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The White County Board of Zoning Appeals met on Thursday, December 27, 2007 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.
Members attending were: Gerald Cartmell, David Scott, Charles Mellon, Jerry Thompson and David Stimmel. Also attending were Attorney Jerry Altman and Director Diann Weaver.
Visitors attending were: Tina Bernacchi (for Richard Blind), Jason Knoll (for Erik Segal), K. Joe Ruemler, Mark Carter, Ed Lawson, Dave Hornback, Allen Catterlin, John D. Gerhart, Shirley Gerhart, Kathi McAuliffe, Dani McAuliffe, Steve McAuliffe, Ron Coonrod, Coonie Coonrod, Rich Kendall, Rex Striebeck, and Ben Woodhouse (Deputy).
The meeting was called to order by President David Stimmel and roll call was taken. Charlie Mellon made a motion to dispense with reading and approve the minutes of the November 15, 2007 meeting. Motion was seconded by and carried unanimously. Attorney Altman swore in all Board members and audience members.
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#2682 The Farmers Co-Operative Company; The property is located on .96 & .52 of an Acre, Out NE SE 25-27-06 in the Town of Wolcott at 200 W. Scott Street.
Violation: None
Request: They are requesting a 75’ height variance for a tower and a 56’ height variance for two grain bins.
President Stimmel asked, and who is represent that variance please?
Joe Ruemler stated, Joe Ruemler.
President Stimmel stated, thank you Joe. Anything you want to add to that Joe, please?
Joe Ruemler stated, I don’t believe so, no.
President Stimmel stated, okay. If you want to just hang loose Joe we’ll just wait till the board digest a little bit of it.
Joe Ruemler stated, okay.
President Stimmel asked, is there anybody in the audience who wants to speak about this variance for or against? Okay, all right. Just give us a minute Joe.
Joe Ruemler stated, okay.
Charlie Mellon asked, how much more room you got Joe over there?
Joe Ruemler stated, I got it figured I can put up 2 more 48 diameters on the west end and I’m done.
Charlie Mellon stated, okay I knew it was getting pretty close.
Joe Ruemler stated, I’m full.
Charlie Mellon asked, are the people over there in town when you get a lot of wind say anything about, we always called beeswing…
Joe Ruemler, beeswings.
Charlie Mellon stated, the red stuff from corn.
Joe Ruemler stated, Charlie I used to it’s been about 10 years ago. Every year they’d send somebody up to check me out and I’d get no violations but either they’ve moved or something’s happened because I haven’t had anything for a long time.
Charlie Mellon stated, yes.
Joe Ruemler stated, a long time.
Charlie Mellon stated, I noticed coming through Idaville over there the other day it, well it was a long time ago, it was almost red out to 24 you know but that’s a farmer’s field.
Joe Ruemler stated, I put a new grain dryer though put up a Zimmerman drier in 95 or 96 and that helped a bunch. That keeps it inside, different than an old farm fence it would let it out.
Charlie Mellon stated, yes.
Dave Scott asked, are these, are these going to have driers on them or…
Joe Ruemler stated, no.
Dave Scott asked, blowers on them?
Joe Ruemler stated, variation fans, yes.
Dave Scott stated, variations fans. In the past typically we’ve made people put silencers on these things have you done, did you do that on your others?
Joe Ruemler stated, we do not know, and we’ve never had any complaints that I know of, nobody’s ever complained to us.
Dave Scott stated, and that’s in a residential neighborhood and that’s, I mean what do you fellows think about…
Charlie Mellon stated, there not quite as close to the neighbors over there as the ones in Idaville was. That’s what you’re thinking about, you know we demanded in Idaville.
Dave Scott stated, we’ve done that and we made the one in Reynolds do it also.
President Stimmel stated, right.
Charlie Mellon stated, yes, that’s right.
President Stimmel asked, what is the size of the fans Joe?
Joe Ruemler stated, uh, 30 horse.
President Stimmel stated, 30 horse. How many?
Joe Ruemler stated, 4 per bin.
President Stimmel stated, 4 per bin so triple.
Joe Ruemler stated, yes.
President Stimmel stated, I think Dave’s right, I think in the past we’ve tried, because you guys, I know you are a unique situation. Not unlike some of the others that we’ve had and that is the fact that they, you were in a residential neighborhood when you have requested and I want’ I just one vote, I’m just speaking my mind and that is that we have requested that you put some kind of noise litigation on the…
Joe Ruemler asked, even if nobody said anything?
President Stimmel stated, even if nobody said anything merely it’s kind of a good neighbor thing I think as much as anything else to do it just to kind, just because we, I think we sympathize with you in general, I think.
Joe Ruemler stated, um hum.
President Stimmel stated, I think and I believe, you know it would be you know it would just go with your best interest I think for the whole town if you didn’t have those 120 horses screaming, you know because they do get loud there’s no doubt about it even some triples.
Joe Ruemler stated, um hum.
Attorney Altman stated, you’ve set a precedence in the others.
President Stimmel stated, right.
Attorney Altman stated, I mean you’re pretty hard pressed to not follow your precedence also would be, from a legal point.
President Stimmel stated, yes, yes.
Joe Ruemler asked, but you made somebody else more than, I was here Hanenkratt, you made somebody else do it too?
Several Board Members stated, yes.
President Stimmel stated, we did in fact Joe and I think Hanenkratt’s had to do it and Co-op’s on the south side of Reynolds had to do it because of the fact that they were, they’re close enough you know to neighbors and things. They were going to have problems too, so.
Jerry Thompson asked, I know in the past you’ve dealt with Indiana Farm System, have you argued that with that far down the road on the property?
Joe Ruemler stated, no, I, yes I don’t use them.
Jerry Thompson stated, oh okay.
Joe Ruemler stated, last other two bins I have not. I’ve used Carter Miller, here tonight.
Jerry Thompson stated, all right, I remember Bob Rexler being here with me before so.
Joe Ruemler stated, I’ve used him for a couple of times.
Jerry Thompson stated, oh okay, okay, forget that.
Gerald Cartmell asked, Jerry?
Attorney Altman stated, yes.
Gerald Cartmell asked, should he have a consent to encroach on that ditch? He’s to close to the ditch but that’ll come after this anyhow I assume.
Attorney Altman stated, the 75’, yes he certainly should. Is that a legal drain?
Gerald Cartmell stated, yes.
Attorney Altman stated, then it certainly would need that the 75’.
Director Weaver stated, I think it…
Joe Ruemler stated, no we’ve already done that.
Director Weaver stated, yes, they’ve got.
Gerald Cartmell stated, well I didn’t see any documentation that’s why I was asking.
Joe Ruemler stated, yes, yes.
Attorney Altman stated, okay, let me look in the file I don’t see a copy so far of that but you certainly would need to have that. That’s right also so it would certainly be appropriate that you get that to us and that tonight’s vote either way be either aye or nay based upon providing the consent the encroach on that.
