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By PAULENE POPARAD Porter building commissioner Art Elwood said he wants no part of being the plant police. Meeting Wednesday, the Porter Beach Overlay Committee discussed to what extent new regulations should be placed on future development there because of the lakefront neighborhood’s unique topography, soil and plants. Town planner Jim Mandon said while architectural building standards would be hard to mandate, banning non-native plants and sod in favor of dune grass and plants compatible with a beach environment makes sense. “The whole reason you’re doing this (zoning overlay) is because the place is different.” Porter Public Works superintendent Brenda Brueckheimer said, “What’s one person’s weeds is not another person’s weeds. You’re putting an awful lot on the building commissioner to know vegetation.” Committee member Jamie Hogan said garlic mustard weed and bittersweet have overtaken many Porter Beach areas, but it does control erosion. Replied Mandon, “No matter how far gone it is, we don’t want to make it worse.” It was agreed to obtain lists from the Indiana Department of Natural Resources and the Save the Dunes Council of recommended plants Porter Beach residents could use. Mandon said at the time a building permit application is submitted, how the site would be landscaped should be described; no occupancy permit would be issued without a finished landscape plan in place. Hogan said other dune communities address plant material and their ordinances can be reviewed. Town attorney Patrick Lyp said the real challenge will be monitoring properties that are re-landscaped later. Committee member Elka Nelson said, “We have to deal with how we do enforcement.” Agreed Mandon, “Somebody has to police that, otherwise (Porter Beach) will look just like the rest of town.” Member Dave Babcock said that’s the whole reason the Overlay Committee was formed: so the historic beach area isn’t made to follow rules intended for new, modern subdivisions. He suggested structures at Porter Beach like retaining walls specifically should be addressed in the overlay. Currently, a Porter building permit isn’t required unless a project costs more than $500. However, Elwood said he’s run into problems with people building decks, large planters and the like for less using donated lumber and/or labor. The result? The town has no input or oversight. He suggested the permit process also be modified because someone can estimate they’re going to build their house for $100,000 to keep the permit fee low, then later sell it for $265,000. Mandon said some structures like decks and stairs at Porter Beach should require building -permit review regardless of cost because of safety issues. Also discussed were the types of beach driveway materials preferred there, especially in light of federal MS4 stormwater mandates that want water to sink in on-site, not run off and create erosion elsewhere. Town code requires a blacktop or concrete driveway but at the beach, gravel or other pervious surfaces should be used, said Brueckheimer. Not just what beach residents build but what permission they need to do it is a part of the ongoing Overlay Committee discussions. Hogan said she found a previous license with stipulations granted to encroach on a public right-of-way so a walkway could be constructed. Babcock said such an agreement should be used instead of vacating right-of-way to accomplish the same end. Vacations of streets and alleys at the beach years ago have led to problems today. Another issue is what’s the appropriate lot size for homes at the beach. Porter County Health Department regulations dictate a minimum size for installation of an approved septic system, but Nelson said as future septic technology improves that doesn’t mean the town should allow smaller and smaller lots. The committee also is working to develop a master map of the beach area with layers of various information using digital technology. Hogan said a resource has been the Porter County 911 system that provided maps showing road locations. The next Overlay Committee meeting is Dec. 17 at 5:30 p.m.
Posted 11/21/2008
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