BZA Delays Gravel Pit Expansion
July 28, 2016 at 4:25 p.m.
A request by Elkhart County Gravel to expand north to a 40-acre site was continued for 30 to 60 days by the county Board of Zoning Appeals Tuesday.
The company's plans were stalled by remonstrators, neighbors who claim the gravel pit has been out of compliance for the last 19 years.
Elkhart Gravel, represented by lawyer Steve Snyder, also asked to reduce the buffer from 300 feet to 100 feet. The property is on the north side of CR 300N, west of CR 200W in Prairie Township.
Snyder said the excavation of an additional 200 feet means a gain of 20 more acres.
The company serves the asphalt plant to the south and local contractors. Otherwise, Snyder said, local builders would have to haul loads in from Elkhart County.
Attorney Steve Hearn approached the board saying he represented 20 remonstrators. He said the expansion would put the dusty, noisy work in the backyard of folks living on CR 400N.
Reclamation plans call for an 18-degree slope around the edge when the area is abandoned, which he said was very steep.
Hearn indicated he attended a recent open house and tour of the current facility where a new fence recently was installed on the east side. According to plans approved in 1987, the property is to be fenced on all sides. The east-side fence wasn't installed until 2006, Hearn said.
"The citizens of the county had to come in at great expense to them to force them (the company) to do what they said they would do. Today the fence line is at 200 feet, not 300 feet. It's time to tell Elkhart Gravel to live up to its restrictions," Hearn said.
Hearn said he asked company officials how long they would work the additional 40 acres and they said they didn't know.
Other remonstrators included Paul Mundinger, who lives south of CR 400N. He was frank in his opinion of the expansion. "I don't want it there," he said.
He asked that the exception be denied, claiming local property values have been reduced.
Snyder said you can't ask a company how long they'll remain in business, and since several properties have sold in the area, values can't have been affected.
Dennis Holder also approached the board, saying he has lived on CR 400N for 14 years and often takes CR 200W to and from his home. CR 200W is often covered in mud because there isn't any erosion-control fencing. He also can hear the noise made in the gravel pit and is concerned about the local groundwater supply being compromised.
Judy Wentz, another CR 400W resident, asked about access to the new site and what the reclamation time would be on the old site.
BZA member Vic Virgil said the company has just installed a fence, which was established in 1987. The board also was told the ground would be worked for 20 years and several stipulations set forth have been ignored.
He said he wanted to see the reclamation work complete before an expansion is granted.
"I just don't think it's right to allow them to expand. There was a nice woods back there and they just tore it out," Virgil said.
BZA member Charlie Haffner suggested a compromise and made a motion to continue the item for at least 30 days, which was approved.
He recommended the remonstrators and the company get together. The delay also allows the board to study reclamation plans.
He suggested a bond be placed on the property if the plans aren't followed.
BZA members are Bob Beer, Walt Church, Virgil, Haffner and John Connolly. [[In-content Ad]]
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A request by Elkhart County Gravel to expand north to a 40-acre site was continued for 30 to 60 days by the county Board of Zoning Appeals Tuesday.
The company's plans were stalled by remonstrators, neighbors who claim the gravel pit has been out of compliance for the last 19 years.
Elkhart Gravel, represented by lawyer Steve Snyder, also asked to reduce the buffer from 300 feet to 100 feet. The property is on the north side of CR 300N, west of CR 200W in Prairie Township.
Snyder said the excavation of an additional 200 feet means a gain of 20 more acres.
The company serves the asphalt plant to the south and local contractors. Otherwise, Snyder said, local builders would have to haul loads in from Elkhart County.
Attorney Steve Hearn approached the board saying he represented 20 remonstrators. He said the expansion would put the dusty, noisy work in the backyard of folks living on CR 400N.
Reclamation plans call for an 18-degree slope around the edge when the area is abandoned, which he said was very steep.
Hearn indicated he attended a recent open house and tour of the current facility where a new fence recently was installed on the east side. According to plans approved in 1987, the property is to be fenced on all sides. The east-side fence wasn't installed until 2006, Hearn said.
"The citizens of the county had to come in at great expense to them to force them (the company) to do what they said they would do. Today the fence line is at 200 feet, not 300 feet. It's time to tell Elkhart Gravel to live up to its restrictions," Hearn said.
Hearn said he asked company officials how long they would work the additional 40 acres and they said they didn't know.
Other remonstrators included Paul Mundinger, who lives south of CR 400N. He was frank in his opinion of the expansion. "I don't want it there," he said.
He asked that the exception be denied, claiming local property values have been reduced.
Snyder said you can't ask a company how long they'll remain in business, and since several properties have sold in the area, values can't have been affected.
Dennis Holder also approached the board, saying he has lived on CR 400N for 14 years and often takes CR 200W to and from his home. CR 200W is often covered in mud because there isn't any erosion-control fencing. He also can hear the noise made in the gravel pit and is concerned about the local groundwater supply being compromised.
Judy Wentz, another CR 400W resident, asked about access to the new site and what the reclamation time would be on the old site.
BZA member Vic Virgil said the company has just installed a fence, which was established in 1987. The board also was told the ground would be worked for 20 years and several stipulations set forth have been ignored.
He said he wanted to see the reclamation work complete before an expansion is granted.
"I just don't think it's right to allow them to expand. There was a nice woods back there and they just tore it out," Virgil said.
BZA member Charlie Haffner suggested a compromise and made a motion to continue the item for at least 30 days, which was approved.
He recommended the remonstrators and the company get together. The delay also allows the board to study reclamation plans.
He suggested a bond be placed on the property if the plans aren't followed.
BZA members are Bob Beer, Walt Church, Virgil, Haffner and John Connolly. [[In-content Ad]]