Gerald Cartmell asked, which you say you already have right?
Joe Ruemler stated, well now we’ve done, I don’t know, we haven’t done it for this particular set up but we’ve done it for every thing else. We have, everything else is lined up. Is that good enough?
Gerald Cartmell stated, yes, that’s not going to be a problem.
Joe Ruemler asked, that’s good enough or?
Gerald Cartmell stated, well we better have documentation.
Attorney Altman stated, it would need to be documentation.
Gerald Cartmell stated, a copy of something or so we know.
Joe Ruemler stated, okay.
Attorney Altman stated, that it consents to these encroaching also so you ought to get a hold of the commissioners and get that approved by them.
Gerald Cartmell stated, I don’t know why you’d have any trouble if you’ve never had it before.
Joe Ruemler stated, yes we’ve done it before I think.
Attorney Altman stated, yes I would suggest that with that there, my eyeball says there not closer than the others are although maybe it’s a real near thing, it’s about the same thing by the survey but they ought to have, ought to indicate that please.
President Stimmel stated, we’ve talked about the noise mitigation, anybody want to make a motion that that be part of the yea or nay vote?
Dave Scott stated, yes, I’d like to make that as part of the commitment just to stay consistent on what we’ve done in the past.
President Stimmel stated, right. Jerry second?
Jerry Thompson stated, second.
President Stimmel asked, all in favor?
Board Members stated, aye.
President Stimmel stated, okay, so what we’re saying Joe is it is you know the vote either way it goes is contingent on the fact that you use noise mitigation that’s available for your fan manufacturers and I think that’ll touch your decimal levels some.
Joe Ruemler stated, yes.
President Stimmel stated, in those areas. Are we ready to vote?
Several Board Members stated, yes.
President Stimmel stated, we’re voting.
Attorney Altman stated, all right announcing the results on the vote on petition #2682, 5 votes cast, condition upon the furnishing of the consent to encroach on the drainage right-of-way of the public drain on the north side of this matter and conditioned upon the motion properly seconded and unanimously adopted by Board that the project, the 2 bins use noise mitigation technology. This is approved 5 to 0.
Joe Ruemler stated, thank you.
Attorney Altman stated, thank you.
The Board finds the following:
1. That the property is properly zoned I-1, Light Industrial.
2. That the lot was an existing lot of record at the time of enactment of the ordinance, as defined in Section 2.114. That applicant must install all required noise mitigation fans.
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 75’ height variance for a tower and a 56’ height variance for two grain bins on Out of that certain Block of land situated in the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section Twenty-five (25), Township Twenty-Seven (27) North, Range Six (6) West, described as follows:
Beginning at a point 135 feet east of the Southeast corner of Lot No. 45 in the West Side Addition to the Town of Wolcott, White County, Indiana, running thence North One Hundred and Thirty (130) feet, thence east parallel with the center line of the Main Tract of the Pittsburg, Cincinnati, Chicago & St. Louis Railway and fifty (50) feet distant there from; East to a point three hundred twenty-two (322) feet; thence south one hundred thirty (130) feet; thence west three hundred twenty-two (322) feet to the place of beginning, all in the town of Wolcott, White County, Indiana.
A block of land situated in the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section Twenty-five (25), Township Twenty-seven (27) North, Range Six (6) West; described as follows: Beginning on the West line of Second Street in the Original Plat of the town of Wolcott, White County, Indiana, sixty (60) feet north of the Northeast corner of Lot Number One (1), Block H Original Plat to the town of Wolcott, Indiana, as the place of the beginning, thence running North One Hundred and thirty feet (130), thence west one hundred seventy-five feet, parallel with the center line of the main track of the Pittsburg, Cincinnati, Chicago and St. Louis Railway; thence South one hundred thirty (130) feet; thence east one hundred seventy-five (175) feet to the place of beginning.
COMMON DESCRIPTION: The property is located in the Town of Wolcott at 200 W. Scott 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 5 affirmative and 0 negative.
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#2683 Eric Segal; The property is located on Lot 8 in OP Block 17 in the Town of Brookston at 107 N. Wood Street.
Violation: None
Request: He is requesting a 26’ front setback variance to bring the home into compliance for a remodel and a 5’ side setback variance to build an attached garage.
President Stimmel asked, and you are sir?
Jason Knoll stated, I am Jason Knoll, the contractor. I have a note here from Eric signed and…
Attorney Altman stated, so I can put it in the file.
Jason Knoll stated, yes, so I can speak on his behalf.
Attorney Altman stated, we have, and I’ll read the body of it. It is addressed to us and it says I, Eric Segal, give Jason Knoll (of J & M home Improvement) permission to speak on my behalf at the December BZA meeting held on December 27, 2007 in regards to my variance request for 107 N. Wood Street in Brookston, IN. Signed by Eric Segal, notarized by Ann L. Wells.
President Stimmel stated, okay thanks for providing that Jason. Is there anything else that you want to add to what we’ve written?
Jason Knoll stated, no.
President Stimmel stated, okay.
Director Weaver stated, I do.
President Stimmel stated, Diann wants to add something.
Director Weaver stated, I just want to note that they are also doing an addition to the back of the house. It really isn’t worded very well in the request that there is an addition being added to the back of the home as well.
Jason Knoll stated, I want to add to that as well Diann, the addition has been done already. We’re, right not we’re just waiting on this variance for the garage so we can figure out what we’re, either we’re going to do the way that we have proposed to you guys or hopefully we can do it this way if not we’ll have to obviously go back to the drawing board and figure something else out.
President Stimmel stated, okay.
Jason Knoll stated, as well the adjoining, the neighboring property which if you have read what I had given you guys in my letter that the reason being that we have to get a variance is because the house, the house had burnt and the neighboring house as well had caught on fire and they’ve since demoed that house, it’s completely gone and the way that I understand that property is going to come up for sale soon and I think that Eric has put a bid in on it already, on the neighboring property so I don’t know how much that means to anybody right now as far as we’re concerned right now it’s still not his property but there’s potential there to, and that’s just came about in the last couple of weeks.
Director Weaver stated, I was going to say that neighbor was in and talked to us.
Jason Knoll stated, um hum.
Director Weaver stated, um and my understanding, and correct me if I’m wrong that his house burnt because the garage burnt, correct?
Jason Knoll stated, right, right.
Director Weaver asked, was the garage previously a detached garage?
Jason Knoll stated, yes it was detached from the house originally and when the fire started I believe it was an electrical problem in the garage is what had actually started the fire.
President Stimmel asked, Jason does it make any sense that maybe the course of action that you should take would be to table this thing until he gets, because it would be unnecessary to get the variance for…
Jason Knoll stated, right.
President Stimmel stated, because if he does buy that piece of property and…
Jason Knoll stated, well I would still need to get a variance for…
President Stimmel asked, the front to bring it into compliance?
