Clear Lake Board of Zoning Appeals

Minutes of the July 3, 2007 Meeting

Present:            Ron Kummer, President

                        Jon Fitzenrider, Vice President

                        Mike Long

                        Bob Bruick

                        Neil Blythe, Town Attorney

Absent: Jerry McArdle

The meeting was called to order at 7:00 by Ron Kummer, President. The President reviewed the duties of the Board, the requirements needed to be met for granting a variance, and procedures to be followed at the meeting.

Hearing:

Case 2007-02 Paul & Beckie Allison at 5875 N. 775E. Clear Lake

This request is for relief from CL Zoning Ordinance #154.048 B (2) (e) requiring

that a fence not exceed four feet in height.

 The Allisons desire to build an in-ground swimming pool.  The Town of Clear Lake has no in-ground pool ordinances. Steuben County code requires that a five foot high fence surround an in-ground pool. The Allisons desire to build a five foot high fence surrounding their pool.

Mr. & Mrs. Allison made the presentation.  Three letters in favor were filed. One member of the audience spoke in favor. No objections were received.  There was discussion regarding disposition of water drained from the pool.

President Kummer asked for findings of fact.

Legal Notice: finding that notice was filed in accordance with Indiana Code:

             4 votes yes - 0 votes no

Injurious to Community: finding that it would not be injurious to community:

             4 votes yes – 0 votes no

Use or value of adjacent property not adversely affected: Finding that it would not affect the use or value:

            4 votes yes – 0 votes no

Strict application results in practical difficulties: Finding that strict application would result in practical difficulty:

             4 votes yes – 0 votes no

Conditions: No conditions were added

On motion made by Jon Fitzenrider and seconded by Mike Long the application was approved by vote of 4–0.

Business meeting:

There were no minutes from the last meeting for approval. It is expected that they will be available for the August meeting.

No old business was discussed.

New Business: There was discussion regarding the need to remove 'certification' from completed projects. President Kummer and Neil Blythe will develop a process to accomplish this.

There being no further business to come before the Board, on motion by Jon Fitzenrider and seconded by Bob Bruick, the meeting was adjourned.

The next BZA meeting will be Monday, August 20, 2007 .

Respectfully submitted,

Jon Fitzenrider