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

Minutes of the June 15, 2009 Meeting

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

Visitors: 6 people signed the guest register.

The meeting was called to order at 7:00 p.m. by Ron Kummer, President.

President Ron Kummer read the duties and procedure of the Board of Zoning Appeals.

Hearing:

Case 2009-01 Waterfield Capital, LLC want to construct a single family resident at 240 Lake Drive. Richard Waterfield, Managing Member is requesting relief from Clear Lake Zoning Rule 154.046 (A)(1)(b), limiting the height of a home to 27 feet from the top surface of the first floor to the peak of the roof. He is asking for a height of 35 feet.

The Board voted 5-0 to approve relief from Height of Residence 154.046 (A)(1)(b) based on the Findings of Fact.

Mr. Waterfield is also requesting relief from Rule 154.046 (C), limiting garage heights to 17 feet. He is asking for a height of 18 feet.

The Board voted 5-0 to approve relief from Height of Detached Garage 154.046(C) based on the Findings of Fact.

Mr. Waterfield is also requesting relief from Rule 154.048 (B)(2)(e)(2), in no case shall a wall be built in the lake yard. He wants to build a wall 18 inches high in the lake yard.

The Board voted 5-0 to approve relief from Wall in Lake Yard 154.048 (B)(2)(e)(2) based on the Findings of Fact.

Mr. Waterfield is also requesting relief from Rule 154.048 (A)(11), a lake yard shall be the average of the existing neighbor lake yard and the required lake yard of 30 feet. He wants to build an 8 by 10 feet storage shed in the lake yard.

The Board voted 3-2 with Ronald Kummer, Jon Fitzenrider and Chris Folland voting Deny and Gerald McArdle and Eric Tyler voting approve, to deny relief from Lake Yard Setback 154.048 (A)(11) based on the Findings of Fact.

Richard Waterfield gave an explanation of what his intentions are for building on the property at 240 Lake Drive. There was a discussion between Mr. Waterfield, Peter Block who is the architect and the BZA Board members.

President Kummer asked for any public input whether it be for or against the project. There was a brief question and answer discussion.

In his closing statement, Mr. Waterfield stated that he has shown much concern for the lake with his past projects and will with this project as well.

A motion was made by Chris Folland to close the Public Hearing. Eric Tyler seconded the motion. With all in favor of the motion, the motion carried.

There was a discussion between the Board and Mr. Waterfield about the concerns with the storage shed.

Business Meeting:

Minutes of the February 16, 2009 BZA meeting was read by Chris Folland.

A motion was made by Gerald McArdle to approve the February 16, 2009 minutes. Chris Folland seconded the motion. With all in favor, the motion carried.

President Kummer stated that Chris Folland will be the chair to the Committee which will be working on the Rules of the BZA. The other committee members will be Ron Kummer and Jon Fitzenrider.

A motion was made by Gerald McArdle to adjourn the meeting. Jon Fitzenrider seconded the motion. With all in favor, the meeting was adjourned.

The next regular scheduled meeting of the BZA will be held August 17, 2009 at 7:00 p.m.


Attested:


___________________________________
Christopher Folland, Secretary of BZA




Attachments: Waterfield Capital, LLC Finding of Fact
Sign-in sheet
Hand written minutes
Agenda


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