Jason Knoll stated, for the front to bring it into compliance with the ordinance, um as far as the side variance goes I’d like to get started on it as soon as possible, his insurance company’s really pushing on me right now to get it done and 30 days is, I can get a lot done in 30 days.
President Stimmel stated, okay.
Jason Knoll stated, you know what I’m saying, if I can do it with a variance and get it done now then that’s the way that I would like to go.
President Stimmel stated, okay, all right. Jerry Thompson anything?
Jerry Thompson stated, no, not really.
President Stimmel asked, Charlie?
Charlie Mellon stated, no.
President Stimmel asked, Dave? Dave Scott, I’m sorry.
Dave Scott asked, there’s no way you could put this garage and meet the setbacks? We was out there and it looks like he’s got a lot of yard back there and I realize that to hook it to the house, I guess to be able to access the garage from the house, the problem is having it 4’ from the property if the neighbors build another house he’s going to want to be 4’ from the property line or you’re going to burn his house down again.
Jason Knoll stated, exactly, yes. I understand that, um, the reason that we’re doing it the way that we’re doing it now is so you still have an egress out the back of the house this way and you’re not going from the back of the home into a garage. I think I, I drew a little bit of a floor plan there that’s attached to that and if you look at that it shows through, you come through the front door which is and you come into the living room and then the kitchen and then the dining room and out the back of the dining room we have either a sliding door or a French whichever they decide on which would lead out on to a deck, um if we moved the garage around to the back side of the house then you have to go through the garage in order to get back out of the house and then being that you’ll have 9’ on the north side of the house, you can’t really build a deck on that side of the house. If you go to the south side of the house to try to get any kind of deck or outside living space you run into problems with you know, coming on to the property through the driveway, things of that nature.
Dave Scott asked, your furnace and the water heater, that’s going to be in the garage?
Jason Knoll stated, yes. It’ll be in a room that’s in the garage, yes. The trunk will run through that floor system and into the house that way.
President Stimmel asked, who owns the property to the north of you?
Jason Knoll stated, the property to the north is the, there’s a grain elevator there, ADM Grain, I think is what I believe is what it’s called.
President Stimmel stated, that’s what it looked like but I wasn’t sure that’s….
Jason Knoll stated, yes it’s a huge open lot right there and I, you know obviously they have that so that they can expand in the future but…
President Stimmel asked, I may have asked but is there anybody in the audience who wants to speak for or against the variance? No, okay. Gerald anything?
Gerald Cartmell stated, I kind of agree with Dave, I guess I hate to see it built right back where it was and I understand what he’s saying too.
Jason Knoll stated, it makes it hard to gain any outside living space if you have to go through the garage in order to do anything outside.
President Stimmel asked, what do you think Jerry, anything else?
Jerry Thompson stated, well it’s once again how many times, this is a unique situation, okay and I know, I know the parties involved and how it happened and it’s just a bad situation, you know.
Jason Knoll stated, yes.
Jerry Thompson stated, and definitely it’s going to be an improvement what’s put back on there that way.
Jason Knoll stated, right.
Jerry Thompson stated, certainly not going to hurt the community any.
Jason Knoll stated, no it’s definitely not going to hurt the community any.
Jerry Thompson stated, I guess I have no reason to be in favor of it.
Charlie Mellon stated, hardships there it looks like.
Dave Scott stated, pardon me Charlie, I didn’t get you.
Charlie Mellon stated, I said the hardship looks like it’s there, yes.
President Stimmel asked, are we ready to vote or want to talk about it?
Dave Scott stated, ready.
President Stimmel asked, ready to vote? Vote.
Director Weaver asked, did you bring your sign back?
Jason Knoll stated, no, I didn’t. I should be able to go get it in the morning. Are you guys open on Monday?
Attorney Altman stated, announcing the results for the vote on petition #2683 and we have 5 votes cast, the vote is 3 votes vote the variance be granted, 2 votes vote the variance be denied. The variance is granted.
Jason Knoll stated, thank you.
Attorney Altman stated, you need to get a building permit before you proceed.
Jason Knoll stated, thank you.
The Board finds the following:
1. That the property is properly zoned R-2, One and Two Family Residential.
2. That the lot was an existing lot of record at the time of enactment of the ordinance, as defined in Section 2.114.
3. That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit.
4. That no objectors were present at the meeting.
5. That proper notice was given by mail to adjoining property owners.
6. That the request is for a 26’ front setback variance to bring the home into compliance for a remodel and 5’ setback variance to build an attached garage on Lot Number Eight (8) in Block Seventeen (17) in the Original Plat of Brookston, White County, Indiana.
COMMON DESCRIPTION: The property is located in the Town of Brookston at 107 N. Wood Street.
7. That the variances herein authorized and granted are not so typical or recurrent in nature as to make reasonable practicable the formulation of a general regulation under an amendment of the ordinance for the above said specific piece of property, and the Board additionally finds that the above said variances are based on the findings of fact so made that are required to be made under the provisions of Section 10.10 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorizes the above said variances under the above said sections of the zoning ordinance.
The variance was granted based on the findings of fact by a vote of 3 affirmative and 2 negative.
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#2684 Stephen C. & Kathleen McAuliffe; The property is located on Lot 77 in Gingrich 2nd Addition at 5765 E. Sheridan Road.
Violation: None
Request: They are requesting an 8’ rear setback variance and a 16’ front setback variance to remove the existing home and detached garage and build a new home.
President Stimmel asked, you sir are?
Steve McAuliffe stated, I am Steve McAuliffe.
President Stimmel stated, okay Steve thank you.
Steve McAuliffe stated, the property owner there.
President Stimmel asked, okay anything you want to add to what I read Stephen?
Steve McAuliffe stated, just a few quick things that we though we should make everyone aware of.
President Stimmel stated, sure.
Steve McAuliffe stated, first of all we wanted to mention that the new home we wish to build will be our permanent residence. It’s not just going to be a weekend, oversized weekend retreat. This is why we need it to be slightly bigger than the existing house. Its still, what we’ve proposed is still only around 2100 sq ft, it’s not a gigantic, not any bigger than we need it. Regarding our request for variance to the north, we feel that building the new house 5’ north of the existing house is as close to the hillside as we are safe being due to the hills steepness any of the members if you were able to visit the property you’re aware.
Charlie Mellon stated, yes.
Steve McAuliffe stated, regarding our request to the south we feel we have made every effort to keep with the spirit with the ordinance by having the south overhang of the new house 20’ from the road itself. We think it’s also worth noting that the new house will be 10’ farther from the road than the existing garage is now. Lastly, we’ve tried to be as conservative as possible as to not encroach on the neighboring properties at all and as little as possible to the north and to the south. That’s all I have.
