Meeting Minutes

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

Minutes of the June 20, 2005 Meeting

Present:     Christopher Folland, President
                    Bonnie Brown
                    Jerry McArdle
                    Ron Kummer
                    Jon Fitzenrider

The meeting was called to order at 7:00 P.M. by Christopher Folland, President. The President introduced the Board members and reviewed the duties of the Board, the requirements needed to be met for the granting of a variance, and the procedures to be followed at tonight’s meeting. Also announced were minor changes to the hearing procedure to improve the speed of each hearing. The process for questions from the board members will be changed from all members asking questions to the applicant as they come up during the hearing, to each member asking all of their questions at once during the question period. The questioning will be done on the basis of seniority. The following is the current seniority of the Clear Lake BZA based on their appointment date.

                Bonnie Brown January 2004
                Christopher Folland May 2004
                Jerry McArdle August 2004
                Jon Fitzenrider August 2004
                Ron Kummer September 2004

Only speakers from the podium or dais be recognized. No comments or questions directly from the audience will be allowed.

Hearings

John and Dee Heller, 2005-5, 693 Lake Dr. requests a variance from Ordinance #154.048(B) (e) (1) so that they may construct a 6 foot split rail fence on the west side of their property near their house, 6 foot high fence at the rear 80 feet of their property, and 6 foot fence along the east 47.5 feet of their property. Four people spoke against the variance. After a discussion concerning the application the hearing was closed. A preliminary vote was taken. The President then asked that the finding of fact ballots be marked and cast. The variance application was denied.

William McComb, 2005-6, 906 Lake Dr. requests a variance from Ordinance # 154.046(A)(1) as amended by Ordinance 294 so that he can construct a new home with a height of 38 feet from the top surface of the basement floor to the peak of the roof. After a short presentation and discussion, the hearing was closed and a preliminary vote was taken. President Folland then asked that the finding of fact ballots be marked and cast. The variance application was approved.

William McComb, 2005-7, 906 Lake Dr. requests a variance from Ordinance # 154. 047(A) as amended by Ordinance 287 so that he can build a garage on a back lot which is less that 70 feet in width and has less than 14,000 square feet in area. His lot is 50 feet in width and 150 feet deep. The exterior siding will be the same as the siding on his new home. After some discussion regarding drainage, President Folland asked for a preliminary vote. He then asked that the finding of fact ballots be marked and cast. The variance application was approved.

Kathleen L. Schenkel, 2005-8, 144 Lake Dr. requests a variance from Ordinance # 154.048(A)(2) so that they can build a new home with a set back from the lake shore line of 62.8 feet when the average set back of the adjoining neighbors is 79.35 feet. Written letters from adjoining neighbor not objecting to the set back were filed. Three neighbors spoke in favor of the variance. After a brief discussion, President Folland asked for a preliminary vote. He then asked that the findings of fact ballots be marked and cast. The variance application was approved.

Amanda K. Wamsher, 2005-9, 216 Lake Dr requests a variance from Ordinance # 154.048(B)(2)(e)(1) and (2) so that a split rail fence can be built on the west side of her property on County Road 750 N. The fence would be 4 feet high starting 30 feet from the Round Lake and extend along the West boundary of the property approximately 145 feet and then change to a 5 foot high fence and continue along the west property line to a point 10 feet from road 750E. The property is vacant except for a barn that is located approximately 250 feet from Round Lake. The next door neighbor to the west along with 2 other people spoke in favor of the variance. After a brief discussion, President Folland asked for a preliminary vote. He then asked that the finding of fact ballots be marked and cast. The variance application was approved.

Helen and Arden Pacey, 2005-10, 682 Lake Dr. requests a variance from Ordinance # 154.048(A)(5) so that a new storage shed may be built 6 inches from the property line. The new shed would replace an existing shed and be in the exact location. A letter signed by 7 neighbors in favor was filed. Four neighbors spoke in favor of the variance. President Folland asked for a preliminary vote. He then asked that the finding of fact ballots be marked and cast. The variance application was approved.

