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The White County Board of Zoning Appeals met on Thursday, June 26, 2008 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.
Members attending were: David Scott, Charles Mellon, and Jerry Thompson. Also attending were Attorney Robert Little and Director Diann Weaver.
Visitors attending were: Larry Moser, James R. Wiley, Sandra Schmaltz, Connie L. Flick, Perry Frakes, Kathy Stigers/Reid, and Maurice Bulington.
The meeting was called to order by Vice President Jerry Thompson and roll call was taken. Attorney Little swore in all Board members and audience members.
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#2726 Connie L. & Connie K. Flick; The property is located on pt Lot 3 in Minger Subdivision, located in the City of Monticello at 1514 N. Sixth Street. Tabled from June 19, 2008.
Violation: None
Request: They are requesting a variance from Section 4.61 (g) Signs, General Provisions – Flashing or Animated Signs to allow a flashing on premise sign to be placed on the property.
Vice President Jerry Thompson asked, anyone here representing? Yes, name please.
Connie Flick stated, my name is Connie Flick, I talked to you last week and I did talk to Mr. John Heimlich and he said he would talk to the other 2 County Commissioners and the last word that I got this after noon that he might not of. I don’t know if he spoke with…
Charlie Mellon stated, I think ones in the hospital, one of the other Commissioners is in the hospital I know.
Connie Flick stated, um, I would just like to say I guess if, if the board feels about the same as they did last week I would request to carry this over, table it but if you have any questions or anything I’d be glad to answer.
Vice President Jerry Thompson stated, okay, all right.
Charlie Mellon asked, do you mean take a chance that the full board would be here, that what you mean?
Connie Flick stated, um…
Charlie Mellon stated, to delay it.
Connie Flick stated, well one thing that I was thinking about…
Charlie Mellon stated, oh till you got the report maybe from the Commissioners.
Connie Flick stated, that but one thing I was thinking that I probably could of done that might of helped, I don’t know you would need to answer that if I got the neighbors voice on it because I know, when I talked to John Heimlich he asked me what the neighbors across the street from you and I said I’d talk to Lloyd’s wife, I don’t know her name, Minger and she had no problems with it but that kind of made me think. Actually I thought about it on the way over here that that could have maybe a slight bearing on it.
Vice President Jerry Thompson stated, it’d definitely be a favor in your corner if you could get the feelings of your adjoining property owner’s yes, yes. But back on tabling it though, um we’re going to have a full docket on the 17th so it could be anytime after that, we’ll he probably wouldn’t get on the 17th…
Director Weaver stated, no if he would table we would schedule him on the 17th.
Vice President Jerry Thompson stated, you would, okay, all right, okay. Just so you understand.
Dave Scott stated, and we should have another board member here which will help but…
Vice President Jerry Thompson stated, yes we will.
Charlie Mellon stated, yea.
Dave Scott stated, but where I stand on the issue is, I don’t care if, I mean I don’t mean that sounds kind of harsh, uh doesn’t, the law’s on the books, it says we can’t have the flashing lights and I don’t know why it’s on there but it is so I don’t care what your neighbors think because what I’m afraid of is pretty soon the next neighbor, we’re going to start something and pretty soon it looks like the Las Vegas Boulevard down there with the flashing lights. But once we start, once we allow you to have a flashing light as far, then we have to let the next guy and I’ll just make my original statement that if the Commissioners want to allow it then I’ll vote for it but if they won’t I don’t really care what the neighbors think because they may be in here wanting to put a flashing sign in, you know so that’s where I stand on it and…
Connie Flick stated, I guess I haven’t followed, I’m sorry go ahead.
Charlie Mellon stated, no that’s all right, go ahead.
Connie Flick stated, you know a flashing light, what is a flashing light and you know I was under the impression and I’m under the impression that you know I’ve mentioned the McDonalds light, it does change pretty quickly and then it has some different colors flashing, is that a legal sign to you? Where do we find out?
Dave Scott stated, it hasn’t come before us so I don’t know.
Vice President Jerry Thompson stated, that’s it.
Director Weaver stated, it hasn’t come before us and after I talked to you this afternoon, I pulled the file from where McDonald’s got their permits, their, and by fault of my office, normally we require a drawing of what the sign looks like and I did not find anything in that file. At the time that that permit was issued I’m not even sure we realized the sign permit was being issued because it was done at the same time the restaurant was which is unusual. So I, you know I don’t know. The permit was issued with the restaurant, there was no picture in the file of what the sign had on it so…
Dave Scott stated, so there’s a second one all ready and I think just because, next month there will be another fellow here, he may have a different opinion than I do and you’ll have a better chance so I’m going to just make a motion as a board that we table it until the, another meeting.
Charlie Mellon stated, I’d second that.
Vice President Jerry Thompson stated, okay, been moved and seconded, Variance #2726 until the July 17th meeting.
Director Weaver stated, the one thing I would like to mention, we do know that we will at most, will have 4 members. We will not have a full board, we know that all ready.
Connie Flick asked, and a full board will be?
Vice President Jerry Thompson stated, 5.
