Commissioners Hear Winona Lake Public Vacation Request
July 28, 2016 at 4:25 p.m.
By Jordan Fouts-
Attorney Steve Snyder presented the request from three property owners on the southwest corner of Winona Lake, in the area of East Lakewood Avenue and South Oak Street. The owners were requesting public way vacation along the beach in front of their properties, which the Area Plan Commission unanimously voted to deny.
“Who has the right to use it? We as planners think it should be anyone, while (Snyder) says only people within the plat,” Area Plan Director Dan Richard told commissioners. He noted the land was platted as a public playground, park or promenade in the 1920s.
Nick Chapman, who with Adam Finley and Bob Wilson is requesting the vacation, said neither they nor previous property owners have had any problems with others using the beach in front of their land, but he’s “heard horror stories” and wants to prevent any potential problems.
“My biggest concern is, if I want to invest in a property,” which could be $200,000 to $400,000, Chapman said, “I don’t want to have any issue (like) a party in my front yard.”
Finley added that they wouldn’t be denying lakefront access to anyone who doesn’t already have it, and noted that neighbors have closer beach access than the land in question.
Two of their neighbors spoke against the vacation, with Jim Smith saying, on behalf of his son Kevin, that properties in the plat behind the three would lose value if they lost lake access.
Rex Reed also came forward to say his only concern is that drainage remains open even if the land is privatized.
After further back-and-forth discussion as well as a private huddle among commissioners, Snyder and county attorney Mike Miner, Commissioner Ron Truex said they will take a few weeks to mull over the request. He said they first want to address several questions surrounding the issue, such as property lines, drainage and whether the three owners should be taxed for lakefront property if they don’t have control over the beach.
He said they expect to have a decision at the Nov. 19 meeting.
Commissioners later approved a planning commission recommendation to rezone several acres of land in Nappanee to Agricultural II at the request of Lonnie and Verba Hochstetler.[[In-content Ad]]
Attorney Steve Snyder presented the request from three property owners on the southwest corner of Winona Lake, in the area of East Lakewood Avenue and South Oak Street. The owners were requesting public way vacation along the beach in front of their properties, which the Area Plan Commission unanimously voted to deny.
“Who has the right to use it? We as planners think it should be anyone, while (Snyder) says only people within the plat,” Area Plan Director Dan Richard told commissioners. He noted the land was platted as a public playground, park or promenade in the 1920s.
Nick Chapman, who with Adam Finley and Bob Wilson is requesting the vacation, said neither they nor previous property owners have had any problems with others using the beach in front of their land, but he’s “heard horror stories” and wants to prevent any potential problems.
“My biggest concern is, if I want to invest in a property,” which could be $200,000 to $400,000, Chapman said, “I don’t want to have any issue (like) a party in my front yard.”
Finley added that they wouldn’t be denying lakefront access to anyone who doesn’t already have it, and noted that neighbors have closer beach access than the land in question.
Two of their neighbors spoke against the vacation, with Jim Smith saying, on behalf of his son Kevin, that properties in the plat behind the three would lose value if they lost lake access.
Rex Reed also came forward to say his only concern is that drainage remains open even if the land is privatized.
After further back-and-forth discussion as well as a private huddle among commissioners, Snyder and county attorney Mike Miner, Commissioner Ron Truex said they will take a few weeks to mull over the request. He said they first want to address several questions surrounding the issue, such as property lines, drainage and whether the three owners should be taxed for lakefront property if they don’t have control over the beach.
He said they expect to have a decision at the Nov. 19 meeting.
Commissioners later approved a planning commission recommendation to rezone several acres of land in Nappanee to Agricultural II at the request of Lonnie and Verba Hochstetler.[[In-content Ad]]
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