Get Adobe Flash player

The White County Board of Zoning Appeals met on Thursday, November 17, 2005 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

Visitors attending were: Terry Beasy, Charles R. Mellon, Rebecca Trent, Mary Poulsen, Jim Poulsen, Charles Jacobson, Edwin McCall, Barb Lawson, Harold Lawson, Nick Beasy, Becky King, Leo King, Greg Stigas, Tom Fletcher, Russell Newland, Connie Newland, Jim Davis, Brad Pollock, Susette Maudlin, Tadd Maudlin, Cindy Fulk, Greg Lawson, Les Brady, Darryl Miller, Neil Hayden, Tom Mitchell, Ron Roth Jr., Terry Whitaker, Ronald Roth Sr., Ralph Logan, Barry Ledbetter, Lewana Uselton, Ken Uselton, Rodger Bertram, Bob Young, Myron Baines, Don Uselton, Jill Uselton, Kay Jennings, Doug Kammerer, Buck Mathis, Chuck Jacobsma, Susan Case, Brad Smock, Andy Worrell, Elizabeth Anderson, Doris Parsley, Tom Parsley, Linda Harmon, Ron Halsen, Rochelle Halsen, Floyd England, T.J. Beasy, Stephanie Roberts, Sam Cosgray, Alex Cosgray, Rudy Owens, Jeff Tribbett, Don Pauken, Lyle Tribbett, John Raines, Terri Raines, William Gatewood, Doug Barnard, Kyle Anderson, Bill Pyle, Bob Leader, ?, ?, and Scott Willoughby.

The meeting was called to order by President Jerry Thompson and roll call was taken. Carol Stradling made a motion to dispense with reading and approve the minutes of the September 15, 2005 meeting. Motion was seconded by Gary Barbour and carried unanimously. David Stimmel made a motion to dispense with reading and approve the minutes of the October 20, 2005 meeting. Motion was seconded by David Scott and carried unanimously. Attorney Altman swore in all Board members and audience members.

****

#2477 Chambers Liberty Landfill, Inc., Owner; Waste Management of Indiana, LLC. Applicant; The property is located in 12-28-3 on the S ½ SE ¼ containing 1.377 acres, 29.229 acres and 55.051 acres and the N ½ SE ¼ 80.00 acres, located East of Buffalo at 8635 E. State Road 16.

Violation: None

Request: They are requesting to keep the existing Special Exception #2404 for the Landfill in place and requesting to keep the evaporator on site and operational with potential expansions as needed.

President Jerry Thompson asked, anyone here representing Liberty Landfill?

Terry Beasy stated, my name is Terry Beasy.


President Jerry Thompson stated, go ahead. Do you have anything you would like to present?

Terry Beasy stated, yes, I brought a sample drawing for the board, however this may or may not


be exactly what is built because the structures the secondary containment for the tanks to feed the evaporator are all subject to IDEM approval. This will give you an idea on the property where it is going to go. I understand that it will be for the record.

President Jerry Thompson stated, for the record, do you care to have copies made.

Terry Beasy is showing the maps to the board. The evaporator that we are talking about Liberty Landfill is a unit that runs off of land fill gas and gives the landfill the opportunity to process some liquid waste forms for example. Oily water where we can remove the water and leave the oil behind and it can then go to recycling. It can treat a multitude of different liquid type waste which are currently deep well injected or put through a wastewater treatment plant. We have had an evaporator at Liberty landfill for approximately 10 years. It has been treating landfill lechate. It will now start to process industrial process water. All of the waters in the emissions from the evaporator are subject to IDEM and EPA air guidelines, so everything is done within the context of being approved through IDEM on the waste treatments that go through the unit. I believe that is all I have to say.

President Jerry Thompson stated, all right.

Attorney Altman stated, the plans that you just presented are they different from the ones that we have here.

Terry Beasy stated, no sir they are very similar. However there are some grids that shows distances between things. However the reason we subject the whole 88 acres is if we are off 10’ or so on our placement of a tank farm we wanted to make sure we had adequate area rezoned in order to make sure that whatever IDEM approves we can build.

Attorney Altman stated, so what you are saying is your request is basically set forth on the exhibit that you are putting…

Terry Beasy stated, no sir, requesting the entire property and giving you a rough idea of what it may look like. I can not guarantee what will be built because all of the structures and all of the secondary containment are subject to IDEM guidelines. Therefore I can not tell you precisely what will be built until it is approved by IDEM.

Attorney Altman stated, but the approximate size and dimension are set forth on this.

Terry Beasy stated, they are approximate, yes.

Attorney Altman stated, I understand that IDEM isn’t yet stamping this and if they say you need to have 10’ more or 100’ more that is why you included the whole 88 acres in this.

Terry Beasy stated, yes sir.

Attorney Altman stated, this is basically what you are asking for.

Terry Beasy stated, yes.

Attorney Altman stated, we will call this exhibit A. I haven’t done that, but I will put that on there.

President Jerry Thompson asked, Diann do you have anything?

Director Weaver stated, no, I don’t believe so. We haven’t had any complaints. We have had people inquiring, but no more than just inquires.

Carol Stradling stated, Jerry before we go to much further, I guess I just want to make it public record that I’m employed by North West Indiana Solid Waste District. The funding for the district comes from tipping fees generated by two landfills, one in Newton County and one here in Liberty. In no way is my salary determined by the amount of waste that is taken to the landfill. So if the landfill was to completely go away, State law requires that the district still be in existence. I just wanted to make that clear before we proceed, I have spoken with the District attorney. There doesn’t appear to be any legal reasons why I would recuse myself, but if there was any thought I might be benefiting in some way by either approving this or disapproving this. My job also entails to reduce the amount waste to go to any landfill by promoting recycling, reducing and reusing.

Attorney Altman stated, also for the record you sent a letter dated October 26, 2005 that is in the record for this special exception request. Basically the letter speaks for it self.

Carol Stradling stated, that was sent to IDEM.

Attorney Altman stated, the board should all have a copy of that.

President Jerry Thompson asked, Jerry do you have and you should have? Do you have the information that I have?

There’s discussion between President Thompson and Attorney Altman about the paperwork in the files.

President Jerry Thompson asked, anything else?

Attorney Altman stated, no.

President Jerry Thompson asked, anyone else out here care to address this matter?

Director Weaver stated, you do have letters in the file.

(See file for copies of the letters.)

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

Ronald Roth Sr. stated, I’m Ronald Roth Sr. I hear around that they are going to close the road at 900 and I just want to know how much you know about that?

President Jerry Thompson asked, do you know anything about a road closing?

Director Weaver stated, I think Mr. Beasy needs to address that.

President Jerry Thompson stated, Terry would you care to answer that for him.

Terry Beasy stated, that is not part of this exception. This exception deals solely with the evaporator, it doesn’t deal with County Road 900, so that will be present in the next exception.

President Jerry Thompson stated, they have two consecutive exceptions sir and your concerns deals with the second one coming up. Anyone else? Carol any questions?

Carol Stradling stated, I don’t think so. It is all there. It really wont’ be a visible change from what is currently going on there.

Terry Beasy stated, no as you can see in the drawing the second phase of the evaporator sets behind the currently gastrulae electric plant and will be fueled with the exhaust heat coming off of the generators to set in the second 10,000 gallon per day unit. The existing unit, which is the first unit Phase I will be exactly where it is now and will not move any closer to the road. It will be tucked in basically the same area.

Carol Stradling asked, will there be any fumes, or noise, or any sort of that coming out of the building?

Terry Beasy stated, no the existing evaporator like I said has been in operation for 10 years. It is covered under an EPA title 5 Air permit. Therefore all of the materials and moisture removed comes up the air stack and it is subject to air testing and we have that data and it becomes part of the EPA Title 5 report which requires submissions. We must meet those clean air standards.

Carol Stradling asked, what kind of change would anybody see driving down the road?

Terry Beasy stated, they are going to see the great possibility of tanker trucks bringing in the liquid to be processed in the evaporator. You will not notice, you will notice the exhaust stacks that currently stand up on our generating plant that show no visible exhaust. Will be down when the evaporator is running because we will pull the exhaust from the generated through a vessel to cause the evaporation process. So you will see the rain flaps down when the evaporator is running. You will see no visible exhaust.

Carol Stradling asked, what happens to the wastewaters if they were not evaporated, where will it go?

Terry Beasy stated, typically some of the product streams that will be going into the Liberty evaporator are currently shipped by barge down the Mississippi River and burnt in a large stack off the coast of Texas, where they are transported to Montana and deep well injected, where they are passed through a waste water treatment plant that may or may not be effective on removing all of the constituents that it can take. Water has a tendency to be hard on a wastewater treatment plant. Our process like I said will remove the water yet suspend the oil and allow that oil to be reclaimed and sent in as used oil and recycled. There are other products aircraft deicer that we can take into the plant at Liberty we can remove the water back down to the ethylene glycanol that is an antifreeze that is used as an aircraft deicer. It can be filtered and reused, so we simply, when it is applied to the aircraft it comes new from the factory at a 50% solution. They water it down at the airport to a 5% solution where it is applied to the aircraft. It is then caught and reclaimed and it use to go to the Waste Water treatment plant, they don’t allow that anymore, we can actually take that collected material and remove the water from it. Filter it and send it back to the airport at a 50% solution to be ran through again. There are some other waste streams that have latex and we can actually take the worse water from a paint plant where they have cleaned up at the end of the day or change the color. We can remove the water leaving behind the latex solid waste which is latex once it is dry solid and enter it material. That material can then be land filled, so landfill can’t currently take liquid waste because it is prohibited by IDEM. Therefore, this holds merit in the fact that we can remove the liquid portion of the waste and take the residue that comes our that is solidified and landfill that in the landfill solving that problem. It will also allow some local businesses to reduce the amount of volume that they would produce and landfill what couldn’t be land filled before that may have been transported to an area for disposal. It reduces trucking costs which reduces overhead for some local manufactures as well.

President Jerry Thompson asked, Gary?

Gary Barbour asked, on the exhaust as far as the cleanness, how often is that checked. Who checks that?

