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BZA MEETING MINUTES THURSDAY MARCH 17, 2011
The White County Area Board of Zoning Appeals met on Thursday, March 17, 2011 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.
Members attending were: Gerald Cartmell, Carl Hites, David Hall, Richard Holmes, Dave Rosenbarger. Absent: None. Also attending were Attorney Ben Diener, Director Joseph Rogers and Secretary Gayle Rogers.
Visitors attending were: Brian Cross, Civil site Group Inc; Brad Hartz, Veolia ES; Randy P. Scott; Kevin Roberts
The meeting was called to order by Chairman Gerald Cartmell. First on the Agenda was Reorganization. Dave Hall motioned and Dave Rosenbarger seconded to re-elect Gerald Cartmell as Chairman; Gerald Cartmell moved and Dave Rosenbarger seconded to elect Shaker Hites as Vice Chairman; Richard Holmes motioned and Dave Rosenbarger seconded to re-elect Gayle Rogers as Secretary. All motions passed unanimously. Dave Hall motioned to accept the minutes of September 16, 2010, September 30, 2010 and February 17, 2011 as written. The motion passed unanimously. Dave Hall motioned and Gerald Cartmell seconded to accept the 2011 meeting schedule as proposed with the exception of the meeting time being moved from 7:30 pm to 7:00 pm. The motion passed with a 4 – 1 vote.
#2849 Randy P & Susan M Scott;
That part of the Northwest Quarter of the Southeast Quarter of Section 15, Township 28 North, Range 3 West of the Second Principal Meridian in Liberty Township; White County, Indiana; containing 13.500 acres, more or less; more commonly known as 8343 N State Road 39, Monticello.
Violation: None
Request: Special Exception Use for a gun sales/gun smith operation.
Director Rogers showed photos of the property and described the request. Randy
Scott was present to represent the request. He explained he mainly wants to do repair work to keep firearms safe. He has a target range he utilizes for personal use. Shaker Hites motioned and Dave Rosenbarger seconded to limit the Special Exception Use to the current ownership of the property. The motion passed unanimously. It was moved by Shaker Hites and seconded that the target range be restricted to personal use only. The motion passed unanimously. Dave Hall motioned and Dave Rosenbarger seconded to vote on the request. Result: 5 votes cast; 4 grant; 1 deny
Findings of Fact
1 Appendix A of the Zoning Ordinance does authorize the special exception for this use in this zoning district. 5-0
2 The requirements and development standards for the requested use as prescribed by the Zoning Ordinance will be met. 5-0
3 Granting the special exception will not subvert the general purposes served by the Ordinance. 5-0
4 Granting the special exception will not permanently injure other property or uses in the same district because of:
a. Traffic generation. 5-0
b. Noise production. 5-0; Private range "personal" dawn to dusk
c. Becoming hazardous or disturbing to neighboring uses. 4-1
d. Destruction, loss, or damage of a natural, scenic, or historic feature of major importance. 5-0
e. Becoming detrimental to the economic welfare of the community. 5-0
The Special Exception Use is Subject to the Following Conditions:
1. the Special Exception Use is limited to current ownership of the property
2. the target range is restricted to personal use only (non-commercial)
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#2850 Veolia ES Solid Waste Midwest, LLC;
A tract of land out of the Northwest Quarter of the Northwest Quarter of Section 31, Township 27 North, Range 3 West in Union Township, White County, Indiana, containing 7.37 Acres, more or less; more commonly known as 69 S 300E, Monticello.
Violation: Yes; Use violation
Request:
Special Exception Use for renewal for a solid waste transfer facility.
Director Rogers explained that Veolia is expanding their business to two new lots
to the south of their current operation. They will be adding a scale, changing their access
point to County Road 300 E rather than routing all traffic through Division Road, and
taking out some trees along the adjoining property line to access their transfer facility.
Joe discovered a violation when taking photos for the staff report. He immediately
contacted Veolia regarding the matter. They are currently using the new lots for storage
of waste containers and trucks which violates the Zoning Ordinance. If the Special
Exception Use is granted, the violation ceases to exist. Joe also informed the board that it
is the desire of the White County Commissioners that the board place the condition of
requiring Veolia to enter into a contract with the county for a tipping fee prior to a
Special Exception Use Permit being issued. Shaker Hites motioned and Dave
Rosenbarger seconded to consider the request without regards to tipping fees. The
motion passed unanimously. Brian Cross represented Veolia along with Brad Hartz.
They aptly answered any questions the board had. Richard Holmes motioned and Dave
Rosenbarger seconded to waive any fines regarding the violation. The motion passed
unanimously. Dave Rosenbarger moved and Richard Holmes seconded to vote on the
request. Result: 5 votes cast; 5 grant; 0 deny
 
