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Plan Commission:
The Due Process
Builders Association of
Northeast Indiana
State of Indiana:
www.ba-ni.com
(260) 665-8921
Presidents Pen…….…………….. 2
issues on
Calendar……..…...………………. 3
State Edition…...………………... 4
ba-ni.com
Special Edition……………..……..5
Permits…..………………………... 6
Planning Ahead..………………….7
Member Minute
Chris Evans Be sure to check out BANI’s new website that is being
created. Lyndsey has been working hard to give it a
D Homes By Jim Ingledue
Construction fresh new look.
I
A special thanks to Doug Miller, State IBA President
Carl Cox
R and all who attended last month’s meeting. He gave an
J O Mory inspiring speech to kick off the building season and
E emphasized the importance of why being a part of your
Mark Knisley
C building associations is such a great value and asset to
Kuntry Lumber your business.
T
Dan Keller See you around the events!
O
Lutterbein Lumber Jeff Wilson
R
S Terry Hughes
Momper Insulation
Jack Musson
Musson Builders
255 Talmadge St. 220 W. Ensley Ave. 403 E. Harris St. 2236 Wayne Trace
Shipshewana Auburn Kendallville Fort Wayne
260-768-4176 260-925-4410 260-347-3050 260-422-5584
April
Membership Meeting
Join us!
Tuesday April 12
Steuben County Plan Comissioner Zach Michels will be
the guest speaker.
Dinner beginning at 6 pm
Dinner just $20
Reservations Required
IN Legislative News
HOUSE DEMOCRATS RETURN
House Democrats returned to the Statehouse this week, ending the five week
walkout. Democrats were in their seats during the 5 p.m. quorum call Monday and
the House began debating proposed legislation on the floor calendar prior to the
walkout that evening. The House completed the calendar Wednesday night and while
those bills will be sent to the Senate for review, the House will focus on bills
members of the Senate authored and approved. Although the legislature is not
typically in session on Friday, the House is having committee meetings today and
Speaker Brian Bosma (R-Indianapolis) says it may be necessary to hold session days
on Fridays to make the April 29 deadline to adjourn.
Call your members of Congress at 1-(866) 924-NAHB (6242) and tell them:
I support the testimony of NAHB Chairman Bob Nielsen presented to the House Fi-
nancial Services Committee;
I support a housing finance system that provides liquidity for the housing sector in
markets across the country during all economic conditions;
GSE reform must be comprehensive in nature, well-conceived, orderly and phased
in over time; and
Short-term proposals to wind down Fannie Mae and Freddie Mac will disrupt the hous-
ing market and push the nation back into a deep recession.
Let NAHB know what you are hearing from your members of Congress by emailing
builderlink@nahb.com.
Also of great concern to NAHB are the credit risk retention rules required by Section
941 of the Dodd-Frank Act, which were unveiled this week by the six agencies charged
with implementing that section of the law. NAHB believes the proposed rules contain
an unduly narrow definition of the important term “Qualified Residential Mort-
gage” (QRM), featuring a minimum down payment of 20%, which would seriously
disrupt the housing market by making mortgages unavailable or unnecessarily expen-
sive for many creditworthy borrowers.
To view the full press release, please visit http://www.nahb.org/news_details.aspx?
newsID=12404.
Homes 7 15
Residential 4 19
Additions
Industrial 3 4
March 2011
*In Noble County six towns issue building
permits as well as the county, these numbers
are reflective of the county.
In Steuben County, the county as well as the
city of Angola issue permits, these numbers
are reflective of the county.
In LaGrange County, all building permits are
issued out of LaGrange.
A commonly asked question in the Plan Commission Office is, “Why do we have to
wait so long for a Plan Commission or Board of Zoning Appeals hearing?” There
are usually a few colorful comments after that, but that’s not appropriate for a
professional newsletter. The reason for the wait is due process.
We must follow procedures outlined in our ordinances, Indiana Code, federal law,
and the constitution. Indiana and Steuben County require public notice of public
hearings before the Plan Commission and Board of Zoning Appeals. This is to en-
sure that people who may be affected by the petition have the opportunity for
their opinion to be heard.
For most of our petitions, we are required to have a legal ad in a newspaper of
general circulation in the community (the Herald Republican and their online ads)
and send certified letters to the applicant(s) and interested persons (the two adja-
cent properties within 600 feet) at least 10 days before the public hearing. Start-
ing in spring of 2009, we started placing signs in the yards, and in fall of 2009, we
started posting agendas on the plan commission’s weblog (http://
steubencountyplancommission.blogspot.com).
The conduct of public meetings is another area where due process is important in
planning. Both the Plan Commission and Board of Zoning Appeals have adopted
rules of procedure for the conduct of meetings to ensure equal treatment for all
applicants and citizens and that everybody has the opportunity for their position
to be heard.
Due process requires a significant amount of attention. A small error, such as a
wrong date in the notice or sending letters a day late, may be grounds for an ap-
peal of the Plan Commission’s or Board of Zoning Appeals’ Decision.
It can be annoying to have to wait several weeks for a meeting or for an hour at
the meeting, but it is important for the community to be involved in the decision
process. The loss of time is returned by piece of mind.
PRSRT STD
BUILDERS ASSOCIATION
OF NORTHEAST
U.S. POSTAGE
INDIANA
ANGOLA, IN 46703
ANNOUNCING!
255 Talmadge St. 220 W. Ensley Ave. 403 E. Harris St. 2236 Wayne Trace
Shipshewana Auburn Kendallville Fort Wayne
260-768-4176 260-925-4410 260-347-3050 260-422-5584