Terry Beasy stated, that comes underneath our Title 5 Air permit. We do initial testing upon start up of any device that we start up. Anytime that any part of that apparatus is changed it must be re-monitored and it can be tested anytime. The EPA would like to come in put a sniff in the exhaust pipe there. It is an open door policy, they have the ability to test that at anytime they want to.

Gary Barbour stated, that is all I have.

President Jerry Thompson asked, Dave Scott?

David Scott stated, I don’t have anything.

President Jerry Thompson asked, Dave Stimmel?

David Stimmel stated, no.

President Jerry Thompson asked, any other discussion?

Without further discussion the board voted.

The Board finds the following:

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

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


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


4. That no objectors were present at the meeting.


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


6. That the request is for to keep the existing Special Exception #2404 for the Landfill in place and requesting to keep the evaporator on site and operational with potential expansions as needed.


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

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

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

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


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

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


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


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

7. That the special exception herein authorized and granted is not so typical or recurrent in nature as to make typical or recurrent the formulation of a general regulation under an amendment of the ordinance for the above said condition or situation of the above said specific piece of property, and the Board additionally finds that the above said special exception is based on the findings of fact so made that are required to be made under the provisions of Section 10.12 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorizes the above said special exception under the above said sections of the zoning ordinance.


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

****

#2478 Chambers Liberty Landfill, Inc., Owner; Waste Management of Indiana, LLC Applicant; The property is located in 7-28-2 on the NW SW 40.00 acres and the SW SW 40.00 acres, located East of Buffalo on the Northeast corner of State Road 16 and C.R. 900 E.

Violation: None

Request: They are requesting a Special Exception to allow for landfill expansion.

President Jerry Thompson stated, again Mr. Beasy?

Terry Beasy stated, I have a prepared statement that I would love to present to the board this evening. As I stated, earlier this year in the zoning meeting Liberty Landfill has 14 employees, 13 which live in White County, own homes, pay taxes, and have income property. Our impact on local businesses is substantial as we spend 1.3 million dollars in operating cost last year. That includes items such as stone for our roads, welding service, parts and supplies, wages. We have with us tonight several local business people who would like to see our operation continue. The board tonight is voting only on the special use exception that would make it possible for waste management to seek approval of the White County Government and if that support is available would start the permit process with IDEM. This process can take up to 5 years. As public meetings as well as drawings and engineering all go in to this process. Currently Liberty landfill has 8 to 11 years of landfill life left. We would like to stay with this community, an area that we are a part of. Liberty has donated some $70,000 this year alone in Community projects. Projects include Boy Scout camp, cleaning road liter, support and donations to several schools and conservation groups. This expansion has the potential of a $42 million impact for White County in tipping fees alone. These numbers are conservative and do not count fee increase as our current county host agreement. The real number maybe $10 to $12 million dollars higher. Would everyone who is in the room tonight here in support of Liberty landfill please raise your hands.

Attorney Altman stated, for the record I want to count the number of hands raised. (46 hands raised).

Terry Beasy stated, I also have brought for the board records this evening and there again I didn’t get copies. This is our closure funding, I would like it submitted as part of the record. You will see that if Waste Management was to walk away from Liberty Landfill today there is one number there for closure. That is the amount of money that it would take to cover the landfill and completely close it out. You will see another number that is for post closure care. That would go into making sure the gas system, the lechate collection systems and all of the vital systems that our operable under the IDEM permit would be operated through the post closure period. That number is at this point $13 million dollars that is in an insurance policy that dictates the inability of waste management to simple ignore Liberty landfill. That is revised on an annual basis if you will read the cover page of that document. Each year it is revised the larger the landfill becomes and more expensive dirt to cover the landfill or electric to operate pumps the more costly it becomes and the larger the dollar amount that is put in that post closure funding. Question about the county road this evening. We have indicated in some plans to the board our intent to try and close, with the permission of the White County Commissioners, County Road 900 E. We would anticipate closing that from the beginning of our property line at the North side to State Road 16. We would leave the Northern portion of that county road open so that property owners along that road who have agriculture ground have the ability to get to their property. We have also put in a statement in a letter that is continued into your package that states that if we are allowed to close County Road 900 for that half mile we would pave County Road 1000 W from the 900 – 1000 intersection to where it meets up with the chip and seal portion of the Boy Scout Camp Road or County Road 800. We would also facilitate the widening of County Road 1000 that runs from State Rd 16 to the White Oak Church. We would facilitate the widening and chip and seal of that road to allow residents in that area to have a chip and seal access to the highway with out going down a gravel road. All of the utilities that are along County Road 900 that we would potentially close we would re-route at our expense to facilitate that road closing.

President Jerry Thompson stated, okay.

Attorney Altman stated, just for the record the document that Mr. Beasy just gave to us we are marking it Exhibit A.

Terry Beasy stated, in continuance the drawing I see the board pulling out that have been in the mailing packet, you will notice they all say conceptual plans. The expansion area, the drainage control is conceptual, the base grades as well as the finders panel cutter. The reason all of these plans say conceptual is this is what we would potentially build, but we are dealing with yet another government agency which is IDEM. They have to approve everything that can be built. IDEM has setbacks that we must follow, they have a drainage, a 100 year flood plan that we must follow, they have the maximum height that they will allow the landfill to go, the maximum depth that we can start at the bottom. The grades on the base drainage systems and the final cover topography which shows it with dirt on top, all of those plans are subject to IDEM approval. So they are simply conceptual at this point to what it may very well look like depending on several things. The drainage plan must be put through the White County drainage board for approval prior to building without the drainage board approval IDEM will not grant the plans for expansion. The base grades and tiology of the underlining area must also meet IDEM criteria. Everything is subject to final approval by IDEM, we also understand that we must seek the local County Unit of government support in any expansion of the landfill and we would gladly present that to the White County Commissioners at their next meeting. They will be the individuals that would decide whether or not the county road can be closed. What we are here for tonight is simply the special use exception that would facilitate us being able to take that next step which would be to seek local unit government approval and begin the process.

Attorney Altman stated, if anyone wants to see a copy of the map I have one spread out here so you can look at.

President Jerry Thompson asked, do you have anything Diann?

Director Weaver stated, no I do not.

President Jerry Thompson stated, we have 3 or 4 things that need to be mentioned.

Attorney Altman stated, is going over the letters in the file. See file for all letters.

President Jerry Thompson stated, there are some documents here that need mentioned.

Attorney Altman stated, we have a document here captioned “Liberty Landfill Property Value Guarantee”, it is dated the 9th day of September 2005. Waste Management of Indiana LLC and Gregory and Diane Lawson. (See file for document.) Option to Purchase are also in the file.

Is that adjacent to your property?

Terry Beasy stated, yes it is directly north of the requested area for the special use exception and the Harold Lawson property is directly east.

Attorney Altman stated, thank you. (Still reading from the documents see file for all documents.) Do you want to explain what all of these are?

Terry Beasy stated, yes, those are options to purchase the property that is directly adjoining the proposed landfill expansion area. As well as a document proving to the board that we are protecting Gregory Lawson, who owns a home there, that the value of his home should he decide to sell and want to move. Indicating that we would purchase that home at a fair market value so that the presence of the landfill would not impact his ability to sell his home.

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

Teri Whitaker stated, I’m Teri Whitaker. What road are you exactly wanting to black top?

Terry Beasy stated, as far as.

Teri Whitaker stated, as far as the chip and seal. You said 1000 W and he said 1000 E.

Terry Beasy stated, it is actually the county road which is 1000 N I believe, it is directly.

Terry Beasy is drawing a map for Teri Whitaker at this time.

Teri Whitaker stated, okay, I have travel that road that he is talking about for 13 years now and no offense to you, he talked about how much money they have spent on clean up and all of that stuff, if they weren’t there, they wouldn’t be cleaning it up. If you have ever been by there on a windy day, the people around the place are the ones who get all of the garbage. So I commend you for cleaning it up, but it wouldn’t be there anyway. He is talking about closing a road that would put us 3 miles out of our way every day just to get to Monticello. He is talking about chip and sealing down above us, but what about the people who are behind the landfill that have to travel through that area to get to Monticello. He is going to reroute us and granted if you do 1000 that will help us, and get us directly to the highway. I want to know when he is going to close 900 and get the chip and seal done, is it going to be simultaneously or is he going to close 900 for a year and then black top and let us get out. You are talking about the price of fuel to drive around 6 miles a day just to get to town.

President Jerry Thompson stated, I think that is an issue that you would take to the County Commissioners when they present that to them.

Teri Whitaker stated, if you pass this, then it is done.

President Jerry Thompson stated, we can’t answer that. Not exactly.

Terry Beasy stated, I can explain, first of all the pickup that, the road cleaning that I was referring to was not in the landfill area. We actually did some extensive work along State Road 16 from Monon to Buffalo as well as from South of Reynolds all the way to Monticello on State Road 24. I understand that the blowing trash which is always an issue on a windy day, I don’t think for a moment that our customers that may include you would like for us not to pick up the trash at your house on a windy day. Our goal is to rapidly clean any mess that we create. The facilitation of the county road would be first of all subject to approval by the White County Commissioners. Our goal is to take care of our neighbors and not create problems. So we would facilitate the other two roads prior to the closing of County Road 900.

President Jerry Thompson stated, we don’t decide that here tonight.

Terry Beasy stated, that is correct.

Teri Whitaker stated, okay.

Carol Stradling asked, could you tell us where you live Teri?

Teri Whitaker stated, I live on 1000 E if you go straight down 1000 E from the highway, but in the wintertime.

Carol Stradling stated, 1000 N.

Teri Whitaker stated, no 1000 E and 1000 N cross right at the White Oaks Church.

Carol Stradling stated, okay.

Teri Whitaker stated, our way out is if you have ever been out there in the wintertime, they don’t plow 1000 E from the church up so it is nothing but a snow bank all the way across. 900 is really our only access out to the highway to get to town without going all the way around the block to stay on a black top road. It is our only access out.

Carol Stradling stated, so if they close 900 E., you will then take 1000 N.

Teri Whitaker stated, yes, we would have to go to the stop sign and instead of turning right and go to 900, we would have to turn left and go all the way to the end of the road and hit 16 in Headlee, come all the way back around to get to Monticello.

Carol Stradling asked, if they chip and seal first?

