SEPTEMBER 23, 2008

7:00 pm


Chairman Terry Spencer began the September meeting at 7:00 pm.  Members present were Ray Rodgers, Rudy Reading, Scott Alspach, Jim Lasiter, Terry Spencer, Laura Hammons and Steve Hickman.  Lee Robbins and Tim Guyer were also in attendance.



Rudy motioned to approve the August meeting minutes as presented.  Scott seconded the motion.  Vote was 7 affirmative.



Two building permits were issued, total of $8,000.00.




It was reported that the people living at 401 Sawmill Road picked up a variance package the day after the last meeting, but has not submitted the paperwork.  Lee suggested sending them a letter reminding them, Plan Commission agreed to send letter to Karen Kruchten, the homeowner.


There was no other old business.



Scott Alspach asked if there is a current ordinance preventing an adult book store from coming into New Whiteland.  Lee Robbins replied that they are not a permitted use under any zoning in New Whiteland.



C.F. Fearin residing at 228 Northlane wants to find out if he can bring his semi truck home long enough to service it?  He has been a truck driver for 31 years, he has not brought his semi truck into Town since the Town started enforcing this town code, but it is becoming a real problem for him.  Any such thing as being grandfathered in?  Lee replied, no.  Grandfathering is a condition of a property, and would not pertain to a semi coming and going from a property.


A temporary service permit was discussed, which is not in place at this time.  The Town Council oversees the town codes, and would have to create such a permit.  Mr. Fearin was advised to ask the Town Council at the October 7th meeting.  Terry asked that be put on the agenda.



Scott Alspach asked about Safari Motors vacating the property on US 31 and can another car dealership come in or did the variance just apply to the previous business.  There was some discussion and Lee stated that the variance goes with the property.  However, Zoning Ordinance 4-303  states Revocation of a Use Variance. A use variance shall be deemed automatically null


Plan Commission

September 23, 2008

Page Two



and void under any or all of the following conditions: (a) If the use for which the variance was granted ceases for any continuous period greater than six (6) months in length; (b) If the property or structures for which the variance was granted change ownership or occupancy.


I reported that Jr. Patrick, the owner of the property had been to the Town Hall and got a copy of the variance, which had no conditions to it.  And per Lee’s answer to me, I told Jr. Patrick that the variance runs with the property.


Meeting adjourned at 7:12 pm




Respectfully submitted:



_____________________________                                                  Cindy Yates

Approved By                                                                                                                          Recording Secretary