Director Weaver stated, 5.
Connie Flick asked, and he’s coming back when?
Director Weaver stated, September.
Connie Flick stated, if you want to put it back to that it really doesn’t make any difference after the 4th of July, that’s when I was really needing it between now and the 4th.
Charlie Mellon stated, Labor Day would be involved though and another thing I haven’t said any yet but you got flashing lights down there now on that box things, fireworks those flashing lights. There’s 3 of them keeps flashing. I know you spent the money for the bigger light, ever what it is and we’ll just wait and see what the other fellow does, I don’t know.
Vice President Jerry Thompson stated, let’s leave it on the July meeting just in case okay is that fine with you?
Connie Flick stated, sure.
Vice President Jerry Thompson stated, see where we are on board members, okay, all right because it’s not going to hurt anything we can roll it back a time or two, okay.
Director Weaver stated, July 17th.
Connie Flick asked, the same time?
Vice President Jerry Thompson stated, yes, yes.
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#2727 Jimmy J. Dulin; The property is located on .30 of an acre Out E NW 31-28-03, located west of Lowes Bridge and Monon Road at 3442 E. Bailey Road.
Violation: None
Request: He is requesting a 30’ front setback variance to build a new home.
Director Weaver stated, that request has been tabled.
Vice President Jerry Thompson stated, oh it has.
Director Weaver stated, because he is altering his request so it will be back at the July 17th meeting.
Vice President Jerry Thompson stated, hum, we’re going to have a week long meeting in July.
Director Weaver stated, well we included that one it the counting.
Charlie Mellon stated, we’re gaining quick.
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#2729 Jon R. & Sandra M. Schmaltz; The property is located on Lot 3 in Tribbett Addition, located in the City of Monticello at 923 W. Washington Street.
Violation: The fence was built on the Drainage Easement by the neighbor to the South.
Request: They are requesting a 9’ rear setback variance to place a 6’ privacy fence onto a drainage ditch.
Vice President Jerry Thompson asked, and ma’am you are?
Sandra Schmaltz stated, I’m Sandra.
Vice President Jerry Thompson asked, would you come forward please, thank you.
Sandra Schmaltz stated, hi I’m Sandra Schmaltz and my husband Jon and I own the Sycamore Drive In and the fence was erected by Paul Losiewicz.
Charlie Mellon stated, big name.
Sandra Schmaltz stated, yea, he owns the Collision Repair Center.
Vice President Jerry Thompson stated, okay.
Sandra Schmaltz stated, he erected it on what he thought was his property and now he has gave me the fence because he had a violation, I don’t know exactly the whole story, anyway to make a long story short the easement, we’re not sitting right on that. Um, and I don’t know, I’m here to ask for you guys consideration, whatever I did talk to, um, the sewer director gentlemen and he said he had no problem with that fence the way that it sits and I don’t know the legalities of your guys court and his but he said that if there was a repair issue or whatever where they would need to access that ditch, they would access it from the west but also you are able to access it from our edge of the property because you can’t access it from the south because of all the auto repair stuff, so.
Dave Scott asked, this is an open ditch or just an easement for a tile?
Charlie Mellon stated, yea, full of water.
Director Weaver stated, it’s a swale.
Vice President Jerry Thompson asked, have you got pictures, look at your bottom 2 there.
Dave Scott stated, oh okay. Oh I see.
Director Weaver stated, it is a swale and it does have a sewer line that runs in this easement.
Charlie Mellon asked, you talked to the city sewer man?
Sandra Schmaltz stated, um hum, yea.
Charlie Mellon stated, yea, yea, Joe Mowrer.
Sandra Schmaltz stated, in fact he was out and looked at it today.
Charlie Mellon stated, yea.
Vice President Jerry Thompson stated, okay. Would it be wise if we had something in writing from the director just to be safe?
Sandra Schmaltz stated, yea, I asked, him if I could repeat what he said and he said yea either call him or whatever he could do to help.
Vice President Jerry Thompson asked, what’s the board, Dave what do you think about that or Charlie? Yep.
Charlie Mellon stated, well I think Joe, I don’t think they really need a word thing. I went and saw the body man and he claims that he had the right-of-way to put that in there, his surveyor told him to put it in and I said you gotta diagram to show us, no I don’t think so. Did he ever show you anything?
Director Weaver stated, the drawing he submitted for the permit for the fence showed that the fence was sitting 6’ in on his own property.
Charlie Mellon stated, yea well he said that the surveyor told him that’s the place he should put it so he’s the one that’s wrong to my notion.
Director Weaver stated, the neighbor is.
Charlie Mellon stated, yes.
Director Weaver stated, the neighbor that erected the fence.
Charlie Mellon stated, it’s not this lady.
Vice President Jerry Thompson stated, yea.
Director Weaver stated, that’s right.
Vice President Jerry Thompson stated, right.
Director Weaver stated, she’s just trying to make the situation right because he has given her the fence.
Charlie Mellon stated, oh yea.
Director Weaver stated, I have informed her also that the sign will have to come off of that fence.