Teri Whitaker stated, we can go straight out right now it is not chip and seal and the county will not plow it. It is just a gravel road and it is nothing but, there is nothing but farm ground out there. There are only two houses on our road on 1000 E on the whole road so they kind of leave us out in the cold in the wintertime and you are talking about making us drive all the way around the block. At $2.00 a gallon at 6 miles is going to add up for both of us that work and have to leave the house everyday.

Terry Beasy stated, I can answer part of the reason why the snow plow, County Road 1000 which I’m sure you don’t travel because it is a 10’ wide road and you can not pass a car on it. Part of our proposal included the widening and chip and seal. Our goal is to make 1000 N as passable as 900 is. By widening the road and applying the chip and seal it will then be wide enough for snowplows can meet other traffic and they have indicated the interest in maintaining that road as they do 900 currently.

President Jerry Thompson asked, anyone else have a question or a comment?

Ron Roth Jr. stated, I’m Ron Roth Jr. I was just curious is they are still going to use that as access into the landfill or not from the end of the road.

Terry Beasy stated, no we don’t currently use 900 as an access for any way into the landfill. That road would is simply have a cul-de-sac put on our property, so if a car was to come down they would be able to turn around and exit that way. Our traffic will still come in off of our currently landfill entrance, that is where our scale house and intro-structure is and we don’t anticipate having another entrance off of the highway at this point.

President Jerry Thompson asked, anyone else? Dave Stimmel?

David Stimmel stated, no.

President Jerry Thompson stated, Dave Scott?

David Scott stated, no.

President Jerry Thompson asked, Gary?

Gary Barbour stated, no.

President Jerry Thompson asked, Carol?

Carol Stradling stated, it just dawned on me if you are leaving the scales on one side and no way in and it would just gradually grow over to that direction, the…

Terry Beasy stated, yes, you would weight in at the same location and cross part of property in the back in order to access the other side, so you will still use the same entrance, our disposal vehicles would go up and come back down into that proposed expansion area. We would still use our same entrance.

Carol Stradling stated, so it would have a continual….

Terry Beasy stated, landfill in front of it.

Carol Stradling stated, elevation.

Terry Beasy stated, yes.

President Jerry Thompson stated, yes, please come up.

Ron Roth Sr. stated, is Cass Township going to benefit financially with this deal?

Terry Beasy stated, we currently have a tipping fee and I believe what Mr. Roth is referring to is we have a host agreement with Cass Township. Currently we pay a tipping fee to Liberty Township and there has already been some dialogue and discussion started between Liberty Trustee and Cass Township Trustee. We anticipate putting together a tipping agreement with Cass Township and allowing them to see some financial benefit. Whether it will be as extensive as Liberty Township or not, the thought process is the vehicle traffic coming in must still come in Liberty Township even though the waste maybe disposed of in Cass Township. We understand that we are crossing a township line and therefore a township host agreement is in order. The Liberty Township may still receive a portion of what goes into Cass Township because of vehicle assess. Our intent is to be fair and forth coming with Cass Township in a tipping fee agreement.

Ron Roth Sr. stated, then you are telling me that you are going to start dumping garbage in Cass Township.

Terry Beasy stated, yes, it won’t be for approximately 5 to 7 years.

Ron Roth Sr. stated, it is already cut and dried.

Terry Beasy stated, it is not cut and dried until what this board decides.

Ron Roth Sr. stated, this board is the one who is going to decide.

Terry Beasy stated, they are going to decide our ability to apply with IDEM and the White County Commissioners to request a landfill expansion. Nothing is cut and dried at this point.

Carol Stradling stated, this is one step in the process. IDEM still has to approve it and the White County Commissioners still have to approve it.

Ron Roth Sr. stated, what are they going to do them are they going to approve it or disapprove it.

Carol Stradling stated, we have a special exception in front of us.

Ron Roth Sr. stated, yes.

Carol Stradling stated, our zoning ordinance requires or it explains that a landfill is appropriate in this area by special exception, but in order for a landfill to go any where in White County it needs to come before this board for a special exception. Then there are other processes, but this is one of the processes.

Ron Roth Sr. stated, I’ve got land right beside it and how come no one got a notice about this meeting, I heard it through the grapevine. Is there any regulation?

Director Weaver stated, we did mail notices out.

Ron Roth Sr. stated, sent out to people landowners.

President Jerry Thompson stated, it is the policy of the office to send them out.

Terry Beasy stated, basically what happens we have the option of the Lawson property which they would be the abutting neighbor, we do not own the Lawson property so the notice would have went to the Lawson’s and we still are not this gentlemen’s neighbor because we don’t own the Lawson property. The meeting was in the Monticello Herald Journal, the notice of the meeting was in the newspaper and I have a copy of that clipping.

Director Weaver stated, we have that also and there was a sign posted on the property.

Carol Stradling asked, Mr. Roth where do you live, to the East…

Ron Roth Sr. stated, I live on 1000 N. Do you know where Headlee is?

Carol Stradling stated, general idea.

(Showing Carol where Headlee is and where Mr. Roth lives.)

Without further discussion the board voted.

The Board finds the following:

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

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


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


4. That objectors were present at the meeting.


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


6. That the request is for Special Exception to allow for landfill expansion


The Northwest Quarter (1/4) of the Southwest Quarter (1/4) of Section Seven (7), Township Twenty-Eight (28) North, Range Two (2) West, in Cass Township, White County, Indiana.

Also: The Southwest Quarter (1/4) of the Southwest Quarter (1/4) of Section Seven (7), Township Twenty-eight (28) North, Range Two (2) West, in Cass Township, White County, Indiana.

COMMON DESCRIPTION: The property is located East of Buffalo on the Northeast corner of State Road 16 and County Road 900 E.


7. That the special exception herein authorized and granted is not so typical or recurrent in nature as to make typical or recurrent the formulation of a general regulation under an amendment of the ordinance for the above said condition or situation of the above said specific piece of property, and the Board additionally finds that the above said special exception is based on the findings of fact so made that are required to be made under the provisions of Section 10.12 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorizes the above said special exception under the above said sections of the zoning ordinance.


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


****

#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.

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

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

Attorney Altman stated, this is actually against the contractor.

Director Weaver stated, we have already acted on the request we did that at the last meeting. We did request, the board did ask me to request the contractor to be present at this evening’s meeting. I have done so and you have a copy of the letter that was sent. I have not had any correspondence with the Martin’s or the Contractor. I’m not aware of anyone here tonight.

Attorney Altman asked, is there a Mr. Penn here or the Martins’ here? The next step would be to give them service by the Sheriff.

President Jerry Thompson stated, I agree.

Attorney Altman stated, that would be the next meeting, is that appropriate.

President Jerry Thompson asked, do you want that in a motion?

Attorney Altman stated, yes.

David Stimmel stated, I move that we proceed with notice by the Sheriff on this matter.

Attorney Altman stated, this is the usual service.

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

David Scott stated, I will second it.

President Jerry Thompson stated, we have a motion and second. All in favor say “aye” and all opposed? Motion carried 5 to 0.

****

#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 and October 20, 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 asked, is there anyone here representing?

Rebecca Trent stated, good evening, I’m Rebecca Trent and I’m an attorney in White County here. I’m representing Mr. Uselton on his request for a special exception and I’m going to let him talk to you. I know some of the board members were here before and some were not and he will give a general idea of what he wants to do with the property. He and I will answer whatever questions you have.

President Jerry Thompson stated, all right, name?

Don Uselton stated, I’m Don Uselton. This is my 3rd time here. You folks tabled it once and I tabled it once. I’m doing my best to meet the regulations there are and requirements. I would like to answer any of your questions that you have you know the whole situation there.

President Jerry Thompson stated, first of all, Diann do you have anything?

Director Weaver stated, no I don’t believe so, other than there was some references made at the last meeting regarding the son’s special exception. I did send a copy of those minutes from that request. I didn’t know if the board members wanted to know what went on in that meeting.

President Jerry Thompson stated, these references, we…those are on record.

Director Weaver stated, yes.

President Jerry Thompson asked, were there any new ones?

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

President Jerry Thompson stated, okay so we don’t miss anyone.

Attorney Altman stated, Mr. Uselton it is my understanding that you modified your request and that you indicated that you would have no more than 4 dogs that you will be using as breeding stock and female breeding stock.

Don Uselton stated, that would be 5.

Attorney Altman stated, 5 dogs.

Don Uselton stated, yes, breeding females and 1 stud dog.

Attorney Altman stated, there would be females and 1 male dog that would be there. You also indicated that you would have two housedogs.

Don Uselton stated, we will have 6 total.

Attorney Altman stated, 6 total, okay. They would be in your lean to on the property.

Don Uselton stated, 4 of the dogs will be in the lean to in 6’ cages.

Attorney Altman asked, the other two would be housedogs?

Don Uselton stated, that is correct.

Attorney Altman stated, and there will be no boarding of any animals, it would only be for breeding of animals and selling pups.

Don Uselton stated, that is correct.

Attorney Altman stated, you would comply with all the rules and regulations and as anybody wold be required to that keeps a kennel such as this.

Don Uselton stated, absolutely yes.

Attorney Altman stated, I think that is all he said to modify his request.

President Jerry Thompson stated, any other comments before we ask the floor?

Rebecca Trent stated, no other comments.

President Jerry Thompson asked, anyone here care to address the matter either for or against? Carol any questions?

Carol Stradling asked, what kind of dogs are these?

Don Uselton stated, German Shepherds, 5 German Shepherds and I have a Doberman.

Carol Stradling stated, one of the support letters refers to a Rotweiller.

Don Uselton stated, no ma’am.

Ken Uselton stated, the support letters were in reference to the slanderous letter that was sent to this board against my dad and it was reference to how I ran my kennel which is adjoining Don Uselton’s kennel. It was a slanderous letter towards me, and the letters I got from several of my clients while I was there in support of how I ran my business to show that letter was untruthful. Obviously the individual who sent the slanderous letter in didn’t show up to back it up. I brought those letters to enforce the fact that I ran my business, I mean my dogs are what is important.

President Jerry Thompson stated, I believe we have those.

Carol Stradling asked, while you are there can you explain the separation between your business and your father’s business?

