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The Kosciusko County Zoning Board of Appeals reheard a petition from the North Webster United Methodist Church on Tuesday.

The BZA previously denied the petition, but on Jan. 27 Kosciusko Superior Court I Judge Duane Huffer sent the petition back to the BZA for rehearing.

Area Plan Director Dan Richard said Huffer ordered the BZA to rehear the petition because "the finding of facts by the BZA is insufficient." There was not enough information in the record for Huffer to determine who was right in the case.

The church petition was one of 21 petitions the BZA heard Tuesday. They approved 13 petitions, some with conditions, continued five petitions, and denied three.

In its original petition to the BZA, the church requested a variance to permit the construction of an addition to a church building 29 feet from the right-of-way of the road. The property is on the north side of Epworth Forest Road and west of CR 800E in Tippecanoe Township, in the town of North Webster.

Attorney Steve Snyder addressed the BZA Tuesday on behalf of the church for half an hour. The board approved the petition by a vote of 4 to 1.

The addition would be on 10 acres near a multipurpose building. The tract of land is not all usable, Snyder told the BZA. A road bisects part of the property.

Snyder said the addition would not affect public health, would have no negative effect on the value of adjacent property, and won't change the character of the neighborhood.

There would be no greater traffic on the roadways, he said. A letter from the town of North Webster was presented to the BZA in favor of having the church 20 feet from the right of way.

The church has a unique situation because not all 10 acres of the donated property can be built on, Snyder said. The area to the west can't be built on because the donor of the property did not want the trees removed.

Snyder also presented preliminary plans to the BZA on what the church will look like.

"We're changing the plans slightly. We're not changing what the original intent was 10 years ago," Snyder said.

There were no remonstrators.

A petition by Mike Gulley for a variance was continued until the March 9 BZA meeting. The variance would permit his residence to remain 8.4 feet from the south property line and 1.69 feet from the east property line, according to surveyor Richard Ward. Ward was hired by Gulley to survey the land.

The property is on the north side of a 15-foot right of way and east of Barbee Road in Tippecanoe Township.

Attorney Mike Garner, for Ward, said, "The house, the structure was placed in accordance to where the permit was supposed to be."

Ward told the BZA, "An error was made by myself. I can't put a blame on anyone else."

Apparently, Ward's survey of the lot differed dramatically since the plat was originally made up in the 1940s. The BZA continued the petition because of the conflict of Ward's survey of the lot, the original plat and two other surveys of the property.

Remonstrators against Gulley's petition also were asked to provide the surveys and information they had pertaining to the property.

Remonstrators opposed Gulley's petition because its closeness to their property could create hazards in case of a fire, it was contradictory to public policy, and any hardships faced by Gulley were brought upon himself, they said.

Garner said, "The problem is, as I see it, is that we have two surveys which don't match."

Richard said, "I think the fault is with the original one. They didn't have the equipment they have today."

In other business, Tom Knisely petitioned for an exception to allow light manufacturing of orthopedic parts in a commercial district. The property is on the north side of Center Street extended and west of CR 175E in Wayne Township.

Before Knisely went before the BZA, he met with attorney Richard Helm, representing Fred Brouwer. Brouwer owns Brouwer's Furniture next door to where Knisely's orthopedic polishing business would be.

Brouwer said he was concerned with the petition because, "I don't want to be faced with a situation where 10 cars becomes 20 or 30."

Knisely told the BZA he understood Brouwer's concern.

Because Knisely worked out the minor problems with Helm first, his petition was approved as a commercial district. Knisely's business must stay within the guidelines of an industrial 1 classification. I-1 is the most restrictive classification because it does not allow for noise or smoke outside the facilities.

The BZA heard 21 petitions Tuesday. They approved 13 petitions, some with conditions, continued five and denied three. [[In-content Ad]]