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The White County Board of Zoning Appeals met on Thursday, August 21, 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, Jerry Thompson, and Carl (Shaker) Hites.  Also attending were Attorney Robert Little and Director Diann Weaver.

Visitors attending were:  James Hashu, Walter Sparks, Kay & Glenn Jennings, Terry Pickens, Steve Parrish, Bonnie Parrish, Gina & Rod Gaddis, Perry McWilliams, Lynn Anderson Joe Hickman, and Bob Wrede.

The meeting was called to order by Vice President Jerry Thompson and roll call was taken.  Dave Scott made a motion to dispense with reading and approve the minutes of the July 17, 2008 meeting.  Motion was seconded by and carried unanimously.  Attorney Little swore in all Board members and audience members. 

Vice President Jerry Thompson stated, variance 2711, 2712, and 2713, we basically will hear them as one…

Director Weaver stated, and 14.

Vice President Jerry Thompson stated, oops I’m sorry, 14 yes, I didn’t turn the page.  We will treat them the evidence as one but we will vote on them individually.  Correct?  Make sure I have that right.

Director Weaver stated, yes.

Vice President Jerry Thompson stated, okay just so everyone understands that so.

****

#2711     Terrence M. Pickens; The property is located on Part of Lots 13 and 14 in Hinshaw’s White Point Addition, located just North of C.R. 225 N at 2406 N. West Shafer Drive.  Continued from July 17, 2008.

Violation:    None
Request:    He is requesting an 8’ front setback variance and a 5’ rear setback variance to bring the existing cottage and attached garage into compliance and to separate the lots and change the lot lines.

Vice President Jerry Thompson asked, now do you want me to read all of those or stop there?  Stop?

Gerald Cartmell asked, they’ve all ready been in haven’t they?  There’s no point in reading them.

Vice President Jerry Thompson stated, basically we have.

Director Weaver stated, we have, yea.

Vice President Jerry Thompson stated, so just the fact announcing the number of the variance and leave it at that, yea we’ve been down this before.

Gerald Cartmell stated, that’s the man that has that slip of paper down there.

Vice President Jerry Thompson stated, yep.

Attorney Little asked, yea you did that last time right?

Director Weaver stated, yes.

Vice President Jerry Thompson stated, yes.  I’ll leave it right there if that’s fine with the Board and everyone.  Okay and sir you are?

Terry Pickens stated, Terry Pickens.

Vice President Jerry Thompson stated, yes, do you have anything?

Terry Pickens stated, I’ve gone before the Board previously on this matter, it was actually voted in my favor at one point but then it was suggested that if, to keep the lots separate which is a way I purchased them originally that I redraw some lot lines in order to bring the property into closer compliance which I did and I submitted to the, at the last hearing that was affected by the road widening project. 

Vice President Jerry Thompson asked, okay, Diann do you have anything on this?

Director Weaver stated, I do not have anything additional, no.

Vice President Jerry Thompson stated, okay.  Questions from the Board?  Gerald do you want to start?  Nothing?  Charlie?

Charlie Mellon stated, no.

Vice President Jerry Thompson asked, Dave?

Dave Scott stated, the only question I have uh, I realize the county’s created a hardship here for you when they put the road through there.

Terry Pickens stated, yes sir.

Dave Scott stated, and uh, I guess you don’t have to answer me, but what’s your intent with these, are you wanting to sell them off individually or…

Terry Pickens stated, well Dave what I did was I bought these separately at different times so the problem being the way the lot lines fell, there were several encroachments when I bought them and it was the Boards suggestion that if I had the lines redrawn that I could actually have property that’s in better compliance.  It’s a lot easier to, if I ever sold one piece to still, to find a buyer for one piece then to sell the whole um, um, package.  I bought them separately, I’d like to stay in the community and on the lake and if I were to sell a piece to a relative or somebody I could legally do that so, you know.

Dave Scott stated, when we do this it creates a situation where anytime anybody wants to make an improvement or do anything to any of these lots they’re going to be in here for a variance by making these lots so small.

Terry Pickens stated, yes, right, and they got smaller even when the frontage was taken.

Dave Scott stated, I realize that.

Terry Pickens stated, they took like half of the property.

Dave Scott stated, um, and I guess what I’m thinking is that somebody unknowingly is going to buy one of these thinking that he can do something on it and whoever’s up here may not grant him those variances.

Terry Pickens stated, yea, no I would have to make the buyer aware that you know it’s less than the square footage needed, no, I don’t see that you could build anything more on here there’s to many pieces on here as it is and that’s the way it was, you know I didn’t, I bought them separately and I would just try to make them into better compliance by redrawing the lines.  I’ve had them for 17 years.

Dave Scott stated, yea, I…

Terry Pickens stated, I’ll probably have them for another 17 years.

Dave Scott stated, I’d rather see the parcel, made one parcel but I…

Terry Pickens stated, I actually had to buy that lot 13 from a different owner you know.  You know there’s no more adjacent property for sale.  I did  approach my neighbor but they’re not willing to sell at this time.

Director Weaver stated, I might refresh the Boards memory that this was granted a variance I think like last December to bring these structures into compliance and it did as part of that request did join them all together as one and the reason that Mr. Pickens is here is to separate them back so each lot has it’s own variance and can be kept separate.

Terry Pickens stated, and Diann will say to file the paperwork to combine them at that point.

Director Weaver stated, the application was for all of the lots on one application.

Terry Pickens stated, for the purpose of this hearing, right.

Director Weaver stated, no…

Terry Pickens stated, but when we went to get the permit…

Director Weaver stated, on this one you did a separate application for each lot.

Terry Pickens stated, right just keep them the way they were when I purchased them.

Director Weaver stated, right.

Terry Pickens stated, so that the, wouldn’t be demised by, you know assemblage is good in one way but then you know, if you assemble it, it’s not big enough to run it as a ongoing business because it’s you know just a few buildings there so separately is the only thing that makes sense to me and it’s not that I would sell one off you know, I wanted to keep them the way they were when I purchased them that’s all.  Thank you.

Vice President Jerry Thompson asked, Dave do you have anything else?

Dave Scott stated, no.

Vice President Jerry Thompson stated, okay.  Shaker I’ll just call on you.  Your kind of being thrown into fire here right away but.

Carl Hites stated, I don’t have any questions, thank you.

Vice President Jerry Thompson stated, okay, thank you.  Anyone here care to speak either in favor or against the variance?  If not is the Board ready to vote?   Let’s vote.

The Board Finds the following:

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

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

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

4.    That no objectors were present at the meeting.

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

6.    That the request is for an 8’ front setback variance and a 5’ rear setback variance to bring the existing cottage and attached garage into compliance and to separate the lots and change the lot lines on Lot Number Thirteen (13) in White Point Hinshaw Addition, in Union Township, White County, Indiana.

COMMON DESCRIPTION:  The property is located just North of C.R. 225 N at 2406 N. West Shafer Drive.

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

The variance was granted based on the findings of fact by a vote of 4 affirmative and 1 negative.

