President Jerry Thompson stated, yes sir.

Ken Uselton stated, my name is Ken Uselton.

Attorney Altman stated, please come up to the mic.

Ken Uselton stated, I’m here to back myself and what slander was said against me in this letter from the Halls on the last meeting. I have since contacted several of the customers that bought dogs from me when I had my kennel next to my dad and I would like for you to read them personally or have one of the board members read them. I think it is important. 1. That somebody can write a letter like this and not be here to answer for it. I could say a lot of other things, but I think that these letters will speak a lot clearer and louder than I. Would you like for me to read them?

President Jerry Thompson stated, I would like for you to present that to our attorney and I also want you to know that when you present that as evidence we keep it.

Ken Uselton stated, that is fine. Most of these are emails and some are written to me. I have them on my computer.

President Jerry Thompson stated, I don’t know how many you have.

Ken Uselton stated, I have 10.

President Jerry Thompson stated, in lieu of time I think, Jerry you might call on that.

Ken Uselton stated, well I think someone needs to read them all because.

Several are talking at once.

Don Uselton stated, we also have other neighbors here to sir.

President Jerry Thompson stated, okay. Come forward while we are sorting through this.

Bob Blanchard stated, I’m Bob Blanchard.

Susie Blanchard stated, I’m Susie Blanchard, we live just right down the road from them.

President Jerry Thompson asked, are you adjoining property owners?

Bob Blanchard stated, no.

Susie Blanchard stated, no, we are about half of mile. I take care of their farm whenever they goon vacation.

Bob Blanchard stated, we hadn’t heard anything about that letter until after the last meeting. I couldn’t believe the stuff they were saying in it. We haven’t had any smells coming from down there and I know my wife take care of their animals when they go on road trips every once in a while. It is always neat and clean and the animals are all taken care of and never had any problems.

President Jerry Thompson stated, thank you, we appreciate that. Okay anyone else?

Jill Uselton stated, I just might add when she said they take care of our animals we have horses too. We have horses, barn cats and dogs.

President Jerry Thompson stated, okay. Jerry before I go through these I have a couple of things. I’m just trying to sort this out here a little bit. We have a letter here, now this is from Dustin Washington of Lafayette, now Dayton Indiana, does this pertain to this. Normally we deal with adjoining property owners, do we allow an exception to this.

Attorney Altman stated, I don’t know why not.

Ken Uselton stated, basically what those letters are addressing is the conditions that my kennel was in when customers came to see me when I was there in Brookston. This is exactly what Mr. Hall was talking about the stench or the smell, the constant barking, the conditions of my kennel. This is directly reflecting about what his statement was about my business as far as when I was there. This is defending me and directly against what Mr. Hall was saying.

President Jerry Thompson asked, Jerry do you want me to do word for word or just highlight these? I mean we have 10 of these.

Attorney Altman stated, fine with that.

President Jerry Thompson proceeded to read all ten letters to the board and audience. All letters are in the file.

David Scott stated, just a second Jerry. We are talking about their son?

Ken Uselton stated, yes sir. I use to live right next door to my dad until a year and half ago.

David Scott asked, are you going to be involved with this kennel?

Ken Uselton stated, somewhat, yes sir. I’m not, it is my dad, I’m there as far as advising him, as far as polling the dogs he gets, if he has any questions or anything like that. As far as the business.

David Stimmel asked, how does this have any bearing on the special exception?

Ken Uselton stated, because in their letter they said my kennel was unfit basically is what they said.

David Stimmel stated, it says and I quote that there has always been a horrible smell of dog manure okay.

Ken Uselton stated, okay it also says that there friends wouldn’t even come over and visit because of the conditions.

David Stimmel stated, right.

Ken Uselton stated, well I’m standing up and I’m here to back up my reputation and to show that this letter is false. Obviously there was some reason to table the decision last week or a month ago on my dad’s special exception and I feel that this letter had something to do with that. When came to get my special exception the County Lawyer who was ever here at the time said as long as you meet all of the requirements of the County for the special exception that they had no option but to issue it. That is what was said when I got mine.

David Stimmel stated, excuse me, can you respond to that Jerry. Is that possible.

Attorney Altman stated, I don’t, I’m sorry Mr. & Mrs. Uselton you applied for a special exception.

Ken Uselton stated, right, this was back in 2000 when I got mine.

Attorney Altman stated, special exception if you qualify you were granted a special exception.

Ken Uselton stated, so what I’m going to say is that this letter had a direct effect on whether or not that special exception was granted at the last meeting. I’m here to prove this wrong. This statement here is slander and is wrong.

Don Uselton stated, Mr. Stimmel.

Ken Uselton stated, I have a 100 more customers.

David Scott stated, my point is, we are talking about you know and he is going to run the facility.

Ken Uselton stated, right, this is argument here is the letter, the letter states that the conditions of my kennel where bad, I think that had something to do with tabling the decision at the last meeting, otherwise from my experience the council had no other options, but to issue.

Attorney Altman stated, they can table it if they wish to do so.

Ken Uselton stated, okay right, but I think this letter had something to do with that. I’m saying, I’m proving this letter wrong, obviously they are not here to defend it their selves.

Attorney Altman stated, we don’t know that, we haven’t asked.

President Jerry Thompson stated, that is right, that is coming.

Don Uselton stated, Mr. Stimmel we don’t want to sound like we are really what this sounds like, but I wish you would read the letter those folks wrote against us so these folks can here, so they can understand.

David Stimmel stated, we read that the last time Mr. Uselton.

Don Uselton stated, we are taking these peoples time and that is what.

President Jerry Thompson stated, you are right, but we know what was said.

David Scott stated, if we make a special exception for a kennel, one guy may run it right, and the next guy may not run it right, so we have to look at the whole picture. I get what you are saying there, but we decide to allow a kennel we have to make sure whoever is running that kennel or how they run it is not affecting people.

Ken Uselton stated, that is why every step of the way my dad has contacted me and asked me about where to put the kennel, how to maintain and all of that.

David Scott asked, does the kennel stay with the property on the special exception? Does it stay there with the property forever or when it changes ownership?

Attorney Altman stated, change with the owners.

David Scott stated, so if they sold the property, someone else would have to come in and get kennel license in order too.

Attorney Altman stated, I think that is what the board generally requires it.

President Jerry Thompson stated, I’m going to speed this process up a little bit.

David Scott stated, I think I have heard enough.

David Stimmel stated, yes me too.

President Jerry Thompson stated, okay, all right.

Ken Uselton stated, I would like those put into the record.

