BOZA Minutes April 24, 2017

TOWN OF SANTA CLAUS
BOARD OF ZONING APPEALS MEETING
April 24, 2017

 PRESENT:

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

ABSENT:

Board Members absent:  None.

Also present:    Aaron Burke, the  new  Zoning Administrator

Kevin Patmore, Town Attorney

Many members of the public.

Eric Snow called the meeting to order at 6:07 p.m. at the Santa Claus Town Hall.

ELECTION OF OFFICERS:

Bob Grundhoefer made a motion to re-elect all officers as before.  Jim Voges seconded the motion.

Chairperson:  Eric Snow; Vice Chairperson:  Bob Grundhoefer; Secretary:  Lynn Winkler.

The motion passed by a vote of 5 to 0.

The minutes of the prior meeting of October 24, 2016 were read.  Bob Grundhoefer made a motion to accept the minutes.  The motion was seconded by Frank Fowler and the motion carried 5 to 0 with no corrections.

NEW BUSINESS:  None

OLD BUSINESS :

HISTORIC SANTA CLAUS CAMPGROUND SECOND APPLICATION FOR SPECIAL EXCEPTION FOR ADVERTISING DEVICE (i.e. Billboard)

The original application for the Special Application was submitted in October of 2016 and was denied at the October 24, 2016 meeting.

This was the Public Hearing for this Special Exemption for an Advertising Device (billboard) and is not on the petitioner’s land.   This land is located in the Agricultural Zone on State Highway 162 E across from the intersection of 162 and CR625 E and would be located on property owned by Ruth Gellersen on the “Hanning” property.  Aaron Burke had served notice by certified mail and publication as required by law.  There were no replies.  It should be noted that the land across the highway is not in the Town of Santa Claus.

It also should be noted that the billboard is meant to direct auto traffic (destined for the Campground)  coming from the west on SR 162 to turn left onto CR 625E and head north directly to the campground and avoid going out of the way through the Town of Santa Claus and therefore avoiding Holiday World traffic.

The Historic Santa Claus Campground represented in person by  Ken Schaaf wished to replace a ‘sign’ (actually an Advertising Device under current code) that was destroyed in a storm over a year ago, which does not meet current town rules nor State laws, but had been grandfathered before the storm. This ‘sign’ would be a 4’ X 6’ directional device (a.k.a.  billboard ) and be made of white plastic with black and red lettering.  Mr. Schaaf  handed out a picture of the Ad device and spoke to the Board about the history of the Santa Claus Campground and its relationship with the Town of Santa Claus including giving the Town permission to erect a large ‘sign’ on its property on State Highway 245 and maintaining the town’s device at the Campground’s time and expense.

A discussion ensued which went over the specifics of the issue.  It is the Board’s understanding that in addition to the negative view of  this type of  advertising device  in the Town Comprehensive Plan, that the Town leaders had in the past specifically disallowed the use of such billboards on nearby lands, and had even had them removed.

Many members of the public spoke in favor of the Advertising Device.  The reasons the public members gave in support of the erection of the device include:

  • It is a beautiful and well-made device.
  • The Santa Claus Campground is an historic site.
  • The Campground is a religious institution.
  • The Campground is non-profit.
  • Safer for less auto traffic to travel near Holiday World and downtown Santa Claus.
  • To allow the Special Exception shows the Board to be community-spirited and neighborly.
  • To deny the Special Exemption is just mumbo-jumbo and legalese.
  • The ‘sign’ should be grandfathered.
  • The Board of Zoning Appeals just doesn’t want to be kept busy with future appeals that would come up due to an agreement for the Special Exception.
  • Since it is small and a directional sign, it should be in a separate category from Ad Devices (billboards).
  • It is just commonsense to allow the ‘sign’.

It was noted by Kevin Patmore that granting a Special Exception for content or for a religious or non-profit group only would be a violation of the Constitution.  Mr. Patmore also went over the different legal definitions of a ‘sign’ vs an ‘Advertising Device’.

Lynn Winkler, member of the Board, suggested that the supporters could request that the Town Council modify the ordinance to allow that device and similar devices to be erected in the Town.

It was noted by the Jeff Stillman, attending as a member of the public, that the Campground could get a directional sign from INDOT and have it put on SR162 in the highway right-of-way—much, much closer to the highway than the proposed advertising device.  Mr. Stillman also went over the process by which the Town and its Planning Commission would go through to modify the ordinance.

Eric Snow closed the public hearing when there were no further comments.