Attorney Little stated, Mr. Chairman I report that the Board has approved Petition #2711 by a 4 to 1 vote.

Vice President Jerry Thompson stated, okay thank you.

****

#2712     Terrence M. Pickens; The property is located on Part of Lots 14 and 15 in Hinshaw’s White Point Addition, located just North of C.R. 225 N at 2408 N. West Shafer Drive. Continued from July 17, 2008.

Violation:    None
Request:    He is requesting a 13’ front setback variance and a 6’ rear setback variance and a 20’ lot width variance and a 63 square foot space variance to bring the existing cottage and attached garage into compliance and to separate the lots and to change the lot lines.

Vice President Jerry Thompson asked, and again Mr. Pickens do you have anything?

Terry Pickens stated, um once again Mr. Milligan made every effort to draw the lines in such a way where there would only be 2 cars per, aloud per cottage.

Vice President Jerry Thompson stated, okay.

Terry Pickens stated, that’s about it.

Vice President Jerry Thompson stated, okay.  Diann anything?

Director Weaver stated, no.

Vice President Jerry Thompson asked, Gerald, nothing.  Charlie?

Charlie Mellon stated, no.

Vice President Jerry Thompson stated, no, Dave Scott and Shaker? Anyone here care to speak for or against?  If not ready to vote?  Okay.

The Board finds the following:

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

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

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

4.    That no objectors were present at the meeting.

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

6.    That the request is for a 13’ front setback variance and a 6’ rear setback variance and a 20’ lot width variance and a 63 square foot space variance to bring the existing cottage and attached garage into compliance and to separate the lots and to change the lot lines on pt lot 14 and pt lot 15 in White Point Hinshaw Addition, in Union Township, White County, Indiana.

COMMON DESCRIPTION:  The property is located just North of C.R. 225 N at 2408 N. West Shafer Drive.

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

The variance was granted based on the findings of fact by a vote of 4 affirmative and 1 negative.

Attorney Little stated, once again Mr. Chairman I’ll report that the Board is approved this petition #2712 by a vote of 4 to 1.

Vice President Jerry Thompson stated, okay thank you.

****

#2713     Terrence M. Pickens; The property is located on Part of Lot 15 and part of Lot 14 in Hinshaw’s White Point Addition, located just North of C.R. 225 N at 2410 N. West Shafer Drive.  Continued from July 17, 2008.

Violation:    None
Request:    He is requesting an 18’ front setback variance and a 5’ rear setback variance and a 15’ lot width variance and a 1,088 square foot space variance to bring the existing cottage into compliance and to separate the lots and change lot lines.

Vice President Jerry Thompson asked, and again Mr. Pickens?

Terry Pickens stated, nothing else.

Vice President Jerry Thompson stated, nothing else.  Diann?

Director Weaver stated, no.

Vice President Jerry Thompson asked, nothing else?  Gerald, once again?  No, Charlie?

Charlie Mellon stated, no.

Vice President Jerry Thompson asked, Dave?

Dave Scott stated, no.

Vice President Jerry Thompson asked, Shaker?  Nothing.  To the audience, yea, nay.  Let’s vote.

The Board finds the following:

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

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

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

4.    That no objectors were present at the meeting.

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

6.    That the request is for an 18’ front setback variance and a 5’ rear setback variance and a 15’ lot width variance and a 1,088 square foot space variance to bring the existing cottage into compliance and to separate the lots and change lot lines on pt lot 15 and pt lot 14 in White Point Hinshaw Addition, in Union Township, White County, Indiana.

COMMON DESCRIPTION:  The property is located just North of C.R. 225 N at 2410 N. West Shafer Drive.

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

The variance was granted based on the findings of fact by a vote of 4 affirmative and 1 negative.

Attorney Little stated, just for the record every Board member is supposed to answer every question and try to make sure that all the questions get answered so we don’t have any ballots that don’t count.  Mr. President I can report that the Board has again voted 4 to 1 to approve this petition #2713.

Vice President Jerry Thompson stated, okay thank you.

****

#2714     Terrence M. Pickens; The property is located on Part of Lots 15 and 16 in Hinshaw’s White Point Addition, located just North of C.R. 225 N at 2410 N. West Shafer Drive.  Continued from July 17, 2008.

Violation:    None
Request:    He is requesting a 24’ front setback variance and a 4’ rear setback variance to bring the cottage into compliance and to allow for a proposed detached carport to separate lots and change lot lines.

Vice President Jerry Thompson asked, Mr. Pickens?

Terry Pickens stated, yes on this particular lot I also have to replace the well house that’s badly deteriorated along with the uh, there was a garage there but we had to remove it because we had to lower the topography of the land in order to get vehicles in and to be able to park and I’m asking to put up a carport with open on all sides just to put the boat in the winter time.

Vice President Jerry Thompson stated, okay.

Terry Pickens stated, that’s about it.

Vice President Jerry Thompson asked, Diann?

Director Weaver stated, nothing.

Vice President Jerry Thompson stated, okay.  Gerald, nothing.  Charlie?

Charlie Mellon stated, no.

Vice President Jerry Thompson stated, nothing, Dave Scott?  Shaker?

Shaker Hites stated, no.

Vice President Jerry Thompson stated, nothing.  Anyone here care to address?  Let’s vote.

Director Weaver asked, Mr. Pickens did you bring your sign back?

Terry Pickens stated, I did.

The Board finds the following:

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

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

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

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 24’ front setback variance and a 4’ rear setback variance to bring the cottage into compliance and to allow for a proposed detached carport to separate lots and change lot lines on pt Lot 15 and  Lot 16 in White Point Hinshaw Addition, in Union Township, White County, Indiana.

COMMON DESCRIPTION:  The property is located just North of C.R. 225 N at 2412 N. West Shafer Drive.

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

The variance was granted based on the findings of fact by a vote of 4 affirmative and 1 negative.

Attorney Little stated, and again Mr. President petition #2714 has been approved by this Board by a vote of 4 to 1.

Vice President Jerry Thompson stated, okay thank you.

Terry Pickens stated, thank you for your understanding on this matter, appreciate it.

Vice President Jerry Thompson stated, okay thank you.
****

#2738     W. Dean & Marcia Cook; The property is located on 1.164 A, on Part NE NE 22-27-03, located East of State Road 39 on C.R. 175 North before C.R. 725 East.  Tabled from July 17, 2008.

Violation:    None
Request:    They are requesting a 54’ front setback variance to build a new pole building.

Vice President Jerry Thompson asked, anyone here representing the Cook’s?  Yes?

Attorney Little stated, Mr. Thompson I’m going to step out of this…

Vice President Jerry Thompson stated, okay, all right, thank you.  Yes sir?

Gary Cosgray stated, my name’s Gary Cosgray alias Dean Cook.

Vice President Jerry Thompson stated, okay, all righty.  Do you have anything to present to the Board other than I read for the record?

Gary Cosgray stated, no Dean’s got them everything that I’ve got with me.

Vice President Jerry Thompson stated, okay, all right.  Diann do you have anything?

