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The White County Board of Zoning Appeals met on Thursday, March 16, 2006 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

Visitors attending were: Charles Mellon, Don Pauken, Larry Noe, Bill Walter, Sandy Walter, Dempster Martin, Ruth Martin, Shannon Conley, Wayne Sanders, Nancy Sanders, Jack Conley, Tina Darrall, Doug Gallinger, Rod Weaver, Allen Fischer, Stephanie Fischer, Tyler Fischer, Gary Woods, Steve Downey, Don Wright, Tom Parsley, Charles Geier, Herb Parrish, Floyd L. England, Robert Kinser, Shelly Beasy, Terry Beasy, Dow Dellinger, Randy Yerk, Terri Raines, Essy J. Williams, Don Williams, Larry Dunn, Leae Williams, Kenneth Rogers, Rogers, John J. Raines, Mike Smolek, Daniel S. Weise, Irv Furrer, David Miller, Timothy A. Burnside, Michael Wagenbach, Bonnie Wagenbach, Sue Smith, Jim Smith, Stan Hockema, Myron Barnes, Jim Wooten, Rhonda Wooten, Stan Gatewood.

The meeting was called to order by President David Stimmel and roll call was taken. Jerry Thompson made a motion to dispense with reading and approve the minutes of the January 19, 2006 meeting. Motion was seconded by Gary Barbour and carried unanimously. Jerry Thompson made a motion to dispense with reading and approve the minutes of the February 16, 2006 meeting. Motion was seconded by Gary Barbour and carried unanimously. Attorney Altman swore in all Board members and audience members.

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#2496 Rangeline Properties, Inc., Owner; Jeff VanWeelden, Applicant. The property is located on Lot 1 in Korpita’s Corner, located West of Monticello at 19 S. 300 E. Tabled from the February 16, 2006 meeting.

Violation: None

Request: They are requesting a special exception to allow business trucks and containers on the lot.

President David Stimmel asked, is there anyone here representing that variance?

Dow Dellinger stated, Dow Dellinger, I’m the attorney for Rangeline Properties and Indiana Waste Systems. I am here to request that we table that application because we don’t know about the rezoning on that issue. We also ask to table our appeal #5 which is at the end of the


business tonight hoping you allow us to request that tabling, since we are short a couple of members this evening.

President David Stimmel asked, is this is the first or the second time for this request?

Dow Dellinger stated, this is the first of our request for both. I mean procedurally we have to table since there hasn’t been um an approval or disapproval of the rezoning on lot 1. This will be the first one on our appeal that we have asked to table.

President David Stimmel stated, okay the only thing I want to do Dow is be sure that we are all speaking from the same deck of cards to how many there has been.

Dow Dellinger stated, okay.

President David Stimmel stated, because I know there has been. Is that accurate Diann as far as you know?

Director Weaver stated, I believe so.

President David Stimmel stated, okay this is the first tabling on your…

Dow Dellinger stated, that we have requested.

President David Stimmel stated, you are entitled to, how many?

Attorney Altman stated, two.

Director Weaver stated, two, they have to appear the third time.

President David Stimmel stated, do we have a motion or comments.

Attorney Altman stated, if moves it is tabled.

President David Stimmel stated, it is tabled, oh okay. This will be tabled to the April meeting.

Director Weaver stated, April 20.

Dow Dellinger stated, April 20, and that is on the appeal and we will wait and see what happens with rezoning come Monday. We may or may not be back on the special exception.

President David Stimmel stated, okay, thank you very much.

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#2501 I & S Furrer Farms, Owner; Michael Wagenbach, Applicant; The property is located on Part NW NE 20-27-5 1.974 acres, located Northeast of Wolcott at 7450 W. 200 N.

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. This request will replace the previously granted Special Exception #2070.

President David Stimmel stated, excuse me excuse me, can we keep it quiet so we can all understand what is going on. Thank you very much. I have to reread the request.

(He re-read the request.)

President David Stimmel asked, is there someone representing this variance?

Michael Wagenbach stated, I’m Michael Wagenbach.

President David Stimmel stated, thank you.

Michael Wagenbach stated, I also have the owner of I & S Farms here tonight. I do have a hand out.

Attorney Altman stated, for the record Carol Stradling just joined us.

Michael Wagenbach stated, I do have a hand out and I will hand that out. Just to go over this very briefly I just have a set of goals and benefits White County and additional information. I won’t go through that for saving of time. I also have included in the back of the packet just some comments from customers that I have had. Comments you can go through if you care to. That is all I have to present tonight. If you have any questions, I will be happy to answer them.

President David Stimmel asked, Jerry anything?

Jerry Thompson stated, not yet.

President David Stimmel asked, Gary?

Gary Barbour stated, not yet.

President David Stimmel asked, Carol?

Carol Stradling stated, I haven’t seen the packet yet.

President David Stimmel asked, any one in the audience have any questions for or against?

Attorney Altman asked, how is this different from the special exception that 2079 in 2001?

Michael Wagenbach stated, what that actually does it expands the area further away from the road. What I want to do is not add additional facility. What I want to do is replace what I currently have and take it off further back from the road.

Attorney Altman asked, tell us how you intend to do that, more specifically?

Michael Wagenbach stated, I want to build a new building and then just remove what I currently have and place it into the new building. I do have a building permit that is in with um Dave, I can’t remember what his name is. I do have a building permit.

Attorney Altman stated, so it would not be an enlargement, but your facilities it would just be moving into a different location on this in this area.

Michael Wagenbach stated, that is correct.

President David Stimmel asked, is there anyone else who would like to speak on this?

Jerry Thompson asked, you are the one that is going to operate this?

Michael Wagenbach stated, that is correct.

Jerry Thompson asked how many any animals at any one time or the maximum animal you say you will have?

Michael Wagenbach stated, the original exception was around 300, but it is not going to be anywhere near that, it will probably at most, would be around 100 adults.

Carol Stradling stated, you said 100 adults.

Michael Wagenbach stated, right. They are not there, I was just trying to leave it open in case we do have any come in, but right now we have about 50 and that is probably where we are going to stay. I was just trying to have a little flexibility that I wouldn’t go over a certain number I promised.

Carol Stradling asked, this is not a boarding facility? This is a breeding facility.

Michael Wagenbach stated, that is correct.

Attorney Altman stated, so in essence it is just your animals that are there and then you are selling them on site or on line or how.

Michael Wagenbach stated, we market through the World Wide Web. As far as we do take a lot of visitors there from Chicago, Indianapolis area, so we do get quite a bit of driving into White County for that. It is just a small family operation. It isn’t nothing we do as a whole family.

Jerry Thompson asked, any response from the mail?

Director Weaver stated, no we have not received anything.

President David Stimmel asked, what kind of dogs, or breeds?

Michael Wagenbach stated, I have it listed here, but it is ones that are included in this are they Yorkshire terriers.

President David Stimmel asked, any other questions?

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 use shall be limited to 100 adults; the previously approved structure shall be replaced with a building of the same size but moved further from the road; and this is for breeding and no boarding of any animals.


7. That the request is for a Special Exception as per Section 10.20, Article 10.2001 of the White County Zoning Ordinance to place a kennel on Commencing at the Northwest corner of the Northeast Quarter of Section 20, Township 27 North, Range 5 West in Princeton Township, White County, Indiana; thence east 335 feet to the point of beginning; thence east 200 feet; thence South 230 feet; thence west 200 feet; thence north 230 feet to the point of beginning, containing 1.056 Acres.

COMMON DESCRIPTION: The property is located in Princeton Township at 7450 W. 200 N.


This request will replace the previously granted Special Exception #2070.


8. That the special exception herein authorized and granted is not so typical or recurrent in nature as to make typical or recurrent the formulation of a general regulation under an amendment of the ordinance for the above said condition or situation of the above said specific piece of property, and the Board additionally finds that the above said special exception is based on the findings of fact so made that are required to be made under the provisions of Section 10.20 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorizes the above said special exception under the above said sections of the zoning ordinance.


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


Attorney Altman stated, you say you have your building permit, it needs to coincide with your testimony.


Director Weaver stated, he has applied for the permit, it has not been issued yet.

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

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#2502 Ronald J & Cynthia A. Rossiter; The property is located on .37 of an acre, W Frax 10-26-3, located South of Monticello at 603 E. Tippecanoe Springs Court.

Violation: None

Request: They are requesting a 30’ front setback variance and a 2’ north side setback variance to build an addition and remodel the existing home and bring it into compliance.

President David Stimmel asked, is there anybody here representing this request?

Steve Downey stated, Steve Downey, hi. Ron is out of town, he couldn’t make it.

President David Stimmel asked do you have anything you want to add?

Steve Downey stated, no.

President David Stimmel asked, any fan mail on this one?

