BANI Newsletter- January 2010

The following article appears in "The Higher Standard," the newsletter for the Builders Association of Northeast Indiana. http://www.ba-ni.com/

This is the first of many articles from the Steuben County Plan Commission in this newsletter. We are excited for this opportunity to share information about our Zoning and Subdivision Control Ordinances and all things planning and believe it will be beneficial for the building community and this office.

As many of you already know, Steuben County recently adopted its first new Zoning and Subdivision Control Ordinances since the original in the early 1970s. It was a much needed update; but no ordinance can be perfect.

In an effort to make sure our ordinances stay current, the Plan Commission will conduct annual reviews to make adjustments as conditions change or problems are identified.

Today, we’ll look at some of the proposed ordinance changes the Plan Commission is considering this year. Please contact this Office for the full list and text of the proposed amendments.

Basements on Sloping Lots. The current definition for a basement works pretty well, on flat lots; it does not work so well on sloping lots. The proposed amendment will add a different definition on lots that slope downward twelve feet or more from the adjacent roadway. We will look at the corner of the basement closest to the roadway rather than the entire perimeter. In order to be considered a basement, at least 75% of the distance between the floor and ceiling need to be below the natural grade (prior to and after construction).

Accessory Structures. The present ordinance only allows one accessory building (detached garages, sheds, boat houses, etc) per lot, no matter how small or large that lot is. (Accessory buildings used for agricultural purposes and one gazebo do not count towards that total.) The proposed amendment will allow for up to two accessory buildings on lots that are two acres in size and larger.

Retaining Walls. The present ordinance requires all retaining walls to be setback at least two feet from the property line and to be no taller than four feet (unless receiving a variance). The proposed amendment will allow for a zero setback if the neighbor writes a letter of non-objection, similar to fences, and allow for concrete retaining walls to be up to seven feet tall if a railing is installed.

The proposed amendments are on the agenda for the next Steuben County Plan Commission Hearing, Wednesday, January 6, 2010. Members of the public are encouraged to attend and voice their opinion. The Plan Commission may table the amendment to a later time or forward it to the County Commissioners with a favorable, unfavorable, or no recommendation. The County Commission is the body with the authority to make any amendments official.

Please contact this office if you have any questions or suggestions for future topics.

BZA Agenda- January 19, 2010

1. (V-10-07) Daniel & Kristy Mason & Tim Tropp petition for one developmental standard variance for a home addition. Variance is for a road-front setback of fifteen (15) feet rather than the twenty-five (25) feet required. Proposed project is located at 4960 S East Railroad, Section 15 of Steuben Twp (Map# 76-11-15-430-314.000-017),

2. (V-10-08) Robert & Cathern VanLear petition for one post-construction developmental standard variance for a deck. Variance is for a lakefront setback of sixteen (16) feet rather than the twenty (20) feet required. Proposed project is located at 475 LN 298 Crooked Lk, Section 7 of Pleasant Twp (Map# 76-06-07-410-204.011), &

3. An amendment to the Steuben County Board of Zoning Appeals Rules of Procedure concerning a Code of Ethics & Conduct.

BZA Agenda- January 11, 2010

1. Election of Officers for 2010,

2. (V-10-01) Jason & Jessica Lukenbill petition for one post-construction developmental standard variance for wooden stairway. Variance is for a lakefront setback of forty (40) feet rather than the fifty (50) feet required. Proposed project is located at 608 Main, Section 15 of Steuben Twp (Map# 76-11-15-440-106.000-017),

3. (V-10-02) Charles & Maureen Buschek petition for one developmental standard variance for a sun room addition. Variance is for a lakefront setback of forty-seven (47) feet rather than the fifty (50) feet required. Proposed project is located at 80 LN 755A Snow Lk, Section 21 of Jamestown Twp (Map# 76-03-21-110-321.000-006),