Sandra Schmaltz stated, and he did take it off, yea.
Director Weaver asked, did he?
Sandra Schmaltz stated, yea.
Vice President Jerry Thompson asked, do you have anything, I didn’t check with you I’m sorry?
Director Weaver stated, no I did talk to Denny Sterrett, the County Surveyor to make sure that this didn’t have any bearings on their drainage plan and he really didn’t think so, he did give me a drawing I think that is in the file that shows where that sewer line is but other than that I don’t have anything.
Vice President Jerry Thompson stated, okay. Anyone here oppose the variance request? Charlie do you have any questions for…
Charlie Mellon stated, oh not anymore really.
Vice President Jerry Thompson asked, Dave you have any concerns, questions?
Dave Scott stated, no I was just, uh, how did the building on the back get a foot off of the property line? Is that grandfathered somehow?
Director Weaver stated, I would, I can’t answer for sure but I don’t think that’s a building that’s been built recently.
Dave Scott stated, okay.
Director Weaver stated, not to my knowledge at least.
Charlie Mellon asked, you probably want the fence in the legally position though don’t you? Something happens that you’d sell the property and then the next owner would get into a mess over that, I think now’s the time to get it settled and you want to put the fence up on your own, on your property?
Dave Scott asked, are you putting in a privacy fence or just a, or what kind of a fence are you putting in?
Director Weaver stated, she’s not putting any fence.
Vice President Jerry Thompson stated, no.
Director Weaver stated, it’s all ready there.
Dave Scott stated, it’s all ready there.
Charlie Mellon stated, yea.
Director Weaver stated, and it is a privacy fence.
Vice President Jerry Thompson stated, she inherited a fence.
Dave Scott stated, so, so your, to place it…
Director Weaver stated, the fence you can see in the pictures is the fence that’s being requested.
Dave Scott stated, okay so we’re just bringing this fence into compliance.
Vice President Jerry Thompson stated, right.
Dave Scott stated, it says to place a 6’ privacy fence on the…
Vice President Jerry Thompson stated, the neighbor’s…
Dave Scott stated, so we’re just bringing the existing fence into compliance.
Vice President Jerry Thompson stated, the neighbor washed his hands of it by giving them the fence.
Charlie Mellon stated, yea.
Vice President Jerry Thompson stated, basically.
Dave Scott stated, and well my initial thought is that the fence ought to come down but since it’s an auto body shop, nobody probably wants to look at it.
Sandra Schmaltz stated, yes it doesn’t make it much more…
Charlie Mellon stated, it was built there to cover up all his scrap and they don’t come and get it very often and it piles up and that makes it bad for her business.
Vice President Jerry Thompson stated, yep.
Dave Scott stated, well…
Vice President Jerry Thompson stated, okay. Is the board ready to vote?
Dave Scott stated, yea.
Vice President Jerry Thompson stated, let’s vote. Oh, you, doing something people, stop voting. Shouldn’t we? Do we want to go ahead and vote and deal with the fine later or should we discuss the violation, excuse me not the fine the violation.
Dave Scott stated, yea let’s deal with the violation later.
Vice President Jerry Thompson stated, okay, all right.
Dave Scott stated, just go ahead and vote now if you don’t mind.
Vice President Jerry Thompson stated, yea.
The Board finds the following:
1. That the property is currently zoned B-2, General Business.
2. That the lot is a proper subdivision of land as provided by the White County Subdivision Ordinance.
3. That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit. As long as it does not interfere with drainage.
4. That no objectors were present at the meeting.
5. That proper notice was given by mail to adjoining property owners.
6. That the request is for a 19’ rear setback variance to place a 6’ privacy fence onto a drainage ditch on Lot Number Three (3) in Tribbett Addition, in the City of Monticello, White County, Indiana.
COMMON DESCRIPTION: Property is located in the City of Monticello at 923 W. Washington Street.
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 3 affirmative and 0 negative.
Attorney Little stated, Mr. Chairman I’m pleased to report the board has unanimously approved petition #2729.
Vice President Jerry Thompson stated, okay thank you. All right the violation, it connects with variance #2729. What’s the board's wishes there?
Dave Scott stated, I think the fine ought to be issued to the guy that built the fence.
Charlie Mellon stated, yea, I agree with that.
Director Weaver stated, I have not notified him to be in attendance this evening. Do we need to request that he be here before we act on that?
Dave Scott stated, yea, I think that’d probably be a good policy, probably. Can you subpoena him in here or whatever you want to call it?
Vice President Jerry Thompson stated, yea.
Dave Scott stated, I think that’s probably a good idea.
Vice President Jerry Thompson asked, need a motion?
Dave Scott stated, I’ll make that a motion.
Vice President Jerry Thompson asked, better shouldn’t we? A motion’s been made. Second?
Charlie Mellon stated, I’ll second.
Vice President Jerry Thompson asked, all in favor?
Board members stated, aye.
Vice President Jerry Thompson asked, all opposed? Okay, all righty.
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#2730 Maurice G. & Genevieve L. Bulington; The property is located on Out NE NE Tract A 21-28-04, .299 of an acre, located in the Town of Monon at 303 E. Houser Street.
