Clear Lake Board of Zoning Appeals

Minutes of the August 20, 2007 Meeting

Present:            Ron Kummer, President

                        Jon Fitzenrider, Vice President

                        Mike Long

                        Bob Bruick

                        Gerry McArdle

                        Neil Blythe, Town Attorney

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 2007-03 Jerry L Gecowets, Gecowets Drive, Clear Lake is requesting relief from Clear Lake Ordinance 154.046(C) Limiting a garage to 1200 square feet and 17 feet in height. Mr. Gecowets would like to construct a garage of 2160 square feet and 21 feet tall.

Mr. Gecowets made the presentation.  No written statements were received. Several property owners spoke in favor. One property owner spoke in opposition. Several board members had questions of Mr. Gecowets. 

President Kummer asked for findings of fact.

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

             5 votes HAS - 0 votes HAS NOT

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

             4 votes WILL NOT  – 1 vote WILL

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

            4 votes WILL NOT  – 1 vote WILL

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

             3 votes WILL – 2 votes WILL NOT

Conditions: No conditions were added

On motion made by Gerry McArdle and seconded by Mike Long the application was approved by vote of 3–2. Mr's McArdle, Long and Bruick voted to approve. Mr's Fitzenrider and Kummer voted against approval.

Case 2007-04 Andrew F. Brooks, 198 Lake Drive Clear Lake is requesting relief from Clear Lake Zoning Ordinance sections 154.046(A)(1), 154.048(A)(5), and 154.048(A)(10). Mr. Brooks would like to construct a house 47.1 feet in height where the height limit is 35.0 feet.  Mr Brooks would also like relief from the combined side yard requirement, requesting a combined side yard of 15.616 feet while the ordinance requires 16.2 feet. Mr. Brooks also requests relief from the lake yard averaging ordinance.  Mr. Brooks is requesting the house be built 39.9 feet from the lake, where the rule requires a set back of 47.9 feet.

Mr Sam  Etemadi of Arbor Home Building Corporation, Inc. made the presentation.  Mr. Etemadi withdrew the request for side yard relief.

One letter in opposition was read and filed.  Several members of the audience spoke in opposition to both the height and the lake yard requests.

After some discussion, the board determined that Mr. Brooks had not fully complied with the Variance Application Requirements necessary to complete his hearing. Specifically,  the building site was not staked  showing the proposed building location and property lines.  Upon motion  by Gerry McArdle and seconded by Mike Long the hearing was tabled until the October  15,  2008 BZA meeting.

Appeal of Zoning Administrator:

The scheduled appeal by the Hoagland Family Limited partnership, Daniel Hoagland and Karen Hoagland regarding the zoning inspector's determination that no ILP was obtained for a fence and the fence was placed in the lake yard will be rescheduled.

The scheduled appeal by Gary and Dawn Courtney, 1014 Lake Drive of the zoning inspector's opinion that a retaining wall in the lake yard cannot extend above grade was dismissed because the Courtneys, or their representive, did not appear. 

Business meeting:

Minutes of the April 16, 2007 BZA meeting were read by VP Jon Fitzenrider.  The minutes were corrected to reference IN code 36-7-4-913.  The minutes were approved as corrected.

Minutes of the July 3, 2007 BZA meeting were read by VP Jon Fitzenrider.  The minutes were approved as read.

Old business:

Jon Fitzenrider presented  suggested changes to the BZA Rules Section 5 General Variance Conditions.  After discussion the changes were referred back to committee.

President Kummer and Neil Blythe are continuing development of a process to remove 'certification' from completed projects.

New Business:

President Kummer noted that the board does not have a documented procedure for hearing Appeals of Zoning Inspector's Decisions.  President Kummer appointed a subcommittee of Ron Kummer, Neil Blythe, and Jon Fitzenrider to develop such procedure.    

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

The next BZA meeting will be Monday, October 15, 2007 .

Respectfully submitted,

Jon Fitzenrider

attachment: Gecowets Finding of Fact