President Jerry Thompson asked, Dave and Dave do you oppose me reading names and address for the record that they did make the effort to do this? (Proceeded to read all the names and address. See file.)

President Jerry Thompson stated, okay back to Dave and Dave. Excuse me I got ahead of myself. Does anyone care to address the variance either for or against?

David Scott stated, to the South of you the modular.

Don Uselton stated, that is the McFadden's.

David Scott stated, that is the McFadden's.

Don Uselton stated, I have spoke to them several times and they do not hear or smell anything.

Jill Uselton stated, the letter you got is from across the street and says they were next door. We are actually on a 20-acre piece of property. The kennel is on two pieces so it is 3. 912 and fields all around us.

David Stimmel asked, Mr. Uselton how many adult dogs do you plan to have?

Don Uselton stated, no more than 6 or 7. There will be puppies, until they are sold, they would be gone before they are a year old. You are all welcome to come out and see what is there.

David Scott stated, if we allowed this special exception who would police this to see that it is run properly?

Director Weaver stated, you are looking at her.

Attorney Altman stated, there really is one person in this county. Diann is the enforcer of that.

David Scott asked, if someone came in with a legitimate complaint or something, do we have a way to revoke this once it is in place?

Attorney Altman stated, it would be very hard to revoke the special exception once it is granted.

Don Uselton stated, if someone would complain we would do our best to comply with whatever it is immediately.

Attorney Altman stated, what I’m saying and I understand that, but there is a discussion among the board and myself, it would be very hard. The health department would be able to and the veterinary and humane society would maybe take action. I’m just sort of guessing that if there is a problem with something like that.

Uselton (not sure which one) the health

Attorney Altman stated, excuse me I’m talking. It would be very difficult to have a special exception revoked. What would be if they got more than the 6 dogs he said he was going to have or if he didn’t sell the young like he said he was doing, the outer limits of the special exception. Yes we can enforce that and stop actions up and above that, but up to that limit the health department or that agency would come in and make enforcement.

David Scott stated, this exception limits him to 6 dogs?

Attorney Altman stated, he just said it, he is limiting that himself. He is also limiting that to selling all of the young that come off of them unless they replace one o f them.

David Scott asked, can we ask for a commitment for that or is that the law?

Attorney Altman stated, that is the form, that is the outer limits of his exception. If you are going to vote based on that you need to put it on your ballot so it is on the record and also part of limiting the exception.

David Scott stated, I have one more thing, the people who live in the modular back there, McFadden’s have you anything from them.

Director Weaver stated, not that I’m aware of.

President Jerry Thompson stated, I haven’t seen. David Stimmel do you have anything?

David Stimmel stated, the things that come to mind our the fact that we moved another zoning around for a special exception on two different occasions to get a space between homeowners and it just seems awfully inconsistent if we do this if we grant this special exception given the fact that the homes are so close to where the kennel is actually going to be. That is what I’m concern with. This special exception can stay there forever and it has no. I agree with how it has been run, that is fine I have no, my concern is what is going to happen down the road.

Attorney Altman stated, the only thing I can tell you is that you can limit it. It can reasonably limited and I say it this way not that you can’t do what ever you want to do or say what you want. You said how can it be enforced. I think the board can reasonably say if this is granted they can say, he must comply with all of the health regulations, all environmental regulations, comply with this use and that would be a limited a control factor on this. You can add to this, the board can limit the special exception.

David Stimmel stated, let me back up for a minute, Mr. Uselton you said the dogs were originally when you think when Mr. Hall was complaining about them was because of the fact the dogs were where they could be seen and aggravated by his dogs running up and down the road and you’ve moved them since then do I understand or not.

Don Uselton stated, right now we have, we are East of the Halls, first of all how often is there an East wind?

David Stimmel stated, I’ve been out, and I know exactly where you are at and exactly where the pole barn is and I know exactly where Mr. Hall is.

Don Uselton stated, I’m really surprised that Tom said anything, his wife is another story.

David Stimmel stated, lets not do this, what I want to understand, I want to understand the question, did you have the dogs on the West side of that property at one point in time and were they a nuisance or were they barking because of the dogs that he had running up and down the road, isn’t that what you said earlier.

Jill Uselton stated, our housedog is out in the back yard and we have a Doberman in the house as my pet and when she is out in the back yard their dogs are out in the road and she is barking at them.

David Stimmel stated, okay.

Jill Uselton stated, then they will call and say your dog has been barking for 2 hours straight and the dog hasn’t even been outside. They constantly call and hang up and call and hang up, and call and hang up, we have caller ID so we know.

David Stimmel stated, so were the dogs on the West Side of the property at one point and time?

Jill Uselton stated, just one dog.

Don Uselton asked, our dogs?

David Stimmel stated, your dogs on your property.

Jill Uselton stated, when you first brought ??? home, he was on the North end of the red barn until we got the kennel behind it.

Don Uselton, yes, yes, it was a lean to 150’ farther.

David Stimmel stated, if I can have you look at the picture that I’ve got here, you are now telling me that the kennels are now inside this lean to building.

Don Uselton stated, that is right.

David Stimmel stated, facing East.

Don Uselton stated, yes facing East.

Ken Uselton stated, which photograph are you identifying?

David Stimmel stated, I’m identifying the one on the right hand side if you are looking at the page of photographs in the center.

Ken Uselton stated, thank you.

President Jerry Thompson asked, is there anything else Dave?

David Stimmel stated, not right now.

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

David Scott stated, no.

David Stimmel stated, the doghouses and the dog’s runs are they going to be under the lean to?

Jill Uselton stated, yes they are.

David Stimmel asked, what about the manure disposal?

Don Uselton stated, holding tank.

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

David Scott stated, is this going to be a licensed kennel?

Don Uselton stated, this is not for boarding at all. It is for my own private use. We have just as many that I can take care of, like my wife said my health is bad, but I can still do something.

David Stimmel asked, do you store anything else in the lean to? Is it all going to be dogs or is it any…

Jill Uselton stated, exercise equipment and right now we have been storing things for our son, but he has moved it out. The lean to part is just all dogs and the other half is shed for the horses. There is an interior part of the building that we have yet to do, it has electricity and water, it is not completely enclosed so the dogs have proper ventilation.

David Scott stated, 6 dogs in the kennel.

Don Uselton stated, we have 4 in the kennel and two in the back yard.

Jill Uselton stated, well one is in the house.

David Scott stated, okay this includes your pets.

Don Uselton stated, yes.

David Scott stated, so you just have those 4.

President Jerry Thompson stated, okay one more time please.

