Town of Clear Lake, Indiana

Board of Zoning Appeals

Findings of Fact & Board Action – Developmental Standards Variance

Petitioner:        Jerry L. Gecowets 1040 Lake Drive, Clear Lake.

Case #:            2007-03     Garage Size and Height Variance,

Clear Lake Code 154.046(C)

Address of Subject Appeal: Corner of Gecowets Drive and St. Rd. 120, Clear Lake

FINDINGS

1.         Legal Notice of the petition HAS been published in accordance with

applicable Indiana Code Section and Notice has been made to appropriate land owners.

            Vote: 5 - 0

Legal notice was published in the Herald Republican Newspaper on August 10^th, 2007.  Notice was mailed certified to adjoining land owners at least 10 days prior to meeting.

2.         The approval WILL NOT be injurious to the public health, safety, morals and general welfare of the community?

            Vote: 4 -1

The neighboring property owners will not be adversely affected by the granting of the variance, because there is no risk of obscuring any view of the lake.  The issuance of the variance to allow a garage 36 feet by 60 feet and 21 feet tall, will not be part of a residential area, and will not conflict with the surrounding uses.

3.         The use and value of the area adjacent to the property included in the variance WILL NOT be affected in a substantially adverse manner?

            Vote: 4 - 1

The proposed size and height of the garage and granting of the variance will not be substantially adverse to the adjacent property owners due to the improvement and location of the property.  The nearest neighbor will be the Clear Lake Town Hall, which will not be negatively affected.  The height of the subject garage will not negatively impact the value of any surrounding property.

4.         The strict application of the terms of the Clear Lake Zoning Regulations WILL result in practical difficulties in the use of Petitioners’ property?

            Vote: 3 - 2

The restrictions on the size and height of garages will result in practical difficulties to Petitioners as the Petitioners will be unable to use their property for the use for which they originally purchased it, namely to store watercraft in the winter. 

Conditions:

1.  A certification of the decision shall be created and recorded at the office of the Steuben County Recorder.

Vote of the Board

Ronald Kummer                                                         Approve    Deny     Abstain

E. Gerald McArdle                                                     Approve    Deny     Abstain

Bob Bruick                                                                  Approve    Deny     Abstain

Jon Fitzenrider                                                            Approve    Deny     Abstain

Mike Long                                                                  Approve    Deny     Abstain

Approved   Denied   Approved with Conditions           Vote:    3  Approve        2  Deny         0  Abstain

______________________________

Ronald Kummer, President                            Date: August 20, 2007