Violation: None
Request: They are requesting a 10’ front setback variance and a 14’ rear setback variance to bring the home into compliance and to build a room addition.
Vice President Jerry Thompson asked, anyone here representing the Bulington’s? Would you come forward please sir?
Maurice Bulington stated, I’m Maurice Bulington.
Vice President Jerry Thompson stated, thank you. Do you have anything else you’d like to add other than what I read to the, for the record?
Maurice Bulington stated, not really.
Vice President Jerry Thompson stated, okay, that’s fair.
Maurice Bulington stated, what we’re intending to do, getting front and rear.
Vice President Jerry Thompson stated, bare, just stand put just for a second please. Diann do you have anything?
Director Weaver stated, I don’t have anything and I apologize, I did not get up there to get pictures for you. You do have a picture of the aerial photo from the GIS.
Vice President Jerry Thompson stated, um hum.
Director Weaver stated, but that’s all I have for you this evening.
Vice President Jerry Thompson stated, all right, okay. Anyone here oppose the variance?
James Wiley stated, I had, I wanted to know something.
Vice President Jerry Thompson stated, asked, would you come to the microphone please and address yourself?
James Wiley stated, James R. Wiley and I live just south of the Bulington place.
Vice President Jerry Thompson stated, yea.
James Wiley stated, um, I really don’t have any objections to the addition but I understood he wanted to back a cement truck down through my, the edge of my property to get over to it which the property it’d be on would belong to the town but it comes down on my line and down through what is my driveway and I didn’t want to see the lot and everything out there all tore up and there’s like 20’ probably past my driveway that’s got blacktop on it where your just laying more or less on dirt, I mean it’s a thin blacktop. That’s my objection.
Vice President Jerry Thompson stated, okay.
James Wiley stated, as far as objecting to the building I don’t have anything.
Vice President Jerry Thompson stated, okay well.
James Wiley stated, thank you.
Vice President Jerry Thompson stated, thank you.
Charlie Mellon stated, Maury.
Vice President Jerry Thompson asked, would you like to answer to that sir?
Maurice Bulington stated, yea. I don’t know what the complaint is on really other than I did talk to the Town Superintendent and he said we could get to the south side of our lot from North Walnut Street without getting on Mr. Wiley’s property so, I don’t know if that’s true yet or not if it is he can just flag the property to make sure we stay off of it. Sound all right to you?
Dave Scott asked, can you, can you access the property from the front without coming through that back way?
Maurice Bulington stated, we’re going to take the fence down anyway so…
Dave Scott stated, okay, um…
Maurice Bulington stated, we can come in from the west I’m sure.
Dave Scott stated, okay. Do you have any problem doing that? Just coming in from off Houser Street and…
Maurice Bulington stated, no.
Dave Scott stated, okay.
Maurice Bulington stated, contractor, I think that’s what he planned on originally in the estimate anyways.
Dave Scott stated, okay.
Maurice Bulington stated, I talked to you after that.
Dave Scott stated, yea.
Maurice Bulington stated, I shouldn’t have done that I guess.
Dave Scott asked, pardon me?
Maurice Bulington stated, I shouldn’t have done that I guess.
Dave Scott stated, no that’s fine, uh…
Charlie Mellon stated, it looks like it’s all squared up, got plenty of room.
Vice President Jerry Thompson asked, anyone else here care to address the variance for or against? Dave did you have other concerns?
Dave Scott asked, yea, Maury would you make that a commitment that you’d just come off of Houser Street? Do you have a problem with that? Okay.
Vice President Jerry Thompson asked, anything else Dave?
Dave Scott stated, no.
Vice President Jerry Thompson stated, nothing. Ready to vote?
Board members stated, yes.
Vice President Jerry Thompson stated, let’s vote.
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 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 10’ front setback variance and a 14’ rear setback variance to bring the home into compliance and to build a room addition on A tract of land located in the Northeast Quarter (1/4) of the Northeast quarter (1/4) of Section Twenty-one (21), Township Twenty-eight (28) North, Range Four (4) West in the town of Monon, White County, Indiana, and described more fully as follows: Beginning at a point which is North eighty-nine degrees eighteen Minutes East (N89° 18’ E) Three Hundred Thirty-two and two tenths (332.2) feet from the intersection of the centerline of Middlestadt Road and the South right-of-way line of a thirty (30) foot street running East and West along the South side of the school property and running thence North Eighty nine Degrees and Eighteen Minutes East (N 89° 18’ E) One Hundred Fifty Three and Six Tenths (153.6) feet; thence South Zero Degrees and Forty-Six Minutes East (S 0° 46’ E) Eighty five (85) feet; thence South Eighty-nine Degrees and Thirty-four Minutes West (S 89° 34’ W) One Hundred fifty three and seven tenths (153.7) feet; thence North Zero Degrees and Forty-two Minutes West (N 0° 42’ W) Eighty four and Three Tenths (84.3) feet to the point of beginning, containing two hundred Ninety-nine thousandths (.299) of an acre, more or less.