Ken Uselton stated, I made a call today to a Mr. David Roth animal control to ask him if there had ever been any complaints against my dad’s property or mine when I lived there about any animal calls and he told me absolutely not. All right, so I think if someone had a problem with dog smell, dog barking and all that I would be calling the animal control and get something done and obviously there was not. You can call.

David Stimmel asked, how many females?

Don Uselton stated, I have three German shepherds female, I have 4.

Jill Uselton stated, she is still a puppy.

Don Uselton stated, the Doberman is a female.

David Stimmel asked, do you plan on breeding the Doberman?

Jill Uselton stated, maybe one time, she is too old.

David Stimmel stated, so 4 females German shepherds and one Doberman and then a male.

Don Uselton stated, yes.

David Stimmel stated, one of each?

Jill Uselton stated, no just the shepherd

David Stimmel asked, so how many liters of pups would you have for the year?

Don Uselton stated, probably one from each dog.

David Stimmel stated, so 4 liters a year.

Don Uselton stated, there are 4 -8 puppies per liter.

David Stimmel stated, I apologize for taking so long, but this is not as easy as it sounds to you, okay.

Don Uselton stated, you are paid by all of the people not just me.

David Stimmel stated, there are a lot of people involved in this and there will be down the road too.

President Jerry Thompson stated, this is more common than you realize, it really is Countywide. Dave Scott I will give Dave Stimmel a break do you have anything to add?

David Scott stated, I definitely would want a commitment as to the number of dogs, and that the special exception would stay with the owner and not with the property.

President Jerry Thompson stated, are you making notes of this Jerry? I would like to say, as I said earlier we are two members short, this doesn’t happen very often when 2 members short, so this is a lot and we don’t like tabling things and it puts a lot on three of us and that is why it is taking longer maybe than it would other wise. This is very important.

David Stimmel stated, the point being is that if all 5 members were here all you have to do is get 3 members to vote for your special exception, in this case you have to get all of us.

President Jerry Thompson stated, yes, that puts a lot on all of us.

David Stimmel stated, all right, I’m just giving you a heads up.

President Jerry Thompson stated, what you said earlier Dave do you care to make that in the form of a motion before we do vote.

David Scott stated, I have one more question. How soon are you wanting to do this?

Don Uselton stated, the kennel is there now, I have 4.

David Scott stated, okay, you have it there now.

Don Uselton stated, on concrete with drainage. I’m just trying to get it legal, you can drive around the country and see 15 – 20 hunting dogs everywhere with no permits at all. I’m trying to get it legal is what I’m trying to do. I should have known this from the first, but I didn’t.

David Scott stated, my instinct is I would like to table it until there is 5 board members.

Attorney Altman stated, like anything make a motion.

David Stimmel stated, what other options if this is denied, how soon can they reapply.

Attorney Altman stated, variances it would be res judicata that means they can’t apply for the same thing ever again. Special exception they would have to vary significantly before they can reapply.

David Stimmel stated, so something would have to change in the facts.

Attorney Altman stated, significantly yes, and as I have it here, their special exception is limited to 4 pins, 4 runs, 4 breeding female, one male dog their two house animals. The special exception would stay personal to these owners and if they ever passed away or moved on or try to sell it would have to be approved by the board for a special exception beyond that. There would be no boarding of these animals, they would comply with all rules, regulations, laws applicable to him. If they do not their special exception also could be revoked. Violating anyone of these 4. Did I miss anything Diann?

Director Weaver stated, I don’t’ believe so.

Attorney Altman stated, that is where we are right now. Now we need a motion to do something

Dave Scott do you have a motion?

David Stimmel asked, does it require a motion or just make it a part of the ballot?

Attorney Altman stated, certainly, however he was talking about making it a motion to table this.

David Stimmel stated, oh I’m sorry.

Attorney Altman stated, I said a motion, just to bring us up to date. The other way is to call for the question and proceed to vote. Unless they table it, that being the applicant.

Robert Blanchard stated, I have something I could say. You’ve guys have been out there since 1984 and I’ve been there that hole time across the road and their place has always well kept and in the fall it’s been well maintained and I’ve never smelled anything from their operations that they’ve got down there. Horses, dogs, anything, it is always clean and well taken care of.

President Jerry Thompson stated, thank you.

David Stimmel stated, for the record I want to accept the fact that you are not going to get a lot smell from an East wind, prevailing winds out of the Southwest you are not going to get a lot of smell. I will grant you that, I don’t think that is an issue, it is not an issue in my decision. My problem with the whole concept is the proximity to two other residences. I mean we are talking close and very close. That is my problem with the whole concept.

Don uselton stated, Walt and Diann said to do anything they want.

David Stimmel stated, Walt and Diann may not live there forever.

Don Uselton stated, oh you are talking about another one.

David Stimmel stated, those properties sell and other people move into those properties etc. And that is my concern is that it does an injustice I believe or it sets those other people up and it makes that property less sellable potentially to have something or a kennel next door to some people. Would you not think if somebody was going to buy that property right next door that, that might have an influence on the property value?

Don Uselton stated, that could sir, but also the traffic the first of the month that is in and out of there constant is something that could affect people also. I don’t complain on that sir.

David Stimmel stated, okay, I have no idea what you are talking about, but this is relevant to this special exception.

Don Uselton stated, good.

Ken Uselton stated, as far as talking with the proximity of the property and all of that. I lived right next to my dad where the McFadden’s live now, that was my home. I was granted a special exception for a kennel on that property. Okay with the exact same set up it has right now. I’m not there anymore, what is the difference if you granted a special exception on the property that borders the one he is asking for a special exception now. What is different now than when I got mine and why would that have any bearing what so ever. I mean everything is exactly the same when I issued a special exception on the property right next door to where Don is asking for his. I don’t live there now, but I was issued one, I was given a special exception with the exact same homes and the exact same place right next door for where he is asking for one. So I mean I don’t see what is different.

David Stimmel stated, so there would be no reason to ever turn down a special exception out there on any kennel.

Ken Uselton stated, absolutely as long as they fall within all of the guidelines of the County for a special exception, there should not be any. That is why there is guide lines, so as long as you fall in those guide lines set by the County this is what the County says has to be done in order to have this special exception. Don Uselton has done that and more. Just the same way I did when I was next door.

David Stimmel stated, okay.

Ken Uselton stated, he has done this, he has fell well within the regulations for the County, so yes if the County says this is the rules in order to follow to get this and people do fall within those guide lines the County is the one who made the guide lines, why would there be any reason not to. You can not speculate what is going to happen to properties out there in the future. That should have absolutely no bearing what so ever, it should have no bearing what so ever about what any body else thinks.

