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June 22, 2015 APC Meeting

Date: 6-22-2015

Meeting called to order: 5:30 pm CDT

Members Present: J. Stillman, K. Burke, R. Luthy R. Grundhoefer, S. Clark

Members Absent: S. Elliott, J. Voges

Also Present: P. Brown, K. Patmore, representatives of Hassfurther Farms, Representatives of Verizon Wireless, Mr. and Mrs. Darrel Mullis

Review of Minutes: Stillman presents for approval, minutes from May 18, 2015 meeting. Motion to approve minutes made by Grundhoefer, second by Clark. Motion carries.

Old Business: None

New Business: Note: Two separate Public Hearings will be held tonight.

Public Hearing #1- Re: Rezoning of property for Verizon Wireless cell tower. Zoning request is to have property rezoned from A {Agricultural} to AM {Amusement}.

Hearing open at 5:32 p.m. CDT. Commission President explains purpose of hearing. Comments from the floor:

Mullis complains that the tower sits adjacent to his property, and feels it is an eye sore. Mullis also wants to know why it has to be re-zoned to AM? Commission President explains that it is keeping with existing “park.” Mullis continues that, Southern Indiana Power did not get an easement for electric transmission line on the west side of Highway 162. It is explained that this issue is beyond the scope of this hearing. Mullis inquires as to the size of the property affected. It is explained as 1 Ac.+/-.

With no further comments, a vote is taken as to whether a favorable, unfavorable, or no recommendation will be given to the Town Council regarding the re-zone request. Stillman motions to give a favorable recommendation for the zoning request, and Burke seconds. Motion carries.

With no further business, Burke motions to close Public Hearing #1, Grundhoefer seconds. Motion carries. Hearing closed at 5:41 p.m.

Public Hearing #2- Re: Re-wording of Chapter 11.04.070, Re-Zoning, Subpart (1) Application; of the Comprehensive Plan, Zoning Ordinance, and Subdivision Regulation. This section describes in part, “…. may propose re-zoning by completing the … application and filing with the Commission at least 30 days prior its next regularly scheduled meeting…”

With no further public comment, a vote is held as to whether a favorable, unfavorable, or no recommendation will be given to the Town Council on removing the, “ 30 days prior” requirement. Stillman moves that a favorable recommendation be given, and Grundhoefer seconds. Motion carries. Burke motions, and Clark seconds to close hearing. Motion passes, hearing closed at 5:55 p.m.

It has come to the attention of the Commission that a recent Supreme Court decision, relating to sign restrictions or “sign content,” could impact current zoning requirements in the Town of Santa Claus. After Patmores’ review it is found that current ordinance is not impacted by the court’s decision.

It has also come to the Commissions attention that some CLV residents are carrying out “construction” activities without first obtaining the appropriate permits from either village or town officials. Commission member Clark asks if CLV as a “private entity” is required to get a permit through the Town? The answer is, yes.

With no further business, a motion to adjourn is made by Grundhoefer, second by Clark. Motion carries, adjournment is at 6:08 pm.