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The White County Board of Zoning Appeals met on Thursday, July 27, 2006 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

Visitors attending were: Shawn Whitaker, Stephanie Whitaker, Charles R. Mellon, Tina Bernacchi, Jeff Tanner, Les Musall, Gordon Palmer, Elizabeth Wilson, Charles Crispin, Doris Crispin, Don Good (Good Oil), Jerry McGinty, Pat McGinty, Rusty Walters, Cindy Walters, Troy Furrer, Karen Lehe, Don Furrer, Robin Hessler, George W. Loy, and David W. Carroll.

The meeting was called to order by Vice President Carol Stradling and roll call was taken. David Scott made a motion to dispense with reading and approve the minutes of the June 15, 2006 meeting. Motion was seconded by Jerry Thompson and carried unanimously. Attorney Altman swore in all Board members and audience members.

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#2532 Jerry R. & Patricia A. McGinty; The property is located on Lots 7 & 8 and E ½ 6 in Amos Oakcrest 3rd Addition, located North of Lowe’s Bridge at 4496 E. Oakcrest Drive.

Violation: None

Request: They are requesting a 28’ front setback variance to build a new home.

Vice President Carol Stradling asked, is there anyone here representing this request?

Jerry McGinty stated, I’m Jerry McGinty and this is my wife Pat. We’ve lived at this present location since 1972 and it is an older home and instead of remodeling we have requested the variance to put up a new house. We have about 100’ of land in front of us and that is where I would like to put it on the same foot print where it is now, that is what I’m looking at with the code of the county at the moment.

Vice President Carol Stradling stated, when you refer the front you mean the roadside.

Jerry McGinty stated, no the lake side.

Vice President Carol Stradling stated, the lakeside.

Pat McGinty stated, the house is about 100’ from the lake and the new house is going to go just


about where that one is.

Director Weaver stated, they do not own the property in front of them, that is SFLECC and they own quite a bit of land between their lot line and the lot. I tried to show that in your pictures.

Jerry McGinty stated, SFLECC said they would send a letter saying all right with them that they had no problems with that.

Director Weaver stated, I don’t know if we have received that.

Attorney Altman stated, I didn’t see a copy of that.

Vice President Carol Stradling stated, in your survey it looks like if your new property will just be 6’ off the property line. What you are indicating now that this is an additional 95’ more or less to the water’s edge. Jerry any questions?

Jerry Thompson stated, I just think how ever we vote on this it would be in condition that we do get some kind of correspondence from the SFLECC, other than that I don’t have any concerns.

Vice President Carol Stradling asked, Dave?

David Scott stated, it looks like it is going to be further from the East property line than the existing house.

Jerry Thompson asked, I sorry should that have been a motion.

Attorney Altman stated, yes it should be.

Jerry Thompson stated, I move that we vote on this according getting approval or correspondence from SFLECC.

David Scott stated, I will second it.

Vice President Carol Stradling stated, all in favor say “aye” all opposed? Motion carried.

David Scott stated, we will approve this with that condition.

Vice President Carol Stradling asked, do you understand what the motion was?

Jerry McGinty asked, does that mean I have to go see them to get a letter before I get a permit.

Attorney Altman stated, yes.

Jerry McGinty asked, it is not in the file?

Attorney Altman stated, I do not see it in the file.

Jerry Thompson asked, how long did you contact them?

Jerry McGinty stated, same day I filed the permit, about 5 or 6 weeks ago, I spoke to two gentlemen over there.

Attorney Altman stated, I do not see it here.

Vice President Carol Stradling asked, Gary any questions or comments?

Gary Barbour stated, no.

Vice President Carol Stradling asked, anything from the audience? Are we ready to vote?

Attorney Altman asked, I have a couple of questions. Your current structures single story.

Jerry McGinty stated, yes.

Attorney Altman asked, will your proposed structure be single story?

Jerry McGinty stated, yes it will.

Attorney Altman asked, is it on the sewer?

Jerry McGinty stated, yes it is.

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. The proposed home will be within the front footprint of the old home and single story. They shall secure approval of their siting of the home from SFLECC.


4. That no objectors were present at the meeting.


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


6. That the request is for a 28’ front setback variance to build a new home on the East half (1/2) of Lot number six (6) and all of Lot number Seven (7), and all of the lot number eight (8) in Amos Oak Crest Third Addition, being an addition situated in the Northwest Quarter (1/4) of Section Thirty-two (32) township twenty-eight (28) North, Range Three (3) West, and out of the Southwest corner of the Southwest Quarter (1/4) of the Northeast quarter (1/4) of Section Thirty-two (32) Township Twenty-eight (28) North, Range Three (3) West, in Monon Township, White County, Indiana.

COMMON DESCRIPTION: The property is located North of Lowe’s Bridge at 4496 E. Oakcrest Drive.


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


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


Attorney Altman stated, you need to get permission from SFLECC before you get your building permit.

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#2533 Shawn W. Whitaker and Stephanie M. Cox; The property is located on Lot 7 in Wildwood Subdivision Part 1, in the City of Monticello at 400 Heritage Road.

Violation: None

Request: They are requesting a 6’ rear setback variance to build a 6’ privacy fence.

Vice President Carol Stradling asked, is anyone here to represent this?

Shawn Whitaker stated, good evening I’m Shawn Whitaker and this is Stephanie Whitaker. We have pictures of the fence we tore down the condition it was in and not knowing that we were on an easement. I can show you a picture of the fence the quality it was before we tore it down. The picture is of the fence when we first moved into the house. If you look on the survey you can see where the fence was located before. We are wanting to put the fence back and I talked to Diann. She said I had to put in. I would like to put it…

Stephanie Whitaker stated, exactly where it was.

Shawn Whitaker stated, exactly where it was on the property line. If you look on the survey.

Jerry Thompson stated, we each have one.

Shawn Whitaker stated, on the survey you can see the existing fence off to the right hand side of where all the other fences are in this neighborhood are. We would like to be back to where the fence was instead of being on the property line, we can do either one. We just need a fence back up there.