David Stimmel stated, I will not get into an argument with you, but that is the whole reason behind zoning in the first place as I understand it.

Ken Uselton stated, right.

David Stimmel stated, zoning in general, it is a broad scoop.

Ken Uselton stated, right.

David Stimmel stated, you are trying to figure out how to make things work long term, not just in this little window we are talking about.

Ken Uselton stated, but he falls within the regulations for a special exception.

Attorney Altman stated, that is for the board to decide.

Ken Uselton stated, well would you read them for me, what the guidelines are, I mean.

Attorney Altman stated, one of them would be that does not materially or permanently injure other properties or other uses of the same district or vicinity by becoming obnoxious materially or permanently injury other property or uses in the same district by becoming offensive. Materially, permanently injuring other property or uses in the same district because of then you put in the reasons. If would not serve the general purposes served by the ordinance. Some of the evidence supports what you are saying and some of it doesn’t and all I cane tell you that it is the board decision.

Ken Uselton stated, what part does not support it, I mean he is here and bared his soul this is what I want to do.

Attorney Altman stated, I hear what you are saying…

Ken Uselton stated, okay can I finish now…

Attorney Altman stated, it is for the board to decide.

Ken Uselton stated, you interrupted me now, and I apologize and I’m just saying if there is a problem then bring it out and say this is what and not just well we just don’t want it there. That is not good enough, when he falls within the regulations the same way I did.

President Jerry Thompson stated, okay thank you. We have other business tonight, not to rush this. Is the board ready for the call? What are the board’s wishes?

David Stimmel stated, I think the gentleman has something to say.

Ken Uselton stated, Dad, I think I would table it until they have a full board.

Don Uselton stated, I would like to do that, yes.

President Jerry Thompson stated, you would like to do that, I’ve got to have that in writing. I think that is a wise decision.

Ken Uselton stated, I agree.

Attorney Altman stated, this is the second tabling.

Jill Uselton stated, you tabled it before.

Attorney Altman stated, okay this is your first, you have one more.

President Jerry Thompson stated, so we are looking at November 17 right here.

****

#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. Tabled from the September 15, 2005.

Violation: None

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

President Jerry Thompson asked, sir you are?

Gerald Armstrong stated, I’m Gerald Armstrong.

President Jerry Thompson stated, okay, do you have anything to add sir other than what I have read?

Gerald Armstrong stated, the only thing is we went down the block from us on some houses that was down there and a deck that we would put on would be an open deck, two of the homes down there are setting further out than what we want, that is all.

President Jerry Thompson stated, that is fine, I think we as board members have made a personal visit I believe. Do either one of you care or just leave it as that.

David Stimmel stated, we did visit the site and I think the same thing you are talking about.

President Jerry Thompson stated, I was not able to, but these two gentlemen did make a personal visit. Diann do you have anything?

Director Weaver stated, I do not have anything.

President Jerry Thompson asked, Jerry do you have anything?

Attorney Altman stated, no.

President Jerry Thompson asked, does anyone here care to address the variance either for or against? Dave Stimmel or Dave Scott do you have anything?

David Scott 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 19’ front setback variance to build a roofed porch on the existing home on Bennett's Addition, Lot 61 to City of Monticello, White County, Union Township.

COMMON DESCRIPTION: The property is located 738 S. Maple Street, 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 3 affirmative and 0 negative.

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

****

#2459 James N. & Carolyn Holmes; The property is located on Lot 28 in Frank R. Burch Lakeside 2nd Addition. The property is located in Monticello at 332 N. Beach Drive.

Violation: None

Request: They are requesting a 5’ east side setback variance and a 5’ west side setback variance to enclose a carport and to bring the existing home into compliance.

President Jerry Thompson asked, and you are?

Ken Holmes stated, Ken Holmes.

President Jerry Thompson stated, Ken Holmes and

Carolyn Holmes stated, Carolyn Holmes.

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

Ken Holmes stated, no sir.

President Jerry Thompson stated, okay nothing else. Diann anything?

Director Weaver stated, just that the board received a copy of two letters that they had brought in at the time they made application from the neighbors.

President Jerry Thompson stated, okay.

Director Weaver stated, one is from Rollheiser Properties dated August 31, 2005. (Diann proceeded to read letters from Mr. Holmes’ neighbors. Please see file for letters.)

President Jerry Thompson asked, does anyone here care to address the variance either for or against? Dave and Dave any questions for the Holmes?

David Stimmel asked, Mr. Holmes the proposed garage, will there be an over hang and can I assume it will be no further out than the 16’?

Ken Holmes stated, whatever you want 3” or 4” at most.

David Stimmel stated, so your 3’ setback from the property line will be less than 3’.

Ken Holmes stated, no, I don’t think so.

Carolyn Holmes stated, it comes around like a pie shape the lot.

David Scott stated, the overhang is considered a part of the purposed garage.

Ken Holmes stated, yes.

David Scott stated, so you will have 3’.

Ken Holmes stated, I didn’t measure that.

David Scott stated, we don’t want you building out of compliance.

David Scott stated, the post that is supporting the lean to right now.

Ken Holmes stated, it will not be any further than anything that is in that picture.

David Stimmel stated, okay so the edge of the concrete and roof.

Ken Holmes stated, will stay the same.

David Stimmel stated, great that is what I wanted to hear. Thank you.

David Scott asked, Diann do you know the people about the people on lot 27 & 29?

Several are talking at once.

President Jerry Thompson asked, are there any other concerns with the board?

Attorney Altman stated, you must comply with the elevation required by the elevation certificate that you received from DNR. Make sure you are within those.

Director Weaver stated, I think that is the wrong file.

Attorney Altman stated, sorry wrong thing.

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 5’ east side setback variance and a 5’ west side setback variance to enclose a carport and to bring the existing home into compliance on Lot twenty-eight (28) in Frank R. Burch’s Lakeside Second Addition in the City of Monticello, White County, Indiana located on Lake Freeman

COMMON DESCRIPTION: The property is located at 332 N. Beach Dr.


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 3 affirmative and 0 negative.


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

****

#2460 Rosemarie Evers; The property is located on N NW 8-27-3 .28 & .31 of an acre, located North of Monticello at 4234 E. 400 N.

Violation: None

Request: She is requesting a 4” elevation variance for a room addition. Our Flood Ordinance requires the lowest floor elevation to be 654.0’ and they are requesting it to be 653.8’.

