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

Minutes of the Febuary 18, 2008 Meeting

Present: Ron Kummer, President
             Bob Bruick
             Barb Disser (alternate)
             Gerry McArdle
             Chris Folland
             Neal Blythe, Town Attorney
             Laura Farquhar, Record the Minutes of the Meeting

Absent: Jon Fitzenrider

Visitors: Seven people signed the guest register.

The meeting was called to order at 7:00 p.m. 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 2008-01 Mary Ann Barth-Fausnaugh, 770 Lake Drive, Clear Lake is requesting relief from Clear Lake Zoning Rule 154.046 (C) as amended by Ordinance 305 limiting garages to 1,200 square feet and a height to 17 feet. They wish to build a garage 30 feet by 40 feet with a height of 18 feet and 11 ¼ feet.

Tom Fausnaugh presented the Board with a letter from Donald and Sandra Ayres, which are neighbors of the applicants. Mr. Fausnaugh made a presentation. Several Board members had questions for Mr. Fausnaugh.

President Kummer asked for findings of facts.
Legal Notice: finding that notice was filed in accordance with Indiana Code:
5 votes HAS – 0 votes HAS NOT
Injurious to Community: finding that considering the variance is not out of character for this particular area and does not harm property value.
5 votes WILL NOT – 0 votes WILL
Use or value of adjacent property not adversely affected: finding that it will not negatively affect the adjacent property owners.
5 votes WILL NOT – 0 votes WILL
Strict application results in practical difficulties: finding that the height of the family is taken into consideration and needed to accommodate the safety of the children in the family.
4 votes WILL – 1 vote WILL NOT

Conditions: No conditions were added.

President Kummer polled the Board. By vote of 4-1 the request was approved. Mr’s Kummer, Bruick, McArdle and Ms. Disser voted to approve. Mr. Folland voted against approval.

Case 2008-02 was tabled due to the absence of the applicant.

A motion was made by Chris Folland to grant the applicant the opportunity to reschedule. Gerry McArdle seconded the motion. By vote of 5-0 the motion was approved.

Business Meeting:

Minutes of the January 8, 2008 BZA meeting was read by Board member, Barb Disser. The minutes were approved.

Old Business:

Gerry McArdle revisited the idea that Zoning Inspector, Bruce Snyder felt there should be a procedure drawn up for continuances due to absence by the applicant.

President Kummer appointed himself, Gerry McArdle and Chris Folland to act as the sub-committee. The sub-committee will advertise and meet for discussion on this matter.

Election of 2008 Officers:

Chris Folland nominates Ron Kummer as President and Barb Disser seconds the motion. All are in favor and Ron Kummer is elected President.

Gerry McArdle nominates Jon Fitzenrider as Vice President and Chris Folland seconds the motion. All are in favor and Jon Fitzenrider is elected Vice President.

The Board votes 5-0 to not having a Secretary.

There being no further business to come before the Board, on motion duly made by Chris Folland and seconded by Gerry McArdle, the meeting was adjourned.

The next regular scheduled meeting of the BZA will be held April 21, 2008.

Respectfully submitted,

Laura M. Farquhar

Attachments: Barth-Fausnaugh Finding of Fact