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The White County Board of Zoning Appeals met on Thursday, August 17, 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, Jerry Thompson. Also attending were Attorney Jerry Altman and Director Diann Weaver.

Visitors attending were: Victor D. Chicke, Jim Smith, Bea Smith, Larry Pampel, Connie Pampel, Don Pauken, Charles Mellon, Tom Bowsher, Karen Bowsher, Brad Gutwein, Troy Furrer, and Lisa Furrer.

The meeting was called to order by Vice President Carol Stradling and roll call was taken. Jerry Thompson made a motion to dispense with reading and approve the minutes of the August 17, 2006 meeting with corrections. Motion was seconded by Gary Barbour and carried unanimously. Attorney Altman swore in all Board members and audience members.

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#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. Tabled from July 27, 2006.

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, it is also tabled this evening.

Director Weaver stated, yes at that time they did not tell us when they would be coming back to the board and I did tell them that September would be the latest they could come to the board. We have not had any contact from they so it is still tabled.

Vice President Carol Stradling stated, all right.

Jerry Thompson stated, this is the last time that it can be.

Director Weaver stated, yes this is the last time it can be.

Vice President Carol Stradling, I’m sorry did anyone have any questions on this? Just to


clarify this will be addressed at the September meeting if they do choose to table it again they will have to refile.

Jerry Thompson stated, that is September?

Director Weaver stated, September 21.

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#2543 Carl E. Hites Jr.; The property is located on Lot 54 in Market Street in Original Plat, the property is located in the Town of Monon at 200 N. Market Street.

Violation: None

Request: He is requesting a 25’ front setback variance and an 8’ side setback variance to convert the existing detached garage into a Bed & Breakfast.

Vice President Carol Stradling asked, Mr. Hites you are representing this request?

Shaker Hites stated, yes I am, Shaker Hites.

Vice President Carol Stradling asked, do you have anything to add to the description or explanation?

Shaker Hites stated, I don’t know that I have anything to add, I do have a letter from Monon Town Board that supports this request.

Attorney Altman stated, accepted in as evidence and read it as exhibit A. (Jerry proceeded to read the letter from Monon.) The letter is in the file.

Vice President Carol Stradling asked, is there anything you would like to add?

Shaker Hites stated, don’t have anything to add. Be happy to answer any questions.

David Scott stated, I want to interject something here. The survey that we have in our packet show a 1.5’ encroachment, the Town deeded him.

Shaker Hites stated, 3’ along the front and 2’ along the West.

David Scott stated, this was so he wouldn’t be encroaching.

Shaker Hites stated, I have those documents with me.

Attorney Altman stated, we can put those into evidence if they are original we will certainly give those back to you after we copy them. This is the survey showing the lot as increased I gather.

Shaker Hites stated, yes, right.

Attorney Altman stated, by the conveyance that you are talking about right Dave.

David Scott stated, yes.

Attorney Altman stated this is exhibit B.

Shaker Hites stated, the survey was done last Thursday.

Vice President Carol Stradling stated, it doesn’t show the house on the property, but it does show the extension on Second Street.

Attorney Altman stated, and the alley.

Vice President Carol Stradling stated, and the alley. Any other questions from the board. Jerry?

Jerry Thompson stated, nothing yet.

Vice President Carol Stradling asked, Dave anything further?

David Scott stated, no.

Vice President Carol Stradling asked, Gary?

Gary Barbour stated, no.

Vice President Carol Stradling asked, any fan mail?

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

Vice President Carol Stradling asked, anything from the audience? Okay. Your wish is to turn the barn into a Bed and Breakfast?

Shaker Hites stated, it is.

Vice President Carol Stradling asked, how many rooms will you have available?

Shaker Hites stated, Bedroom would be one.

Vice President Carol Stradling stated, one bedroom, okay.

Shaker Hites stated, there is a living area, kind of a dinette type of area.

Vice President Carol Stradling stated, okay, one bedroom and then….

Shaker Hites stated, one big room.

Vice President Carol Stradling stated, so guest vehicles you would probably just have one or two.

Shaker Hites stated, I would assume so.

Director Weaver stated, they have some parking on the South side of their property now. I don’t know how many spaces, but it looked like there were quite a few.

Shaker Hites stated, there are several. This use to be the veterinary clinic. The parking is left over from the veterinary clinic, which went clear along that street when we got rezoned to a B-2.

Jerry Thompson asked, the height of the building will stay the same?

Shaker Hites stated, oh yes no outside changes. Stays in the original foot print.

Vice President Carol Stradling asked, the manager of the facility will be living on site?

