PORTER COUNTY BOARD OF ZONING APPEALS HEARING OFFICER October 18, 2018 MEETING MINUTES

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1 County Administration Center 155 Indiana Avenue, Suite 311 Valparaiso, IN p: PORTER COUNTY BOARD OF ZONING APPEALS HEARING OFFICER October 18, 2018 MEETING MINUTES LOCATION: County Administrative Center, Ste 205 TIME: 1:00 p.m. 155 Indiana Avenue, Valparaiso IN MEMBERS IN ATTENDANCE Rick Burns, Hearing Officer Kristy Marasco, Assistant Director Kelly Cadwell - Absent Monica Gee Motion: Rick Burns moved to approve the minutes from the September 13, 2018 meeting. Correspondence: Remonstrance letters were sent out this morning. NEW BUSINESS Case: DV Applicant: Kimberly A. Morton Location: 334 East Burdick Road, Chesterton 46304, Jackson Township Zoning: RR, Rural Residential District. Request: To allow for a proposed pole barn to be placed in the front yard and to exceed the maximum height of 20 feet to 24 feet. Kimberly Morton of 1582 Commodore Lane, Porter presented. Jeff Morton was also present. They purchased the property to build their retirement home and to be hobby farmers. Three years ago they planted an orchard. They are now ready to build the home. Because of the shape, contour and a pipeline that goes through the land the house have been positioned so it faces Burdick Road. Where they would like to put the barn is technically in front of the house. It will be between the home and the road. The barn will be used for classic auto storage, RV and farming equipment. Page 1 of 6

2 Mike Wilson 332 East Burdick Road. He would like to know if the pole barn will be located behind his home and what is the distance from the property line. Seeing no one else wishing to speak; Rick Burns declared the Public Hearing closed. Discussion: In answer to Mr. Wilson s question, the barn will be behind his and the Lindell house. The zoning requires 40 from the property line to the building itself. There is no site plan at this time. The house will be built before the barn. They are requesting the variance for the barn now so they know where they can put it before they start on the home. The barn cannot go behind the home because of the septic field. The slope of the land also is problematic. The designer has recommended this placement for the septic. This is a 10 acre lot. They cannot go past the pipeline and the back of the property is wet. Rick Burns suggested switching the septic and barn locations. He would like to continue the case. The applicant should have the soil retested to see if the location of the septic and barn could be switched. If it fails, then it could be considered a hardship. There will not be a business run out of the barn. The height is required for the RV. They also want to put a fence up and need the room to maneuver between the fence and the barn with farm equipment. The beginning of the barn will be parallel with the middle of the neighbor s pool. Motion: Rick Burns moved to continue Case DV Applicant should leave their phone number so Rick Burns can call to meet them at the property. Case: DV Applicant: Michael Koetteritz Location: 60 Morena Terrace, Crown Point 46307, Porter Township Zoning: R1, Low Density Single-family Residential District. Request: To exceed the maximum impervious surface coverage of the lot for a single family home. Michael Koetteritz 1101 McArthur Boulevard, Munster presented. Heather Koetteritz also was present. They are trying to build a ranch house with a basement. Everything has been approved up to this point. The POA has approved their plan. The deck has a roof which counts towards the hard space. The neighbors will not be affected. They need a ranch for his elderly mother to be able to live with them. Andrew Cooper Player Street, Crown Point. The square foot area meets requirements. The roof area is what put it over the limit. He is the builder. Seeing no one else wishing to speak; Rick Burns declared the Public Hearing closed. Page 2 of 6

3 Discussion: Staff does not have a letter from the POA approving this project. Sherri Cullom 63 Morena Terrace. She is president of the POA and they have not approved the project. They have not received sufficient documents to determine if there is a problem or not. Motion: Rick Burns moved to continue Case DV Applicant should present an approval letter from the POA at that time. Case: DV Applicant: Jason Fliege Location: 548 North 450 East, Valparaiso, Jackson Township Zoning: RR, Rural Residential District. Request: To allow for a proposed pole barn to exceed the maximum height of 20 to 24. Jason Fliege 548 North 450 East, Valparaiso presented. Septic location and slope of the land prevents him from placing the pole barn elsewhere. He has been working with a designer from Menards. He has tried to keep it as low as possible but the lowest it can go with this design is 24. He wants to store a camper which needs a 12 ceiling height to get the camper in. He is not putting a driveway in. He will use the path that is there for the farming. He will screen the area. Seeing no one wishing to speak; Rick Burns declared the Public Hearing closed. Discussion: The property drops at the back so it is not possible to put the building back further. The screening is necessary. He does have a business and asked about having customers come to the pole barn for transactions instead of in the home. The intent of the barn is to store equipment. Motion: Rick Burns moved to approve Case DV with the understanding he will screen it on the south side and whatever can be done on the front side. No business is allowed to operate out of the building. It cannot be used as a shooting range. If so, building may be removed by the County at the owner s expense. Case: DV Applicant: Paul F. Schilling Location: 4003 E. Engel Drive, Valparaiso, 46383, Washington Township Zoning: R1, Low Density Single-family Residential District. Request: To allow for a proposed pole barn to be built within the 60 rear setback of Washington Highlands Subdivision, and to exceed the maximum cumulative square footage of all accessory structures (1300 sq. ft). Page 3 of 6

