The Burns Harbor Advisory Plan Commission handed off Monday to the Town Council when it came to possible new regulations regarding parking vehicles on grass in front and side yards.

Commission attorney Chuck Parkinson said the issue is more an off-street parking or outside storage one than a zoning matter typically taken up by the commission.

That board earlier had asked town building commissioner Bill Arney to propose draft language to limit the long-term or repeated parking of cars and other vehicles on unapproved surfaces. Concrete, asphalt, paving stone and other materials, including gravel, could be deemed acceptable.

New commission member Jerry Price, the Burns Harbor town marshal, said if adopted the prohibition would have to take into account if a resident were having a party where some vehicles would have to be parked on grass. Otherwise, “That kind of puts (the police) in a trick bag” when it comes to enforcement.

The regulation’s intent is that residents don’t make a daily habit of parking on grass, especially multiple vehicles, so it doesn’t look like a parking lot at their house.

Commission member Jeff Freeze said there are a lot of factors to consider when it comes to limiting where people can put personal property on their own property.

Both Freeze and Terry Swanson were re-elected unanimously to lead the commission again in 2010 as president and vice-president, respectively.

In addition to Price, sworn in by Parkinson as new commission members were Toni Biancardi and Bernie Poparad, and Jim McGee as a returning member. Jim Meeks also serves on the commission.

Poparad was voted unanimously as the commission’s appointment to the town Board of Zoning Appeals joining Swanson, who is a Town Council appointment to the BZA.

McGee and Biancardi are both Town Council members. Biancardi also served as the commission and BZA secretary but has resigned; as yet a replacement hasn’t been named. She performed the secretarial duties last night, and resident Tyler DeMar was thanked for offering to fill in if needed.

Biancardi, Freeze and Meeks were chosen to serve as a committee to develop more information about facade standards for commercial and/or downtown district buildings. If the Town Council approves funding the additional hours, town engineer Hesham Khalil will assist the committee. At some point input from business stakeholders may be sought.

Months ago Freeze suggested adopting standards for commercial buildings; typically, percentages of glass, masonry and other preferred materials are specified for exterior surfaces. Allowable awnings and signs could be part of the standards imposed.

"If we have some architectural and facade standards in place, it gives us some leverage to say what we want our town to look like,” explained Freeze.

Parkinson said absent such standards, the only other way to negotiate facade upgrades is when a project is submitted as a planned unit development. An ordinance containing facade requirements could be an overlay incorporated into the new zoning ordinance adopted last year.

Khalil said while some see agreeing on architectural preferences as a form of regulating taste, facade standards are more a statement how the town feels its development should look. Parkinson said Valparaiso has facade standards.

The commission had hoped to arrange a workshop for town officials regarding implementation of the new zoning ordinance, however, Biancardi said attempts to have SEH Inc., the consultant paid $200,000 last year for four town zoning projects including the ordinance, moderate the workshop failed.

Parkinson said it’s impossible to predict and discuss every possible hypothetical situation that could impact a zoning petition or request until an actual plan is presented. While new zoning districts and standards are in place, the process by which projects are reviewed hasn’t changed, he added.

Poparad said Arney and the Building Department are under no obligation to hurriedly respond to an inquiry/application until they are satisfied they know all the facts. Parkinson also said since the BZA now conducts preliminary hearings for zoning petitions before a public hearing is set, ordinance compliance can be checked at that time as well.

Khalil said the town can develop a checklist to follow once experience is gained as more petitions are submitted.

From the audience, Town Councilman Cliff Fleming said if the council is willing to pay for the additional hours involved for Khalil and Parkinson, they and department heads could meet to review zoning inquiries/petitions and ferret out a lot of issues early.

In other business, the commission voted 7-0 to recommend that the Town Council accept Phases 2 and 3 in developer Fleming’s The Village in Burns Harbor subdivision. The motion included releasing his infrastructure guarantee and accepting a two-year maintenance bond in the amount of $97,448.

In recommending acceptance Khalil said very minor punch list items remain to be addressed by Fleming in those phases but the maintenance bond will cover them.

Coordinating the documentation from three previous town engineers to determine if The Village phases were eligible for acceptance had proved to be difficult. Arney said the Town Council took no action on his earlier request to buy the data tracking program Chesterton uses for its Building Department.

McGee asked that the request be placed on the council’s agenda again. The new secretary the BZA/Plan Commission hires also would work part-time for the Building Department.

On a final note, the commission clarified by voting 7-0 that its meetings are the first Monday of the month at 7 p.m. A conflicting day and time is listed in the zoning ordinance. Parkinson said he will check into how the discrepancy should be corrected.

Posted 1/5/2010