Director Weaver stated, no other than since the board received their packets we did have a call or Joe Roach from SFLECC came in and saw me and questioning the deck on the property and he asked me to contact Mr. Rossiter and have him contact Joe Roach. He did and since then we have received a copy of consent to encroach. The deck is existing and they are not making any changes to it that I’m aware of, they just wanted to clear up their records.

President David Stimmel asked, Jerry?

Jerry Thompson asked, you are the contractor?

Steve Downey stated, yes.

Jerry Thompson asked, do we have anything saying that he can represent?

Steve Downey stated, I’ve got a notarized letter here.

Jerry Thompson asked, do you have a copy of that?

Steve Downey stated, no I don’t.

Jerry Thompson stated, we keep this. Would you like a copy?

Attorney Altman stated, we do have one in the file.

President David Stimmel asked, Carol?

Carol Stradling 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 proposed building changes were set out on the September 7, 1997 survey.

7. That the request is for a 30’ front setback variance and a 2’ north side setback variance to build an addition and remodel the existing home and bring it into compliance on A tract of land located in the West Half (1/2) of Section Ten (10), Township Twenty-six (26) North, Range Three (3) West in Union Township, White County, Indiana, and described more fully as follows: Beginning at a point which is North Fifteen Degrees and Fifty-eight minutes East (N 15 58’ E) Eighteen and three tenths (18.3) feet from the Northern Indiana Public Service Company Monument #263 and running thence North Thirty-nine degrees and Fourteen Minutes West (N 39 14’ W) One Hundred Eighty-seven and One tenth (187.1) feet; thence North Twenty-six Degrees and Four minutes e (N 26 4’ E) Sixty (60) feet; thence South Sixty-nine Degrees and Twenty-three Minutes East ( S 69 23’ E) one Hundred Forty-three and Six Tenths (143.6) feet; thence South Fifteen Degrees and Fifty-eight West (S 15 38’ W) One Hundred Fifty-four and Two Tenths (154.2) feet to the point of beginning, containing Thirty-seven Hundredths (.37) of an acre, more or less.

COMMON DESCRIPTION: The property is located South of Monticello at 603 E. Tippecanoe Springs Court.


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


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


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

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#2503 Jack & Shannon J. Conley; The property is located on Lots 70 and 72 in the Original Plat of Monon, located in the Town of Monon at 102 N. Race Street.

Violation: The detached garage was built too close to First Street.

Request: They are requesting a 7’ front setback variance (Race St.) and a 1’ rear setback variance to build a new home and a 5’ front setback variance (First St.) to bring the existing detached garage into compliance.

President David Stimmel asked, and you are?

Shannon Conley stated, Shannon Conley.

President David Stimmel stated, do you want to add anything to what we have read there?

Shannon Conley stated, no I think the only question I have is about where the existing garage is located at. When we had our survey done by Mr. Milligan there was a 27’ easement from First Street towards our existing garage to where our property line went. Then it went to 28’ from the property line to the existing garage. From Race Street the easement only goes in 18’. So the only question I have is if there was a standard for County or Town right of way easements on the property.

President David Stimmel stated, okay.

Shannon Conley stated, I asked, Mr. Milligan if there was a difference of why there was 18’ from Race Street to our property line and 27’ from First Street into our property line and he said he didn’t understand, he didn’t know why there was a difference.

Carol Stradling stated, I’m not showing an easement on the survey.

Shannon Conley stated, I guess I might not of said it right. For the Town to come from the road into the property line. The right of way, one part on where First Street right of way is there is 27’ from the road into our property line is. ON Race Street there is 18’ from the road into where our property line is. I just, I don’t know what the standards are. If there is an actual standard.

Carol Stradling asked, so you didn’t have your property marked? You just took measurements from the roadway, is that what happen?

Shannon Conley stated, it has been surveyed.

President David Stimmel stated, identify your self when you speak.

Jack Conley stated, Jack Conley.

Wayne Sanders stated, I’m Wayne Sanders and I put the garage there, or I had a contractor put the garage there. When I talked to the county about the permit for that garage there had been one there and there was a cement slab there and I asked, them if that was within the guidelines at that time and they said that it was and they said I could put the garage back on that cement slab. That is what we did and now they tell us that it is not in the guidelines.

Shannon Conley stated, I’m not sure if it is because of the fact that on the application for improvement location permit the lot size description says that one lot where the garage sets on is 50’ x 91’ and the one where our house sets says 60’ x 90’. But at the department downstairs, the Recorders office or the Assessor said on the plot plan that both lots are 60’ x 90’. So I’m not sure if the violation is in accordance or not. If they are going by the legal improvement from when the application was filed for the first application for the garage permit, if they are going by the lot size of 50’ that is incorrect.

Director Weaver stated, first I want to make a statement. On your pictures if you look at the middle picture on the right hand side. I tried to show, their survey flags where there and I tried to show that and you can not see it in the pictures. The best I remember it is towards the garage of the flagpole, the property flag. It is closer to the garage than the flagpole.

Shannon Conley stated, yes, it is 2’ from the flagpole.

Director Weaver stated, right, secondly when the permit was issued in 2002 for the detached garage the site plan that was presented shows that the garage is going to be 32’ back from First Street.

Shannon Conley stated, correct.

Director Weaver stated, and it states on the permit that the front setback requirements are from the road right of way.

President David Stimmel stated, okay.

Wayne Sanders stated, so what you are saying is we shouldn’t have taken their word on it.

Director Weaver stated, they evidently told you it had to be 32’ it has been changed on here.

Wayne Sanders stated, no. What I’m saying is when I asked them if the garage was within the limits, see there was a garage there to begin with. We just put another one back.

Director Weaver stated, I understand that, but we have no idea of knowing where that garage sat on that property, without your drawing.

Wayne Sanders stated, they told us it was right.

Director Weaver stated, we go by the drawing, that is what I’m trying to explain to you, we go by the drawing, we go by what you present to us at the time of the permit.

Wayne Sanders stated, they drew up the drawing down here.

Director Weaver asked, who did?

Wayne Sanders stated, down in the office.

Director Weaver stated, the Area Plan office would not have done that.

Wayne Sanders stated, they said it was correct for the garage.

Director Weaver stated, to be 32’ back.

Wayne Sanders stated, no they said where it was at was correct on the property is what was said.

Carol Stradling, who is “they”?

Wayne Sanders stated, down in the office where we applied for the permit to build.

President David Stimmel stated, back up, do we want to handle the violation first or the variance.

Director Weaver stated, normally we handle the variance first.

President David Stimmel stated, we handle the variance first. So we are just going to speak to the variance at this point and time. We will talk about the violation in a minute. We are going to deal with the variance first.

Jerry Thompson asked, was the original garage was the floor poured, was there block there? What was there?

Jack Conley stated, it was concrete.

Shannon Conley stated, it was concrete.

Jerry Thompson asked, with one row of block?

Shannon Conley stated, yes.

Jerry Thompson stated that was still left there.

Shannon Conley stated, yes and the concrete was still there.

Jerry Thompson stated, you just took off from that point and…

Shannon Conley stated, well we didn’t, the previous owners did.

Jerry Thompson stated, okay, yes.

Shannon Conley stated, at the time we rented that house before we bought it. When we rented it that is how it was built.

President David Stimmel stated so you didn’t contract the garage. The garage was not built when you owned the property.

Shannon Conley stated, no sir.

President David Stimmel asked, Carol anything?

Carol Stradling stated, you rattled off a lot of numbers there in the beginning.

Shannon Conley stated, yes, ma’am I’m sorry.

Carol Stradling stated, from okay I’m looking at the picture. Lets start with the survey. On First Street, you understood that your property line was how far back?

Shannon Conley stated, from First Street, where we measured from the road into where our property line is, is 27’ and then there is another 28’ from our property line to the existing garage.

Carol Stradling stated, now when you measured to the roadway you are measuring to just to the edge of the roadway.

Shannon Conley stated, just to the edge.

Carol Stradling asked, when you purchased the home did you get a survey?

Shannon Conley stated, no.

Carol Stradling stated, now you are saying on Race St. how far is Race Street from your property line.

Shannon Conley stated, the edge of Race Street is 18’ in to the property line, then to the house we want to build it will be 32'’from the property line to the front of the house.

Director Weaver stated, Carol if you look at the top right hand picture, see the tree that “y” look just to the right down at the grass, you will see the property flag.

Carol Stradling stated, okay. The house is removed.

Shannon Conley stated, yes.

Carol Stradling asked, you want to put the new house further back them the old house?

Shannon Conley stated, yes I wanted it as close to compliance as I can get it.

Carol Stradling stated, okay.

President David Stimmel asked, Jerry anything?

Jerry Thompson stated, no not on this, but on the violation.

