Town Of Clear Lake Indiana
Board Of Zoning Appeals - Meeting Minutes

Minutes of the March 28, 2005 Meeting


Present:     Christopher Folland                             Town Council: Jack McArdle
                  Bonnie Brown                                                          Larry Armstrong
                  Jerry McArdle
                  Jon Fitzenrider
                  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.

George and Kathleen Schenkel variance. Request is made to construct a 16’x26’ addition to an existing 24’x30’ garage. The requested relief is from Ordinance #154.049(C) which provides that no garage shall be erected that exceeds 28 ft horizontally or 15 feet vertically. The Schenkel’s made their presentation stating that the proposed addition would be 418 sq feet and the existing garage is 720 sq feet. The land usage would be 14.68 %. No letter or verbal statement was received for or against the request. President Folland called for a preliminary vote, which was taken.

Dave Von Deylen variance. Request is made to construct a garage 16 ft on the east side and 26 feet on the west of side from the lake and 8 ft from the traveled portion of the roadway. The requested relief is from Ordinance No 154.048(A) (9) (a) and No. 154.047(C). Mr. Von Deylen made his presentation pointing out that the land was platted in 1912 and that the lot at the easterly end is 49 ft. in width. Dale Aeschliman, who owns property to the east, stated that he does not object to the location of the garage. President Folland called for a preliminary vote, which was taken.

Dale and Beth Aeschliman variance. Request is made to construct a new home on their lot which lot already has a home on it. The requested relief is form Ordinance No. 154.047(C) which provides that there shall be no more than one residential building on any one lot. Dr. Aeschliman made his presentation pointing out that the lot in question is in excess of 1 acre in size. Dave Von Deylen, who owns property to the west, stated that he has not objection to the second home. No letter or other verbal statement was received. President Folland called for a preliminary vote, which was taken.

Amy Culler variance. Request is made to construct a new home 38.1 feet in height and would be 31 feet from the lake. The requested relief is from Ordinance No 154.046(A)(1)(a) which provided that the height of the structure not be greater that 35 ft. and No. 154.048(A)(10).which provides that where a lot is situated between two lots both of which have existing homes, that set back of the new home will be the average of the existing homes on either side. Culler and builder made the presentation. John Bruick, 902 Lake Dr. objected because of the height of the new home.President Folland called for a preliminary vote, which was taken. There was general discussion among the Board members together with the property owner with the set back distance of major concern. It was proposed that the northwest corner of the building(west 50% of the parcel) not be closer to the lake than the neighbor’s northeast corner of their home (property owner to the west of the subject parcel) and on the eastern 50% of the parcel the set back requirement be an additional 7 ft. south from the northwest corner (westerly) setback. Also discussed was the height and it was suggested that the height be reduced to 28 ft from the top surface of the primary floor to the peak of the roof. The builder stated that he thought that the home could be designed with in that limitation.

President Folland then called for a final vote on all variance applications that were presented. The vote was taken and President Folland then announce the following results:
Schenkel variance approved.
Von Deylen variance denied.
Aeschliman variance approved.
Culler variance approved as compromised and with conditions.

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 December 20, 2004 meeting were read and on motion made and second the minutes were approved.

Election of Officers for the 2005 term: Christopher Folland was nominated for President; Ron Kummer was nominated for Vice President; and, Bruce R. Snyder was nominated for Secretary. A vote was taken and each person was elected to office for which they were nominated.

The review committee then presented the proposed rules for the filing of the application for a variance. After some discussion, it was suggested that the 1st sentence in paragraph 3 be deleted and in its place the following sentence; “Construction on an approved variance must be commenced within one year from the approval or it becomes invalid.” It was need moved by J. McArdle seconded by B. Brown that the proposed Board Rules as amended be adopted. Motion passed.

It was announced that the next meeting of the Board of Zoning Appeals be June 20, 2005 at 7:00 P.M..

The 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