COMMON DESCRIPTION: Property is located in the Town of Monon at 303 E. Houser 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 0 negative.
Attorney Little stated, and again Mr. Chairman I’m happy to report that the board has unanimously approved petition #2730.
Vice President Jerry Thompson stated, okay thank you. And those of you that we have addressed you are free to return home or whatever you are welcome to stay and let us entertain you or whatever.
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#2731 Perry D. & Joyce K. Frakes; The property is located on Lot 1 in Blue Bell Park, North of Lowes Bridge and West of East Shafer Drive at 5263 E. Blue Bell Court.
Violation: None
Request: They are requesting a 21’ front setback variance to build a room addition.
Vice President Jerry Thompson asked, and sir you are?
Perry Frakes stated, I’m Perry Frakes.
Vice President Jerry Thompson stated, thank you. Gentlemen could you visit outside please? Okay. I’m sorry. Do you have anything else you’d like to present to the board sir?
Perry Frakes stated, the only thing is the original drawings that I submitted here, I asked for my addition to be 12’ 3 and 19, 5 and the fellow names Rupel has given my general contractor some restrictions on my building which would want me to make it 20 1/2’ long instead of 19 ½’ long and that was in a northeasterly direction parallel to the lake.
Vice President Jerry Thompson stated, just a second on that one. He wanted to extend it another foot.
Director Weaver asked, which way?
Perry Frakes stated, east, northeast, it would be towards the neighbors. Looking at this drawing it would be towards the right.
Vice President Jerry Thompson stated, the right.
Director Weaver stated, okay.
Dave Scott stated, it’s not advertised right then.
Vice President Jerry Thompson stated, that’s right.
Director Weaver stated, well the setbacks will still be the same. My concern if he went the other way it would not be but if he’s going to the east it would be. I mean it won’t affect the setbacks he’ll still be meeting the side setback.
Dave Scott stated, I see, okay.
Vice President Jerry Thompson stated, he’ll be asking for less.
Charlie Mellon stated, yea.
Director Weaver stated, it’ll be a, the request won’t change.
Dave Scott stated, the request won’t change.
Director Weaver stated, other than the size of the addition that he’s building.
Dave Scott stated, he’s not requesting the east side he’s requesting…
Director Weaver stated, right.
Vice President Jerry Thompson stated, okay, all right.
Director Weaver stated, his request is here for the lake side.
Vice President Jerry Thompson stated, yes.
Director Weaver stated, if he goes this way he’s still okay.
Vice President Jerry Thompson stated, it’s not an issue for the most part.
Director Weaver stated, I don’t believe so.
Vice President Jerry Thompson stated, okay.
Perry Frakes stated, I just wanted to make sure.
Vice President Jerry Thompson stated, yea, good idea, good idea. Anyone here care to address the variance for or against? I don’t know if they’re going to need that. We’ve got an entry here from Joe Roach. Should that be entered into the record or…
Director Weaver stated, probably.
Vice President Jerry Thompson asked, Bob do you have that?
Attorney Little stated, I can read it, Joe Roach from Shafer Freeman lakes Environmental Conservation Corporation wrote a letter addressed to the White County Area Plan Commission, Dated May 19th. The SFLECC has been requested by Perry and Joyce Frakes to write you regarding their request for a variance to enclose a portion of an existing deck on the northeast corner of their cottage and to construct an unroofed deck on the west side of the same cottage on their property at 5263 East Blue Bell Court, Monticello, Indiana. Utilizing the survey provided us by the Frakes which was performed by Mr. James Milligan and dated March 24, 1999, the SFLECC does not object to a variance which would allow Mr. and Mrs. Frakes to build their desired enclosure and deck. Respectfully, R. Joe Roach, Land Manager.
Vice President Jerry Thompson stated, all righty, thank you.
Director Weaver stated, the size of the room again was going to be what?
Perry Frakes stated, it will change from 12’ 3 by 19’ 5 to 12’ 3x 20’ 5.
Director Weaver stated, just wanted to make sure I had it noted right. Um…
Perry Frakes stated, from 19 ½ to 20 ½ on the side.
Director Weaver stated, okay I do have one question, is there a business on this property?
Perry Frakes stated, yes.
Director Weaver stated, okay that’s what I thought when I was doing the research for this and I just wanted to make sure that you were aware, how long has that business been there?
Perry Frakes stated, 1955, I believe.
Director Weaver stated, okay that’s what I thought also that it’d been there because I saw that the 2 houses were old, um, you are not zoned for a business so I wanted you to be aware of that, okay. You are zoned for a single family lake residence, you are not zoned for a business on that property so I wanted to make sure that you are aware of that tonight.
Vice President Jerry Thompson asked, what type of business are you speaking of?
Perry Frakes stated, we sell marine fuel station, we have 4 gas pumps, we sell gas to boaters.
Vice President Jerry Thompson stated, oh, okay.
Director Weaver stated, plus you do have a cottage, do you rent the cottage out?
Perry Frakes stated, uh, the one small cottage next to our house used to be a rental, we let our children us it now. We own the house next door, we do rent that.