Shaker Hites stated, no, that would be us. We live a mile away.

Vice President Carol Stradling asked, who will be in the house?

Shaker Hites stated, the house is an apartment, it already is that is on the property.

Vice President Carol Stradling stated, all right, yes.

Shaker Hites stated, it has been for 12 years or something like that.

Vice President Carol Stradling stated, so the home is divided into apartments, two.

Shaker Hites stated, 3.

Vice President Carol Stradling stated, 3, and then the barn will be temporary guest housing.

Shaker Hites stated, short term type deal.

Jerry Thompson asked, year around or seasonal?

Shaker Hites stated, I hope year around.

Vice President Carol Stradling asked, any other questions?

Attorney Altman stated, this will be on the sewer system?

Shaker Hites stated, yes.

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 garage in question is on City water and sewers. There is no longer a veterinary office on the real estate.


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 25’ front setback variance and an 8’ side setback variance to convert the existing detached garage into a Bed & Breakfast on Lot No. 54 on Market Street in the Original Plat of the Town of New Bedford, now Monon, White County, Indiana.

COMMON DESCRIPTION: The property is located in the Town of Monon at 200 N. Market 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 a building permit of some sort when you rebuild other wise you may proceed.

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#2544 Garry & Sandi Thompson and Joe S. & Jill S. Ellis; The property is located on Lot 1 in Pleasant View Terrace, the property is located North of Lowe’s Bridge at N. Skaggs Court.

Violation: None

Request: They are requesting a 3’ height variance to build a pole barn.

Vice President Carol Stradling asked, you sir are?

Garry Thompson stated, I’m Garry Thompson.

Vice President Carol Stradling asked, is there anything you would care to add to your request?

Garry Thompson stated, just basically because of the size of the pole barn we can’t really do a 4 12 pitch without running over that 17’ height, so that is why I’m asking for the request.

Director Weaver stated, we have not received anything from the neighbors on this.

Garry Thompson stated, I also brought some, lady called me today to bring some plans in.

Director Weaver stated, that is for the building department.

Vice President Carol Stradling stated, it appears you meet the setbacks, I’m wondering if you could explain why the proposed building is, I guess you want it closer to the road so you have more room on the water side.

Garry Thompson stated, yes and the, there is a natural grass ramp that will, that is on the from between the lake and the barn on that picture.

Director Weaver stated, the elevation the flatter part of the property is towards the back.

Vice President Carol Stradling stated, and the back being the roadside.

Director Weaver stated, yes.

Garry Thompson stated, yes.

Vice President Carol Stradling stated, I’m reading that there is currently a truck box on that property.

Garry Thompson stated, yes.

Vice President Carol Stradling asked, will that be staying or will that be removed?

Garry Thompson stated, um, I haven’t really decided yet, that is kind of what we have been using to store the tractor and building materials and stuff in while we are building this barn.

Attorney Altman stated, so when you get done with the barn it will be removed.

Garry Thompson stated, either that or put it next to it or behind it or something. That is why I left the 19’ in the back of the barn.

Director Weaver stated, so you are aware it does have to meet setbacks if it stays on the property.

Garry Thompson stated, right.

Director Weaver stated, I do believe he got a permit for that in 2003 he got a permit for that.

Vice President Carol Stradling stated, that is separate from the existing building that is showing on lot 2.

Garry Thompson stated, right.

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

Attorney Altman asked, how will you be getting in and out of the building?

Garry Thompson stated, actually two sides it is going to have a lot of doors. (He is currently showing them on the map where he will be going in at.) Towards the road a 16’. Mainly the height is to store an RV one-day and I want to make sure it is tall enough.

Vice President Carol Stradling stated, okay, any more 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. The natural topography dictates the placement of this building.


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 3’ height variance to build a pole barn on Lots numbered one (1) and Two (2) in Pleasant View Terrace Addition, located in a part of the Southeast Quarter (1/4) of the Northwest quarter (1/4) of Section Twenty-eight (28) Township Twenty-eight (28) North, Range Three (3) West in said White County, Indiana.

COMMON DESCRIPTION: The property is located North of Lowe’s Bridge at 6715 N. Skaggs Court.

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


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


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


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#2545 Thomas E. & Karen S. Bowsher; The property is located on Lot 14 in Billy Cal Subdivision 2, the property is located North of Buffalo on Nancy Circle.

Violation: None

Request: They are requesting a 28’ front setback variance to build a pole building.

Vice President Carol Stradling asked, and you folks are?

Karen Bowsher stated, I’m Karen Bowsher.

Thomas Bowsher stated, I’m Thomas.

Vice President Carol Stradling asked, what would you care to add to this request?

