Minutes of the October 3, 2005 Meeting
The meeting was called to order at 7:00 P.M. by President Paul Federspiel. Also
present were Wm. Geiger, Jack McArdle, Larry Armstrong, and Jerry McArdle. Also
in attendance was Bruce R. Snyder, Secretary and Don Stuckey, town attorney.
Additionally there were 10 people in attendance.
The minutes of the June 6, 2005 meeting were read and on motion duly made and
seconded were approved.
President Federspiel passed out to each Commission member the “Indiana Citizen
Planner’s Guide, Part 1, Plan Commission Basics” and ask each member to study
this guide.
Correspondence: A letter from the Clear Lake Board of Zoning Appeals was read by
President Federspiel. This letter was asking that the Plan Commission as well as
the Town Council immediately take steps to codify our zoning ordinance to fully
integrate all recently enacted ordinances. Also to develop a Comprehensive
Development Plan as well a rewriting the Zoning Ordinance to simplify and
eliminate contradiction and inconsistencies that presently exist in the Zoning
Ordinances. Attached to these minutes is a copy of the letter
President Federspiel then read a letter from the Zoning inspector to Mr. Thomas
Ziems regarding the proposed sale of 13 lots in West Bay 1st and 2nd Addition at
Clear Lake, Indiana. These 13 lots would be combined and be sold as 4 tracts. It
was the opinion of the Zoning Inspector that the definition of Lots, Section
154.003, allows such a combination so as to comply with the Ordinance. Attached
to these minutes is a copy of the letter sent to Mr. Ziems.
President Federspiel then read a letter from Bret Ostermeyer concerning the
establishment of a building line for Quiet Harbor Estates. Attached to these
minutes is a copy of the letter sent by Mr. Ostermeyer.
Old Business: Ordinance codification: Jack McArdle stated that he would like to
have all proposed changes to the Code of Ordinance completed before there is any
codification of the Ordinances. President Federspiel suggested that a year end
dead line be set to codify the Ordinances.
Satellite Ordinance: Nothing has been done to date. Don Stuckey, town attorney,
stated that he will have an ordinance prepared by the next meeting.
New Business: Vacation of Platted Roadway. Jeff Smith made a presentation as to
the need to vacate this road way as it affected cottage 416. An Ordinance to
vacate the platted roadway was reviewed by the Commission and on motion duly
made and seconded it was moved to recommend to the Town Council that the
Vacation Ordinance be approved.
Proposed Amendment to Clear Lake Code of Ordinances: Jack McArdle, President of
the Town Council, proposed amending Section 90.17 of the Ordinance to add
following the words “Clear Lake” the following “Round Lake or connecting
channels or waterways” This was referred to the town attorney to prepare the
amendment in proper form.
Clarification of Lot Frontage: Tabled
Foot Print Ordinance: Jack McArdle, President of the Town Council, proposed the
following amendment to Section 154.048 (A)(10) which would add the following
language, “ Where an existing structure has been demolished or destroyed, and
that structure was found to have been lawfully constructed, it shall be
permissible to construct a replacement structure on that footprint provided that
the pre-existing footprint meets the side yard set back requirements and is no
closer that 20 feet to the Clear Lake shoreline”. This proposal was approved and
referred to the town attorney for the purpose a drafting the ordinance in proper
form.
Height of homes: Tabled.
Road cut Ordinance: Tabled. The town attorney will draft a purposed ordinance
and present it to the Town Council.
Garage lot size: No action taken.
Subdivision Control Ordinance: Jack McArdle, President of the Town Council,
proposed the following amendment to the Subdivision Control Ordinance:
Add a new151.17(D) (8) to read “An indication of the availability of access for
fire and emergency services.”
Change 151.17(D)(8) to 151.17(D)(9) and add following “State Board of Health”
the following “,and approval of the Town of Clear Lake Sewer Board stating
that sewer service will be provided:”
Change 151.17(D)(9) to 151.17(D)(10).
Delete 151.17(E)(4)(b)
Change 151.17(E)(4)(c) to 151.17(E)(4)(b).
Change 151.17(E)(4)(d) to 151.17(E)(4)(c)
Change 151.17(E)(4)(e) to 151.17(E)(4)(d)
Change 151.17(E)(4)(e)(5) to 151.17(E)(4)(d)(6)
Add a new 151.17(E)(4)(d)(5) to read, “Where the proposed subdivision is
adjacent to or abuts a body of water controlled by the Indiana Department
of Natural Resources, submit one copy to the Indiana Department of Natural
Resources for approval.
Amend 151.31(B)(2)(f) by deleting “50” and replacing that with “70”.
Delete 151.33 (A)(1) and in its place add “(1) The minimum lot size shall be 2
acres.
Change 151.33(A)(1) to 151.33A(2) and delete the word “size,” following the
word “size”.
Change 151.33(A)(2) to 151.33(A)(3)
Change 151.33(A)(3) to 151.33(A)(4)
Change 151.33(A)(4) to 151.33(A)(5)
Change 151.33(A)(5) to 151.33(A)(6)
Change 151.33(A)(6) to 151.33(A)(7)
Change 151.33(A)(7) to 151.33(A)(8)
Delete 151.52 (B) in its entirety beginning with the words, “or, if… and ending
with the words “State Board of Health”.
The town attorney was instructed to review the proposed changes and draft an
appropriate ordinance incorporating the changes in the ordinance.
The next regular meeting of the Clear Lake Plan Commission will be held on
January 2, 2006 at 7:00 P.M..
It was moved and seconded that a special meeting the Clear Lake Plan Commission
be held on the 1st Monday in November. The motion was passed.
Respectfully submitted:
Bruce R. Snyder, Secretary
***********************
September 30, 2005
Dear Plan Commission Members
In the course of the last year the Board of Zoning Appeals has been asked to be
involved with several matters involving contradictions and interpretations of
the Clear Lake Code of Ordinances. Most recently we were put into a position
where we had to overturn a correct decision made by our Zoning Inspector due to
inconsistencies within our ordinances. A side effect of our decision (to
overturn Bruce Snyder) is now portions of our Zoning Ordinances are no longer
enforceable by Clear Lake’s Zoning Inspector.
Given the ever increasing value of real estate at Clear Lake, the new sewer
system, and the resources of Clear Lake property owners to stretch and challenge
Clear Lake’s Ordinances, we fully expect an increase in sophisticated and
creative challenges. As Clear Lake’s Board of Zoning Appeals we are being asked
to hear cases and render decisions using a Zoning Code that our own lawyers
can’t decipher.
We, the members of the Clear Lake Board of Zoning Appeals, respectfully ask that
the Clear Lake Plan Commission as well as the Clear Lake Town Council
immediately begin the process of codifying our Zoning Ordinances to fully
integrate all recently enacted ordinances. Further, we ask you to consider
developing a Comprehensive Development Plan for the town as well as complete
rewrite of the zoning portion of the Code of Ordinances to simplify and
eliminate the contradictions and inconsistencies. By not acting quickly, Clear
Lake’s town government will continue to frustrate our residents as they attempt
their construction projects and the Town could experience further challenges to
our Zoning Ordinances.
We fully appreciate the amount of work involved in undertaking such projects. If
additional manpower is needed to get an effort afoot, we as board would be
willing to make individual members available to help in this worthy cause.
Thank you for your consideration of our request.
Regards,
Clear Lake Board of Zoning Appeals