Kevin Patmore went over the findings that must be met before a Special Exemption can be granted:

  • The establishment, maintenance or operation of the special exception will not be injurious to the public health, safety, or general welfare of the community.
  • The special exception will not affect the use and value of other property in the immediate area in a substantially adverse manner.
  • The establishment of the special exception is consistent with the character of the district (particularly that area immediately adjacent to the special exception) and the permitted land use.

Lynn Winkler made the motion to deny the Special Exception based on #3 above: ‘That the advertising device is inconsistent with the permitted land use.’    Eric Snow seconded the motion.  The vote to deny carried 5 to 0.

There was no other business. Eric Snow made a motion to adjourn, Frank Fowler seconded the motion and the Board voted 5 to 0 to adjourn at 7:08 pm.

Respectfully submitted,

Lynn Winkler, Secretary

BOZA Minutes Oct. 24, 2016

TOWN OF SANTA CLAUS
BOARD OF ZONING APPEALS MEETING
October 24, 2016

 PRESENT:

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

ABSENT:

Board Members absent:  Jim Voges.

Also present:     Phil Brown, Zoning Administrator

Kevin Patmore, Town Attorney

Member of public.

Eric Snow called the meeting to order at 6:00 p.m. at the Santa Claus Town Hall.

The minutes of the prior meeting of September 19, 2016  were read.  Bob Grundhoefer made a motion to accept the minutes.  The motion was seconded by Frank Fowler and the motion carried 4 to 0 with no corrections.

NEW BUSINESS:

HISTORIC SANTA CLAUS CAMPGROUND APPLICATION FOR SPECIAL EXCEPTION FOR ADVERTISING DEVICE

This was the Public Hearing for this Special Exemption for an Advertising Device (billboard) and is not on the petitioner’s land.   This land is located in the Agricultural Zone on State Highway 162 E across from the intersection of 162 and CR625 E and would be located on property owned by Ruth Gellersen on the “Hanning” property.   Phil Brown  had served notice by certified mail and publication as required by law.  There were no replies.

The Historic Santa Claus Campground represented in writing by  Ken Schaaf wished to replace a sign that was destroyed in a storm last year. This sign would be a 4’ X 6’ directional sign and be a white plastic sign with black and red lettering.  Ms. Gellersen wrote a letter supporting the placement of this Advertising Device on her property.

A discussion ensued which went over the specifics of the issue .  It is the Board’s understanding that in addition to the negative view of  such Advertising devices  in the Town Comprehensive Plan, that the Town leaders had in the past specifically disallowed the use of such billboards on nearby lands, and had even had them removed.

No members of the public spoke. The public meeting was closed.

It was noted by the Board that the Campground could get a directional sign from INDOT and have it put on SR162 in the highway right-of-way—much, much closer to the highway than the proposed advertising device.

Kevin Patmore went over the findings that must be met before a Special Exemption can be granted:

  • The establishment, maintenance or operation of the special exception will not be injurious to the public health, safety, or general welfare of the community.
  • The special exception will not affect the use and value of other property in the immediate area in a substantially adverse manner.
  • The establishment of the special exception is consistent with the character of the district (particularly that area immediately adjacent to the special exception) and the permitted land use.

Lynn Winkler made the motion to deny the Special Exception based on #3 above: ‘That the advertising device is inconsistent with the permitted land use.’    Frank Fowler seconded the motion.  The vote carried 4 to 0.

There was no other business. Bob Grundhoefer made a motion to adjourn, Frank Fowler seconded the motion and the Board voted 4 to 0 to adjourn at 6:27 pm.

Respectfully submitted,

Lynn Winkler, Secretary

BOZA Minutes Sept. 19, 2016

TOWN OF SANTA CLAUS
BOARD OF ZONING APPEALS MEETING
September 19, 2016

 PRESENT:

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

ABSENT:

Board Members absent:  Jim Voges.

Also present:     Phil Brown, Zoning Administrator

Kevin Patmore, Town Attorney

Members of public.

Eric Snow called the meeting to order at 6:00 p.m. at the Santa Claus Town Hall.

The minutes of the prior meeting of April 26, 2016  were read.  Bob Grundhoefer made a motion to accept the minutes.  The motion was seconded by Frank Fowler and the motion carried 4 to 0 with one correction.

NEW BUSINESS:

VERIZON WIRELESS/PARALLEL INFRASTRUCTURE  APPLICATION FOR SPECIAL EXCEPTION.