Thomas Bowsher stated, I don’t believe we have anything to add. We have nothing else.

Director Weaver stated, they have already submitted their building plans so we did include a picture of what this building will look like when completed. When I was up at the property taking pictures the neighbor to the Southeast stopped me and he said he had no problem with the request.

Vice President Carol Stradling stated, I’m looking at the survey and there is an 8’ x 9’ shed.

Thomas Bowsher stated, yes that was on the property when I bought it.

Vice President Carol Stradling stated, okay, but that is an unimproved circle.

Director Weaver stated, yes there are no improvements there, it is all grass. I was quite shocked. I can see why they were confused and thought they were meeting their setbacks after I went up there.

Vice President Carol Stradling asked, can you explain why you don’t move it further back off the circle?

Thomas Bowsher stated, the reason why if I move it back there, there is another shed on the property, and if I move it back there I’m going to be right up next to the other building.

Karen Bowsher stated, on the separate lot.

David Scott asked, do you own lot 13?

Thomas Bowsher stated, yes.

Karen Bowsher stated, we actually have 5 lots.

Thomas Bowsher stated, we own 12, 13, and 15, we own all three lots on the unimproved road.

Jerry Thompson stated, the building is to be used for.

Thomas Bowsher stated, it is going to be used for a garage and storage.

Attorney Altman stated, just a accessory building for the house.

Thomas Bowsher stated, yes.

Attorney Altman asked, are you adjoining the lots?

Thomas Bowsher stated, no.

Attorney Altman stated, we can’t give you approval for the shed that is there.

Thomas Bowsher stated, yes I know it isn’t going to be there, when we build that building this is coming out.

Vice President Carol Stradling asked, any questions from the board? When I see the survey I see you would still need some variance, but not as much if you move it back off the circle before you are up against the shed.

Thomas Bowsher stated, what I’m trying to do is out house sets this way to the north and you can look right out of wooden door and look right in front of the garage, so I can look at the front of the garage I didn’t want it set back farther from the house.

Karen Bowsher stated, there will be a side door.

Thomas Bowsher stated, a side door to go over from the house.

Vice President Carol Stradling stated, there is nothing currently on lot 13 and 12 they are vacant.

Thomas Bowsher stated, no, they are both vacant.

Vice President Carol Stradling asked, are they considered buildable lots? Could you put a house and garage?

Thomas Bowsher stated, no they are not big enough by the standards of the zoning to be built on separate but together, but not separate. I don’t believe.

Director Weaver stated, I can’t answer that.

Thomas Bowsher stated, we have no intentions of building on them, we just bought them together all 3 at the same time.

Vice President Carol Stradling stated, I guess I’m trying to look down the road what would happen to lot 12 and 13, but it would appear that they are small lots and they would have to be put together and it doesn’t look hilly out there so siting those homes could be adjusted. The positioning of your building wouldn’t affect future buildings. The problem being that they are not connected someone could sell them.

Attorney Altman stated, someone could sell them and there lays the problem. It is in the future if you connected them all there is no problem.

Thomas Bowsher stated, I have no plans to sell those. So what you are saying maybe connect all 5 lots together.

Vice President Carol Stradling stated, no I’m not suggesting that you do that, that would be a possibility and that would entail legal fees and other issues. I’m just looking down the road at what could happen to those two lots and I guess my assessment is that neither one of those lots would be build able from what I can tell size wise so they would almost have to be connected the positioning of your building would still allow that.

Thomas Bowsher stated, yes.

Vice President Carol Stradling stated, so you are not restricting future building on those lots. I don’t want to suggest that you tie those together, if you wish to that is fine, but….

Thomas Bowsher stated, okay.

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

Without further discussion the board voted.

The Board finds the following:

1. That the property is properly zoned R-3, Multi-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 present structure on the lot will be 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 28’ front setback variance to build a pole building on Lots Numbered Fourteen (14) in Billy Cal subdivision number Two (2) in Liberty Township, White County, Indiana.

COMMON DESCRIPTION: The property is located in the Town of Buffalo at Nancy Circle.


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.


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#2546 Johnnie Darrell Cottrell “etal”; The property is located on Lot 41 & 44 in Headlee, the property is located in the Town of Headlee at 11086 E. 1000 N.

Violation: Built the home too close to the front property line.

Request: He is requesting a 16’ front (Pennsylvania St.) setback variance and an 11’ front (Harrison St) setback variance to build a roofed porch and to bring the existing home into compliance.

Vice President Carol Stradling asked, and you are?

John Cottrell stated, I’m John Cottrell.

