Town Of Clear Lake Indiana
Board Of Zoning Appeals -
Meeting Minutes
Minutes of the December 20, 2004 Meeting
Present:
Christopher Folland
Town Council: Jack McArdle
Bonnie Brown
Larry Armstrong
Jerry McArdle
Ron Kummer
The meeting was called to order by Christopher Folland, President. The Board
members were introduced. President Folland reviewed the duties of the Board of
Zoning Appeals, the requirements needed to be met for the granting of a variance
and the procedures to be followed at tonight’s meeting.
Richard McCue variance: Variance request to construct a 15ftx16ft x 15ft
addition to an existing 24ft x26ft x 15ft garage. The requested relief is from
Ordinance No. 154.049 which provides that “No structure shall be erected which
is designed or intended for use as a garage or storage building, whether
detached, semi detached or attached, if any dimension exceeds 28 feet
horizontally or 15 ft vertically”. Mr. McNeely, representative for the McCue’s
presented the variance application. He stated that the slab on which the
proposed addition is to be built was poured at the same time as the garage floor
was poured. It is 10 inches thick, with 2 ft footers and the footers are 28
inches into the ground. The siding will match the present siding. Any water run
off will be connected to the existing tile drain and there will be no water
facilities in the addition. Mr. Kane filed a written objection to the variance.
After discussion on this matter, both from the public in attendance and the
Board member, on motion made and seconded, the hearing was closed. President
Folland called for a preliminary vote which was taken.
Brian Hahn variance: Request is made to construct a utility room and garage
addition to their existing home. The requested relief is from Ordinance
No.154.048 (a) (1) requiring a yard set back from a public street. Applicant
maked his presentation. The addition will be use to add a bathroom and for
summer/winter storage. The addition is not large enough in which to park an
automobile. Four letter of no objection were presented from neighboring property
owners. They were Spiece, Frederick, Kane, and Philips. After discussion on this
matter, both from the public in attendance and the Board member, on notion made
by J. McArdle, seconded by R. Kummer, the hearing was closed. President Folland
called for a preliminary vote, which was taken.
The Board members then conducted additional discussion concerning the McCue
variance application. After the discussion was concluded, President Folland
called for the final vote, which was taken.
The Board members then conducted additional discussion concerning the Hahn
variance application. After the discussion was concluded, President Folland
called for the final vote, which was taken.
President Folland announced the following results:
McCue variance approved.
Hahn variance denied.
On motion duly made and seconded, it was moved that the public hearing be
closed. Motion carried.
President Folland then opened the business meeting of the Board of Zoning
Appeals. Minutes of the September 28, 2004 meeting were read and on motion by B.
Brown, seconded by R. Kummer were approved.
President Folland then addressed the Watson variance. After construction was
begun, it was determined that the structure (garage) was not being built in
accordance with the granted variance or the Improvement Location Permit that was
issued. A town official, acting in place of Zoning Inspector Snyder, who was on
vacation, issued a Stop Work Order. A meeting was held at the Town Hall with the
Town Official, Watson, his builder and other town residents. As a result of this
meeting, a new Improvement Location Permit was issued to construct a house.
As a result of a meeting of the BZA review group, there was presented to the
Board, proposals for the rules of procedure for the filing of applications for
variances. Attached to these minutes is a copy of the proposed rules which are
incorporated herein by reference. Each paragraph of the proposed rules was
carefully considered by the Board. It was proposed that the second sentence in
paragraph 3 be eliminated, that paragraph 4 be deleted in total and that the
word “structure” be change to “improvements” in paragraph 5, second sentence and
that “Clear Lake Sewer Board” be changed to “Town Council” in the third sentence
of paragraph 5. On motion by J.McArdle, seconded by B. Brown, it was moved that
the proposed rules of procedure for filing an application for a variance be
adopted with the changes noted herein being made. The motion passed.
It was announced that the next meeting of the Board will be March 21, 2005 at
7:00 P.M. at the Town Hall.
There being no further business to come before the Board, on motion duly made
and seconded the meeting was adjourned.
Respectfully submitted:
Bruce R. Snyder, Secretary
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Board Rules
Town of Clear Lake Indiana – Board of Zoning Appeals (BZA)
Adopted December 20, 2004
1. Deadline for Variance Applications: 21 days prior to scheduled BZA meeting.
2. Deadline for issues to be heard not requiring public notice: 7 days prior to
scheduled BZA meeting.
3. Variance issuance: A variance is valid for 1 year from approval date. Your
approved variance requires you to build in accordance to your submitted plans
and any additional requirements placed upon the variance. Any changes made to
your approved building project require the BZA’s re-approval prior to
construction.
4. Variance Application Requirements:
Drawings to scale of proposed project including all
elevations and exterior materials list.
Site plan to scale showing property lines, existing
improvements and proposed improvements.
If requesting a sanitary waste connection, a letter of
acceptance from the Clear Lake Town Council to connect to the Clear Lake sewer
system.
On you proposed building site, stakes showing your building
locations and your property lines.
Application requirements must be completed before
your variance hearing will be scheduled.