Burns Harbor officials rushed through adoption of a new zoning ordinance earlier this year to preserve a $100,000 grant to pay for it.

Now, that document is being amended with still more changes on the way.

Tuesday the town’s Advisory Plan Commission conducted a public hearing, which drew no comment, on mistakes regarding certain building permit fees in the zoning ordinance, but the new recommendation for adoption that goes to the Town Council will carry an average 5-cent increase per square foot on some fees.

The base permit fee for new residential construction remains at $100. If the council OK’s them, the new fees won’t take effect for a period of 90 days after publication of the adopted ordinance.

The fee for new construction in the Residential and Residential/Commercial districts each would be adjusted, as would fees for both remodeling existing residential and construction of an addition to existing residential.

The fee changes are part of other zoning amendments recommended to the Town Council last night. These include no occupancy permit will be issued for any structure containing a subgrade basement unless the basement contains a means of direct egress such as a exit window or bulkhead.

Also, occupancy permits will be delayed pending completion of required landscaping or the posting of a bond to assure it will be, and all park land dedicated to the town shall be graded and seeded prior to acceptance by it.

Commission and council member Jim McGee asked for the Park Board’s feedback whether it also wants water and electrical service to be stubbed at the park property by the developer as well.

Commission member Jim Meeks said the new zoning requirement to obtain a building permit to make minor home repairs needs to be reviewed. “We rushed through this thing and we’ll find problems as we go along.”

Additionally to be discussed at the Oct. 5 meeting is the requirement that accessory structures, including sheds, shall be constructed of the same materials as the primary structure and have a concrete floor. “All these requirements to make (a shed) look like a house are ridiculous,” said Meeks.

Commission attorney Charles Parkinson said the intent was to have garages, building additions and breezeways match a house.

Another amendment discussed Oct. 5 will be to accomodate the Board of Zoning Appeals members’ request to require its petitioners to have both a preliminary hearing and a public hearing. Petitioners currently go directly to public hearing; Chesterton and Porter BZAs require preliminary hearings first.

Plan Commission president Jeff Freeze said two hearings unnecessarily delays a petition, but others and Meeks, who also sits on the BZA, said it’s helpful to petitioners and BZA members alike to know all the facts before a request gets to public hearing.

Parkinson said he’s suggested having a preliminary hearing for 2 1/2 years. Commission member Cliff Fleming said as an attorney having represented BZA petitioners, preliminary hearings are desirable.

On another matter, Meeks asked about an abandonment ordinance for vacant buildings. Parkinson said a new state law may be applicable. Fleming suggested the zoning ordinance modify the districts where new communications towers are allowed excluding residential zones.

A preliminary hearing essentially was conducted last night for Verizon, which through Karol Fahey of Insite Inc. is seeking a special exception to co-locate 12 new antenna panels at 165 feet on the 290-foot cellular tower at 1175 Rak Rd. A fenced 11-foot by 30-foot equipment shelter and a new access easement also are proposed.

The Plan Commission needs to make a recommendation to the BZA on the special exception.

It was agreed several questions raised by town engineer Hesham Khalil will be addressed by Fahey Oct. 5.

She said Verizon has a coverage gap in this area and needs to upgrade service so no calls are dropped or can’t be made/received by residents and motorists alike. Fifteen years ago cell phones were a luxury, Fahey noted; now they’re a lifestyle.

In other business, McGee expressed frustration that Khalil still doesn’t have a useable video of the sanitary sewer at Harbor Trails subdivision to review; no infrastructure has been accepted there but the town has provided services like snowplowing and repairs as a courtesy to residents.

Parkinson offered to contact developer Don Coker. The attorney also said rather than the town taking a mortgage for the unsold lots as surety, Coker has agreed to post a letter of credit.

Commission member Louis Bain was absent.

Posted 9/1/2009