This was the Public Hearing for this Special Exemption.  It was noted that  action is required on a request by Verizon Wireless to locate a permanent cellular tower on land in Section 36, Township 5 South, Range 5 West, across IN 162 from Holiday World’s employee parking lot in place of the temporary tower that is now located on that property.  This land is located in the Amusement Zone.   Phil Brown  had served notice by certified mail and publication as required by law.  There were no replies.

Elizabeth Williams, Land Planner for Clark Quinn et. al.  represented  the owner,  Parallel Infrastructure, and the primary leaseholder, Verizon Wireless, at this meeting.  It was noted that other carriers besides Verizon may eventually  be located on the tower.  It was also noted that the temporary tower will remain until the permanent structure is completed and in working order and then it will be taken down.

A short discussion ensued which went over the specifics of the issue .

Members of the public spoke in favor of the project.

Kevin Patmore went over the findings that must be met before a Special Exemption can be granted:

  • The establishment, maintenance or operation of the special exception will not be injurious to the public health, safety, or general welfare of the community.
  • The special exception will not affect the use and value of other property in the immediate area in a substantially adverse manner.
  • The establishment of the special exception is consistent with the character of the district (particularly that area immediately adjacent to the special exception) and the permitted land use.

Eric Snow abstained from the vote, because of Snow’s employment by Koch Development Corporation (dba Holiday World), which owns the land.  Lynn Winkler made the motion to approve the Special Exception as requested.   Bob Grundhoefer seconded the motion.  The vote carried 3 to 0.

VERIZON WIRELESS/PARALLEL INFRASTRUCTURE  APPLICATION FOR VARIANCE FOR TOWER.

The Town of Santa Claus Comprehensive Plan , Amusement Zone, para 11.04.047 (4) N requires that any structure in the Amusement Zone must have a setback of not less than the height of the structure.  The tower being built has 199’ including the lighting rod, which is higher than the setbacks.

Elisabeth Williams is continuing to represent the owner and tenant of the tower.  She noted that the tower construction meets FCC and FAA guidelines.

A short discussion took place.

Kevin Patmore reiterated the  standards that must be met before granting a Variance of  Use:

  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 need for variance arises from some condition peculiar to the property involved.
  4. The strict application of the terms of the Zoning Ordinance would result in an unnecessary hardship in the use of the property for which the variance is sought; and,
  5. The approval does not interfere substantially with the Town Comprehensive Plan.

Eric Snow abstained from voting due to his employment with Koch Development Corporation.  Lynn Winkler made a motion to grant the variance.  Frank Fowler seconded the motion and the Board voted 3 to 0 to grant the variance of use.

—————

Note that Frank Fowler left the meeting at this time, leaving three Board members still present.

SANTA’S COTTAGES LLC/PAT AND BRENDA ARNOLD NONCONFOMING USE VARIANCE

Pat Arnold spoke for Santa’s Cottages.  He stated that passersby cannot see the entrance to the cottages.  The Comprehensive Plan requires an 50’ setback for a sign and they wish to set the sign back 5’ from the property line on State highway 162 at 1405 W Christmas Boulevard.  Santa’s Cottages owns about 1000’ of road frontage and this would be the only sign.  He also stated that due to a water line and a sewer line and the creek, this leaves them a limited area to place the sign.  Detailed descriptions and pictures of the sign were distributed.

A short discussion ensued.  The public hearing was closed.

Phil Brown said notices had been sent to neighbors and there were no negative responses.

Kevin Patmore reiterated the  standards that must be met before granting a Variance of  Use:

  1. The approval of the variance will not be injurious to the public health, safety, morals or general welfare of the community.
  1. 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.
  2. The need for variance arises from some condition peculiar to the property involved.
  3. The strict application of the terms of the Zoning Ordinance would result in an unnecessary hardship in the use of the property for which the variance is sought; and,
  4. The approval does not interfere substantially with the Town Comprehensive Plan.

Lynn Winkler made a motion to grant the variance.  Bob Grundhoefer seconded the motion.  The vote was 3 to 0 to grant the motion.

FARM BUREAU INSURANCE AND SCOTT STROBEL REQUEST VARIANCE ON SIGN ORDINANCE IN A COMMERCIAL DISTRICT

The property is located at 94 W Christmas Boulevard in Santa Claus and is part of a property owned by TW—SC which is owned by Greg Turner.  Mr. Turner gave written notice that he had approved the signage on his property for the April 2016 meeting.

Section 11.04.046 C Commercial (4) Development Standards (c) Minimum Setback Lines states that the Front Yard should have minimum 50’ setback.   Section 11.04.060 Signs & Advertising Devices (4) C,I, & AM Zones states that only one sign shall be permitted on each Lot.