4. (V-10-03) Barbara Rutledge petitions for one developmental standard variance for a new single- family home. Variance is for a road-front setback of fourteen (14) feet rather than the twenty-five (25) feet required. Proposed project is located at 175 LN 240 Lk James, Section 10 of Pleasant Twp (Map# 76-06-10-120-116.000-011),

5. (V-10-04) William Houghton petitions for one post-construction developmental standard variance for a deck. Variance is for a lakefront setback of four (4) feet rather than the twenty (20) feet required. Proposed project is located at 80 LN 440 Lk James, Section 4 of Pleasant Twp (Map# 76-06-04-240-236.000-011,

6. (V-10-05) Beth Stepp, Carol Dettmer, & Robert Brewer petition for one development variance for a new single-family home. Variance is for a road-front setback of twelve (12) feet rather than the twenty-five (25) feet required. Proposed project is located at 1880 LN 105 LK James, Section 4 of Pleasant Twp (Map# 76-06-04-110-137.000-011), &

7. (V-10-06) John & Patricia Foster petition for one developmental standard variance for a minor subdivision. Variance is for a lot area of thirty-one hundredths (0.31) acres rather than the one (1) acre required. Proposed minor subdivision is located at 80 LN 650C Snow LK, Section 21 of Jamestown Twp (Map# 76-03-21-430-134.010-006).

Office Closing- December 24, 25, 31, 2009

The Steuben County Plan Commission Offices, and the Steuben County Offices, will be closed on the following dates:

Thursday, December 24, 2009.
Friday, December 25, 2009.

Thursday, December, 31, 2009. (Closing at noon.)
Friday, January 1, 2010.

Change of Legal Ads Publishing Dates

Due to the upcoming holidays, there will be changes in the typical publishing dates of Steuben County Plan Commission and Board of Zoning Appeals legal advertisements. PC and BZA ads are usually in the Friday paper two weeks and the week before the hearing.

The Plan Commission legal ad which would have been in the Friday, December 25, 2009, paper will instead be in the Wednesday, December 23, 2009, paper.

The Plan Commission and Board of Zoning Appeals legal ads which would have been in the Friday, January 1, 2010, paper will instead be in the Wednesday, December 30, 2009, paper.

Lakes Advisory Board Openings

The Steuben County Plan Commission has openings for volunteers to serve on the Lakes Advisory Board.

The Lakes Advisory Board (LAB) is a seven-member board, created to inform the Plan Commission of specific concerns or questions of affected property owners, to aid the Plan Commission in fact finding missions, to provide follow-up information to the Plan Commission concerning possible violations of the zoning ordinance or conditions of approvals, to study the subjects and problems upon request of the Plan Commission, and to report and participate in Plan Commission deliberations.

The LAB is concerned with properties located within 1,000 feet of the shore of any state-owned lake within Steuben County, properties zoned Lake Residential, and properties which drain into a creek or body of water that flows into a lake in Steuben County.

Members of the LAB are appointed by the Plan Commission for three-year terms, which would expire on December 31, 2012.

Please contact the Steuben County Plan Commission at 260 668.1000 x1600 or plancommission@co.steuben.in.us to ask any questions or to volunteer.

Plan Commission Agenda- January 6, 2010

1. Election of Officers for 2010,

2. (Z-10-01) Jane & Craig Sponseller, Cathy Hasselman, Rebecca Booth, & Royann McClatcher petition for a zone change. The zone change is from Local Business to Residential-1. Properties are located at 5780 N 500W, Section 30 of Jamestown Twp, Map#76-03-30-000-006/007.000-006,

3. (P-10-01) John & Patricia Foster petition for primary approval of a minor subdivision. The proposed subdivision will include three (3) lots. Property is located at 80 LN 650C Snow Lk, Section 21 of Jamestown Twp, Map#76-03-21-430-134.010-006,

4. (A-10-01) An amendment to the Steuben County Zoning Ordinance concerning the definition of structures, the definition of basements on a sloping lot, accessory uses, the number of accessory buildings, mini/self-storage warehouses, retaining walls, low-impact home occupations, & handicapped ramps,

5. (A-10-02) An amendment to the Steuben County Subdivision Control Ordinance concerning administrative divisions, &

6. Review of proposed fee schedule for administrative land divisions & wind conversion systems.


Following the Plan Commission Hearing, the Steuben County Plan Commission and the Steuben County Board of Zoning Appeals will conduct a training session.

