Kosciusko County Board of Zoning Appeals continued a case regarding an Atwood industrial property.
At its meeting on Tuesday, the BZA heard from Carrie Ward of JW Concrete.
Her company is purchasing property at 510 E. Main St., on a land contract from LRM Rentals. Ward requested an exception to allow three uses on the Industrial 3-zoned property: processing, ready mix concrete and motorized vehicle service and repair and to remain as is with screening and landscaping for buffering in an industrial district.
Kosciusko County Area Plan Commission Director Matt Sandy noted the property was allowed one usage when it was zoned industrial for Nature's Fuel in the 2000s.
"What happened was the current owners at some point decided to add two additional uses to that property, which then triggered the variance here," he said. "Along with that, they are also asking for the property to stay as currently laid out. Under Industrial 3 criteria, there are buffering requirements. That buffering requirement will be 50 feet from any property line ... They have extended some (parking and drives) out (where they shouldn't)."
Ward came before the board, noting there "had (been) a lot of improvements and fixing up, repairs" at the site.
"We're just asking that we're able to leave things as they are at this point," she said. "We have been in contact with the state as far as the septic. We've had an inspection done already. We submitted all the paperwork on Jan. 29."
Ward said the state said they were "very behind" in looking at that paperwork. She said they would work to make any adjustments that the state or county wants.
BZA Chairman Lee Harman asked for a description of what each business on the property did.
Ward said JW Concrete delivers concrete from the site and another gentleman does sandblasting, sometimes at the site, but often away from it. She said Aim Transportation services large trucks or semis at the site.
Sandy asked who changed the buildings at the site, with Ward answering LRM Rentals started it and JW Concrete continuing that process.
No one else spoke in favor of the project, but five people spoke in opposition.
One of them was Mike Jackson, who owns Jackson Estates Apartments right by the property.
He noted he had residents complain several times last year about the sound from sandblasting on the property, which he said was done outside.
Jackson also said nothing was done to contain the sandblasting debris, which could run into the water supply for the apartments and other nearby properties.
"I'm worried about what they're doing outside the facility when it was supposed to be inside," he said.
Others speaking in opposition were people who lived in neighboring homes. They were also concerned about noise and pollution.
When she had a chance to respond, Ward noted she didn't realize the man who owned the sandblasting business was doing so outside and she would try to address that issue.
She said the company had to comply with air quality regulations set by the Indiana Department of Environmental Management. She said she would also work to make the other businesses compliant regarding potential pollution.
The BZA opted to continue the case to its next meeting, set for March 11 to check on potential pollution and sewage issues. That meeting will be at noon in the Kosciusko County Courthouse's Old Courtroom due to construction at the Kosciusko County Justice Building.
At the meeting, the BZA also:
• Dropped three cases due to proper advertisement not being made.
Those were from Timothy Metzger, who wanted an exception to construct a 35-foot-by-55-foot accessory building on a lot without a principal structure on the south side of Wildwood Trail and 215 feet east of Nina Lane in Wayne Township; and John Foschaar, who had two cases. One was for an exception for construction of a 24-foot-by-48-foot accessory building on a tract with two residences at 23 EMS T38 Lane, Leesburg, and an exception on the same property for construction of a garage 3 feet from the side property line.
• Approved a variance request brought by Scott Beam to reconstruct a deck and lower enclosure at 60 EMS W29B Lane, North Webster, provided the deck is only 10 feet deep.
• Approved a variance request brought by Irene Ponce to build a two-story home 2 feet from the south road right-of-way and 11 feet from the west road right-of-way at 34 EMS B59 Lane, Warsaw. The BZA asked that the building be 5 feet from the east property line instead of 4.1 feet as originally requested.
• Approved a variance brought by Kent Phillippe for reconstructing a mobile home on an existing frame, which was damaged in the microburst in fall 2024. He's doing more work than the storm damaged, with the home to be 5 feet, 8 inches to an adjacent home and zero feet from the road right-of-way. The property is at 541 Chapman Lake Drive, lot 24, Warsaw.
• Approved a variance brought by Kris Schlagenhauf to build a residence accessory addition, with 8 feet to the road right-of-way and 2.1 feet to the property line. The property is at 8677 E. Sunset Lane, Syracuse.
• Approved a variance brought by Danny White for two residence additions 12 feet from the north road right-of-way. It's at 99 EMS T48B Lane, Syracuse.
• Approved a variance request brought by Scott Egolf for putting a covered porch 20 feet from the water's edge at property at 7552 W. Swick Road, Claypool.
• Approved another variance request brought by Egolf for a residence addition at 7551 W. Swick Road, Claypool, as long as he gets a survey and maintenance agreement.