President Jerry Thompson asked, and ma’am you are?

Rosemarie Evers stated, Rosemarie Evers.

President Jerry Thompson stated, okay, do you have any thing that you would like to add to this?

Rosemarie Evers stated, no.

President Jerry Thompson asked, Diann?

Director Weaver stated, I don’t believe, we do have an elevation certificate it was done by Jim Milligan.

David Scott asked, what does that mean?

Director Weaver stated, showing you want their proposed height of the floor is going to be and what base flood elevation is.

Attorney Altman stated, there not proposing something lower that they have to get a waiver through the DNR.

Director Weaver stated, no, it is only 4” elevation.

Attorney Altman stated, I understand.

David Scott asked, at what point do we have get permission from the DNR?

Director Weaver stated, if they go below the base flood elevation.

David Scott stated, okay we are above that.

Director Weaver stated, we are not quite 2’ above that, we are 1’ 8” above that, if the variance is granted we are 1’8” above that.

President Jerry Thompson stated, okay I’m with you now. Okay anyone here care to speak either for or against the variance?

Linda Eller stated, I’m Linda Eller from Stevenson’s point and we own it and we own the property right next to Rosie and we have no objections to this.

President Jerry Thompson stated, okay, thank you. Is there anyone else? Dave or Dave anything or questions for Ms. Evers.

David Scott stated, just let me clarify this, if we allow this she is still going to be the wood part of the structure is going to be 1’ 8” out of the flood plan.

Director Weaver stated, the lowest floor is going to be 1’8”.

David Scott stated, the lowest floor.

Director Weaver stated, the lowest floor elevation.

David Scott stated, so she would have floor joists even lower than that.

Director Weaver stated, quite possibly yes.

David Scott asked, how big of a hurry are you to do this?

Rosemarie Evers stated, well we would like to get started.

Director Weaver stated, the requirement is the lowest floor elevation must be above 2’ the base flood elevation.

David Scott stated, so if she has an 8” floor joist she is going to be a 1’ above.

Bill Carr stated, I’m Bill Carr a builder, actually the way the elevations are measured, the way we have to set them is the top of the block. That is how the elevation always sets, so..

I don’t know what they are doing, but the elevation is shot from the top of the block.

David Scott stated, okay.

Director Weaver stated, so Bill is the floor joist figured as a part of the floor itself, is that what you are telling us.

Bill Carr stated, everything has to come from the block up, if the elevation is shot, the floor joist is setting on that block that elevation from there up.

David Stimmel stated, so the floor joist is going to be 1’8” above the flood plan.

Bill Carr stated, if the builder does that, that is correct.

David Scott stated, that is not the way I understand it.

Director Weaver stated, the builder is here tonight, maybe he can clarify that.

President Jerry Thompson stated, Dave could you tell him what you are concerned about.

David Scott stated, the top of the concrete block where is that according to the flood plan?

Buck Stevenson stated, there is only a 2” different from the floor so the floor joist will be down 8” below where the flood plan is.

David Scott stated, so we have a 2’ buffer and you are going to have a floor 2”.

Buck Stevenson stated, lower than what the flood plan calls for.

David Scott stated, 2” and the floor joist is 8” or 10”.

Buck Stevenson stated, 8”.

David Scott stated, well you will be 14” out of the flood plan than.

Director Weaver stated, is it 4” or 2” we asked for the 4”.

Rosemarie Evers stated, it is 2”.

Buck Stevenson stated, according to what the surveyor said it is only, when they shot the level out there and come up and put it on there it was only 2” so the floor of the house is only 2” lower than what it is required for.

David Scott stated, it looks like all of the other houses are the same. This is going to be the same as the existing house is?

Rosemarie Evers stated, yes.

Director Weaver stated, this is on the actual lake, this is not on the river, it is on the lake.

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

David Stimmel stated, no.

Without further discussion the board voted.

The Board finds the following:

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


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


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


4. That no objectors were present at the meeting.


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


6. That the request is for a 4” elevation variance for a room addition. Our Flood Ordinance requires the lowest floor elevation to be 654.0’ and they are requesting it to be 653.8’ on a tract of land located in the North half of the Northwest quarter of Section Eight (8), Township Twenty-seven (27) North, Range Three (3) West in Liberty Township, White County, Indiana, and described more fully as follows:

Beginning at a point which is one thousand one hundred forty-four (1,144) feet West of the Northeast corner of the Northwest Quarter of said Section Eight (8), and running thence West Eight-five (85) feet; thence South two hundred seventy-five (275) feet to the waters edge; thence downstream along the waters edge to a point which is South three hundred twenty-five (325) feet from the point of beginning; thence North three hundred twenty-five (325) feet from the point of beginning, containing fifty-nine hundredths (.59) of an acre, more of less

COMMON DESCRIPTION: The property is located North of Monticello at 4234 E. 400 N.


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 3 affirmative and 0 negative.

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

****

#2461 James G. & LaVerne R. Gursky; The property is located on Lot 3 in Swank Subdivision, located North of Monticello at 2311 N. State Road 39.

Violation: None

Request: They are requesting a 17’ front setback variance to build an attached garage.

President Jerry Thompson asked, and you are?

James Gursky stated, I’m James Gursky.

President Jerry Thompson asked, and ma’am you are?

LaVerne Gursky stated, I’m LaVerne Gursky.

President Jerry Thompson stated, I know it sounds silly, but we have to make sure we are talking to the right people. Do you have anything else that you would like to present to us?

James Gursky stated, no other than, its neither here nor there, but I was told it was an A-1 and needed to be 60’ back from the road and that is where I started at and that is why I need the variance now. It has to be 80’ because of the subdivision.

Director Weaver stated, the property is zoned A-1, but it is on a State Highway so it does have an 80’ front setback instead of a 60’ front setback.

President Jerry Thompson asked, is there anything else?

Director Weaver stated, no.

President Jerry Thompson asked, Jerry anything?

Attorney Altman stated, no.

President Jerry Thompson asked, anyone care to address this variance either for or against? Any questions from the board?

David Stimmel asked, Diann are there any variances in the subdivision for setbacks?

Director Weaver stated, not that I’m aware of. The subdivision is only 3 lots.

James Gursky stated, it is only 3 lots. It is 3 lots at 2 acres on the East Side of 39.

President Jerry Thompson asked, Dave Scott anything any comments?

David Scott stated, I’m just curious to why you didn’t move the garage over that distance and move it so it meets the setbacks.

