Commissioners Table Request To Vacate Right Of Way
July 28, 2016 at 4:25 p.m.
To give both sides time to reach a compromise, the Kosciusko County commissioners tabled a petition Tuesday by Kenneth L. and Brenda J. Wright and H. Allen and Helen A. Heuss for 60 days.
The petition is to vacate a 35-foot-wide, 100-foot-long right of way on the northwest side of Chapman Lake, adjacent to EMS C27 C1 Lane in Plain Township.
Matt Sandy, Kosciusko County Area Plan Commission assistant planner, told the commissioners that service providers did not comment about the vacation but many adjacent property owners were against the vacation. Though not a county maintained road, the public right of way has a usefulness to it and the plan commission recommended that it not be vacated, Sandy said.
Attorney Steve Snyder said the purpose of the petition to vacate is to eliminate some setback problems the petitioners have with their property. As a compromise, Snyder said, the petitioners will grant a 10-foot easement down the middle of the right of way to the subdivision for adjacent property owners to use to get down to the park.
H. Allen Heuss said without addressing his setback problems, he can't do any remodeling to his property without substantial variances. They will still allow access to the park, he said, and by improving their property, will improve the neighborhood.
Kenneth Wright said they are just trying to deal with some setback issues. They have no intentions of restricting the adjacent property owners from using the right of way.
The president of the homeowners' association said four of the seven trustees of the association voted in favor of the vacation in exchange for an easement.
Representing several of the remonstrators, attorney Vern Landis said the easement compromise is not acceptable to the remonstrators. The setback problems were not caused by the adjacent property owners - the road was there when the petitioners bought their properties. The fact that they proposed an easement as a compromise is a testament that the right of way has been used over the years, he said.
"The petitioners knew the size of their lots when they bought them," a remonstrator said. Had the petition been brought before the county commissioners in June or July when the summer residents were there, he said, 60 to 70 people would have been at the meeting.
Other remonstrators said they were opposed to the vacation because the grassy right of way provides a safe route for children to the park.
Ron Truex, county commissioner, middle district, said a compromise should be worked out between both sides.
"I think there's a lot of issues here that haven't been resolved," he said. "It's always hard to beat a good compromise if there's one out there."
The petition was tabled until the March 9 county commissioners' meeting at 9 a.m. in the county courthouse, Warsaw. [[In-content Ad]]
To give both sides time to reach a compromise, the Kosciusko County commissioners tabled a petition Tuesday by Kenneth L. and Brenda J. Wright and H. Allen and Helen A. Heuss for 60 days.
The petition is to vacate a 35-foot-wide, 100-foot-long right of way on the northwest side of Chapman Lake, adjacent to EMS C27 C1 Lane in Plain Township.
Matt Sandy, Kosciusko County Area Plan Commission assistant planner, told the commissioners that service providers did not comment about the vacation but many adjacent property owners were against the vacation. Though not a county maintained road, the public right of way has a usefulness to it and the plan commission recommended that it not be vacated, Sandy said.
Attorney Steve Snyder said the purpose of the petition to vacate is to eliminate some setback problems the petitioners have with their property. As a compromise, Snyder said, the petitioners will grant a 10-foot easement down the middle of the right of way to the subdivision for adjacent property owners to use to get down to the park.
H. Allen Heuss said without addressing his setback problems, he can't do any remodeling to his property without substantial variances. They will still allow access to the park, he said, and by improving their property, will improve the neighborhood.
Kenneth Wright said they are just trying to deal with some setback issues. They have no intentions of restricting the adjacent property owners from using the right of way.
The president of the homeowners' association said four of the seven trustees of the association voted in favor of the vacation in exchange for an easement.
Representing several of the remonstrators, attorney Vern Landis said the easement compromise is not acceptable to the remonstrators. The setback problems were not caused by the adjacent property owners - the road was there when the petitioners bought their properties. The fact that they proposed an easement as a compromise is a testament that the right of way has been used over the years, he said.
"The petitioners knew the size of their lots when they bought them," a remonstrator said. Had the petition been brought before the county commissioners in June or July when the summer residents were there, he said, 60 to 70 people would have been at the meeting.
Other remonstrators said they were opposed to the vacation because the grassy right of way provides a safe route for children to the park.
Ron Truex, county commissioner, middle district, said a compromise should be worked out between both sides.
"I think there's a lot of issues here that haven't been resolved," he said. "It's always hard to beat a good compromise if there's one out there."
The petition was tabled until the March 9 county commissioners' meeting at 9 a.m. in the county courthouse, Warsaw. [[In-content Ad]]