Dave Von Deylen, 2005-12, 972 Lake Dr. requests a variance from Ordinance # 154.046(A)(1) so that a new home may be constructed that is 39 feet in height from the top of the basement floor to the peak of the roof. After a brief discussion, President Folland asked for a preliminary vote. He then asked that the findings of fact ballots be marked and cast. The variance application was approved.

Dave Von Deylen, 2005-13, 972 Lake Dr, requests a variance from Ordinance # 154.048(A)(1)(d) and 154.048(A)(9) so that a garage may be built that will be 7’ 8” from the travel portion of the road and from 20 to 28 feet from the lake shoreline. The garage would be built on the northern end of his lot. The depth of the lot at the northern end is 49 feet. 7 people spoke against the granting of the variance. President Folland asked for a preliminary vote. After reviewing the preliminary ballots, President Folland ask for a discussion among the Board members to determine if a compromise solution could be reached. A 10 minute limitation was placed on the discussion. After a general discussion it was suggested that the garage be placed no closer then 25 feet from lake shoreline and 10 feet from travel portion of the road. The applicant agreed to this compromise solution. President Folland then asked that the finding of fact ballots be marked and cast. The variance application was approved with the condition that the garage be located no closer then 25 feet to the lake shoreline and no closer than 10 feet to the travel portion of the roadway from any point on the garage.

On motion duly made and seconded, it was moved that the public hearing be closed. Motion carried.

General Meeting

President Folland then opened the business meeting of the Board of Zoning appeals. Minutes of the March 28, 2005 meeting were accepted as printed and on motion by J. McArdle, seconded by B. Brown were approved.

A new application form packet for variance applications was presented to the Board by the BZA review group (C. Folland, J. McArdle, R. Kummer, B. Snyder). It was noted that the biggest change in the application form was that the signature of the applicants must be notarized and that only the adjoining neighbors would be notified (by certified mail) of the application. Additionally, the BZA’s rules and procedure were incorporated into the packet. J. McArdle moved that the new application form packet be approved as submitted which was seconded by B. Brown. Motion passed.

President Folland announced that when the moratorium on new sewer connections is lifted, that a special meeting might be called to consider the Aeschliman variance request. It was moved and seconded that the application previously filed by the Aeschliman’s would be acceptable instead of the newly adopted application form. Motion carried.

There being no further business to come before the Board, on motion duly made and seconded, the meeting was adjourned at 10:20 pm.

Respectfully submitted;

Bruce R. Snyder, Secretary

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Board of Zoning Appeals Application Form

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(without formatting ... to download the actual from go to the forms section of the site)

Case #

Town of Clear Lake, Indiana
Board of Zoning Appeals

Application for Appeal Hearing

1. Applicant: _______

Legal/Permanent Address: _

Phone: _

2. Owner(s) of property proposed for variance:

Owner’s address: ____

3. Street address of property: _

Legal description of property involved with proposed variance (may be attached)
__________

4. Present zoning classification: _

5. Present use of property: _____________

6. Proposed use of property: _

7. State what you want to do with your property:

_

_________

8. Describe the variance you require to complete your project: _

_______________________

9. Are there any restrictions, laws or covenants governing your property that would
prohibit its use for the purpose specified in this application?
If yes, please attach a copy of such restrictions.

Board of Zoning Appeals
Finding Of Fact

For the BZA to consider your petition for a variance from development standards or a variance of use, you will need to present evidence on the following points. The BZA must make findings of fact on each of these points in deciding whether or not to grant your petition. Failure to present evidence in support of any of these findings will result in denial of your petition; therefore, please state:

A. How will your proposed building-structure not be injurious to the public health, safety, morals and general welfare of the community? _
_____

B. How will the use and value of the area adjacent to the property you own, and for which you are requesting a variance, not be affected in a substantially adverse manner? _
_____

C. How will the strict application of the terms of the Clear Lake Zoning Regulations result in practical difficulties for your use of your property?
_
_

__________________________

For Zoning Administrator Use Only:

1. State the applicable Chapter and Subsection of the Town of Clear Lake, Indiana Zoning Regulations that has caused this appeal. _
________

2. Has there been any previous appeals filed regarding this property?

Affidavit

(I or We) , Being duly sworn, deposed and say that (I or We) (am or are) the (Owner[s] or contract purchaser[s]) of the property involved in this application; and that the forgoing signatures, statements and answers herein contained, and the information herewith submitted, are in all respects true and correct to the best of (my or our) knowledge and belief.