James Gursky stated, well the house is 76’ long and put another 24’ on there you’ve got 100’ house setting out there and I think it would look much nicer with the garage on the front and give it a little bit more class and I think it would improve the look of the neighborhood, personally. That is one of the reasons we are looking to do that. It is not the fact that I want to be ornery or anything, just looking at a 100’ house looks awfully long. Just looking at a flat section across there and that is the reason we wanted to make it kind of an L shape.

President Jerry Thompson asked, Dave Stimmel?

David Stimmel asked, would you consider putting it on the backside of the house?

James Gursky stated, I never…

LaVerne Gursky stated, we wanted to have one step coming out of the garage for me and have an area that is level for me to get into the side door to get into the house, more convenient for me to go into the house with the walker.

David Stimmel stated, that is all I have.

President Jerry Thompson stated, okay anyone else?

Without further discussion the board voted.

The Board finds the following:

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


2. That the lot is a proper subdivision of land as provided by the White County Subdivision Ordinance.


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


4. That no objectors were present at the meeting.


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


6. That the request is for a 17’ front setback variance to build an attached garage on Lot Number Three (3) in Swank Subdivision, an addition in White County, Indiana, as per plat thereof recorded in Plat Record 6, Page 41B, as Instrument No. 001106123 in the Office of the Recorder of White County, Indiana.

COMMON DESCRIPTION: The property is located North of Monticello at 2311 N. State Road 39.


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 3 affirmative and 0 negative.

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

****

#2462 Noel F. & Nan E. Lyons Living Trust; The property is located on Lot 2 in Willow Bend Subdivision, located North of Monticello off the north side of Lake Road 28 W.

Violation: None

Request: They are requesting a 6’ height variance to build a pole building for personal storage.

President Jerry Thompson asked, and your name please?

Noel Lyons stated, my name is Noel Lyons and this is my wife Nan Lyons.

President Jerry Thompson stated, okay.

Noel Lyons stated, we are requesting a variance and we want to build a 48’ x 56’ pole barn, we are going to park our RV in there, so it is 12 ½’ and we had to go with the next 16’ height, so after Mike Rupel looked at it and stuff we decided that we needed to get a 23’ variance for the height.

President Jerry Thompson stated, all right. Diann anything?

Director Weaver stated, I don’t have anything, we did include the plans for the building so the board could see what it was going to look like. The full plans are in the file.

President Jerry Thompson asked, Jerry?

Attorney Altman stated, the proposed building is similar in make up and as shown on the picture here. Will it be similar to that? A metal building?

Noel Lyons stated, it is a FBI building, pole barn.

(Currently looking over pictures.)

President Jerry Thompson asked, does anyone here care to speak either for or against?

Rex Ward stated, I’m Rex Ward, we live out there and I have no objections to the height. I came for clarification of drainage. Is that where we come to voice our issues or is there another board or commission that we are to discuss this with?

President Jerry Thompson stated, we can to a point, yes. Diann you were there and you are probably aware of what he is speaking of.

Director Weaver stated, not really.

Rex Ward stated, no it is a very generally situation. I’m just trying to look ahead it is not their problem at all. It is everybody’s situation. If the high area of the part they are building in all drains to the creek and drain through my property. I was just trying to find out where I could go to, it is just not him. It’s a situation I want to address that either through here or another.

Director Weaver stated, it sounds like you need to address with Drainage board.

Rex Ward stated, the drainage board.

Director Weaver stated, but you go through the Surveyor’s office to do that.

Rex Ward stated, thank you.

David Scott stated, we are going to make an exception, there will be more roof area out there.

Attorney Altman stated, he can build this building on his lot, he is asking for a variance…

Director Weaver stated, right if this building wasn’t taller than the 17’ we would have issued the permit. It is not large enough that it would be something we would refer to the Surveyor’s for drainage.

Attorney Altman stated, the height is what we are talking about not the size is what I’m trying to clear up.

President Jerry Thompson asked, is there any other discussion?

Without further discussion the board voted.

The Board finds the following:

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


2. That the lot is a proper subdivision of land as provided by the White County Subdivision Ordinance.


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


4. That no objectors were present at the meeting.


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


6. That the request is for a 6’ height variance to build a pole building for personal storage on Lot 2 in Willow Bend Subdivision in Union Township, White County, Indiana.

COMMON DESCRIPTION: The property is located North of Monticello off the north side of Lake Road 28 W.


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 3 affirmative and 0 negative.


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

****

#2463 John Joseph & Kathleen Diane Keating; The property is located on Part NW SE 16-28-4 on 1.510 acres, located at the North edge of Monon at the Northeast corner of Adams St. and C.R. 825 N.

Violation: None

Request: They are requesting an 80’ rear setback variance to build a new home.

President Jerry Thompson asked, and you people are?

John Keating stated, I’m John Keating

Kathleen Keating stated, I’m Kathleen Keating.

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

John Keating stated, not at this time.

President Jerry Thompson asked, Diann?

Director Weaver stated, I don’t believe I have anything, yes I do. To the South of them they have an unimproved street and that is considered their front yard because it is a platted street even though it is not presently there.

Attorney Altman stated, Garfield Court for the record.

Director Weaver stated, that is why they have to request the variance. They are actually going to access off of a driveway to the left side of the property.

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

Dave Scott anything?

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 A-1, Agricultural.


2. That the lot is a proper subdivision of land as provided by the White County Subdivision Ordinance.


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


4. That no objectors were present at the meeting.


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


6. That the request is for an 80’ rear setback variance to build a new home on that part of the Northwest Quarter of the Southeast Quarter of Section 16, Township 28 North, Range 4 West in Monon Township, White County, Indiana described by:

Commencing at a railroad spike found at the Southwest corner of the Northwest Quarter of the Southeast Quarter of said Section 16; thence South 89 degrees 30 minutes 40 seconds East (Indiana State Plane Coordinate System) along the south line of said quarter 15.00 feet to a capped W/I.D. ½ inch iron pipe (I.P.) set and the point of beginning;

Thence North 02 degrees 01 minutes 31 seconds West 180.00 feet to an I.P. set; thence South 89 degrees 32 minutes 10 seconds East 367.34 feet to an I.P. set; thence South 00 degrees 55 minutes 25 seconds West 180.00 feet to an I.P. found; thence North 89 degrees 30 minutes 40 seconds West 358.08 feet to the point of beginning, containing 1.510 acres, more or less.

COMMON DESCRIPTION: The property is located at the North Edge of Monon at the Northeast corner of Adams St. and CR 825 N.


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 3 affirmative and 0 negative.


