April 25, 2016 BOZA Minutes

TOWN OF SANTA CLAUS

BOARD OF ZONING APPEALS MEETING

April 25, 2016

 PRESENT:

Board members present:   Eric Snow, Frank Fowler, Jim Voges, Bob Grundhoefer  and Lynn Winkler.

ABSENT:

Board Members absent:  none

Also present:  Phil Brown, Zoning Administrator

Kevin Patmore, Town Attorney

Members of public.

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November 24, 2014 BOARD OF ZONING APPEALS MEETING

TOWN OF SANTA CLAUS

BOARD OF ZONING APPEALS MEETING

November 24, 2014

PRESENT:

Board members present:   Eric Snow, Jim Voges,  and Lynn Winkler.

ABSENT:

Board Members absent:  Frank Fowler and  Bob Grundhoefer.

Also present:  Phil Brown, Zoning Administrator, Kevin Patmore, Town Attorney

Members of public.

In the absence of the Chairperson John Chidester who resigned from the Board, the Vice Chairperson, Eric Snow, called the meeting to order at 6:30 p.m. on Monday, November 24, 2014, at the Santa Claus Town Hall. This meeting was a public hearing.

The minutes of the prior meeting of May 19, 2014 were read.  Jim Voges made a motion to accept the minutes without correction.   The motion was seconded by Lynn Winkler and the motion carried 3 to 0.

ELECTION OF OFFICERS:

Since John Chidester had resigned from the Board and Frank Fowler had been appointed by the Town Council to replace him, it was considered necessary to elect another Chairperson.

Lynn Winkler  made a motion to elect Eric Snow as Chairperson and Frank Fowler as Vice Chairperson; the motion was seconded by Jim Voges and the motion passed by a vote of  3 to 0.

OLD BUSINESS:  None.

NEW BUSINESS:

KOCH DEVELOPMENT CORPORATION D/BA  HOLIDAY WORLD REQUESTS VARIANCE ON ORDINANCE REQUIRING PARKING LOTS TO BE COVERED WITH A DUST PROOF SURFACE BY MAY 1, 2016.

 

Phil Brown, the Zoning Administrator, stated that notice of the impending meeting had been placed in the local newspapers and that adjacent landowners  were notified by Certified Mail and  Return Receipts had been returned.   No written responses were made. This is the public hearing.

The properties in question are the parking lots located on CR 700 in Santa Claus, north of Christmas Lake Village and south of highway 245.  The property is in the Amusement Zone.

It was noted that the Town of Santa Claus Comprehensive Plan and Zoning Ordinances paragraph 11.04.021 (7) Amusement District requires all parking lots installed prior to  May 1, 2013 to have a dust proof surface within 3 years, which would be May 1, 2016.

James Oliver, Vice President of Development & Maintenance for Koch Development Corporation spoke for the company. Mr. Oliver spoke at first about problems the company have had in the past which had disturbed some residents in Christmas Lake Village and their attempts at correcting those disturbances:  lighting aimed too directly at housing, lighting staying on too late at night or too early in morning,  replanting 50 trees in the buffer zone which had died.  These issues were not being specifically addressed at this meeting, but were intended to demonstrate  that Holiday World was trying to satisfy its neighboring residents even when it was not required to do so by regulations or ordinances.

To address the issue of paving the Legend Parking lot, aerial pictures of the lot were given to the board members.  These pictures showed the entire lot and its neighbors with the lot divided into 8 boxes of unequal size and drawn in  5 different colors.  Holiday World would like the paving to be applied in this manner:   Blue boxes (which includes the large south area causing the most dust to neighboring residences) in the 2014-15 offseason, Yellow boxes in the 2015-16 offseason, the red box in the 2017-18 offseason, the black box in the 2018-19 off season, and the purple box in the 2019-20 offseason.  This timetable would require a variance from the Board of Zoning Appeals.

The meeting was opened for comments from members of the public.   One member of the public wishes the Board to only give Holiday World a 2- year variance,  instead of the 4-year variance. There were no other questions or comment.  The public hearing was closed.  Eric Snow cannot vote on this variance, since he is an employee of Koch Development Corporation.  Therefore, there was no quorum available for the vote and the issue was tabled until another meeting, which was set for December 15th at 6:00 pm.

There was a discussion to change all future meetings to 6:00 pm for 2015.  It will be discussed at the next meeting.

 

There was no other business. Eric Snow made a motion to adjourn,  Jim Voges seconded the motion, The vote was 3 to 0 in favor and Eric Snow adjourned the meeting at 6:55 pm.

 

Respectfully submitted,

Lynn Winkler, Secretary

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,

October 28, 2013 Board of Zoning Appeals Meeting

TOWN OF SANTA CLAUS

BOARD OF ZONING APPEALS MEETING

October 28, 2013

PRESENT:

Board members present: John Chidester, Bob Grundhoefer, Jim Voges, Eric Snow and Lynn Winkler.

ABSENT:

Board Member absent: None.

Also present: Phil Brown, Zoning Administrator, Kevin Patmore, Town Attorney

Members of public.

John Chidester, Chairperson, called the meeting to order at 6:40 p.m. on Monday, October 28, 2013, at the Santa Claus Town Hall. This meeting was a public hearing.

The minutes of the prior meeting of August 26, 2013 were read John Chidester made a motion to accept the minutes as read. The motion was seconded by Bob Grundhoefer and the motion carried 5 to 0.

OLD BUSINESS:

HOLIDAY WORLD AND SPLASHIN’ SAFARI REQUESTING VARIANCE TO 100′ SETBACK ON A LOT ABUTTING FREEWAY OR ARTERIALS.

On August 26, 2013 a public hearing was occurred in which the above request was discussed at length by the Board. Since two members of the Board recused themselves on that date from the vote, a quorum was not present . This meeting is the first meeting after the August 26th meeting at which the necessary quorum was established.

There was a review of the diagrams and pictures by all members of the Board. Phil Brown stated that the fence between the tunnel and the roadway would be a minimum of 102 feet apart and it was stated that the tunnel was 14′ from the fence.

The meeting was opened for public discussion, but no comments were made.

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.

Lynn Winkler made the motion to grant the variance and it was seconded by Bob Grundhoefer and the motion passed three to 0 with John Chidester and Eric Snow abstaining.

There was no other business. Bob Grundhoefer made a motion to adjourn, Eric Snow seconded the motion, and John Chidester adjourned the meeting at 6:49 pm.

Respectfully submitted,

Lynn Winkler, Secretary OCT. 28, 2013 BOZA Minutes