Carol Stradling stated, I’m a bit confused Diann, on the survey it has building setback and a dash line.

Director Weaver stated, I believe that is the standard setback that he is trying to show you there.

Carol Stradling asked, is that the actual setback?

Director Weaver stated, that would be the 32’.

Carol Stradling stated, that is 32’, they are requesting a 7’.

Director Weaver stated, because of the roof porch on the front.

Carol Stradling stated, okay.

President David Stimmel asked, Gary?

Gary Barbour stated, I don’t have anything.

President David Stimmel asked, no fan mail? Does anyone else want to speak either for or against it?

Attorney Altman asked, single story?

Shannon Conley stated, yes.

Without further discussion the board voted.

The Board finds the following:

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


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


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


4. That no objectors were present at the meeting.


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


6. The home will be built further back than the original house and it will be single story.


7. That the request is for a 7’ front setback variance (Race St.) and a 1’ rear setback variance to build a new home and a 5’ front setback variance (First St.) to bring the existing detached garage into compliance on Lots numbered Seventy (70) and Seventy-two (72) on Race Street in the Original Plat of the Town of Monon, White County, Indiana.


COMMON DESCRIPTION: The property is located in the Town of Monon at 102 N. Race Street.


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


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


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

President David Stimmel stated, okay lets address the violation. Any comments from the board on the violation?

Jerry Thompson stated, well you didn’t build the garage.

Shannon Conley stated, no sir.

Jerry Thompson stated, so how can they be in violation when they didn’t build it.

Attorney Altman stated, they surely can because they own it.

Jerry Thompson stated, yea but if they..

Attorney Altman stated, it is out of compliance and that is a violation that doesn’t mean that they are the ones you fine.

Jerry Thompson stated, the one who is responsible is not going to get fined.

Attorney Altman stated, that is for you to decide.

Gary Barbour stated, the other side of that it is their responsibility when purchasing the home to make sure that the property is in compliance when they purchase it. That is not our fault either.

Jerry Thompson asked, did you buy this off an individual or did you buy it off a realtor?

Shannon Conley stated, the only thing, I’m not I don’t want to argue, I don’t want to take up any more time than I have to. I just didn’t realize what the right of way was and I see it says 60’ right of way on both sides and that allows me 20’ of the road, the road is to be 20’ and then 20’ from each side, is that how it is determined.

Director Weaver stated, the road can go anywhere within that 60’.

Shannon Conley stated, okay, I’m new to this game I didn’t understand it. So I didn’t…

Attorney Altman stated, that is why a good survey is what helps you make decisions and legal advise at that time would have helped you decide if you where in compliance or not. So you get out of the problem.

Shannon Conley stated, right I didn’t know there was a problem until I came to Area Plan.

President David Stimmel asked, Carol?

Carol Stradling stated, I’m just trying to get the numbers to add up between the drawing and the survey and I don’t know that they are going to match up. I guess I look at the drawing and I see the position of the garage relative to the house and then I look at where the house was removed and look at that to the existing garage and they are completely off set.

Jerry Thompson asked, what year was the garage built?

Shannon Conley stated, 2002. With the zoning violations I did notice on the letter that Ms. Weaver had sent to me it said it was adopted in 2003. Does that mean it was re-amended I wanted to ask or is that when the zoning commission actually said we are going to violate according to this.

President David Stimmel stated, that is just when the fine policy was went affect..

Shannon Conley stated, the fine policy was already in affect.

Attorney Altman stated, there was already an ordinance that allowed us to fine for a violation. What we did then in was make it so the Director imposes that as a fine and someone can come before us, and we can either raise or lower it. Basically it could be a big amount of money. That doesn’t mean that is what I’m saying.

President David Stimmel asked, any other comments from the board?

Jerry Thompson asked, is this your first purchase?

Shannon Conley stated, yes.

Jerry Thompson stated, we have run into this before, first time and learn as you go.

Shannon Conley stated, all we want to do is build our house back. We had a house fire December 5 and we lost everything we owned and that is the only thing we want to accomplish is to get our kids back on the property and back in a home that is theirs.

President David Stimmel asked, does anyone want to make a motion?

Carol Stradling stated, I will make a motion if you look on the survey there is the 10’ between the existing garage and the foundation on the new house, the old house is roughly 1’ closer to First Street, so let’s say that would make the distance between the house and garage 9’. Which if we look at the drawings that were submitted they did place the garage 9’ away from the house and it appears as though they put 10’ and 31’ and realizing it had to be 32’ they moved it 1’ closer to the house which shows up on the survey. It appears they tried to put it where it ought to be in relationship to the house. I would move that we remove the fine.

President David Stimmel asked, do we have a second?

Gary Barbour stated, I will second it;

President David Stimmel asked, any discussion? All in favor? Fine is removed 4 to 0.

****

#2504 Raymond Smolek Revocable Living Trust; The property is located on W ½ NW ¼ 31-28-2, located in Cass Township at 5575 N 900 E.

Violation: None

Request: They are requesting a 505’ separation variance from a Hog Confinement Building to the nearest dwelling not located on the same tract.

President David Stimmel asked, and you are sir?

Mike Smolek stated, I’m Mike Smolek.

President David Stimmel stated, okay Mike do you want to add anything to this?

Mike Smolek stated, no.

President David Stimmel asked, any fan mail?

Director Weaver stated, no we have not received anything. I don’t know if we clarified but Smolek Farms does own the house.

President David Stimmel stated, that was going to be the first question.

Mike Smolek asked, do you guys have a copy of that, those are our hog buildings? That was just the farthest one out.

President David Stimmel asked, the farthest one out? Okay. That is your residence building setting to the South.

Mike Smolek stated, yes, that is our house.

President David Stimmel stated, okay.

Attorney Altman asked, Diann why are they here if this is their house?

Director Weaver stated, two different parcels of ground.

President David Stimmel asked, any questions from the board? Jerry?

Jerry Thompson stated, no.

President David Stimmel asked, Gary?

Gary Barbour stated, no.

President David Stimmel asked, Carol?

Carol Stradling there are two long buildings are those current hog operations.

Mike Smolek stated, those are 1500 head buildings, yes, we are putting up a third one of 1500.

Carol Stradling asked, those are existing those are?

Mike Smolek stated, yes, where the house is there is a 2,000-head finish nursery, that long building right behind the house. Then there are 2 Cargill units behind the nursery and all of hog buildings too.

Carol Stradling stated, you don’t mind the smell?

Mike Smolek stated, no.

President David Stimmel asked, any other questions?

Jerry Thompson asked, any response from anyone?

Director Weaver stated, no.

President David Stimmel asked, is that a county road going through there?

Director Weaver stated, it is Timmon’s Ditch.

President David Stimmel asked, are we ready to vote?

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. The nearest and only house closer than 1320 feet of the proposed Hog

Confinement Building is owned by the Applicant and they testify that they want

the Hog Confinement Building approved.


7. That the request is for a 505’ separation variance from a Hog Confinement

Building to the nearest dwelling not located on the same tract, namely:


The West half (1/2) of the Northwest Quarter (1/4) of Section Thirty-one (31), Township Twenty-eight (28) North, Range Two (2) West, in Cass Township, containing 80.00 acres, more or less.

COMMON DESCRIPTION: The property is located in Cass Township at 5575 N. 900 E.


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


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


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


****

#2505 Sand Ridge Farm Inc., Owner; Irvin Furrer, Applicant; The property is located on 15.149 acres, Out SW 10-26-5, located in West Point Township on the East side of C.R. 600 W, between C.R. 200 S and C.R. 325 S.

Violation: None

Request: They are requesting a 500’ separation variance from a hog confinement building to the nearest dwellings not located on the same tract.

President David Stimmel asked, you are sir?

Dan Weise stated, Dan Weise representing Sand Ridge Farms, also.

President David Stimmel stated, sorry Dan, do you have anything that says you are the representative.

Dan Weise stated, other than being part owner of the corporation.

President David Stimmel stated, okay.

Dan Weise stated, also I have Irvin Furrer and Dave Miller, Tim Burnside, and Michael Wagenbach who are also part owners of this corporation.

Director Weaver stated, before we go any farther, I’d like to remove myself at this time.

President David Stimmel stated, do we know if we have gotten any mail on this.

Attorney Altman stated, let me look. Does not appear so.

President David Stimmel stated, okay Dan do you want to add anything to what we read?

Dan Weise stated, other than Tim Burnside who is part owner of this corporation is the closest, would be the closest person to the variance. So he is here this evening.

Attorney Altman asked, which one is that?

Dan Weise stated, the one straight North, the one 820’ variance that would be Tim Burnside’s house.

President David Stimmel asked, the other house is owned by who?

Dan Weise stated, Tina Stoller.

Carol Stradling asked, do we have anything from Tina Stoller?