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

****


#2465 Stanley & Alicia Keeton; The property is located on Lots 37 & 38 and part of 39 in the Original Plat in Idaville, located at 113 W. South Railroad Street.

Violation: None

Request: They are requesting a 14’ front setback variance form Logan Street to put a mobile home on the property, a 4’ rear setback variance to add onto and bring the exiting detached garage into compliance and 14’ front setback variance for a 6’ chain link fence.

President Jerry Thompson asked, and sir you are?

Stanley Keeton stated, I’m Stanley Keeton.

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

Stanley Keeton stated, no.

President Jerry Thompson asked, Diann do you have anything?

Director Weaver stated, just they did previously request a variance on this property so we have included a staff report from that request and a copy of the minutes for the board in the packets.

Attorney Altman asked, is that application consistent with this application?

Director Weaver stated, no that request was for a home and this is for a mobile home, the request now.

Attorney Altman stated, so this would void the original of the first variance.

Director Weaver stated, yes.

Attorney Altman asked, do you understand that?

Stanley Keeton stated, yes.

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

Dave Scott anything.

David Scott stated, Idaville has an ordinance restricting mobile homes or anything in the city limits.

Director Weaver stated, Idaville is not an Incorporated Town.

David Scott stated, oh.

Attorney Altman stated, it is on the sewer system though.

David Stimmel asked, what about the year of the mobile home?

Director Weaver asked, what year is the mobile home?

Stanley Keeton stated, a 1995 or 1996.

President Jerry Thompson asked, should we have proof of that on record?

Director Weaver stated, we will before we issue the permit we request copy of the title.

President Jerry Thompson stated, okay, I thought you did, I just wanted to make sure. Anything else?

David Stimmel 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 requesting a 14’ front setback variance form Logan Street to put a mobile home on the property, a 4’ rear setback variance to add onto and bring the exiting detached garage into compliance and 14’ front setback variance for a 6’ chain link fence on Lots 37 and 38 and 10 feet off the West side of Lot 39 all in the Original Plat of the Town of Idaville, White County, Indiana.

COMMON DESCRIPTION: The property is located in the Town of Idaville at 113 W. South Railroad Street.


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


The variance was granted based on the findings of fact by a vote of 3 affirmative and 0 negative.


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


****

#2466 David A. Furman; The property is located on Part NW NW 31-28-3 on .055 of an acre known as Lot 5, located East of Monon beside 5967 N. 300 E.

Violation: None

Request: He is requesting a 21’ front setback variance and a 13’ rear setback variance to add a second story to the existing home and a 3’ side setback variance for an unroofed deck.

David Furman stated, I’m Dave Furman.

President Jerry Thompson stated, thank you. Do you have anything else that you would like to present to the board?

Dave Furman stated, I was going over with the Building inspectors and everything about my stairs about where they are going to be and everything. I have updated my print to figure out what the stairs are going to be and everything.

President Jerry Thompson asked, Diann anything to add to this?

Director Weaver stated, only that we do have a letter from the Twin Lakes Sewer district stating that he is on the sewer system.

President Jerry Thompson asked, Jerry?

Attorney Altman stated, I guess that is very critical because this is obviously a very small piece of ground and a far amount of building. That would be a requirement that it stay on the sewer district.

Dave Furman stated, I would never put a septic in there, not anymore since the sewer is there.

Attorney Altman stated, the answer is you can’t.

Dave Furman stated, you can’t do that, it was mandatory that you hook up.

Attorney Altman stated, I mean from a health point of view.

Dave Furman stated, oh yeah, one of the best reasons to go to the sewer.

President Jerry Thompson asked, Dave Stimmel anything for Mr. Furman?

David Stimmel stated, I’m struggling with the 1’ setback on the property line there, I know you are limited, but and you trunk the corner of the deck so you have at least have 3’ setback there. What is the requirement?

Director Weaver stated, it is 4’

David Scott asked, did you understand what Dave was saying there?

Dave Furman stated, yes, put a triangle, but the corner off and make it at a 45 degree angle to get the amount of footage back to 4’ from the edge of the property line.

David Scott asked, do you have a problem with that?

Dave Furman stated, no because originally I had it so there was, but since I was asking for a variance I just tried to go all the way across, then got the surveyor out and got the actual measurement.

David Stimmel stated, I’m just concerned Mr. Furman about 12” of setback, not enough to squeeze through.

Dave Furman stated, yes.

David Stimmel stated, if the neighbor wanted to build close.

Dave Furman stated, with the house and the garage that.

Attorney Altman stated, if you move that back tot he 4’ then you are all right.

Dave Furman stated, all right.

Director Weaver stated, Dave Stimmel just so you know if you look at your pictures, the middle on the right hand side that is the side of the house that is going to have that deck and that is the garage that is shown on the side.

David Stimmel stated, all right. Yes it still gives me the same opinion. That was great.

Attorney Altman stated, so you are modifying your request to leave the 4’ there on the deck for the side.

Dave Furman stated, whatever you want me to do.

Attorney Altman stated, I hear if you are going to get a vote you better being doing that.

Dave Furman stated, yes, originally I had that so it wasn’t all the way close to the edge. I can change that and cut that corner at a 45.

President Jerry ThompsonL, any other discussion?

David Scott stated, your steps will probably come off of the East Side of the deck, the steps will come off here.

Dave Furman stated, no they will come off here. (looking at a map.)

David Scott stated, I just wanted to make sure you didn’t put your steps on and put you out of compliance.

President Jerry Thompson asked, any other discussion?

Without further discussion the board voted.

The Board finds the following:

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


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


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


4. That no objectors were present at the meeting.


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


6. That the request is for a 21’ front setback variance and a 13’ rear setback variance to add a second story to the existing home and a 3’ side setback variance for an unroofed deck on that part of the Northwest Quarter of the Northwest Quarter of Section 31, Township 28 North, Range 3 West, in Monon Township, White County, Indiana, described by:

Commencing at the Northwest corner of the above said Section 31; thence South 01 degree 03 minutes 47 seconds East along the Section line 264.00 feet; thence North 69 degrees 00 minutes East along the Northern Indiana Public Service Company line 210.89 feet to the point of beginning; thence North 39 degrees 59 minutes 47 seconds West 26.71 feet; thence North 00 degrees 00 minutes 13 seconds East 39.00 feet; thence North 89 degrees 59 minutes 13 seconds East 47.00 feet; thence South 03 degrees 31 minutes 13 seconds West 41.00 feet; thence South 56 degrees 36 minutes 47 seconds East 9.15 feet to the Northern Indiana Public Service Company line; thence along said line South 69 degrees 00 minutes West 37.67 feet to the point of beginning, containing 0.055 of an acre, more or less, and referred to as Lot number 5 (5).