President Stimmel stated, all right Steve, one thing that you said that confused me just a little bit is you mentioned a 20’ overhang but I wasn’t sure…
Steve McAuliffe stated, well maybe I misspoke, let’s see. It’s good to have notes. Having the south overhang of the new house…
President Stimmel stated, okay.
Steve McAuliffe stated, be the overhang over the garage 20’ from the road itself, the overhang would be 20’ from the road, ordinance wants it 20’ from the right-of-way.
President Stimmel stated, oh I see, okay, okay. I understand.
Steve McAuliffe stated, we tried, like I said, we tried to keep with the spirit of the ordinance and keep it 20’ from the road we just couldn’t keep it 20’ from the right-of-way.
President Stimmel stated, to the right-of-way, okay. That’s where I missed the distinction.
Steve McAuliffe stated, sure, that’s okay.
President Stimmel stated, want to give the Board just a little bit of time to digest it if you would Stephen.
Steve McAuliffe stated, sure.
President Stimmel asked, is there any members of the audience that have comments for or against the variance?
Gerald Cartmell stated, I have a question before you walk away. How long before you come back and ask for a deck out by the lake?
Steve McAuliffe stated, we’re not quite sure if we just want to do a patio, maybe. We were thinking on the bottom.
Gerald Cartmell stated, I’m just checking.
Charlie Mellon stated, be on the high ground.
Steve McAuliffe stated, it’d be…
Charlie Mellon stated, it’d be up on the high ground.
Steve McAuliffe stated, yes.
Charlie Mellon stated, on the high end.
Steve McAuliffe stated, oh yes.
Charlie Mellon stated, and I doubt if they’d do that. If they stop for the height.
Gerald Cartmell stated, yes, I know.
Charlie Mellon stated, you know.
Gerald Cartmell stated, I’m just asking.
Charlie Mellon stated, they couldn’t…
Gerald Cartmell stated, no way your going to get machinery back there.
Charlie Mellon stated, they could put it in the ground and make it level.
Dave Scott asked, is there a garage in this end of it or is this…
Steve McAuliffe stated, the garage would be facing the street and he’s got…
Dave Scott stated, the garage is part of this…
Gerald Cartmell stated, proposed house.
Steve McAuliffe stated, yes.
Dave Scott stated, that proposed house.
Steve McAuliffe stated, yes, the…
Dave Scott asked, underneath is it 2 story or single…
Steve McAuliffe stated, yes the south most part of that sketch of the garage and then to the side of it, to the east of it a little there’s the front door where it notches out a little.
Dave Scott stated, okay. You’ll have a 2 car garage there to park in?
Gerald Cartmell asked, with a living area on top of the garage?
President Stimmel asked, Jerry, Charlie…
Jerry Thompson stated, 18 a little bit of a curve not a big deal I thought he mentioned 5’ there it’d be 4’ coming up the…
Gerald Cartmell stated, yes. The old garage used to be there and it’s not there he’s taking that out. The old garage…
Jerry Thompson asked, where’s the 5’ dimension he mentioned earlier?
Director Weaver asked, was that towards the water?
Steve McAuliffe stated, yes, to the north. Where the home that’s there sits now we’ve tried to you know not ask for anymore to the south by moving it 5’yet closer to the hill.
Jerry Thompson stated, okay, all right.
Steve McAuliffe stated, which…
Charlie Mellon stated, it don’t show that 5’ here.
Steve McAuliffe stated, it should kind of, I thought it showed the old one and the new one.
Gerald Cartmell stated, yes, existing maximum, yes.
Jerry Thompson stated, yes, it’s not marked exactly like that.
Director Weaver stated, I think the dotted line is the old house.
Gerald Cartmell stated, yes.
Jerry Thompson stated, yes, I see.
Director Weaver stated, your survey is kind of hard to understand.
Steve McAuliffe stated, okay.
Jerry Thompson stated, that is fine.
President Stimmel asked, any more questions? Ready to vote?
Jerry Thompson stated, yes.
President Stimmel stated, ready to vote. Thanks Steve.
Steve McAuliffe stated, thank you.
Director Weaver asked, did you bring your sign back?
Steve McAuliffe asked, um can we bring it either tomorrow or Monday yet?
Director Weaver stated, yes, yes. That’s fine.
Steve McAuliffe stated, okay.
Attorney Altman stated, announcing the results on petition #2684 5 votes cast, 4 votes vote the variance be granted, 1 vote, vote the variance be denied. You need to get, the variance was granted. You need to get a building permit before you proceed.
The Board finds the following:
1. That the property is properly zoned L-1, Lake District
2. That the lot was an existing lot of record at the time of enactment of the ordinance, as defined in Section 2.114.
3. That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit.
4. That no objectors were present at the meeting.
5. That proper notice was given by mail to adjoining property owners.
6. That the request is for an 8’ rear setback variance and a 16’ front setback variance to remove the existing home and detached garage and build a new home on Lot Number Seventy-seven (77) in Gingrich Second Addition in Union Township, White County, Indiana.
COMMON DESCRIPTION: The property is located South of the White County Airport and North of Chalmers Road at 5765 E. Sheridan Road.
7. That the variances herein authorized and granted are not so typical or recurrent in nature as to make reasonable practicable the formulation of a general regulation under an amendment of the ordinance for the above said specific piece of property, and the Board additionally finds that the above said variances are based on the findings of fact so made that are required to be made under the provisions of Section 10.10 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorizes the above said variances under the above said sections of the zoning ordinance.
The variance was granted based on the findings of fact by a vote of 4 affirmative and 1 negative.
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#2685 John D. & Shirley I. Gerhart; The property is located on Lot 3 in Pleasant Valley Addition at 2409 S. Pleasant Valley Court.
Violation: None
Request: They are requesting a 13’ front (NE side, canal front) setback variance to enclose an existing deck and a 9’ front setback variance (NE side, canal front) to build an addition.
President Stimmel asked, and is somebody here representing that variance?
John Gerhart stated, yes, I am John Gerhart.
President Stimmel stated, thank you Mr. Gerhart. Is there anything you want to add to what I’ve read sir?
John Gerhart stated, no, you did it…
President Stimmel stated, okay. Just give us a minute to digest it if you don’t mind. Is there anybody in the audience who wants to speak for or against the variance?
Charlie Mellon asked, you said you recently purchased it, how long have you had it?
John Gerhart stated, I believe that was August.
Charlie Mellon stated, oh just this fall.
John Gerhart stated, yes.
Charlie Mellon stated, okay. I was out there yesterday, you got a lot of area now really. I see where you want to enclose the deck.
John Gerhart stated, well the kitchen is currently 7 x 10 and you can’t open the dishwasher and the oven at the same time so we wish to enlarge that.
Charlie Mellon stated, I understand the 24” door is a pretty small door too.
John Gerhart stated, yes and for handicap accessibility that doesn’t pass the course.