Stephanie Whitaker stated, we have a two-year old daughter and we don’t want anything happen to her. We would rather have a fenced in yard.

Shawn Whitaker stated, I do realize that there is a 10’ easement and I talked to Diann and she said we would have to put a 10’ gate up there.

David Scott stated, that is a utility easement normally if there is any work that needs to be done you know the fence would have to come out.

Shawn Whitaker stated, yes we understand that.

Director Weaver stated, Dave what I told him was he might possibly be able to do is put a gate there across that and that is the only way I saw possibly that could be done.

Attorney Altman stated, he can do that and that can work, but if the utility company says move it and leave or get it out of there and they do anything to it, you can’t interfere with the utilities.

Shawn Whitaker stated, we understand that and in that case if there is an emergency and they need to get through there, tear down the fence. I don’t care, we just want the fence for our daughter’s safety. She is 2 and the fence was there before and it was falling apart when we moved in and we knew the condition and it just took 4 years to get to the point to replace it and we tore down the whole fence to try to do it right, we tried to get a building permit and it has been a long road since then.

David Scott asked, what is on the other side of the fence?

Shawn Whitaker stated, it is a lot behind the fence.

Director Weaver stated, it has been subdivided behind him and it is a business lot, there is no structure on it at this time.

Shawn Whitaker stated, here is a picture of it.

Attorney Altman stated, accepted exhibits A-E.

David Scott stated, where was the existing fence and what you are proposing is that on someone else’s property.

Shawn Whitaker stated, no it is on our property.

David Scott stated, it is on your property line.

Shawn Whitaker stated, on the survey doing what Diann asked me to do, the survey put the proposal on the line, but I want it even with the other property.

David Scott stated, okay you aren’t building on someone else’s you are just building on the easement.

Shawn Whitaker stated, yes, like I said we can stay behind the easement, but I would rather not.

Director Weaver stated, I suggested to him that he request to go on the property line because I did not know if we could grant a variance to build a fence on the easement.

Vice President Carol Stradling asked, anymore questions or comments?

Jerry Thompson asked, any response from the adjoining property owners?

Director Weaver stated, no.

Vice President Carol Stradling asked any comments from the audience?

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. The fence will be removed by any utility if needed per easement and not interfere with the easement. Applicant shall put a 10’ gate along the fence.


4. That no objectors were present at the meeting.


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


6. That the request is for a 6’ rear setback variance to build a 6’ privacy fence on Lot numbered seven (7) in the Floyd O. Hall Wildwood Subdivision Part 1, in the City of Monticello, White County, Indiana.

COMMON DESCRIPTION: The property is located in the City of Monticello at 400 Heritage Road.


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


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


Attorney Altman stated, subject to the applicant understanding that if a utility of any sort wants to remove this fence they can do so. They voted on this variance #2533, 4 votes cast, 4 votes vote that the variance is hereby granted. You need to get a building permit before you proceed.

Shawn Whitaker stated, I have a question for you guys. Which part, on the property line or where it was before?

Attorney Altman stated, voted on the way the application was received.

Shawn Whitaker stated, okay, that’s fine. We have to put a 10’ gate on the side, right? Or some way for them to get in there.

Attorney Altman stated, that’s right. And they may remove it and then you would have to put it back. I think you ought to make sure you make it so…

Shawn Whitaker stated, like I said before that is not a problem. Every house along there has that fence along there so if they’re going to rip ours out they’re going to make our neighbors happy too. So we aren’t going to be the only ones.


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#2534 Troy L. & Lisa M. Furrer; The property is located at E NE 31-27-5 10.368 acres and W NE 31-27-5 6.146 Acres, located East of Wolcott at 8300 W US Highway 24.

Violation: None

Request: They are requesting a 70’ separation variance from a Hog Confinement building to the nearest dwelling not located on the same tract.

Vice President Carol Stradling asked, is there anyone here to represent this request?

Troy Furrer stated, I’m Troy Furrer and I have brought with me this evening our Veterinarian Karen Lehe and my Dad, Don Furrer and neighbor Robin Hessler on the Town Board there at Wolcott. I have lived in the area since 1974 and I have farmed all my life full time since 1990, lived at the currently location since the fall of 1990 and I’m adding to an existing operation not building a new hog confinement building. I have taken down a building and I’m requesting this variance to put back a new building. I would be increasing my operation from 100 sows to 350 sows and finished operation. I would add at least one full time employee and I have never had a spill or violation with IDEM with any manure problems. I haul manure from early spring to late fall. I spread the manure according to soil samples so I do the soil sampling to find out where the new drench is needed. I record that area covered with a GPS mapping so we know where it is all applied and part of this whole plan is I have a 16 year old son that would like to farm and I feel that we need to keep some jobs in this area so our young people don’t have to move away and get jobs else where. I’m 70’ less of a ¼ mile required distance, so I need this 70’ setback variance to proceed with the building.

Vice President Carol Stradling asked, any fan mail?

Director Weaver stated, no I have not received anything. I apologize I do not have pictures of this.

Vice President Carol Stradling asked, any questions or comments from the board? We will start from the other side.

Gary Barbour asked, whose house is the closest to this property?

Troy Furrer stated, Jim Maslan. It is over on 800 W, the barn I took down was closer then the one I’m building new.

Vice President Carol Stradling asked, the building that you took down, was it a hog?

Troy Furrer stated, yes.

Vice President Carol Stradling asked, so it housed hogs there previously, it is just being torn down?

Troy Furrer stated, yes, it was an old barn in bad need of repair and I thought with my son wanting to farm I thought it was time to up grade and…there was a current hog confinement there, there are two other finishing buildings there.

Vice President Carol Stradling asked, Dave any questions?

David Scott stated, the fellow that is to close to this, does he have a problem with this or anything.

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

Troy Furrer stated, I have talked to him and he said it doesn’t matter to him what you do, he said he would sign a letter or whatever.

David Scott stated, it looks like from the survey there is plenty of separation.

