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

Minutes of the November 3, 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: 10 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.

Ken Fankhauser gave an explanation of what he wants to do at 375 Lake Drive.

A motion was made by Gerald McArdle to recess the Business Meeting. Chris Folland seconded the motion. With all in favor of the motion, the motion carried.

A motion was made by Eric Tyler to open the Public Hearing. Gerald McArdle seconded the motion. With all in favor of the motion, the motion carried.

President Kummer asked if there were any comments from the audience. Audience members that commented spoke in favor of the project.

A motion was made by Chris Folland to close the Public Hearing for Ken Fankhauser. Gerald McArdle seconded the motion. With all in favor of the motion, the motion carried.

A motion was made by Chris Folland to re-open the Business Meeting. Gerald McArdle seconded the motion. With all in favor of the motion, the motion carried.

Hearing:

Case 2009-04 Ken Fankhauser wants to add three pillars to a stone fence with end posts 57 inches tall to match existing posts. Mr. Fankhauser is requesting relief from Clear Lake Zoning Rule 5.23(D), maximum height of fence.

The Board voted 5-0 to approve relief from Maximum Height of Fence 5.23(D) based on the Findings of Fact with no conditions.

Case 2009-03 Miller Family Partners Limited wants to construct a single family resident at 962 Lake Drive. They are requesting relief from Clear Lake Zoning Rule 2.14, minimum Street Yard setback of 25 feet. They are asking for a setback of 19 feet and 3 inches.

Miller Family Partners Limited also requesting relief from Rule 5.59 (A)(12)(b), limiting elevated decks from extending into a required setback by up to 4 feet. They are asking for a deck extending into the required lake yard by 10 feet.

Bruce Snyder, Zoning Inspector addressed the definition of Building Envelope
(page 11-6) in the new UDO. Neal explained his interpretation of the definition. There was a discussion on building in the view shed and building envelope.

There were three different surveys with possible view shed and established building lines presented to the BZA members.

A motion was made by Chris Folland to accept the survey marked as #2 for the established building line. Jon Fitzenrider seconded the motion. With Gerald McArdle and Eric Tyler voting Nay, the motion passed with a 3-2 vote.

According to survey #2, no variance is required for constructing a deck in the lake yard.

A motion was made by Chris Folland to recess the Business Meeting. Gerald McArdle seconded the motion. With all in favor of the motion, the motion carried.

A motion was made by Chris Folland to open the Public Hearing for Miller Family Partners Limited. Gerald McArdle seconded the motion. With all in favor of the motion, the motion carried.

President Kummer asked for any comments from those in the audience. Tom Eckrich, Dr. Bryon Stephens and Bob Lewis spoke on the matter.

A motion was made by Gerald McArdle to close the Public Hearing for Miller Family Partners Limited. Eric Tyler seconded the motion. With all in favor of the motion, the motion carried.

A motion was made by Gerald McArdle to re-open the Business Meeting. Chris Folland seconded the motion. With all in favor of the motion, the motion carried.

President Kummer read letters that were submitted by neighbors.

There was a discussion amongst the Board on what setback to allow to put the home as even with the neighbor as possible. They unanimously decided to go with what is on the drawing presented with the variance application.

The Board voted 5-0 to approve constructing a residence 18 feet 6 inches from the street, based on the Findings of Fact with the condition that” no parking in street yard shall be permitted”.

Business Meeting:

Minutes of the June 15, 2009 and August 17, 2009 BZA meetings was read by Jon Fitzenrider.

A motion was made by Chris Folland to approve the June 15, 2009 minutes. Gerald McArdle seconded the motion. With all in favor of the motion, the motion carried.

A motion was made by Gerald McArdle to approve the August 17, 2009 minutes. Eric Tyler seconded the motion. With all in favor of the motion, 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 Chris Folland to adjourn the meeting. Gerald McArdle seconded the motion. With all in favor of the motion, the meeting was adjourned.

The next regular scheduled meeting of the BZA will be held December 21, 2009 at
7:00 p.m.


Attested:


___________________________________
Christopher Folland, Secretary of BZA




Attachments: Miller Family Partners Limited Finding of Facts
Ken Fankhauser Finding of Facts
Sign-in sheet
Hand written minutes
Agenda


lmf