Director Weaver stated, we did receive some additional information that you do have in your packet.

Vice President Jerry Thompson stated, hold up.  Such as…

Director Weaver stated, we have a letter from Mr. Little and copies of some documents that were supplied by his office.

Vice President Jerry Thompson stated, why don’t you go ahead and enter those for the record if you would please.

Director Weaver stated, the letter from Mr. Little’s office is dated August 5, 2008 addressed to the White County Board of Zoning Appeals, it says Dear Sir’s I represent Steve and Bonnie Parrish, adjoining property owners to the Cook property.  Pursuant to my earlier conversations with our office, and Jerry Altman, I am submitting on their behalf copies of the following documents:  1. Grant of Right of Way (Easement), 2. Deed to Cooks.  At this point, I still am trying to determine ownership of the real estate underlying the right of way.  I also note, however, that the legal description contained in the Deed to the Cooks as repeated in the surveys in your file, do not appear to have a correct description of the property drawn.  I have attempted to highlight the questioned portion of the legal description for you.  I will get you a copy of anything further I find that might be helpful.  Very Truly yours, Robert H. Little.  And there is a personal representative’s deed from the Lingenfelter and Parrish to Thelma Lucille Parrish for the estate of Thelma Lucille Parrish conveying to W. Dean Cook and Marcia E. Cook, a warranty deed from the same.  There is a document that’s labeled, headed as an easement and there is another warranty deed from the Parrish’s to the Cook’s and a personal representatives deed from Thelma Lucille Parrish Estate deeding to the Cooks.  And that’s all I have.

Vice President Jerry Thompson stated, okay, okay.  Um, Dave Scott we’ll start with you.  Do you have any questions for…

Dave Scott asked, uh, Mr. Little can you testify or no?

Gary Cosgray asked, I don’t think he’s supposed to, is he?

Dave Scott asked, pardon…

Gary Cosgray asked, is he really supposed to or not?

Attorney Little stated, I would prefer not to, the Parrish’s are here and I would prefer to have them answer.  The time I submitted what I did, I didn’t know I was going to be here tonight.

Dave Scott stated, okay I just wondered if you say the language in the legal description uh, isn’t such that you can describe the easement?

Attorney Little stated, what my letter said, I think I can explain what my letter says since I wrote it, what the letter said was there was what appears to be an error in the legal description the deed to the Cooks and that it was a dimension or a direction of north 8 degrees west, I think it was supposed to read north 89 degrees west which means the line around the farm goes in the wrong direction.  That’s the point of that submission on the deed there would be an error then on the legal description on the deed.

Dave Scott asked, so does that work in favor or against the petitioner of the, of the variance?

Attorney Little stated, the, if the legal description is accurate then the petitioner seeking the variance doesn’t own where he would be putting the proposed barn.

Dave Scott stated, I think I’m going to make a motion that we table this until both sides have an opportunity to, I’m a little uncomfortable voting on this not knowing.

Gerald Cartmell stated, either way, either way, if that’s the case.

Dave Scott stated, right. 

Gerald Cartmell asked, it’s either 8 or 89, right?

Attorney Little stated, I believe it’s supposed to be 89 degrees that would make sense for the right angle of the property turns on the drawing you have but the deed says, and both deeds, 2 deeds that I have in prestige it says 8 degrees.

Dave Scott stated, the only thing we do have a, a survey here from a registered surveyor that describes it also.

Attorney Little stated, that survey describes it as 89 degrees that’s correct.  That’s why I think it is supposed to say 89 degrees.

Dave Scott stated, but according to our survey it would, well I’ve got a motion on the table.  I hate to hold him up another month but I…

Charlie Mellon stated, I’ll second it.

Vice President Jerry Thompson stated, okay it’s been moved to table this and is there a second?

Gerald Cartmell stated, Charlie seconded it.

Vice President Jerry Thompson stated, Charlie seconded it, just a second that would fall on September…

Director Weaver stated, 18th.

Vice President Jerry Thompson stated, 18th.

Gerald Cartmell asked, so what goes on?  How do we, now Mr. Cook has to prove, or somebody has…

Vice President Jerry Thompson stated, well…

Gerald Cartmell stated, and guess who was the idiot who did it to start out with.

Dave Scott stated, well we need an accurate…

Gerald Cartmell stated, an accurate…

Dave Scott stated, but well that’s the thing, I mean Mr. Milligan stamped this thing saying that the way he’s read it then its accurate, his drawings accurate and does that fit the setbacks that they’re asking for?

Director Weaver stated, as it’s drawn, well the request came from that drawing.

Gerald Cartmell stated, from Milligan’s drawing.

Director Weaver stated, I mean, we, we figure out what the request is by what’s submitted to us by that survey.  So yes it would coincide.

Dave Scott asked, and you think the drawing may be correct?

Attorney Little stated, I think the drawing is correct for what it’s supposed to be but I don’t think it’s correct as to what was actually deeded or what was described in the deed.

Gerald Cartmell stated, I see.

Vice President Jerry Thompson asked, we do have a motion and a second, want to continue that, to table this?  All in favor say aye.

Board Members stated, aye.

Vice President Jerry Thompson asked, all opposed?  Okay, probably be best.  Be tabled to, you said September 18th Diann?

Director Weaver stated, yes.

Vice President Jerry Thompson stated, heard you right, okay.

Director Weaver stated, I can provide the information to our attorney, actually he’s already got this information and we can see what he has to say.

Gerald Cartmell asked, do you go back to the original deed from Parrish and Lingenfelter, is that what you do? 

Director Weaver stated, I think what our attorney would need to decide is if you guys can actually vote on this the way it’s presented or if the legal description needs to be taken care of prior to any action by you guys.  That’s what I would assume.

Dave Scott asked, when they bought that wouldn’t they have had a title search?

Director Weaver stated, I don’t know.

Dave Scott stated, he may want to go back to the title company and make sure.

Gerald Cartmell stated, White County Abstract or whatever he is.

Vice President Jerry Thompson stated, um hum.  Yep, okay it’s been tabled let’s move along.

****

#2741     Pride Property, LLC; The property is located on Pt Lot 1 in Wayside Lodge Subdivision, located North of Norway Dam off of CR 350 North to Shore Acres Court.  Tabled from July 29, 2008.

Violation:    None
Request:    They are requesting a 939 Sq. Ft. space variance and a 24’ width variance to separate lots.

Vice President Jerry Thompson asked, and sir I know who you are but who, you are?

Joe Hickman stated, I’m Joe Hickman and I’m representing Pride Properties.

Vice President Jerry Thompson stated, yes, thank you.

Joe Hickman stated, basically what we request being done, we own 3 parcels out there.  We own lot number 1 of Wayside Lodge, lot number 2, and also a triangular shape parcel out by the road that includes a recently vacated road.  We want to increase the size of both of the lots by incorporating the parcel into them to make 2 residential lots.  Um, it’s only going to affect the center property line of the 2 lots and that would extend through the parcel.  It wouldn’t have any impact on either one of our neighbors on either side of us.  And that’s basically my case for now.

