MINUTES
Regular meeting to held
in the Commissioners Meeting Room,
Third Floor, Courthouse,
MEMBERS PRESENT: Larry Willis
Chairman, Duane Erwin, William McCune, Don Mottley, John Peninger, and Dennis
Taylor
Also present were: Sherri Phillips,
Executive Director, Leslie Shively, Attorney; Sheila Lacer and Julie Hemmings,
Staff.
MEMBERS ABSENT: Richard Medcalf
MINUTES:
A
motion was made by John Peninger to table the minutes of the last regular
meeting of the Area Board of Zoning Appeals held
The Chairman explained the Rules of Procedures to
the audience.
CONDITIONAL
USES:
BZA-CU-04-08 – Applicants & Owners: Paul V.
Miller
Premises – Property located on E side of Main
St., a distance of 0 feet N.E. of the corner formed by the intersection of Main
St. and First St. Part of lot 8 in the Town of Lynnville.
Nature
of Case – Applicant requests a Conditional Use approval to allow the
location of a Mobile Home for a residence in a C-4 General Commercial Zoning
District. Advertised in the Boonville Standard
Dennis
Taylor asked to be excused from the meeting do to conflict of interest.
Mr.
Miller was present.
Mr. Willis asked for Executive Director’s staff report.
Ms. Phillips stated that we have all return receipts from certified
mail to adjacent property owners. She stated that the applicant requests a
Conditional Use approval to allow the location of a Mobile Home for a residence
in a C-4 General Commercial Zoning District. She stated plot plan shows the
location of an existing wrecker business and the proposed location of the Mobile
Home. She stated the surrounding property is zoned “C-4” General Commercial,
with residences and business and there is no flood plain located on the
property, and the application is in order.
Mr.
Willis asked if Mr. Miller would like to add anything to Executive Director’s
report.
Mr.
Miller stated he does a wrecker business and it would be close to him there. He
stated he has the old building, and it’s short and make’s a little house. He
stated he had a chance to get a mobile home and it would be close and he thinks
it would help the property, on the side and everything. He stated he is in the
wrecker business and if someone has a wreck and the police send him out to get
them he has to pull them in. He stated he has an abandoned bus there now and maybe
it doesn’t look real good right now to some of the neighbors but he just can’t
say what kind of car he wants it on his place because he is in the wrecker
business. He added the trailer will set in behind the building and look nice
there and he doesn’t see a problem.
Mr. Willis asked if the Board Members had any questions.
Mr.
Willis asked Mr. Miller if the property was zoned “C-4” right now, and if he
was running a wrecker business and storing automobiles that are pulled off the
public highways.
Mr.
Miller stated yes.
Mr.
Willis asked how long the automobiles are stored there.
Mr.
Miller stated that some of them set there 2 or 3 days and some set there a
month. Mr. Miller stated that he pulled a Dodge and he’s had it for about a
year because Old National Bank had it tided up and wouldn’t give him the title
He stated the owner was suppose to have had insurance and found out he didn’t
have insurance so the bank said they would take the truck and then bank came
and looked at the truck and said no they can’t take the truck.
Mr.
Willis asked how long was it there and how long do
most automobiles set there.
Mr.
Miller most of them don’t set there after a wreck but some of them set there a
month, or whenever the insurance collects. He stated he has have pulled
vehicles in one day and have pulled them out the next day.
Mr.
Willis asked Mr. Miller if he felt like he was in compliance with the
Mr.
Miller stated that he feels he is in compliance.
Mr.
Willis asked Mr. Miller how tall his fence is.
Mr.
Miller stated that the fence was about 10 foot or something like that.
Mr.
Willis asked Mr. Miller if people could see in through the fence.
Mr.
Miller stated yes.
Mr.
Willis asked if the fence was site screened.
Mr.
Miller stated no, its not site screened, it is chain linked.
Ms.
Phillips stated that it is suppose to be enclosed in a solid fence, and
everything is to be inside that fence, not setting out.
Mr.
Miller stated that it’s on his property. Mr. Miller gave an example of a woman
that came in and said she was broke down and he pulled her car in for her and
she had no money and was from Robinson IL. He stated she asked him to hold her
car for her and he has called and called her to come
pick her car up but she hasn’t.
