Get Adobe Flash player

The White County Board of Zoning Appeals met on Thursday, May 15, 2008 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, and Jerry Thompson. Also attending were Attorney Jerry Altman and Director Diann Weaver.
Visitors attending were: Sherry Gee, Kerry & Holly Muller, Rick & Terry Provo, Ryan Brown, Sandy Koebcke, Bill Koebcke and Ben Woodhouse (Deputy).
The meeting was called to order by Vice President Jerry Thompson and roll call was taken. Charlie Mellon made a motion to dispense with reading and approve the minutes of the April 8, 2008, and the April 17, 2008 meetings. Motion was seconded by and carried unanimously. Attorney Altman swore in all Board members and audience members.
****
#2707 Kerry D. & Holly A. Muller; The property is located on Lot 80 in Gingrich 2nd Addition, located South of Monticello at 5745 E. Sheridan Road. Continued from April 17, 2008 meeting.
Violation: None
Request: They are requesting a 19’ front setback variance, a 7’ east side setback variance, a 6’ west side setback variance, and a 10’ rear setback variance to bring the existing home into compliance and to build a 2 story addition.
Vice President Jerry Thompson asked, and sir you are?
Kerry Muller stated, Kerry Muller.
Vice President Jerry Thompson stated, you are Mr. Muller, okay thank you. Do you have anything else you’d like to present to the board other than what I read for the record?
Kerry Muller stated, yes I do. First I want to talk about the hardship letter uh, Holly and I’ve lived in this house for uh, 9 years and it’s a very small house. This is the reason why we’re wanting to put this garage with an addition on over the driveway. I’m a very tall person so our bedroom is very small, my feet’s been hanging over the end of the bed for the last 9 years, okay. The new sewer came in and we were very hopeful that at that time, it’s about 4 years ago that we’ve been able to add an addition onto the house and um, so with that after consideration and you know talking about what we wanted to do we presented this plan on how we wanted to expand our dwelling. Um, last meeting we had, there were a lot of conversations back and forth about the widths and concerns about ambulances and fire trucks being able to access the property on the north side of the lakeside. Um, I contacted 2 fire chiefs and they, I told them about the situation and what we had discussed and they said that the state Fire Marshall requires them to keep their fire equipment away from a dwelling out of the fall zone so the need of them to go to the north side of my property would not be a need is what they instructed me and then I also contacted a paramedic on the request about ambulances and said what they would do is pull into the driveway and then get their gurney and then take the gurney to you know the party that needed help. Okay, in the neighborhood I went and I took some pictures and what these are…
President Stimmel stated, excuse me, um if you present them we keep them.
Kerry Muller stated, oh that’s fine.
Vice President Jerry Thompson stated, there’s no other way of putting it, we keep them for the record, okay.
Kerry Muller stated, that’s fine, you can have them.
Vice President Jerry Thompson stated, okay.
Kerry Muller stated, the first set of pictures here is an east side and a west side view.
Charlie Mellon stated, um hum.
Kerry Muller stated, uh, this is located on Sheridan Road also and this is a new construction home as you can see on the permit there this is just granted here recently, 2 months ago. This one here is an existing house in a similar condition um, you know because all those lots are very, very small. And then I took and went up to another area so I went to an addition 2, additions north of me, Terrace Bay and there’s a picture of that place. If you look at it because I didn’t have a platted survey so I couldn’t tell you exactly where the property lines were so what I did is measured house to house and the first one 5687 the west side was 6’ and the east side was 7’ so the total distance of 13’. I think Mr. Mellon has that picture right now.
Charlie Mellon stated, yes.
Kerry Muller stated, uh, the new construction as it’s being passed on over here is the west side is 6’ 4” from house to house and on the east side is 11’ 6” which gives you a total of 17’ 10”.
Charlie Mellon stated, 17’, yes.
Kerry Muller stated, the Terrace Bay one down here and that’s 7…
Charlie Mellon stated, 02.
Kerry Muller stated, 702 has 8’ 2” on the east and 11’ on the west. That give you 19’ 2, you know, both sides. There’s another house that was right close to that it’s 712. The 702 is a fairly new home within the last 5 years. Uh, 712 was an older home and it has 7’ 6 on the east side and 6’ 3 on the west, it’d be at 13’ 9. Our addition that we want to put on there, if you combine the 2 side’s equals out to uh, 19’ 2” so as we talked about that and you can have this too. Uh, as we talk about that there’s several cases that the side setbacks are a lot smaller then what I’m proposing with this variance request.
Dave Scott stated, here’s where between the buildings probably 10 there and 8 there. It’d be 8 to me.
Charlie Mellon stated, yes.
Dave Scott stated, they’re 18.
Vice President Jerry Thompson stated, okay.
Kerry Muller asked, is there any questions? I tried to get some homework to answer some of the questions that came up.
Vice President Jerry Thompson stated, that’s fine.
Kerry Muller stated, at the last meeting.
Vice President Jerry Thompson stated, that’s fine.
Kerry Muller stated, so…
Vice President Jerry Thompson stated, you just sit tight there a second um, we have a couple of items here I think that needs to be entered into the record. Jerry do you want to…
Attorney Altman stated, sure, um I marked the photos the 5 photos he’s marked, presented this evening exhibit A, B, C, D, E, um, for the record. In the order you testified, but I’m not sure about that. We do have a letter here uh, it is dated 2-26-08 uh, I’ll read it, Area Plan. Kerry and I are requesting size…
Gerald Cartmell asked, didn’t you read that the last meeting?
Attorney Altman stated, I think this was read, yes, yes.
Vice President Jerry Thompson stated, was it, okay.
Gerald Cartmell stated, I wasn’t here but I’m thinking it was.
Attorney Altman stated, yes, it was, yes okay.
Vice President Jerry Thompson stated, it probably is I didn’t know.
Attorney Altman stated, I think it’s their hardship letter that he has uh, amplified on this evening.
Vice President Jerry Thompson stated, okay that’s fine.
Attorney Altman stated, and this was with that.
Vice President Jerry Thompson stated, no, no this is what the presentation on the other homes in the area that compare to theirs.
Attorney Altman stated, okay so then I’ll mark the yellow sheet F.
Kerry Muller stated, uh one other thing I want to add to is we talked also about the magic number on what the width of the garage could be last month, Holly and I went home and discussed the width of the garage, the request is an 18’ garage. The standard garage is 24’ wide. I’ve talked to several builders in the area and that’s the standard, 18’ and this is a 2 story so I’m going to have a 4’ stairway so I’ll end up with a 14’ garage on the one end of it which will be unusable so, but to go smaller the garage would be unusable.
Charlie Mellon stated, um hum.
