A petition by Randall and Mary Brashear to vacate the right of way in front of their property was denied Tuesday by the Kosciusko County Commissioners.

Their petition was denied because the vacation would not allow adjacent property owners access to their own property, the commissioners said.

The Brashears own lots 112, 113 and 60 in Bensart's Third Addition, Beaver Dam Lake. The right of way they sought to vacate is in front of lots 112 and 113.

Lee Taylor, Area Plan Commission, said, "Our recommendation is to not vacate this because it is access some people still are using."

Attorney David Kolbe, representing the Brashears, said, "It's a challenge to drive through there in the winter, in the spring." He said vehicles have to back out to get out and adjacent property owners have access to and from their property along Verna Road.

"This easement in this section is not used as a road. It's mostly grass," Kolbe said.

Randall Brashear said, "It would save me money if I didn't have to maintain a road that isn't used by me and is barely used by anyone else." He said he saw lot 59 property owners use the easement only once.

Diane Sweeny and Debra Balinger, lot 59 property owners, said they have used the easement more than once, but stopped using the access because the Brashears have already landscaped it as if it is vacated.

"(Vacating) is going to affect us a lot," Balinger said.

Another remonstrator, Scott Davies, lot 115 property owner, said if the easement is vacated, people will drive in his front yard to turn around and already do so. He presented the commissioners with pictures of the lot and his yard.

Kolbe rebutted by saying, "What he's saying is exactly our point. The easement is not big enough." He also said people would turn around on lots 112 or 115, and Davies just didn't want vehicles to turn on his property.

Commissioner Brad Jackson asked the Brashears if they vacated the easement, if it was possible to create a right of way on lot 60.

"It can't (be done) logistically because of the septic system" on the property, Kolbe said.

After the commissioners accepted the APC's recommendation to deny, Sweeny asked what will become of the landscaping Brashear already began on the easement.

"If there are things in the right of way, we will notify property owners all the way around that ... they will have to (be removed)," Taylor said.

In other business, the commissioners approved the resolution to allow two appraisers to appraise Lake City Inn for possible purchase by the county.

The county council approved the same resolution Thursday.

Lake City Inn, if purchased, will become the new site of the county's work release program. The building will also temporarily house offices and the probation department while the jail expansion project is in process. After the jail expansion is complete, Lake City Inn will become the permanent location of the work release program.

The owners of Lake City Inn said they want $2.5 million for the property, but County Administrator Ron Robinson said he does not believe the county will have to pay that much. [[In-content Ad]]