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BZA MEETING MINUTES THURSDAY SEPTEMBER 16, 2010

 The White County Board of Zoning Appeals met on Thursday, September 16, 2010 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

 Members attending were:  David Scott, Charles Mellon, and David Hall.  Absent:  Gerald Cartmell and Carl Hites.  Also attending were Attorney Ben Diener, Director Joseph Rogers and Secretary Gayle Rogers.

 Visitors attending were:  Kay B. Hall, Jonathan Gutwein and Brad Gutwein

 The meeting was called to order by Vice Chairman David Scott.  Dave Hall motioned and Charlie Mellon seconded to accept the minutes of July 15, 2010 as written.  The motion passed with a 3 – 0 vote. 

#2845  Gutwein Motor Co, Inc; All of Lot Thirty-six (36) and forty-three (43) feet of the entire South side of Lot Thirty-four (34).  Also seventeen (17) feet off the North side of Lot Number Thirty-four (34) and twenty-three (23) feet off the

South side of Lot Number Thirty-two (32), all on Market Street in the original plat of the town of New Bedford, now Monon, White County, Indiana; more commonly known as 300 N. Market St.
  Violation:  None
 Request:  The applicant requests a 0’ rear setback to expand their parts dept.  The required setback in the B-2 (General Business) zoning district is 30’.

#2846  Gutwein Motor Co, Inc;  Lot Number Thirty-five (35)  and Thirty-six (36) feet off the South end of Lot Number Thirty-three (33) on Arch Street, in the Original Plat of the Town of Monon, Indiana; more commonly known as 301 N Arch

St.
 Violation:  None
Request:  The applicant requests a 0’ front setback on the west and a 4’ north side setback.  The required setback in the B-2 (General Business) zoning district is 30’ front and 10’ side.

Director Rogers explained that in researching the property, the Area Plan office discovered the survey for a previous variance (#2254)on the same parcel did not match the present survey for the parcel.  Both surveys were completed by the

same surveyor.  The newer survey shows an encroachment in the Town of Monon’s road right-of-way.  Mr. Gutwein applied to the Town of Monon for a consent to encroach.  The Town requested a third survey, prepared by a different

surveyor, to determine the property line.  Joe stated the new survey will also be utilized by Area Plan.  Mr. Gutwein had the new survey with him.  Mr. Rogers explained that since there were only three board members present, Mr. Gutwein

would need all three positive votes for the variance requests to be granted.  He further stated that the applicant may request the variance be tabled until such time that a full board would be available.  Mr. Gutwein explained that time is of

the essence as the EPA requires his new paint line be completed by than January 11, 2011.  Dave Hall moved that the board meet in Special Session at the first available date that all members could be present to hear the request.  Charlie

Mellon seconded.  The motion carried with a 3 – 0 vote.  The Area Plan office will call the board members and determine a date for the upcoming meeting.  September 30, 2010 will be the first available target date.
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As there was no further business, the meeting adjourned at 7:45 pm.

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Respectfully submitted,

________________________________________
Gayle E. Rogers, Secretary
Area Board of Zoning Appeals

________________________________________
Joseph W. Rogers, Director
White County Area Plan Commission

Document Prepared By: Gayle E. Rogers, WCAP  “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.”____________________________