Jerry Thompson stated, you say that sows are going to be using this building, it is not a finishing type building, but…

Troy Furrer stated, no, I’m not building a finishing type building.

Attorney Altman stated, I’m sure you are representing to the board tonight that you will use the best and the lastest technology to control the smell, odor and any matter that would come off of this enterprise and to minimize the utmost impact you would have on the neighbors.

Troy Furrer stated, yes. I put feed additives to help control the smell already, I’ve been doing that.

Attorney Altman stated, you will follow all practices that come down the line that help minimize this problem if it ever was a problem.

Troy Furrer stated, yes. We are all no till so we try to be good stewards of the land.

Director Weaver stated, the old building that you tore down was connected to the two existing buildings. Is this one going to connect also?

Troy Furrer stated, yes.

Director Weaver stated, he didn’t draw it that way.

Vice President Carol Stradling asked, any questions from the audience?

Charlie Mellon asked, I want to know if he is going to knife the manure?

Jerry Thompson stated, Troy your application how do you plan to dispense with the manure?

Troy Furrer stated, I don’t at this point, I will look into a no-till knife, I can look into that. I do not currently do that.

Vice President Carol Stradling asked, anything else?

Without further discussion the board voted.

The Board finds the following:

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


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


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


4. That no objectors were present at the meeting.


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


6. That the request is for a 70’ separation variance from a Hog Confinement building to the nearest dwelling not located on the same tract on that part of the East half of the Northeast Quarter and part of the West half of the Northeast Quarter of Section 31, township 27 North, Range 5 West in Princeton Township, White County, Indiana, described by:

Basis of Bearings: Indiana State Plane Coordinate system, West Zone.

Commencing at the Northeast Corner of the Northeast Quarter of said Section 31; thence South 89 degrees 55 minutes 08 seconds west along the Section line and the centerline of U.S. Highway 24, a distance of 1379.00 feet to the point of beginning.

Thence South 00 degrees 28 minutes 00 seconds east, a distance of 1180.00 feet; thence North 89 degrees 55 minutes 08 seconds East a distance of 61.00 feet thence South 00 degrees 28 minutes 00 seconds east a distance of 245.00 feet; thence north 89 degrees 55 minutes 08 seconds East a distance of 574.00 feet; thence south 00 degrees 28 minutes 00 seconds east, 737.00 feet; thence south 89 degrees 55 minutes 08 seconds west a distance of 845.00 feet; thence north 00 degrees 28 minutes 00 seconds west a distance of 882.00 feet; thence north 89 degrees 55 minutes 08 seconds east, a distance of 170.00 feet thence north 00 degrees 28 minutes 00 seconds west, a distance of 1280.00 feet thence north 89 degrees 55 minutes 08 seconds east along the section line and the centerline of U.S. highway 24, a distance of 40.00 feet tot he point of beginning, containing 16.514 acres of which 10.368 acres is located in the west half of the northeast quarter and 6.146 acres is located in the West half of the Northeast quarter.

COMMON DESCRIPTION: The property is located South of Wolcott at 8300 W. US Highway 24.


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


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


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

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#2535 Andrea Homes Inc; The property is located on Lot 1 in Hughes Business Park Subdivision, located on the Southwest corner of S.R. 43 & C.R. 1250 S.

Violation: None

Request: They are requesting a Special Exception to allow for the sale of Modular Homes.

Vice President Carol Stradling asked, is anyone here to represent this request?

Tina Bernacchi stated, I’m Tina Bernacchi I’m the owner, this is Jeff Tanner he is with Heckaman Homes who is the Modular homebuilder. This will be a sale office only, and modular as you know is a stick built home not a trailer and not a manufactured home. I did bring some literature for you to review. I’m asking you approve this evening so I can put this business at this location.

Jeff Tanner stated, I’m just here to represent the company and sometimes there are misunderstandings between modular and a H.U.D. or trailer or double wide. A lot of people think this is going to be a lot where there are going to be a bunch of double-wides parked out front like a used car lot. The model she is putting up is a single ranch structure it will look just a like home someone is living in. it will be landscaped other than the sign out front you won’t know it is not a retail residence. There will not be double wides or half’s or anything parked, we don’t build that kind of things and there won’t be any stored. I did bring pictures of other model centers with the types of homes that they will be in case there is any confusion.

Tina Bernacchi stated, the piece I passed out to you is put out by the National Home Builders, which I’m a strong member of. Past president of our local association these homes are recognized by the National Association of Homebuilders as a stick built home. They are built in a controlled environment. I’m asking for a sales office so I can sell homes and help the economy.

Vice President Carol Stradling stated, you have a notebook in your hands if you show that to the board we need to keep it. If you choose to do so.

Jeff Tanner stated, the leaflet she handed out should cover that, I’m more than happy to leave it.

Vice President Carol Stradling asked, do you have a drawing or representation you will put on that site?

Tina Bernacchi stated, I have the floor plans. I would have a home similar to what.

Attorney Altman asked, there isn’t one in here?

Tina Bernacchi stated, that is a book put out by Association National Home Builders, there is not a home necessarily a home built by Heckaman.

Attorney Altman stated, if you have something we will accepted that. It is good evidence.

Tina Bernacchi stated, well I do I have floor plans everything is different. It is a 1600 sq. ft. with a front porch, Jeff can give you this it won’t be exactly. There will be no garage. The front is 56’ front porch to give it more character. I will house my office in the study.

Director Weaver stated, I don’t recall seeing that.

Attorney Altman stated, exhibit A and exhibit B.

Tina Bernacchi stated, what I gave to Mr. Thompson is the floor plan and electrical print and a foundation. It will set on a full foundation. It is lacking the full front porch, which we will build on site.

Vice President asked, any questions?

David Scott stated, I was just curious any special exception for this zoning. How many types of zoning can this go in?

Director Weaver stated, the only thing I had to compare it to was mobile home sales. We really don’t have modular sales in here. She was very agreeable to that. It can go in an I-1 or it can go in a B-2 or I-2 with a special exception.

