PORTER COUNTY PLAN COMMISSION

Regular Meeting
March 12, 2003

M I N U T E S

The regular meeting of the Porter County Plan Commission was held on Wednesday, March 12, 2003 at 7:30 p.m. in the County Administrative Center, 155 Indiana Avenue, Suite 205, Valparaiso, Indiana.

Those members present were Eric Biddinger, Mike Bucko, Robert Detert, Frank Mahnic, Bob Poparad, and Kevin Breitzke, President. Those members absent were Rick Burns, Mike Herzog and Commissioner Larry Sheets. Staff members present were Stephen P. Nigro and Patricia S. Gibson.

Mr. Mahnic moved to waive the reading of the minutes from February 12, 2003 and approve them as received in the mail. Mr. Bucko seconded the motion, which carried on a unanimous voice vote.

At this time, Mr. Breitzke informed the Board and the audience that the petitioner, Lois Carlen, has withdrawn Case 03-APP-1 on Washington Minor Subdivision 2232-A-1.

Mr. Breitzke also stated that we have a very unusual circumstance with Prairie Crossings of Porter Subdivision. He stated he is sure many of you are here tonight for this case. He asked Mr. Leeth to explain what happened with this case.

Mr. Leeth stated he is here on behalf of the developers of the Prairie Crossings Subdivision. He stated it came to their attention that the property in question when this Body and then the Board of Commissioners rezoned it last December, had an error in the legal notice for the public hearing at the Commission. He stated what they are required to do is to go back and refile for that and start the process over to make sure that all of the public is notified. He stated what they are asking the Commission to do tonight with regard to the plat is to continue this matter until the May 14, 2003 meeting and then allow them to renotify the public of the rezoning and have that hearing in April. He stated then they will go to the Board of Commissioners and assuming that the ordinance is readopted or reaffirmed, then they would be back here for the plat hearing on May 14, 2003. He stated their request is to continue this until May 14, 2003.

Mr. Detert moved to continue Case 03-P-2 until the May 14, 2003 meeting. Mr. Mahnic seconded the motion.



Discussion:

Mr. Breitzke stated he would like to point out that this was of no fault of the Staff, the Plan Commission or the County. He stated it was previous representatives of the developer who gave some errant information that failed to notice several property owners of the rezoning which we deemed not proper. He stated they will go back to square one. He stated this is no reflection on the development itself per say, but we thought it was an improper proceeding.

Mr. Leeth stated the way the error was discovered the developers' prior consultant prepared the list back in October of 2002. He stated when his office was involved and the new engineering consultants were engaged for the subdivision plat the property owners list was searched and there was the discovery by comparing the two lists, that there was an error. He stated it was actually brought to the County's attention by their search. He stated it wasn't his clients' fault or his office's fault.

Mr. Bucko asked how many people were not notified.

Mr. Nigro stated there was seven out of nineteen were not notified at the rezone time.

Mr. Breitzke stated we felt that this was a significant number.

Motion carried on a unanimous voice vote.

Pending Business:

Case 03-FP-3. Petition of Harvey Steuer, 546 S. CR 150 E., Kouts, Indiana seeking secondary plat approval for Deer Manor Subdivision to be located on the Southeast corner of CR 100 S. and CR 675 W., between CR 100 S. and CR 250 S. in Porter Township, Porter County, Indiana. (To contain 16 lots on 40 acres. Zoned R-1.)

Don Bengel stated that he is here this evening representing Harvey Steuer. He stated they were here a couple of months ago to get primary plat approval and the biggest change that they made to the plat is that lots 15 and 16 will access off of CR 675 W. He stated Mr. Detert had suggested that. He stated that is defined with an easement going across there. He stated they have defined the location of the driveways along CR 675 W. He stated that they bundled those so that they have two together. He stated there was a comment made about cleaning up the existing home site. He stated this will certainly be done. He stated Mr.


Steuer, the owner, has now come to live with his son. He stated that this parcel will be cleaned as soon as the weather breaks. He stated there were no other changes. He stated they went to TAC and the Drainage Board and the Drainage Board did set assessments for the parcels to maintainthe two ponds that will be here and the drainage outlet for the pond.

Mr. Mahnic stated only has one question. He asked if this is R-1.

Mr. Breitzke stated this was correct.

Mr. Mahnic stated our paper states "this proposed development is consistent of recent development in Rural Residential Zoning District." He stated that this would be the only R-1 in that area.

Mr. Detert stated that he has no questions.

Mr. Bucko stated he has a question on the width of the lots.

Mr. Nigro stated that the width is 100 feet in R-1.

Mr. Biddinger stated he has no questions.

Mr. Breitzke stated he would like to remind the Commission that we have seen this before as Deer Run Subdivision with a couple of cul-de-sacs. He stated it has been changed without the streets and now it lots off the county road and it is now called Deer Manor. He stated for the record we used to have a Deer Run and now we have a Deer Manor.

Mr. Bucko asked how were the specs on the driveway to the two lots.

Mr. Bengel stated there are no requirements. He stated the Steuer brother's are both excavators. He stated that they have built roads and they have built other stuff.

Mr. Bucko stated he thought that maybe we talked about the driveway being done that way and specs for it.

Mr. Bengel stated he didn't think we did talk about it.

Mr. Breitzke stated that the specifications were to make sure there was at least 20 foot wide and fifty feet back. He stated he thinks that they indicated that it would be gravel.



Mr. Poparad asked when the driveways are bundled is it one road cut for two lots. He asked what is the mindset behind that. He asked what is wrong with one road cut and why is it two lots.

Mr. Breitzke stated people want their independent driveways. He stated the reason for bringing the drives together...

Mr. Poparad stated he understands the concept for bringing the drives together. He asked why couldn't we have just one road cut and it "Y's" out right away.

Mr. Breitzke stated it ends up being a maintenance issue. He stated often neighbors argue over who has jurisdiction or rights. He stated we don't mind if they do that but we have had a history of people fighting over who has rights over what part of the drive.

Mr. Poparad stated we have a drive that is virtually ten feet apart.

Mr. Breitzke stated with mailboxes, newspaper tubes and usually school bus stop between.

Mr. Bengel stated what they did was show forty feet from each line. He stated there is an eighty-foot stretch where you can have two drives.

Mr. Poparad asked if this should be encouraged at TAC.

Mr. Breitzke stated no because it gets more into the private property right what they want to do and he has had experiences where people got into fighting situation.

Mr. Mahnic stated Dave pushes to put driveways together.

Mr. Breitzke stated in proximity but not together. He stated he and Dave are both proponents for putting them in proximity. He stated what happens is when they are that close they usually sweep with their approaches and it kind of blends in and gives a little bit of extra shoulder to the road and a little bit more room for a pull-off for other vehicles. He stated instead of having just one driveway coming off with the turnarounds they get a little bit more room to work.

Mr. Poparad stated you could always shove this back in the developers lap too and tell him he has to put in a frontage road then they can put in all the drives they want.



Mr. Poparad moved to approve Case 03-FP-3 for final plat approval. Mr. Mahnic seconded the motion, which carried on a unanimous roll call vote.

There being no further business the meeting adjourned at 7:50 p.m.

PORTER COUNTY
PLAN COMMISSION


Kevin Breitzke, President

Attest: Stephen P. Nigro, Interim Director/Zoning Inspector