Vice President Carol Stradling stated, historically we address the violation first. We have altered that in the past. What is the board's wishes?

David Scott asked, when was the house put in there?

John Cottrell stated, March of 2005. A little over a year ago.

David Scott asked, you came and got a permit for that?

John Cottrell stated, yes I did.

David Scott asked, why does it not meet the setbacks?

John Cottrell stated, I thought I did. The Building Inspector was out there 3 times. Two of them were out there. One was out twice and the other was once and I thought everything was fine. I know it was to be 32’ back from the road and I went 41’ back to the road. I went back further, and now I found out and I did not know this until I went to get my permit for my porch that it was wrong.

David Scott stated, you had to go from the property line and not the existing road.

John Cottrell stated, I went from the edge of the grass part, I did not know.

David Scott asked, did you have it surveyed before you put the property in?

John Cottrell stated, no.

Director Weaver stated, after Mr. Cottrell was in my office and he told me that the inspectors had been out and he thought he was meeting his setbacks, I did talk to Dave Anderson the Building Inspector and he also originally that the home was meeting the setbacks. At a later date he was across the road doing an inspection and realized that this home was not meeting setbacks. At what point that was I do not know, but he did admit that he thought it was meeting setbacks also originally.

John Cottrell stated, I also went by when doing the measuring and the drawing I went by, I came to the court house and got the size of the lots and everything and that is what I went by. That is how I measured it.

Attorney Altman stated, I received 3 sheets of paper, one has photos, and a Plexis Group photo and call this exhibit A. The photographs are very similar to what Diann’s are.

David Scott asked, Diann for a permit do they have to have a survey?

Director Weaver stated, no they do not, what he provided I’ve given you a copy of the drawing that he provided to us, it is attached to the letter we sent to him. It can be hand drawing it does not have to be done by a surveyor.

David Scott stated, Dave was out there and talked to him.

Director Weaver stated, that is what he explained to me, yes.

Jerry Thompson stated, it has just been there just over a year.

John Cottrell stated, yes.

Vice President Carol Stradling stated, you said you got the measurements and I was a little bit confused. When I look on your permit that you submitted in February of 2005 it indicates the lot size is 124’ x 129’.

John Cottrell stated, yes.

Vice President Carol Stradling stated, then I look at the drawing that you submitted with your original request and if I add the 39’ on the left side and 60’ with the home and 30’, I come up with a 129’.

John Cottrell stated, that was my mistake the first time, it is 129’ wide.

Vice President Carol Stradling stated, it is 129’ wide.

John Cottrell stated, yes it is.

Vice President Carol Stradling stated, when I look at your plan if we take the back measurements the long portion if 74.5’ wide and then the shorter portion is 64.5’ That is a 139’. Is your lot not square.

John Cottrell stated, I own the 3 lots, 40, 41, and 44., lot 39 belonged to my aunt and here recently I just bought this in January, so now I own all.

Vice President Carol Stradling stated, so you own all 4?

John Cottrell stated, yes.

Vice President Carol Stradling asked, but they are not all tied together?

John Cottrell stated, the 3 is, this one here is not and I’m adding it into this.

Vice President Carol Stradling stated, the survey would indicate that lot 39 is 54’ ¼’

John Cottrell stated, that is not right, I know the survey is wrong. They surveyed it wrong. They had to, if you go by the lot sizes and go out and measure it is right there. It is right there.

Vice President Carol Stradling stated, well 74.25’ and 54.25’ does make 128.5’, not 139’.

John Cottrell stated, on the length.

Vice President Carol Stradling stated, no on the width, on the survey this property says 74.25’ and on your original you have 74.5 and the shorter portion says 54.25’ and that is where you have 64.5’.

John Cottrell stated, the paper I got from the courthouse has 64.5’ on it. I have that here.

Vice President Carol Stradling stated, here this is, this is 64.25, but this is a narrower depth.

What you have done is taken this measure and put it here, it is here but this lot is narrower.

John Cottrell stated, I never add this lot to the drawing, I measured the metal post here that divided our property, it’s been there since I was 7 or 8 years olds.

Vice President Carol Stradling stated, fence post.

John Cottrell stated, they are not there now I yanked them out.

Vice President Carol Stradling stated, you have a discrepancy on the survey and even that would indicate even that number is wrong. The 64.5’ let me show you where.

This front line is 64.25’ so this line could be but it doesn’t go all the way here, it only goes here, so this line could not be 64.5’ and I don’t know if you took your measurements from that or where you actually took your measurements from, but your measurements don’t add up. What you put on your lot size doesn’t add up to your plan, doesn’t add up with where you originally put your house. Do you see what I’m saying?