Tina Stoller stated, I’m here.

President David Stimmel stated, stay close Dan. Does anyone else want to speak against or for the variance? Now would be the good time.

Kenneth Rogers stated, I’m Kenneth Rogers. Just a question. How far are you from the West Point Cemetery?

Dan Weise stated, that is a good question, I don’t know if that would be on the survey. I don’t know how many feet that would be.

Some one in the audience stated that would be roughly a ¼ of a mile.

Dan Weise stated, roughly ¼ of a mile.

Kenneth Rogers asked, that would be the South or the North?

Dan Weise stated, straight North.

President David Stimmel asked, who else had their hand up?

Diann Weaver stated, I have a map that I have done for the board. The map is an area probably within a mile of the property. As you can see from there I have highlighted the area with homes. There are several homes to the Northeast of this property that will be affected by the smell from this. Currently these homes have been there for several years, very few new homes in the area that have not been there for at least 10 years. We do have hog facilities to the West of us currently, we have a facility to the South about ¾ miles from my house, which I’m on the corner of 250 S. & 450 W. We do have a facility probably about 2 miles to the North of us and that is as close as I would like to see them come. I already smell the one to the South of us and I really don’t want to be to when the prevailing winds blowing that I’m going to smell hogs. I moved to the area because of the fact that there were no hog in the area. I like the area it is a great area to be. Good neighbors, we all have small acreage’s, small farms, and a lot of horses out in the area. I’d like to keep it the way it is.

Dan Weise stated, as she said there are hog operations in that area, there is Clark Farms that is just North about 1 mile north of Tim Burnside's, there is also Dave Miller who is again a part of this corporation. It is not an existing unit now, it has been an existing unit for many, many years in that area. It has since shut down. As far as manure management goes, Furrer Farms have purchased a 80,000 manure wagon to inject manure and use all of the latest technology to incorporate manure into the ground, so there is no smell as far as corporation of manure. The other thing as far as this affects 8 families as far as ownership of the corporation, it creates at least 4 or 5 more jobs in the County. It is expansion of I & S Furrer Farms, their sow base to produce more pigs in that area. I guess what I would say is that area already has hogs in it. I understand the concern of hog smell, and it is something that you deal with, this county is an agriculture county has been, I think it will be. I guess from that standpoint, we will do everything that is technologically possible to reduce the amount of smell that comes out of a hog building. Every day there are new advancements made in that, there are new generation products coming out for to add the pits through the pig to reduce odors, there is new technology coming as far as scrubbing air coming out of the buildings. There are things coming that can be looked at down the road. We do not intend to harm anybody, do not intend to vary their way of life as they know today. So I guess from that standpoint we will do everything possible to make it a clean and attractive place.

Carol Stradling stated, you talked about doing or using new technology down the road, are you familiar with the feed additive that eliminates the odor.

Dan Weise stated, we currently use micro source, which is a product made by Ag Tech. It is pit additive, it goes through the pig reduces the amount of odors coming out of hog operations. I know they are working on a 2nd generation product. Yeah we do incorporate those things into the feed to try everything we can. Face it hogs do have a smell to them, the manure does have a smell. That is a fact of life and all we can do is everything that we can use with technology to reduce that.

Carol Stradling stated, you mentioned a couple of corporations, it is Miller that shut down.

Dan Weise stated, Dan Miller’s farm is no longer an operating farm, yes.

Carol Stradling asked, was it a confinement operation?

Dan Weise stated, yes.

Carol Stradling asked, do you know where that would be located?

Dan Weise stated, that is approximately ¾ of a mile Northeast. It would be.

Jerry Thompson asked, Diann is this the location right now?

Dan Weise stated, I know that operation had been in existence for many years up until the last 2 years. So it had been an operating farm.

Jerry Thompson asked, how many head are you talking in 3 units?

Dan Weise stated, 12,000 head.

President David Stimmel stated, there was a gentleman in the back who wanted to speak.

Bill Walter stated, I’m Bill Walter and I live at 5705 W. 325 S. I’d like to start by asking a couple of questions first. On laws, I saw something on a sheet that was passed out that said if I’m reading it right. An inhabitant structure couldn’t be within 1320’ is that correct.

Attorney Altman stated, without a variance. That is why they are here tonight, but you are right.

Bill Walter stated, okay, and then the next question is, is there anything that says I know there is according to the DEM in Indiana as far as topically applying it or knifing it in and does White County have any laws on that. How it is applied?

Attorney Altman stated, I don’t think so.

President David Stimmel stated, I believe in that situation we are at the mercy of IDEM in the particular case.

Bill Walter stated, they said there was no law against it other than if you topically applied it, it couldn’t be put within 50’ of an air well and if you knifed it in you could go as close as 6’ and they could inject it as close as I think they said 10’ from your property line. What I’m getting at is I did some arithmetic on the buildings and another question for that right-of-way, are they going from the center of 600 West?

Jerry Thompson stated, I think so.

Dan Weise stated, the drive would be in the center of the property. The center of the 15 acres.

Bill Walters stated, no where they are showing 600 West they’ve got a 20’ right of way. Is the center line of the road to that 20’?

Dan Weise stated, that is from the surveyor I would assume that is correct.

President David Stimmel stated, it is just a right of way line.

Bill Walter stated, okay well lets say being generous if the road is 20’ wide half of that would be 10’, then you add 250 and 412. Well 250 is the setback off the County right-of-way. 412 for the building and that would put that over if you drew an imaginary line North of the Dellinger property and Gary Williams property. That would put that approximately 12 over that line. I’m not so sure that our house is not in the 1320’. So I was wondering if there was a determination made on that.

President David Stimmel stated, the only determination I’m aware of is what Diann did and the surveyor did. Actually laid out the plot diagram and he would have taken I believe in to account.

Bill Walter stated, there has been several, one more question if I may. When they topically apply that, is there any kind of White County ordinance that says that ground has to be worked within 24 hours?

President David Stimmel stated, I don’t believe so.

Bill Walter stated, okay that, I had heard that, that is why I asked,

President David Stimmel stated, when you say topically applied I don’t believe the intent. If you mean topically you mean just on top of the ground.

Bill Walter stated, yes, just dumping it on the ground.

President David Stimmel stated, I don’t believe that is the intent.

Bill Walter stated, I understood what you were saying about knifing it in.

Jerry Thompson asked, Mr. Walters are you right here where it says 325 S?

Bill Walter stated, yes.

Jerry Thompson stated, Gary or carol I don’t know if you realize that or not.

Bill Walter stated, I guess I won’t continue if there is no ordinance against how they apply it, but I would ask that a determination be made for a distance if that is possible.

Jerry Thompson asked, from your house to this property, there is woods?

Bill Walters stated, right, you can’t step it directly off.

Jerry Thompson asked, what is your best guess on the depth of the woods behind your house to the North edge of the woods?

Bill Walter stated, I would say maybe 250 yards. We own 40 acres which is 1320’ x 1320’.

Jerry Thompson stated, okay.

Bill Walter stated, that is all I’ve got then. Thank you. If there could be a determination on the distance to the corner of their closest building.

President David Stimmel stated, Dan.

Dan Weise stated, just to address what he asked, we did originally have that 200’ to the South and we determined his house was over the 1320’ from the nearest point of that building. Since the original plot we moved it 200’ North with the survey so we should be well over 1400’ from his house from what we determined, it was something we looked at. We are mindful when we set out when we plotted the ground.

President David Stimmel stated, Kenneth.

Kenneth Rogers stated, one problem comes to mind and I was just figuring 12,000 hogs takes a lot of water and that is why I asked the question about the cemetery. On guess you are right in line with 225 S, or 250 S. pretty close to that line. I haven’t seen any maps or anything. I just heard about this today. I’m concerned about the water taken out from the line that we have for our wells going straight West from where I live. The house I have next door and what sort of remedies if your water dries up all our shallow wells. I have a deal with another gentlemen in a hog area and they’ve agreed to take care of our wells if for any reason it dries up, that is make them go deeper.

President David Stimmel stated, from my perspective in all honestly those are shallow wells out there and it could have an affect. How are you going to get your water?

Dan Weise stated, by well, the water table is fairly high right there. As far as what we have seen.

President David Stimmel stated, the water table and drilling for water are two different things, I guess if you are talking about a water table issue that is a dug well.

Dan Weise stated, right.

President David Stimmel stated, what I’m talking about is how far or where are you going to be able to tap into to provide enough water for 12,000 hogs.

Dan Weise stated, it is just like anything else, you drill a well and find out how much water you have, I guess. I mean that is an unknown. I don’t know how you would know that.

President David Stimmel stated, okay.

Dan Weise stated, other than there are hogs in that area and have been in that area and the wells haven’t dried up yet. I don’t know how else to explain.

