Town Of Clear Lake Indiana
Board Of Zoning Appeals -
Meeting Minutes
Minutes of the February 15, 2010 Meeting
Present: Ron Kummer, President
Gerald
McArdle
Chris
Folland
Eric
Tyler
Bonnie
Brown-alternate
Neal
Blythe, Town Attorney
Bruce
Snyder, Zoning Administrator
Laura
Farquhar, Record the Minutes of the Meeting
Absent: Jon Fitzenrider
Visitors: 9 people signed the guest register.
The meeting was called to order at 7:00 p.m. by Ron Kummer, President.
President Ron Kummer asked Eric Tyler to read the duties and procedure of the
Board of Zoning Appeals.
2010-01 Variance Request for Sailor’s Cove. They are requesting the following
variances:
A. Rule 2.18 requires a lake yard setback of 40 feet. They are
asking for 30 feet.
B. Rule 2.18 limits maximum density of 3 units per acre. They are
requesting 6 units on 1.69 acres.
C. Rule 2.18 limits primary structures to three per lot. They are
asking one per lot with six lots total.
D. Rule 5.57(A) (12) limits decks to four feet from the structure.
They are asking for 14 foot decks.
E. Rule 5.17(D) requires non-porous driveway material. They request
maintaining existing drives.
F. Rule 5.39(A) (1) & (2) requires buffer yards between Multiple
Family and Lake Residential. Since there is a drive on the north side of the
Condominium Association and a drive on the south side of the Lake Residential
area they request no shrubs or trees.
G. Rule 5.39(C) (1) & (2) defines placement of buffers. They
request existing buffers be allowed.
H. Rule 5.40 (B) requires improvement location permits to place
outdoor lights in zoning district MR. They are requesting no ILP be required as
in zoning district LR..
I. Rule 5.40 (D) Requires an ILP for outdoor lighting types in
zoning districts MR. They request outdoor lighting types be allowed as in zoning
district LR.
The Board agreed unanimously that the BZA rules, which require floor plans and
elevation, be suspended except for D, H, and I.
A motion was made by Chris Folland to suspend the Regular Meeting and open the
Public Hearing. Eric Tyler seconded the motion. All were in favor of the motion,
so the motion carried.
Terry Cornelius was present to represent the people of Sailor’s Cove. He went
over each variance request and the reasons for the requests. There was
discussion between the Board and Mr. Cornelius on each variance requests.
President Ron Kummer asked if there were any comments for or against the
variance requests from the audience. Mr. Ostermeyer of 1222 Lake Drive asked for
clarification on the rules for buffering. The Board responded to his questions.
There were no other question from the audience so the Board asked questions and
Mr. Cornelius responded.
The Board voted 5-0 to approve the variances based on the Findings of Fact and
decided that the variances would run with the land forever.
A motion was made by Chris Folland to suspend the rule of applying for a permit
within one year. Jerry McArdle seconded the motion. With all in favor of the
motion, the motion carried.
A motion was made by Chris Folland to close the Public Hearing. Jerry McArdle
seconded the motion. With all in favor of the motion, the Public Hearing was
closed.
Administrator Appeal 2010-02 Larry Cutshall is appealing the Zoning
Administrator’s decision to deny an ILP application to build a new home at 1140
Lake Drive. The application was denied because the Zoning Administrator was
unable to determine if the lot was a corner lot or a through lot.
The Board voted 4-1 (no - Jerry McArdle) to modify and affirm based on the
Findings of Fact that the lot located at 1140 Lake Drive shall be considered a
through lot with the following additional requirement:
• There shall be a 25 foot setback on the entire western boundary of the lot.
• There shall be a 25 foot setback from the southwest corner traveling 88 feet
east along the southern boundary.
President Ron Kummer asked that everyone take a minute to look over the Minutes
for the November 3, 2009 meeting.
A motion was made by Bonnie Brown to accept the minutes as presented. Jerry
McArdle seconded the motion. With all in favor of the motion, the Minutes were
passed.
A motion was made by Chris Folland to appoint the same
officers to the BZA that was previously elected. Jerry McArdle seconded the
motion. With all in favor of the motion, the previous officers will remain as
they were last year.
Ron Kummer will remain President, Jon Fitzenrider will remain Vice President and
Chris Folland will remain as Secretary.
A motion was made by Chris Folland to keep the BZA meetings as previously
published. Eric Tyler seconded the motion. With all in favor of the motion the
meetings will be held on the third Monday of February, April, June, August,
October, December and February 2011 at 7:00 p.m.
A motion was made by Chris Folland to adjourn the meeting. Bonnie Brown 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 April 19, 2010 at
7:00 p.m.
Attested:
___________________________________
Christopher Folland, Secretary of BZA
Attachments: Findings of Fact for Cutshall
Findings of Fact for Sailor’s Cove
Sign-in sheet
Hand written minutes
Agenda
Notices for Public Hearings
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