Signed: _

Signed: _________

STATE OF INDIANA )
) SS:
COUNTY OF )

Subscribed and sworn to before me, a Notary Public, in and for said County and State, on this day of , 20_.

Witness my hand and notarial seal.

______________
(Notary Public)

(Name Printed)
Resident of County, In

My Commission Expires:

Instructions for Petitioners
Before The Clear Lake Board Of Zoning Appeals

Variance

A variance involves a deviation or change from a use or developmental standard contained in the Clear Lake Zoning Ordinance. The Clear Lake Board of Zoning Appeals shall approve or deny all variances requests.

Procedure For Filing With Board Of Appeals

1. 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. A current copy of site survey if available
• A copy of property’s deed (deeds).
• If requesting a new sanitary waste connection, a letter of acceptance from the Clear Lake Town Council to connect to the Clear Lake sewer system.
• On your proposed building site, stakes showing your building locations and your property lines.

Application requirements must be completed before your variance hearing will be scheduled.

2. Deadline for Variance Application: 21 days prior to scheduled BZA meeting. All application requirements must be met by deadline.

Public Hearing Procedures

You will be scheduled for a Board of Zoning Appeals hearing and notified of the hearing date. Notice of the public hearing must be advertised in the newspaper and must also be given to any person who owns land that touches your property. For purposes of determining which property touches your property, ignore all roads, streets, highways and alleys, that is, any property that would touch your property but for such road, street, highway or alley is considered to be an adjoining property and must be notified. The Town will prepare the legal notice and will submit it to the newspaper for publication. The notice to be sent to persons owning adjoining land will also be prepared by the Town and will be sent by certified mail return receipt requested to their legal address. These letters must be sent to the adjoining landowners no later than ten (10) days prior to the hearing date.

Factors To Be Considered By The Board For Their Determination

The Board shall approve or deny variances of use and from developmental standards from the terms of the Clear Lake Ordinance. The Board may impose reasonable conditions as part of its approval.
The following findings of facts must be made on every variance and all of these facts must be found in the affirmative for the variance to be granted. Should one of the facts be found negative, the variance will be denied. It is the applicant’s responsibility and the applicant has the burden of proof to submit evidence to the Board to prove that the request for variance meets all criteria and finding of fact. The findings of fact are:

a. That the proposed building or structure/ use, will not be injurious to the public health, safety, morals and general welfare of the community.
b. How will the proposed use and the value of the properties in the area adjacent to the property you own, and for which you are requesting a variance, not to be affected in a substantially adverse matter.
c. The need for the variance arises from some condition peculiar to the property involved.
d. The strict application of the terms of the ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought.
e. The approval does not substantially interfere with the policies, goals and objective established in the Clear Lake Comprehensive Plan. (This applies only to Variance of Use, does not apply to Variance from Development Standards.)

Further Requirements

Any person to whom is issued an improvement location permit for a variance who fails to commerce construction within twelve (12) months after such permit is issued, or who fails to carry to completion the total development plan thereof within three (3) years after such construction is begun, which ever is later, or who fails to conform to the provision of the development plan and supporting data finally approved by the Board and upon the basis of which such improvement location permit was issued, may be required by the Board upon its own motion, and shall be required by the Board upon written petition of any person deeming himself aggrieved, to show cause why such approval should not be withdrawn and such improvement permit revoked.

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

Board of Zoning Appeals Application Form

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