President David Stimmel stated, that is fine.

Dan Weiss stated, I’m not a geologist so I don’t know how to even come to an equation.

President David Stimmel stated, I thought you might have talked to someone who has some experience with drilling wells to understand what kind of water flow you can expect in that area.

Dan Weise stated, I mean I suppose you can look at Dave Miller’s an existing operation has been there to know you can find out what the flow has been through that well. Clark’s right up the road you can find out from them. They have not run out of water I guess.

President David Stimmel stated, yes.

Dan Weise stated, how deep you have to go I don’t know.

Bill Walter stated, I just wanted to state for the record that our wells like 41’ deep and when they drilled it they were getting 17 gallons a minute.

President David Stimmel asked, any more comments?

Stephanie Fischer stated, I’m Stephanie Fischer and we live at 52 80 West 250 S., it is just Northeast of there. I have a couple of concerns about the water being one of them. Our well is 28’ deep and I do worry about how much water it is going to take for the hog operation with this. I worry about the smell, I realize they have addressed that, but we are at the top of the hill and there is nothing between us and this hog facility they want to build. If they do this I don’t know if we will be able to open our windows, or hang our cloths on the line. We have kids, I don’t know if we will be able to have the kids out in the yard do to the smell. Property values in another thing on down the line if anyone wants to sell the land if there is a smell or water issue. Any of those things, how much will it bring down our property value. Those are my concerns and I just wanted to make sure I voiced them.

President David Stimmel stated, absolutely.

Attorney Altman stated, would you locate your home on this exhibit. For the record it is just below south of 250 S.

Dan Weise stated, as far as property values I don’t know of any case unless your house sets on a hog farm that it is going to depress property values. I’ve not seen that in any case. If the house was actually on the hog farm I could say that might be true. As far as water quality I think you know that issue has been addressed in many, many cases, and many, many, many settings just like this and I think that has been addressed well. Water quality is not affected if it were then we would be seeing hog production going out of the United States. If that were true. I don’t think we have a case of water contamination. Good stewards of animal life, animal agriculture, and we are doing everything we can within compliance of IDEM, EPA. EPA does have regulations on this we are in full compliance of all of those things. I don’t think there is any problem with contamination ground water. Again as far, I’ve been around hogs my entire life since I was 4th grader in 4-H, I guess when you grow up around agriculture and hogs in this area. Like I said it is an agriculture area, White County is agriculture, it is where a lot of tax base is derived from. This barn will provide, or these 3 barns will provided almost $21,000 of taxes for the County in a year. At least 4 or 5 new jobs like I said it will affect 8 families that will be affective owners of this. Again we will do everything under the power that we have with technology to maintain that unit as a viable working unit that is clean and well kept. That is all we promise to do.

Jerry Thompson stated, while you are there address Mr. Walter’s concern. He is asking about White County’s ordinances. I don’t raise hogs, but while you are there am I right the State really has more jurisdiction over handling of the hogs. Explain that to him.

Dan Weise stated, IDEM regulates manure handling and they have, they take rights over county. Also as far as setbacks IDEM or the State does not have a 1320’ setback that is the County ordinance so there is some discussion whether a county should have more regulations than the State as far as how that happens. I don’t know what White County, I don’t know what you are addressing if that is even an issue to the County of appealing that. I’ve heard things that are going to be appealed, but I don’t know that. It is just rumors.

Jerry Thompson stated, again just things I hear discussed as far as you know White and Carroll County are the most strict two Counties in the State of Indiana as far as things in these matters. I get hear say surrounding Counties that don’t have near the do’s and don’ts that we require of the fellows.

Dan Weise stated, there are some counties that don’t have zoning. I know in Vermillion County there is no zoning. Apparently you can build a building within 5’ of a house if you want to.

President David Stimmel stated, Pulaski County is the same way and I think Carroll County might be the same way.

Dan Weise stated, in light of the County the manure management. I’ve been around I & S Farms for 15 years. I know how they do business they try to do everything they can to do it correctly. I mean that is all you can do. That is exactly how we will conduct business with this farm, we will inject it. We will do everything we can to have a viable operation there and environmentally sound.

President David Stimmel asked, anymore comments?

Irv Furrer stated, I’m Irv Furrer. A couple of things I would like to address. One thing is we do plan to plant trees around the hog barns and there has been studies done that if you plant trees fairly densely around hog barns, that any air that goes out of there spreads it and dissipates it and you probably won't get a hog smell more than a few 100 feet from the hog barn. My self we live on a hog farm that is probably equal size and equal numbers to what this will have maybe a few more. I live 200’ from the hog barn, maybe a little less. We raised our family there, it never bothered anybody and never caused any problems. We do get some odor once in a while when the air is real damp, other than that we don’t get much at all and we live right on the hog farm, like I said it is less than 200’ from the barn. It has never caused us any problems. I think that some of these houses are more than a 1 ½ mile from where we are building this, I don’t think they are quite a mile, they are a little further than that. I appreciate everyone’s concerns and it is good that they are here and care about their neighborhood and their families. It is like Dan said, I’m going to be a very small percent owner of this corporation, but they will finish hogs for us. There will be 7 families involved in this and it is my wish that a lot of my reason for doing some of this is I want to help out some other families. I want them to have an opportunity and even possibly have some retirement for them when they get older. I don’t think, rarely they may smell some hogs, but if you are in the woods or on the other sides of trees very farm it is a fact that it would be a rare thing that odor would not go out. It would stay down on the ground, we do intend to plant trees around these buildings the directions where the wind might blow towards someone else’s property. As far as the well, if any one could prove to us that we damaged their well or hindered their water flow, we would make it right with them. We would drill a well for them and do what we needed to do. That could be a possibility but I doubt that it would happen, but I do know where Dave Miller had hogs, which was basically a half-mile East of this. There was a real good well there and it is 30 some feet deep. We never had a problem with that well. If anyone could show us yes, in fact it would only be right and we would want to help them out if we caused a water problem for anybody.

President David Stimmel stated, Gary do you have something to say?

Gary Woods stated, part of the water thing I think is uh everybody has their shallow wells there because the water is so terrible lower. I don’t know if that is the big question. To me as the one living on the West side of the hog barn, like Irv does probably an easier place in the summer with most South and Southwest generally. My home is or the house on my farm is South, I’m sorry Northeast of these proposed barns and I believe it will make a difference. The smell and including the value. I appreciate the fact that it is going to be in injected instead of, and a few positive things in it, but it seems like we are getting stranded there.

President David Stimmel asked, any other? Yes.

Stephanie Fisher stated, I was wondering about the trees? When do you plan on, you said possibly or when will you plant these and how long are you planning on short ones that will take years to grow up or what is the plan for that.

Irv Furrer stated, we will plant some real fast growing trees. There are some variety of trees that grow real fast. It would be or plan to grow, to plant some trees possibly some evergreens that are slower growing, but we will plant a row of some of these real fast growing trees that get real tall in a hurry so they could get started. They don’t live very long and they don’t do very well, but they would grow up and we would plant those trees as soon as convenient after we had the buildings up.

Carol Stradling stated, before you set down. Do you have a species name or anything like that on those trees or. Aust trees. There are some types of poplars, but they're not very good or hardy. There are a couple different brands of those.

Jerry Thompson asked, Gary from your property to their property, a mile?

Gary Woods stated, it would be close to a mile.

Jerry Thompson stated, just curious. I wasn’t sure.

Gary Woods stated, I wish they were over by Miller’s instead of there.

President David Stimmel stated, Charlie you have something.

Charles Mellon stated, I’m Charles Mellon and we have been in the hog business for long time. He has been out sales man for 20 some years or more. What he says about the technology and the new stuff they put in the feed to take care of the odor does help greatly. They put something in the pit and I don’t be around it much anymore, but two boys and grandson up there doing a job and I would say the Furrer’s is one of the operations is one of the most elite in the County with Moss’s up by Headlee. They’ve got 12 to 15 hundreds. They are doing a wonderful job. I just hope that people realize some of you on the board have not been around livestock or hogs or anything like that. These people are telling you the truth about it.

President David Stimmel stated, yes.

Michael Wagenbach stated, Michael Wagenbach and as a part owner of this facility this is not how I want to represent the night. I live on a farm that has Irv Furrer’s manure spread all around it. I can tell you there is a difference in producers. There have been times where other hog farmers have spread manure that makes water come to your eyes. Also I work at the local ambulance service at Wolcott and just riding in the back of an ambulance I didn’t have to see where I was I could tell that a hog farmer had just spread hog manure. My father-in-law does spread manure all around our farm and our children are out there. I feel that it is a very safe operation and as far as smell, there is always going to be some odor when manure is spread. That manure was spread topically and that is something he is moving away from. For a day or two and especially if it rains there is an odor, but I have a lot of people who do come down from Chicago city folks and they don’t have a problem with it. They smell it and they can tell that there has been a little bit of hog manure spread. They think it is old and has been there a while. I just wanted to say there is a difference.

