Neighbors don't always agree.

At the Kosciusko County Board of Zoning Appeals meeting Tuesday, neighbors were not happy with James Lemberg's petitions for an exception and for a variance.

The exception was for the construction of an accessory building (storage condo) on a lot with no principle structure in a residential district. The variance would permit the construction of the storage condo to be 20 feet from the right of way of Lake View Trace. The property is on the north side of Ind. 13 and zero feet west of Lake View Trace in Turkey Creek Township.

The exception was continued from last month so Lemberg could provide the board with a drainage plan. Last month, there was also a question of setbacks, which the variance request addresses, said Dan Richard, Area Plan Commission director.

Attorney Steve Snyder, representing Lemberg, said lake-related equipment, such as water skis, will be stored in the storage condos. "The construction will be a notch above the typical pole barn construction you see," he said.

The property also will be landscaped. Snyder presented the board with a drainage plan which, he said, will probably remove more surface water from the lot than is currently removed.

Plans are for eight the storage units.

A remonstrator, representing his mother and brother who live across the street from the Lemberg property, said his first concern is water drainage. "My mother's front yard is across the street," he said, "and her property is a lot lower than that around it."

He said he also is concerned about a security fence being put up on the Lemberg property, which Snyder later said would not happen.

Another remonstrator, Steve Deplanty, said since the condos were built, he lost more than $3,500 on his frontage alone and was never reimbursed for that damage, though he was supposed to be. He also spent thousands of dollars on his property, he said, to address the drainage problems.

Deplanty said, "If this doesn't get stopped today, I'm probably going to appeal it to the circuit court." He said he is not going to go under water and does not want to have any more loss to his property.

Dennis Elkins owns the property where the storage condos are to be built and said there has never been any water in the front yard. "I've heard some of the most bullcrap I've ever heard. ... This is crazy." He said the storage condos are the best thing that could happen to the property.

BZA board member Charlie Haffner said the county has a surveyor who looks at drainage concerns, such as the one presented to them in the Lemberg petition. And the county is interested in having a stable business that is compatible to the area and causes no further problems.

Haffner made a motion to approve the exception and variance on the condition county surveyor Richard Kemper approves of the drainage plan and there is no security fence around the property.

The motion was approved.

A petition by Joseph and Dolores Ficable for a variance was approved by the BZA Tuesday, but the couple will have to pay $375 for building the deck before having a permit.

The Ficables' variance will permit the decking to remain 24 feet from the water's edge and 5 feet from the west side property line. The property is on the south side of EMS B40A Lane and 900 feet west of EMS B40 Lane in Tippecanoe Township.

The $375 is a settlement the BZA approved instead of taking the couple to court. The cost includes the permit fee and a fine.

The Ficables may reject the settlement offer but may end up paying more if the matter is taken to court.

In other business, the BZA:

• Approved Joe Kois' petition for an exception for a photography studio in an agricultural district. The property is on the north side of Old Road 30W and 1,045 feet west of CR 300E in Wayne Township.

• Denied Joe Ron Inc.'s petitions for an exception to allow a drive-through ice cream store in a commercial district and for a variance to permit allowing three uses on two joining tracts (residence, Wawasee Bowl and a drive-through ice cream store). The property is on the west side of Huntington Street and south of CR 1200N in Turkey Creek Township.

• Approved Centennial Communications & Network Towers' petition for an exception for a communications tower and building in an agricultural district. The property is on the north side of CR 500N and 160 feet east of CR 750E in Tippecanoe Township.

• Approved Lewis Neibert's petition for an exception for a multi-family dwelling in a residential district. The property is on the south side of EMS T13C Lane and 300 feet northwest of EMS T12 Lane in Tippecanoe Township.

• Continued Gary Smith's petition for an exception for a home-based business in an agricultural district until the BZA's February meeting. Smith was not present at the meeting. The property is on the east side of Peru Road and 1,950 feet south of Ind. 14 in Lake Township. [[In-content Ad]]