Mr.
Willis stated that he understands that everybody has circumstances.
Mr.
McCune stated they were not talking about Mr. Miller doing the wrong thing, they are just talking about the fence itself and
added he was going to have to get the fence up.
Mr.
Miller stated that if he has to have a fence there would be a fence put up. He
stated the trailer will block the whole south side and he just has neighbors on
the right.
Mr.
Willis explained that part of the Board’s responsibility is before we can make
a good determination they have to be sure he is in compliance with our County’s
ordinances now.
Mr.
Miller stated he is.
Discussion
ensued regarding the fence.
Mr.
Miller stated that if he has to get an enclosed fence he would, that nobody had
ever question it before and when he gets the trailer in all he will have is two
sides to cover.
Mr.
McCune stated as far as the trailer goes there’s not a problem.
Ms.
Phillips asked Mr. Miller how long had the business been there.
Mr.
Miller stated that he has owned the business twice and the building is probably
50 years old.
Mr.
Willis asked Mr. Miller how long had he had this
business this last time.
Mr.
Miller stated probably 8 years.
Mr.
Willis asked if they have been living in the existing building.
Mr.
Miller stated that yes they have lived in the existing building.
Mr.
Willis asked if they where planning on living in the building after the mobile
home is brought in.
Mr.
Miller stated no, he can open it up and have more room.
Ms.
Phillips stated that in the zoning ordinance it states any open storage of
material and equipment shall be permitted only in conjunction with the use of
the building located on the same lot and provided that the storage area is
completely enclosed by a solid wall with necessary openings not less than 6
feet in height so he needs a solid fence not a chain link fence unless it has a
panel wave, or solid wood fence something that people don’t see all the things
setting behind there.
Discussion
ensued regarding the fence.
Mr.
Willis asked if any of the Board Members had any questions.
Mr.
Peninger asked if Mr. Miller had a driveway entrance to the trailer.
Mr.
Miller stated not really I have the whole opening in front of the building and
I have plenty of parking in front.
Mr.
Willis asked Mr. Peninger if Mr. Miller had answered his question.
Mr.
Peninger asked Mr. Miller if he enters from
Mr.
Miller stated yes, I’m facing
Mr.
Peninger asked Mr. Miller if he would be entering from any other part of his property.
Mr.
Miller stated no, that he has a gate on the north side.
Mr.
Willis asked if the Board Members had any more questions.
Mr.
Willis asked if there were any remonstrators.
Cathy
Emerson stated that its not that she is opposed but she does want a say in this
matter. She stated if Mr. Miller puts up
the privacy fence then that would be fine with us, but we can see his property
from the deck when we sit on the swing and from the back door. She stated she
doesn’t oppose the trailer but she wants to know if it is a nice trailer and its not run down or anything. She stated her property is
attached to Mr. Millers. She stated they can see his property from 5 different
locations, and if Mr. Miller is going to have to put up a privacy fence that
would be fine or and a fence you can’t see through. She stated she has pictures
for you to look at.
Mr.
Willis stated to Mrs. Emerson that if she passes out the pictures they become
property of the Board.
Mrs.
Emerson stated that was fine. She just wants to show that they can see his
property from different locations. Mrs. Emerson said they have talked about
selling their house but the realtor said that due to the surrounding area, the
property value is down a little bit. She stated they just want to make sure the
trailer isn’t old and that there will be some kind privacy fence up since it
just chain linked now.
Ms.
Phillips clarified Mrs. Emerson is saying that if it’s well kept and a solid
fence of some type is put up and it’s a nice mobile home she is not saying it
has to brand new.
Mrs.
Emerson stated that they are not saying a brand new trailer; just not one
that’s falling apart and we don’t have any problems with Mr. Miller either.
Ms.
Phillips stated that normally one of the conditions is put an approval of this
type is that the property must be properly maintained at all times or if they
come in violation with those condition the mobile home application is revoked
if they don’t keep it up.
Mrs.
Emerson stated that Mr. Miller has had a wooden fence up before and it had
fallen down and he put chain linked up, so its not
like he didn’t have some kind of privacy up at one time.