Kerry Muller stated, and I wouldn’t be able to pull a vehicle in it, you know because I’ll end up with 14’ pulling in to one end of it.
Vice President Jerry Thompson stated, okay. Charlie do you have any questions for Mr. Muller?
Charlie Mellon stated, well I was out there a second time this week and I was the one that mentioned about the houses on the east which he gave a good, those pictures show you all of that and same thing happened then and he did say about the house being off just a little and I, you can see that and there wasn’t anybody there that day and I measured it and it’s off about a foot. One end is off maybe a little more than a little less than a foot but I would, I, that’s what I was going to bring up tonight about the fire and the EMT’s a getting there. If he’s got 2 big doors, a big door in each end of that garage, why they could get in there with every what you called it and…
Kerry Muller stated, a gurney.
Charlie Mellon stated, yes and could get a hold of anything in there really the upstairs bedroom, they could get in there and get that and they could even go on out through the garage and turn around and come back where they wouldn’t have to, wouldn’t have to back out and I think he’s up to the limit on the width because just like his wife said the last time, uh that would cut the bedrooms to short if you took them off any more, made them too small upstairs and that’s about all I got to say.
Vice President Jerry Thompson stated, okay. Dave Scott do you have any questions or concerns?
Dave Scott asked, what’s on the survey is that to the footer or is that to the eaves of the proposed?
Kerry Muller asked, the uh, on the platted survey or is the request?
Charlie Mellon stated, the garage is on the request.
Dave Scott stated, yes the request.
Kerry Muller asked, are you talking, it will be, this is a 1’ overhang so it will be 4’.
Dave Scott stated, okay, that’s, um hum.
Kerry Muller stated, on this side. So it’d actually be 9’ on the west side.
Charlie Mellon stated, that’s over to his neighbor’s fence.
Kerry Muller stated, right.
Charlie Mellon stated, yea, and then it’s 5, 6’ on to that house.
Kerry Muller stated, on the back side of the house there’s a fenced in area and a metal shed back there. Both of those will be removed so it’ll be a clear sidewalk all the way along that fence leading to the back.
Charlie Mellon stated, yes, yes.
Dave Scott asked, the other question I have is, is that Sheridan Road is a thru street?
Kerry Muller stated, yes, it goes, it actually makes a big loop all the way around the lake.
Dave Scott stated, okay.
Kerry Muller stated, it goes back out to 600.
Dave Scott stated, that’d be 11’ from the right-of-way.
Charlie Mellon stated, yep. That stairway will be in the back of the garage?
Kerry Muller stated, it’d actually be…
Charlie Mellon asked, leave you room for a vehicle or something up before you get to the stairway?
Kerry Muller stated, right, the stairway is right here.
Charlie Mellon stated, oh along the edge.
Kerry Muller stated, right here.
Charlie Mellon stated, yes okay.
Dave Scott stated, right here, yes this would be it here.
Vice President Jerry Thompson asked, do you have anything else Dave?
Dave Scott stated, no, I don’t think so.
Vice President Jerry Thompson asked, Gerald do you have any questions? Nothing. I have none.
Charlie Mellon stated, no.
Vice President Jerry Thompson asked, anyone here care to address the variance either for or against? If there’s no other discussion is the board ready to vote?
Charlie Mellon stated, yes.
Dave Scott stated, I do have one more question.
Vice President Jerry Thompson stated, I’m sorry, yes Dave go ahead.
Dave Scott asked, Diann on a zoning whatever zoning is on this one, what’s the minimum green space you have to have?
Director Weaver stated, we don’t have a green space requirement at this time.
Dave Scott stated, okay.
Kerry Muller stated, if you’re wanting to know how much building will be on the lot…
Dave Scott stated, yes.
Kerry Muller stated, it’s like 52%. Holly and I figured it out.
Dave Scott stated, okay.
Attorney Altman asked, does that include the deck as green space?
Kerry Muller stated, yes.
Attorney Altman stated, okay, I thought it did.
Dave Scott stated, just not a problem but…
Several people are talking at once.
Vice President Jerry Thompson asked, all right if there’s no other discussion the board ready to vote?
Dave Scott stated, yep.
Vice President Jerry Thompson stated, let’s vote.
Attorney Altman stated, announcing the results on the vote on petition #2707, we have 4 votes cast, 2 votes in favor and 2 votes against. The matter is not adopted. It will be continued until the next meeting and that will be when Diann?
Director Weaver stated, June 19th.
Attorney Altman stated, June 19th.
Vice President Jerry Thompson stated, very good.
****
#2715 Ricky M. & Teresa A. Provo; The property is located on 1.470 Acres at E/E S Frax SW 21-27-3, located in the City of Monticello at 403 Francis Street
Violation: None
Request: They are requesting a 12’ front setback variance and a 12’ rear setback variance to build a new home.
Vice President Jerry Thompson asked, and you are? I know who you are but for the record Rick.
Rick Provo stated, I’m Rick Provo.
Vice President Jerry Thompson stated, thank you. Do you have anything you’d like to present tonight Rick?
Rick Provo stated, talking about hardship of the, I bought this place 2 years ago, really didn’t have any intention of building anything right of way and uh, and of course along came the flood and our plans got changed due to the fact this, the current cottage or house, or whatever you want to call it sits, most of it sits on a wooden foundation, um, and due to mildew and mold, and it’s just nasty. There’s no way we’re going, we’ve got it cleaned up enough where we’re going to use the bathroom that’s for this year. Um this is not a primary home first of all, and so therefore it’s kind of sped up our plans where we’d like to eventually build a home there in front of the deck and everything. So uh, um, as far as, the only um, I thought maybe one of the concerns that would be the drainage. There’s a drainage that comes off of the hill there on Francis Street that’s connected to one of their drains on the other side and I figured there’d be plenty of room between anything that I would build and where the city needed to get a backhoe back there or whatever. There would be room that they could get back in there with no trouble. I would leave an access back in behind that, there’s enough room where, because I’d want to be able to get back to that back part of the property too so um, I would of thought that might be one of the concerns. I didn’t know if that, if anybody was thinking about that or, I’m sure they would because of the city but other than that I really don’t have anything else. I did send in a um, paper to the DNR about the elevation, anything I would build I know it has to be a certain elevation and I was explained to I believe when I called Area Plan they said anything they would come back would have to be 2’ higher than what the DNR said, right, so.
Dave Scott asked, and you’re going to comply with that okay?
Rick Provo stated, oh yes, no problem, we already shot them. I’ve got pictures and I’ve already got marked on my deck where the water was so I know the height and where it was and my brother is a contractor and we went down there and we shot a line so I know exactly how high and I was planning on going up higher then that anyway so the water wouldn’t get to me if it ever got that high again.