John Cottrell stated, I measured from the front…

Vice President Carol Stradling stated, you measured from here and then you placed your house.

John Cottrell stated, I measured 41’ and …

Vice President Carol Stradling asked, did you ever measure this 59’?

John Cottrell stated, yes, give or take a 1’.

David Scott asked, did the building inspector come out before you placed the home?

John Cottrell stated, yes.

David Scott asked, and he thought he had it in the right spot?

John Cottrell stated, yes. Dave comes out twice.

David Scott stated, I make a motion because of some over sights here I think he thought he was putting it where it should be and obviously Dave thought it meet the setbacks when he was out there so I will make a motion that we waive the fine.

Jerry Thompson stated, I will second it. I would suggest that you have Mr. Milligan re-survey your property.

Vice President Carol Stradling stated, we have a motion and a second. All in favor of waiving the fine say “aye and all opposed. Motion is carried the fine is waived.

Attorney Altman stated, I would take Mr. Thompson’s advice and have Mr. Milligan put a stake on the corners. One thing to have it surveyed and all to have the corner staked is very helpful for you and then you have something to measure from.

Vice President Carol Stradling stated, you can’t measure from a fence post. Also this is for the audience if you measure from the back of the property you are usually okay. Usually if you can find the rear of the property and measure forward you are all right. We’ve had many instances where people take the edge of the roadway and measure back from that and not realizing that some of the grass that they have been mowing is road right of way. It does not belong to you and if you take the measure from the edge of the roadway and you don’t add any extra for the road right of way you are probably building to close. Measure from the back you are usually good.

David Scott stated, it is best to get a survey before.

Vice President stated, moving on to the variance then. You are wanting to add a porch on to this.

John Cottrell stated, yes.

Vice President Carol Stradling stated, the porch is 9’ x 9’ which would bring you even closer to the roadway.

Director Weaver stated, the roof is 9’. The survey shows the overhang.

John Cottrell stated, yes.

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

Jerry Thompson stated, not at this time.

Vice President Carol Stradling asked, Dave?

David Scott stated, I don’t have anything.

Vice President Carol Stradling asked, Gary?

Gary Barbour stated, no.

Jerry Thompson asked, any fan mail?

Director Weaver stated, no we have not received anything.

Vice President Carol Stradling asked, any comments from the audience? Diann the front setback should be 32’?

Director Weaver stated, yes.

Vice President Carol Stradling stated, he is asking for a 16’ variance on the Pennsylvania Street and 11’ on Harrison Street.

Jerry Thompson asked, how are you going to handle the roofline over the porch?

John Cottrell stated, they are going to tie it in with the existing the peak and everything.

David Scott stated, I’m a little concerned because it is on a corner lot, but looks like it, the roads are unimproved. Where does the 26’ road, does it dead end or what.

John Cottrell stated, it goes around to 1000.

David Scott stated, oh there is a county road.

Jerry Thompson stated, the adjoining ground there, the church ground what is next to you is there a parking lot or grass or what.

John Cottrell stated, just the old church.

Jerry Thompson stated, no what is up here.

John Cottrell stated, nothing, grass.

Jerry Thompson asked, there isn’t an exit point or anything for the church?

John Cottrell stated, from the back, no.

Vice President Carol Stradling asked, can you explain why you might need a porch to extend the entire length of your front of the home and the side?

John Cottrell stated, I have a side door and I wanted to build a porch all the way across the front and around to the other side.

Vice President Carol Stradling stated, you just want to.

John Cottrell stated, yes.

Vice President Carol Stradling asked, did you have plans to build the porch when you first sited the home?

John Cottrell stated, makes the value of the home go. No not like that. Just a regular 12’ x 12’.

Vice President Carol Stradling asked, on the front or the side?

John Cottrell stated, the front.

Vice President Carol Stradling stated, once again if you intended to build a porch on the front end you should have sited the house back a little bit.

David Scott stated, at this time he is in an area where nobody would really care and I don’t think there is a big traffic volume.

Director Weaver stated, just so you know Pennsylvania Street from what I have seen doesn’t go any farther to the East, I believe it dead ends there.

Vice President Carol Stradling stated, so there wouldn’t be traffic continuing on.

John Cottrell stated, no, Harrison is possibly a dead end.

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

Without further discussion the board voted.

The Board finds the following:

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

2. That the lot is a 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. The road going by the lot dead ends there.


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 16’ front (Pennsylvania St.) setback variance and an 11’ front (Harrison St.) setback variance to build a roofed porch and to bring the existing home into compliance on Lots numbered Forty-one (41) and Forty-four (44), in Block F, in the Town of Headlee.

