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Developers asked to fine-tune covenants

Developers Thomas L. Monroe and Jerry Sanders and Sandy Meyer were asked Oct. 6 to fine-tune covenant agreements before the Corydon Planning and Zoning Commission would give their subdivisions final approval.
The commission assured the developers that the problems they saw in the covenant proposals were not major but ‘more than typographical.’
Sandy Meyer will meet with members of the covenant committee, chaired by Patricia Timberlake, to iron out the problems. Sanders and Meyer were told that if the corrections in their covenant agreement were made to the committee’s satisfaction, they were practically assured of approval of their Blue Moon Estates project. In fact, said commission chair Dr. Len Waite, they could proceed ahead with preliminary ground preparation at their own risk.
Sanders and Meyer are developing 41 acres of property in two phases on S.R. 62 west of Corydon. The first phase is 16 acres and includes both residential and commercial lots.
Monroe is developing nine lots on 4-1/2 acres on either side of Monroe Street behind Mac’s convenience station that Monroe once owned near the intersection of state roads 62 and 135. To speed things along, the board gave his subdivision project approval pending changes made in his covenant. Engineer-surveyor Paul Primavera represented Monroe at the meeting.
Herman E. and Violet F. Fleshman’s request to rezone their property between the Old Forest Road and S.R. 62 from B2 to R1 was approved by the commission.
The Fleshmans said they requested the change in order to keep their neighbor, John Graf, from expanding his A Plus Storage business on a half-acre of property he recently acquired. The Fleshmans said the property line is right next to their bedroom window. If Graf were to expand his business, it would also present a problem if the Fleshmans should sell their property later, they said.
Graf had advised his neighbors that he was thinking of expanding his business because all of his 110 storage units are now full.
If zoning had stayed B2, Graf could build more storage units right up to the property line, as long as he put in a concrete fire wall. Now that it’s R1, he must be at least seven feet away. However, if he does decide to add more storage units, a gravel driveway would hug the property line, the Fleshmans’ house and a chain-link fence they have just installed.
However, Graf said that even though ‘I’m at 100 percent,’ he has not yet decided if he will expand A Plus Storage.
The board told Primavera, representing Lafayette Square developer Edsel Byrd, that it needs more information before it makes a decision on Byrd’s request to relax the restrictions on a storm drain basin. The sinkhole depression lies between the back parking lot of the new Culver’s restaurant and the Wal-Mart Supercenter. Primavera said it’s an extremely valuable piece of property and ‘A couple of feet does mean a lot.’
According to the town ordinance, a storm drain basin must be large enough to handle a volume of rainwater produced by an historic ‘100-year storm.’
The run-off from the extraordinary storm in March 1997, when it rained 12 inches in 24 hours, drained quickly and did not pose any problems, Byrd told Primavera. Byrd has never seen any standing water in the sinkhole since the Wal-Mart Supercenter was built in 1994.
The board figured that water probably runs quickly down the sinkhole into a cave system that probably empties in the Indian Creek watershed about a mile away on the other side of S.R. 135, but the board members admitted they aren’t geo-technical engineers, so they suggested consulting an expert to get an opinion in writing.
‘We need an expert to tell us it’s OK, said Waite. ‘I would believe Edsel, but if it’s not Edsel, it’s the next property owner’ after Byrd that the board has to worry about.
‘It’s a reasonable request,’ Waite said.
At the appeals board meeting which preceeded the plan commission meeting, Terry Baker was granted a variance to reduce the sideyard setback, from the standard seven feet to four feet, at his residence on Beechmont Drive. He wants to build a garage and add on to his house. His next-door neighbor does not object: it’s his brother, Reggie.
Nick and Tiffany Thieneman had a more complicated request. They were granted a variance to allow construction of a house off Sky Park Drive without the required 100 feet of road frontage.
The Thienemans’ lot is 170.6 feet along Sky Park Drive but spreads out considerably about 800 feet off the road. They have 28 acres in the back on a hill that slopes down toward Interstate 64.
The Thienemans plan to complete one driveway back to their home, which is now under construction, at the top of the hill. A second home will be built and owned by Tiffany Thieneman’s father, Larry Klemenz, who will buy two or three acres from the Thienemans.
The problem comes with one driveway for the two homes with less than the required 200 feet of road frontage on Sky Park Drive. The Thieneman driveway will meet county specifications ‘ it will be at least 22 feet wide ‘ but the appeals board was concerned that two driveways might be necessary in case one homeowner decides to sell and leave what appeals board member Steve Kitterman says is a ‘mini-subdivision.’ In that case, the narrow part of the Thieneman lot leading from Sky Park Drive to the two new homes would have to accommodate two long parallel driveways, which is now redundant.
Nick’s father, Jim Thieneman, who lives close by, said the families involved were just trying to be ‘near their grandchildren.’
Appeals board executive director Ralph Best said they would have to apply for another driveway permit, even if they don’t need it now, and it should be reflected in the deed. So if one piece is sold off sometime, the property would be properly deeded and permitted.
‘The opportunity to build a second (driveway) must be there, but there’s no reason to force them to do it now,’ said Waite.
The board voted unanimously to approve the request for the variance with these stipulations: 71 feet of road frontage must be deeded to the property Klemenz will build on; the Thienemans must apply for a second driveway permit just in case, and no other other development can take place on that property without going through subdivision ordinance requirements.