County BZA Approves Zoning For Home-Based Business
July 28, 2016 at 4:25 p.m.
Even neighbors of 15 years can find themselves in disagreements from time to time.
Tuesday, Ernest Kuhns found his neighbor Rick Cox in a slight disagreement with him over his home-based business.
Kuhns petitioned the Kosciusko County Board of Zoning Appeals for an exception for a home-based business to build storage barns and cabins in an agricultural district. Monday, plan commission hearing officer Vic Virgil had approved the petition with conditions, but his decision was appealed to the full zoning board Tuesday.
The property is on the south side of CR 750N and 525 feet west of CR 800W in Etna Township.
According to the zoning board's staff comments, Kuhns owns 12.24 acres in a fairly isolated agricultural area. Plans call for the construction of a building approximately 50 feet by 100 feet to accommodate the business. Staff recommended any materials be stored either inside buildings or in a screened area behind the buildings.
Attorney Steve Snyder, representing Kuhns, said there is a demand for the storage barns Kuhns will be building and will be sold 100 percent wholesale. The products will not need to be displayed and all of Kuhns' neighbors except Cox are fine with the home-based business. There will be minimal traffic to the business, which is compatible with the agricultural district. The proposed building will be sided. All employees will be family members except one who is a neighbor's son.
Cox said he didn't have a problem with Kuhns having a home- based business, but he's had problems with the business itself. He said there is often trash from the business on his property. In the past, when Kuhns burned coal, the smoke blew over to his property. There is also a lot of noise from the business.
Like Kuhns, Cox said, he has lived there 15 years and "I've got my roots set. ... I feel if he gets it, there should be some stipulations on it."
He also questioned if there will be any work outside, if there will be a dust collector, what the hours of operation will be and if there will be a privacy screen. If Kuhns burns coal, will there be something to control the smoke from that, too, he asked.
In his rebuttal, Snyder said Kuhns has made improvements regarding the trash from the business, and all operations will be inside the building. The building will be as far away from Cox's property as possible and coal won't be burned anymore. The building will be up by the first of the year.
Virgil said that at the hearing meeting Monday he worked with Kuhns to get the business moved to the back of Kuhns' property to keep it as far away from Cox's property as possible. Everything was to be inside and hours are dawn to dusk and no work on Sundays.
"If he does all his work inside, there's no reason to have trash outside," said BZA member Walter Church.
The zoning board approved the petition on the conditions that all work be inside, no trash will be outside, hours are set as Virgil recommended and the business will be reviewed after the first of the year.
In other business, the board:
• Denied Paul Commons' petition for a variance to allow the fourth division on a tract with all the splits exhausted. The property is on the east side of CR 1000W and zero feet north of CR 1200N in Scott Township. Neither Commons nor a representative were present, and the petition had been tabled from a meeting two months ago.
• Denied Jerry Smith's petition for an exception to allow a logging storage yard in a commercial district. The property is on the south side of CR 200N and zero feet east of Ind. 13 in Washington Township.
• Approved Steve and Delores Hearn's petition for a variance to permit the construction of an accessory building 30 feet off the right of way of the road. The property is on the west side of EMS T26 Lane and zero feet north of EMS T26B Lane in Plain Township.
• Approved Louis Henley's petition for a variance allowing a residence to remain as placed 25 feet from the road right of way. The property is on the east side of EMS B7 Lane and 300 feet west of Ind. 13 in Tippecanoe Township.
• Denied Mary Jane Schacht's petition for a variance allowing a new tract of ground to be created with a strip of ground that is narrower than 50 feet wide, at 46 feet wide. The property is on the south side of CR 200S and one-fourth mile west of Ind. 15 in Wayne Township.
• Approved Kathleen Seabold's petition for a variance to permit the construction of a residence addition and deck 27 feet from the road right of way. The property is on the south side of EMS R4A Lane and 400 feet southeast of Lockerbine in Washington Township.
• Approved Stephen Kline's petition for an exception for the construction of an oversized accessory building 1,700 square feet with a 1-foot overhang on a tract where the ordinance allows 1,200 square feet in a residential district. The property is on the west side of County Farm Road and zero feet south of CR 300S in Wayne Township.
• Approved Holly Lawwill's petition for a variance to permit the replacement of an existing porch and change the roof pitch 10 feet from EMS B61 Lane and 12 feet from EMS B61B1 Lane. The property is on the north side of EMS B61 Lane and zero feet east of EMS B61B1 Lane in Tippecanoe Township.
• Approved the withdrawal of Rebecca and Tony Haneline's petition for a variance to permit the construction of a garage 11 feet from the right of way of CR 850S and 20 feet from the right of way of Dusty's Road. The property is on the north side of Dusty's Road and zero feet south of CR 850S in Seward Township.
BZA members are Walter Church, Vic Virgil, Ron Sharpe, Charlie Haffner and Bob Beer. They meet at 8:30 a.m. on the second Tuesday of every month. [[In-content Ad]]
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Even neighbors of 15 years can find themselves in disagreements from time to time.
