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

Minutes of the January 8, 2008 Special Meeting

Present: Ron Kummer, President
             Jon Fitzenrider, Vice President
             Mike Long
             Bob Bruick
             Gerry McArdle
             Bruce Snyder, Town Zoning Inspector
             Neil Blythe, Town Attorney

The meeting was called to order at 7:05 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 2007-06 David Brown, DBA Transition Builders, representing owners Gerald and Bettina Grandey, 328 Lake Drive Clear Lake is requesting relief from Clear Lake Ordinance 154.048(A)(5) requesting that the minimum side lot setback on the south property line be reduced from the required 5.0 feet to 4.5 feet.

Mr. Brown made the presentation. Two written statements were read in support of the variance. One property owners spoke in favor. Mr. Snyder summarized conversations he had had with the owner of the property adjacent to the south, stating that once the property owner fully understood the request, he had no objection to granting of the variance. A representative of the builder working with said adjacent owner confirmed this opinion. Several board members had questions of Mr. Brown.

The Board had discussion primarily regarding the ambiguity of property lines in the original plot (circa 1897) of this subdivision and the difficulty in establishing precise boundaries in this area.

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:
5 votes WILL NOT – 0 vote WILL
Use or value of adjacent property not adversely affected: Finding that it would not affect the use or value:
5 votes WILL NOT – 0 vote WILL
Strict application results in practical difficulties: Finding that strict application would result in practical difficulty:
5 votes WILL – 0 votes WILL NOT

Conditions: No conditions were added

President Kummer polled the Board. By vote of 5-0 the request was approved.

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, February 18, 2008

Respectfully submitted,


Jon Fitzenrider

attachment: Grandey Finding of Fact