Vice President Jerry Thompson stated, okay, all right. Uh, Mr. Little we have a letter here probably ought to be entered correct?

Director Weaver stated, well the one, one of them you had at the last meeting.  I don’t know that it was read though because we tabled this right a way.

Vice President Jerry Thompson asked, do we have a copy of that?

Director Weaver stated, you have a new one as well so you actually have 2.

Attorney Little stated, I don’t see that one in mine.

Vice President Jerry Thompson stated, okay.

Joe Hickman asked, is this a letter of support?

Vice President Jerry Thompson stated, uh, I haven’t read clear through it.  We’ll find out here in a second, Hashu, the name Hashu.

Joe Hickman stated, that’s my neighbor to the west.

Vice President Jerry Thompson stated, okay, all right.  Just go ahead and read them for the record please.

Attorney Little stated, all right, it’s a letter dated July 21, 2008 from Lawrence Hashu, and it bears the signature with an address in Chesterton Indiana addressed to the White Area Plan Commission, Sirs:  I am writing in reference to the proposed variance request by Pride properties, LLC for space and width on property located at 3546 N. Shore Acres Ct., Wayside Lodge Addition, Liberty Township, White County Indiana.  I own the property adjacent to the above mentioned property.  I opposed the granting of this variance.  It would make both lots too small to support the existing dwellings and any new proposed building erected there.  The parking in this area is very limited.  The rest of the subdivision and surrounding buildings are one bedroom vacation/weekend cottages and lack of parking is already a problem for these small dwellings.  People park along the roadside and it creates a dangerous situation with traffic and causes many near misses for pedestrians and cars.  This proposal is for a larger dwelling and there will not be adequate room for parking and the building available.  By granting the variance, it will also cause unsightly crowding of the structures, possible water runoff problems, a devaluation of property values, and stress and hardships among current and future residents.  I also believe that all residents with adjoining property have not been properly notified on this variance request by mail.  I believe the commission should adhere to the standards set forth in the buildings codes to provide for uniformity and order in this neighborhood.  These standards were established for this reason and a variance from them should not be granted.  Thank you signed Lawrence Hashu and it’s notarized showing you received it July 22, 2008.

Director Weaver stated, as a result of this letter we did table this at the last meeting, we re-notified and picked up the owner that was missed so all the owners to my knowledge have been notified at this time.

Joe Hickman asked, which owner was that that was missed, Mr. Sparks or Hunt.

Director Weaver stated, across the, I can’t tell you a name, across the road is all I can tell you.

Joe Hickman stated, oh okay, because, well yea.  I’d like to address a couple of the oppositions if I may.

Vice President Jerry Thompson stated, okay just a second please.  If you see fit that ought to be…

Director Weaver stated, that’s the information he sent us.

Attorney Little stated, there is an additional letter from Joe Hickman who is basically offering to be here to answer questions.  I don’t see any point to read this letter in here you can say anything that they have for questions.

Joe Hickman stated, no, no.

Vice President Jerry Thompson asked, so he read this as well?

Director Weaver stated, it hasn’t been read either.

Attorney Little stated, all right, we have another letter.  This one is dated August 14, 2008 to White County Area Plan Commission, In reference to real estate:  Lot 2 and pt Lot 1 in Wayside Lodge Subdivision in Liberty Township, White, County, IL 3546 N. Shore Acres Ct.  I am the property owner of Lot 3, east of above mentioned lot and have been so for plus forty years.  I feel by dividing this property you will have two houses on small lots and the house on Lot 1 will by built practically on top of the house to the west.  In fact they would be building a house on a lot that is over 1/3 smaller then the code allows.  I have viewed the lines staked out for the division and clearly there will be issues regarding congestion and the lack of parking.  Also, the existing house will loose access to part of its boat lift as it is over the division line.  A member of your board came out on August 2nd and spoke to some of the neighbors, myself included, and he could not figure out where a house could be built.  I also understand that there is a person interested in buying the parcel in its entirety.  I think that dividing this land and building a house on a small lot on top of the adjoining houses would congest the area and bring down property values.  I would hope maybe another member of your board could view this land because of it’s off shape, it is hard to visualize the concerns of the neighbors.  Thank you for your attention on this matter.  Sincerely, Thomas Anderson & Lynn Anderson, showing you folks received it on August 15, 2008.

Vice President Jerry Thompson stated, all right, thank you.

Joe Hickman stated, I think Mrs. Anderson has changed her mind because I spoke to her previously and she said she didn’t have a problem with this, obviously her mind has changed and I appreciate that.  As far as lot size I’ve listed 11 lots in Wayside Court, their square footage and acreage and also lots to the west, 6 lots to the west the 2 lots that I am proposing are considerably larger then any of the existing lots out there and the way that the lots are constructed they’re on a bend so we’re going to have 8 almost 89’ of frontage on lot number 1, 113’ of frontage on lot number 2.  There’s ample area for parking on lot number 2, we’re going to build up a retaining wall with a 20 x 40’ area that would accommodate 3 to 4 cars easily.  The other lot there’s absolutely no problem for parking there.  There’s a building footprint with all the setback requirements of 1900 square feet.  You could build 2 levels, realistically you’re going to have maybe a 1200 square foot, one level building with a walkout basement, it’d be new construction.  It’s going to do nothing but add to the value of the property in the area, it’s not going to be a detriment at all.  I understand Mr. or my neighbors concerns to the west of me.  He is a 37’ wide lot and he has a building or his home is 5’ away from the property line.  What I would do, I would guarantee that we would move at least 15’ in from our property line to insure that he would have 20’ setback there and we would adhere to all the other setbacks that are in the variance.  We’re not going to affect his view at all if anything we’ve improved his view, there was a garage up about a foot off of the property line on the water side.  We took that down, gave him 90% more view of Kean’s Bay.  We cut the brush up on the hillside, that’s improved it, um and if anyone says putting in a 300, 400 thousand dollar home in a neighborhood is going to detract from the value of it, I just strongly disagree with that.

Vice President Jerry Thompson stated, okay, thank you.

Joe Hickman stated, yep.

Vice President Jerry Thompson asked, um, anyone here care to address the variance either for or against?  Okay.  Yes sir, yes, come forward.

Jim Hashu stated, I’m Jim Hashu, I’m on the adjacent property west of there at 3542 N. Shore Acres Court and I’m here to oppose the variance, my brother Lawrence was the letter that was written, um, I can just reiterate the same things that he has in there about parking, this property is being shown now.  The lot, 2 property’s for sale, people are parking along that curve on the roadside, there’s not even enough room to park a car in there now.  The previous owner was there.  The previous owner was there for 12 years.  He didn’t throw large parties, he had occasional people over, most of the time the area that they’re proposing to build a house on was used as parking lot for the lot 2 where the house is now and 3 or 4 cars in there pretty much filled that lot, of course there was that small building on there too but we’re opposed to the granting of the variance because of that.  The other lots may be smaller in that subdivision but they’re all single bedroom, slab type cottages, vacation cottages and that’s what’s in that area in that subdivision.  Thank you.

