25 January 2021 Dearborn County Plan Commission Meeting Notes
Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, John Hawley, Mark Lehman, Joe Vogel, Jake Hoog, Bill Ullrich, Jim Thatcher, and Eric Lang
Also Present: Mark McCormack, Plan Director, and Andy Baudendistel, Attorney.
Title VI statement read as legally required by Andy Baudendistel.
ELECTION OF OFFICERS:Reappointed Denny Kraus, Jr, Chairman and Mark Lehman Vice chairman
APPOINTMENT OF ATTORNEY: Andy Baudendistel reappointed.
ACTION ON MINUTES: November 16, 2020 minutes approved. There was no meeting in December 2020.
OLD BUSINESS: None
NEW BUSINESS:
- Request: Appeal / Review of the Preliminary Plat for an 8-lot minor subdivision; Steelman Lane Subdivision Applicant: JDJ Surveying & Engineering, LLC Owner: David White Site Location: Stateline Road / Steelman Road; near the Georgetown Road intersection Legal: Sections 13, T6, R1, Map #06-11,12 and 13 ownship: Miller Size: 86.484 Acres Zoning: Agricultural (A) and Residential (R)
Denny Kraus stepped down as he had a conflict of interest and Mark Lehman took over. Mark McCormack noted that this was approved by tech review with conditions on December 7th. There were 2 appeals. One from Cleary and one from Doyle. There were concerns about traffic increase along the lane from Cleary. Safety concern on Steelman Lane, covenants etc. from Doyles and he is here to speak tonight. There is a proposal to add 8 splits from 3 lots remaining in the subdivision.
The existing zoning is 1/2 AG and 1/2 Residential The lot splits are mostly in the Residential section. The proposed subdivision is on septic. Steelman Lane primarily serves the Doyles. Lots 2,4,7,and 8 would access Steelman Lane. It is important to note that Steelman Lane is a private common driveway. It is not a street. There are no standards for the common driveway. The width, for example, is not the same standard as for a street. The board may want to consider private driveway standards in the future per McCormack, but have to use current rules for this. There is an agreement that shows the covenants for this driveway and subdivision.
The subdivision was tabled several times. Lots 5 and 3 are a shade over 1 acre on proposed septic. Lots 6 is about 2.2 acres. The rest have significant acreage for septic. This is not classified as a major subdivision. There is no public improvement associated with the subdivision at this time. Proposed driveways along Stateline are lined up with existing ones opposite them on Stateline.
McCormack showed several pictures of all the lots and access points. He also went over the appeal process that is being referenced for this appeal. Safety and width for increased traffic and the number of lots in relation to covenants are included in the appeals. There is also a building that needs to be taken down as an enforcement issue. There are still items from the health dept that have to be resolved before they can move forward. This was one of the conditions from the tech review. They are having difficulty getting response from Health Dept. so far. Sewer is about 2500 ft away.
Baudendistel went over the list of things the board needs to consider. He also noted the aggrieved individuals can speak with relevant issues to be considered. If an applicant meets the rules then the board has no discretion if compliance is demonstrated. Covenants and restrictions are between the property owners and the Planning Commission does not govern that.
Dave White spoke and note that this was a complicated affair. He asked Kraus to divide it so he can sell it and they needed to follow the rules. White is assuming that the professionals he hired did it correctly.
PUBLIC DISCUSSION:
Mr Doyle- thanked the board and staff. He has pictures of the cars on the street and the elderly people along and across from Steelman Lane. He is not opposed to the development of the property. His real estate agent and he and Mr White came to a meeting at the county offices. He said that is had to be bright to county standards before it is developed. He had covenants to the land and driveway ran up by Andrea Ewan - his attorney. This driveway is set up for a single family residence only now. Knogga has school busses adjoining this property. He hired 3 excavators and 2 construction engineers regarding the lane and how it should be addressed. Aged people in 80s and 90s are across the street in 4 residences. Art Little- County Commissioner, lives there and he wrote a letter that was read by Doyle and implored them to bring that up to the county standards.
He had met with Dennis Kraus and Derick Walker who is now working for Aurora. He had 2 witnesses to that - his realtor and Mr. White who both verified that as they are in the audience tonight. They said it was to be brought to county standards.
Eric Lang questioned what passable means in the covenant. There are 4 lots accessing this. Doyle said he has the option to not grant easement to those properties. Steelman Lane is relatively flat.
Beiersdorfer was concerned that they cannot rule on a private driveway.
More comments on safety and the fire marshals approvals etc. Safety is Doyles only concern.
End Public Discussion
Lang reviewed the application- as Kraus was surveyor for it. Land said that he doesn’t see anything that they can hang their hat on to deny this subdivision approval.
Thatcher said that he’d like to see Mr White and Mr Doyle sit down and hammer out a solution to fix the driveway. Ullrich agreed and also noted that there are safety issues that we need to watch out for personally. Hawley said that we need to revisit the driveway issues in our code. Hoog said the property owners need to work this out- and it IS a safety issue. Lang said the covenant should guide the fix for this. Ullrich noted that pull off blisters along the driveway could fix this like the way they do it at Dearborn Country Club.
McCormack said that these agreements should be on secondary plats if they are going to be enforced. Shared driveway issues are continually questioned by owners and BZA. He wants these shared driveways that are functioning like a street to be addressed in code. Lang noted that Baudendistel had told them that they cannot get deep into the private issue here. They had to only stick to what the ordinance allows them to cover.
Beiersdorfer moved to affirm the tech review committee. Ullrich 2nded. All ayes. (This effectively denies the appeal)
ADMINISTRATIVE:
Had 4 interviews for their position opening. McCormack said that he’s getting overwhelmed with the work load. No case for February so far. They will talk about ordinance issues in February anyway. Probably a working meeting.
He thanked Bill Ullrich for covering the Council spot until Council votes tomorrow night.
Shocked to hear about Mike Hornbach passing. He had retired to take care of family and grandkids. Mike had been on Planning Commission for years as county extension officer.
Meeting adjourned at 8:55PM
Christine Brauer Mueller
Lawrenceburg Township