Vice President Carol Stradling asked, Jerry any questions?

Jerry Thompson stated, on the plan you show just the one unit, but yet it is to the side of the property, do you maybe have plans in the future to place another?

Tina Bernacchi stated, not at this time, I did 6 soils on this property to try and get a good soil so I wouldn’t have to put a mound system and actually have been working with the State, and Dan Banes locally and I think we have come to the conclusion we will be able to go with a standard system at this time. I’m working with a local septic man as well and I meet with him tomorrow. That is why I moved the house I don’t know how many times and the soil borings to be able to not have to put a mound system in. There could be a potential down the road, but I have no idea when, 5 years from now.

Vice President Carol Stradling asked, Gary?

David Scott asked, these can never be made residences as long as they are in this zoning?

Jeff Tanner stated this is more like a real estate office can’ t be moved only a sales office.

Director Weaver asked, what will you do with the remaining lot, will you mow it?

Tina Bernacchi stated, yes, my next door neighbor is a lawn care person so my plan is to have the whole property seeded and I’m going to have a sprinkler system put in, probably not the whole lot. Yes we will mow it and keep it up because that reflects on me and if I have a consumer or potential owner to come look at it and they are not going to like weeds. So it represents me so it most definitely. This is a family business and we have an office in LaPorte. And it is immaculate with sprinkler system, landscaping and very tasteful. It does represent who we are.

Vice President Carol Stradling asked, any questions or comments from the audience?

Any mail?

Director Weaver stated, we did have a phone call from a neighbor that had concerns. A Mr. Coats, just concerns and not happy with the request. I didn’t talk to him personally.

Jerry Thompson asked, what was his name?

Director Weaver stated, Coats.

David Scott asked, what is his proximity to where this is?

Director Weaver stated, I didn’t look at that, but I believe he owns the West of the property.

Attorney Altman stated, he wasn’t on the list.

David Scott asked, what was his point.

Director Weaver stated, I can’t tell you, the only note they made was he wasn’t happy with the request. There are other business around this, not homes, but other businesses.

Vice President Carol Stradling stated, no other questions should we vote.

Without further discussion the board voted.

The board finds the following:

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


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


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


4. That no objectors were present at the meeting.


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


6. That the request is for a Special Exception to allow for the sale and not for residential use of Modular (stick built) Homes on Lot Numbered One (1) in Hughes Business Park Subdivision in Prairie Township, White County, Indiana.

COMMON DESCRIPTION: The property is located South of Brookston at the corner of S.R. 43 & C.R. 1250 S.


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


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


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

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#2536 Good Oil Company, Inc; The property is located on Lots 3 and 4 in Original Plat Block 4, located in the Town of Reynolds at 105 W. 2nd Street.

Violation: None

Request: They are requesting a 22’ front (Second St.) setback variance, 9’ front (Kenton St.) setback variance and a 9’ rear setback variance to bring the existing building and canopy into compliance.

Vice President Carol Stradling asked, you are representing Good Oil Company.

Don Good stated, I’m Don Good and I’m representing the Good Oil Company. We would like to remodel the existing building, which was the Green Gables, for a convenience store. I’d like to leave the existing canopy that is there and room to demo the existing gas station and put up a canopy and include to Bio island as part of the Bio Town project that is being conducted in Reynolds. Anything new existing would conform to setbacks we have 8 ½’ on the property lines on the North that would be wrong it is about 10’. The new structure would be at least 30’ front 421. We are not expanding any of the existing building or canopy outside of the new regulations, we are just remodeling the new inside and out.

Vice President Carol Stradling stated, so you are remodeling Green Gables, but the current building that houses the convenience store will be torn down and a new canopy put almost in that same spot.

Don Good stated, correct.

Vice President Carol Stradling asked, anything in the mail for or against?

Director Weaver stated, no, we have not received anything.

Vice President Carol Stradling asked, Gary any questions?

Gary Barbour stated, no.

Vice President Carol Stradling asked, Dave?

David Scott stated, no.

Vice President Carol Stradling asked, Jerry?

Jerry Thompson stated, nothing.

Vice President Carol Stradling stated, I am noticing that there is a 20’ mechanical building.

Don Good stated, that is a mediation trailer that is existing now and there was contamination on the property and they are cleaning the soil there of the contaminates.

Vice President Carol Stradling asked, so will that be removed?

Don Good stated, within the 10 months that is what is remaining to clean the ground and it will be removed.

Vice President Carol Stradling asked, when will we have E85 pumps?

Don Good stated, as soon as we can, hopefully at the end of August or first part of September.

Vice President Carol Stradling asked, any comments or questions from the audience?

Without further discussion the board voted.

The Board finds the following:

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


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


3. That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit. The 20’ mechanical shed will be removed in approximately 10 months. The site is the location of a filling station and at the intersection of two highways.


4. That no objectors were present at the meeting.


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


6. That the request is for a 22’ front (Second St.) setback variance, 9’ front (Kenton

St.) setback variance and a 9’ rear setback variance to bring the existing building and canopy into compliance on Lot Number Three (3) and Four (4) in Block Number Four (4) in the Original Plat of the Town of Reynolds White County, Indiana (herein, Parcel II)

COMMON DESCRIPTION: The property is located in the Town of Reynolds at 105 W. 2nd Street.


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


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


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


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#2537 Lester W. Musall Trust; The property is located on Lots Numbered 1-8 in Block #1 in O’Connor’s Lake Drive, in the City of Monticello at 901 N. Main Street.

Violation: None

Request: He is requesting a 19’ (Main St.) front setback variance and a 17’ (Fisher St.) front setback variance to bring the existing building into compliance. The City of Monticello, in it’s condemnation action has changed the legal conforming use to a non-conforming use.

Vice President Carol Stradling asked, Mr. Loy you are here to represent this request?

