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

Minutes of the April 17, 2006 Meeting

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

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, reviewed the duties of the Board, the requirements needed to be met for the granting of a variance, and procedures to be followed at the meeting.

Hearing:

2006-4         Denise Hench and Richard Buchhop, 778 Lake Drive.

Request for relief from Ordinance # 154.048(B) (2) (c) as amended by Ordinance #194 so that a balcony may extent into the Lake yard 6 feet. The representative for the applicant made the presentation. There were no letters received from residents for or against the variance. No person present spoke for or against the variance application. Board member J Fitzenrider stated that he felt that there was no good reason given why the ordinance as written should not be followed. No other board members had any comments or questions. On motion duly made and seconded the public hearing was closed. President Folland asked for a filling of the findings of fact.

         • Injurious to community: finding that it would not be injurious to the Community: 5 votes yes.
         • Use or value not adversely affected: Finding that it would not affect the use or value. 5 voted yes.
         • Strict application results in adverse use of property: 1 vote that it adversely affect the use of the property; 4 voted that it would not adversely affect the use of the property.

On motion by J. McArdle, seconded by B. Brown, it was moved that the variance be granted. By a vote of 4 to 1 the variance was granted.

Business meeting:

President Folland opened the business meeting of the Board of Zoning appeals.
 

Minutes of the February 21, 2006 meeting were read by V.P. R. Kummer. On Motion by B. Brown, seconded by R. Kummer, the minutes were approved as amended and corrected. 

Old Business: None

New Business:

Dave Von Deylen requested that variances 2005-12 & 2005-13 be extended until April 16, 2007 due to his accident. J. McArdle rescued himself from this discussion. On motion by B. Brown, seconded By R. Kummer, the request was granted.

President Folland recently received a document published by the Indiana Planning Association titled “Board of Zoning Appeals Basics”. The President indicated that he would like to reconstitute the BZA Practices Review Group and have the group review the document and make recommendations. On motion by R. Kummer, seconded by B. Brown, it was moved that such a committee be formed. Motion passed. President Folland appointed himself, J. Fitzenrider, and R. Kummer to this committee. It was noted that proper notice of the meeting must be published and posted before the meeting takes place.

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