Charlie Mellon stated, no. Enclosing the deck that wouldn’t bring it out as far as the north portion of the house is now, the main house part.
John Gerhart stated, no.
Charlie Mellon stated, no.
John Gerhart stated, it doesn’t.
Charlie Mellon stated, yes, and then the other part of it going south of the deck or on the other side.
John Gerhart stated, it’s going south of the deck.
Charlie Mellon asked, down towards the water on the other side?
John Gerhart stated, well I say south, I don’t…
Charlie Mellon stated, well I may be wrong too, it looks like it’s on an angle down there.
John Gerhart stated, it is an angle.
Charlie Mellon stated, yes, yes. You might say the other side.
John Gerhart stated, yes.
President Stimmel asked, Jerry any questions?
Jerry Thompson stated, no it looks like a nice property now and it looks like it will probably be nicer.
Charlie Mellon stated, yes.
President Stimmel asked, Dave?
Dave Scott stated, I don’t have any questions.
President Stimmel asked, Gerald? Ready to vote?
Jerry Thompson stated, yes.
President Stimmel stated, let’s vote.
Director Weaver asked, did you bring your sign back?
John Gerhart stated, yes, ma’am.
Attorney Altman stated, announcing the results on petition #2685, 5 votes cast again. 5 votes vote that the variance is hereby granted. You need to get a building permit before you proceed.
President Stimmel stated, thank you.
The Board finds the following:
1. That the property is properly zoned L-1, Lake District
2. That the lot was an existing lot of record at the time of enactment of the ordinance, as defined in Section 2.114.
3. That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit.
4. That no objectors were present at the meeting.
5. That proper notice was given by mail to adjoining property owners.
6. That the request is for a 13’ front (NE side, canal front) setback variance to enclose an existing deck and a 9’ front setback variance (NE side, canal front) to build an addition on Lot Number Three (3) in Pleasant Valley Addition, in Union Township, White County, Indiana.
COMMON DESCRIPTION: The property is located just South of the White County Airport, East of Airport Road at 2409 S. Pleasant Valley Court.
7. That the variances herein authorized and granted are not so typical or recurrent in nature as to make reasonable practicable the formulation of a general regulation under an amendment of the ordinance for the above said specific piece of property, and the Board additionally finds that the above said variances are based on the findings of fact so made that are required to be made under the provisions of Section 10.10 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorizes the above said variances under the above said sections of the zoning ordinance.
The variance was granted based on the findings of fact by a vote of 5 affirmative and 0 negative.
****
#2686 Richard G. Blind; The property is located on 69 in Gingrich Addition at 5831 E. Sheridan Road.
Violation: None
Request: He is requesting a 21’ front setback variance to build a new home.
President Stimmel asked, and you are ma’am?
Tina Bernacchi stated, I am Tina Bernacchi, I’m here for Richard Blind.
President Stimmel stated, okay. Do we have anything in writing that tells us that.
Tina Bernacchi stated, you do, you have my power of attorney.
President Stimmel stated, okay, gotcha. Thank you ma’am. Is there anything you want to add?
Tina Bernacchi stated, I don’t think so, I think it’s pretty self explanatory but definitely I’m open for questions.
President Stimmel stated, okay.
Charlie Mellon stated, I was out there, it’s a real long clean lot and they got it all cleaned off.
Tina Bernacchi stated, it was pretty bad before that.
Charlie Mellon stated, I imagine.
Tina Bernacchi stated, yes it was just a dilapidated house for sure, holes in it, animals living in it.
Director Weaver stated, I agree, it’s nice having the property markers out there and the markers for the corners of the house.
Tina Bernacchi stated, well I…
Director Weaver stated, that made it nice.
Tina Bernacchi stated, I wanted to make sure that it was staked out so that when they did do the demolition that it didn’t get on the neighbors property and they were respectful to that.
Dave Scott stated, the only question I had was there was no sign there, we couldn’t find it.
Charlie Mellon stated, yes, that’s right.
Director Weaver stated, I don’t get that, it was there the day before.
Tina Bernacchi asked, the sign?
Charlie Mellon stated, it’s gone.
Tina Bernacchi stated, I brought it back tonight.
Dave Scott stated, it wasn’t there today.
Charlie Mellon asked, where was it at?
Gerald Cartmell stated, it was there yesterday.
Tina Bernacchi stated, yes it was there.
Director Weaver stated, yes it was there.
Charlie Mellon stated, the day before it wasn’t.
Tina Bernacchi stated, it was there when…
Someone from the audience stated, back in the back row, she came and got it about 10 or 11 o’clock this morning.
Director Weaver stated, that’s why.
Tina Bernacchi stated, okay because I had to go to a board meeting this afternoon and I was in Brookston, I had to go to Lafayette and wasn’t going to get back in time.
President Stimmel stated, yes, we were up there about 3:00.
Dave Scott stated, it was…
Tina Bernacchi stated, I’m sorry.
President Stimmel stated, it’s all right.
Charlie Mellon stated, it’s all right.
Tina Bernacchi stated, because I know somebody was there yesterday and so I thought okay I’ll get it today because I’ll forget it like I always do.
President Stimmel stated, okay. Gerald any questions? Dave?
Dave Scott stated, no.
President Stimmel asked, Charlie any more?
Charlie Mellon stated, no.
President Stimmel stated, Jerry?
Jerry Thompson stated, no.
President Stimmel asked, ready to vote?
Gerald Cartmell asked, are you putting a stick house on or what?
Tina Bernacchi stated, a stick build modular, true modular.
President Stimmel asked, is it one of your homes you have down at the point? I thought I recognized you.
Tina Bernacchi stated, yes, it’s me again.
President Stimmel asked, has business been good for you?
Tina Bernacchi stated, oh it has and I have to tell you thank you so much for giving me the opportunity and it’s been just over a year now and I’ve done 10 homes.
President Stimmel asked, have you?
Tina Bernacchi stated, I know and it’s been very positive, my customers have been wonderful.
Attorney Altman stated, announcing the results of the vote on petition #2686, 5 votes cast, 5 votes vote that the variance is hereby granted. You need to get a building permit before you proceed.
Tina Bernacchi stated, thank you very much, happy New Year.
The Board finds the following:
1. That the property is properly zoned L-1, Lake District.
2. That the lot was an existing lot of record at the time of enactment of the ordinance, as defined in Section 2.114.
3. That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit.
4. That no objectors were present at the meeting.
5. That proper notice was given by mail to adjoining property owners.
6. That the request is for a 21’ front setback variance to build a new home on Lot Number Sixty-nine (69) in Gingrich’s Addition in Union Township, White County, Indiana.
COMMON DESCRIPTION: The property is located South of the White County Airport and North of Chalmers Road at 5831 E. Sheridan 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 5 affirmative and 0 negative.
****
#2687 Perry McWilliams; The property is located on 15 & 16 in Boller Lakeview Addition on 300 East.