George Loy stated, yes, and this is Les Musall the owner of the property. It is the former Kentucky Fried Chicken property. We are pursuing this petition on behalf of Mr. Musall because Mr. Musall is not adding onto the property or coming closer to the right-of-way. We are coming closer to him because of the North Main expansion project. We are asking as this situation is not addressed by the current zoning ordinance we want to make sure Mr. Musall and future owners since we are coming his way are legal and bring into conforming. We are going to ask for that right-of-way here and I don’t know, I think you have a drawing. This is a blow up of it. The new right-of-way will be as close as 6’ to the building on Fisher Street and as close as 8’, I’m sorry on Fisher Street and 6’ on Main Street. The curb of the new Main & Fisher is out here. The right-of-way has to be quite a bit wider than the existing pavement. The gutter line here or the new right-of-way is here. Similar variance has been necessary for the Kir Tac Property or the Taco Bell, I think we did the same thing with the go cart track out side the entrance of Indiana Beach for the 6th St. project. It is a bit of a unique situation the right-of-way is coming towards him not the other way around and so we want to make sure Mr. Musall is in compliance.

Director Weaver asked, George is the sign going to stay up.

George Loy stated, the sign.

Director Weaver stated, the sign, the freestanding sign that is currently out front, is that going to stay in place.

George Loy stated, yes.

Les Musall stated, the west side of the pole of the sign is in violation and it will be removed. The one to the East my understanding when we are told where the lines are at so far, no one has indicated those for us or how close those are. We understand the East pole closest to the building will be within the property. That is as far as we know now. Without it being all laid out for us on the ground we do not know at this time. What ever it takes I will get the sign take care of.

Attorney Altman stated, so the sign will be moved back, it is just not sure where you have to move it back to.

Les Musall stated, right now Mr. Altman there are two poles and the existing sign will be put back up will only need one pole. Before that had the large sign and bucket and it took two poles, now it only needs one.

Vice President Carol Stradling asked, any fan mail either for or against?

Director Weaver stated, no.

Vice President Carol Stradling asked, any comments or questions from the board? Jerry?

Jerry Thompson stated, no.

Vice President Carol Stradling asked, Dave?

David Scott stated, no.

Vice President Carol Stradling asked, Gary?

Gary Barbour stated, no.

Attorney Altman asked, the survey we have in front of us was it completed by Vasco J. Kirby.

George Loy stated, yes, it is.

Director Weaver stated, Mr. Loy provided this large map for us because we were having a hard time reading the smaller one.

George Loy stated, yes.

Vice President Carol Stradling stated, there really is no option to remove the building that would not….

George Loy stated, no it is my understanding that hopefully this is a situation that we will address with our new zoning ordinance to put together in a situation like this where the right-of-way is coming towards the land owner. This is through no fault of Mr. Musall at all.

Attorney Altman stated, so the City of Monticello is requesting this variance.

George Loy stated, yes.

Vice President Carol Stradling asked, any questions or comments from the audience? This won’t present a traffic hazard, visibility. It started out close and now it is getting closer.

George Loy stated, no. That is to the right-of-way. (Mr. Loy is going over the map at this time)

Without further discussion the board voted.

The Board finds the following:

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


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


3. That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit. The City of Monticello wants this variance approved. The sign will have one pole removed.


4. That no objectors were present at the meeting.


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


6. That the request is for a 19’ (Main St.) front setback variance and a 17’ (Fisher

St.) front setback variance to bring the existing building into compliance. The City of Monticello, in it’s condemnation action has changed the legal conforming use to a non-conforming use on Lots numbered One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), and Eight (8) in Block Number one (1) in O’Connor’s Lake Drive Subdivision as recorded in Deed Record No. 114 page 462, City of Monticello, White County, Indiana.

COMMON DESCRIPTION: The property is located in the City of Monticello at 901 N. Main Street.


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


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


****

#2538 David Silas & Elizabeth Ann Wilson; The property is located on Part NE SE 31-28-3 on .22 of an acre, located East of Monon Road at 3810 E. Bailey Road.

Violation: None

Request: They are requesting a 7’ front setback variance to build an addition and a second story.

Vice President Carol Stradling asked, and representing the request is?

Ann Wilson stated, I’m Ann Wilson. Basically we just want to add on. It is very small and my grandkids come up and we are wall to wall beds on the floor, so basically that is what we are wanting to do. Add 2nd story and come out 8’ on the front.

Vice President Carol Stradling stated, I’m looking at this survey and it says proposed addition that is the porch you are referring too.

Ann Wilson stated, yes, part of it is a porch and part is adding on to the kitchen area. It will be enclosed.

Vice President Carol Stradling stated, you indicated that you are going to add 2nd story you are going up to the 2nd, so there will be an addition over.

Ann Wilson stated, yes.

Vice President Carol Stradling asked, any fan mail either for or against?

Director Weaver stated, no.

Vice President Carol Stradling asked, any questions from the board. Dave?

David Scott stated, the front you are talking about the water.

Ann Wilson stated, yes.

Vice President Carol Stradling asked, Jerry?

Jerry Thompson stated, I guess I’m a little confused here. The plat states single story home is that basically what is there currently even though you are asking for….

Ann Wilson stated, yes, yes.

Vice President Carol Stradling asked, Gary?

Gary Barbour stated, no.

Vice President Carol Stradling stated, they are on the public sewers Jerry. Any other question from the audience?

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. The property is currently on public sewers.