Vice President Jerry Thompson stated, okay, thank you.

Joe Hickman stated, possibly the reason people…

Vice President Jerry Thompson stated, just a minute, just a minute please.  I’ll give you another opportunity here in a second.  Anyone else care to address for or against?  Yes sir, come forward, then I’ll come back to you, okay.

Walter Sparks stated, my name is Walter Sparks, I own the property across the road from the property that they’re working on here and I’ve lived there since 1973, there’s been a constant battle and people coming up there at the cottages, looking for a place to park, they come across the road on my property without permission, without contacting me and I’m getting damn sick and tired of it and adding more to it would only increase the problem so I ask you to not grant this variance, it’s not good for the neighborhood.  Thank you.

Vice President Jerry Thompson stated, okay, thank you.  Yes ma’am come forward.

Lynn Anderson stated, Lynn Anderson, Lynn Anderson.

Vice President Jerry Thompson stated, yes.

Lynn Anderson stated, yes, um, I originally did say, well I asked him about it because I didn’t understand the scanning and that and then when they laid out the lines of where they were actually going to cut the property up, it’s, it just looks like your taking all the property from the one house that’s originally there, they own, I mean they only have a little bit and then they’ve got like a narrow part where there going to have to build a house and it would be more like a long skinny house and they’re really would be no parking to speak of and I just think it would make the are way to congested.  It’s open, it’s beautiful right now and I really think by putting another house there it would take away from the property values, I don’t care how much the house cost if it doesn’t look right in the neighborhood.  If it’s not built, if they built one on top of the other, I just don’t think it’s going to bring up your property values.  Thank you.

Vice President Jerry Thompson stated, okay thank you.  Anyone else?

Joe Hickman stated, no I’m done, that’s fine.

Vice President Jerry Thompson stated, okay, okay.  Diann do you have anything else?

Director Weaver stated, no I just was going to clarify that and I don’t know how this got missed but your survey does not show the current house, there is a current house on lot 2.  The pictures do show that home and I just wanted to make sure you realize that.

Vice President Jerry Thompson stated, okay, okay.  Dave Scott do you have any questions or comments?

Dave Scott asked, now this survey back here that shows the building area is that back on the plan?

Director Weaver stated, well the one I was looking at didn’t have it yea, okay.  As far as I’m aware it’s accurate, yes.  I might add also the road has been vacated and you do have information from the secretary of the county commissioners stating that they did vacate that.

Vice President Jerry Thompson asked, they did vacate that?

Director Weaver stated, they did vacate the road.

Vice President Jerry Thompson stated, okay.

Gerald Cartmell stated, I think that road originally probably years ago went around the lake before all the stuff was ever built.

Vice President Jerry Thompson stated, hum.

Director Weaver stated, that’s what it kind of looks like on the plat, yea.  I provided you a copy of the original plat of this area also.

Vice President Jerry Thompson stated, okay, I’ll go back, Shaker do you have any comments or anything to add?

Shaker Hites stated, I don’t.

Vice President Jerry Thompson stated, back to you Dave do you have anything else?

Dave Scott stated, I don’t.

Vice President Jerry Thompson asked, Charlie Mellon?

Charlie Mellon stated, no.

Vice President Jerry Thompson asked, Gerald Cartmell?  Nothing.  No other discussion is the Board ready to vote?  Let’s vote.

Attorney Little asked, for my clarification are you voting on lots 1 and 2 or just one of the lots at this position, I’m not seeing…

Director Weaver stated, they have 2 variances before the Board one for each lot so they can be separated.

Attorney Little stated, all right, and it looks like you’ve got them as 2 separate petitions so we’ll make it clear, we’re voting on 1 petition first.

Director Weaver stated, they are 2 separate petitions.

Attorney Little stated, number 2741.

Vice President Jerry Thompson asked, do you have something before we vote?

Joe Hickman stated, well I don’t know why you don’t vote on both together because if one, if it’s approved and fine if it’s not then you know that’s fine also.

Director Weaver stated, they can incorporate the evidence but they have to vote on each one separately.

Joe Hickman stated, okay.

Director Weaver asked, did you bring your signs back?

Joe Hickman stated, no, I did not, I’ll bring them tomorrow.

Director Weaver stated, that’s fine.
The Board finds the following:

That objectors were present at the meeting

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

That the request is for a 939 sq. ft. space variance and a 24’ width variance to separate lots on Part of Lot Number One in Wayside Lodge Subdivision in Liberty Township, White County, Indiana described by:
Beginning at the Southeast corner of said Lot Number One; thence South 89 degrees 42 minutes 00 seconds West along the South lot line of said Lot Number One 77.32 feet; thence North 56 degrees 30 minutes 00 seconds West 25.71 feet; thence along the S.F.L.E.C.C. property line North 48 degrees 42 minutes 00 seconds East 48.34 feet and North 60 degrees 42 minutes 00 seconds East 40.46 feet; thence South 38 degrees 05 minutes 31 seconds East 43.74 feet; thence South 00 degrees 18 minutes 00 seconds East along the East lot line of said Lot 1 31.06 feet to the point of beginning.
ALSO, that part of the Southeast Quarter of the Northwest Quarter of Section 9, Township 27 North, Range 3 West of the Second Principal Meridian in Liberty Township, White County, Indiana described by:
Beginning at the Southeast corner of Lot Number One in Wayside Lodge Subdivision; thence South 41 degrees 42 minutes 55 seconds East 28.16 feet; thence South 43 degrees 30 minutes 00 seconds West along a public road right-of-way 36.38 feet; thence North 56 degrees 30 minutes 00 seconds West 85.16 feet; thence South 89 degrees 42 minutes 00 seconds West along the South lot line of said Lot Number One 77.32 feet to the point of beginning, containing 0.054 of an Acre, more or less.

COMMON DESCRIPTION:  Property is located North of Norway Dam off of CR 350 North to Shore Acres Court.

(1) The variance request (is) (is not) a variance from a use district or classifications under are plan law.  Vote: 3 is not, 2 is.

(2) The granting of this variance (will) (will not) be injurious to the public health, safety, morals and welfare of the community.  Vote: 3 will not, 2 will.

(3) The use and value of the area adjacent to the property included in the variance request (will) (will not) be affected in a substantially adverse manner.  Vote 3 will, 2 will not.

(4) The strict application of the terms of the zoning ordinance is being applied to a situation that (is) (is not) common to other properties in the same zoning district.  Vote: 2 is, 3 is not.

(5) The strict application of the terms of the zoning ordinance (will) (will not) result in unusual and unnecessary hardship.  Vote: 2 will, 3 will not.

(6a) This situation (is) (is not) such that there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property that does not apply generally to other properties or class of uses in the same zoning district. Vote: 2 will, 3 will not.

(6b) this situation (is) (is not) such that such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same zoning district and in the vicinity. Vote: 2 will, 3 will not.

(6c) This situation (is) (is not) such that the authorizing of such variance will be of substantial detriment to adjacent property and will materially impair the purposes of the ordinance of the public interest. Vote: 2 will, 3 will not.