Director Weaver stated, the house next door is on another piece of property so…
Vice President Jerry Thompson stated, yea, yea.
Perry Frakes stated, entirely different piece of property.
Vice President Jerry Thompson stated, okay.
Perry Frakes asked, do I need to be concerned that it’s not zoned for that?
Director Weaver stated, you’re considered grandfathered as long as you don’t intend to make any changes you can remain under the grandfather clause.
Perry Frakes asked, what kind of changes?
Director Weaver stated, if you would intend to make additions, add on, tear down, rebuild, something like that it could cause problems, yes. If you make a substantial change you will have to bring it into compliance first.
Perry Frakes asked, does what I’m asking here to do, to do here have any effect on that?
Director Weaver stated, no.
Perry Frakes stated, okay.
Director Weaver stated, because I don’t think this is going to be a large enough change to effect that grandfather clause.
Perry Frakes stated, okay.
Director Weaver stated, okay.
Vice President Jerry Thompson stated, just so you’re aware of it though.
Perry Frakes stated, sure.
Vice President Jerry Thompson asked, okay, Charlie do you have any questions?
Charlie Mellon stated, no.
Vice President Jerry Thompson asked, Dave?
Dave Scott stated, no.
Vice President Jerry Thompson asked, ready to vote? Let’s vote.
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. There is a grandfathered business of selling marine fuel from 4 gas pumps on this property.
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 room addition on Lot Number One (1) in Blue Bell Park Addition in Liberty Township, White County, Indiana.
COMMON DESCRIPTION: Property is located North of Lowes Bridge and West of East Shafer Drive at 5263 E. Blue Bell Court.
7. That the variance herein authorized and granted is not so typical or recurrent in nature as to make typical or recurrent the formulation of a general regulation under an amendment of the ordinance for the above said condition or situation of the above said specific piece of property, and the Board additionally finds that the above said variance is based on the findings of fact so made that are required to be made under the provisions of Section 10.10 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorizes the above said variance under the above said sections of the zoning ordinance.
The variance was granted based on the findings of fact by a vote of 3 affirmative and 0 negative.
Attorney Little stated, Mr. Chairman the board has unanimously approved request #2731.
Vice President Jerry Thompson stated, okay thank you.
****
#2728 Lawrence L. Moser; The property is located on Lot 23 in Lakeside Heights Subdivision, located North of Indiana Beach at 4837 E. Pony Lane.
Violation: None
Request: He is requesting a variance for a 2500 sq. ft. of lot space and a 10’ lot width variance on lot 23 to separate lots 22 and 23.
Vice President Jerry Thompson asked, anyone here representing? Okay yes, sir.
Larry Moser stated, I’m Larry Moser.
Vice President Jerry Thompson stated, thank you, the floor is yours. You have anything you’d like to add?
Larry Moser stated, I don’t really have a lot to add I think it’s pretty self explanatory. If you have any questions, I’d surly like to answer them.
Vice President Jerry Thompson stated, okay, Diann do you have anything that needs to be mentioned?
Director Weaver stated, well I just like might explain a little.
Dave Scott stated, yea, I don’t understand.
Director Weaver stated, there previously was one house sitting on 2 lots, that house has been removed, they are grandfathered lots, they are not meeting the current requirements and in order for them to be separated and built on individually this is the steps that he has to take. You have 2 requests in front of you tonight for Mr. Moser, one for each lot.
Vice President Jerry Thompson stated, okay.
Larry Moser stated, and I’d like to add that I will meet all the setbacks, there’s not an issue there at all. You’ve got the drawings of the houses that I would anticipate putting on there and they would be well within the setbacks.
Vice President Jerry Thompson stated, we have a document here from the sewer district so that as well be entered.
Director Weaver stated, you know what I don’t even remember what it said so I can’t guess.
Vice President Jerry Thompson stated, well it’s basically saying, well…
Larry Moser stated, it basically said that they’d go ahead and honor me and put another grinder in.
Vice President Jerry Thompson stated, it’s not, it’s only a couple or three sentences Bob do you have that one as well?
Attorney Little stated, yes I do. Julie Morris for the Twin Lakes Regional Sewer District wrote a letter dated May 27, 2008 to the Area Plan, it does say to whom it may concern, this letter is in regard to Larry Moser and his property, Parcel No. 014-00130-00, Lot 22. Mr. Moser’s lot is currently a part of the TLRSD’S Phase II Project. The Twin Lakes Regional Sewer District is issuing a letter for Mr. Moser to apply for a variance. Once the variance is approved, he will be required to purchase a sewer connection permit. If you have any questions or need further assistance, please feel free to contact our office.
Dave Scott stated, I don’t have any problem with it, I’m not understanding the 10’ lot width variance.
Director Weaver stated, because the lots are to narrow to meet the requirements that are required in today’s ordinance.
Dave Scott asked, today, what 60’ minimum today?
Director Weaver stated, um hum.
Dave Scott stated, I see.
