PORTER COUNTY BOARD OF ZONING APPEALS Regular Meeting Minutes. October 17, 2012

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1 PORTER COUNTY BOARD OF ZONING APPEALS Regular Meeting Minutes The regular meeting of the was held at 6:30 p.m. on Wednesday, in the Porter County Administrative Center, 155 Indiana Avenue, Suite 205, Valparaiso, Indiana. Debbie Cook presided. Members present were: Tim Cole, Rick Burns, Luther Williams, and Debbie Cook. Also present were Attorney Scott McClure, Kristy Marasco, Fred Siminski, citizens, and representatives of the press. MINUTES: Rick Burns made a motion to approve the September 19, 2012 minutes as submitted. Seconded by Tim Cole. A roll call vote was taken and unanimously carried 4-0. COORESPONDENCE: None. OLD BUSINESS: UV Petition filed by Emmanuel Baptist Church, 760 McCool Road, Valparaiso, IN in the IN, Institutional District. Petitioner requests an extension of a Use Variance to permit a mobile home on the property to be used for a classroom. Mr. John Brewer presented. They are requesting to extend the Use Variance for two more years. This time they have building construction plans, and area in the process of working with Duneland Group. They need to keep the modular building until their new building is complete and they can sell it. They hope to break ground this Spring and if all goes well be completed by October Q: How many times has this been renewed? A: The building has been there for 6 years. Q: How are the fundraising efforts going? A: As scheduled. We expect them to increase once we actually break ground and people see progress being made. Q: When do you plan to break ground? A: We are in the permitting process right now and will start as soon as we can. There are a lot of hurdles to go through. Q: What are the stakes in the backyard for right now? A: Duneland Group put those in but I am not sure what exactly they are indicating. Motion: Rick Burns made a motion to approve UV for a period of one (1) year with the same stipulations as originally granted, and with the understanding that the petitioner will begin construction and may need a short extension after the one year time period. Seconded by Tim Cole. A roll call vote was taken and unanimously carried 4-0. Page 1 of 7

2 UV Petition filed by Darrell Sowles, 242 West 900 South, Hebron, IN in the A1, General Agriculture District. Petitioner requests the extension of a Use Variance to operate a well drilling business with outdoor storage and equipment. Mr. Darrell Sowles presented. He cannot afford to move his business out of his home, and therefore, wishes to extend his Use Variance. Q: Have there been any complaints? A: None. C: It appears that there is more equipment being stored than originally planned. Q: Is there anything that can be done to clean up the area around your father s home? A: I can talk to him, but it is his property and it is separate from my property so I can t just start moving stuff, but I will talk to him. Motion: Rick Burns made a motion to approve UV for a period of one (1) year with the same stipulations as previously granted. Seconded by Tim Cole. A roll call vote was taken and unanimously carried 4-0. NEW BUSINESS: UV Petition filed by H. Glenn Wiles / Jody Musgrave, 920 North, 100 West, Chesterton, IN in the RR, Rural Residential District. Petitioner requests a Use Variance to allow a mobile home to be located on the property for family members to care for the petitioner with deteriorating health. Mr. H. Glenn Wiles and Mr. Jody Musgrave presented. Mr. Wiles states that he has a number of health issues that no longer allow him to be left alone so he needs to have his family reside in a mobile home on his property to help care for him. Public Hearing: Debbie Kerr-Cook asked if any of the public would like to speak in favor of or in opposition of this petition. No one spoke, therefore, the public hearing was closed and questions/comments were heard from the Members. Q: There appeared to be a number of buildings on the property, including two motor homes, why are there so many? A: One motor home is for sale and the other is only a shell that is used for storage. We are working on getting rid of some stuff. Q: What about the piles of dirt? A: We are going to use those to fill in the driveway because we get a lot of water runoff from Saddlebrook subdivision. Q: You are not going to fill in the wetland area, correct? A: Correct, we are not going to fill any of that area, only the driveway. Q: Are you out of the flower business? A: Almost, but not totally. We still do some orders occasionally for special people, etc. We might do 5-10 orders a week at a maximum. C: There were a lot of materials in the yard that we had previously asked to be cleaned up. R: The piles of wood are what we use for heating and cooking. They just haven t been split down yet. Q: Who will live in the trailer? A: Jody Musgrave, his spouse and two children. Q: Who has lived there previously? A: Jody and his wife have lived there since Page 2 of 7