Violation: None
Request: He is requesting a 30’ front setback variance and an 11’ rear setback variance to build a new home. (Measured from the overhangs).
President Stimmel asked, and you are sir?
Dave Hornback stated Dave Hornback. I think I have a letter in the file authorizing.
Director Weaver stated, yes, and I believe the Board has a copy of that.
President Stimmel stated, thanks Dave. Dave is there anything you want to add to what I read?
Dave Hornback stated, I don’t know if you guys have had a chance to go out and take a look at that or not.
President Stimmel stated, yes, absolutely.
Dave Hornback stated, but I was out there the other day and I wanted to play around with my telephone camera so I clicked a couple of pictures and it was kind of interesting. I’ll show you that. The pole around to with the black bow around it, that’s a power pole and its 25’ from the center line of the road to that pole.
President Stimmel stated, Dave as you go along here one of the things that concerns me when we were out there today and that was the fact that I don’t see any property boundary stake anywhere, you know I don’t see any survey markers.
Dave Hornback stated, you know I could, well Jim Milligan did the survey and I couldn’t find them either.
President Stimmel stated, okay.
Dave Hornback stated, that’s kind of the reason I took the picture and taped it off the center line of the road because I didn’t see any stakes that he’d set. They may have been driven in the ground and I couldn’t see them.
President Stimmel stated, right, I mean we were, today we were looking for any kind marker, paint or anything on the ground.
Dave Hornback stated, yes.
President Stimmel asked, how long ago was the survey done? I could look, I guess maybe…
Director Weaver stated, it’s dated November 28th.
President Stimmel stated, okay.
Director Weaver stated, well he doesn’t normally stake a lot unless it’s requested.
President Stimmel stated, really, okay. Just my question that’s all.
Director Weaver stated, the survey doesn’t tell you the width of the roadway.
Dave Scott asked, are we going to keep these?
Attorney Altman stated, yes we sure are.
Dave Scott stated, maybe you better tell him, I don’t know maybe he doesn’t care.
President Stimmel stated, just real quick, you need to know this, but we keep the pictures. We’re kind of rude that way.
Dave Hornback stated, I’ll tell you what I’ve got a $1.89 invested in these suckers.
President Stimmel stated, no really by law, I mean Dave explain that to him.
Dave Hornback stated, yes, I don’t want them.
President Stimmel stated, okay and you started to explain something, I’m sorry.
Dave Hornback stated, well it’s 25’ from the centerline of the road to that power pole and I measured the adjacent building to the north of it, the property north of it and it’s 25’ from the centerline of the road to the building there.
President Stimmel stated, hold on Dave.
Director Weaver stated I’m sorry.
President Stimmel stated, I’m sorry you guys are having a side conversation here and it’s going to confuse the girls on the tape.
Director Weaver stated, yes, it is.
Dave Scott stated, oh okay.
Gerald Cartmell stated, sorry.
President Stimmel stated, they’ve been duly chastised, so.
Dave Scott stated, yes. Sorry about that.
President Stimmel stated, go ahead Dave, I’m sorry.
Dave Hornback stated, well like I’ve said I measured from the centerline of the road to that power pole to get an idea of how far it was and it’s 25’ to the power pole on this property, I measured from the centerline of the road to the adjacent property to the north to see how far it was off the centerline because that right-of-way is kind of narrow around there as you know and it was 25’ from the centerline of the road to that building. So this building will actually be farther off the centerline of the road.
Attorney Altman asked, how big of a building are you proposing?
Dave Hornback stated, I can’t tell you Jerry, I don’t know. He’s got it drawn on there but have you got a copy of the drawing that Jim…
Director Weaver stated, we’ve got a copy of the survey, yes.
Dave Hornback stated, yes a survey and that’s shown on there but he doesn’t give, well we could do the math he’s showing it a 40’ the building property and the garage would be 18’ and this 24’ that you can see it when you look at it there.
Gerald Cartmell stated, well your assuming that’s the garage. It doesn’t say it is.
Dave Hornback stated, well that’s a mistake, it is, that’s what it is though Jerry.
Attorney Altman stated, so it’s 0 setbacks on the east side.
Director Weaver stated, yes. What’s noted is NIPSCO line is also the property line.
President Stimmel stated, the question I had for Dave and we talked about this is why in the heck does that say NIPSCO line and everything else I’ve ever seen in my life says SFLECC.
Dave Hornback stated, you know I questioned that too. I went and talked to Jim about that, you know I was surprised to see that the, any property line didn’t follow the water line but it doesn’t.
President Stimmel stated, no.
Dave Hornback stated, and he said that’s the old original description of it and so now it is the new entity, the SF…
President Stimmel stated, SFLECC, it took me about 2 years to get that one...
Dave Hornback stated, yes, I’m proud of you.
President Stimmel stated, so I guess I’m still not understanding what you’re saying. Milligan is saying that if he did a new survey that would say SFLECC I wonder. I’m not trying to nit pick this thing.
Dave Hornback stated, I don’t know.
President Stimmel stated, I’m just curious.
Dave Hornback stated, I think Jim probably just took that off the old original records.
President Stimmel stated, okay.
Director Weaver stated, that’s what I would guess too.
Dave Hornback stated, and it hadn’t been flagged in there as…
Director Weaver stated, I believe anything that was NIPSCO’s property in that area is probably SFLECC’s now.
President Stimmel stated, but that’s I guess one of the reasons I was questioning it was because wondering how far up the ditch actually the NIPSCO property went. That’s the only reason I had any questions about it. SFLECC’s property I guess I should say.
Dave Hornback stated, I’m surprised that I thought NIPSCO always just owned to the water line but you know they had that right-of-way back but…
Charlie Mellon asked, everything’s coming down on that property that’s out there now?
Dave Hornback stated, oh yes. That old mobile home’s so…
Charlie Mellon asked, and the brown shed behind?
Dave Hornback stated, yes it’s all in pretty bad shape.
Charlie Mellon stated, okay, leaves it wide open.
President Stimmel stated, Dave you had something too.
Dave Scott stated, because the lot is so small and it’s going to have to be set in there on the back, the piece that shows the property lines on the survey here, we don’t know where that reference to the road and I would like to see the lot staked and that, is that 9’ off the lot in the front.
Dave Hornback asked, that’s off the property line isn’t it?
Dave Scott stated, so that’s off the property line.
Dave Hornback stated, well the question I had is what is the official right-of-way width in that area?
Dave Scott stated, that’s why we looked at it thinking…
Director Weaver stated, well and Jim didn’t designate that on the survey either, normally he does.
Attorney Altman stated, so Dave what you’re saying is you want it staked and you want the right-of-way listed on the survey. Just making a list here so that Dave knows what we want to bring the next time.
Dave Scott stated, I think we need to need to know where the corner of that house is referenced to where the road is now.