Ken Uselton stated, I moved from that property, I lived at 9229 S. 225 E it was adjoined by my dad’s property on two sides and I have moved from there, I moved to Frankfort now so I could expand my kennel and grow as a business. My dad showed an interest in getting into German shepherds and raising them. He has always loved them and we have had them as far back as I can remember had German shepherds. He wanted to get into the business to a little bit on his own. I told him I would support him anyway I could as far as my experience. Obviously I have been doing this for quite a while and I told my dad I would give him all the support that he needed as far as to handle the business, as far as anything from waste management to control the dogs. What is required as far as fencing and housing and all of that. So that is why I’m here basically in support of my dad and what is his right from what I know when I got my special exception. I was told that as long as we are within all of the requirements of a special exception then there is no other option from the board but to issue that, to grant it. That is why I’m here, I don’t have any interest in him getting a special exception other than supporting him.

Carol Stradling stated, so this is not on the same property that you had your special exception on?

Ken Uselton stated, no, this is the property right next door to mine, which sets a precedence to issue him one.

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

President Jerry Thompson stated, that is correct.

Ken Uselton stated, well…

Attorney Altman stated, that is the board.

Ken Uselton stated, that is what was stated when I got my special exception and is on part of the minutes of my meeting.

Attorney Altman stated, excuse me, I would just suggest it is legally up to the board to decide that question.

President Jerry Thompson asked, Carol anything else?

Carol Stradling asked, there is not currently a kennel in operation there? You don’t currently have enclosures for the dogs?

Don Uselton stated, yes I do, that is why I came asking for the special exception. I didn’t realize I had done anything, I had 4 dogs. The requirements for dogs are the same thing for cats. Can you image every barn in White County that doesn’t have 10 cats.

Carol Stradling stated, so you have 4 dogs?

Don Uselton stated, no I have 6.

Carol Stradling stated, you have 6.

Don Uselton stated, 4 in the kennel and 2 in the house. All I need is the exception for two, four are legal and 5 are not.

Carol Stradling stated, I did read through the minutes from your son’s special exception and that was the issue then how many dogs. How did this come to your attention that you were in violation? That you had to many?

Don Uselton stated, well by the time they said how many he had and he told me that. Then of course I was here with him when he applied for his license.

Carol Stradling asked, how long have you had the 6 dogs?

Don Uselton stated, 6 months, maybe 4 months.

Ken Uselton stated, 4 to 6 months.

Carol Stradling stated, you had 4 dogs until the last 6 months.

Don Uselton stated, I had two dogs until the last 6 months. We’ve done everything we can we bought noise reducers.

Carol Stradling asked, can you explain that a little?

Don Uselton stated, well we have, there is a whistle we put in with the dogs and they stop barking. When they start barking there is the high pitch whistle and it stops the barking. It makes the dogs pretty much uncomfortable is what it does, but I much whether they be uncomfortable instead of the neighbors.

Carol Stradling asked, can you explain the enclosures that you have the dogs in?

Don Uselton stated, the building itself is already there, an old goat barn with a 20’ x 40’ lean to. What I have done is placed a 20’ x 20’ cement floor in one half of the 20’ x 40 lean to and just put 4 cages on it, 5’ x 10’ cages. Then I had 19 acres that I exercise the dogs in that are enclosed with cattle panels, 52” cattle panels with hot wire across the top of it.

Carol Stradling asked, how often are the dogs exercised?

Don Uselton stated, every day, I do that, our neighbors leave for work at 7:00 and normally I’m out there at 8:00. I only exercise 2 at a time and you can image the hell that is raised by the two that are left in there. I do wait until after 8:00 so the neighbors are gone then.

Carol Stradling stated, that is all I have.

President Jerry Thompson asked, Gary anything?

Gary Barbour stated, no.

President Jerry Thompson asked, Dave Scott?

David Scott stated, I’m just curious when you breed these dogs and you have litters of pups and you keep them until they are weaned and they you sell them.

Don Uselton stated, normally they are gone by the time they are 4 months old. You can not always get rid of them by the time they are 4 months old and I have asked that I keep some of them until they are a year, but no more than that to keep from having to destroy them. They are not very expensive dogs. They are not junk dogs.

David Scott stated, if you had 4 liters of pups and you had 10 pups.

Don Uselton stated, then I would be looking for someone to give them to.

Ken Uselton stated, I can almost guarantee, right now I have a waiting list of over 20 people waiting from a dog from me. Okay I with my reputation and all of that I have plenty of clients that I can send to my dad to help him. I don’t have any puppies after 8 weeks. If I have anything after that it is just simple that someone can’t get to it. There is a high, high demand of dogs of this quality. Once Don gets going on this he’ll have a waiting list also of people waiting to get these pups because of their quality. I don’t think there is an issue at all at having puppies over, you know 4 months, I’ve never had that even from my first litter.

Don Uselton stated, I know what he is saying is fact, but I want to know, I’m just getting into this, I don’t have the clientele that he has and I don’t want to stand here and tell you lie, but that is why I’m asking for that. I’m sure I can get rid of the puppies if it comes to it, if you say no more than 4 months, I would give them away. I had 22 years in the military and I know what it means and what your word is. I know I have a temper and I apologize to guys for last month, but when I think I’m getting my butt kicked for no reason it kind of irritates me.

President Jerry Thompson asked, Dave Scott anything else?

David Scott stated, no.

President Jerry Thompson asked, Dave Stimmel?

David Stimmel stated, nothing.

Director Weaver stated, I do have a note from the minutes of last month that this special exception was to stay with this owner only.

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 A-1, Agricultural.


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


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


4. That 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 special exception as per section 10.20, Article 10.2001 of the White County Zoning Ordinance to place a kennel on the property.


A tract of land located in the Northeast quarter of the Northwest quarter of section 13, township 25 North, Range 4 West, Prairie Township, White County, Indiana, described by:

Commencing at the Southwest corner of the Northeast quarter of the northwest quarter of said section 12; thence North along the fractional section line and centerline of White County Road 225 East a distance 287.00 feet to the point of beginning; thence North along the fraction section line and the centerline of County Road 225 East a distance of 402.29 feet; thence South 87 degrees 03 minutes East a distance of 347.07 feet to an iron pipe set by a Wood corner Post; thence South 00 degrees 14 minutes 44 seconds West along the existing fence line a distance of 402.19 feet to an iron pipe set by a wood corner post; thence North 87 degrees 03 minutes 07 seconds West along an existing fence line a distance of 345.34 feet to the point of beginning containing 3.192 acres.

COMMON DESCRIPTION: The property is located at 9171 S. 225 E., Brookston.


7. That the special exception herein authorized and granted is not so typical or recurrent in nature as to make typical or recurrent the formulation of a general regulation under an amendment of the ordinance for the above said condition or situation of the above said specific piece of property, and the Board additionally finds that the above said special exception is based on the findings of fact so made that are required to be made under the provisions of Section 10.12 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorizes the above said special exception under the above said sections of the zoning ordinance.


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


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

****

#2471 Thomas E. & Kimberly A. Fletcher; The property is on Lots 1 & 2 in Pleasant Valley Addition, located south of the Airport at 2407 S. Pleasant Valley Court.

Violation: None

Request: They are requesting a 28’ front setback to build an addition on the front and to bring the existing home into compliance.

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

Thomas Fletcher stated, Tom Fletcher.

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

Tom Fletcher stated, that is all we want to do is build an addition on the front of the house.

President Jerry Thompson asked, Diann anything?

Director Weaver stated, I have a correct to make. When he came in and filed the request when I looked at the survey I thought the garage was attached. The garage is detached, therefore he does not need a rear setback variance. The detached garage is in compliance.

President Jerry Thompson asked, anything else Diann?

Director Weaver stated, no.

President Jerry Thompson asked, Jerry anything?

Attorney Altman stated, this is on the sewer system.

Tom Fletcher stated, yes it is.

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

Carol Stradling stated, no.

President Jerry Thompson asked, Gary Barbour?

Gary Barbour 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 28’ front setback to build an addition on the front and to bring the existing home into compliance.

Lots numbered One (1) and Two (2) in Pleasant Valley Addition in Union Township, White County, Indiana.

COMMON DESCRIPTION: The property is located South of the Airport at 2407 S. Pleasant Valley Court.


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


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


****

#2472 Tadd C. & Susette Maudlin; The property is located on Part NW NE 28-28-3 on 0.27 of an acre, located North of Monticello at 5570 E. Lake Rd 74 E.

Violation: None

Request: They are requesting a 21’ front setback variance, a 4’ South side setback variance, and a 5’ North side setback variance to build a new home.

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

Tadd Maudlin stated, I’m Tadd Maudlin.

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

Tadd Maudlin stated, no.

President Jerry Thompson asked, Diann?

Director Weaver stated, nothing.

President Jerry Thompson asked, Jerry?

Attorney Altman asked, is this on the sewer system?

Tadd Maudlin stated, phase II.

Attorney Altman asked, do you know when that will be?

Tadd Maudlin stated, I heard the first of the year.

Attorney Altman stated, so when Phase II comes through it will be on the sewer system.

Tadd Maudlin stated, there is currently a grinder there, so yes.

Attorney Altman stated, I understand, it isn’t shown on the survey. Single story home.

Tadd Maudlin stated, 1 ½ story.

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

Dave Stimmel?

David Stimmel stated, I’m just curious about who is on either side of you. It really isn’t clear what is on the sides, the other homes.

Tadd Maudlin stated, I have another survey that shows more of the adjoining land if you want to take a look at it.

Attorney Altman stated, we will keep that, but we will give you a copy of it.

(Currently looking at the survey.)

David Stimmel stated, what was unclear was what was on what side of the properties.

Director Weaver stated, I understand that.

Carol Stradling stated, I don’t. I understand where the question is coming from.

David Stimmel stated, if you look at the picture at the top right.

Attorney Altman asked, what photo are you addressing?

Carol Stradling stated, this doesn’t show any encroachment.

Tadd Maudlin stated, you are right, there is a discrepancy between Milligan and RW Gross. This shows the new house with the off sets here.

Carol Stradling stated, this also shows that, oh this is an encroachment, but this is not on this the Milligan survey.

Tadd Maudlin stated, they show the house to be removed and this solid line doesn’t appear to be in the right place.