County Commissioners- December 21, 2009

The Steuben County Plan Commission has several items of business on the agenda for the next Steuben County Commissioner’s Meeting, Monday, December 21, 2009.

(VPW-09-01) Gary Hoopengardner, Robert Grogg, & John Grogg petition for a vacation of a public way.

Plan Commission forwarded the petition with an 8-0 favorable recommendation.


(VPW-09-02) Francis & Wanda Grogg petition for a vacation of a public way.

Plan Commission forwarded the petition with an 8-0 favorable recommendation.


(VPW-09-03) Rose Ann & James Cox, Jennifer Sklenar, & Greg Tipsord petition for a vacation of a public way.

Plan Commission forwarded the petition with an 8-0 favorable recommendation.


(A-09-03) An amendment to the Steuben County Zoning Ordinance concerning wind turbines, wind energy conversion systems, wind energy conversion system overlay zoning districts, & wind farms.

Plan Commission forwarded the amendment with an 8-0 favorable recommendation.


The Plan Commission Office will ask for the County Commissioners’ approval to spend $399.98 for online training for two staff members. Money will be paid from the “Continuing Education” Fund.


The County Commissioners will reappoint two members to the Plan Commission and one member to the Board of Zoning Appeals. The four year long terms will run through December 31, 2013.


*Additional items may be discussed at the meeting.*

BZA Results- December 14, 2009

(V-09-66) Jay Harshbarger & Steven Rodenbeck - APPROVED (5-0)
Side-yard setback of four (4) feet six (6) inches rather than the five (5) feet required.
Notes: This is a replacement of part of an existing structure due to upcoming Board of Health changes.

Review of a proposed amendment to the Steuben County Board of Zoning Appeals Bylaws concerning a code of ethics and conduct. Several changes were suggested for the proposed code of ethics and conduct which will come before the BZA in January.

BZA Reminder- December 14, 2009

The Steuben County Board of Zoning Apeals will hold a hearing on Monday, December 14, 2009. The hearing will be located in the Multi-purpose room of the Community Center, 317 S. Wayne and will begin at 7pm.

The agenda for the hearing is located earlier in this weblog or here, on the "Home Tab" of the Steuben County GIS site.

The hearing will be broadcast live on the internet and recorded for later viewing. (Technical issues may interfere with the broadcast.)

BZA Results- December 7, 2009

V-09-60 Frederick/Hull- APPROVED as presented (5-0)
Building coverage of forty-three (43) percent rather than the thirty-five (35) percent allowed.
Conditions: As presented.
Notes: Addition to rear of an existing garage.

V-09-61 Nelson- APPROVED as presented (5-0)
Two (2) detached accessory structures on a lot rather than the one (1) allowed.
Conditions: As presented.

V-09-62A Juergens- APPROVED with conditions (5-0)
Side-yard setback of three (3) feet rather than the five (5) feet required.
Conditions: Sides of the carport/pergola to remain open.
V-09-62B Juergens- APPROVED with conditions (5-0)
Road-front setback of five (5) feet rather than the ten (10) feet required.
Conditions: Sides of the carport/pergola to remain open.

V-09-63 Davis- APPROVED as presented (5-0)
Road-front setback of five (5) feet rather than the twenty-five (25) feet required.
Conditions: As presented.
Notes: Reduced setback is for uncovered stairway.

