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May 19, 2014 BOARD OF ZONING APPEALS MEETING

TOWN OF SANTA CLAUS

BOARD OF ZONING APPEALS MEETING

May 19, 2014

PRESENT: Board members present:   Bob Grundhoefer, Jim Voges,  and Lynn Winkler.

ABSENT: Board Member absent:  Eric Snow, John Chidester.

Also present:  Phil Brown, Zoning Administrator, Kevin Patmore, Town Attorney and Members of public.

In the absence of the Chairperson and Vice Chairperson, Lynn Winkler, Secretary, called the meeting to order at 6:30 p.m. on Monday, May 19, 2014, at the Santa Claus Town Hall. This meeting was a public hearing.

The minutes of the prior meeting of October 28, 2013 were read.  Bob Grundhoefer made a motion to accept the minutes without correction.  The motion was seconded by Jim Voges and the motion carried 3 to 0.

ELECTION OF OFFICERS:

Chairperson:  Jim Voges made a motion to re-elect John Chidester as Chairperson; the motion was seconded by Bob Grundhoefer and the motion passed by a vote of  3 to 0.

Vice Chairperson:  Bob Grundhoefer made a motion to re-elect Eric Snow as Vice Chairperson; the motion was seconded by Jim Voges  and the motion carried by a vote of 3 to 0.

 

Secretary: Jim Voges made a motion to re-elect Lynn Winkler; the motion was seconded by Bob Grundhoefer; the motion was passed by a vote of  3 to 0.

 

OLD BUSINESS:  None.

 

NEW BUSINESS:

FUHS PROPERTIES, LLC. D/B/A FROSTY’S FUN CENTER REQUESTS VARIANCE OF 15’ SIDE SETBACK REQUIREMENTS IN A COMMERCIAL ZONE

Phil Brown, the Zoning Administrator, stated that notice of the impending meeting had been placed in the local newspapers and that adjacent landowners who were Jerry and Carolyn Fuhs (also the current owners of Frosty’s Fun Center) were notified by Certified Mail and a Return Receipt had been returned.

The property in question is located at 15 S Cedar Lane in Santa Claus.  The property is in the Commercial |Zone.

It was noted that the Town of Santa Claus Comprehensive Plan and Zoning Ordinances paragraph 11.04.046 Commercial District (4). 2. (c) requires a 15’ side setback.

Jerry Fuhs spoke for Frosty’s Fun Center and stated that the property now owned by Fuhs Properties would be divided with the Frosty’s section being sold to a third party and the areas north and south of this parcel would be  retained by Fuhs Properties. This sale of the middle section would put the new owner in violation (on the north side of the section) of the side setback rule of 15’since the miniature golf course currently encroaches into this new setback area by 13.6 feet.

The only adjacent landowner is Jerry and  Carolyn Fuhs, who are the Petitioners, and, therefore, do not have any objection.

No other members of the public made any objections and the public hearing was closed.

Kevin Patmore reiterated the 3 standards that must be met before granting a variance:

 

  1. The approval of the variance will not be injurious to the public health, safety, morals or general welfare of the community.
  2. The use and value of the property in the immediate area to the property on which the variance is requested will not be affected in a substantially adverse manner.
  3. The granting of the variance will not result in practical difficulties in the interest of the property for which the variance is requested.

Jim Voges made the motion that:  Fuh’s Properties LLC, d/b/a Frosty’s Fun Center will be granted a variance to allow the miniature Golf Course to stay 1.4 feet from the property line.  Bob Grundhoefer seconded the motion and the motion passed 3 to 0.

SANTA’S LODGE INC. AND JERRY AND CAROLYN FUHS, OWNERS, REQUEST VARIANCE OF USE OF COMMERCIAL GENERAL REQUIREMENTS FOR INSTALLATION OF AMUSEMENT DEVICES.

Phil Brown, the Zoning Administrator, stated that notice of the impending meeting had been placed in the local newspapers and that adjacent landowners, CLV Properties, Clay and Heidi Kress, Pat and Brenda Arnold, George and Carol Lance, and 5th 3rd Bank, were notified by Certified Mail and Return Receipts had been received.  No objections were received by mail or verbally.

The Public Hearing was opened.

Jerry Fuhs spoke for Santa’s Lodge, Inc which is a 170-bed hotel on this property.  Unlike most towns and cities,  since Santa Claus has a large portion of its land in Amusement Park applications and, therefore, an Amusement Park District, the Commercial Zone does not have any language discussing (allowing or disallowing) amusement devices within the Commercial Zones.

Santa’s Lodge requests the they may be allowed to add four types of amusement devices to their property adjacent to their hotel and outdoor pool for the enjoyment of its guests, other residents of the county, and visitors from outside the area.  These amusement devices include paddleboats on the lake, an “alpine slide’, a bounce house, and four zip lines.

It was noted that letters strongly supporting the installation of these amusement devices were received from Spencer County Chamber of Commerce, Lincolnland Economic Development Corporation, the Spencer County Visitors Bureau and American Electric Power.

A lengthy discussion took place with diagrams, pictures, and drawings being shown.  No members of the public voiced any objections.

Kevin Patmore reiterated the 3 standards that must be met before granting a variance:

 

  1. The approval of the variance will not be injurious to the public health, safety, morals or general welfare of the community.
  2. The use and value of the property in the immediate area to the property on which the variance is requested will not be affected in a substantially adverse manner.
  3. The granting of the variance will not result in practical difficulties in the interest of the property for which the variance is requested.

Bob Grundhoefer made motion to grant the variance of use due to the fact the use is ancillary to a permitted motel operation with a recreational feature in place (the outdoor swimming pool); the variance is limited to the uses proposed:  paddleboats, an ‘alpine slide’, a bounce house, and 4 zip line runs; none of the amusement devices shall be placed south of a line drawn by extending the south edge of the concrete pool deck now existing on the property east to the Christmas Lake Properties Association, Inc. property line.  Jim Voges seconded the motion and the motion passed by a vote of 3 to 0.

There was no other business. Jim Voges made a motion to adjourn,  Bob Grundhoefer seconded the motion, and Lynn Winkler adjourned the meeting at 7:15 pm.

 

Respectfully submitted,