Vice President Jerry Thompson stated, okay.
Attorney Altman stated, you hope.
Rick Provo stated, I hope, I hope. I wouldn’t ever believe it.
Attorney Altman stated, I agree.
Gerald Cartmell stated, Rick you say your going to build, there’ s going to be 20’ from your, see that would be your west, west line over to the right-of-way?
Attorney Altman stated, I, it’s…
Gerald Cartmell asked, where is the right-of-way?
Attorney Altman stated, it’s not real clear.
Gerald Cartmell asked, is the right-of-way down in the bottom of the valley or is it up on the side of the hill or what?
Rick Provo stated, well the way I understood it from what they told me that that is the right-of-way is from the road, how did he tell me I can’t remember now, I’m thinking that’s from the, no it’s not from the, I don’t think it’s from the road. I’m not real clear on that to be truthful to you.
Gerald Cartmell stated, well I see that there it shows that G, I assume is the grinder.
Rick Provo stated, yes, well…
Gerald Cartmell stated, but I’m not sure that’s right.
Rick Provo stated, no, that’s not right.
Gerald Cartmell stated, I went down there and looked at it and I didn’t think, I couldn’t…
Rick Provo stated, the grinders back up farther then that from the…
Gerald Cartmell asked, yes, it’s more towards the old cottage isn’t it?
Rick Provo stated, yes.
Gerald Cartmell stated, yes.
Rick Provo stated, and it’s back, there the way I got it figured, the way they got this laid out here on this now that I see that and I didn’t realize, I didn’t look at that see and that is the grinder. They’ve got, there’s enough room and I’m not, you know I’m saying there’s not going to be enough room to drive, I think you could be able to drive a pick up between there or a tractor between there.
Gerald Cartmell stated, your house and the, your house and the….
Rick Provo stated, because I would never close that off because of the fact that that needs, there’s, you know there’s a big drain tile. Did you go back in the back of the property?
Gerald Cartmell stated, um hum.
Rick Provo asked, see that drain tile coming through there?
Gerald Cartmell stated, um hum.
Rick Provo stated, well I definitely would want them to have access to that.
Gerald Cartmell stated, yes.
Rick Provo stated, you know if any repairs would be needed so I would never close that off in between there.
Gerald Cartmell stated, yes.
Rick Provo stated, but I’m not sure on that, now that you said that, now he told me uh, uh, Jim Milligan told me and I can’t remember now exactly what that right-of-way line.
Vice President Jerry Thompson stated, think about that a second Rick we’ve got another document here we need to enter on the record and then we’ll get back with you okay.
Rick Provo stated, okay.
Attorney Altman stated, again it’s addressed to the Area Planning Commission, dated April 3, 2008, and it’s my cottage located at 403 Francis Street, Monticello, Indiana, received extensive damage due to the floods this year. The majority of the cottage has a wood foundation, which is not repairable. I would like to build a new structure on the property in front of the existing decks. In order to raise the structure above the recent flood level and due to the narrowness of the property the proposed site will not comply with the setbacks. Therefore I am requesting a variance. Rick Provo.
Vice President Jerry Thompson stated, okay. Do you have anything else Rick we’ll come back to you?
Rick Provo stated, not really I, not that I can think of, I mean I…
Vice President Jerry Thompson asked, Charlie do you have any questions for Rick?
Charlie Mellon asked, that water, the fellow that made the drive on the west side, I forget now that’s not very close to you though is it? One way or the other?
Gerald Cartmell stated, Shidlers.
Charlie Mellon stated, while the water’s going to rush down there and…
Rick Provo stated, no, that’s down the road, that’s down the road.
Gerald Cartmell stated, that’s quite a ways down the road.
Charlie Mellon stated, yea, I figured, I thought it was.
Rick Provo stated, and there’s a dip anyway it wouldn’t get to me there’s a dip right pass my drive that…
Charlie Mellon stated, yea, okay, yea.
Rick Provo stated, that’s where the water was across the road.
Charlie Mellon stated, there’s probably a catch basin along there too.
Rick Provo stated, there’s a couple of them, there’s 2 or 3 of them down the hill.
Charlie Mellon stated, comes down the hill, yea.
Rick Provo stated, yea, I never have, never had water running across…
Charlie Mellon stated, the road.
Rick Provo stated, complete down the hill and across.
Charlie Mellon stated, yea, okay.
Gerald Cartmell asked, so Rick if you were to build a new house would it be poured concrete walls or what?
Rick Provo stated, I think that would be the best way to go. I think that’s what I would do.
Dave Scott asked, would you be willing to make that in a form of a commitment that you would pour concrete walls instead?
Rick Provo stated, um hum, I had already thought about that. I talked to my brother, we talked about it, we thought that would be the best way to go because being on a hill, you know would be more stable. I don’t want to be floating down the river some morning.
Dave Scott stated, and just for the record you know about the problem they had with the road there and…
Rick Provo stated, yea.
Dave Scott stated, that sliding off and all of that. I talked to the fellows and, of Monticello.
Rick Provo stated, and I’ve talked to several people, yes.
Dave Scott stated, and uh, they have no problem with this but uh, also can we put on the, are you willing to uh, put in a commitment that you will not hold the county or the city responsible for damage incase this happens again?
Rick Provo stated, yes, and Dave I do know that part of the trouble they had with that road was due to a water main that leaked under there about a million and a half gallons of water.
Charlie Mellon stated, yea.
Dave Scott stated, right, and…
Rick Provo stated, so that…
Dave Scott stated, they moved that water main and they did tile that down through there they told me that.
Rick Provo stated, and if you’ll look where that hill slid…
Dave Scott stated, um hum.
Rick Provo stated, is on up, on up the hill from my prop, from where I want to put the house.
Dave Scott stated, okay.
Rick Provo stated, it’s never, yea, I wouldn’t have a problem doing that. Plus I wanted to add one more thing, I am going to put in a, probably another 100’ of seawall which will stabilize that hill even more towards that drain.
Dave Scott stated, okay.
Rick Provo stated, I’m going to put right at 100’ of seawall within the next year.
Dave Scott stated, okay.
Attorney Altman asked, where would that be from while looking at the survey?
Rick Provo stated, if you’re looking at the survey…
Gerald Cartmell asked, be north, wouldn’t it?
Rick Provo stated, yea.
Gerald Cartmell stated, be north, right.
Rick Provo stated, if you’re looking at the survey, if you look at where the boat, where the boat, the dock, where it says a deck, a boat deck.
Charlie Mellon stated, yea.
Rick Provo stated, yea, it’d be to the…
Attorney Altman stated, it says boat lift dock.
Rick Provo stated, no it’d be to the south.
Gerald Cartmell asked, would it be to the south?