Farm Bureau Insurance wished to put a large, illuminated sign within 10’ of their Christmas Boulevard lot line.  In addition, there was already a large sign near the parking lot entrance and signs on the building.

Ron Smith spoke for Husk Signs and Farm Bureau Insurance.

Members of the public spoke. The public meeting was closed.

Kevin Patmore reiterated the  standards that must be met before granting a Variance of  Use:

  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 need for variance arises from some condition peculiar to the property involved.
  4. The strict application of the terms of the Zoning Ordinance would result in an unnecessary hardship in the use of the property for which the variance is sought; and,
  5. The approval does not interfere substantially with the Town Comprehensive Plan.

Each of the above standards was discussed.  It was noted that this was the same variance request that the company had presented  in April.  It was decided that standards number one and two were met, but that there was nothing peculiar to the property that would allow the Board to grant the variance; that the strict application of the zoning ordinance would not result in unnecessary hardship in the use of the property and that the approval of  the  variance would interfere substantially with the Town Comprehensive Plan.

Eric Snow made a motion to Deny the request for the variance. Bob Grundhoefer seconded the motion.  The Board voted 3 to 0 to deny the motion.

It was stated by Kevin Patmore, the attorney that if the company wishes to appeal this denial another time, it must be appealed  to the Spencer County Circuit Court.

—————————

There was no other business. Eric Snow  made a motion to adjourn, Bob Grundhoefer seconded the motion and the Board voted 3 to 0 to adjourn at 6:52 pm.

Respectfully submitted,

Lynn Winkler, Secretary

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.

(more…)

BOZA Minutes Sept. 28, 2015

TOWN OF SANTA CLAUS
BOARD OF ZONING APPEALS MEETING
September 28, 2015

PRESENT:

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

ABSENT:

Board Members absent:  Jim Voges.

Also present:     Phil Brown, Zoning Administrator

Kevin Patmore, Town Attorney

Members of public.

Eric Snow called the meeting to order at 6:02 p.m. at the Santa Claus Town Hall.

The minutes of the prior meeting of August 24, 2015 were read.  Bob Grundhoefer made a motion to accept the minutes without correction.  The motion was seconded by Frank Fowler and the motion carried 4 to 0.

OLD BUSINESS:

VERIZON WIRELESS APPLICATION FOR SPECIAL EXCEPTION.

The Public Hearing for this Special Exemption was held on August 24,  2015.  At that meeting, it was noted that  action is required on a request by Verizon Wireless to locate a cellular tower on certain land in Section 36, Township 5 South, Range 5 West, across IN 162 from Holiday World’s employee parking lot. Also at that meeting it was stated that Phil Brown  had served notice by certified mail and publication as required by law.

Russell Brown, attorney, represented Verizon Wireless at this meeting.

Phil Brown was asked if there had been any comments in writing or verbally from anyone since the meeting of August 24th and he stated that there had not been.

A short discussion ensued which went over the specifics of the issue and showed the Board on a map where the tower was located.

Kevin Patmore went over the findings that must be met before a Special Exemption can be granted:

  • The establishment, maintenance or operation of the special exception will not be injurious to the public health, safety, or general welfare of the community.
  • The special exception will not affect the use and value of other property in the immediate area in a substantially adverse manner.
  • The establishment of the special exception is consistent with the character of the district (particularly that area immediately adjacent to the special exception) and the permitted land use.
  • The approval does not interfere substantially with the Town Comprehensive Plan.

Eric Snow abstained from the vote, because of Snow’s employment by Koch Development Corporation, which owns the land.  Lynn Winkler made the motion to approve the Special Exception as requested.   Bob Grundhoefer seconded the motion.  The vote carried 3 to 0.

There was no other business. Bob Grundhoefer made a motion to adjourn,  Frank Fowler seconded the motion, and  the motion carried by a vote of  4 to 0.   Eric Snow adjourned the meeting at 6:20 pm.

Respectfully submitted,

Lynn Winkler, Secretary

BOZA Minutes August 24, 2015

TOWN OF SANTA CLAUS
BOARD OF ZONING APPEALS MEETING
August 24, 2015

PRESENT:

Board members present:   Eric Snow, Frank Fowler and Bob Grundhoefer.

ABSENT:

Board Members absent:  Lynn Winkler and Jim Voges.

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

Members of public.

Eric Snow called the meeting to order at 6:10 p.m. at the Santa Claus Town Hall.

The minutes of the prior meeting of February 3, 2015 were read.  Frank Fowler made a motion to accept the minutes without correction.  The motion was seconded by Bob Grundhoefer and the motion carried 3 to 0.