Carol Stradling stated, so that would be the problem. Okay.

Tadd Maudlin stated, the difference between RW Gross and this one would be I know I can see the line, this is encroached.

Gary Barbour stated, they are not showing the steps and the deck on that one is all. This one here they are, the steps are encroaching.

Carol Stradling stated, the corner of the existing house actually is right on the property line and that is not shown either. So the existing house is just in the wrong spot?

Tadd Maudlin stated, I believe so.

Carol Stradling stated, the Milligan survey would indicate that the corner of your new home would be 4’ off of the property line and.

Tadd Maudlin stated, the deck would be 4’ and the house..

Carol Stradling stated, I’m looking at this point right here it would be 1.4’ right there.

Tadd Maudlin stated, that is the old house, yes.

Carol Stradling stated, so this is the old house?

Tadd Maudlin stated, yes.

Gary Barbour stated, Milligan is showing the new house being 4’, he just is not showing the deck or the steps.

Carol Stradling stated, I was not seeing this as the old house. Would the old house and the cottage or the new house and the cottage will be connected with a deck?

Tadd Maudlin stated, with a deck.

Carol Stradling stated, not with a porch or.

Tadd Maudlin stated, no, not covered.

Carol Stradling asked, what is this?

Tadd Maudlin stated, that is the guess house.

Carol Stradling stated, the guess house and nothing has changed with that.

Tadd Maudlin stated, no.

Director Weaver stated, he has discussed the guess house with me and does understand that it can not have a kitchen. That is a requirement of a guess house that it can not have a kitchen. He is aware of that.

Gary Barbour asked, can it be rented?

Director Weaver stated, I don’t believe so. No a non-paying guesthouse or rooms for guests within an “accessory building”, if those facilities are used for the occasional housing of guests or occupants of the principal building and not for permanent occupancy by others as housekeeping units.

President Jerry Thompson asked, anything else 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.

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 21’ front setback variance, a 4’ South side setback variance, and a 5’ North side setback variance to build a new home.


Range 3 West in Liberty Township, White County, Indiana described by:

Commencing at the Southeast corner of the Northwest Quarter of the Northeast Quarter of the above said Section 28; thence West along the south line of said quarter quarter 807.00 feet to the point of beginning; thence West 165.00 feet to the Northern Indiana Public Service Company line; thence North 47 degrees 00 minutes West along said line 87.96 feet; thence East 227.93 feet; thence South 01 degrees 20 minutes East 60.00 feet to the point of beginning, containing 0.27 of an acre, more or less.

COMMON DESCRIPTION: The property is located North of Monticello at 5570 E. Lake Road 74 E.


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.

****

#2473 Cynthia Fulk, Donald Fulk & Matthew Fulk; The property is located Out W NE 32-38-3 on .091 of an acre (Known as Lot 3), located North of Lowe’s Bridge at 5853 N. Lake Road 52 W.

Violation: None

Request: They are requesting a 12’ front setback variance, a 5’ east side setback variance and a 5’ west side setback variance to build a new home.

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

Cynthia Fulk stated, I’m Cynthia Fulk.

President Jerry Thompson stated, okay. The floor is yours if you had anything else other than what I read.

Cynthia Fulk stated, no I think you have all of the information that you need. We really hoping that this works out. We want to move down here, so we need more room than what we have.

President Jerry Thompson asked, Diann?

Director Weaver stated, no I don’t believe I have anything.

President Jerry Thompson asked, Jerry?

Attorney Altman asked, is this on the sewer system?

Cynthia Fulk stated, the grinder box is there and they are not hooked up and won’t be hooked up until after the first of the year.

Attorney Altman asked, so this will be hooked up?

Cynthia Fulk stated, yes.

Attorney Altman asked, before this project is completed?

Cynthia Fulk stated, yes.

President Jerry Thompson asked, anyone care to speak for this variance?

Mary Poulsen stated, I’m Mary Poulsen, we are the neighbors to the Northeast. We own the house to the Northeast. Here is I have a survey here.

Attorney Altman stated, we have a survey.

Mary Poulsen stated, this is the three of them together, the three lots. I also have a question or concerns. You can see their lot is the one next to the blue dot and it goes to 40’ to 30 and ours is 40 and the next one. These are very small lots and our biggest concern is we have, this is a photo you can pass around, in between the two homes.

President Jerry Thompson stated, we will keep the pictures.

Mary Poulsen stated, yes that is fine. This is between the homes and right now they have a patio that part is going to be a part of the home once it is built. Our concerns is we haven’t seen any plans and we’d like to know because we can’t have anyone look at this to see how it will affect our property. We haven’t seen any plans and we don’t have in between our property as you can see that is where our current. We showed this to an architect and they want to know where the doors are. We want to see a plan so we can see how it will affect our property because it is very close. We also have, height and also the grinder is, at first we thought it was an individual grinder, but now found out it is a shared one. Unfortunately they put it all on our property which we are dealing with another issue, but our concern is with construction and the hook up and how this affects our septic and all the timing with that. We would like a better idea of what their actual plan is what their timing is so we can see how it will affect if any our property because they are so close.

Cynthia Fulk stated, I don’t know what exactly want to see.

Mary Poulsen stated, well we want to see a copy of the plans and then construction time table so we can show it to someone to see because we’ve been talking to the grinder people which I said is another issue we are dealing with now. We’ve been talking to them and they don’t know exactly when the hook up is taking place and we said how this effects.

Cynthia Fulk stated, I was just going by the letter that we received.

Mary Poulsen stated, they said sometime after March, but they said you can apply for the permit in December and our concern I don’t know when you are planing on tearing down the house and if we still have the septic and the leach bed in front. If just knew more exactly what you are planning I can see how it fits.

Cynthia Fulk stated, we are hoping to tear down like very, very earlier spring.

Mary Poulsen stated, well I don’t know the grinder to that would be hooked up sometime in March , so since our septic is in between the two houses and how that affects the leach bed in front and any tractors or anything on the property to haul away things. I think we would have a better idea or a comfort level if a variance is approved if we knew what was going on and how it was going to affect our property.

Director Weaver stated, I’ve looked at one of the survey. We have two variances requested on this same short piece of properties. Are you in between these two requests?

Mary Poulsen stated, yes.

Director Weaver stated, okay they are both on the same piece of property or I mean the same road. One you are hearing tonight and one you have on your agenda for Tuesday night. Evidently she is located in between the two. I thought the board should now that so you are aware of the whole situation.

Attorney Altman stated, so she is the house on the survey that is nearly encroaching on this lot to the Northeast.

Director Weaver stated, right.

Attorney Altman stated, so the one to the North we have a variance coming in next Tuesday, again just for the record. We have accepted the photos in as exhibit A. We heard her ask for a copy of your plan, do you have a copy so you can show her that.

Cynthia Fulk stated, yes.

Attorney Altman stated, would it be better if we continued this so you can talk about it for a month and you can come back in December. Since you are talking about not doing this until March or April.

Mary Poulsen stated, I would just feel comfortable showing it to someone who has or is an expert in this field. I don’t know because there is already an electric line moved and it. Because these properties are so small I would really like to see how what impact this will have there are other things to and I’m not saying that this is going to prevent it from happening, but there are other things to take into consideration. These are very small cottages presently, they don’t have air conditioning, they depend on the lake breeze and access.

Cynthia Fulk stated, we have air conditioning.

Mary Poulsen stated, well we don’t you do. They were 3 cottages, so that is my concern, I want to see the timetable of everything and if I have a copy of the plans I can have someone review it.

President Jerry Thompson stated, okay. Would you care?

Cynthia Fulk stated, I really had hoped that we can get this taken care of, I wish you would have called me.

Mary Poulsen stated, well we just got the letter. We didn’t even know how this thing came up and then we got the letter earlier this week. We were blind-sided by all of this. We knew it was going to happen they did tell us that they were going to tear their house down and build something else. The neighbors to the other side did say they were considering putting on an addition and we did know that, beyond that we knew nothing. Then all of a sudden to get this notice and our concern is if this variance is granted we don’t have any kind of impute.

President Jerry Thompson stated, if we table this whether it be the board or you ma’am you are looking at the 15th of December.

Cynthia Fulk stated, that is not a good time for me, we are going to be leaving to go to North Carolina. That really won’t be good for us.

President Jerry Thompson stated, it would be pretty tough to pass or vote on with conditions.

Attorney Altman stated, very tough.

David Stimmel stated, Diann I have a question. The survey that she showed us that she just handed out shows the property or the houses off to the southwest, the one she just gave you that shows the house is off the property line by several feet and the Milligan survey shows it is abutting the property line. I’m just curious about that little discrepancy what is accurate?

Director Weaver stated, I cannot answer that question, I can’t tell you.

Gary Barbour stated, the total length of the houses don’t match up either they one is present shows the houses being 42’ long and the Milligan survey has it being 43’ long.

Cynthia Fulk stated, we are getting another survey it should be 2 weeks.

Carol Stradling asked, where did your survey come from?

Mary Poulsen stated, from our deed when we purchased it in 1989.

Attorney Altman asked, do you know who the survey was?

Mary Poulsen stated, I thought it was Milligan.

Director Weaver stated, looking at the survey from pass experience it appears to me that it might be Dennis Sterrett survey. Is that possible that it could be Dennis Sterrett?

Mary Poulsen stated, it could be, but Milligan is doing one and he said we would have that in 2 weeks.

President Jerry Thompson stated, okay what is the board’s wishes. What is your choose in this matter, I’m opening this up to you or the board to make a decision.

Cynthia Fulk stated, this is a first for me, I have never had to do this before so I really don’t know what would be required of us, I can understand them wanting more information if that is what they need. They did know we were going to do this, you could have called me and Jim was there we were there and he knew by the sign when the variance meeting was, I mean you could have called me.

Mary Poulsen stated, I didn’t get the letter, I didn’t know what you were doing.

Cynthia Fulk stated, well the variance sign was on the property.

Mary Poulsen stated, I didn’t know about the electrical pole being put on there, I didn’t know about the grinder being put on our property.

Cynthia Fulk stated, the electric pole is not on your property.

Mary Poulsen stated, it is on the line.