4. That no objectors were present at the meeting.


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


6. That the request is for a 7’ front setback variance to build an addition and a second story on a tract of land located in the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section Thirty One (31), Township Twenty eight (28) North, Range Three (3) West in Monon Township White County, Indiana, and described more fully as follows: Beginning at a point which is South One Degree and Thirteen Minutes East (S 1 13’ E) Sixteen (16) feet, North Ninety Degrees East (N 90° E) One Hundred Seventy Six and Sixty Nine Hundredths (176.69) feet, South Zero Degrees East (S 0° E) Three Hundred fifty Two (352) feet, South Thirty Three Degrees and Two Minutes East (S 33° 2’ E) sixteen and Four Tenths (16.4) feet, South Seventeen degrees and Nineteen Minutes East (S 17° 19’ E) Fifty and Fifteen Hundredths (50.15) feet and South Sixty Eight Degrees and Thirty One Minutes West (S 68° 31’ W) Twenty Two and Eight Tenths (22.8) feet from the Northwest corner of the Northeast Quarter (1/4) of the Southeast Quarter (1/4) OF THE ABOVE SAID Section Thirty One (31) and running thence South Twenty Three Degrees and Forty Minutes West (S 23° 40’ W) One Hundred Four (104) feet thence South Twelve Degrees and Three Minutes East (S 12° 3’ E) Seventy and Eighty Five Hundredths (70.85) feet; thence North fifty Six Degrees and Thirty Nine Minutes East (N 56° 39’ E) Eight Five and Fifty Five Hundredths (85.55) feet; thence North Thirty Eight Degrees West (N 38° W) Eight (8) feet thence North Five Degrees and Thirty Minutes East (N 5° 30’ E) Eighty Eight and Five tenths (88.5) feet; thence North Sixty five Degrees and Eighteen Minutes West (N 65° 18’ W) fifty two and Nine tenths (52.9) feet to the point of beginning.

COMMON DESCRIPTION: The property is located North of Monticello at 3810 E. Bailey Road.


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


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


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

****

#2539 Forest Richard II & Carroll B. Robertson; The property is located on Part NW NE 4-27-3 on .436 of an acre, in the City of Monticello at 801 S. Main Street.

Violation: None

Request: They are requesting a 10’ front setback variance to put up a free standing on premise sign.

Vice President Carol Stradling stated, Diann has just informed me that #2539 have tabled their request and there is a letter in the file.

****

#2540 Gordon & Geneva Palmer; The property is located on Lot 17 in the First Addition, located in the Town of Wolcott at 304 N. Burke Street.

Violation: None

Request: They are requesting a 6’ South side setback variance to build a room addition on to the house, a 25’ front setback variance and a 3’ North side setback variance to bring the existing house into compliance.

Vice President Carol Stradling asked, is there anyone here to represent this request?

Gordon Palmer stated, yes, Gordon Palmer and wife Geneva. First thing let’s disregard that first request because it is really not a room addition on to the house, second place if I ever do build anything back there if and when I can easily come in to compliance I don’t need to be that close to the other property. The important one to me is the 3’. It is an existing garage it is only 18’ deep and you can’t walk around a vehicle in there. It was built in the 1940’s. I’d like to add 4’ on there and the existing building is 3’ front he line and the addition is going to be 4’ wide and also be 3’ from the line.

Director Weaver stated, so are you saying the 22’ x 24’ proposed addition that is shown on this drawing you are not going to do? Is that what you are saying?

Gordon Palmer stated, well no, if I do it, it will, I won’t have to have a variance to do it. I’m not going to build it that close to the line if and when I do it. The reason it happened if I need to explain it if that is necessary. Mr. Milligan I told him to draw it on there and he did and I do and it slipped my mind that the property lines do not run straight with the buildings they go kind of go catty-wampus so even though the new building was set back. I just want to disregard it.

Attorney Altman stated, so basically withdrawing that part.

Gordon Palmer stated, yes.

Attorney Altman stated, okay.

David Scott stated, just to make sure it looks like the house like he said either the property lines or the house it is not perpendicular to each other.

Gordon Palmer stated, none of them are in that block.

David Scott stated, I don’t know how technical or critical they get but if the existing property is 3’ it appears if you go 6’ you might be closer than 3’ by the type you get the 4’ on there.

Gordon Palmer stated, I don’t have to go 6’.

David Scott stated, no 4’, you are adding 4’.

Gordon Palmer stated, well I put a string on the survey stakes and actually the building is 40” from the line and of course it has a 9” eave on it, but for 4’ it is not going to vary that much. I just wanted to make sure. That is all the farther I’m going is 4’.

Vice President Carol Stradling stated, I just verified with Diann they would need a minimum of 8’ on that side so if they are requesting a 6’ south side variance that would mean they can be as close as 2’, so it would be okay.

Gordon Palmer stated, I wouldn’t do that.

Vice President Carol Stradling stated, but the 4’ you are adding on still needs a variance to the South side so you still need a south side variance and you are requesting a 6’ side setback variance so we can.

David Scott stated, that means you can be 2’ from the line the variance.

Director Weaver stated, that is from the over hang, it can be 2’ from the line.

Gordon Palmer stated, I’m only requesting 3’.

Vice President Carol Stradling stated, no actually you need to request the South side setback also.

Gordon Palmer stated, I can’t withdraw it.

Vice President Carol Stradling stated, if you withdraw it you can’t add the addition because it will be closer than 8’ to the property line.

Attorney Altman stated, I think he is talking about this variance.

Vice President Carol Stradling stated, you don’t have to build the addition but in order to do that 4’ you are still closer than 8’ to the property line, so you need the variance for that one.

Gordon Palmer stated, okay I understand that.

Vice President Carol Stradling asked, any other questions? Any questions from the audience?

Attorney Altman stated, it will be the same height and everything.

Gordon Palmer stated, no it will be the same height of the house.

Without further discussion the board voted.

The Board finds the following:

1. The applicant withdrew his variance request for the 22’ x 24’ addition.

2. 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. The change is for the 4’ addition only.


4. That no objectors were present at the meeting.


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


6. That the request is for a 6’ South side setback variance to build a room addition on to the house, a 25’ front setback variance and a 3’ North side setback variance to bring the existing house into compliance on Lot Numbered Seventeen (17) in Addition Number one (1) to the Town of Wolcott, White County, Indiana.

COMMON DESCRIPTION: The property is located in the Town of Wolcott at 304 N. Burke Street.


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


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


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


****

#2541 Kocolene Oil Corporatioon; The property is located on Lots 50 and 55 in WJR Addition, located in the City of Monticello at the West side of Railroad St. between Washington Street and Broadway.

Violation: None

Request: They are requesting a 44 space parking variance for a retail business.