Director Weaver stated, and they also do not meet the size requirement individually that’s what the space variances for. They’re required to have, the current ordinance requires 7500 square feet per lot.
Dave Scott stated, right, okay.
Larry Moser stated, I would add that it is a dead end Mike Scheurich had shut that road off so it’s a dead end there so there’s room there for parking and also I might add that I would go in and the hillside is paved off and I’m going to repair all of that and when I get done it will be absolute quality property and a betterment to everybody. That’s my interest in it.
Vice President Jerry Thompson asked, okay anyone here care to address the variance, state your name? Charlie Mellon got any questions?
Charlie Mellon stated, no, no.
Vice President Jerry Thompson asked, Dave Scott?
Dave Scott stated, no.
Vice President Jerry Thompson asked, ready to vote?
Charlie Mellon stated, yea.
Vice President Jerry Thompson stated, let’s vote.
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 2500 square foot of lot space and a 10’ lot width variance on lot 23 to separate lots 22 and 23 on Lot 23 in Lakeside Heights Subdivision, in Monticello, Indiana as recorded in the Office of the Recorder of White County, Indiana.
COMMON DESCRIPTION: Property is located North of Indiana Beach at 4837 E. Pony Lane.
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 0 negative.
Attorney Little stated, again Mr. Chairman I’m pleased to report that the board has unanimously approved request #2728.
Vice President Jerry Thompson stated, okay, thank you.
Larry Moser stated, thank you.
****
#2732 Lawrence L. Moser; The property is located on Lot 22 in Lakeside Heights Subdivision, located North of Indiana Beach at 4837 E. Pony Lane.
Violation: None
Request: He is requesting a variance for a 2500 sq. ft. of lot space and a 10’ lot width variance on lot 22 to separate lots 22 and 23.
Vice President Jerry Thompson asked, is this a repeat?
Director Weaver stated, the other lot.
Vice President Jerry Thompson stated, almost, okay, all right. Back to you Diann do you have anything else?
Director Weaver stated, no, I have nothing new.
Vice President Jerry Thompson asked, anyone here care to address? I don’t think so. Dave you first.
Dave Scott stated, I don’t have anything.
Vice President Jerry Thompson asked, Charlie?
Charlie Mellon stated, no.
Vice President Jerry Thompson asked, nothing, vote?
Charlie Mellon stated, yea.
Vice President Jerry Thompson stated, okay.
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 1500 square foot of lot space and a 10’ lot width variance on lot 22 to separate lots 22 and 23 on Lot Numbered 22 in Lakeside Heights Subdivision, in Monticello, Indiana as recorded in the Office of the Recorder of White County, Indiana.
COMMON DESCRIPTION: Property is located North of Indiana Beach at 4837 E. Pony Lane.
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 0 negative.
Attorney Little stated, Mr. Chairman the board has also unanimously approved request #2732.
Vice President Jerry Thompson stated, okay thank you.
Larry Moser stated, and again thanks again folks.
Vice President Thompson stated, your welcome, your welcome.
****
#2734 Katherine Stigers & Jennifer Stigers; The property is located on .82 of an acre Out S/E W SW 22-25-4, located South of Brookston at 10991 S. State Road 43.
Violation: None
Request: They are requesting a 46’ rear setback variance to build a home that was destroyed by a fire.
Vice President Jerry Thompson asked, and Ma’am I assume you are?
Katherine Stigers stated, Katherine Stigers.
Vice President Jerry Thompson stated, you are Katherine Stigers, okay, thank you. Do you have anything you’d like to present other than what I read?
Katherine Stigers stated, no I just am requesting my house put back in the same area that it was. I wasn’t aware that it was zoned agriculture, that’s the problem I ran into.
Vice President Jerry Thompson stated, yea, yea, okay.
Charlie Mellon asked, are you building on the same foundation?
Katherine Stigers stated, no, we can’t build it on the same exact foundation.
Charlie Mellon stated, you got to much heat passed.
Katherine Stigers stated, yea it was completely destroyed.
Charlie Mellon stated, scorched too much. I went past there today and it looks like they got plenty of room.
Vice President Jerry Thompson asked, do you have anything Diann on this?
Director Weaver stated, no, I really don’t.
Vice President Jerry Thompson stated, okay, all righty, I guess there is a hardship, okay. Dave, go ahead I cut you off.
Dave Scott asked, are you on a septic system here or…
Katherine Stigers stated, yea.
Dave Scott asked, and you’re building basically the same number of bedrooms and everything that you had before?
Katherine Stigers stated, it’s actually a little less square footage.
Dave Scott stated, okay.
Katherine Stigers stated, and adding a basement so I don’t know if that makes any difference or not.
Dave Scott stated, no, I was just concerned maybe we need a sewage, something from Dan Banes but if she’s not adding and more living space I think she’d be all right.
Charlie Mellon stated, that’s out there across the creek.
Director Weaver stated, well and I think they all ready have that I just don’t have that in the file because…
Katherine Stigers stated, I think my builder did.
Director Weaver stated, yea, because they were applying for their permit when we realized that they weren’t meeting setbacks and discovered their zoning and everything so.