Mr.
Willis asked if there were any other speakers.
Mr.
Willis asked Mr. Miller if he would like to address any of Mrs. Emerson concerns.
Mr.
Miller stated that he didn’t know till right now about his fence. Mr. Miller
stated that when he moves the trailer in it going to be 10’ from that whole
south side and it’s going to look nice, and the trailer isn’t a piece of junk.
Mr. Miller stated that with the fence, he will do what ever he has to do.
Mr.
Willis stated that he would entertain a motion.
William
Mc. Cune make a motion to approve BZA-CU-04-08, and
the application be approved in accordance to the application on file subject to
the following conditions:
The motion was seconded by Duane Erwin and unanimously carried.
Mr. Taylor returned to the meeting.
BZA-V-04-06 – Applicants & Owners: Ronald W.
& Janet McGillem
Premises – Property located on the N side of
Fisherville Rd approximately 1050’ E of the intersection formed by Fisherville
Rd (N 350) and Zoar Church Rd. (W 1050) Campbell Twp. Lt 4 Greenfield Sub.
Nature of Case – Applicants request a Variance from
the requirements as set forth in the Comprehensive Zoning Ordinance in effect
for
Present
was Ronald and Janet Mc.Gillem
Mr.
Willis asked for the Executive Director’s staff report
Ms. Phillips stated they have all return receipts from certified mail
of notice of this meeting. She stated this application was continued last month
in order for application to be re-advertised and the office to send out notices
since the first application was in error in that it read like they hadn’t
constructed the accessory building and never wanted to construct their
residence. She stated the property is lot 4 in Greenfield Subdivision and is
approximately 2.510 acres zoned Agriculture; with the surrounding property
being zoned the same. She stated there is a garage to the East and the rest of the
surrounding property is vacant. Ms. Phillips explained the ordinance allows
that you must build a residence within 2 years on property over 2 ½ acres and
zoned “A” or “Con”, unlike in residential zoned where you must build residence
first. She stated the applicant states on application, “Due to health reasons
and insufficient income and assets we are unable to build.” And the applicants
have indicated they are trying to sell the property and if a Variance isn’t
approved they will have to take more of a loss and tear down the building. She
stated in the past the Board has put limitation on how long someone has to
build a residence, should the Board approve the application, and the
application is in order.
Mr. Willis asked Mr. And Mrs. Mc.Gillem if
they had anything to add to the staff report.
Mr.
Willis asked if the Board Members had any questions.
Mr.
Mottley asked Mr. & Mrs. Mc.Gillem if they were
trying to sell their horses.
Mr.
Mc.Gillem stated yes.
Mr.
Willis asked if there was any remonstrator’s.
John
Dill
Mr.
Willis stated that this is their first time asking for extension.
Mr.
Dill stated that the only problem he has with this is that if they had intended
to build they wouldn’t have put their barn in the front of the property the way
they have and that’s why, I hate to be a butt head of the bunch, but I have my
life savings invested in this house. He added they are building some really
fine homes and this is the third time I have been to these meetings and I have
heard someone ask for an extension because of such of such and I feel sorry for
them; but I have to look out for my welfare and I’m going to oppose this for a
sure fact, I don’t think they ever intended to build a house to start with.
Ms.
Philips stated that their plot plan shows that the existing pole barn is 350
feet back off the road and behind the approved septic site.
Mr.
Dill asked her to repeat her reply.
Ms.
Phillips stated the building is supposed to be 350 feet back from
Mr.
Dill stated that Ms. Phillips needs to go look at the barn because he thinks its only setting 100 feet from the road.
Ms.
Phillips stated that is what the drawing shows.
Mrs.
Mc.Gillem stated she doesn’t know for sure how far
back the building is.
Mr.
Willis asked if anybody else would like to speak.
Ken
Carney stated I just purchased lot 38 and asked if the Mc.Gillems
had just purchased some other land in
Mr.
Willis asked if there were any other questions.
Mr.
Willis asked Mr. & Mrs. Mc.Gillem if they would
like to rebutt what the remonstrator’s have said.
Mrs.
Mc.Gillem stated they have not purchased any other property
since 1985.
Mr.