Cynthia Fulk stated, we did have to move that.

Carol Stradling asked, have you seen the survey that we have?

Mary Poulsen stated, it is on the back of the letter and we did have an architect friend look at it and couldn’t tell how this would impact anything because there was no doors

Cynthia Fulk asked, how are you going to be able to do that without…

Mary Poulsen stated, we want to know where the doors are, how high it is? It shows somewhat close the patio is going to be enclosed as opposed to open. One of the concerns we had was that in between where our septic is it is already have issues because we had a tree fall down, we called the insurance company they sent someone out because we can’t get there by land. It made us think to that we have it is open all though we can’t drive through it and no one can drive through there it is a carport, if they enclose it what else does that do. How else does it affect our property. We want a chance to review it and get a copy of the plans and the construction timetable.

President Jerry Thompson stated, board what are your wishes?

David Stimmel stated, I just want to make a couple of observations. One is the proposed house to me is in side the existing carport.

Carol Stradling stated, that is what it looks like to me. It has a smaller footprint.

David Stimmel stated, has a small foot print on the Northeast side, it also has a smaller foot print on the Southeast side by…

Carol Stradling stated, it will be set farther North.

David Stimmel stated, set farther North. There is a discrepancy I the surveys. I guess the survey I would this is unsolicited this may be accurate or may not be accurate but I would rather go with this one and just go ahead and vote I guess. I think we have enough information.

David Scott stated, the problem I see is do you know where the septic system is. Is it in the front or the back?

Mary Poulsen stated, the septic is in between the two houses and the leach is on the lakeside.

David Scott stated, so the construction wouldn’t affect the leach bed.

Carol Stradling stated, the point also is if something were to happen with the leach bed there would be no way to get to it.

David Scott asked, are you adding bedrooms and stuff like that?

Cynthia Fulk stated, there will be.

David Scott asked, did you, they size the septic and you are not on the system and I hate to.

Cynthia Fulk stated, we were going to hook up to the old house then re-hook up. That is why we want to tear down the existing structure.

David Stimmel asked, you said there is no access to the front?

Carol Stradling stated, yes, I guess to her property there is through the carport, but to your property there wasn’t, but according to the survey we were provided by Milligan your house is directly on the property line. This survey you presented there some space.

Mary Poulsen stated, that is why I want a more accurate survey that is why we contracted with Milligan to get us one.

Cynthia Fulk stated, this is one he just did, so.

Carol Stradling stated, Dave’s point is, it is actually going to be more compliant than the existing home.

David Stimmel stated, yes, if that is possible in this situation. Is it one story or story in a half?

Cynthia Fulk stated, it is 1 story.

Gary Barbour asked, is this porch staying or is it coming out?

Cynthia Fulk stated, everything is being taken down to a bare lot. The whole entire house, porches, everything is being taken down, being removed.

President Jerry Thompson stated, Dave Stimmel you said earlier that you had enough information for yourself.

David Stimmel stated, yes, I do.

President Jerry Thompson asked, what is the rest of the board’s wishes? Are you satisfied or do you want more information or proceed?

Carol Stradling stated, I’m concerned about the differences in the survey, but you can’t get a lot closer than the survey that was presented with what she has shown us is actually farther than what she has.

President Jerry Thompson stated, Gary your thoughts?

Gary Barbour stated, I’m in agreement with Dave.

President Jerry Thompson asked, Dave Scott?

David Scott stated, I’m a little bit in disagreement. I’m not in favor of construction beginning without being hooked to the new sewer system.

Attorney Altman stated, I guess I would just point out that you are probably faced with the same decision Tuesday, so.

David Scott stated, right that is a good point.

Gary Barbour stated, they would have to have it approved by the Health Department to hook up to the existing septic?

Director Weaver stated, yes.

Gary Barbour stated, if they can’t hook up to the sewer they can’t take occupancy of the house anyway.

Director Weaver stated, the building inspector has been putting conditions on situations like this, that the home can not be occupied until it is hooked up to the sewers.

Mary Poulsen stated, because the grinder was placed, we had thought it was a grinder servicing our home only, and then we found out after it was put in it is servicing both homes. It is completely on our property 100% so we can not add on, we can not do anything to our property to increase its value to even just to even improve on it in any way shape or form. That is what our issue is with the grinder system that is there now. We are going before the board on December 6 to see if anything can be done about that. It is a shared and everything is on our property and it will lesson the value of our property when we have two new home on either side or a new home and an improved home and we aren’t allowed to do anything to our home. We are going before the board and if it is shared and if we have to, I know there are a lot of issues we have to decide. There is the possibility it could still be on both our properties.

Cynthia Fulk stated, that is something that neither one of us had any control over like where it went in.

David Stimmel stated, it is not an issue with this board.

President Jerry Thompson stated, okay back to the original question? Carol do you want to act on it tonight or want some time on this?

David Scott stated, it really is unfortunate that these properties are so close to each other, it really creates.

Mary Poulsen stated, my I make a suggestion that we have a couple of weeks or a month just to at least talk to our neighbors and get some information from them and to try and resolve something.

Cynthia Fulk stated, I don’t know how much more information you would really need. This shows you exactly our existing structure and what is going to be there. This is the lay out of what it will be.

Carol Stradling stated, a 5’ side setback on one side, but she is also asking 5’ on both sides for a total of 10’.

Attorney Altman stated, either a motion to continue or motion for the question.

Carol Stradling stated, I guess this is the prime opportunity to see what is going in around and if it is time to change what is there.

President Jerry Thompson asked, do you want to postpone this as well Carol?

Carol Stradling stated, I think I’m leaning that direction.

David Scott stated, I don’t know what is going to change.

Carol Stradling stated, I don’t.

David Scott stated besides this lady having time to see what is going to happen.

Mary Poulsen stated, the carport even though it is going to be solid, right now it is a carport it is not a solid structure.

President Jerry Thompson stated, entertain a motion to proceed or to table it. Let’s act one way or the other.

David Stimmel stated, move we proceed to vote.

President Jerry Thompson asked, is there a second to that?

Gary Barbour stated, I will second it.

President Jerry Thompson stated, we have a motion and a second. All in favor signify by saying “aye” and all opposed. Motion carried 3 to 2.

Without further discussion the board voted.

The Board finds the following:

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


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


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


4. That objectors were present at the meeting.


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


6. That the request is for 12’ front setback variance, a 5’ east side setback variance and a 5’ west side setback variance to build a new home.

A tract of land in the North Half of the Northeast Quarter of Section 32, Township 28 North, Range 3 West, Monon Township, White County, Indiana, described as follows to wit:

Beginning Seven Hundred Ninety-nine (799) feet West; thence South Two (2) degrees East Seven Hundred Fifty-Seven (757) feet and thence North Fifty-Two (52) degrees East ten (10) feet of the Northeast corner of Section (32), Township 28 North, Range 3 West in Monon Township, White County, Indiana. This point being the Northwest corner of Lot No 3 in Tucker’s Camp, Thence South Thirty (30) degrees East One Hundred Fourteen (114) feet to the Northern Indiana Electric Power Company Line: Thence North Fifty-Three (53) degrees East Forty (40) feet following the Northern Indiana Electric Power Company Line; thence North Thirty-five (35) degrees West One Hundred Fifteen (115) feet; thence South Fifty-Two (52) degrees West Thirty (30) feet to the point of beginning. Containing .091 acres, more or less, known as Lot No. 3.

COMMON DESCRIPTION: The property is located North of Lowe’s Bridge at 5853 N. Lake Road 52 W.


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 and you do have to have it hooked to the sewer before you move in.


****

#2474 Russell E. & Connie L. Newland; The property is on Lot 7 in Sterner Acres Subdivision, in the Town of Chalmers at 202 W. Walnut Street.

Violation: None

Request: They are requesting a 10’ front setback variance to build a roofed porch on the front and to bring the existing home into compliance with the subdivision setbacks.

President Jerry Thompson asked, my copy shows no violations, but that is not correct?

Director Weaver stated, that is right. What you are saying is correct, there is a violation on this, there is a shed on the property that has been built and it is not meeting the setback requirements. There was no permit found for this shed.

President Jerry Thompson stated, okay. Is there anyone here representing the Newlands?

Doug Barnard stated, I’m Doug Barnard with Barnard Construction the builder for the new addition. Mr. & Mrs. Newland are both here.

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

Doug Barnard stated, I’m not real sure about what just came up there about being out of compliance currently with the existing shed. I know it was there when they purchased the property. Whether was a permit or not, no one has any idea on our end.

Director Weaver stated, that is correct it was put in prior to the Newland’s owning it.

Doug Barnard stated, there is a little subdivision there on Chalmers road and I guess that subdivision has a little more strict setback than the ordinance so in order to put a covered porch over the existing concrete.

President Jerry Thompson stated, so what do we do about the building.

Carol Stradling asked, can it be moved?

Doug Barnard asked, that shed is a permanent fix isn’t it?

Russell Newland stated, no it is not a permanent, it can be moved.

Director Weaver stated, that building was put in according to the Assessor’s office in 1999.

President Jerry Thompson stated, well lets deal with the request then the building second.

Anyone here care to speak either for or against? Dave Stimmel?

David Stimmel stated, you said that the setback for the subdivision is different than the county ordinance.

Doug Barnard stated, yes.

David Stimmel stated, is that common.

Director Weaver stated, more restrictive.

Doug Barnard stated, more restrictive.

Director Weaver stated, this subdivision requires a 40’ front setback.

David Stimmel stated, I guess my question is, is this the right place to a leave from that or is that just.

Doug Barnard stated, no we are matching the neighbor.

David Stimmel stated, okay. I’ll let that go.

Gary Barbour stated, you are doing what the neighbors have done, you are not enclosing it or anything.

Doug Barnard stated, exactly.

Carol Stradling stated, the neighbor to the West?

Doug Barnard stated, yes.

President Jerry Thompson stated, there is no one to the East.

Doug Barnard stated, there is at least 10’ to the property line so you are still a good 40’ back from the road.

David Scott stated, who enforces the subdivision.

Doug Barnard stated, Area Plan and Dave Anderson.

David Scott stated, as a rule we don’t enforce a subdivision’s covenant do we?

