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

Minutes of the February 21, 2006 Meeting

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

The meeting of the Clear Lake BZA was called to order at 7:00 P.M. by Christopher Folland, President. The President introduced the Board members including the alternate Board members, first alternate Barb Disser and second alternate, Mike Long, 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 the meeting. Barb Disser substituted for vacationing Jon Fitzenrider at this meeting.

Hearing:

2006-1 Thomas and Sally Eckrich, 948 Lake Drive. Request for relief from Ordinance #154.047(A) as amended by Ordinance #287 so that a parcel of land may be sold that is less than the required minimum size. The applicant made his presentation indicating that based on prior practice he had given an option to purchase this parcel measuring 50 x 100 feet. The President read several letter/e-mails received from town residents. Also 3 residents spoke concerning the variance. The public discussion on this application was closed. Several board members had questions about the application. The primary concern was that the use of the parcel be used only for the construction of a garage. On motion duly made and seconded, it was moved that the variance be granted with the restriction that the parcel may only be used for the construction of a garage. On motion by J. McArdle and seconded by R. Kummer, the hearing was closed. A vote was called for by the President. The variance was granted with the condition that the parcel may only be used for the construction of a garage.

2006-2 Diane and Jerry McArdle, 294 Lake Drive.

(a) Request for relief from Ordinance 154.048(A) (10) so that they may build a new home that would be less than the requirement under the averaging set-back rule.
Jerry McArdle rescued Himself from the hearing on his application. Mike Long, alternate BZA member, assumed the duties as a voting member of the Board. The applicant made his presentation. Several residents spoke in favor of the Application. The public discussion on this part of the application was closed. President Folland read 5 letter received by the Board from town residents all stating that they had no objection to granting the set-back. On motion by R. Kummer and seconded by B. Disser, the hearing was closed. A vote was called for by President Folland. The variance was approved.
 

(b) Request for relief from Ordinance # 154.048(A) (1) (a) so that they may build their home closer to the lot line than is allowed. The applicant made his presentation, pointing out that the side yard is adjacent to a platted but unimproved street and that the existing house is 3 ½ inches from the lot line. Residents spoke in favor of and against the granting of the variance as requested. On motion duly made and seconded the public discussion on this part of the application was closed. President Folland then read letters received from town residents both for and objecting to the granting of the side line variance. On motion by B Brown and seconded by R. Kummer, the hearing on part “B” was closed. The Board indicated that they wanted to discuss this request among themselves. The majority of the Board indicated that they were opposed to the granting of a sideline variance. R. Kummer suggested that lot line requirement not be changed but allow the structure to be 29 feet from the lake. On motion made by B. Disser and seconded by M. Long, it was moved that the request for a lot line variance be withdrawn and the new structure be 28 feet from the shore line. Motion was passed.

(c) Request for relief from Ordinance #154.046(A) (1) so that the new home may be constructed with a height of 31 feet from the top surface of the 1st floor to the peak of the roof. The applicant made his presentation, pointing out that this lot is the lowest lot in this area. Several residents spoke in favor of the granting of this variance. The public discussion was closed. Several Board member had questions directed to the applicant. On motion by B. Brown and seconded by R. Kummer the hearing was closed. A vote was called for by President Folland. The variance was approved.

2006-3 Robert J. Ueber, 24 Lake Drive. Request for relief from Ordinance #154.046(C) as amended by Ordinance 305 so that he can build an addition to his existing garage so that he would have a garage with a square foot area of 1728 feet. The applicant made his presentation.  There was no public comment. One letter was read stating that the request should be approved. Several Board member spoke indicating that they had trouble with this request. On motion by B. Brown, seconded by B. Disser that hearing was closed. President Folland then called for a vote. The variance was denied.

Business Meeting:

President Folland opened the business meeting of the Board of Zoning Appeals.  The first order of business was the election of officers for the 2006 term. B. Brown nominated Christopher Folland as President which was seconded by J. McArdle. No other nominations being made, nominations were closed and Christopher Folland elected President. Christopher Folland nominated Ron Kummer as Vice-President which was seconded by B. Brown. No other nominations being made, nominations were closed and Ron Kummer was elected Vice-President. B. Brown nominated Bruce Snyder as Recording Secretary which was seconded by J. McArdle. No other nominations being made, nominations were closed and Bruce Snyder was elected Recording Secretary.

Ron Kummer, Vice-President read the minutes of the December 19, 2005 meeting. J. McArdle and seconded by B. Disser the minutes were approve as amended and corrected.

There being no further business to come before the Board, on motion by J. McArdle and seconded by B. Brown, the meeting was adjourned.


Respectfully submitted:



Bruce R. Snyder
Recording Secretary