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

Minutes of the August 18, 2008 Meeting

Present: Ron Kummer, President
             Gerald McArdle
             Jon Fitzenrider
             Chris Folland
             Mike Long
             Neal Blythe, Town Attorney
             Laura Farquhar, Record the Minutes of the Meeting

Absent: None

Visitors: Eleven 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 2008-05 Judy Bauman, 712 Lake Drive, Clear Lake is requesting relief from Clear Lake Zoning Rule 154.048 (A)(10), limiting lake yards to the average of the two lake yards on either side. They wish to build a home at 596 Lake Drive with an impervious deck extending 5 feet into the required lake yard.

Judy Bauman was present and gave a brief description of what she intends to do with the property at 596 Lake Drive. Ms. Bauman presented a color photo to the Board for a visual of where the deck will be located on the property. Ms. Bauman also explained that the deck will be enclosed underneath for storage purposes.

President Kummer read a letter presented to him by Rick Eckert (598 Lake Drive) which states that he and the neighbors on both sides are in favor of the Bauman’s project. Mr. Eckert also stated that he was appreciative of the Bauman’s taking the time to apply for the variance because by building the deck in the manner intended it will improve the view of the lake for the neighbors.

President Kummer asked for any other input on the matter. There was a brief discussion and Bruce Snyder; Zoning Inspector spoke on the matter.

President Kummer asked for any questions from the Board members. Gerald McArdle wanted to know if there was going to be an entrance from the home to the storage area because the drawings do not show there being one. Ms. Bauman explained that they would like to add one.

President Kummer asked Ms. Bauman to explain why they are building in the manner presented. She explained that it was to help control storm water drainage.

President Kummer closed the hearing and asked for findings of facts.

President Kummer polled the Board. By vote of 4-1 the request was approved. Mr.’s Fitzenrider, McArdle, Long and Folland voted to approve. President Kummer voted to deny.

Case 2008-06 Donald Dresser, 606 Lake Drive, request relief from Clear Lake Zoning Rule 154.048(B)(2)(d), limiting a deck extending from the main floor to not more than 16 feet into the lake yard provided the width of the side yard is not reduced to less than 5 feet. He wishes to extend a deck 20 feet 3 inches into the lake yard.

Mr. Dresser was present and gave a brief description of what he intends to do with the property at 606 Lake Drive.

President Kummer asked if there was anyone in the audience that wishes to speak on the matter. Derold Covell stated that he built the garage for Mr. Dresser but is not involved in the building of the deck.

After a brief discussion it was stated that there was not an Improvement Location Permit issued for this project.

A motion was made by Chris Folland to table the matter until the Board has a complete application which states the set back of adjoined neighbors. Gerald McArdle seconded the motion. All in favor so the motion carried.

There was a brief discussion between the Board members and Neal Blythe on the interpretation of the Zoning Ordinance. The Board made a formal request for an opinion on the interpretation of the Zoning Ordinance that explains setbacks.

Business Meeting:

Minutes of the June 16, 2008 BZA meeting was read by Laura Farquhar.

A motion was made by Jon Fitzenrider to approve the June 16, 2008 minutes. Chris Folland seconded the motion. All in favor so the motion carried.

Old Business:

There was no old business that needed to be discussed.

A motion was made by Gerald McArdle to adjourn the meeting at 8:40 p.m. Mike Long seconded the motion. All in favor so the meeting was adjourned.


The next regular scheduled meeting of the BZA will be held October 20, 2008 at
7:00 p.m.


Attested:


___________________________________
Gerald McArdle, Secretary of BZA



Attachments: Judith Bauman Finding of Fact