3 C: Trailers are supposed to be temporary. R: Mr. Musgrave noted that he does not have good enough credit to purchase or build a home at this time. C: There needs to be some effort put in to cleaning up the property. R: The property is not visible from the road and the boat, camper, and car trailer are all plated and insured. We are not sure what else would need to be cleaned up. Motion: Rick Burns made a motion to approve UV for a period of one (1) year with the understanding that if the petitioner no longer lives in the mobile home for any reason then the approval is void, and the storage trailer must be removed within ninety (90) days of this meeting. Discussion on the motion: Mr. Musgrave questioned how they are supposed to be able to move the storage trailer because it has been there for more than 20 years, it would have go over the septic, a shed would have to be moved, and the propane tank is the path also. You may have to piece it out, however, there has never been an approval for the storage trailer and we are only giving approval for one trailer so ultimately you may decide which one you keep. Kristy Marasco advised Mr. Wiles that if desired he may apply for a variance for the second trailer. Motion seconded by Tim Cole. A ballot vote was taken and unanimously carried 4-0. UV Petition filed by Ronald Steuer, c/o Todd A. Leeth, Hoeppner Wagner & Evans LLP, 546 South 150 East, Kouts, IN in the A1, General Agriculture District. Petitioner requests a Use Variance to allow the storage of stone and piping used in septic systems, in a General Agriculture District. Attorney Todd Leeth presented. Mr. Steuer operates a septic installation business out of his home. In 1992 he was granted the first of four variances granted over the past 20 years. Although this is considered a new petition, nothing has changed. The original conditions established in 1992 are still being met. In 2007 a condition was placed on the variance for a bush to be removed and it was removed as stipulated. We are now requesting approval of this new variance with those same conditions. Public Hearing: Debbie Kerr-Cook asked if any of the public would like to speak in favor of or in opposition of this petition. No one spoke, therefore, the public hearing was closed and questions/comments were heard from the Members. C: There seems to be a question about a pole barn being on the property without having ever obtained a building permit. R: The building in question has been on the property since 1992 or before. C: It s actually a detached garage that was found to be there last year when the property assessment was performed. R: The ariel photos show the building being there in Q: Why is there no record of a building permit? A: We have no idea, but Mr. Steuer believes he applied for and received a permit. Q: Is there electricity in the building? Page 3 of 7

4 A: Yes. Q: Does it have its own electric service? A: No. C: It was a cement basketball court when Mr. Steuer s children were in high school and then when that use was no longer needed a building was put over the cement pad and it now stores a couple of cars. Q: Should be table this petition until we can research this more? A: Attorney Leeth noted that the issue this evening is the use on the property, and not this building. Even if the permit can t be found it doesn t mean that it wasn t pulled. If it can be determined that Mr. Steuer did not have a permit then we owe you one, but it still doesn t change anything as far as continuing to use the property as he has for the last twenty years. C: If it is determined that a permit is owed then Mr. Steuer will be responsible for any and all permit fees and fines, etc. R: Understood. We have no issue with working with staff to see if a permit was pulled. If there is no evidence then we will work with staff and the County as to what needs to be done. We have been here every five years since 1992 and there has never been an issue but we will definitely look into it more. Q: What is the building used for? A: It stores a couple of cars and there is a poker room upstairs. Q: Is anyone living in the building? A: No, never. Motion: Rick Burns made a motion to approve UV for five (5) years with the stipulation that the new building discovered by the County Tax Department is researched within thirty (30) days of this meeting. At the end of the five (5) year time period a new public hearing will be required. Seconded by Tim Cole. A ballot vote was taken and unanimously carried 4-0. Attorney Scott McClure noted that he and Attorney Leeth will work together on the permit research. UV Petition filed by Chad Nuest, 740 West 50 North, Valparaiso, IN in the RR, Rural Residential District. Petitioner requests a Use Variance to allow a residential home to be built behind an existing accessory structure. Mr. Chad Nuest presented. Mr. Nuest presented the Members with plat plans and photos for their review. He purchased this property in December 2011 with the existing pole barn on it. Currently they are storing all their belonging in the pole barn because it is a very nice building complete with insulation, concrete floors, utilities and heat. They are now ready to begin constructing a single-family home on the property and would like a variance to allow them to keep the existing pole barn where it is and build their home behind it. Public Hearing: Debbie Kerr-Cook asked if any of the public would like to speak in favor of or in opposition of this petition. Mr. Edward Helpen, stated that the Nuest s building their home will be a benefit to the entire neighborhood, and will cause no harm. If made to build it in front of the pole barn there would be no benefit. He is in favor of this petition. Page 4 of 7