Director Weaver stated, if the setbacks were platted, if it was under platted under Area Plans jurisdiction then yes.

David Scott stated, oh okay.

Director Weaver stated, it was platted with 40’ setbacks so yes.

David Stimmel stated, that is what I was trying to get to.

Director Weaver stated, if it was platted prior to Area plan then it did not go through the Area Plan then we don’t.

Doug Barnard stated, Diann found it is the only reason we were aware of it. I don’t think it was disclosed to the Newlands when they purchased the property.

Director Weaver stated, just to add they have a 25’ setback to the East side because there is a unplatted road there, not unplatted, but unimproved. I would like to clarify to that on the survey it shows that the proposed porch, but the concrete is already there. Where it says there is a stoop, the stoop is gone and I know the concrete has been there for a while.

Doug Barnard stated, we are putting a roof over the concrete.

Director Weaver stated, there is also a large deck on the back.

Carol Stradling stated, that is not showing.

Director Weaver stated, no and I don’t know why, I noticed it when I went out to the property. There is a deck on the back and I wanted to clarify that to the board.

President Jerry Thompson asked, Carol anything?

Carol Stradling asked, does everything else on the survey look right Doug?

Doug Barnard stated, to the best of my knowledge but you understand that. I have not found, I found the front property pins, as far as the side and the back to do a quick sketch. We originally filed and we are trying to make the porch fit and then we realized the subdivision was more restricted then we had to get a survey anyway.

Carol Stradling stated, this will never be an enclosed porch, this is just something so you can get out of the weather as you open the door.

President Jerry Thompson asked, anything else Carol?

Carol Stradling stated, no.

President Jerry Thompson asked, Gary Barbour?

Gary Barbour 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 R-2, One and Two Family Residential.


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


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


4. That no objectors were present at the meeting.


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


6. That the request is for a 10’ front setback variance to build a roofed porch on the front and to bring the existing home into compliance with the subdivision setbacks.

Lot Number Seven (7) in Sterner Acres Subdivision in the Town of Chalmers, White County, Indiana, as recorded in Plat Book 3 page 27 in the Office of the Recorder of White County, Indiana.

COMMON DESCRIPTION: The property is located in Chalmers at 202 W. Walnut 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.


President Jerry Thompson stated, now the utility shed.


David Scott stated, I will make a motion that if he moves the shed into compliance 5’ off of the property line that we waive the fine.


Doug Barnard stated, is that from the eave?


Director Weaver stated, yes.


Doug Barnard stated, they have no problem doing that and lining it up with the garage.


David Scott stated, the other thing is the deck. Do they need to get a permit for that?


Attorney Altman stated, there is a deck on there.


David Scott stated, in order to be taxed or what.


Director Weaver stated, the deck is already being taxed. There was no permit, but I do think it is on the assessor’s card if I remember right.


David Scott asked, the deck was there when they bought the house?


Doug Barnard stated, the deck was built with the house originally.


Director Weaver stated, I have that the deck was built in 1999.


David Scott stated, if they move the barn to meet the setbacks that we waive the fine and give them… How long do you need?


Doug Barnard stated, we will do it when we build the porch and it depends on how warm.


David Scott stated, 6 months is what I would say. That is my motion.


David Stimmel stated, I will second it.


President Jerry Thompson stated, moved and seconded, all in favor say “aye” and all opposed?

Motion was carried 5 to 0.


****

#2475 Scott Willoughby & Jacquelyn Pearson; The property is located on Part NW NE 7-25-5 on 1.240 Acres, located West of I-65 and East of U.S. 231 at 8125 S. 850 W.


Violation: None

Request: They are requesting a 93’ rear setback variance to build a breezeway and an attached garage.

President Jerry Thompson asked, anyone here representing this?

Scott Willoughby stated, I’m Scott Willoughby.

President Jerry Thompson asked, do you have any additional information you would like to add?

Scott Willoughby stated, no.

President Jerry Thompson asked, Diann?

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

President Jerry Thompson asked, Jerry?

Attorney Altman stated, I don’t think so.

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

Dave Scott?

David Scott stated, it appears to be all agriculture around this property.

Scott Willoughby stated, yes.

David Scott asked, what is the dotted line on the survey?

Director Weaver stated, he purchased additional ground from the adjoiner to build this addition. That is the division from what he had and what he purchased.

David Stimmel asked, Scott how do you access this?

Scott Willoughby stated, from 850 W.

Director Weaver stated, from the West, that survey is deceiving.

Several answered yes.

David Stimmel stated, there is a pole barn over here. Who owns that property?

Robert Leader stated, I do.

President Jerry Thompson asked, Gary anything?

Gary Barbour stated, no.

President Jerry Thompson asked, Carol anything?

Carol Stradling stated, so the property you purchased was a parcel of farm ground.

Scott Willoughby stated, yes.

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 A-1, Agricultural.


2. That the lot is a lot of record and properly divided.



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 93’ rear setback variance to build a breezeway and an attached garage.


That part of the Northwest Quarter of the Northeast Quarter of Section 7, Township 25 North, Range 5 West, 2nd Principal Meridian, Round Ground Township, White County, Indiana described by:

Commencing at a railroad spike found at the North Quarter Corner of said Section 7; thence South 01 degree 02 minutes 56 seconds East (Indiana State Plane Coordinate System) along CR 850W and the North/South Quarter section line 541.44 feet to a railroad spike found at the point of beginning;

thence South 88 degrees 44 minutes 08 seconds East 380.01 feet; thence South 01 degree 13 minutes 58 seconds East 134.27 feet; thence South 88 degrees 54 minutes 04 seconds West 380.00 feet to a railroad spike found on the North/South Quarter section line; thence North 01 degree 02 minutes 56 seconds West along CR 850W and the North/South Quarter section line 150.00 feet to the point of beginning, said described tract containing 1.240 acres, more or less.

COMMON DESCRIPTION: The property is located West of I-65 and East of U.S. 231 at 8125 S. 850 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 5 affirmative and 0 negative.


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


****

#2476 Ronald N. & Rochelle J. Halsen Trustees; The property is on Lot 10 in Lakeview Addition, located Northeast of Monticello at 4840 E. Pinecone Lane.

Violation: None

Request: They are requesting a 5.5’ (from eave) side setback variance to build a second story and a room addition to the existing home.

President Jerry Thompson asked, and sir you are?

Ron Halsen stated, I’m Ron Halsen Sr.

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

Ron Halsen stated, no this is pretty self-explanatory. We talked to Diann quite a bit on what we want to do and everything should be in the packet.

President Jerry Thompson asked, Diann?

Director Weaver stated, I just wanted to point out in the pictures it might be confusing the house to the Northwest of theirs has been torn down. When you look at the pictures the foundation of that home is in the pictures. Are they going to rebuild there?

Ron Halsen stated, they have plans, I don’t know exactly what they are going to do. This is one thing that should be in the permit.


President Jerry Thompson asked, anything else Jerry?

Attorney Altman stated, are you on the sewer system?

Ron Halsen stated, we will be after March 1, we have a double between our house and the house that was torn down. It is like the situation back here it is kind of on our property, but to help the neighbor out other wise they would have had to have ejector pumps to get the stuff out.

Attorney Altman stated, the same conditions would be on this that it has to be hooked up before you can occupy it.

Ron Halsen stated, yes, you can see the letter for the septic. According to the drawing we were told to go the maximum because if we wanted extra we would have to come back for a permit so I’ve talked to both neighbors, one said don’t worry about it, one was concerned because of the visual. We probably will do what we have to do you get to a certain point in life you only need so much room.

Director Weaver stated, I did for get to mention we did have a phone call from the neighbor and stated he was against the request, but we did not receive anything in writing and he is not here.

Ron Halsen stated, I’ve talked to him, I’ve know him for 40 or 50 years. He is from Indianapolis.

David Stimmel asked, what side is he on?

Ron Halsen stated, he is on the Keans Bay to the left, the one not torn down.

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

Carol anything?

Carol Stradling asked, the deck will be open or a roofed deck or a?

Ron Halsen stated, open.

Carol Stradling asked, open, that is it?

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.

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 .5’ (from eave) side setback variance to build a second story and a room addition to the existing home.


Lot Number Ten (10) in Lakeview Subdivision, in Liberty Township, White County, Indiana.

COMMON DESCRIPTION: The property is located Northeast of Monticello at 4840 E. Pinecone Lane.


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


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


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

****

Director Weaver stated, we do have Brad Smock here to talk to the board.


Brad Smock stated, I saw you guys there Monday at the meeting and I talked to John Heimlich this morning and he said I had to come here and address the issue. My wife and I are trying to build a new house and we’ve got to get a variance against ourselves because we own the hog barn also. We are building within the 1320’ of it. In essence the variance against myself cost me about $70,000 if I have to get that. This is the only county in the State and Clinton that you would have to get a variance if you own the hog barn and the house. That is the reason I’m here. We found all this out because they came to do the appraisal because they have to appraise the ground where we are building the house. That is when the guy he said I think White County, I don’t know if you can do this you will have to check into this. He said I will not submit anything until we know if you have to get the variance or not. If I have to submit a variance it will cost me $70,000.


President Jerry Thompson asked, why $70,000?


Brad Smock stated, actually $70,000, part of this is we started this process for the house 4 or 5 months ago, it was right before the Hurricane’s and if we don’t’ get it done by December, the price goes up and the interest rate difference between. We have to do it as a commercial loan if we have a variance, which is a 7-year deal, and obviously the interest rate is not good. There was 3 different parts that caused this.


Carrie Smock stated, now we are on the time factor of the basement. Obviously, we weren’t under this understanding until about 2 weeks ago and it was too late to file for this meeting so we are getting everything together to file for the December 14 meeting. Brad has talked to Dave Anderson about the possibility of maybe just getting a partial permit so we can get the basement in, just to do the foundation and come back in December to get our variance to get the complete for the house.


Brad Smock stated, the other part of the $70,000 is the difference that he would have to show on the appraisal itself.


Carrie Smock stated, when he was here Monday we got to letters signed by our three neighbors. We don’t have any neighbors but our self. The farm ground own around us, we have three letters, one is my father-in-law. Jim Milligan came out and re-surveyed to show the exact to put the house. Deb Maxwell is at Lafayette Bank & Trust, she contacted John Heimlich and I believe in talking to him he was going to get a hold of Dave Scott or Gary Barbour maybe to discuss that he had talked to Deb and they understand where we are building this house and all of that.