Attorney Altman stated, and that, that, sure.
Charlie Mellon stated, 9’ from the road.
Attorney Altman stated, or 9’ from the right-of-way.
Charlie Mellon stated, yes.
Attorney Altman stated, that would matter. If they didn’t have, just not much room but it still matters a lot.
Charlie Mellon asked, and that’s usually from the side, edge of the road isn’t?
Attorney Altman stated, yes.
Charlie Mellon stated, it isn’t the middle.
Attorney Altman stated, yes, it usually is, yes. So that, what else would you want on that survey? I guess you’d certainly want to know if the SFLECC is the same as the NIPSCO line on there but that’s probably I think your right Diann just the probably a slam dunk that’s just an old survey.
Gerald Cartmell stated, well the other thing is do they want them to build that close to that line too.
Dave Scott stated, yes if it’s not an encroachment do you need something from them or do you just…
Attorney Altman stated, no, you didn’t give them notice.
Director Weaver stated, we notify them any time there is a request along the water.
Dave Scott stated, ok so they’ve been notified.
Director Weaver stated, they should have been yes.
President Stimmel stated, I’d like to see us table the thing until they can get it staked. In all honesty Dave…
Dave Hornback stated, oh that’s okay, yes.
President Stimmel stated, talk to anybody to be able to grasp the relationship of that proposed house to the actual right-of-way.
Dave Hornback stated, I think maybe, I know the fence on the west side of that road is closer, there’s not a, but normally there’s about a 20’, it’s a 40’ right-of-way so it’d be 20’ from the centerline of the road. Now not the power pole because it’s 25’ but that other pole that you see there on that picture.
President Stimmel stated, yes.
Dave Hornback stated, it would be about 20’, it would be pretty close to the property line.
Director Weaver stated, well see the power poles don’t show on the survey either.
Dave Hornback stated, I agree with you.
Director Weaver stated, yes.
Dave Scott stated, see the surveys just not…
President Stimmel stated, not very good.
Dave Hornback stated, not very complete.
Dave Scott stated, and I’m not against what he’s wanting to do here I mean it’s going to be an improvement, there’s no question about it but we need to know where it’s going to be.
President Stimmel asked, are suggesting then too Dave that we want to put the power poles on the survey too?
Attorney Altman stated, yes, utilities.
President Stimmel stated, yes, the utilities.
Dave Scott stated, either that or stake the lot, one or the other so we…
President Stimmel stated, no I think stake the lot, definitely because of the fact that I don’t know how in the heck you’re going to tell where when he builds the house where it is in relationship to the property line and that’s going to be really crucial.
Gerald Cartmell stated, now Dave I bet you wouldn’t build a bridge without a survey.
Attorney Altman stated, the other thing would be Dave…
Dave Hornback stated, I might, no I’ve been out of it for awhile.
Attorney Altman stated, the utility easement on there, it ought to be on here too because that would make it even tighter if there’s, you know we’ve got poles there well there not there because they’ve been there because there’s an easement of some sort of there.
Dave Scott stated, and I’m sure there’s got to be one but I didn’t see a septic thing out there and it’s not on here.
Dave Hornback stated, yes well it’s on, in this picture right here there’s part of the new system.
Dave Scott stated, oh there it is, okay, good enough.
Attorney Altman stated, yes the grinder ought to show on there.
Dave Scott stated, yes it is.
Gerald Cartmell stated, not on the, it needs to show on here though, on the survey.
Dave Scott stated, okay. Yes they usually put it on the survey. He does have one.
President Stimmel stated, all right so we’re going to revise this thing we’re going to entertain a motion to table this until next month. We’re going to provide you with a list of things that’d we’d like to see in addition to the existing survey.
Attorney Altman stated, the other thing is it would seem to me like it’d be a real, real in this matter if all of lot #15 were included in this survey.
Dave Hornback stated, well.
Attorney Altman stated, because it shows it on Diann’s sketch here, it being quite a ways down there and a lot more ground, since we’re talking about very much ground.
Dave Hornback stated, no there’s not that much useable ground though because that gets real narrow and it’s real rugged.
Attorney Altman stated, well that may be but it’s there and I think it would help your application, Perry’s application if we have it all on there. I agree it’s probably not real useable but it’s there and it would go on the plus side, not on the negative side.
President Stimmel stated, okay, do we have a motion?
Jerry Thompson stated, moved.
President Stimmel stated, move, second?
Charlie Mellon stated, yes.
President Stimmel asked, all in favor?
Board members stated, aye.
President Stimmel stated, so the variance is tabled and we’ll provide you with a list of issues you want to put on that survey, Dave.
Attorney Altman stated, and I marked the exhibits A, B and now I’ve got C up here.
Dave Hornback stated, okay.
President Stimmel stated, I figure it’ll probably be him the next time I assume.
Dave Hornback stated, oh yes they’ll be back next week.
President Stimmel stated, okay.
Dave Scott stated, and I don’t know if I can add something now.
Attorney Altman stated, sure.
Dave Scott stated, it wouldn’t hurt to identify where the well is.
Attorney Altman stated, oh yes, yes.
Charlie Mellon stated, sure.
Gerald Cartmell stated, he didn’t do a very good job, this is pretty bad for…
Dave Hornback stated, yes, I thought it was pretty skimpy.
Gerald Cartmell stated, yes.
President Stimmel asked, I’m sorry Dave anything else you want to add?
Dave Hornback stated, this list that your going to provide me, will you get that typed up for Perry then next week some time or whenever you…
President Stimmel asked, do you want to mail that to him or do we want him to come and get it, what’s the best way to make sure he gets it?
Dave Hornback stated, let me have him just stop in and pick it up.
Director Weaver stated, okay.
President Stimmel stated, okay.
Dave Hornback stated, okay, thank you.
****
President Stimmel stated, thank you Dave. Any other business before the board? You gentlemen have something to….
Ron Coonrod stated, I’m Ron Coonrod and I guess the only reason I’m here, I talked to Charlie the other day and he said we were looking for a variance on IDEM permits from one boy to 2 boys and that out there. It was pulled up on the computer but it’s not on your thing but that’s the only reason I’m here.
Director Weaver stated, a variance for what purpose?
Ron Coonrod stated, on the permit for hog building and that, change was in one boys name there Coonie’s and we’re putting 2 boys on it and had to go…
Charlie Mellon asked, did you come and see Diann about it?
Ron Coonrod stated, no they sent, we just got a guy doing it from down in Indy on the engineering and stuff and you’ve got a notice that I presumed it was all done because there is a notice published on the computer rolled up on the…
Gerald Cartmell stated, it was in the paper.
Director Weaver asked, for the Board of Zoning Apeals?
Ron Coonrod stated, yes it was in the paper and that.
Gerald Cartmell stated, it was in the paper.
Ron Coonrod stated, for this meeting, IDEM and that there was…
Director Weaver stated, okay so it’s an IDEM meeting that’s not us.