Tuesday, Ernest Kuhns found his neighbor Rick Cox in a slight disagreement with him over his home-based business.
Kuhns petitioned the Kosciusko County Board of Zoning Appeals for an exception for a home-based business to build storage barns and cabins in an agricultural district. Monday, plan commission hearing officer Vic Virgil had approved the petition with conditions, but his decision was appealed to the full zoning board Tuesday.
The property is on the south side of CR 750N and 525 feet west of CR 800W in Etna Township.
According to the zoning board's staff comments, Kuhns owns 12.24 acres in a fairly isolated agricultural area. Plans call for the construction of a building approximately 50 feet by 100 feet to accommodate the business. Staff recommended any materials be stored either inside buildings or in a screened area behind the buildings.
Attorney Steve Snyder, representing Kuhns, said there is a demand for the storage barns Kuhns will be building and will be sold 100 percent wholesale. The products will not need to be displayed and all of Kuhns' neighbors except Cox are fine with the home-based business. There will be minimal traffic to the business, which is compatible with the agricultural district. The proposed building will be sided. All employees will be family members except one who is a neighbor's son.
Cox said he didn't have a problem with Kuhns having a home- based business, but he's had problems with the business itself. He said there is often trash from the business on his property. In the past, when Kuhns burned coal, the smoke blew over to his property. There is also a lot of noise from the business.
Like Kuhns, Cox said, he has lived there 15 years and "I've got my roots set. ... I feel if he gets it, there should be some stipulations on it."
He also questioned if there will be any work outside, if there will be a dust collector, what the hours of operation will be and if there will be a privacy screen. If Kuhns burns coal, will there be something to control the smoke from that, too, he asked.
In his rebuttal, Snyder said Kuhns has made improvements regarding the trash from the business, and all operations will be inside the building. The building will be as far away from Cox's property as possible and coal won't be burned anymore. The building will be up by the first of the year.
Virgil said that at the hearing meeting Monday he worked with Kuhns to get the business moved to the back of Kuhns' property to keep it as far away from Cox's property as possible. Everything was to be inside and hours are dawn to dusk and no work on Sundays.
"If he does all his work inside, there's no reason to have trash outside," said BZA member Walter Church.
The zoning board approved the petition on the conditions that all work be inside, no trash will be outside, hours are set as Virgil recommended and the business will be reviewed after the first of the year.
In other business, the board:
• Denied Paul Commons' petition for a variance to allow the fourth division on a tract with all the splits exhausted. The property is on the east side of CR 1000W and zero feet north of CR 1200N in Scott Township. Neither Commons nor a representative were present, and the petition had been tabled from a meeting two months ago.
• Denied Jerry Smith's petition for an exception to allow a logging storage yard in a commercial district. The property is on the south side of CR 200N and zero feet east of Ind. 13 in Washington Township.
• Approved Steve and Delores Hearn's petition for a variance to permit the construction of an accessory building 30 feet off the right of way of the road. The property is on the west side of EMS T26 Lane and zero feet north of EMS T26B Lane in Plain Township.
• Approved Louis Henley's petition for a variance allowing a residence to remain as placed 25 feet from the road right of way. The property is on the east side of EMS B7 Lane and 300 feet west of Ind. 13 in Tippecanoe Township.
• Denied Mary Jane Schacht's petition for a variance allowing a new tract of ground to be created with a strip of ground that is narrower than 50 feet wide, at 46 feet wide. The property is on the south side of CR 200S and one-fourth mile west of Ind. 15 in Wayne Township.
• Approved Kathleen Seabold's petition for a variance to permit the construction of a residence addition and deck 27 feet from the road right of way. The property is on the south side of EMS R4A Lane and 400 feet southeast of Lockerbine in Washington Township.
• Approved Stephen Kline's petition for an exception for the construction of an oversized accessory building 1,700 square feet with a 1-foot overhang on a tract where the ordinance allows 1,200 square feet in a residential district. The property is on the west side of County Farm Road and zero feet south of CR 300S in Wayne Township.
• Approved Holly Lawwill's petition for a variance to permit the replacement of an existing porch and change the roof pitch 10 feet from EMS B61 Lane and 12 feet from EMS B61B1 Lane. The property is on the north side of EMS B61 Lane and zero feet east of EMS B61B1 Lane in Tippecanoe Township.
• Approved the withdrawal of Rebecca and Tony Haneline's petition for a variance to permit the construction of a garage 11 feet from the right of way of CR 850S and 20 feet from the right of way of Dusty's Road. The property is on the north side of Dusty's Road and zero feet south of CR 850S in Seward Township.
BZA members are Walter Church, Vic Virgil, Ron Sharpe, Charlie Haffner and Bob Beer. They meet at 8:30 a.m. on the second Tuesday of every month. [[In-content Ad]]