Findings of Fact
1. Appendix A of the Zoning Ordinance does authorize the special exception for this use in this zoning district. 5-0
2. The requirements and development standards for the requested use as prescribed by the Zoning Ordinance will be met. 5-0
3. Granting the special exception will not subvert the general purposes served by the Ordinance. 5-0
4. Granting the special exception will not permanently injure other property or uses in the same district because of:
a. Traffic generation. 5-0
b. Noise production. 5-0
c. Becoming hazardous or disturbing to neighboring uses. 5-0
d. Destruction, loss, or damage of a natural, scenic, or historic feature of major importance. 5-0
e. Becoming detrimental to the economic welfare of the community. 5-0
 
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#2851 Kevin J. Roberts;
That part of the Southwest Quarter of Section 35, Township 27 North, Range 4 West, Honey Creek Township, White County, Indiana, containing 9.837 acres; more commonly known as 1155 E 100 S, Reynolds
Violation: None
 
Request:
Special Exception Use for a gun sales/gun smith business.
Director Rogers explained the request. The applicant is in the proper zoning. There have been no complaints received by the Area Plan office. Kevin Roberts stated he predicts his business will be 90% internet sales. A motion was made and seconded to restrict the target range to personal use only. The motion passed unanimously. Shaker Hites motioned to place the condition to limit the Special Exception to the current ownership of the property. Dave Rosenbarger seconded. The motion passed unanimously. Dave Rosenbarger motioned and Shaker Hites seconded to vote on the request. Result: 5 votes cast; 3 grant; 2 deny
 
Findings of Fact
1. Appendix A of the Zoning Ordinance does authorize the special exception for this use in this zoning district. 5-0
2. The requirements and development standards for the requested use as prescribed by the Zoning Ordinance will be met. 5-0
3. Granting the special exception will not subvert the general purposes served by the Ordinance. 4-1; Will opening business growth possible. He is wanting a drive in use which I feel not useful.
4. Granting the special exception will not permanently injure other property or uses in the same district because of:
a. Traffic generation. 3-2; Internet sales; Possible future and having close neighbors none of which have wrote in their approval.
b. Noise production. 4-1; If shooting range personal only & dawn to dusk; from guns
c. Becoming hazardous or disturbing to neighboring uses. 3-2; Noise, fire arms & shooting too close to neighbors
d. Destruction, loss, or damage of a natural, scenic, or historic feature of major importance. 5-0
e. Becoming detrimental to the economic welfare of the community. 5-0
The Special Exception Use is Subject to the Following Conditions:
1. the Special Exception Use is limited to current ownership of the property
3. the target range is restricted to personal use only (non-commercial)
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Attorney Diener pointed out that the ballot used on Variance #2849 was an incorrect ballot. He asked for a motion to vote again using the correct ballot. Dave Rosenbarger moved to recast the vote for #2849. Richard Holmes seconded. The motion passed unanimously. Attorney Diener then asked for a motion stating the second ballot to become the ballot of record. It was so moved by Richard Holmes and seconded by Shaker Hites. The motion passed unanimously.
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As there was no further business, the meeting adjourned at 9:20 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."____________________________