5 Mr. Frankie Monahan, stated that building their home will add to the assessed value of the adjacent homes and building behind the pole barn is more in keeping with the neighborhood because most of the homes are built pretty far back from the road. As well, for safety it is better that they not be made to build so close to the road. He is in favor of this petition. Mr. Jim Asbury, stated that the pole barn was never an issue with this property but rather the division of the property that caused the pole barn to be built at the front of the property in the first place. The pole barn is really not visible from the road and it is a very nice looking building. If the house has to be built in front of the pole barn then it will be way to close to the road. Mr. Nuest has a great vision for the property, and he has discussed his ideas with the neighbors and we are in favor of his plan. The issues with the property prior to it being broken up have all been taken care of as well. He is in favor of this petition. Mr. Nuest stated that he is more than willing to work with the neighbors and really only wants to make this property better. It will look very nice, and eventually they may raise a few animals. The public hearing was closed and questions/comments were heard from the Members. Q: Isn t this the property that was before us previously and they were given permission to build the pole barn and were later given an extension? A: Yes, the new property owners would also have to abide by that agreement. We allowed the pole barn to be built because there was an agreement that they would then build the house in front of the pole barn. Q: Will you be running a business from the pole barn? A: No. There are forms sitting there right now because we are ready to break ground. C: Mr. Nuest noted that he was not aware of all the horror stories regarding this property until after he purchased it and began talking with the neighbors. He also did not know about an agreement to build in front of the pole barn. The realtor mentioned a three year extension on the pole barn but that was it. Then he inquired at the County if he could build on this property and was told yes so we moved forward and purchased the property. C: In general, it is not good planning to have a pole barn in front of the house. R: In normal circumstances, I agree, however this property lends itself to this plan. This is the perfect home plan. Otherwise we have to build up and we plan to retire in the home so we are trying to take all things into consideration. Q: What is the plan for the pole barn if approved? A: To leave it there, use it, and perhaps in the future seek approval to add an A-frame addition to the west side to store a motor home. C: Mr. Nuest was presented with a copy of the recorded restrictive covenants for this property which state that if no one built a house in front of the pole barn within three years then the pole barn had to be taken down. When the property was sold those covenants transfer to the new owner and the new owner would need to come before this Board for approval to keep the pole barn. The previous owners were given another two year extension in November 2011 so now you have until November 2013 to build a house in front of the pole barn or tear the pole barn down. So essentially, Mr. Nuest is here asking for two things, one to leave the pole barn as is, and two, to be able to build his house behind the pole barn. R: If the pole barn was not there then we would be attacking this differently, but it is a very nice building so we want to be able to keep it and use it. Page 5 of 7

6 C: We have seen situations where the original accessory building is actually built into the house after the fact. That might be an option. C: A septic study has been done and if the house is built up front we are not sure how that would all work with the septic then. Where we are proposing the house to be built is where the land levels out. We are not sure of what all run across the property. Admittedly, we did not totally understand the recorded agreement. Our request will add value to the property and to move the pole barn would require taking out another forty feet of trees. Q: Can you make the pole barn look like a house? A: I would be happy to put siding on it and install windows if allowed to keep it. Q: Could you come back with a sketch showing the pole barn as more of a house and showing your plan for the motor home addition? A: Yes, but what if we brimmed up the area with red cedars and pine trees so you couldn t even see the pole barn from the road? If it is not visible are siding and windows then necessary? If we blocked the small view would that help? Q: Possibly, but dormers, windows, siding, a porch, etc. is definitely something to think about. C: Mr. Nuest will meet with Staff regarding his options with regard to dressing up the pole barn building, landscape requirements, etc. C: To be clear, you are not allowed to operate any kind of business out of the home or the pole barn. R: I have a concrete business and I have a truck that I drive and sometimes I have a piece of equipment that I may bring home. Is that allowed? A: Receiving phone calls is allowed. A pick-up truck is allowed. But physically running your business, storing equipment, having employees report at this location, etc. is prohibited. You currently have a place for your equipment at a different location and the expectation is that you will remain at that location. Your business or any other business is not allowed. Mr. Jim Hester commented that the affect on the property and the aesthetics of the property if the pole barn is required to be torn down would be worse overall. Siding the pole barn would be fairly simple or adding additional screening would be good too. Mr. Frankie Monahan reported that there is already a neighbor that owns a dump truck business out of his home and he parks his vehicle there overnight, is that okay? Yes. Mr. Nuest requested a continuance of this petition so that may have an opportunity to meet with staff and work out a plan for screening, making improvements to the pole barn, etc. as requested by the Members this evening. Motion: Tim Cole made a motion to continue DV for one month to allow the petitioner an opportunity to meet with staff and work out a plan for screening and dressing up the pole barn, etc. as discussed this evening. Seconded by Rick Burns. A ballot call vote was taken and unanimously carried 4-0. REPORTS & DISCUSSION: None. Page 6 of 7

7 ADJOURNMENT: The regular meeting adjourned at 8:45 p.m. Debbie Kerr-Cook, President Attest: Kristy Marasco Page 7 of 7

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