Rick Provo stated, it would be to the south towards the drainage.
Charlie Mellon stated, um hum.
Gerald Cartmell stated, oh yea, towards the drainage yea that would be, your right.
Rick Provo stated, yea be to the south.
Attorney Altman asked, so it would start basically where the boat lift deck says and then goes south…
Gerald Cartmell stated, there’s already some there.
Attorney Altman stated, about a 100’.
Rick Provo stated, I already have 70’ of steel seawall there plus there’s both of those decks, both of the boathouses are driven pipe, Bill Luse put those in 4” pipe and even underneath the front of the deck it’s driven into the hillside too so right where we’re at, I’m not, that’s not going to move, it’s not going to move it have to be, even if we’ve got another flood like we had, it won’t move.
Gerald Cartmell asked, if it moves we’re all in trouble is that what you’re saying?
Rick Provo stated, yea, we’re all in trouble.
Attorney Altman asked, so you’re going 100’ south of your present seawall?
Rick Provo stated, yea, that’s my plan because that will stabilize that whole part of the bank there which I haven’t had any trouble since. I’ve only owned it 2 years and I haven’t had any trouble with anything and there hasn’t been any trouble. The previous owners Louie and them did, it slid when they owned it and he told me about it and uh and he said they haven’t had a minute’s trouble since they redid the hill and they put that water…
President Stimmel asked, anyone here opposed to the variance or in favor?
Gerald Cartmell stated, Rick you do know that used to be a chicken house.
Rick Provo stated, yea, I know I still got a chicken door in the back in the Quonset part.
Gerald Cartmell stated, you got a chicken door about like this.
Rick Provo stated, I’m serious.
Vice President Jerry Thompson asked, Gerald do you have anything for Rick?
Gerald Cartmell stated, no, I’m done.
Vice President Jerry Thompson asked, Dave?
Dave Scott stated, no just those 2 things on…
Vice President Jerry Thompson stated, yea I was going to mention that. We need that report for the motion too but Charlie do you have anything before we mention the conditions?
Charlie Mellon stated, no. I’ll go along with that.
Vice President Jerry Thompson stated, Dave go ahead and make your motion if you would.
Dave Scott stated, uh we’d like to make a, in part of the commitment that the structure whether it be basement or crawl space be poured walls and that you don’t hold the county or the city responsible for damage in the future from rain or water run off.
Vice President Jerry Thompson stated, yes.
Rick Provo stated, great.
Vice President Jerry Thompson stated, you heard the motion.
Charlie Mellon stated, second.
Vice President Jerry Thompson stated, all in favor signify in saying aye.
Board Members stated, aye.
Vice President Jerry Thompson stated, all opposed in saying. Motion carried. Are we ready to vote?
Charlie Mellon stated, yea.
Vice President Jerry Thompson stated, let’s vote.
Director Weaver asked, did you bring your sign back?
Rick Provo stated, no I’ll bring it in tomorrow.
Director Weaver stated, that’s fine.
Rick Provo stated, I forgot.
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. All modified by the commitment.
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 12’ front setback variance and a 12’ rear setback variance to build a new home on That part of the Southwest Quarter of Section 21, Township 27 North, Range 3 West in the city of Monticello, White County, Indiana, described by:
Beginning at a point that is 2500 feet East and South 21 Degrees 20 Minutes West 144.25 feet (by record) from the Northwest Corner of the Southwest Quarter of the Southwest Quarter of Said Section 21; thence South 79 Degrees 27 Minutes 47 Seconds East, a distance of 93.50 feet to the Low Water Mark of the Tippecanoe River; Thence Southwesterly along said Low Water Mark the following courses; Thence south 23 degrees 19 minutes 29 seconds West, a distance of 150.28 feet;
Thence South 27 Degrees 15 Minutes 00 Seconds West, a distance of 202.00 feet;
Thence South 37 Degrees 38 Minutes 02 Seconds West, a distance of 40.00 feet;
Thence South 14 Degrees 55 Minutes 52 Seconds West, a distance of 208.90 feet;
Thence leaving Said Low Water Mark North 82 Degrees 29 Minutes 00 Seconds West along the Northerly Line of the Weaver Property (Deed Record 1983, Page 920), a distance of 152.00 feet;
Thence North 29 Degrees 30 Minutes 49 Seconds East along the center line of Norway Road, a distance of 103.08;
Thence North 27 Degrees 48 Minutes 09 Seconds East along Said center line, a distance of 365.89 feet;
Thence North 26 Degrees 35 Minutes 45 Seconds East along Said center line, a distance of 150.93 feet to the Point of Beginning, containing 1.470 Acres.
COMMON DESCRIPTION: Property is located in the City of Monticello at 403 Francis 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, announcing the results of the balloting on voting on petition #2715 we have 4 votes cast, 4 votes vote subject to a commitment as resided on the record modifying his request 4 votes vote that the petition is hereby granted. You need to get a commitment and you need to get a building permit before you proceed and as far as the commitment if you contact my office I can steer you to what we usually require okay. The expense of preparing it would be yours though, just so you know that and recording it.
Rick Provo stated, okay. Is there a certain time limit I have on that because I’m not positive exactly when I’m going to do this as far as the building?
Attorney Altman stated, well you better do it right away or your commitment’s going to go away.
Gerald Cartmell asked, how long does he have on his permit, you got 2 years on his permit?
Vice President Jerry Thompson stated, well…
Attorney Altman stated, you ought to do that within 30, 60 days.
Director Weaver stated, once a permits issued.
Gerald Cartmell asked, once it’s issued he’s got 2 years right?
Attorney Altman stated, yea.
Vice President Jerry Thompson stated, yes see that’s what he’s asking.
Attorney Altman stated, but you need the commitment now.
Director Weaver stated, he needs the commitment prior to that.
Gerald Cartmell stated, oh I see.
Vice President Jerry Thompson stated, right but the clock doesn’t start until he gets those peruse. Once he presents those then that’s when it…
Attorney Altman stated, well the commitment ought to be done now to protect his variance.
Vice President Jerry Thompson stated, right, yes. Okay. All right.
Gerald Cartmell asked, you understand?
Rick Provo stated, I think so.
Attorney Altman stated, yea.
Gerald Cartmell stated, ask questions, ask questions.
Director Weaver stated, the commitment needs to be done now.
Rick Provo stated, right and then…
Director Weaver stated, the permit doesn’t necessarily need have to be but the commitment needs to be done.
Rick Provo asked, once I get the commitment done, once that commitment’s taken care of then I have how long is the variance good for?
Attorney Altman stated, the variance is good.
Rick Provo stated, the variance is good.
Director Weaver stated, okay.