V-09-64A Flohr- APPROVED (5-0)
Road-front setback of fifteen (15) feet rather than the twenty-five (25) feet required.
Notes: New home to be built on three lots.
V-09-64B Flohr- APPROVED (5-0)
Building setback of nine (9) feet rather than the ten (10) feet required.
Notes: Nine foot setback measured to eaves; walls of buildings are ten feet apart.

V-09-65 Aldrich- APPROVED as presented (4-1)
Two (2) detached accessory structures on a lot rather than the one (1) allowed.
Conditions: As presented. (Only for this shed.)
Notes: Structure will need to be moved away from Pigeon Creek.

BZA Reminder- December 7, 2009

The Steuben County Board of Zoning Apeals will hold a hearing on Monday, December 7, 2009. The hearing will be located in the Multi-purpose room of the Community Center, 317 S. Wayne and will begin at 7pm.

The agenda for the hearing is located earlier in this weblog or here, on the "Home Tab" of the Steuben County GIS site.

The hearing will be broadcast live on the internet and recorded for later viewing. (Technical issues may interfere with the broadcast.)

Plan Commission Results- December 2, 2009

1. (VPW-09-01) Gary Hoopengardner, Robert Grogg, & John Grogg petition for a vacation of a public way.

Petition forwarded to the Steuben County Commissioners with a favorable recommendation. (8-0)


2. (VPW-09-02) Francis & Wanda Grogg petition for a vacation of a public way.

Petition forwarded to the Steuben County Commissioners with a favorable recommendation. (8-0)


3. (VPW-09-03) Rose Ann & James Cox, Jennifer Sklenar, & Greg Tipsord petition for a vacation of a public way.

Petition forwarded to the Steuben County Commissioners with a favorable recommendation. (8-0)


4. (VE-09-01) BAT Investments & James & Judith McKinley petition for a vacation of a lot in a platted subdivision.

Vacation approved by an 8-0 vote.


5. (PUD-09-01) Third Basin petitions for primary approval of a Planned Unit Development.

PUD denied by a 6-2 vote.


6. (A-09-03) An amendment to the Steuben County Zoning Ordinance concerning wind turbines, wind energy conversion systems, wind energy conversion system overlay zoning districts, & wind farms.

Amendment forwarded to the Steuben County Commissioners with a favorable recommendation. (8-0)


7. Review of proposed amendments to the Steuben County Zoning Ordinance regarding:
the definition of structures,
The Plan Commission approved of the proposed language. Staff will prepare it as an Ordinance Amendment.

the definition of basements on sloping lots,
The Plan Commission asked for staff to prepare some changes to the proposed language to improve clarity and functionality.

accessory uses,
The Plan Commission approved of the proposed language. Staff will prepare it as an Ordinance Amendment.

accessory structures,
The Plan Commission approved of the proposed language. Staff will prepare it as an Ordinance Amendment.

mini/self-storage requirements,
The Plan Commission asked for staff to prepare some changes to the proposed language to improve clarity and functionality concerning the required fencing.

retaining walls,
The Plan Commission asked for staff to prepare some changes to the proposed language to allow for a height of up to 7 feet rather than the 6 feet proposed in certain situations and to allow for changes to grade upon approval of both neighbors.

home occupations,
The Plan Commission approved of the proposed language. Staff will prepare it as an Ordinance Amendment.

handicapped ramps, &
The Plan Commission approved of the proposed language and asked for staff to prepare language which would allow for easier construction of temporary ramps.

administrative divisions.
The Plan Commission approved of the proposed language. Staff will prepare it as an Ordinance Amendment.


8. Review of a proposed amendment to the Steuben County Plan Commission Bylaws concerning a code of ethics.

Due to time constraints, discussion has been postponed until the next Plan Commission Hearing.


9. Review of proposed fee schedule for administrative land divisions & wind conversion systems.

Due to time constraints, discussion has been postponed until the next Plan Commission Hearing.


We are working with our technical staff to address problems with the webstreaming of Plan Commission hearings. We thank you for your patience as we work to bring you this new service.