(6d) This situation (is) (is not) such that the Board specifically fins the condition or situation of the specific piece of property for which the variance is sought is of so typical or recurrent a nature as to make reasonably practicable the formulation of a general regulation, under an amendment of the ordinance, for such conditions or situations. Vote: 2 will, 3 will not.

The variance was denied based on the findings of fact by a vote of 2 for and 3 against.  A vote of 3 “for” is necessary to grant a variance.

Attorney Little stated, Mr. President I would report that the Board has denied the petition #2741 by a 3-2 vote.

Joe Hickman stated, I’ll withdraw the request on the second.

****

#2742     Pride Property, LLC; The property is located on Pt Lot 1 and Lot 2 in Wayside Lodge Subdivision, located North of Norway Dam off of CR 350 North to Shore Acres Court.  Tabled from July 29, 2008.

Violation:    None
Request:    They are requesting an 850 Sq. Ft. space variance and a 10’ width variance to separate lots.

Vice President Jerry Thompson stated, variance #2742 has been withdrawn.


****

#2743     Rodney W. & Gina M. Gaddis; The property is located on Tract 54, S S 28-28-03 .151 acres, located North of Lowes Bridge off of Lake Road 64 East at 5483 Albertson Court.

Violation:    None
Request:    They are requesting an 18’ rear setback variance and a 5’ west side setback variance to build a new home and attached garage.

Vice President Jerry Thompson asked, and sir you are?

Rodney Gaddis stated, Rodney W. Gaddis.

Vice President Jerry Thompson stated, you are Mr. Gaddis, okay.

Rodney Gaddis stated, um hum.

Vice President Jerry Thompson asked, do you have anything you’d like to add other than what I presented to the Board sir?

Rodney Gaddis stated, uh thank you Mr. President, I’d just like to say that what I’m proposing is to as you said to remove all the existing aged structures replacing with complete new, redeveloping the land a little more efficiently and still support the theme of the existing part and the structures around it which will give us, it’s going to be our principle residence, we will living there 100%.  I’m open for any kind of questions.

Vice President Jerry Thompson stated, okay, okay, sounds good.  Okay just a second to get caught here.  Diann do you have anything?

Director Weaver stated, no, I do not.

Vice President Jerry Thompson asked, this variance, do we have anything here that needs to be mentioned?  Okay that’s from him, okay what about this here from Patterson’s should that be entered?

Director Weaver stated, I think that’s a neighbor is what that is.

Rodney Gaddis stated, yes Terry Patterson.

Vice President Jerry Thompson stated, why don’t we?  Is he present?

Rodney Gaddis stated, no he’s not.

Vice President Jerry Thompson stated, okay Bob do you have that one.

Attorney Little, yes I do, there do appear to be a couple of letters.  This one is a letter, a brief letter addressed attention Members of the White County Area Plan Commission, Please be advised that I have reviewed the variance request for the proposed construction at 5483 Albertson Court.  The structure will allow more distance between my unit than there is with the existing structure.  The rear set back will be in line with my existing unit and will not interfere with the road usage at all.  Therefore I am giving my formal approval for the variance to be granted.  It’s signed by Terry Patterson indicating address of 5491 Albertson Court, dated July 12th.  There’s a second letter in here from Joyce McConkey.  Is she a neighbor as well?

Rodney Gaddis stated, yes sir on the other side.

Vice President Jerry Thompson stated, okay.

Attorney Little stated, and it’s also addressed to the members of the White County Area Plan Commission, after reviewing the variance request for the proposed construction at 5483 Albertson Court, I give my approval for the variance to be granted.  The structure will be farther from my property line than the existing structure is now.  The rear of the proposed structure will not cause any loss of use to the drive behind.  Also the rear of the unit will be in line with other units, and she gives her address as 5475 Albertson Court, Monticello, with a mailing address in Sycamore IL. And here name was Joyce McConkey also dated July 12, 2008.

Vice President Jerry Thompson stated, I have another one here from a Mark Klaczak.

Attorney Little stated, let me borrow yours I don’t see that in my file.  This one’s addressed to the Members of the White County Area Plan Commission, dated July 27, 2008.  I have reviewed the variance request for 5483 Albertson Court and as the President of Golden Beach Club, Inc. I give my formal approval for the variance.  The setback on both sides of the proposed new structure will allow more distance between neighboring units than there exists at this time.  The rear setback will not interfere with the road use at all and will be in line with adjacent units.  Mark Klaczak signed it and gives his address at 5443 E. 600 N. in Monticello and then gives a mailing address in Beecher, IL.  Then there’s one last letter from Rod Gaddis, is that who’s here?

Rod Gaddis stated, that’s me.

Vice President Jerry Thompson stated, yes that’s him.  I’m sorry.

Attorney Little asked, do we need to read that?

Vice President Jerry Thompson stated, no.

Attorney Little stated, all right.

Vice President Jerry Thompson stated, no, no.  My fault I didn’t look at the name on the bottom.  Okay, all right, we have all that.  Anyone here care to address the variance for or against?  Gerald Cartmell do you have anything for…

Gerald Cartmell stated, I’m looking at everything, go ahead on come back to me.

Vice President Jerry Thompson stated, okay, Charlie?

Charlie Mellon stated, I was out there and there’s not much room on the west side I guess 5’, you building a new house on the same footprint?

Rodney Gaddis stated, yes sir, the difference being if you were out there you see the tip out that was on the kitchen on the existing unit?

Charlie Mellon stated, yea.

Rodney Gaddis stated, the wall of the new unit will be, will be the same spot of long wall it will not be over where the tip out’s at.

Charlie Mellon asked, how about the hang over?

Rodney Gaddis stated, the hang over will still won’t be out as far as that is, it’s only 10”, 8” hang over.

Charlie Mellon stated, okay.  I noticed the hang over on the other one.

Rodney Gaddis stated, um hum.

Charlie Mellon stated, okay that’s all I had.

Vice President Jerry Thompson stated, okay Dave Scott?

Dave Scott stated, I got a little problem with the garage being to close off the road, it appears this road's a dead end.

Rodney Gaddis stated, all it is it just goes to 2 units on the west side and the east side it goes 2 more units that way, yes it’s just a, basically a private drive to 3 other houses.

Director Weaver stated, it’s a T, Dave.

Rodney Gaddis stated, yes.

Director Weaver stated, it T’s and he’s right at the T.

Rodney Gaddis stated, right at the T.

Dave Scott stated, oh okay.

Rodney Gaddis stated, yea.  It’s actually 2’ in off the pin which the road is probably another 2’ farther back then that but we’ve got to go technically with the pin.

Dave Scott asked, is this going to be a manufactured home you’re going to put in there or…

Rodney Gaddis stated, yes sir.  The garage will be carpenter built off the back of it.

Vice President Jerry Thompson asked, anything else Dave?  Shaker do you have any comments?

Shaker Hites stated, no, I don’t.