Vice President Carol Stradling asked, and representing this request is?

David Correll stated, I’m David Correll from Seymour, Indiana representing Kocolene Oil.

(He is passing out copies to the board.)

Attorney Altman stated, mark this exhibit A.

David Correll stated, Kocolene Oil owns a lot of properties over several states, they are getting out of the oil business and getting into the marketing business. They are trying to develop some of the properties that are vacant. My understanding that this piece of property has been vacant for a long time. I know there was a station on the corner at one time, I have a feeling there was where the Smokers Host is. The customer that this is for is called Fastenal they are going to lease this building from Kocolene Oil. Fastenal is a contractor supply company they do screw, bolts, miscellaneous small tools. The building is set up with about 1200 square feet in the front with two offices, restroom break room and sales area. This separates the sales from the warehouse. This houses all of the nuts, screws, bolts and things. Basically only 1200 square feet is open to the public for sales. They do not have a great number should we say walk in front door customers roadways. The current zoning requires a 6,000 square feet building to have 60 parking places. 60 parking places on that lot wouldn’t leave much of a building this is what we are requesting. We are providing 16 spaces as opposed to the 60. We are hoping you entertain that.

Vice President Carol Stradling asked, any fan mail either for or against?

Director Weaver stated, no.

Vice President Carol Stradling asked, any questions from the board? Gary Barbour?

Gary Barbour stated, no.

Vice President Carol Stradling asked, Dave?

David Scott asked, how much distance between the sidewalk and the property of the existing retail business?

David Correll stated, 28’.

Director Weaver stated, a required parking space according to the ordinance has to be 9’ x 18’.

David Scott stated, I was trying to make sure he doesn’t encroach on the other building using those parking spaces there.

Vice President Carol Stradling asked, Jerry any questions?

Jerry Thompson stated, when do you hope to be up and running?

David Correll stated, it is submitted to the State so it is ready to go if you say we can go.

Vice President Carol Stradling stated, along with Dave’s concerns is there any possibility that you can move it to the North.

David Correll stated the building cannot be moved because we are up against the setback on the other side. The only thing we can do is reduce the walk down to a minimum.

Vice President Carol Stradling asked, Diann how many spaces would they need for 1200 square feet of business?

Director Weaver stated, it is one space per 100 square feet. So it would be 12.

Vice President Carol Stradling stated, am I correct that Fastenal has a location out on 6th Street?

David Correll stated, not that I know.

Director Weaver stated, out from Sublette’s.

Vice President Carol Stradling stated, yes, I’ve seen it, not been in it. Is this an expansion?

David Correll stated, I was not aware of it, must be relocation because this is a much bigger facility. I would guess, I would have to go look. Fastenal is expanding all over the state, Greenfield, Greensburg, and Kentucky and here. They are putting in 4 or 5 this year and just did one in Seymour.

Vice President Carol Stradling asked, any questions from the audience? Jerry?

Attorney Altman stated, tell us what Fastenal does in the whole building.

David Correll stated, they supply parts for contractors. Not sure of all of them. I’ve been in some of their stores. I had to get some specialty screws. They are specialty fasteners that go into metal studs, they are putting wood on the metal studs. Specialty screws. They use a lot of fasteners.

Attorney Altman stated, so it is a wholesale type set up rather than a retail.

David Correll stated, if you or I wanted to go in a buy nuts, bolts, screws you can do that. Most of their supplies go to contractors. Contractors on an order of what ever, 1000 order of fasteners. That is the reason the counter sales isn’t important. Contractors don’t care about the counter they want in and out.

Gary Barbour stated, if we approve this and Fastenal doesn’t stay in there does this stay with that. Or does this come off that is my concern.

Attorney Altman stated, it is conditioned on this use of Fastenal, so yes. They would have to have some modification to let someone else in there.

David Scott stated, how would we know, if they don’t need a permit.

Attorney Altman stated, it is the old thing of policing.

Director Weaver stated, do you need to make this a condition for Fastenal or automatic.

Attorney Altman stated, it is automatic.

Director Weaver stated, the request is for a retail business not for Fastenal.

Vice President Carol Stradling stated, we need the condition. I would entertain a motion making this for Fastenal.

David Scott stated, I will second it.

Without further discussion the board voted.

The Board finds the following:

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


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


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


4. That no objectors were present at the meeting.


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


6. That the request is for a 44 space parking variance for a retail business on Lot numbered Fifty (50) in Walker, Jenners and Reynolds Addition to the Town, now City of Monticello, White County, Indiana.


Also Lot number Fifty-five (55) in Walker, Jenners and Reynolds Addition to the Town, now city of Monticello, White County, Indiana.

COMMON DESCRIPTION: The property is located in the City of Monticello at the West side of Railroad Street, between Washington and Broadway. Because this business is more wholesale and the sales area is 1200 square feet, this variance is conditional upon only for use by Fastenal.


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


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


Attorney Altman stated, this is for Fastenal only and you need to get your building permit before you proceed.

****

#2542 Russell D. & Cynthia L. Walters; The property is located on Lot 11 and Part of Lot A in Lake View Subdivision, located North of Monticello at 4834 E. Pinecone Drive.

Violation: None

Request: They are requesting an 18’ front setback variance and a 15’ rear setback variance to build a new home and an in-ground pool.

Vice President Carol Stradling asked, and representing this request is?

Rusty Walters stated, I’m Rusty Walters and my wife Cindy. We currently live in Cass County. We bought this property approximately 10 years ago as a weekend get away. We intend to build a new house and move over here permanently.

Director Weaver stated, I need to clarify one thing on your staff report the map you have makes it look like Pinecone Dr. goes through continuous, that is not true it stops at this property.

Rusty Walters stated, I have pictures to show that.

Director Weaver stated, I have pictures also.

David Scott asked, which way does it dead end, lot A or…

Director Weaver stated, it ends on Lot A where it is divided. It does not go through there. It comes from the East to the property.

Rusty Walters stated, see the picture with the trees that is the end of the property, that is a ravine.

