Enchanted Hills Variances Put On Hold

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

By DAVID SLONE, Times-Union Staff Writer-

Three petitions for variances in Enchanted Hills from three property owners were given until April to work out their problems with the property owners' association.

The same three petitions were continued last month to Monday to do the same thing, but the petitioners wanted more time and the Kosciusko County Board of Zoning Appeals agreed.

Kevin and Candy Pelz petitioned for a variance to allow two existing sheds to remain as placed 9.5 feet from the water's edge and a possible nonconforming pre-existing 16-foot by 10-foot shed to remain as placed 7 feet from the water's edge. The property is on the east side of Rumplestilskin Drive and 1,150 feet south of Rainbow Lane in Turkey Creek Township.

James and Frances Mac petitioned for a variance to allow a shed to remain as placed 8 feet from the water's edge. The property is on the east side of Fascination Way and 50 feet north of Candy Cane Lane in Turkey Creek Township.

The third petitioner was from Merlin Wolfe, who wants a variance to allow two existing sheds to remain as placed 21 and 22 feet from the water's edge and 7 feet, 6 inches from the north side line and 5 feet from the south side line. The property is on the east side of Rumpelstiltskin Drive and 1,100 feet south of Rainbow Lane in Turkey Creek Township.

Wolfe presented the BZA with a letter from the property owners' association and said there was nothing in the association's bylaws regarding property near the water's edge.

"This doesn't help us," said Charlie Haffner, BZA member.

"The view of the water is what gives enhanced value to these properties," said plan commission director Dan Richard. If the sheds block people's views of the lake, he said, that will hurt the petitioners and the neighbors. Richard said the board will want to uphold the setbacks from the water's edge and keep the setbacks consistent.

Association president Steve Saylor said their attorney informed the association's board that they shouldn't make any approval or disapproval. The association board can say only that they do not have a problem with a petition.

Haffner made a motion to table the petitions until April for the petitioners to arrive at a consensus on the matter with the property owners' association.

Another petition tabled until May was Jay Miller's request for a variance to permit an existing mobile home to remain as placed 10 feet from the road right of way and to allow two existing sheds to remain 23 feet from the road right of way and 5 feet from the north-side line. The property is on the north side of EMS B7A Lane and zero feet west of Ind. 13 in Tippecanoe Township.

Miller said while he owned the property, he's not living there, it's a rental property.

Walter Church, BZA member, said if the property is cleaned up and had only one shed, he might approve the request. But that isn't the case.

If the petition is ordered to come into compliance, BZA member Vic Virgil said, the property would have to be cleaned up then. He said he wanted one of the board members to go out with Richard and look at the property now. Miller would have six months to clean up the property and then the board member and Richard would inspect the site and report back to the BZA in six months. A decision on the petition would be made at that time.

The board approved Virgil's motion.

In other business, the BZA:

• Denied R.E. Parrish's petition for a variance to permit allowing a residence to remain 42.18 feet from the road right of way. The property is on the west side of CR 100E and zero feet south of Levi Lee Road in Plain Township.

• Approved Arthur Hewitt's petition for a variance to permit a construction of a residence addition breezeway and residence accessory attached/detached garage 5 feet from the road right of way. The property is on the north side of EMS W31A Lane and 840 feet west of CR 850E in Tippecanoe Township.

• Approved Pam and Gordon Cox's petition for a variance to permit allowing a residence to be reconstructed 15 feet from the road right of way. The property is on the north side of EMS T13E Lane and 50 feet east of EMS T13 Lane in Tippecanoe Township.

• Approved Rosika Mahony's petition for a variance to permit a deck and shed to remain 5 feet from the side property line. The property is on the north side of EMS D18C Lane and south of Dewart Lake in Van Buren Township.

• Approved Kevin Bell's petition for an exception to allow outside seasonal storage of boats and equipment and to construct a hoist on location as placed in a commercial district. The property is on the east side of Ind. 13 and 1,050 feet south of CR 500N in Tippecanoe Township.

The BZA required Bell to place screening on the property on the west side and 100 feet back on the north and south sides of the property.

• Approved Billy Little's petition for a variance to permit the construction of a 6-foot-by-16-foot addition to an existing detached garage 20 feet from the north road right of way and 5 feet from the east-side line. The property is on the south side of Camp Mack Road and zero feet northeast of Waubee Lake in Van Buren Township.

There were a total of 22 petitions before the BZA Monday.

Members of the BZA are Vic Virgil, Walter Church, Charlie Haffner, John Conley and Bob Beer. They regularly meet at 8:30 a.m. in the Justice Building meeting room, Warsaw, on the second Tuesday of every month. [[In-content Ad]]

Three petitions for variances in Enchanted Hills from three property owners were given until April to work out their problems with the property owners' association.

The same three petitions were continued last month to Monday to do the same thing, but the petitioners wanted more time and the Kosciusko County Board of Zoning Appeals agreed.

Kevin and Candy Pelz petitioned for a variance to allow two existing sheds to remain as placed 9.5 feet from the water's edge and a possible nonconforming pre-existing 16-foot by 10-foot shed to remain as placed 7 feet from the water's edge. The property is on the east side of Rumplestilskin Drive and 1,150 feet south of Rainbow Lane in Turkey Creek Township.