Gary Barbour asked, how does getting a variance change it to a commercial loan verses a residential? I don’t quite understand that. Wouldn’t that be kind of prejudice?


Attorney Altman stated, I don’t know.


Carrie Smock stated, it has something to do with the secondary market.


Brad Smock stated, the secondary market is where they sell off your mortgage and by having a variance it has to be considered agriculture so more less where all of my farm is that bank is First Farmers Bank & Trust is where we do all of our farming through. We can borrow the money through them also, but then it becomes an Ag loan and by being able, also that is why we deeded off the 3 acres from my dad away from it separately. The only thing we are surrounded by is farm fields, so it is considered a residential loan, it is house, they can sell it off, say I didn’t pay them they could sell it off, they could sell it off without selling off the farm.


Attorney Altman stated, what are you asking us to do for you tonight?


Brad Smock stated, I don’t know, I’m just here.


President Jerry Thompson stated, he is more or less asking for a partial permit so he can break ground for the basement.


Brad Smock stated, Dave told me I could do that, he would give me that tomorrow.


Director Weaver stated, what that is, what he is referring to is foundation release and Area Plan does not issue foundation releases those are issued through the Building department. Area plan would not be signing off on it.


Brad Smock stated, I guess in the perfect world what I would like is to be able to get a building permit without having to get a variance. I guess if that won’t happen today, I guess I would ask the next people who want to build a hog house and house that we could change that so it doesn’t cost them $70,000.


Attorney Altman stated, this ordinance was amended to include this requirement and that was what we asked for from Farm Bureau’s impact all the hog farmer’s impact, input in this.


Brad Smock stated, I agree I should be able to build a hog barn beside your house. If I’m dumb enough to want to build a house beside my own hog barn.


Attorney Altman stated, well…


Director Weaver stated, there is also property, you are talking like these two properties are contiguous and they are not.


Attorney Altman stated, they are not.


Brad Smock stated, they could have been.


Director Weaver stated, they could have been, but I just want the board to know they do not touch each other. There is a strip of ground in between them.


Brad Smock stated, we were going to make them touch each other and that is when you can’t have the two houses, if I could have ripped the kitchen out of the other one, we would have called it a guest house.


Director Weaver stated, the two properties can adjoin, but you could not combine them.


Brad Smock stated, no because of the two houses.


Director Weaver stated, you can not combine them, the two property lines can set contiguous.


Brad Smock stated, oh I didn’t realize that, we didn’t have to put a gap in between them.


Director Weaver stated, no.


Carrie Smock stated, if we didn’t have to put a gap in between our property and the 3 acres.


Director Weaver stated, you still would have had to require the separation variance.


Carrie Smock stated, my questions is, this is our family owned farm, so I guess I don’t understand if we own the barn why would we have to get the variance if we own the property. I understand.


Director Weaver stated, the ordinance does not make the exception. That is why.


David Stimmel stated, plus the fact is you may not always own that property. That is the whole point. We are not only trying to protect people now, you are trying to look down the road too.


Carrie Smock stated, he has lived there his whole life, so odds are we have 3 children that we would think it would stay within the family, but I understand.


David Scott stated, it doesn’t make sense to me if they own the property why they have to get a variance against themselves.


Carol Stradling stated, because 20 years from now


Gary Barbour stated, because the ordinance says so.


Attorney Altman stated, because the ordinance say so, and to be quite frank with you. I have looked at it very carefully and there is no room in this.


Director Weaver stated, I have had farmers combine property back together because of a home, when the existing home and they combined the property back together so it was all on one track so they didn’t have to go through the variance process.


Brad Smock stated, we were told we would have to tear down our house if we had it on one tract.


Director Weaver stated, if you combine the parcel together you can only have one home, but you didn’t have to put a strip of land in between.


Brad Smock stated, but you just said other farmers have combined.


Director Weaver stated, adjacent.


Brad Smock stated, no I’m saying the comment before that. You have had other farmers combine parcels so they could do that.


Director Weaver stated, right, but when there is only one home involved. That was to build the confinement building. The other home is what complicates your situation.


David Scott stated, he doesn’t have any options.


Director Weaver stated, I have tried to come with something.


Carol Stradling stated, so there is a home between the confinement barn and where you want to build?


Brad Smock stated, no our house now, we own 5 acres and dad owns 56 around us and we own the next 70 and dad owns the next 30 and then dad owns the next 25. So our hog farm is on 5 acres and our house in the southeast corner and hog barns all around me. Well we are going to the West Side of dad’s property. Deeded off 3 acres on the West Side. We own the 5 acres with the hog barn and house. We are just building a new house. When my uncle gets back from Iraq he is going to rent the house we live in now. Everyone is fine, happy and it is costing us $70,000 more.


Carrie Smock stated, we are going to the West because the East Side is the Idaville Sewer plant.


Carol Stradling asked, what is in between here?


(Looking at a map to explain where the two houses set.)


President Jerry Thompson asked, do you have a builder waiting on you?


Brad Smock stated, well kind of, it is an all American home, so we went ahead and ordered the thing and sent that money to at least save that part of it.


David Scott stated, Diann if he goes through the variance process he owns all the property around the 3 acres.


Director Weaver stated, no, his dad does.


Carrie Smock stated, we have a letter from his father stating he has no objections, I mean he gave us the ground.


Attorney Altman stated, I understand that.


Director Weaver stated, it is complicated.


Carrie Smock stated, yes, I’ve never in a million years believed.


David Scott asked, who is going to get letters? Who is going to get letters?


Director Weaver stated, his father, the people across the road.


Carrie Smock stated, Claudia Reingardt, my father-in-law, and John & Bob Scott. Claudia and Jon & Bob Scott are across the road.


Brad Smock stated, I’ve lived there for 32 years and they’ve all owned everything around me for 32 years.


Carol Stradling asked, is there any other place you can put your house?


Brad Smock stated, to the West but then that is the Idaville Sewer plant so I guess I’m a hog farmer and I would rather live next to the hog farm.


Carrie Smock stated, we have a shop.


Brad Smock stated, we have 3 little boys and want them to run out.


Carrie Smock stated, we want to stay as close as possible, obviously we aren’t going to build a new house and a new shop and everything that is at our house now. We just want a bigger house. We have the perfect set up, we have someone to live in our house we have and it was all going to stay family.


Carol Stradling asked, who lives in the house near the confinement building now?


Carrie Smock stated, that is where we live now, it is an old farmhouse.


Carol Stradling asked, can they tear that down and build a new one there?


Director Weaver stated, I don’t believe they want to.


Carrie Smock stated, no, his uncle is already going to buy it.


President Jerry Thompson stated, I know what they can do, but the tape recorder is on, Build the house and pay the fine. It would be cheaper.


Brad Smock stated, fair enough.


President Jerry Thompson stated, no you didn’t hear that.


David Scott stated, you don’t know what the fine is.


Brad Smock stated, it has got to be cheaper than that.


David Scott stated, well it could be anything.


Gary Barbour stated, it could go the $70,000.


Carol Stradling stated, it could be denied and then you would have to tear it down.


Director Weaver stated, I can’t issue a permit.


David Scott stated, I would be in favor of contacting the neighbors and he owns the property around it. What would keep me from making a motion.


Attorney Altman stated, you can’t.


Carol Stradling stated, you can’t make a motion because it is not before us and there is nothing that can be decided tonight.


Attorney Altman stated, the problem is, it just isn’t before you tonight, they are talking.

We can’t do anything.


Director Weaver stated, a foundation release is not done by Area Plan.


Carrie Smock stated, our main concern is the basement, we wanted it in by December 14 and now the weather I don’t know if we are doing all right or not.


Brad Smock stated, we had the house ordered and the basement and came in to get the building permit and everything would have already been 3 steps further.


Director Weaver asked, when did you check with the Area Plan Office about requirements for the size of the lots and stuff?


Carrie Smock stated, Carolyn Wagner out of Delphi, I don’t know, she is the one who has aided us. Holsinger is the guy who was appraising everything and he is the one who opened this can of worms.


Brad Smock stated, Huffer is the Commissioner at Carroll County and he is the one Carolyn asked about the hog barn and he said you are fine, you just can’t build the hog barn beside the house.


Director Weaver stated, every county has it owns rules.


Carrie Smock stated, she told us to that it could be different in White County.


President Jerry Thompson stated, they need to deal with Dave.


Director Weaver stated, I’m not going to sign anything for them to have a permit.


Attorney Altman stated, she can’t.


Director Weaver stated, I can’t.


Brad Smock stated, so can Dave.


Carrie Smock stated, just to do a foundation, I mean.


Director Weaver stated, you will have to discuss that with Dave.


Brad Smock stated, well he told me this morning he would that it still had to go through you.


Director Weaver stated, I can’t sign anything to issue you a permit.


Brad Smock stated, I mean that temporary foundation permit.


Director Weaver stated, that is violating the ordinance if I issue that.


Attorney Altman stated, Dave issues that.


Brad Smock stated, I know, but he said I still had to go through you.


Carrie Smock stated, if we take a plan to the Dave.


Attorney Altman stated, you still have to get a variance.


Brad Smock stated, right that is for the house not the basement. He said I could build the basement at my own risk.


Director Weaver stated, what he is saying is a foundation release. That is what he is referring to.


Attorney Altman stated, you will have to get a variance.


Carrie Smock stated, for the basement.


Attorney Altman stated, for the home.


Carrie Smock stated, to build the home, but we can get a foundation release for the basement.


Attorney Altman stated, from Dave, he saying he will.


Director Weaver stated, you still have to submit, nothing has been submitted.


Carrie Smock stated, if we get it in by the 22nd, it will be heard on December 14 or the 15.


President Jerry Thompson stated, the 15th.


Director Weaver stated, you have to have this filed by next Tuesday.


President Jerry Thompson asked, is there anything else?


Director Weaver stated, no.

The meeting adjourned.

Respectfully submitted,

Gary Barbour, Secretary

Diann Weaver, Director

White County Area Plan Commission