Rick Provo stated, okay that’s what I wanted to know I just wanted to make sure because you know I got another house and I’m not sure how soon I’m going to build that you know what I’m saying.
Gerald Cartmell stated, it’s only money Rick.
Rick Provo stated, I know I got to make some more.
****
#2716 John T. & Sherry Gee; The property is located on Lot 7 in Wilson Addition, located in the Town of Monon at 511 Arch Street.
Violation: None
Request: They are requesting a 3’ South side setback variance and a 3’ front setback variance to build an addition to the existing detached carport and to bring it into compliance.
Vice President Jerry Thompson asked, and ma’am you are?
Sherry Gee stated, Sherry Gee.
Vice President Jerry Thompson stated, you are Sherry Gee, okay. Thank you. What do you have for us ma’am?
Sherry Gee stated, I’m requesting a variance um, I’ve got the existing detached carport, I’m getting ready to put a new roof on it, we’d like to extend it a little bit off the back to make it large enough for 2 vehicles.
Vice President Jerry Thompson stated, okay. Diann I’ve not asked you yet tonight, do you have anything on this?
Director Weaver stated, well I don’t but, um, you know me I’d speak up if I did. The building department, the building commissioner did provide and you have a copy of this a section out of the building ordinance, state building ordinance, um that basically what he’s provided and what he’s explained to me is sense the carport is closer then 3’ to the property line it can never be enclosed unless it has a 1 hour fire resistant wall put into it so…
Sherry Gee stated, and it’s just going to be the roof with their 6 x 6, there’s not going to be walls or anything.
Vice President Jerry Thompson stated, all right. Charlie do you have any questions?
Charlie Mellon stated, well yea, I was up there. How long has that carport been there?
Sherry Gee stated, I’m not sure, uh, I’ve been there for approximately 12 years and it was there…
Charlie Mellon stated, it must have been grandfathered in or something.
Sherry Gee stated, I believe it was.
Charlie Mellon stated, it’s too close, to close to the line.
Director Weaver stated, Charlie the property record card…
Charlie Mellon stated, it’s only about 2’ I would say from the road I looked it was only about 2’ from the line and to add on to the same thing your going to be, unless you move it back away from the, just like she said it’s supposed 6’.
Vice President Jerry Thompson stated, Charlie Diann’s got some information here for you.
Director Weaver stated, the property record card indicates that that was built in 1972 so it is very old.
Charlie Mellon stated, well it was probably legal then, nobody bother it back there then.
Vice President Jerry Thompson stated, no.
Charlie Mellon stated, no, okay.
Attorney Altman stated, that would depend on the way it happened in 72 Charlie.
Charlie Mellon stated, I know.
Attorney Altman stated, just either before or right after our first ordinance was adopted in June.
Charlie Mellon stated, all but Liberty Township.
Attorney Altman stated, yea, all but Liberty, yea.
Vice President Jerry Thompson asked, anything else Charlie?
Charlie Mellon stated, no.
Vice President Jerry Thompson asked, Dave Scott?
Dave Scott stated, no you’re just not going any closer to the line then you are now your just going straight backward.
Sherry Gee stated, right just straight back, yes.
Vice President Jerry Thompson asked, anything else? I’m trying to rush you I’m just asking.
Dave Scott stated, nope.
Vice President Jerry Thompson asked, Gerald you have any questions? Anyone here care to speak for or against the variance? Is the board ready to vote?
Dave Scott stated, yep.
Vice President Jerry Thompson stated, let’s vote.
Director Weaver asked, did you bring your sign back?
Sherry Gee stated, I will tomorrow.
Director Weaver stated, okay.
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. Proposed structure shall have no walls at all.
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’ South side setback variance and a 3’ front setback variance to build an addition to the existing detached carport and to bring it into compliance on Lot Number Seven (7) on Arch Street in Wilson Addition to the Town of Monon, White County, Indiana.
COMMON DESCRIPTION: Property is located in the Town of Monon at 511 Arch 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, all right announcing the results of the balloting on petition #2716, 4 votes cast, 4 votes vote the variance is hereby granted. Isn’t it amazing what they access in the back of the alley, of the lot means.
****
#2717 Kathleen Blume, Owner and Horizon Wind Energy, Applicant; The property is located on 40.255 acres in Pt NE 19-25-04, located west of Brookston on SR 18, and East of CR 300 W.
Violation: None
Request: They are requesting a Special Exception for installation of meteorological tower for the purpose of conducting studies of wind speed and wind direction and collecting other meteorological data.
Vice President Jerry Thompson asked, and sir you are?
Ryan Brown stated, I am Ryan Brown, I’m the manager for Horizon Wind Energy.
Vice President Jerry Thompson stated, okay.
Director Weaver stated, that’s why they call them met towers.
Vice President Jerry Thompson stated, exactly. Okay, do we have anything that says he’s representing the Blume’s?
Director Weaver stated, Horizon signed the application and the Blume’s also signed the application.
Vice President Jerry Thompson stated, okay, all right, just…
Attorney Altman asked, do you have a card sir?
Ryan Brown stated, yes I do.
Attorney Altman stated, could you please tender that for the record.
Ryan Brown stated, sure. Just one?
Attorney Altman stated, so we have something, yes please.
Ryan Brown stated, there you go.
Attorney Altman stated, very good. Mr. Ryan Brown is just giving me a copy of his card that says Horizon Wind Energy uh, applicant and he indicates he’s a project manager for them with address and phone number on this. I think we’re justified in proceeding on his representation and testimony.
Vice President Jerry Thompson stated, go right ahead Mr. Brown.
Ryan Brown stated, sure and I will just quickly add in the beginning that my coworker Martin Chulik is the project manager for this project and has been here a few times I believe was not able to make it tonight. He lives in Bloomsville, Illinois and I’m here representing, taking his place.
Vice President Jerry Thompson stated, okay.
Ryan Brown stated, I’m the project manager based out of Indianapolis.
Vice President Jerry Thompson stated, okay.
Ryan Brown stated, um, I was at a couple of things were looking at for this case add an additional met tower, met tower we will refer to as to make it easier.
Vice President Jerry Thompson stated, yes.
Ryan Brown stated, um, on this piece of land we currently have 4 met towers, in place in project area. Um, we are a wind development company where we can build a wind farm here in several townships intentionally in a couple of townships in Benton County as well. And part of that process is to install met towers to obtain wind resource and direction um and as we move closer to construction we need more points of data, more information about the wind resource and at this point we’re looking to be in construction next spring, roughly a year from now and the first phase of our project and it’s very important for us to get these next 2 met towers installed to increase the amount of data we have so we can begin to do layouts for where the tower selection would be. Um, I don’t know how much you folks know about the wind farm. I’m happy to answer questions. Um, at this point we’re looking to build 200 megawatt project next year potentially 400 megawatts if we can make that fit onto the transmission line. Uh, the project sits roughly in West Point, Round Grove, Prairie, and touches on Big Creek as well townships, potentially the other phases will go into Benton County, Pine, and Gilboa Townships and if fully built up would be one of the largest wind farms in the nation. Our company has a lot of experience, we developed 1400 megawatts worth of wind this far across the nation. Our closest project is in Bloomville Illinois and um, this is pretty standard procedure in our industry as far as the tower, metal tower has guide wires to keep it in place. It is a temporary structure, temp besides that.