COMMON DESCRIPTION: The property is located in the Town of Headlee at 11086 E. 1000 N.


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


The variance was granted based on the findings of fact by a vote of 3 affirmative and 1 negative.


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

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#2547 Whyte Horse Farm & Vineyard LLC; The property is located on W/S W NE 9-26-3 on 3.587 acres, the property is located South of Monticello at 1510 S. Airport Road.

Violation: None

Request: They are requesting a 40 space parking variance for a winery.

Vice President Carol Stradling stated, representing this request would be.

Larry Pampel stated, Larry Pampel.

Vice President Carol Stradling stated, please proceed.

Larry Pampel stated, originally the parking was for 63 parking spots and that is based upon 1 space per 100’ or something like that. We are requesting a 40 parking spot reduction because if you look at the drawing the North portion is called the winery building is 33’ x 34’ that is the only public part in that building. All the rest is processing, storage, tanks, cast not for public use. The other portion is approximate 1200 sq. ft. which is an auxiliary tasting room possibility some retail and that type of thing. The 40 additional spot will be where my wine sets. We are requesting and I might mention also that if you look it says existing stone driveway, when I first came to this board for variance we went with a B-2 on the front and a A-1 on the back that stone driveway extends tot he back and that was originally a portion used when they put in the sewer project and they parked trucks. Our intention was if we need over flow parking that ground has been compressed because that is where they parked all the trucks and stuff was to use the portion and not to have any more gravel or preserve green space. When we originally came before the board one of the things mentioned was to improve and one made a comment they didn’t want a big stripe mall parking lot and that is what we are trying to avoid. We want to maintain the grass in the front and if we should have over flow and I hope we would, but if we did we would have that area that is already stoned.

Director Weaver stated, I’d like to go into a little more detail. They did receive their building permit and at the time they received the original permit to start the construction they showed they would be meeting the 63 parking spaces. There is no violation at this point, they have determined they wanted to request a variance for that parking. The one picture I don’t know if you can see the bottom left hand side shows the back portion of the property and he does have vineyards started back there.

Larry Pampel stated, yes on the south side. The north side is where they couldn’t plant because it is compacted that is where they parked all the trucks and stuff back there.

David Scott asked, is this parking lot going to be asphalt?

Larry Pampel stated, gravel at fist, it has a gravel driveway in there and just assume the way, if you seen the building we are doing white with the barn and that type of thing. I want it to look soft rather then harsh.

Vice President Carol Stradling asked, any other questions?

Jerry Thompson stated, nothing.

Vice President Carol Stradling asked, Gary?

Gary Barbour stated, no.

Vice President Carol Stradling asked, any comments from the audience? Diann anything else?

Director Weaver stated, no.

Attorney Altman stated, so the actual public use space totals lower and the space you put in will actually have the requested spaces for that.

Larry Pampel stated, yes I have two more parking spaces than it shows here on the East Side of the building where you come in there are two existing parking places there. When I had Mr. Milligan draw it I just put those on there, I wanted to draw where the improvement.

Attorney Altman stated, the other area is for help, storage.

Larry Pampel stated, to the back of the building I will be putting a driveway that comes around to be hidden by trees. There is a turn around there for semi that extends up into the A-1 vineyard so I have if I wanted employees will park and they will access a rear door. The only other public area is if someone wants to see how I make wine.

Vice President Carol Stradling asked, any more questions?

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 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. The actual space where the public will go is 1620 square feet and the auxiliary room is 1200 square feet.

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 40 space parking variance for a winery on that part of the Northwest Quarter of the Northeast Quarter of Section 9, Township 26 North, Range 3 West in Union Township, White County, Indiana described by:

Beginning at the intersection of the North line of said Section 9 and Airport Road; thence South 03 Degrees 14 Minutes 44 Seconds West along Airport Road 250.00 feet; thence South 89 Degrees 10 Minutes 05 Seconds West 413.00 feet; thence North 00 Degrees 00 Minutes 00 Seconds East 249.39 feet; thence North 89 Degrees 10 Minutes 05 Seconds East 427.16 feet to the point of beginning containing 2.405 acres, more or less.

COMMON DESCRIPTION: The property is located South of Monticello at 1510 S. Airport 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.

****

#2548 Victor D. & Bonnie J. Chicke; The property is located on out S ½ SE 9-26-3 on .11 of an acre, the property is located South of Monticello across from 5804 Golden Hills Court.

Violation: None

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

Vice President Carol Stradling asked, you are?

Victor Chicke stated, I’m Victor Chicke.