President David Stimmel stated, you talked about buying the unit for injection. Would there be any circumstances where they might apply the manure topically at all?

Dan Weise stated, it would be with every intention to inject at all times. You know the way the structures are 8’ deep pits and they have 365 days of capacity, that is IDEM’s regulations. So in that time you should be able to find in the summer, inject in a wheat stubble or in the fall or the spring you should be able to find time for that kind of capacity that should not have to apply on top.

President David Stimmel stated, but it is legal to topically.

Dan Weise stated, it is legal to apply on top and we have a permit for that. Our intention is, again Irv has spent $80,000 on a new wagon to do this, to use GPS, basically to try to use the new nutrient value for that manure to get away from commercial fertilizers which we talked about hog manure being damaging, it is not, it is more organic, more natural than commercial fertilizer. As hog producers we have strict regulations on what we can do.

President David Stimmel stated, my comment is that most people that complain on that, they have a septic system in their back yard that is twice as much of a problem.

Dan Weise stated, there are no crops taking off nutrients on that septic system.

President David Stimmel stated, that is right. Half the leach beds are failing or have failed.

Dan Weise stated, in this you have to realize and maybe not everyone realizes a crop takes off nutrients out of the land every year. Nitrogen is gone, phosphorus taken up potassium is taken up and so it is not like you are continuing loading the ground. Let me say one more thing, through new technology of FY Taste is a enzyme if you are familiar with crop productions unlocks phosphorus locked in corn a bean. A pig can not digest the phosphorus that is locked in that because they don’t have the enzymes to basically take the phosphorus off the ???. Fy Taste that United Feeds is developing we can now reduce phosphorus 60% coming out of the pits. That is huge. We are using technology there, we are already employing that, we are reducing the phosphorus coming out of those pits 60% of a normal corn/soybean meal diet that has dical in it. We are personally taking out all of the dical out of it. So again we are doing everything we can to insure we are not loading the ground with phosphorus. That is again we will be well in compliance with IDEM on phosphorus regulations.

President David Stimmel stated, I’m sorry go ahead.

Tim Burnside stated, I’m Tim Burnside and I will be the closest living person to this hog facility. I have managed hog units since 1978, I’ve worked for several large corporations before. I worked for Irv since 1993. Irv does an exceptional job with everything we do in all aspects of what we do and hog manure handling even up to the point of handling hogs or I still wouldn’t be here. My brother is also going to be one of the partners in this operation. He is currently working for Tosh’s Farms in Tennessee, they have at this present time 15,000 sows going to 20,000 to 25,000 sows. My brother Mark would not be coming up here if he didn’t feel confident in a way I & S Farms handle their end of it to be a part of this new facility. It is giving us an opportunity to join our families and I realize everybody has issues here tonight and it is more of an emotional issue so I will throw in my emotional issue. This is a great opportunity to draw our families back closer together. From everything I have heard tonight I don’t think it is so much the issue of contamination of the ground water. Everyone is worried about smell and that is great. I think you should be concerned about that. Everything that Dan has presented is true. I’ve lived on hog farms no further away than 60’ to 100’ all of the time we raised our family. I have grandchildren now and I fully intend to be around awhile. I have worked within confinement units since 1978 everyday of the year other than my days off. I’m still kicking. My brother is the same way. We will take care of this facility so it does not hinder anyone’s out door activities. I feel that most of the houses are more than or far enough away and I feel that I should be able to voice that opinion that there will not be a problem with smell. There will be smell from time to time. You are going to smell it. To pick on Michael back there, his dog operation if I walked in there I about gag. It is foreign to me, I’m not use to that smell. If I go back home to my dad’s sheep operation sometimes that bothers me a little. I like all kinds of animals. A different smell I’ve gone by chicken operations and I can’t take that at all. So there is a smell with any type of animal, there are smells with processing facility with cities. This is just a given, but we will do the best we can to keep this from being a problem for anyone.

President David Stimmel asked, can we have the board have some discussion?

Carol Stradling stated, before you set down Mr. Burnside. You own the house that will be closes to this?

Tim Burnside stated, yes.

Carol Stradling asked, do you currently live there?

Tim Burnside stated, yes.

Carol Stradling asked, you plan on continuing to live there?

Tim Burnside stated, yes, my wife has a licensed daycare in the house as well.

President David Stimmel asked, Gary?

Gary Barbour stated, no.

President David Stimmel asked, Jerry?

Jerry Thompson stated, I’m done.

President David Stimmel stated, Tina I’m going to pick on you because you are the second one and you are within that. Is there anything you want to make a comment about?

Tina Stoller stated, no.

President David Stimmel asked, Diann?

Diann Weaver stated, Diann Weaver. I realize that hog farms need to go somewhere and I realize that this is an agriculture area. I also realize that Furrer’s do own and I don’t know about Sand Ridge Farms, but I do know that they own property all over this County. I feel even though this is going to affect 8 families favorably, what gives them the right to come into an area that is populated with several homes that is going to affect 8 families or more unfavorably. These are homes and families that have been there for many years. So please consider this.

Dan Weise stated, I would like to reiterate there are already hogs in the area.

President David Stimmel stated, right.

Dan Weise stated, this is not an area that has never seen hogs, this is an area that has hogs and always will have hogs.

Rod Weaver stated, I’m Rod Weaver the hog facility that they are talking about how many heads does Miller have.

Dan Weise stated, well none now.

Rod Weaver stated, we are talking about 12,000, how can you compare that small operation to 12,000.

Dan Weise stated, Clark is right across the street with several sows up North.

Rod Weaver stated, what guarantee do we have, last year you had wheat stubble there, I don’t now how many semi loads of manure you just brought in, dropped it and it laid there all year, we got the smell, every time it rains, the smell comes back.

Dan Weise stated, like I said we are going to inject.

Rod Weaver stated, I guarantee it if the ground is to wet you guys don’t inject it, you bring the semis and you fall behind and then you guys bring semis back in there.

Dan Weise stated, if it gets to wet you can’t bring a semis in there. Like I said we have 365 days to get manure hauled. Which should give us ample time in dry weather to haul manure and inject it.

Rod Weaver stated, so you are saying you won't bring semis in like you have in the past and just drop it out on the ground.

Dan Weise stated, that is not the plan, the plan is to inject all of the manure.

President David Stimmel asked, anything else from the board?

Ruth Martin stated, I’m Ruth Martin, my husband Dent and I own a farm about a mile and half East of where this operation is being planned. We have lived in this neighborhood all of our lives, we have owned the same farm for over 50 years. We have enjoyed this neighborhood. Yes he is right we do have hogs South of us and hogs East of us and we have hogs North of us, but we do not have hogs to the West of us. Most of the winds in our area come from the Southwest and that is where this operation is located. It will affect the value of our property. We have property that people have wanted to build homes on. We have property that has trees on it, and we have not sold to them because we like our privacy there. In fact we bought that property to keep a farmer from going in there to raise 12,000 hogs right across the road from us. I think the other neighbors are correct it will devaluate the value of this neighborhood. It has been a nice neighborhood to live in and we don’t need another 12,000 hogs with the semi’s running up and down the roads, we get that from the neighbors we have, the semi’s hauling the manure up and down the road, hauling the livestock to and from market. I don’t have little children, but I know there are little children in the neighborhood that need to be watch carefully when these big trucks are out on the road. I’m just here to say that I’m sorry that the whole neighborhood would be changed by this large operation.

Dan Weise stated, to imply that you have to watch children because trucks are going down the road, I understand I have 5 children of my own I don’t let them run near the street. But to imply that agriculture or a farm is going to harm children because a truck is going up and down the road. That is no different than a car going up and down the road. I don’t see how that argument holds water with any other traffic on the road. There are dangers in everything that you do. I think that is not a valid claim that we are going to have to watch children much more then we did before.

Sandy Walter stated, Sandy Walter, wife of Bill Walter, I would like to say that I understand that these people are hog farmers, but yet if they were in our shoes and not hog farms I think they would all feel the same way that we do.

President David Stimmel stated, Bill one last time.

Bill Walter stated, I just like to pose one question, if their on the cutting edge of agriculture technology like they claim to be, how come they are one of the last ones to start knifing it in and have been topically applying it all of these years. Davis’s, have knifed theirs in, the new one on 325 S and 450 W and Clarks as far as I know ever since I’ve moved to the area, they have always knifed theirs in.