Dave Scott asked, temporary as in?
Ryan Brown stated, as in generally the towers that are in phase 1 will be up until phase 1 is constructed and so 1 construction is under way and completed those towers will come down.
Dave Scott asked, so typically in the ball park, how long will this tower be there and what kind of an exit plan do you have for these towers that are? Maybe we’ve been over this before but I don’t remember but…
Ryan Brown stated, sure. So in this case our first 4 towers went up in April of 2007.
Dave Scott stated, um hum.
Ryan Brown stated, and um, I believe one of those is in phase 1 and phase 1, if it began construction next year would be competed by late 2009 and so this structures within that area so it’s really anywhere from 2 to 5 years is the…
Dave Scott asked, okay and then you take these towers down?
Ryan Brown stated, yes there’s no foundation on the towers so there very easy to remove. We remove the anchors, any cement that’s involved if the anchors, the towers themselves, um, the land owners are compensated um, both in a lease payment and also crop damage so occurs at a time of the year that their crops, damaged crops…
Dave Scott asked, Jerry do we need something on the record about land owners getting the contracts some were?
Attorney Altman stated, yes, we’ve done that consistently with the special uses with other but in the 5 year this will be the outside period that the others have been and the special exception is good for 5 years and then it would lapse and that’s what he’s testifying he needs and we’ve just customarily put that in as part…
Dave Scott stated, then the 5 year instead of…
Attorney Altman stated, being perpetual.
Dave Scott stated, okay. You guys can do what you need to do in 5 years with the test towers.
Ryan Brown stated, we certainly intend to have it done within 5 years. There…
Attorney Altman stated, that way in the meeting they can ask for another time if it came to that.
Dave Scott stated, my concern just that they don’t get left.
Attorney Altman stated, that’s right.
Dave Scott stated, you know.
Attorney Altman stated, and that’s why it was consistently done the other.
Dave Scott stated, okay I didn’t remember how the others were handled.
Ryan Brown stated, I would just add that if it ever were to take more than 5 years we would come back with it and share what’s going on with you um, sometimes projects get delayed because of other things.
Attorney Altman stated, you’re precluded from doing that.
Dave Scott stated, if there’s no, I mean there’s not a lot of construed structure or anything like that but um, how do you, is there some kind of bond that’s put up to so that…
Attorney Altman stated, I would if it were more of a structure.
Dave Scott stated, but you think for a test tower we don’t…
Attorney Altman stated, for 5 years I think is sufficient.
Vice President Jerry Thompson stated, if you saw one Dave you’d see there very, very temporary.
Gerald Cartmell stated, there’s not much to them.
Vice President Jerry Thompson stated, they could be easily dismantled quickly.
Ryan Brown stated, yes, there very, very um, light structures the guide wires actually hold in place.
Dave Scott stated, okay.
Ryan Brown stated, I’ve got a photo in my book over here…
Dave Scott stated, yea, I’ve got some here.
Gerald Cartmell stated, yea, there’s not much to them.
Dave Scott stated, okay. So it wouldn’t be a big expense to take down even if the county had to do it?
Vice President Jerry Thompson stated, no.
Gerald Cartmell stated, any old farmer could take that down.
Vice President Jerry Thompson stated, you bet.
Dave Scott stated, okay.
Ryan Brown stated, there actually tilt up towers so there’s really not much to it as far as cranes or anything.
Attorney Altman stated, so that’s why I think this is, we’ve had this before and we’ve deemed it sufficient.
Gerald Cartmell stated, that was over on John Thompson’s.
Vice President Jerry Thompson stated, yes. That’s right.
Attorney Altman stated, yes.
Dave Scott stated, okay.
Attorney Altman stated, so I think this being 5 years.
Vice President Jerry Thompson asked, anyone here to speak for or against? Any other questions? I think we’re voting aren’t we? Include the President.
Gerald Cartmell stated, yes, everybody but you.
The Board finds the following:
1. That the property is properly zoned A-1, Agricultural.
2. That the lot is a lot of record and properly divided.
3. That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit. This use shall be only for 5 years.
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 installation of meteorological tower for the purpose of conducting studies of wind speed and wind direction and collecting other meteorological data on That part of the Northeast Quarter of Section 19, Township 25 North, Range 4 West in Prairie Township, White County, Indiana described by: Commencing at a railroad spike at the northeast corner of said Section 19; thence South 89 degrees 08 minutes 46 seconds West (Indiana State Plane Coordinate System) along the section line 1096.55 feet to a survey nail and the point of beginning; thence South 00 degrees 54 minutes 28 seconds East 1693.13 feet to the centerline of the Chilton Ditch; thence along said centerline North 75 degrees 38 minutes 14 seconds West 284.24 feet; South 33 degrees 14 minutes 14 seconds West 957.03 feet and South 23 degrees 43 minutes 44 seconds West 217.84 feet; thence North 00 degrees 43 minutes 40 seconds West 2609.26 feet to a survey nail on the section line; thence North 89 degrees 08 minutes 46 seconds East 888.98 feet to the point of beginning, containing 40.255 acres.
COMMON DESCRIPTION: The property is located west of Brookston on SR 18, and East of CR 300 W.
7. (1) The special land use shall be and is designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area.
(2) The special land use shall not and does not inappropriately change the essential character of the surrounding area.
(3) The special land use shall not and does not interfere with the general enjoyment of adjacent property.
(4) The special land use shall and does represent an improvement to the use or character of the property under consideration and the surrounding area in general, yet also be in keeping with the natural environment of the site.
(5) The special land use shall not be and is not hazardous to the adjacent property, or involve uses, activities, materials or equipment which will be detrimental to the health, safety, or welfare of persons or property through the excessive production of traffic, noise, smoke, odor, fumes, or glare.
(6) The special land use shall and is be adequately served by essential public facilities and services, or it shall be demonstrated that the person responsible for the proposed special land use shall be able to continually provide adequately for the services and facilities deemed essential to the special use under consideration.
(7) The special land use shall not and does not place demands on public services and facilities in excess of available capacity.
(8) The special land use shall be and is consistent with the intent and purpose of this Ordinance, and the objectives of any currently adopted White County Development Plan.
