Town Of Clear Lake Indiana
Board Of Zoning Appeals -
Meeting Minutes
Minutes of the June 16, 2008 Meeting
Present: Ron Kummer, President
Barb
Disser (Alternate)
Gerry
McArdle
Jon
Fitzenrider
Erik
Weber, Town Attorney
Laura
Farquhar, Record the Minutes of the Meeting
Absent: Chris Folland
Visitors: Five 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 2008-03 Jeff Neuhauser, 694 Lake Drive, Clear Lake is requesting relief
from Clear Lake Zoning Rule 154.048 (B)(2)(e)(1) fences shall not exceed four
feet in height. They wish to build a six foot fence surrounding a spa.
President Kummer pointed out that there have not been any letters received at
the Clear Lake Town Hall pertaining to this matter, whether it in favor of or
against.
Jeff Neuhauser, who was present, put in a 7x7 hot tub spa and needs the higher
fence for a sound barrier and privacy. Mr. Neuhauser is not aware of any
neighbors objecting to the fence, which is already in place.
President Kummer asked for any public input on the matter. There was a brief
discussion and Bruce Snyder; Zoning Inspector spoke on the matter.
President Kummer pointed out that landscaping around the area could be an option
as well.
President Kummer asked for findings of facts.
Legal Notice: finding that notice was published in the Herald Republican
Newspaper on June 6, 2008. Notice was mailed certified to adjoining land owners
at least 10 days prior to meeting.
4 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.
4 votes WILL NOT 0 votes WILL
Use or value of adjacent property not adversely affected: there is no evidence
that neighboring property owners will be adversely affected.
4 votes WILL NOT 0 votes WILL
Strict application results in practical difficulties: the restrictions on the
height of the fence will result in practical difficulties to Petitioner due to
inadequate privacy and sound barrier protection at four feet height.
4 votes WILL 0 vote WILL NOT
Conditions: No conditions were added.
President Kummer polled the Board. By vote of 4-0 the request was approved.
Mr.s Kummer, Fitzenrider, McArdle and Ms. Disser voted to approve.
Case 2008-04 Hugh Taylor of 1010 Lake Drive, Clear Lake is requesting relief
from Clear Lake Zoning Rule 154.048 (B)(2)(e)(2), in no case shall a fence be
located with in the lake yard. He requests a variance for safety reasons.
President Kummer asked for any public input on the matter.
Mr. Taylor presented the Board with pictures of the fence in question and has
taken out one section of the fence to get within 30 feet from the water. Those
in the audience spoke in favor of the fence for the sake of child safety. There
was a brief discussion.
President Kummer pointed out that there have not been any letters received at
the Clear Lake Town Hall pertaining to this matter, whether it in favor of or
against.
President Kummer asked for findings of facts.
Legal Notice: finding that notice was published in the Herald Republican
Newspaper on June 6, 2008. Notice was mailed certified to adjoining land owners
at least 10 days prior to meeting.
4 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.
4 votes WILL NOT 0 votes WILL
Use or value of adjacent property not adversely affected in substantially
adverse manner: there is no evidence to suggest any adverse affect on adjoining
property owners.
4 votes WILL NOT 0 votes WILL
Strict application results in practical difficulties in the use of Petitioners
property: the petitioner will be able to construct a fence that provides safety,
yet does not encroach on the required lake yard more than 2.5 feet. The safety
of area is greatly improved.
4 votes WILL 0 vote WILL NOT
Conditions:
1. A certification of the decision shall be created and recorded at the office
of the Steuben County Recorder.
2. The fence height shall be a minimum of 42 from contour of land.
3. Fencing design must meet rail specifications for residential code rails,
except height.
4. Petitioner shall create a barrier between the end of the fence and the
Westside of the retaining wall on both the lakeside and the roadside of the
property.
President Kummer polled the Board. By vote of 4-0 the request was approved.
Mr.s Kummer, Fitzenrider, McArdle and Ms. Disser voted to approve.
Business Meeting:
Minutes of the February 18, 2008 BZA meeting was read by Board member, Barb
Disser. The minutes were approved with changes.
A motion was made by Jon Fitzenrider and seconded by Barb Disser. All in favor
so the motion carried.
Old Business:
There have been changes made to the Board Rules which state that, all
applicants or their representative for both variance and appeal hearings must be
present. Failure to appear may result in denial of your request.
This will be added to the application packet as well as the Board Rules.
A brief discussion followed.
The Board voted 4-0 to make these changes.
There was further discussion and the Board tabled the matter of further changes
until a later time.
A motion was made by Jon Fitzenrider to adjourn the meeting at 8:40 p.m. Gerry
McArdle seconded the motion. All in favor so the meeting was adjourned.
The next regular scheduled meeting of the BZA will be held August 18, 2008.
Respectfully submitted,
Laura M. Farquhar
Attachments: Jeff Neuhauser Finding of Fact
Hugh Taylor Finding of Fact