Willis ask if the plot plan they have in front of them
is actuate or not.
Mrs.
Mc.Gillem stated that they really don’t know if the plot plan is accurate but
they are planning on tearing the barn down, and the horses are gone. She stated
it made her so sad that when somebody doesn’t have the money and then they say
you have to build and when you have health reasons and for somebody to get up
like that, it just really hurts her. She stated they have the property for sell
and all but one horse is gone. She stated they will probably tear the building
down just to please everybody and that’s not right that we have to do that.
Mr.
Willis asked if they were going to take the building down.
Mrs.
Mc.Gillem stated that she imagines they will.
Mr.
Willis asked even if we give you the extension will they still take the
building down.
Mr.
Mc.Gillem stated that they have the property up for
sale.
Mrs.
Mc.Gillem stated that they have their property up for
sale and they were just going to work with the people that want to buy it. She
stated if it doesn’t sell we’d have to take the building down. But they were
waiting on the buyers to see what they went.
Mr.
Willis asked if this building was a portable building.
Mr.
Mc.Gillem stated that it’s a pole barn but the poles
can be cut off and the building can be moved.
Board
Member asked if they have a buyer at this time.
Mr.
Mc.Gillem stated we had it up for sale with a realtor
and the time is up and we are going to try on our own.
Mr.
Willis state to answer your question no they don’t have active buyer at this
time.
Mr.
Willis stated that the variance means a relief, which is when some peculiar
circumstance to the size or shape of the parcel of land and the provision of
ordinance would impair the owner’s right to some reasonable use of the
property. He stated he thinks this hardship maybe self imposed that it’s not
peculiar to the land.
Mr.
Willis asked if there were any other questions from the Board Members.
Mr.
Peninger asked how long had they had the land.
Mrs.
Mc.Gillem stated two years.
Mr.
Peninger stated that they are closing in on their two years to build a house.
Mr.
Willis asked if there were any more questions from Board Members.
Mr.
Peninger stated that Mr. & Mrs. McGillem don’t know
when they can build.
Mrs.
Mc.Gillem stated no.
Mr.
Peninger asked that even with the extension you might never build.
Mrs.
Mc.Gillem stated that if their finance’s weren’t what
they were suppose to be at the time yes.
Mr.
Peninger stated so as in the future you’re looking at selling the property.
Mrs.
Mc.Gillem stated yes.
Mr.
Peninger asked if that was their main concern right now.
Mr.
And Mrs. Mc.Gillem stated yes and were taking a loss.
Mr.
Peninger asked if it really mattered if they got the variance or not, since
they were going to sell.
Mrs.
Mc.Gillem stated that the building would still be
there.
Discussion
ensued regarding the building.
Mr.
Shively stated that if the variance is turned down in theory then you would
have to remove the structure, realistically and I can’t speak for this body and
the Plan Commission but my observation of this body is the fact that’s not
something you would be requested to do tomorrow. I suspect they would give you
a reasonable time to do that and it would not affect your ability to market the
property because anybody that would have bought the property would have to
apply for their own improvement location permit so I don’t know if the variance
is really necessary. They don’t intend to build there they need the extension
to give them time to sell and that person would have to apply for a variance.
Ms.
Phillips stated I think variances is granted for a hardship and I get from you
is that you intended to build a house there you didn’t buy this property to
just put up a storage building and put a horse there and you came across an
illness. She stated a difficulty is a hardship and so your
not able to build so your just requesting for them to give you more time to
sell it to someone else to build a residence there.
Mr.
Shively stated that assuming you’re inclined to give a variance this Board
could set a time limit they can make it 30 days, 90 days what ever this Board
wants to do. They can do that because they have that flexibility in the statute
and under the ordinance.
Mr.
Mottley asked if they thought they would have either have a buyer or be willing
to take the building down within 6 months.
Mr. And Mrs. Mc.Gillem stated that they were
going to work with them but as of right now we have no one in mind.
Mr.
Peninger stated that the interest rates are good and your
coming into the season to be marketing that site.
Mr.
Willis asked if there were any other questions from the Board Members.
Don
Mottley make a motion to approve BZA-V-04-06, subject to the following
conditions:
Motion
was seconded by John Peninger and unanimously carried.