The special exception was granted based on the findings of fact by a vote of 4 affirmative and 0 negative.
Attorney Altman stated, subject to the limitation that the special exception if it were granted would be for 5 years from date and subject to the tower being put in as indicated with the specifications as we have in the file, about 5 pages and the specifications and installation manual and specifications for his tower, the vote is on BZA #2717 is 4 to 0 that the special exception be granted. You need to get a building permit before you proceed. Thank you.
****
#2718 Tip Top Farms, Inc., Owner and Horizon Wind Energy, Applicant; The property is located on 310.96 acres on the W ½ 30-26-04, located West of Chalmers, on the East side of CR 300 W and between CR 500 S and CR 600 S.
Violation: None
Request: They are requesting a Special Exception for installation of meteorological tower for the purpose of conducting studies of wind speed and wind direction and collecting other meteorological data.
Ryan Brown stated, again Ryan Brown with Horizon Wind Energy.
Vice President Jerry Thompson stated, thank you.
Ryan Brown stated, not much to add to other than just an additional site in a sort of another area of the project um, really not much different here, a much larger chunk of ground, a lot of space to work with. We’ve got some flexibility and we are going to install the tower to the specifications in respect to how he farms not wanting to have the tower work with his farming products.
Vice President Jerry Thompson asked, so if you don’t have the exact location…
Ryan Brown stated, at this point it’s going to be located at the map, in the back at the end of what used to be a road about 428’ into the…
Dave Scott asked, do they have to be back?
Vice President Jerry Thompson asked, are you talking about on 600 South?
Ryan Brown stated, yes.
Vice President Jerry Thompson asked, and it’s back a short lane there?
Ryan Brown stated, exactly, the lane at the end of the lane excuse me it’s not a road, a lane.
Vice President Jerry Thompson stated, all right, will you come here. The reason I want to know this is because this couple back here are the Koebcke’s and in the aerial picture they are here in the lower right, lower corner, that’s where they reside and I think they would like to know…
Ryan Brown stated, how close.
Vice President Jerry Thompson stated, they live here these people do here.
Ryan Brown stated, okay.
Vice President Jerry Thompson stated, okay and they would really like to have an idea roughly if you could even just mark it on mine, aerial.
Dave Scott asked, don’t they, isn’t there something to say they have to be 1 ½ times the height of the tower from structure to roads or something like that or is there…
Gerald Cartmell stated, that’s for the windmill.
Director Weaver stated, the current ordinance doesn’t address met towers.
Ryan Brown stated, generally we have a, our company abides by is 1.1 times the height of the tower.
Director Weaver stated, I think your thinking of the new coming…
Vice President Jerry Thompson stated, I think I know, I’m not putting words but I think I know where your going to put it because we used to live at this location a long time ago when I was little and if, if I’m going to put a spot there if I’m close, say so if not but I think they would really like to know.
Ryan Brown stated, sure, sure, let me quickly grab this, um.
Dave Scott stated, if they commit to doing 1.1 times the height of the tower he wouldn’t actually have to pinpoint it if, I mean if they’re comfortable with that.
Ryan Brown stated, I wouldn’t mind showing you.
Vice President Jerry Thompson stated, I’m basically putting it where we used to live, in the back of the lane.
Attorney Altman stated, yea.
Ryan Brown stated, if you wouldn’t mind I could mark it here.
Charlie Mellon asked, there’s a tool shed there now isn’t it?
Ryan Brown stated, so where we’re going to mark it…
Vice President Jerry Thompson stated, it’s gone now Brown’s took it out.
Gerald Cartmell asked, how tall is the thing?
Ryan Brown stated, its right about here, it’s in a map.
Vice President Jerry Thompson stated, why don’t you guys come and take a look at this really because they do, they live right next door to this.
Ryan Brown stated, see the lot lines between Stevenson’s here and then Thompson.
Vice President Jerry Thompson stated, yes, yes.
Ryan Brown stated, this tower is going to be 107’.
Vice President Jerry Thompson stated, exactly, exactly.
Ryan Brown stated, the west and then 430’.
Vice President Jerry Thompson stated, that’s about where I’m trying to pinpoint over there, okay.
Attorney Altman stated, okay, we have here, he put this mark here.
Charlie Mellon asked, they live on the Reed place Jerry?
Vice President Jerry Thompson stated, no they live where Harmon Kelly built his house on the Chalmers blacktop.
Charlie Mellon stated, oh that’s quite a ways.
Ryan Brown stated, this is the line across the street from Stevenson and Thompson we’re going to be a 107’ west of that lot line…
Vice President Jerry Thompson stated, but if it was in the corner of that section it would be pretty close to them, see the southeast corner.
Charlie Mellon stated, oh, yea.
Mr. Koebcke asked, how tall is the tower?
Ryan Brown stated, the tower is just under 200’ tall, its 187’…
Several people are talking at once.
Mr. Koebcke stated, the only reason we’re here is we were concerned…
Attorney Altman stated, here’s what the tower roughly speaking will look like folks as they presented it to us.
Mr. Koebcke stated, we don’t have any problem with this.
Attorney Altman stated, and as they said the structure and I thought I, is, I thought we, yes there shows what’s, what is in existence for this, I presume 5 years like the last one was folks just so you know but that’s what it would look like as would be in the ground. They have guide wires out there to decide what might you have in about 5 locations in White County right now right?
Ryan Brown stated, 4, yes. And the guide wires stick 167’ out from the base.
Vice President Jerry Thompson stated, you know where our property line starts as you’re walking down the, basically it’s going to be right across from the corner post, 400 and some feet out.
Mr. Koebcke stated, yea, we don’t have any problem with this.
Attorney Altman stated, okay, okay again for the board I’m going to circulate this but I’m going to initial it so that it’s specified as applicants exhibit A and it is a copy of that survey, or the aerial, well is that an aerial or is that a satellite?
Director Weaver stated, it’s an aerial, it’s off of our GIS site.
Attorney Altman stated, and it is the east most dot there. Jerry’s marked there but the page is marked there.
Several people are talking at once.
Dave Scott asked, and these folks live here?
Attorney Altman stated, no they live down here.
Dave Scott stated, oh they live down here, okay.
Attorney Altman stated, there’s a ditch goes through there.
Vice President Jerry Thompson stated, but see they own the property almost right up to their house that’s why they’ve got a section there that this thing could move around them.
Gerald Cartmell stated, okay, yea I can understand that.
Attorney Altman stated, so that’s, again for the record that’s what their request is for as I understand their presenting it right now, right? Okay very good.
Vice President Jerry Thompson asked, any other discussions, questions?
Gerald Cartmell stated, vote.
Vice President Jerry Thompson stated, and this would also be for 5 years, very good.