Vice President Jerry Thompson stated, okay, Gerald back to you.

Gerald Cartmell asked, you can’t center that anymore on the lot other than you are?

Rodney Gaddis asked, as far as which direction sir?

Gerald Cartmell stated, well to the right, to the east I guess.

Rodney Gaddis stated, if I do my proposal to do this uh, I have a 16’ gravel area there which is where the parking carport is now and with the parking a lot of these places as a premium that would give me availability to park 2 cars there with out interfering with any roads or anything what so ever.

Gerald Cartmell asked, if you did move it over?

Rodney Gaddis stated, if I moved it over it would take away all the extra parking I would have yes sir.

Gerald Cartmell stated, you’re definitely not going to park out front.

Rodney Gaddis stated, no sir or behind it.

Gerald Cartmell stated, okay that’s all I have.

Vice President Jerry Thompson asked, any other discussion?  Is the Board ready to vote?  Let’s vote.

Director Weaver asked, did you bring your sign back.

Rodney Gaddis stated, yes ma’am but I have it out in my vehicle so I’ll have to bring it to you.

Director Weaver 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 an 18’ rear setback variance and a 5’ west side setback variance to build a new home and an attached garage on That Part of the South Half of the South Half of Section 28, Township 28 North, Range 3 West, Liberty Township, White County, Indiana, more fully described by:

Commencing at the Southeast Corner of the Southeast Quarter of the Southwest Quarter of said Section 28; Thence North 01 Degree 45 Minutes 40 Seconds West a distance of 298.06 feet; Thence South 62 Degrees 00 Minutes 00 Seconds West a distance of 181.60 feet; Thence North 44 Degrees 27 Minutes 25 Seconds West a distance of 66.10 feet; Thence North 28 Degrees 00 Minutes 00 Seconds West a distance of 20.00 feet; Thence North 62 Degrees 00 Minutes 00 Seconds East a distance of 200.00 feet to the Point of Beginning; Thence North 28 Degrees 00 Minutes 00 Seconds West a distance of 132.63 feet; Thence North 63 Degrees 20 Minutes 32 Seconds East along the Northern Indiana Public Service Company Property Line a distance of 50.01 feet; Thence South 28 Degrees 00 Minutes 00 Seconds East a distance of 131.46 feet; Thence South 62 Degrees 00 Minutes 00 Seconds West a distance of 50.00 feet to the point of Beginning, containing 0.151 of an acre.

COMMON DESCRIPTION:  Property is located North of Lowes Bridge off of Lake Road 64 East at 5483 E. Albertson Court.

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

The variance was granted based on the findings of fact by a vote of 4 affirmative and 1 negative.

Attorney Little stated, the Board approved it by a vote of 4 to 1 petition #2743.

Vice President Jerry Thompson stated, thank you.

Rodney Gaddis stated, thank you very much.

****

#2744     Joseph J. & Karen M. Samas; The property is located on Lot 42 in the Isle of Homes, located North of Norway Dam off of Lake Road 10 E, in the Isle of Homes at 3159 Cardinal Drive.

Violation:    None
Request:    They are requesting an 8’ South side setback variance and an 8’ North side setback variance to add a second story onto the existing home.

Vice President Jerry Thompson asked, and sir you are?

Perry McWilliams stated, I’m Perry McWilliams.

Vice President Jerry Thompson asked, and are you the contractor?

Perry McWilliams stated, yes, yea.

Vice President Jerry Thompson stated, I thought so but yet, do we have something that says that he can speak for them?

Director Weaver stated, yes and you have a copy of it attached to your staff report.

Vice President Jerry Thompson stated, okay I didn’t look that far, okay.  All right, go ahead, sorry for that but I…

Perry McWilliams stated, guys all we’re going to do here is from the footprint that you see, the original house that’s there we’re going straight up with a second story.  The house currently has 2’ overhangs on it so we’re actually going to be narrowing the second story because we’re not going to have these wide overhangs on there.  We’ll end up reducing that so, by a foot and so at least we’re going to be coming in a little bit as far as the vertically and the side setbacks will be improving what’s there right now.  The carport that remains where it’s at more or less, we’ll probably rebuild that roof system on that but the house itself is going straight up.

Vice President Jerry Thompson stated, okay.

Perry McWilliams stated, and actually Jerry we’re also going to do a screened in porch which I won’t have to get a variance for it’s in the center of the structure in the back so but I’m telling you that’s what I’m going to be doing with this project so…

Vice President Jerry Thompson stated, okay, okay.

Perry McWilliams stated, not tearing it down, I’m not tearing it down.  I want you guys to know I’m not doing that.  We are going to use this foundation so…

Vice President Jerry Thompson stated, okay.

Charlie Mellon stated, nice looking so now, I about got lost finding it.

Perry McWilliams stated, it’s a very nice house, these people bought it I think 4 years ago I’d say and totally, it’s a real nice house but not enough bedrooms.

Gerald Cartmell asked, do you have a monopoly back there?

Perry McWilliams stated, no, no.

Gerald Cartmell stated, I’m looking for this sign and all I see is McWilliams Construction, what’s going on here.

Perry McWilliams stated, yea, I know, I know.

Director Weaver stated, I noticed that to.

Perry McWilliams stated, I know.

Charlie Mellon asked, Keesling’s house?

Gerald Cartmell stated, nobody’s going to build Keesling’s right now.

Vice President Jerry Thompson asked, Diann do you have anything?

Director Weaver stated, no, I don’t.

Vice President Jerry Thompson asked, anyone here care to speak for or against?  Mr. Hites, you have anything?

Shaker Hites stated, I don’t.

Vice President Jerry Thompson asked, okay, Dave Scott?

Dave Scott stated, no.

Vice President Jerry Thompson asked, Charlie?

Charlie Mellon stated, no.

Vice President Jerry Thompson asked, and Gerald?

Gerald Cartmell asked, you say it’s going to be less overhang, right?

Perry McWilliams stated, it really is because it’s on 2’ right now and we’re only going to have a foot up above there.

Dave Scott asked, the house that’s on the survey shows the overhangs?

Perry McWilliams stated, yes, yes.

Vice President Jerry Thompson stated, let’s vote.

Director Weaver asked, did you bring your sign back?

Perry McWilliams stated, no, I didn’t, I never remember to do that.  I’ll bring it in tomorrow.

Director Weaver stated, that’s fine.

The Board finds the following:

1.    That the property is properly zoned L-1, Lake District

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

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

4.    That no objectors were present at the meeting.

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

6.    That the request is for an 8’ south side setback variance and an 8’ north side setback variance to add a second story onto the existing home on Lot Number Forty-Two (42) in the Isle of Homes, a subdivision situated in Sections 8, 9, and 16, Township 27 North, Range 3 West in Union Township and Liberty Township, White County, Indiana.

COMMON DESCRIPTION:  Property is located North of Norway Dam off of Lake Road 10 E, in the Isle of Homes at 3159 N. Cardinal Drive.

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

The variance was granted based on the findings of fact by a vote of 5 affirmative and 0 negative.

