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

Minutes of the Special August 29, 2005 Meeting

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

The special meeting of the Clear Lake BZA was called to order at 7:15 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.

Hearings:

Dale Aeschliman, 980 Lake Dr, 2005-11, requests a variance from Ordinance # 154.046(A)(!) as amended by Ordinance 294 so that they may construct a new 2 story home with a height of 33 feet 6 inches from the top surface of the 1st floor to the peak of the roof. After several questions were asked by Board members, the hearing was closed. A preliminary vote was taken. The President then asked that the finding of fact forms be marked and cast. The variance application was approved.

Jon and Janet Zachrich, 434 Lake Dr., 2005-14 (a) and (b), requests variances from Ordinance 154.048(A) (3) so that they may construct a new home that will be 120 feet from the lake shoreline and Ordinance #154.047(A) (1) as amended by Ordinance 294 as that they can build a new home with a walk out basement that will be 40.2 feet from the top of the basement floor to the peak of the roof. Terry Cornelius spoke on behalf of the applicants. For the averaging set back requirement, he stated that the request is for a 2 foot variance from the required averaging set back. He went on to state that the height deviation of 5 feet 2 inches is so that the roof of the new home would be on the same level as the existing garage roof that will be torn down. Emma Brown, neighbor to the west of the Zachrich stated that she has no objection to either variance request. Jane Zeller, the neighbor to the immediate East, also stated that she did not have any objection to either variance request. The Board members had several questions including that the set back was for the lake yard only, whether the garage was 2 or 3 bay garage, whether the garage was going to be any closer than the neighbor’s garages, and whether the proposed house was a 1 ½ story house over a basement. President Folland read a letter written to the Board from Harold and Nancy Winch, 428 Lake Dr. expressing support for the variance request regarding the height. The hearing was closed and a preliminary vote was taken on request (a). The President then asked that the finding of fact forms be marked and cast. The variance on request (a) was approved. The President then asks for a preliminary vote be cast on request (b). He then asked that the findings of fact form be marked and cast. The variance was approved.

Jon and Jan Zachrich, 434 Lake Dr., 2005-15(a) and (b), they asked that the request be withdrawn.

It was moved by Jon Fitzenrider and seconded by Bonnie Brown that the public hearing
be closed. Motion was duly passed.

General Meeting:

President Folland opened the general business meeting of the Board of Zoning Appeals. Ron Kummer, Vice-President read the minutes of the March 28, 2005 meeting. Correction to the minutes should be that the proper address of the Wamsher property is 750 N and not E, that the word “only” be deleted following the word “dais will” and that the proper date of the meeting minutes is March 28, 2005 and not June 20, 2005. On motion duly made and seconded, that the minutes as amended were approved.

Jon Fitzenrider stated that several people around the lake have expressed concern about the new notification rule whereby only the adjoining property owners will be notified of Zoning Variance requests. He suggested that notification of zoning variances be sent to owners within 300 feet of the applicant. Send the notices to the addresses listed in the Clear Lake directory. It was moved that 5 property owners around the applicant’s property be notified and that the applicant provided the addresses. After a brief discussion, it was moved that this motion be table for further review. Jon Fitzenrider and Bruce Snyder will work on the language for this rule.

There being no further business to come before the Board, on motion by Jerry McArdle and seconded by Jon Fitzenrider, the meeting was adjourned at 8:20.


Respectfully submitted:



Bruce R. Snyder, Secretary