COMMON DESCRIPTION: The property is located beside 5967 N. 300 E, Monon.


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 1.10 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 3 affirmative and 0.


Attorney Altman stated, you need to get your building permit before you proceed. The Southwest corner of the deck is to be maintained the 4’ setback.

****

President Jerry Thompson stated, the situation with the pool the Tirpak business, you will have to help with the name. That has went gone on long enough and we have had a discussion among a couple of us and we are wondering about taking action. Taking action and maybe getting another individual involved outsider possibly. I wish we had a full board here tonight to discuss this further, but I just wanted to bring this up what was kind of in the back of 3 of our minds to do. If we should not talk about it anymore, say so. It really isn’t on the agenda I’m not sure what to do.

Attorney Altman stated, I think you can proceed with what you are doing.

President Jerry Thompson stated, I took it upon ourselves a couple of us. I have spoken to another attorney to see if he would be interested in looking over the file and see what he thought on the matter. It is Joe Bumbleburg, and he is more than willing. In fact I talked to him again tonight before I came up here. I talked to him earlier and we had harvest and then we didn’t have a meeting for several days. Dave and I have discussed this a time or two and we feel like it is time to take action. Either it is in our County’s favor or not it is time to do and just wondered I guess need your cooperation to send stuff to Joe, I guess.

Director Weaver stated, I have no problem with that.

David Stimmel stated, Jerry excuse me. One of the things we talked about was the whole concept of how sensitive this is for a county standpoint. Dave I have talked to John Heimlich we various discussions and tried to talk about the broad picture and the thought was, what a different set of eyes somebody or a second opinion. If you had a doctor and had a problem you would want a second opinion. This is maybe one of those cases, someone completely independent.

President Jerry Thompson stated, no doubt about it, it is a delicate situation.

Attorney Altman stated, I think that it very reasonable.

David Stimmel stated, I appreciate you saying that. We are struggling with what to do.

Director Weaver asked, do I now take the time to explain the situation?

Attorney Altman stated, you could just as well as anyone.

Director Weaver stated, Jerry and I.

David Scott stated, excuse me, Sir would you have him close that door.

Director Weaver stated, Jerry asked me a while back for that file and I went to pull it to make copies of it for him and the file can not be located. I personally have gone through everywhere I can image where this file can be and can not find it.

President Jerry Thompson asked, you have looked as recent as?

Director Weaver stated, since Jerry asked me 2 weeks ago.

Attorney Altman stated, Dave had said he wanted a copy of it and he called me for a copy and I called Diann and that is what Diann told me.

Director Weaver stated, I can make copies of most everything off of the computer, but the application does not have a signature so I pretty well provided most of the file, but. I don’t know where it is.

Attorney Altman stated, that is why I didn’t get it any quicker than I did.

David Stimmel stated, when you call me it sounded like something was going on.

David Scott stated, what about the meeting minutes?

Director Weaver stated, the minutes are fine, the minutes are no problem because they are not kept in a file. What we are talking about is the proof of advertising, the signed application, sign posting affidavit. The letter to adjoining owners. Any exhibit that would have been presented would not be there. I don’t know if there were any.

Attorney Altman stated, I don’t think there was. It is something that needs to be addressed in addition to what you are talking about.

President Jerry Thompson asked, who has access to the files other than the office staff?

Director Weaver stated, good question. The files are right there in the main part of the office, but they would have had to come in when no one was in the office to have removed them. Normal business hours that could not have happened.

David Scott stated, when we address that that night, I think I might have initiated the fine situation. Well I don’t remember the details, but in the mean time there has been another court case that was similar to that and the judge said in that paper that typically a guy would think that there was a back, front and two sides and I think at the time when we were addressing the fine and everything on that situation that was a gray area. Whether a house on the corner has two fronts or front and two sides. The guy in this other case the guy lost, but because he built without a permit, but the judge did say in that letter that he would had assumed the property has a front, back and two sides.

Director Weaver stated, he didn’t make a determination.

David Scott stated, no he made a determination.

David Stimmel stated, he said that it was vague.

David Scott stated, he said it was vague.

David Stimmel stated, he used the terminology the common man would interpret it differently something to that fact.

Attorney Altman stated, we have consistently interpreted that two front yards on that situation.

David Scott stated, In the past prior to that.

Attorney Altman stated, from the get go, very consistently, I can tell you from day one, it has always been that way. Again right or wrong I’m not saying that it has been the interpretation.

David Scott stated, I feel like Dave it might not hurt to have a third party take a look at it and let’s take care of it.

President Jerry Thompson stated, so are you suggesting that the girls make copies of whatever you can make and forward.

Director Weaver stated, and forward them on to him and he is aware that.

President Jerry Thompson stated, I just told him that we really hadn’t meet as a full board to decide this and that we were meeting tonight.

Director Weaver stated, okay. Does the board need to vote on this?

Attorney Altman stated, they need to authorize that.

David Stimmel stated, I move that we ask Diann to copy the Tirpak file regarding fine and forward that to Joe Bumbleburg.

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 carried 3 to 0.

Director Weaver stated, I request that we discussed this DNR letter at the next meeting and hopefully we will have a full board because we do need to discuss that letter. I do want to mention, I don’t know how many of you have marked your calendars, but I found out today that the Steering Committee meeting that we were to have next week has been postpone until November 1. I wanted to give that date to you. Tomorrow is the Liberty Landfill thing that we have all been invited to and also I would like to give you an update with a situation in the office. I don’t know if I mentioned it to you, but as of January 1st Carmen Coble who currently works, she is on my budget, my employee, she works for the Building Department and Area Plan Office, as of January 1 will become a full time employee of the Building Department and will no longer be my employee. They are also going to be doing some remodeling work in the office and making some changes in there as well. Also last Wednesday I received notice that Cindy Hall is leaving the office also, she has taken a spot in the Clerk’s office.

President Jerry Thompson asked, can you tell us anything about next week?

Director Weaver stated, you have 5 or 6 things on that. If you get an opportunity I suggest that you visit the Westerhouse property.

David Scott asked, is it in this?

Director Weaver stated, it is in your packet.

Charles Mellon stated, the date of the 26th has been changed.

Director Weaver stated, it has been changed until November 1.

The meeting adjourned.

Respectfully submitted,

Gary Barbour, Secretary

Diann Weaver, Director

White County Area Plan Commission