Ms.
Phillips stated to Mr. & Mrs. Mc.Gillem if they sell their property within
6 months to bring the deed in the office, and if they remove the building to
notify the office so we can do an inspection.
BZA-V-04-09
– Applicants & Owners: Donald & Marla Bruce
Premises
– Property located on the S side of
Nature of Case – Applicant requests a Variance from the requirements as
set forth in the Comprehensive Zoning Ordinance in effect for
Present
was Donald Bruce
Mr.
Willis asked for the staff report.
Ms.
Phillips stated we have all return receipts from certified mail of notice of
this meeting. She stated the applicants have stated the existing home had a
pre-existing non-conforming 5’ wide front porch that was in poor condition, and the new porch will be 5’ wide but will wrap
around the side of house. She added the Building Inspector found they were
constructing porch without permits but Mr. Bruce came in that day to obtain
permits stating he didn’t know he needed one to replace his porch. She stated
since he is making the porch larger and more non-conforming they had to file
this Variance. Mr. Bruce states on his application due to the deterioration of
the old porch on the front of the house the porch needs to be redone I would
like to install a wrap around porch to make entry way easier and safer. Due to
lack of minimum frontage at the front of the house I’m requesting a variance to
build said porch the old porch was 5’ out from the house and the new porch will
be the same 5’ out and wrap around the side of the house. She stated the
application is in order.
Mr.
Willis asked if Mr. Bruce would like to add anything to the staff report.
Mr.
Bruce stated that they purchased the house 17 years ago that is the way it was
then. He stated the neighbor’s that he has talked to all agree with the porch
being added on. He commented the mail person and the school bus driver that
have seen the start of the porch have said it should bring the value of the
house up and that it looks good.
Mr.
Willis asked if there were any questions from the Board Members.
Mr.
Peninger asked how much is in the set back area.
Ms.
Phillips stated at least 14 feet and the requirement is 25 feet.
Mr.
Willis asked if there were any other questions from the Board Members.
Mr.
Willis asked if there were any remonstrator’s.
John Peninger make a motion the application be approved in accordance
to the application on file subject to the following conditions.
The motion was seconded by Don Mottley and unanimously carried.
BAZ-V-04-10 –
Applicants & Owners: John Haas, Stacy Stevens, & Kathy Grant Murrell
Premises
– Property located on
the N side of
Nature of Case – Applicants request a Variance from the requirements as
set forth in the Comprehensive Zoning Ordinance in effect for Warrick County to
allow the construction of a single family dwelling not meeting minimum 25’
front yard requirements and being located with in building setback line nor 25’
rear yard requirements in an “R-1” Single Family Dwelling Zoning District. Advertised in the Boonville Standard
Present was John Haas.
Mr. Willis asked for the Executive Director staff
report.
Ms.
Phillips stated we have all return receipts from certified
mail of notice of this meeting. She stated the lot sits on a cul de sac and the building line arcs around the front. She
stated there is a 15’ drainage and public utility easement running along the
north and east side of the property and the house will encroach 9’8” into 25’
building line at closest point, leaving a 15’4” front yard and will need a
relaxation of 3’9” for the rear yard which the requirement is 25‘ for that. She
stated the application states the owners are requesting this Variance to allow
them to build the floor plan requested by the purchaser of lot 6, and in order
to build a 1500 square foot home with a 2 car garage, the home overlays the set
back lines. The application further states they have explained other floor
plans and in order to meet the requirements we would have to build a much
smaller home, and this will be the smallest home in the subdivision at 1500
square feet. The application also states they had to get a Variance on lot 5,
as well, for the same reasons. The application is in order.
Mr.
Willis asked Mr. Haas if he had anything to add to the Executive Director’s
staff report.
Mr.
Haas stated no.
Mr.
Willis asked if there were any questions from the Board Members.
Mr.
Peninger asked Mr. Haas how old was Countywood Court
Subdivision.
Mr.
Haas stated 3 ½ to, 4 years old. And this is the last lot in this subdivision.
Mr.
Peninger asked Mr. Haas what Engineer had made this subdivision out.
Mr.
Haas stated Bill Bivins.
