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City searching for better ways to give notice of zoning hearings

C.P. discusses neighbors' right to know

C.P. discusses neighbors' right to know
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CROWN POINT | Ignorance may not always be blissful.

That was the argument earlier this year of neighboring residents of a proposed 95-acre development at the southwest corner of U.S. 231 and Interstate 65 who said not all adjacent property owners were notified about the project's rezoning public hearing and threatened legal action.

It eventually was discovered the list of adjacent properties from the assessor was four pages long, but only three pages of residents were notified after a page was lost. The project was withdrawn and resubmitted to the city's Plan Commission to start the process again.

To make sure a similar mistake doesn't occur in the future, Mayor David Uran said the city also will order a list of adjacent property owners to compare with the petitioner's list, and asked that the Plan Commission and Board of Zoning Appeals vote to require property owners being notified via certified mail so there's a record of who should receive a notice.

While the Board of Zoning Appeals approved the switch, the change prompted discussion at the Plan Commission's meeting Monday night that perhaps the city should do even more to make sure property owners are notified about upcoming public hearings.

"It's been a burr in my saddle for years," said Plan Commission member Dan Rohaley. "(Neighbors) have a right to know what's going on within 200 to 300 feet."

Indiana code requires that public hearings be published in a newspaper or other qualified publication once 10 days prior to the hearing date, but many municipalities, including Crown Point, have additional requirements of the petitioner.

Like Crown Point, Merrillville asks that the petitioner send notification via certified mail to adjacent property owners, said Lance Huish, a town councilman and member of that town's Plan Commission.

But other municipalities go a step further. Like Crown Point and Merrillville, Hobart notifies adjacent property owners through certified mail but also posts a sign at the location that is under discussion, said Hobart City Planner Sergio Mendoza. He said the petitioner pays a $30 sign fee for a metal frame and cardboard sign. When the frame is returned to the city after the hearing, the petitioner can take the receipt to the clerk's office for a $20 refund.

St. John has petitioners post a sign at the site, and asks for certified mail notification for property owners within a 300-foot radius, according to the town manager's office.

"The sign would be icing on the cake, but not a cure-all," Rohaley said.

John Almasy, the supervisor of drafting and real estate in the Lake County auditor's office, said it costs 50 cents for a list of adjacent property owners. Still he said the only list the auditor's office would provide is adjacent property owners because about 10 years ago a county attorney decided the office wouldn't compile lists of property owners within a certain amount of feet for liability reasons.

That was the concern of the Crown Point Plan Commission's attorney, Joe Irak.

"Be careful how you word the requirements," he warned Monday night. "I understand the concept of wanting to notify as many people as we can ... but we'll miss people. I can see it being grounds for problems."

Still, as evidenced by St. John, some municipalities choose to go that route, primarily by hiring a title company. Almasy said in Munster's case, an employee comes to the office and looks up the property owners using the auditor's office computers because its town code requires notification of property owners within 200 feet.

The Crown Point Plan Commission likely will revisit the issue at a special meeting at 8 p.m. Monday.

Copyright 2012 nwitimes.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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