NEW BUSINESS:

VERIZON WIRELESS APPLICATION FOR SPECIAL EXCEPTION.

The Chairman asked Phil Brown to advise the Board of the purpose of the meeting.  Brown stated that a public hearing and action is required on a request by Verizon Wireless to locate a cellular tower on certain land in Section 36, Township 5 South, Range 5 West, across IN 162 from Holiday World’s employee parking lot.  Brown stated that he had served notice by certified mail and publication as required by law.

The Chairman opened the public hearing.

Russell Brown, attorney for Verizon wireless, stated that the request was to locate a “COW” or “Cell on Wheels” at the site, and that the COW was in place at this time due to a misunderstanding of whether the location was in the County or Town jurisdiction.  Only after the tower was put in place was it determined that the location is actually in the Town’s zoning jurisdiction.    Brown explained that the eventual aim is to place a permanent cell tower at or near this location, but that the lead time for regulatory approvals and engineering for a permanent cellular tower is generally 12-18 months.  The COW can remain in place for up to 2 years under current FCC regulations.  Verizon does not know the height or other specifications of any permanent structure, but will be required to meet federal and state regulatory requirements, and will petition for a special exception for the permanent installation if the height or footprint changes.  He stated Verizon believes that the addition of this tower will be of both economic development and public safety benefit to the Town, as especially during peak tourist times the cell signal is inadequate without this tower.  Especially with the number of households transitioning to cell-only telecommunications service, the public safety element in especially important in maintaining  and enhancing coverage.

The Chairman called for further public comment.  Jeff Stillman, President of the Advisory Plan Commission, noted that Verizon already has made the necessary steps of rezoning the property for this purpose.  Kevin Patmore noted that the property owner, Koch Development Corporation, has indicated its support of this petition to allow a special exception on its property.

There being no further public comment, the Chairman closed the public hearing.

Because of Snow’s employment by Koch Development Corporation, he indicated that he would not be able to vote on the petition, and stated that the matter would be carried over to the next month for a vote when a  quorum (3) of  non-Holiday World employees could be present.

There was no other business. Bob Grundhoefer made a motion to adjourn,  Frank Fowler seconded the motion, and  the motion carried by a vote of 3 to 0.   Eric Snow adjourned the meeting at 6:25 pm.

Respectfully submitted,

Kevin Patmore, BOZA Attorney

BOZA Minutes Feb. 3, 2015

TOWN OF SANTA CLAUS
BOARD OF ZONING APPEALS MEETING
February 3, 2015

 PRESENT:

Board members present:   Frank Fowler, Jim Voges,  and Lynn Winkler.

ABSENT:

Board Members absent:  Eric Snow, Bob Grundhoefer.

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

In the absence of the Chairperson, Eric Snow, the Vice Chairperson, Frank Fowler, called the meeting to order at 5:30 p.m. on Tuesday February 3, 2015, at the Santa Claus Town Hall. This meeting was a public meeting.

The minutes of the prior meeting of November 24, 2014 were read Frank Fowler 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:  Frank Fowler made a motion to re-elect Eric Snow as Chairperson,  Frank Fowler as Vice Chairperson and Lynn Winkler as Secretary.; the motion was seconded by Jim Voges  and the motion passed by a vote of  3 to 0.

Lynn Winkler made a motion to hire Kevin Patmore as the BOZA attorney,  Jim Voges seconded the motion and the motion passed by a vote of  3 to 0.

OLD BUSINESS:

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

There had been a Public Hearing on November 24, 2014 to discuss this subject and all notices were sent to adjacent property owners.  There had been no vote at that hearing because there was no quorum (3) of  non-Holiday World employees present.  The vote was postponed until a quorum could be gathered and the necessary advanced public notification be made.

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.    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.

(Exhibit A)

He reiterated the issues that had been of concern to neighboring residents that were discussed at the November 24th hearing. He also stated that in meetings with concerned residents last summer that they all agreed verbally to the variance currently being proposed.

There was a short discussion.  No  members of the public made any objections and the public meeting 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 that:  That Koch Development Corporation d/b/a Holiday World be granted the variance proposed for the Legend Lot.  Frank Fowler seconded the motion and the motion passed 3 to 0.

There was no other business. Lynn Winkler made a motion to adjourn,  Frank Fowler seconded the motion, and  the motion carried by a vote of 3 to 0.   Frank Fowler adjourned the meeting at 6:55 pm.

Respectfully submitted,

Lynn Winkler, Secretary

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