Ms.
Phillips stated that there was an error on the plat regarding the 25’ building
set back line being scaled at 20’.
Mr.
Peninger asked if it scaled at 20’ but labeled at 25’.
Ms.
Phillips stated yes.
Discussion
ensued regarding the lot.
Ms.
Phillips asked Mr. Haas if this was the last lot.
Mr.
Haas stated this is the last lot and it’s a pre-sold if they can build this
plan.
Mr.
Peninger asked if it was 1500 square feet.
Mr.
Haas stated yes.
Mr.
Willis stated that the floor foot plan looks like its
going out into the public drainage and utility easement.
Mr.
Willis asked Mr. Haas if this was the last lot.
Mr.
Haas stated this is the last lot.
Mr.
Peninger asked Mr. Haas what is to the north or the east to of the property.
Mr.
Haas stated to the north there’s a large field and to the east I would presume
it’s someone’s back yard and there’s a drainage ditch but there is a bunch of
brush there so you can’t see it.
Discussion
ensued regarding the plot plan.
Mr.
Willis asked if there were any other questions from the Board Members.
Mr.
Willis asked if there were any remonstrator’s.
Mr.
Peninger asked Mr. Haas if has had a talk with his Engineer.
Mr.
Haas stated yes.
Mr.
Mottley asked if they had to do the something with the lot next door.
Mr.
Haas stated yes because the scale on the plat was wrong.
Ms
Phillips stated that they had bought the subdivision from somebody else, so it
was already platted out.
Mr.
Willis asked if there were any other questions from the Board Members.
Duane Erwin make a motion the application be approved in accordance
with the application and plans on file subject to the following conditions:
1. Subject to an Improvement Location Permit
being obtained.
2. Subject to any required Building Permit from the Warrick County
Building Department.
3. Subject to any required
Water and Sewer Permit.
John Peninger seconded the motion and unanimously carried.
Mr.
Willis stated other business.
BZA-CU-02-10 – Applicant
& Owner: Monte Williams Irrevocable Trust by
Monte Williams, Trustee. – Adoption of
findings of fact.
Mr. Shively stated at the last meeting
the Board of Zoning Appeals voted to deny the request of a Conditional Use
BZA-CU-02-10.He stated on the docket this evening are proposed findings of fact
to be adopted this evening in that decision. He stated the Indian law allows
you to do it that way. He stated there are a lot of issues involved and since
we anticipated their might be a challenge of that decision we put it on the
docket this evening to adopt findings to support that decision made. He stated
this is not opportunity for another public hearing; this is simply for the
Board’s internal purpose to review the proposed findings. He stated he and Ms.
Phillips went through the minutes and put it together to reflect the underlying
bases for this body’s decision. He added the vote tonight would be to adopt the
findings, and even though Mr. Williams is out in the audience, the decision is
effective from February 25. and the date is not
extended. He stated so any challenge of that decision has to go out within 30
days of February 25. He stated they can take a minute to review the findings
and added they simply tried to review the minutes and put some facts together,
so we have a complete file on record.
Ms. Phillips asked if they make a
motion just like we do everything else.
Mr. Shively stated you just make a
motion to adopt the finding of facts on BZA-CU-02-10.
Ms. Phillips asked if Mr. Willis would
need to abstain from voting.
Mr. Shively stated that Mr. Willis
should abstain from voting.
Don Mottley make a motion finding of
facts to be adopted.
The motion was seconded by William Mc.Cune and unanimously carried.
The finding of facts is on file in the
office of the
Mr. Willis asked if there was any
Attorney business.
Mr. Shively stated that the Zoning
Ordinance for
Mr. Willis asked if there is any
Executive Director business.
Ms. Phillips stated that the minutes
from the last meeting were late do to it being Julie’s first time ever doing
minutes, and they were hard minutes to do, but Julie did a good job.
Being no other business the meeting
adjourned at
________________________
Larry
Willis, Chairman
ATTEST:
The undersigned Secretary of the
Warrick County Area of Zoning Appeals does hereby certify the above and
foregoing is a full and complete record of the Minutes of said Board at their
monthly meeting held
____________________________
Sherri Phillips, Executive Director