Attorney Little stated, let me correct myself here, Mr. Vice President I’m happy to report that the Board has approved petition #2744 unanimously.

Vice President Jerry Thompson stated, thank you.

Perry McWilliams stated, thanks guys I sure appreciate it.

****

#2746     Donna J. Dallinger; The property is located on 1 Acre Out NW cor NE NE 30-27-03, located West of Monticello off of County Road 100 N. at 3804 E. 100 N.

Violation:    None
Request:    She is requesting an 11’ front setback variance and an 83’ rear setback variance to build a room addition onto the existing home.

Vice President Jerry Thompson asked, is anyone here representing the Dallinger’s?

Gerald Cartmell asked, Perry you want to take that one over.

Vice President Jerry Thompson stated, and there isn’t.

Perry McWilliams asked, you know where they at?  I thought, I saw Bob Wrede here, I thought he was going to be…

Gerald Cartmell stated, it’s supposed to be Criswell.

Perry McWilliams stated, oh Vernie is, oh.

Vice President Jerry Thompson stated, I knew most of that was the Parrish’s back there but I thought I’ve made assumptions before and was wrong so.

Perry McWilliams asked, was Vernie supposed to represent them?

A member from the audience stated, I guess I can do it.

Vice President Jerry Thompson stated, anyway with no representation this will be tabled.

Director Weaver stated, tabled until September 18th.

Vice President Jerry Thompson stated, okay.

Director Weaver stated, wow that was easy.

Vice President Jerry Thompson asked, okay, any other business Diann to be brought before the Board?

Director Weaver stated, no I was just going to mention that for those of you that didn’t all ready have your new ordinance, you’ve got your new ordinance laying there.

Vice President Jerry Thompson asked, that is our personal copy?

Director Weaver stated, that is your personal copy. 

Vice President Jerry Thompson stated, okay.

Director Weaver stated, Shaker we have provide you in the blue, the blue hard copy, nope the other one.  The binder is the new zoning ordinance. 

Shaker Hites stated, okay.

Director Weaver stated, we have provided you a copy of the old zoning ordinance and subdivision ordinance.  The blue book that you raised up is the Indiana Codes.

Shaker Hites stated, okay.

Director Weaver stated, for Area Plan and Dave Stimmel requested that the other information that we’ve got there for you the little booklet like be provide to you also.  The other members all ready have a copy of that so.  Um, there are a couple of areas that I think maybe we’re all ready starting to see some problems with this new ordinance so we might be addressing those in the near future.  One would be the front setback for ag buildings, the other one I think that’s going to be a problem is that’s unroofed decks, I think they’re going to be a problem, so…

Dave Scott asked, what’s going to be the problem?  What’s wrong with it?

Director Weaver stated, we changed the front setback in the ag zoning from 60’ to 75, I don’t really remember the reasoning for that but we did it.

Gerald Cartmell stated, I remember talking about it but I don’t remember why now.

Director Weaver stated, I don’t either and then on decks previously they had um, if they were unroofed it could go as close as 4’ to any of the property lines um but now they are specifically addressed so they have to either meet the setback for an accessory structure or primary structure.

Dave Scott stated, and if they’re hooked to the house they then have to meet the setback to the primary structure?

Director Weaver stated, right, but that’s not the way they were handled in the old ordinance so I think we might have to look at those.  Those might become a problem so.

Charlie Mellon stated, the City Monday night went ahead and approved it.

Director Weaver stated, right, it’s only effective right now in the county and in the City of Monticello.  As far as I know nobody else has approved it.

Dave Scott stated, our guys signed ours Tuesday night.

Director Weaver stated, they did.

Dave Scott stated, I don’t think, maybe I was supposed to bring it and I didn’t, like the other letter I didn’t bring.

Director Weaver asked, was it effective immediately?

Dave Scott stated, yes, well whatever, they just signed whatever you sent them.

Director Weaver stated, well there was an effective date on it.

Dave Scott stated, oh okay.

Director Weaver asked, can you have Michelle give me a call in the morning?

Dave Scott stated, if you don’t hear from her call her.

Director Weaver stated, I’ll call her.  That’s really all I have.

Vice President Jerry Thompson stated, okay now I got the letter, September 3rd.

Director Weaver stated, September 4th.

Vice President Jerry Thompson stated, 4th is our next meeting.

Director Weaver stated, the meeting that we were supposed to have next week has been postponed to September 4th, the Herald Journal did not, they over looked our ads.

Vice President Jerry Thompson stated, I know I got the letter but…

Director Weaver stated, they didn’t get the ads in the paper in time so we could not have it next week.

Vice President Jerry Thompson stated, okay.

Director Weaver stated, Shaker we will still need you at that next meeting.

Shaker Hites stated, okay.

Director Weaver stated, I’ve talked to Dave Stimmel yesterday and he will not be back until our regular September meeting.

Vice President Jerry Thompson asked, what about Bob is he going to be needed?  Don’t know yet?

Director Weaver stated, not as far as I’m aware but I don’t always know this far in advance.

Shaker Hites asked, so when Dave’s coming I don’t need to come, is that correct?

Director Weaver stated, not unless you choose to, you know you don’t have to, you cannot, we can’t have you both voting.  We can only have one or the other.

Charlie Mellon stated, next summer we’ll need you.

Shaker Hites stated, might learn a lot.

Charlie Mellon stated, about 6 or 8 meetings.

Vice President Jerry Thompson asked, but he can’t fill in for me can he?

Director Weaver stated, he can only fill in for Dave Stimmel.

Vice President Jerry Thompson stated, or anybody else, I guess is what I’m saying.

Board Members stated, no.

Gerald Cartmell stated, to bad he can’t be at large.

Director Weaver stated, I know.

Gerald Cartmell stated, maybe we need to talk to the Commissioners about that.

Vice President Jerry Thompson stated, probably tired of seeing us.

Director Weaver stated, I think it’s state law, we will go ahead and provide you a copy of the packet each time that way if Dave can’t make it at last minute then you will have the information.

Shaker Hites asked, either Dave?

Director Weaver stated, no, just Dave Stimmel.

Gerald Cartmell stated, I tried.

Director Weaver stated, just Dave Stimmel.

Gerald Cartmell stated, I tried to get you some work here.

Director Weaver stated, but we will keep you informed so.

Vice President Jerry Thompson asked, do you have anything?  You’re welcome to speak if you do have something.

A member from the audience stated, we just want to speak with Bob when he’s done.

Vice President Jerry Thompson stated, oh I’m sorry, that’s fine, that’s fine, and if there’s nothing else…

Gerald Cartmell stated, oh there is.

Vice President Jerry Thompson stated, there is.

Gerald Cartmell stated, we need to talk about our attorney.

Vice President Jerry Thompson stated, well do we want to do that…

Gerald Cartmell stated, well…

Vice President Jerry Thompson stated, no.

Gerald Cartmell asked, will it be on the record or not.

Charlie Mellon stated, shut it off.

Vice President Jerry Thompson stated, I don’t think we need to, myself do we?

****

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.”

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