Irv Furrer stated, the reason that we haven’t injected our manure is because we are no till farmers and in the past they have not had very good equipment to inject in no till without disturbing the soil. Our government pays dividends and they have programs to pay farmers to not till their soil. They have a CSP program that if you do certain farming practices only if you do good enough farming practices which they are striving to build organic matter in your soil to maintain your fertility to spread your fertilizer by variable rate. Spot spread it where it is needed which we do all of these things, and because of good farming practices being good stewards of the soil we are eligible for this and the Government does give us some payment for this because we do it. They do now have equipment that does a pretty good job of injecting the manure without disturbing the soil too much to be able to no till it. So I don’t know it wasn’t a good farming practice to put the manure on the top, we probably lost more of the fertilizer value so we want to save that and do everything we can to do that. Like Dan said we will have global positioning even on the manure wagon we can monitor what we put on, we can even monitor rate spread it to watch the areas. As far as the odor from whatever hog farm, we drive by a hog farm that has no more, I don’t think they have 1,000 hogs on the farm and it makes the tears come to your eyes when you drive by. It is so bad that I turn my fan off and I go out way at all cost I will not drive by when they haul manure. That is a hog farm and they don’t have a 1,000 hogs on the farm. I know I have talked to people about spreading manure and they comment we didn’t even no you spread and we are within a half mile of them. So as far as getting a lot of odor like a mile away from us, I just think that would be, I think it would be rare they would smell the hog farm a mile away. I’m not saying they never would, but I would say the odor that someone would get from this hog farm a mile away is going to be very soil.

President David Stimmel stated, thank you. If there is something new. We need to give the board time.

Carol Stradling stated, can I make a motion if this pass that we make, I’ve heard Mr. Furrer say they will make the wells right, I think that needs to be documented and followed up on. I’ve heard him say he will plant quick growing trees, the Aust trees and also follow-up with some longer lasting trees.

Dan Weise stated, if it is stipulated in a variance that we will make wells right and that is fine. Those wells should be tested before and document at what level those wells are, it would be very easy to say that this well is no longer good, so I think in our defense that would have to be done before someone can come and say that well is bad.

Carol Stradling stated, I would agree.

President David Stimmel stated, it would have to be a proven detriment to the well. I agree.

So do you want to make it a motion?

Carol Stradling stated, I make the motion that for the record he has indicated that he will make the wells right if they are proven to have failed because of the hog operation requiring the water it will and that those trees will be planted, quick growing and long lasting trees. It is not the owners the property.

President David Stimmel stated, I will second it. Any other discussion? All in favor? Motion carried 4 to 0. Just to make sure we are clear you need to test and document your well before the facility goes in.

Dan Weise stated, who is going to document those well, is that one person who will document those well.

President David Stimmel stated, I can only give you my opinion, and that would be that the landowner and you would have to work out.

Dan Weise stated, that needs to be documented by a proven source where those wells are to begin with.

President David Stimmel stated, I can’t give you an answer on that, we can’t jump into that.

Dan Weise asked, how wide of a range does that take into play? You can’t go 5 miles or 10 miles, I mean that has to be in a very fine range of that farm.

Attorney Altman stated, he said if it is damaged, he would replace it.

President David Stimmel stated, it has to be proven that it was damaged.

Dan Weise stated, let me ask a question, if it is 10 miles away.

Attorney Altman stated, you have to prove it, I didn’t say it would be every well in the world. I’m phrasing this Mr. Furrer said if they damaged it, they would make it right.

Dan Weise stated, I understand that, but there has to be a perimeter of how farm out.

Attorney Altman stated, I don’t think there has to be that.

President David Stimmel stated, as long as it can be proven the damage was the result of the hog operation. That in its self limits it. Common sense would say that would limit.

Dan Weise stated, you have to set a limit.

President David Stimmel stated, if someone from South Bend Dan says there well went bad.

Dan Weise stated, what I’m saying is someone 4 miles away or that sees this in an ordinance 4 miles away, well my well failed, that is their fault. I’m just saying there has to be some perimeter around that, I mean.

President David Stimmel stated, they have to prove that it was caused by the operation.

Carol Stradling stated, that wouldn’t come before our board anyway, it would go to another body to decide.

Dan Weise stated, let me ask one more question. How do you determine who’s well you test before hand?

Carol Stradling stated, can we put the question back to Mr. Furrer, what was his intent in guaranteeing that. I’m just putting down on the record what he stated.

Dan Weise stated, I want to make sure we understand what that is.

Irv Furrer stated, I understand what you are saying, that it is hard to tell exactly what the different water in the ground is and you can have a flow of water that moves under ground for as much as a mile or so or even more. Anyone who is concerned about their well to get possibly a well man to pump your well and see what the advice and the level of the well and if they do that and there is a problem come up and a professional says he feels that we damaged the well that is good enough for us and I think that is only fair. If we damaged someone well, it is only right that we would want to make it right.

President David Stimmel stated, I wasn’t trying to blow it out of proportion, there has to be some common sense on this. Are we ready to vote?

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 objectors were present at the meeting, but the occupants of the other homes within 1320 feet did not object to this Variance and they were present.


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


6. That the request is for a 500’ separation variance from a hog confinement building to the nearest dwellings not located on the same tract, namely:

Commencing at the West quarter corner of Section 10, Township 26 North, Range 5 West in West Point Township, White County, Indiana; thence South 00 degrees 54 minutes 00 seconds East along CR 600 W. and the section line 1,496.00 feet to the point of beginning;

Thence South 89 degrees 55 minutes 46 seconds East 1,100.00 feet; thence South 00 degrees 54 minutes 00 seconds East 600.00 feet; thence North 89 degrees 55 minutes 46 seconds West 1,100.00 feet to the section line; thence North 00 degrees 54 minutes 00 seconds West 600.00 feet to the point of beginning, containing 15.149 acres, more or less.

COMMON DESCRIPTION: The property is located in West Point Township on the East side of C.R. 600 W, between C.R. 200 S and C.R. 325 S.

7. That this area was mostly farmland used for farming.


8. That the applicant agreed:


A. That the enterprise would use all the latest and most effective technology and practices to reduce and minimize the odor of the units and continue to adopt new practices as they develop to do the same throughout this use of this facility;


B. That they would install, plant, and maintain Aust trees that would reduce and minimize any odor from the beginning throughout the use of the facilities;


C. That if the enterprise is found to harm another water well; it would correct and make it right for the owner of that well;


D. That applicant’s other units for hog production did not bother their neighbors and these units would be operated at least as well, therefore the impact would be nominal and consistent with the A-1 Zoning classification and use.


9. That the applicant shall operate the facilities consistent with any proposals, restrictions, and commitments that they presented to the Board of Zoning Appeals at the hearing either written or oral.


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


The variance was granted based on the findings of fact by a vote of 4 affirmative and 0 negative. This is subject to the conditions on the record.


Attorney Altman stated, you need to get your building permits and comply with the restrictions and practices.


****


#2506 Larry L. & Constance L. Dunn; The property is located on Lot 13 in Troegers Shore Acres, located West of East Shafer Drive at 3456 N. Shore Acres Court.

Violation: None

Request: They are requesting a 1’ height variance to build an addition and to change the roofline of an existing detached garage.

President David Stimmel asked, you are sir?

Larry Dunn stated, I’m Larry Dunn and I was here a month ago that we were adding a third bay on to the garage. We were make the roof with the same pitch that we had before, when we check the height variance we found on one end we were 17’4 on the other end and it was 17’6 because of the way the land lies. So we’ve got the trusses on order, we’ve talked to Ms Weaver and she said we had to appear and have another variance. Construction stopped we are not in violation, as soon we found out we were not in code we stopped.

President David Stimmel asked, any fan mail on this?

Director Weaver stated, no we did no receive anything on this.

Larry Dunn stated, I’ve talked to the neighbors in fact the one neighbor his garage is going to be higher than mine.

Director Weaver stated, I have talked to the building inspector today and after I went out to the property yesterday and took pictures of it. The original request was to build an addition and to bring the existing building into compliance and there was a permit issue to build an addition and change the roofline for storage above. When I went out to the property to take pictures and I came back because I had concerns and showed the pictures to the Building inspector. He then went out to the property and it appears that the entire building has been taken down with the exception of 2’. So we are looking at a new construction not an addition.

Larry Dunn stated, that was not our plan and what happened when they started to get into the building and to start to replace the original structure there was a lot of dry rot and rot damage to the structure to itself.

Director Weaver stated, but at the time that was realized the Building Department and Area Plan department both should have been notified.

Larry Dunn stated, I guess I didn’t realize that.

Director Weaver stated, you have a local contractor correct.

Larry Dunn stated, yes, I can’t speak for why he, I have no idea.

Director Weaver stated, I just wanted this pointed out to the board.

Larry Dunn stated, you are right and when we started tearing it there was a lot of dry rot and it became.

Jerry Thompson asked, who is the contractor?