David Scott, is there a possibility that lot A will ever be developed?

Rusty Walters stated, we are going to build on it. We’ve combined both lots together and we are going to build on both lots.

David Scott asked, do you own lot A?

Director Weaver stated, you only own a portion of lot A, correct?

Rusty Walters stated, yes.

Director Weaver stated, there is a ravine that goes through there and I tried to show it on the pictures, but you really can’t see it.

David Scott stated, my concern is.

Rusty Walters stated, we have a picture of the ravine.

David Scott stated, the concern is the garage being so close to the road there.

Rusty Walters stated, that is not the road it is the dead end.

David Scott stated, that is why I asked is there is a possibility that the road be.

Rusty Walters stated, the ditch is about 14’ deep there.

Vice President Carol Stradling stated, so for them to build that road they would have to build a bridge just to connect a few houses that have other access.

Rusty Walters stated, yes.

Cindy Walters stated, they would have to build a bridge through the ravine go through someone’s property to get to another road.

David Scott stated, according to the survey it shows that it is platted there.

Cindy Walters stated, our driveway is there right now.

(She is showing the board pictures right now.)

Director Weaver stated, we did receive a letter from a neighbor regarding this property. I believe someone got shorted their copy. I have an extra laying here. The original is in the file. The concern is the ravine is what the concern is.

Attorney Altman stated, proceeded to read the letter from the neighbor.

Attorney Altman asked, has the drainage board seen this?

Rusty Walters stated, we went there and they said there wasn’t any drainage in that area.

Director Weaver stated, I confirmed that, when I received the letter I talked to Denny Sterrett the County Surveyor about this and he also told me that this is not a county drain.

Rusty Walters stated, I will not build that ravine without putting a culvert in it. Just in case. I’m not going to spend…

Cindy Walters stated, it is actually not on our property the stream that goes through there.

Director Weaver stated, I believe if you do fill part of this in you will probably have to address this with the DNR.

Rusty Walters stated, there is a sea wall across our property, with a creek that sea wall wouldn’t be there. We have intention of putting a walk out basement in this house. Digging that out and pushing it in the ravine.

Director Weaver stated, you better check with the DNR before you do that.

Rusty Walters stated, sure will.

Director Weaver stated, I have their address in my office.

Rusty Walters stated, we don’t want to fill it in and have them tell us to dig it out, we are not going to do that.

Cindy Walters stated, it isn’t really filling in the ravine, it would be leveling off, building it up some.

Vice President Carol Stradling asked, any other questions?

David Scott asked, is that a county road or is it a private road?

Cindy Walters stated, I believe it is private.

Director Weaver stated, I would agree with that.

Vice President Carol Stradling asked, any other questions?

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. If the ravine is filled in in anyway, they must obtain DNR approval first.


4. That no objectors were present at the meeting.


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


6. That the request is for an 18’ front setback variance and a 15’ rear setback variance to build a new home and an in-ground pool on Lot number eleven (11) in Lake View Subdivision, in Liberty Township, White County, Indiana. Also, that part of Lot A in Lake View Subdivision in Section 8, Township 27 North, Range 3 West, in Liberty Township, White County, Indiana described by: Beginning at the Northwest corner of Lot 11 in Lake View Subdivision, thence North 53 degrees 20 minutes West 87.13 feet; thence South 40 degrees 50 minutes West 125.21 feet to the Northern Indiana Public Service Company line; thence south 56 degrees 43 minutes East along said line 96.39 feet to the Southwest corner of the above said Lot 11 thence North 36 degrees minutes East 119.19 feet tot he point of beginning.

COMMON DESCRIPTION: The property is located North of Monticello at 4834 E. Pinecone Drive.


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


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


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

****

Vice President Carol Stradling asked, Diann any other matters before the board this evening?

Director Weaver stated, I don’t think so.

Vice President Carol Stradling stated, I would entertain a motion to adjourn then.

Charles Mellon stated, I would like to say a little more about the hog deal. Jerry probably knows where that building is. I don’t know if you remember 5 or 6 years ago anyone who traveled 24, we had some below zero weather and that ground was froze and he spread that whole field with manure on top of snow and talk about he is going to go along with all of the new technology and everything that technology of knifing in the manure is old. We’ve been doing it for 15 years and the last Area Plan meeting we had a confinement building and we demanded that it would be knifed in and know you are going to say you prefer 350 sows is going to stay on that place. The acreage I don’t know he has acreage across 231 hauling manure without anything it in on 24. I think if one committee here Area Plan is going to do one thing and your committee is doing another thing I don’t think that is right. Now you are going to say he didn’t have any opposition here tonight. In the wintertime it thaws out yeah he would be all right when the wind is blowing

from the Northwest. Anybody knows when the warmer weather comes in and things warm up it is going to be from the Southeast or Northeast. The two people didn’t complain, but about 4 or 5 years ago in the town of Wolcott in Town, I’m friends with a lot of people in Wolcott, since no one was complaining tonight. One guys has to knife it in and the next was don’t.

Jerry Thompson stated, that is right and I was wondering that to, but I’m not passing this on someone else. When he applied for all of his permits that had to be at that time. How else could he get permits from IDEM.

Charles Mellon stated, it looks like it would it is a law, but no one enforces it.

Jerry Thompson stated, he had talked to me about this before tonight and he has purchased a new tank with injectors and tonight he didn’t mention it.

Charles Mellon stated, well I probably shouldn’t have said anything, but he said tonight he did not intend to do any of that. He knew it, his Dad knew it. They are all related.

Vice President Carol Stradling stated, I’m just now understanding the mail that comes in my office. Any time there is a complaint on hog confinements, if you make a complaint to IDEM they make an inspection and then the Board of Health gets a letter and I get a letter. But the way I understand it if there is any complaint that someone isn’t doing something proper with the hog confinement there are… (The tape went off.)

The meeting adjourned.

Respectfully submitted,

Gary Barbour, Secretary

Diann Weaver, Director

White County Area Plan Commission