Vice President Carol Stradling asked, is there anything else you would care to add to the request?

Victor Chicke stated, unless you want to know why I want it.

Vice President Carol Stradling stated, that would be great.

Victor Chicke stated, there is a pool on it and this is lakefront and the second lot behind it and I don’t have visibility all of the time and I decided I needed a fence. I will put up any kind of fence for the neighborhood.

Vice President Carol Stradling stated, so the fence would be just on one full side and parts of two other.

Victor Chicke stated, yes there is a fence on the South side.

Vice President Carol Stradling asked, so you are on lot 14?

Victor Chicke stated, yes.

Vice President Carol Stradling stated, that is where the residence is.

Victor Chicke stated, yes.

Vice President Carol Stradling stated, so then across the road is the lot and it has a garage and a pool.

Victor Chicke stated, yes.

Vice President Carol Stradling stated, currently there is part of a fence.

Victor Chicke stated, no there is no fence.

Vice President Carol Stradling stated, okay this is all new fence.

Victor Chicke stated, yes. There is no fence coming up the south side. There is a fence coming across the East Side of the garage and that is where the access to the garage would be.

Director Weaver asked, are you going to connect your fence to the neighbor’s fence?

Victor Chicke stated, yes.

Director Weaver stated, the survey shows the neighbors fence sets 2’ in on his property line.

Victor Chicke stated, I’ve already talked to him and it is going to come up in the back because his fence is not 6’. His shed is back there and the fence is attached to the shed. I could run a fence all the way up there, I don’t see running a fence 2’ apart from another one.

Vice President Carol Stradling stated, if they are going to connect it really doesn’t matter whose says it is theirs.

Director Weaver stated, no not really, I have not really had that situation before that is why I was trying to clarify. His fence is actually going to be on the neighbor’s property.

Victor Chicke stated, their fence is 2’ in.

Vice President Carol Stradling stated, we could look at it is the neighbor’s fence, but he is going to construct it. You can not own something not on your property. That part of the fence will not be yours.

Victor Chicke stated, right.

Vice President Carol Stradling asked, any more questions? Any fan mail?

Director Weaver stated, no.

Vice President Carol Stradling asked, how does the neighbor feel?

Director Weaver stated, I haven’t talked to the neighbor.

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

James Smith stated, I’m James Smith and I live at 5785 Golden Hill Court. We support this, we abut his property to the West.

Vice President Carol Stradling asked, do we have the arrow wrong?

James Smith stated, the road runs North and South.

Vice President Carol Stradling stated, okay you are to the West.

James Smith stated, right.

Vice President Carol Stradling stated, so you are away from the lake.

James Smith stated, yes.

Jerry Thompson stated, you are west of the pool.

James Smith stated, yes.

Vice President Carol Stradling asked, any more questions?

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. This fence is to protect a pool from the children. Part of it is on the neighbor but the neighbor agrees to this.


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’ front setback variance and a 6’ rear setback variance to build a 6’ privacy fence on a tract of land located in the South half (1/2) of the Southeast quarter of section nine (9), 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 ninety degrees East (N 90 degrees E) seven hundred sixty-six and fifty-five hundredths (766.55) feet and south two degrees west (s 2 degrees W) fifty (50) feet from a stone in the center of old Michigan City to Lafayette State Road; said stone is known as #10 as recorded in the surveyor’s record book B, page 9, in the surveyor’s office, White County, Indiana, and running thence South two degrees West (S 2 degrees W) fifty (50) feet thence North eighty-nine degrees and forty eight minutes East (N 89 degrees 48’ E) ninety-five and sixteen hundredths (95.16) feet; thence north five degrees and four minutes East (N 5 degrees 4’ E) fifty (50) feet; thence south eighty-nine degrees and fifty-four minutes West (S 89 degrees 54’ W) ninety-seven and eighty-three hundredths (97.83) feet to the point of beginning containing eleven hundredths (.11) of an acres more or less.

COMMON DESCRIPTION: The property is located South of Monticello across from 5804 Golden Hills Court.


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


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


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

****

#2549 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 with an office to the nearest dwelling not located on the same tract.


Jerry Thompson stated, Troy came late basically due to my suggestion. I talked to him this afternoon and I told him he was last on the agenda. So I think Jerry ought to swear him in.

Troy Furrer stated, my request at last months meeting I was granted a variance for the hog building and when I submitted the drawings I did not have the office on that building, and I do need an office room on that hog building so I’m requesting the variance so it can be added on to the hog building. It is going on the one I needed the variance for so that is why we need the variance for the office.