Director Weaver stated, Dave Shepler, Shepler Construction from Logansport, he has been in front of the board before.

Larry Dunn stated, he is familiar with Monticello, yes.

Director Weaver stated, yes he is.

Carol Stradling stated, Diann you said there is 2’ remaining.

Director Weaver stated, when you look at the pictures…

Carol Stradling asked, is that where the meter is?

Director Weaver stated, yes. The building inspector says there are 3 studs and about 2’.

Larry Dunn stated, she is right The one wall came out, the back wall was going to be extended and the other wall was going to be jacked up and new block laid to straighten out the wall. When they started that there was so much rot because of water damage because it set on the ground all of these years, there was tremendous water damage and the wood was rotted out and it became more economical to replace it.

Carol Stradling asked, why did you leave the 3 studs then?

Larry Dunn stated, because of the cost that is where the power comes in to the garage and originally that was going to be there and we did not change where the power came into the garage.

Director Weaver asked, Attorney Altman is this properly before the board? Do we need to re-advertise this? The original was request was to bring the existing garage into compliance. That is also stated on that request, that it was to build an addition and change the roofline.

Attorney Altman stated, and bring the existing attached garage into compliance.

Director Weaver stated, that was on the original request yes.

President David Stimmel asked, are you staying on the same foundation?

Larry Dunn stated, yes, we have not changed. We just started, honestly if I had know I probably would have stayed with my two-car garage. I’m not trying to circumvent anybody, I’m not trying to do things not proper, I’m just trying to have a third bay in a garage. That is all I wanted. I think the fact that we were honest in and go head and put the trusses up indicates I wasn’t trying to do something wrong.

Attorney Altman stated, I don’t know Diann on this. I’m trying to figure this out, I wasn’t aware that this was an issue until right this second.

Larry Dunn stated, like I said my contractor did not tell me it was an issue.

Director Weaver stated, that is because it wasn’t discovered until this morning.

Larry Dunn stated, seriously, I mean I’m just trying to do it right people and that is all I’m trying to do.

Director Weaver stated, really it was this afternoon when the building inspector went to look at it.

President David Stimmel stated, do you want to take a minute to study that Jerry.

Attorney Altman stated, now the existing garage is not there is what you are saying.

Director Weaver stated, that is correct.

Carol Stradling stated, the garage we see here is the neighbor.

Director Weaver stated, yes, yes. I have the old file if you want to see previous. Anybody else want to see it?

Attorney Altman stated, Diann does the fact that the old garage isn’t there is there a significant change such that it needs to be described as part of this request in the variance. In other words even though the existing garage isn’t there anymore, the fact is it isn’t there and does it make a significant difference in the request?

Director Weaver stated, I guess I can’t answer that I guess the board would have to answer that because if they had it properly in front of them at the last meeting would they have approved or continued it, I believe it is very close to the neighboring garage. There is only 4’ between him and the other garage.

Carol Stradling stated, 6’ according to the survey, it doesn’t look like 6’ I wouldn’t want to lay down between them. I’m not 6’ tall.

Larry Dunn stated, we had Mr. Milligan lay it out, so I mean I suppose had I known that I would tore it down I would have asked for that when I came a month ago. But we get into construction and it was rotted and it became very evident to replace it. I’m sorry. I wasn’t trying, I’m not trying to put anything over o this board.

Attorney Altman stated, I don’t think that is the question proposed to me anyway. Whether it is properly advertised, in addition.

Larry Dunn stated, I’ve talked to both neighbors and they have no issues.

Director Weaver stated, right we have not received anything.

Larry Dunn stated, both have been up since we started construction. I will have to abide by what you say.

Attorney Altman stated, so the request for 1’ isn’t really a problem, it is whether they’ve gone beyond changing the roof line of the existing garage, is what the potential difference in whether it was properly advertised this time.

Director Weaver stated, they changed the roofline and addition.

Attorney Altman stated, position of the wall change the variance.

Director Weaver stated, not to my knowledge.

Larry Dunn stated, no it did not. It is the same walls.

Attorney Altman stated, I’m looking at this as an imperical matter if it didn’t change out of compliance if you will then it is probably advertised properly.

President David Stimmel asked, Jerry?

Jerry Thompson stated, no.

President David Stimmel asked, Gary?

Gary Barbour stated, no.

President David Stimmel asked, Carol?

Carol Stradling stated, no, I thought he was adding onto the garage and the neighbor's garage is so close, but he is not moving any closer to that.

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. This proposal does not change significantly the previous variance request. This request and previous request are similar to the structure that existed and consistent with the neighborhood structures in height, size and distance to the lot line. There is ample room for an emergency vehicle to enter and service the homes and neighborhood.


7. That the request is for a 1’ height variance to build an addition and to change the roofline of an existing detached garage on Lot 13 in Troegers Shore Acres in Liberty Township, White County, Indiana.

COMMON DESCRIPTION: The property is located West of East Shafer Drive at 3456 N. Shore Acres Court.


8. That the variance 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 variance is based on the findings of fact so made that are required to be made under the provisions of Section 10.10 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorizes the above said variance under the above said sections of the zoning ordinance.


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


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


Larry Dunn stated, I will let Dave Shepler know, I will.


****

Appeal #5 Rangeline Properties, Inc. and Jeffrey T. VanWeelden, Appellants; Appellants are appealing the White County Area Plan Commission decision to deny the applicant’s access across the two lots as set out in your letter of January 27, 2006.

President David Stimmel stated, this has been tabled.

****

President David Stimmel asked, is there any other business?

Director Weaver stated, I have a letter a couple of months ago a copy of a letter from Mr. Bumbleburg and we’ve never had an opportunity to discuss this letter. I have the original here if anyone wants to refresh their memory.

Carol Stradling stated, yes, I need refreshed.

President David Stimmel asked, Terry did you want to speak?

Terry Beasy stated, I can give you some information that might help you on your next hog farm. I wasn’t sworn in, IDEM identifies the term aqua as a pool of underground water and they refer to aqua of significant as covering more than one square mile. That would be the maximum affective rate you would find it affect on any other wells.

President David Stimmel stated, however I can tell you that when O’Farrell’s farms went in up ???, I have a brother-in-law that lives up on the East side of 55 and I guarantee the water in his well dropped 20’ when they started pumping all of those irrigation wells.

Terry Beasy asked, how deep was the well?

President David Stimmel stated, I can’t tell say for sure, I can say for sure.

Terry Beasy stated, typically it will drop a head level it won’t I mean.

President David Stimmel stated, right the head level, I’m not saying.

Terry Beasy stated, it does have an affect but it won’t dry them up.

President David Stimmel stated, Diann’s question is how do we want to proceed on this?

Carol Stradling stated, I know this sounds funny, but I really haven’t been here for most, when this has come before the board, I really haven’t, I apologize for being late.

President David Stimmel stated, I read the letter and my first impulse was it didn’t do us a heck of a lot of good quite frankly. That is what I recall.

Jerry Thompson stated, yea that is not what I expected to hear from.

Director Weaver stated, me either.

Jerry Thompson stated, I was disappointed I really thought we were going to get more.

President David Stimmel stated, we were looking for guidance and I don’t think we received.

Director Weaver stated, he has asked me if this is what you were looking for the answer you were looking for. The type of answer you were looking for I guess we need to re-contact him and let him know that.

Gary Barbour stated, do we have the juice to pursue the fine or should we walk away from it.

Jerry Thompson stated, that is exactly.

President David Stimmel stated, well put Gary that is exactly what we were looking for.

Director Weaver stated, I feel he has answered that in an indirect way.

Carol Stradling stated, he is leaving it up to the board to make the decision. These are the facts and…

Gary Barbour stated, if he is giving us a direction why that direction. That is my question. Give us something to support that.

President David Stimmel asked, Jerry did you want to discuss the 2 to 2 vote last time?

Attorney Altman stated, it is a part of what was tabled, I really don’t think it is appropriate to do that.

President David Stimmel asked, any other business?

Jerry Thompson stated, I have one comment about the hog barn. I know your thoughts Diann and I know your feelings. I like the idea of the trees I think it is going to be a plus.

Director Weaver stated, I don’t think it will do any good.

Jerry Thompson stated, I think it will I think you will be surprised. I wish more would do that.

Director Weaver stated, the one North of us did that and they are only so tall and it has been 5 years.

Carol Stradling stated, if I recall when Indiana Beach came with the Yogi Bear they were putting those Aust tress in, and I haven’t seen them grown.

Attorney Altman stated, they’ve grown.

Charles Mellon stated, they do work when we put up our first one in 1972 we put 4’ pines and they are probably 20’ high, I’m not saying they control the smell.

The meeting adjourned.

Respectfully submitted,

Gary Barbour, Secretary

Diann Weaver, Director

White County Area Plan Commission