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 use shall be only for 5 years.
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 installation of meteorological tower for the purpose of conducting studies of wind speed and wind direction and collecting other meteorological data on W ½ of Section Thirty (30) Township Twenty-Six (26) North, Range Four (4) West, in Big Creek Township, White County Indiana.
COMMON DESCRIPTION: The property is located West of Chalmers, on the East side of CR 300 W and between CR 500 S and CR 600 S.
7. (1) The special land use shall be and is designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area.
(2) The special land use shall not and does not inappropriately change the essential character of the surrounding area.
(3) The special land use shall not and does not interfere with the general enjoyment of adjacent property.
(4) The special land use shall and does represent an improvement to the use or character of the property under consideration and the surrounding area in general, yet also be in keeping with the natural environment of the site.
(5) The special land use shall not be and is not hazardous to the adjacent property, or involve uses, activities, materials or equipment which will be detrimental to the health, safety, or welfare of persons or property through the excessive production of traffic, noise, smoke, odor, fumes, or glare.
(6) The special land use shall and is be adequately served by essential public facilities and services, or it shall be demonstrated that the person responsible for the proposed special land use shall be able to continually provide adequately for the services and facilities deemed essential to the special use under consideration.
(7) The special land use shall not and does not place demands on public services and facilities in excess of available capacity.
(8) The special land use shall be and is consistent with the intent and purpose of this Ordinance, and the objectives of any currently adopted White County Development Plan.
The special exception was granted based on the findings of fact by a vote of 4 affirmative and 0 negative.
Attorney Altman stated, okay announcing the results on the balloting on BZA #2718 for 5 years the Special Exception modified and the location is marked on Exhibit, applicants Exhibit A on the site and survey of this property. The vote on that is 4 votes cast, 4 votes vote the variance should be granted as limited. You need to get a building permit before you proceed.
Vice President Jerry Thompson stated, okay thank you.
Attorney Altman stated, very good.
****
Vice President Jerry Thompson asked, Diann any other business?
Director Weaver stated, I think Jerry has something to talk about.
Attorney Altman stated, you bet, yea I sure do and I’ve talked to several of you, we don’t have an appeal and that’s, this is on the Synergy matter and Diann, I checked yesterday and Diann I bet you, you’ve them alerted if there were one and nobody said anything to you. I didn’t actually check today but there well beyond the time and I, therefore I think they can indicate that that’s where we are so among other things I think that everybody ought to get an at boy on that for doing it right.
Gerald Cartmell stated, who knows.
Attorney Altman stated, and such that it was an appeal.
Director Weaver asked, I haven’t heard from them, have you about the commitment?
Attorney Altman stated, no I haven’t heard about the commitment. I gave Diann a copy of that and she sent it on obviously that’s a condition that they have to get and do but that’s what we’re waiting on and yea, Diann I think it would be a good thing to call and say why…
Dave Scott asked, Synergy hasn’t done that yet right?
Director Weaver stated, no, well and I emailed it so maybe it got lost so I’ll call him and make sure that he did receive it.
Attorney Altman stated, yea, that’d be a good idea. Other wise I don’t have a lot to say new or exciting but that’s pretty nice.
Dave Scott asked, what were you going to ask Diann? I forgot. Oh…
Attorney Altman stated, when we considered the expense of the defendant it’s always not exactly what we all want.
Gerald Cartmell stated, Diann those people that were here that Mullers.
Director Weaver stated, um hum.
Gerald Cartmell asked, that’s 2 times right?
Director Weaver stated, yea but when there continued the times don’t count against them.
Attorney Altman stated, when it’s just 2 votes, when it’s a 2 -2 vote that’s not against them so it just goes until you get 3 votes.
Gerald Cartmell stated, they keep coming back until wears out.
Attorney Altman stated, well or Dave gets back.
Director Weaver stated, either that, yea that’s what I was going to say. I told Gerald earlier that they could table it until Dave comes back.
Gerald Cartmell stated, or heaven forbid change your application a little bit.
Attorney Altman stated, yea or change your application, yes, that’s up to them to do but yea it’s that way and they can wait if they want but other wise that’s why it’s just continues.
Gerald Cartmell asked, okay then what about our fine?
Director Weaver stated, oh, Norris.
Gerald Cartmell stated, um hum.
Director Weaver asked, is that what you’re talking about? I’ve received a complaint, you guys granted a variance on a building up off of Stahl Road, last fall.
Gerald Cartmell stated, last fall.
Director Weaver stated, and the neighbors were here at that time opposing the request because they said that he was going to put his trucking business in, on the property and I now have a complaint along with pictures and he is doing a trucking business on his property so we will be pursuing that violation.
Attorney Altman stated, so we need to notice that up.
Director Weaver stated we’re working on it.
Attorney Altman stated, okay, very good.
Gerald Cartmell stated, they have pictures and she went back to the minutes and I mean he just, he’s sly.
Attorney Altman stated, okay let’s don’t do it since we don’t have it noticed up that that’s coming up.
Vice President Jerry Thompson stated, next meeting June 19th.
Director Weaver stated, I don’t think it’ll be as easy as this one.
Attorney Altman stated, I won’t be here.
Vice President Jerry Thompson asked, for sure?
Attorney Altman stated, for sure. I’m going to Australia.
Charlie Mellon stated, Australia, wow.
Vice President Jerry Thompson stated, hum, that’s more important then…
Attorney Altman stated, no my wife says it is though.
Vice President Jerry Thompson stated, I hear you, okay, anything else.
Dave Scott asked, do we need to get somebody? Diann do you think it’ll be…
Attorney Altman stated, it’ll depend on what’s on and all if like this evening I think you could have done without me here but who knows.
Vice President Jerry Thompson stated, that’s right you never know.
Dave Scott stated, you never know.
Vice President Jerry Thompson stated, okay nothing else…
Director Weaver stated, you’re going to have more on the agenda as well, I know that already.
Gerald Cartmell stated, don’t overload us.
Director Weaver stated, I know of 8 already.
Gerald Cartmell asked, what’s wrong with these people?
Director Weaver stated, 4 that were tabled from last meeting that didn’t show up this month.
Vice President Jerry Thompson stated, oh, oh.
Dave Scott asked, are you going to ask Joe to come down and fill in?
Director Weaver asked, I think didn’t we pretty much make arrangements with Mr. Little?
Gerald Cartmell stated, yes.
Vice President Jerry Thompson stated, he said he would be interested.
Director Weaver stated, that he would fill in for us when we need him.
Dave Scott stated, I was just kidding, just being smart.
Attorney Altman stated, no comment.
Vice President Jerry Thompson made motion to adjourn.
Gerald Cartmell 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.”
_________________________________________________