Director Weaver stated, I would like to add to that, the survey that was with your pictures this evening also includes a generator room, a 12’ x 18’ generator room on the survey.

Troy Furrer stated, after talking to my electrician I needed that room added to.

Director Weaver stated, hopefully we’ve got everything this time. I do have pictures this time, because of rain. If you look at the bottom right hand picture and see the grain bins and to the right of the grain bins that is the roof of the out building pole barn of the neighbor he is requesting the variance from.

Attorney Altman stated, in the interest of efficiency I would suggest that we incorporate all of the record from the variance request of the applicant that was heard last month and by this board so we have that evidence as a part of this hearing also.

Vice President Carol Stradling stated, I do have a question while reading through this information I’m not from a farm background which is probably very obvious. Explain to me please, you mentioned that you would knife the manure in, but you also mentioned no-till.

Troy Furrer stated, at last months meeting I said I would look into that. I will look into the equipment. We do no-till our ground because where we are if we work it up the dirt blows and it is more environmental friendly to no-till and leave the surface residue in tact. So much of the equipment does turn the ground a lot.

Vice President Carol Stradling stated, the knife blades that incorporate the manure.

Troy Furrer stated, yes. It works up the ground a lot. I said I would look into it and if I can find a good knife that would somehow get the manure in the ground without turning it all over and burying that residue that would be a more viable issue.

Vice President Carol Stradling stated, is it a timing issue that it could be done before planting or will the manure not break down enough before you do that.

Troy Furrer stated, I don’t want to turn the ground over because that would mess up our no-till.

Attorney Altman stated, we are real believers in conservation, but we are really concerned about the smell I think the board finds that much more preferred and in fact required. We’ve made others basically to do that keeping current doing current things to minimize that. That is probably a condition of what you are asking for and for you to obtain that.

David Scott stated, we have already approved the hog house.

Troy Furrer stated, right so this.

David Scott stated, the office isn’t going to smell any worse then the hog house. I’m not sure why he would need a set back just for a office.

Troy Furrer stated, because it is attached to the hog house.

Director Weaver stated, yes.

Attorney Altman stated, it is a part of the business. It isn’t an office for the farm but it is for this enterprise. It is a part of the picture.

Jerry Thompson stated, we’ve got the description of his office and the survey and drawing show for his back up power source. We have nothing in writing.

Director Weaver stated, I don’t understand what you are asking.

Jerry Thompson stated, the description it is obvious he is asking for the office, but we have nothing in writing for the power source even though it is on the, do we need any additional description or not.

Director Weaver stated, well actually at the time we made the request I didn’t know about the room for the generator. My opinion is I don’t know that we need it. I guess that is something Jerry.

Troy Furrer stated, it would be on the North end right beside the office about, the actually size of the office isn’t on here so if you want call it all office I don’t are.

Vice President Carol Stradling stated, Jerry doesn’t have the copy that we are looking at on the table. We have a new copy.

Attorney Altman stated it is closer to the adjoining house and that is what the variance is for, therefore I think it is not relevant. Technically the office end or the East End is slightly closer.

Troy Furrer stated, very little.

Attorney Altman stated, very little but it is a bit, I don’t think it is necessary to have it.

David Scott stated, I hope your operation smells better than the one in Reynolds.

Troy Furrer stated, I’ve never had a complaint. I am near town and I put additives in the feed and I haul manure in the wintertime.

Vice President Carol Stradling asked, are there any comments from the audience on this?

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. This operation must use and adopt all of the latest pratices and technology that limits the smell and polution in all parts of the hog operation.


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 with an office 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.

****


Vice President Carol Stradling stated, next on the agenda is business.

Director Weaver stated, the only thing I have Jerry is you might want to update them on the Michael Fortune situation.

Attorney Altman stated, I filed a motion for trial and the Judge has not gotten back to me on that. I really hope that it will be something short so just me and Diann have to go over for a morning. That is where we are on that. That is the violation with the $5,000 fine that didn’t get paid. This has been some time ago.

Director Weaver stated, it has been over a year ago.

Attorney Altman stated, the attorney was talking about some kind of settlement, but has not given me an offer and I told him if he wanted to settle I would take an offer to the board and he hasn’t yet, so I filed motion for trial figuring that might induce something, but hasn’t yet.

Put that on the agenda for next meeting so I can bug the Judge on getting a date.

Vice President Carol Stradling asked, anything else?

Director Weaver stated, I don’t have anything.

Vice President Carol Stradling asked, anything to bring before the board, just curious.

Tape went off.

The meeting adjourned.

Respectfully submitted,

Gary Barbour, Secretary

Diann Weaver, Director

White County Area Plan Commission