County Closes Zoning Loophole

July 28, 2016 at 4:25 p.m.

By Dan Spalding, Times-Union Staff Writer-

Kosciusko County Commissioners eliminated a zoning exemption Tuesday that was being heavily abused.

The exemption was intended for families living in agricultural areas to sell off adjoining tracts of land to family members.

However, eight of 10 requests in recent years came from people who in turn sold the land to people other than family members.

Clusters of residential subdivisions on prime farm ground were the result.

The abuse went unchecked until two weeks ago when a property owner discovered a neighbor was attempting to circumvent the ordinance's intent.

The move was being made after the county's zoning board denied a request by the property owner to rezone the land and allow him to sell residential tracts.

The neighbor, Mary Lou Plummer, brought the issue to the commissioners two weeks ago in hopes of blocking the move. Plummer said she was unsure whether she succeeded in blocking future residential growth, but said she plans to check if there are alternative routes that could be taken.

She said she wouldn't mind if one house was constructed, but opposes a whole neighborhood being developed.

The commissioners voted unanimously to eliminate the exemption, and commissioner Brad Jackson said they will work with the plan office to ensure farm families will be able to hand adjacent property down to their children.

The decision is not intended to hurt farm families, he said.

Plummer and her family live on County Road 400E, north of Warsaw in Plain Township. The property in question is located north of the Plummers. The owner who sought the zoning change was Randy Newland, who deeded the property over to Fred Hager.

Neither Newland nor Hager attended the meetings or could be reached for comment.

"I didn't do this just for myself. I did it for the entire county," Plummer said afterward.

Families in agricultural zones can still split their property three times and can still seek to have the land rezoned Ag II as ways of keeping it all in the family, said plan director Dan Richard.

The exemption was intended for families who have exhausted the three splits, he said.

Jackson commended Plummer for her efforts. She was supported by neighbors.

"These people came in and proved that government does work," Jackson said. [[In-content Ad]]

Kosciusko County Commissioners eliminated a zoning exemption Tuesday that was being heavily abused.

The exemption was intended for families living in agricultural areas to sell off adjoining tracts of land to family members.

However, eight of 10 requests in recent years came from people who in turn sold the land to people other than family members.

Clusters of residential subdivisions on prime farm ground were the result.

The abuse went unchecked until two weeks ago when a property owner discovered a neighbor was attempting to circumvent the ordinance's intent.

The move was being made after the county's zoning board denied a request by the property owner to rezone the land and allow him to sell residential tracts.

The neighbor, Mary Lou Plummer, brought the issue to the commissioners two weeks ago in hopes of blocking the move. Plummer said she was unsure whether she succeeded in blocking future residential growth, but said she plans to check if there are alternative routes that could be taken.

She said she wouldn't mind if one house was constructed, but opposes a whole neighborhood being developed.

The commissioners voted unanimously to eliminate the exemption, and commissioner Brad Jackson said they will work with the plan office to ensure farm families will be able to hand adjacent property down to their children.

The decision is not intended to hurt farm families, he said.

Plummer and her family live on County Road 400E, north of Warsaw in Plain Township. The property in question is located north of the Plummers. The owner who sought the zoning change was Randy Newland, who deeded the property over to Fred Hager.

Neither Newland nor Hager attended the meetings or could be reached for comment.

"I didn't do this just for myself. I did it for the entire county," Plummer said afterward.

Families in agricultural zones can still split their property three times and can still seek to have the land rezoned Ag II as ways of keeping it all in the family, said plan director Dan Richard.

The exemption was intended for families who have exhausted the three splits, he said.

Jackson commended Plummer for her efforts. She was supported by neighbors.

"These people came in and proved that government does work," Jackson said. [[In-content Ad]]

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