4 Paul Schilling E. Engel Drive, Valparaiso presented. He wants to place a pole barn on the property in the southeast corner. There are trees bordering it. The septic prevents any other location. Michael Abraham 3908 Colonial Drive. He does not see a problem with the location. As long as it is aesthetically built it will be just fine. Seeing no one else wishing to speak; Rick Burns declared the Public Hearing closed. Discussion: The building will match the house. Motion: Rick Burns moved to approve Case DV No business allowed. If so, the building may be removed by the County at the owner s expense. Case: DV Applicant: Alex Kazmierczak Location: 79 South 547 West, Valparaiso, Porter Township Zoning: R1, Low Density Single-family Residential District. Request: To allow for a proposed in-ground pool to be placed in the front yard. Kevin Koros of McMahon and Associates presented. Alex Kazmierczak was also present. They are asking to build a pool and accessory structure in front of the primary residence. The primary residence has already received a permit approval. Excavation has begun. Footings are expected to be poured next week. They have health department approval. The structure will be used for a pool house with a kitchen, bathroom and sink. Seeing no one wishing to speak; Rick Burns declared the Public Hearing closed. Discussion: Rick Burns first concern is that it is so large. It is going to be used for family events instead of using the home. With the location of the septic, this is the most desirable place to put the pool and pool house. This hearing was not advertised for a variance from the height restriction. The max height allowed is 20. If they are asking for 28 6 then it needs to be readvertised. If they redo the plan and get the height to 20 or less they can continue. If they are above the 20 maximum they will need to re-advertise. There was discussion regarding the 15 acre parcel and this is the only location for the septic. Motion: Rick Burns moved to continue Case DV Page 4 of 6

5 Case: DV Applicant: James and Stefanie Stahl Location: 225 South, Hebron 46341, Boone Township Zoning: A1, General Agriculture District. Request: To allow for a proposed one (1) lot Administrative Subdivision: Reduction in the minimum lot area from 10 acres to 8.10 acres Reduction in the minimum lot width from 160 feet to feet To allow an accessory structure to be constructed prior to the primary structure. Jim Stahl 925 South 475 West Hebron presented. Also present was Steve Fleming. He is looking to build a house on the front 3.5 acres and is short by 8 on the roadway frontage. He has 8.54 acres so he is short on the 10 acre requirement. He wants to build the house in March but put a pole barn up as soon as possible. He currently is renting four storage units and the pole barn would let them keep their stuff in it until the house is constructed. Linda Gray W 700 South. She wants to know where the driveway will be. She does not want him to be using her driveway which is an easement. Jim replied they have no intentions of using the back 5 acres. Chuck Davis 241 West 700 South. He questioned the notification process. He has issues with this proposal. It is 8.1 acres. He does not have enough acres or frontage. The Stahls have not taken care of this property. There are six neighbors and himself that built their home first and then did the pole barn. Rick Burns stated there have been exceptions to the 10 acre rule. A-1 Zoning is the only zoning that requires the 10 acres. Jim Stahl replied he was unaware of the 160 frontage when he purchased the property. He had difficulty with the people he had hired to do the work. He expected to be building the home in March. They have submitted the house plans along with the pole barn. He did not have access to equipment that could clean up the property. He hired a farmer to clean it up. This lot is a legal non-conforming parcel. Under the old Code book it was legal. Sheryl Floyd 691 South 275 West. She asked about the 10 acre rule. If she had a piece of property that was 5 acres and a friend wanted to buy it to build a house, would that be approved. It was explained to her that if it was prior to 1983 it would be and if only divided one time. A citizen asked why the 10 acre rule was established. He was told it is a Commissioner decision and was before the time of the present staff. There was discussion regarding the 10 acre rule. Page 5 of 6

6 Seeing no one else wishing to speak; Rick Burns declared the Public Hearing closed. Discussion: The pole barn is located so the back yard is open for the children to play. He also tried to keep it in the same area as the neighbors. Rick Burns said it would be neighborly if he put screening up. Rick Burns has no issue with the acres or frontage but does not see the hardship in putting the pole barn up first. He has purchased trees to use as the screening. Motion: Rick Burns moved to approve Case DV in regard to the reduction in the minimum lot area from 10 acres to 8.10 acres and reduction in the minimum lot width from 160 feet to feet and denied the request to allow an accessory structure to be constructed prior to the primary structure. Pine trees will be planted a minimum of from the corner for 125. Case: UV Applicant: Martha Williams Location: 731 West 350 South, Hebron Porter Township Zoning: CM, Moderate Intensity Commercial District. Request: To allow for a porch addition on an existing legal nonconforming single-family residence located in a CM Zoning District. Michael Williams presented. There is an existing porch. They want to make it an open porch instead of closed in. This is his mother s home. Seeing no one wishing to speak; Rick Burns declared the Public Hearing closed. Discussion: The house used to be a yarn business. That is why it is zoned CM. Motion: Rick Burns moved to approve Case UV There being no further business, the meeting adjourned 2:35 p.m. Kristy Marasco, Assistant Director Rick Burns, Hearing Officer Page 6 of 6