Two of the three petitions for vacations presented to the Kosciusko County Commissioners Tuesday were unanimously approved.

A vacation request by Smith's Resort LLC, Tippecanoe Township, however, was tabled until 10 a.m. Dec. 4.

Smith's Resort wants to vacate approximately 160 feet of W14B Lane, North Webster, according to assistant plan commission director Matt Sandy. Previously, Smith's Resort went before the county Board of Zoning Appeals for a separate issue and the BZA granted that request on the condition that a mobile home be moved.

Smith's Resort appealed that requirement but the courts sided with the BZA that the mobile home had to be moved. By requesting the vacation, Smith's Resort, a seasonal mobile home park, would be allowed to keep the mobile home where it's currently located.

The plan commission is opposed to the vacation, though, because the W14B Lane is an access road for the area. If the lane is vacated, the property owners to the southwest would have to get their addresses changed.

"We'd recommend strongly against this petition," said Sandy.

Attorney Steve Snyder, representing Smith's Resort, said he wasn't sure why the county was opposed to the vacation, because if the BZA hadn't required the mobile home be moved in the first place, they wouldn't be asking for the vacation.

"We just don't have a choice if we want to use this lot for rental purposes," Snyder said.

He said the vacation does not hinder the orderly development of the area, doesn't make the public way necessarily inconvenient and doesn't hinder access to public buildings or churches.

Several remonstrators said the lane is essential for traffic in the neighborhood.

Remonstrator David Jones said he isn't opposed to the trailer sitting on the property but is opposed to the vacation of the road.

Commissioner President Brad Jackson said it was doubtful the commissioners would make a decision at Tuesday's meeting.

"What I'm hearing is people don't care about the mobile home, they just don't want the road closed," he said.

Commissioner Ron Truex said it appeared the situation would be worse if the lane was vacated than if the mobile home was allowed to stay. Sandy said the courts already determined the trailer must be moved unless the vacation is approved.

Attorney Dick Green, representing more than five remonstrators, said the trailer is not the issue.

"This is the only way he can get done what he could not get done through other legal means," Green said.

Truex asked Sandy if the size of the mobile home was the only question. Sandy replied there were also setback questions.

"I want to look into it and see what options we have," said Jackson.

The commissioners tabled the vacation.

Petitions approved included:

• Primix Corp.'s petition to vacate two north-south rights of way and one east-west right of way in Harrison Township, Atwood.

There were no remonstrators.

• William P. and Toni T. Johnson's petition to vacate a portion of Trusdell and Lakeview roads in Turkey Creek Township and relocate a portion of Trusdell road to the south, making the intersection there a T intersection.

Remonstrators were concerned about traffic and parking.

However, Kosciusko County Highway Superintendent and Engineer Rob Ladson said, "We're all in favor of this plan. ... I see this as a safer, better intersection."

The approval was unanimous.

County commissioners are Jackson, Truex and Avis Gunter. [[In-content Ad]]