President Stimmel stated, okay.
Gerald Cartmell stated, it’s not us.
Ron Coonrod stated, it’s not you, don’t have nothing…
Director Weaver stated, we don’t have anything filed for it, no.
Ron Coonrod stated, it was listed under the Area Plan when we rolled up the thing…
Attorney Altman stated, this isn’t Area Plan.
Ron Coonrod stated, huh.
Attorney Altman stated, this isn’t Area Plan it’s the Board of Zoning Appeals.
Director Weaver stated, but Area Plan doesn’t have anything filed either.
Gerald Cartmell stated, no it’s IDEM. That’s an IDEM permit.
Director Weaver stated, the whole department…
Ron Coonrod stated, we should have stayed home and watched TV then.
Attorney Altman stated, or made a phone call, I guess.
Charlie Mellon stated, but before that it was in the paper.
Ron Coonrod stated, yes it stated at 7:30, that’s what it said because, not to be argumentative but we, you can roll up on the computer what the agenda is for Area Plan and it went down through there and it’s got a number, had a number and everything on it in that.
President Stimmel stated, well I’ll be darned.
Attorney Altman stated, I’d like to see a copy of that.
Director Weaver asked, and agenda on the Herald Journal website?
Ron Coonrod stated, yes.
Charlie Mellon stated, yes it was in the Herald Journal.
Ron Coonrod stated the Journal listed that it was under this…
Charlie Mellon stated, I saw it in the Herald Journal.
Gerald Cartmell stated, it’s IDEM though, it’s under IDEM it’s not under Area Plan.
Director Weaver stated, yes we don’t supply them an agenda either.
Charlie Mellon stated, well I saw where it was supposed to come up the 27th.
Ron Coonrod stated, Charlie’s the one that told me about this. Yes, blame it on Charlie his shoulders is wide.
Attorney Altman stated, I’d like to see a copy, print that out I’d love to see it so that we can make sure that this doesn’t happen again.
Ron Coonrod stated, well television isn’t any good anyway.
President Stimmel stated, we apologize for your inconvenience honestly. That’s unfortunate. Sometimes I think we should do business at the beginning at the meeting.
Attorney Altman stated, yes sometimes except for you never know…
Gerald Cartmell stated, you had second thoughts.
Ron Coonrod asked, what’s our procedure? Outside of getting you a copy of that you asked there, they just said it was supposed to be the 27th is what it said on the thing there, 7:30.
Director Weaver stated, you will need a building permit and Area Plan will, I will review that permit before it’s issued. If you’ll need a variance then you’ll have to file it.
Ron Coonrod stated, because this is…
Gerald Cartmell stated, he doesn’t need a variance.
Charlie Mellon stated, no.
Gerald Cartmell stated, he’s 40 miles away from everybody.
Director Weaver stated, you know I don’t have any idea without having any of the paperwork.
Ron Coonrod stated, yes I own all the ground around it the variance would have to come to me.
Gerald Cartmell stated, yes, yes.
Ron Coonrod stated, well that’s just what it had in there and trying to do everything by the book so…
President Stimmel stated yes.
Director Weaver stated, sir if you would like me to look at that tomorrow with you or one of the girls in the office then feel free to bring it in.
Ron Coonrod stated, yes we’ll be in there because I’ll, the permits already, the thing we switched companies and then decided to put 2 boys on instead of 1, I’d like to put another one on but they only need there because he’s wanting it to be a family organization and good lordy the paperwork on that is…
Charlie Mellon stated, no you don’t want, you want…
Ron Coonrod stated, I ain’t going to switch my mind no more.
Charlie Mellon stated, if you want 3 you better get it all done with all of them on before you come.
Ron Coonrod stated, good lord, don’t even mention that, Charlie.
Attorney Altman stated, that’s good advice Charlie, do it once right.
Ron Coonrod stated, thank you.
President Stimmel stated, thank you. Any other business?
Director Weaver stated, I had told the Board last week that I would go out and pay a visit to the Sharon Malysa and Joe Tadevich property, this is the one that build the roofed porch without the permit and requested a variance and you denied it. I went out there today, I’ve given you a copy of the picture of that property.
President Stimmel stated, yes, I saw it.
Director Weaver stated, they have not done anything to that property, the roofed porch is still there as it was. I looked at the minutes which were minutes that you approved tonight and I did not see that you have them a deadline of any kind and when to have it done. I just glanced at it. I may be wrong but it was in the ones that you approved tonight.
Gerald Cartmell stated, I didn’t look at the minutes but I’m just trying to, I think we did.
President Stimmel stated, we gave the guy…
Gerald Cartmell stated, Holmes.
President Stimmel stated, Holmes, we gave him a deadline.
Gerald Cartmell stated, yes, but I’m almost sure, I wouldn’t guarantee it.
Attorney Altman stated, boy, my memory’s, I’d have to read the minutes to make sure. At any rate a reasonable time is, is…
Gerald Cartmell stated, coming short.
Attorney Altman stated, coming shortly.
President Stimmel stated, but what would be our options Jerry in a situation like that where we did not give her a time.
Attorney Altman stated, right, write her a letter telling her that she, after such and such time we’ll have to take her to court based upon a nuisance violation.
President Stimmel stated, okay.
Attorney Altman stated, and I, you know I think Diann could write a letter to her saying give her 30 days to appropriately respond or we will have to go to court.
Director Weaver asked, is that what the Board wants me to do?
Attorney Altman stated, or I can do it, you know the director can certainly do that too.
President Stimmel asked, are you guys okay with that? Charlie you okay with that?
Charlie Mellon stated, I guess, yes.
President Stimmel stated, okay, that’s the way it goes, I guess.
Charlie Mellon stated, this hog building of Coonrod's, he’s already got a permit, IDEM.
Director Weaver stated, I don’t have any clue what it was.
Charlie Mellon stated, all he needs is Area Plan, he don’t need to come in front of us, he’s out in the middle of a 40 acre field.
Director Weaver stated, he wouldn’t need to go to Area Plan either.
Charlie Mellon stated, nobody lives around there.
President Stimmel asked, any other business Diann?
Charlie Mellon stated, too bad that was in the paper, that was in the Herald Journal.
Attorney Altman stated, I didn’t see it Charlie.
Charlie Mellon stated, and I read it. It’s been a month or 6 weeks ago they…
Gerald Cartmell made motion to adjourn.
President Stimmel seconded the motion.
The meeting adjourned.
Respectfully submitted,
David Scott, Secretary
Diann Weaver, Director
White County Area Plan Commission
Document Prepared By: __White County Area Plan, _______________________________________________
“I AFFIRM, UNDER THE PENALTIES FOR PERJURY, THAT I HAVE TAKEN REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN THIS DOCUMENT, UNLESS REQUIRED BY LAW.”
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