08-24-2000SOUTH WHITLEY – All they want is an old-fashioned picket fence in the front yard, said Sarah and Mark Ricker.
The newlyweds own the house at Main and Wayne streets and were denied a variance for the ornamental fence at the board of appeals meeting Monday. They appeared before the town council Tuesday to question the decision.
Larry Reynolds, president of the board of appeals, was also in attendance.
The town ordinance regarding fences refers to natural borders only – trees, shrubs and hedges – not to exceed 12 feet in height; although variances may be permitted.
Sarah Ricker said the board of appeals gave two reasons for denying the variance: traffic safety issues and that “kids would wreck it.”
She said Trey Ensley, a police detective in Columbia City and a South Whitley resident, measured where the fence would be placed and that in his opinion there is no obstruction for drivers. She presented a drawing of their plans showing the setback of the fence from the street.
“Mr. Yeager said, ‘Kids would wreck it,’” Sarah Ricker said, “and we take exception to that. Mark works at the school and we have a better opinion of the town youth.
“How can a 12-foot hedge be OK and a 4-foot ornamental fence be denied?”
Reynolds read from the ordinance (No. 154-30-13) and said the board voted 4 to 1 to adhere to the ordinance.
Town attorney Greg Hockemeyer advised the couple they could go to a circuit court with a writ of certiorari within 30 days in an attempt to overturn the board’s decision.
“Unlike the planning commission, which makes recommendations to the council,” Hockemeyer said, “the only recourse for board of appeals decisions is a higher court. The council can sympathize but not overturn their decision.”
The Rickers were advised that the land use ordinances were under review and that next month public hearings will be held to amend or change these ordinances.
“You can participate in the process,” Reynolds said. “You’ll be very welcome.”
The board of appeals meets the third Monday of each month. Board members are Robert Dial, president; Reynolds; Rit Yeager; Mark Myhnier; and Joe Stevens.
In another matter Reynolds advised the board the process to list the Morsches building on the National Registry of Historic Buildings is under way.
There are plans to convert the building to senior citizen housing with two apartments upstairs and three or four units downstairs.
Reynolds said more photos and historic information on the building are needed.
If this distinction is approved, more grant opportunities will open for the building’s renovation.
In other business:
• Town marshal Dave Wilkinson introduced Brenda Farber, who will be selling advertisements to underwrite the Officer Phil program presented in the elementary school. Farber is employed by Creative Safety Products, which provides the activity books, animated characters, puppeteers and magicians used in the juvenile crime prevention program.
• Town clerk Mitch Winger advised the board an amended salary ordinance naming Kent Slater utility assistant and Ron Anderson assistant electrical superintendent has been prepared.
Winger said Sept. 8 will be the first public hearing for the 2001 budget and Sept. 18 is set as the final adoption date.
• Winger also advised the board the cash and investment fund for the water department had dropped from $124,000 to $54,000 because of recent improvements: water taps at Whispering Hills subdivision, improvements to the water tank and well head protection funding.
“I think we should increase water rates 20 percent one year and 10 percent for the next three years,” Winger said.
A 20-percent increase would bring in $24,000 per year. Winger said the increase would mean an extra $1.50 to $1.70 per month per resident for water.
“We have the second lowest rates in Indiana,” he said. “We should start right now to build the fund.”
The council allowed the clerk to proceed with a rate increase ordinance.
• The council heard that LeeAnn James, a representative of Media Com, the cable franchise company, is expected to attend the Sept. 12 council meeting. Residents have complained about the cable company’s service for months and few complaints have been addressed.
Town council members are Tony Starkey, president, Tom Rudd and Judy Earnhart. The council meets the second and fourth Tuesdays of each month.