Dave Scott stated, okay.
Vice President Jerry Thompson asked, so you owned the property when it burnt?
Katherine Stigers stated, yes.
Vice President Jerry Thompson stated, okay I didn’t know you were the owners that time. Okay, Dave anything for?
Dave Scott stated, no.
Vice President Jerry Thompson asked, Charlie?
Charlie Mellon stated, no.
Vice President Jerry Thompson stated, okay let’s vote then.
Charlie Mellon stated, okay.
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 is to replace the home that burnt down.
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 46’ rear setback variance to build a home that was destroyed by a fire on That part of the Southwest Quarter of the Southwest Quarter of Section 22, Township 25 North, Range 4 West in Prairie Township, White County, Indiana, described by;
Commencing at the Southwest corner of the Northwest Quarter of Section 27, Township 25 North, Range West; thence North along the Section line 2664 feet; thence South 89 degrees 32 minutes East 65.56 feet to the East right-of-way line of State Road 43 and the point of beginning; thence South 89 degrees 32 minutes East 225.64 feet; thence North 225.00 feet; thence South 59 degrees 7 minutes 30 seconds West 153.79 feet; thence North 89 degrees 32 minutes West 62.89 feet to the East right-of-way line of State Road 43; thence along said right-of-way line South 8 degrees 7 minutes West 87.13 feet; thence North 81 degrees 53 minutes West 10.00 feet and south 8 degrees 7 minutes West 60.50 feet to the place of beginning, containing .82 of an acre, more or less.
COMMON DESCRIPTION: Property is located South of Brookston at 10991 S. State Road 43.
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 3 affirmative and 0 negative.
Attorney Little stated, Mr. Chairman the board has unanimously, has voted to unanimously approve request #2734.
****
Vice President Jerry Thompson stated, okay thanks again. Diann next month any other board matters?
Director Weaver stated, no other than last night we had I think what will be our last evening meeting regarding the new zoning ordinance. We do still need to get together to discuss fees, so we will have one more meeting, I’ll probably try to schedule that during the day. I would like someone from this board to try to attend that meeting so that we can set up those fees.
Charlie Mellon stated, I’ll try to.
Director Weaver stated, I don’t know yet when it will be but.
Charlie Mellon stated, yea.
Director Weaver stated, soon, it will probably be next week sometime.
Dave Scott stated, I could come over too if you give me a holler and let me know.
Director Weaver stated, okay. We’re intending to have all of the changes to the new ordinance to Indianapolis no later than Monday. They will have the final copy back to us no later than July the 18th and APC is then having a special meeting on the 28th of July to adopt this, so that’s our schedule.
Vice President Jerry Thompson asked, should we go ahead and discuss a possible, well there will be a second meeting. Do you need to know from us while we’re right here if there’s a date that could conflict?
Director Weaver stated, that’s fine, that’s great, yea.
Dave Scott stated, as long as it’s on Thursday night, I don’t care what it is.
Director Weaver stated, I was going to say I usually try to go the following Thursday.
Vice President Jerry Thompson asked, so very possibly the 17th and the 24th then is what you’re thinking?
Director Weaver stated, I will get back with you, is, those 2 dates I will check that out in the morning, I will also check when the fair is, I try to schedule our meeting opposite week of the fair so.
Vice President Jerry Thompson stated, yea.
Charlie Mellon stated, oh yea.
Director Weaver stated, I will double check that and I will check these dates and make sure they’ll work and I’ll get with you guys.
Vice President Jerry Thompson stated, email us or something like you’ve been doing, I appreciate you doing that. That’s the way to get a hold of everybody.
Director Weaver stated, that sure makes it easy for me.
Charlie Mellon stated, that fair is in those dates isn’t it?
Director Weaver stated, it’s in July, I don’t know exactly when.
Vice President Jerry Thompson asked, do you check your emails Charlie.
Director Weaver stated, Charlie comes and visits us often.
Charlie Mellon stated, no, I don’t.
Director Weaver stated, I do have um, one concern about, like I said you have 2 appeals for next month. The people that are appealing these, these are fines that I have put in place, the people that are appealing these fines don’t want to attend the meeting, so the only thing I know to do is to send them a letter that I normally send them tell them they need to attend and we go from there and see if they do show, is that what you want me to do?
Charlie Mellon stated, yea.
Vice President Jerry Thompson stated, we need them here.
Dave Scott stated, or send them a representative with one of them letter that says, you know they can talk for them.
Director Weaver stated, okay.
Dave Scott stated, somebody has to be here.
Vice President Jerry Thompson stated, yea.
Director Weaver stated, okay well I’ve tried to explain that to them so I don’t know.
Vice President Jerry Thompson stated, okay.
Director Weaver stated, um, I think that’s all I have.
Vice President Jerry Thompson stated, thanks to Bob Little
Dave Scott stated, yep.
Director Weaver stated, thank you.
Vice President Jerry Thompson stated, for helping you this month.
Attorney Little stated, thanks for keeping it short, it’s much better than the first time.
Dave Scott made motion to adjourn.
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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