James and Frances Mac petitioned for a variance to allow a shed to remain as placed 8 feet from the water's edge. The property is on the east side of Fascination Way and 50 feet north of Candy Cane Lane in Turkey Creek Township.

The third petitioner was from Merlin Wolfe, who wants a variance to allow two existing sheds to remain as placed 21 and 22 feet from the water's edge and 7 feet, 6 inches from the north side line and 5 feet from the south side line. The property is on the east side of Rumpelstiltskin Drive and 1,100 feet south of Rainbow Lane in Turkey Creek Township.

Wolfe presented the BZA with a letter from the property owners' association and said there was nothing in the association's bylaws regarding property near the water's edge.

"This doesn't help us," said Charlie Haffner, BZA member.

"The view of the water is what gives enhanced value to these properties," said plan commission director Dan Richard. If the sheds block people's views of the lake, he said, that will hurt the petitioners and the neighbors. Richard said the board will want to uphold the setbacks from the water's edge and keep the setbacks consistent.

Association president Steve Saylor said their attorney informed the association's board that they shouldn't make any approval or disapproval. The association board can say only that they do not have a problem with a petition.

Haffner made a motion to table the petitions until April for the petitioners to arrive at a consensus on the matter with the property owners' association.

Another petition tabled until May was Jay Miller's request for a variance to permit an existing mobile home to remain as placed 10 feet from the road right of way and to allow two existing sheds to remain 23 feet from the road right of way and 5 feet from the north-side line. The property is on the north side of EMS B7A Lane and zero feet west of Ind. 13 in Tippecanoe Township.

Miller said while he owned the property, he's not living there, it's a rental property.

Walter Church, BZA member, said if the property is cleaned up and had only one shed, he might approve the request. But that isn't the case.

If the petition is ordered to come into compliance, BZA member Vic Virgil said, the property would have to be cleaned up then. He said he wanted one of the board members to go out with Richard and look at the property now. Miller would have six months to clean up the property and then the board member and Richard would inspect the site and report back to the BZA in six months. A decision on the petition would be made at that time.

The board approved Virgil's motion.

In other business, the BZA:

• Denied R.E. Parrish's petition for a variance to permit allowing a residence to remain 42.18 feet from the road right of way. The property is on the west side of CR 100E and zero feet south of Levi Lee Road in Plain Township.

• Approved Arthur Hewitt's petition for a variance to permit a construction of a residence addition breezeway and residence accessory attached/detached garage 5 feet from the road right of way. The property is on the north side of EMS W31A Lane and 840 feet west of CR 850E in Tippecanoe Township.

• Approved Pam and Gordon Cox's petition for a variance to permit allowing a residence to be reconstructed 15 feet from the road right of way. The property is on the north side of EMS T13E Lane and 50 feet east of EMS T13 Lane in Tippecanoe Township.

• Approved Rosika Mahony's petition for a variance to permit a deck and shed to remain 5 feet from the side property line. The property is on the north side of EMS D18C Lane and south of Dewart Lake in Van Buren Township.

• Approved Kevin Bell's petition for an exception to allow outside seasonal storage of boats and equipment and to construct a hoist on location as placed in a commercial district. The property is on the east side of Ind. 13 and 1,050 feet south of CR 500N in Tippecanoe Township.

The BZA required Bell to place screening on the property on the west side and 100 feet back on the north and south sides of the property.

• Approved Billy Little's petition for a variance to permit the construction of a 6-foot-by-16-foot addition to an existing detached garage 20 feet from the north road right of way and 5 feet from the east-side line. The property is on the south side of Camp Mack Road and zero feet northeast of Waubee Lake in Van Buren Township.

There were a total of 22 petitions before the BZA Monday.

Members of the BZA are Vic Virgil, Walter Church, Charlie Haffner, John Conley and Bob Beer. They regularly meet at 8:30 a.m. in the Justice Building meeting room, Warsaw, on the second Tuesday of every month. [[In-content Ad]]

Have a news tip? Email [email protected] or Call/Text 360-922-3092

e-Edition


e-edition

Sign up


for our email newsletters

Weekly Top Stories

Sign up to get our top stories delivered to your inbox every Sunday

Daily Updates & Breaking News Alerts

Sign up to get our daily updates and breaking news alerts delivered to your inbox daily

Latest Stories


3-day bike event is Friday, Saturday & Sunday
WINONA LAKE - For Fat & Skinny Tire Fest co-founder and co-director Greg Demopoulos, the fact that this weekend is the 20th year for the three-day bicycling event is surreal.

Nappanee Man Injured In Turkey Hunting Accident In Fulton County
A Nappanee man was injured in a turkey hunting accident Saturday in Fulton County.

Breakfast Optimist Club Car Show Is Sunday
Warsaw Breakfast Optimist Club is hosting the 15th Annual City of Lakes Car Show on Sunday, May 18 from noon to 5 p.m. in downtown Warsaw at the courthouse square.

Huntington Teen Arrested On Rape, Child Molesting Charges
A Huntington teen was arrested after allegedly forcing a minor under 14 to have sex.

Attorney General Rokita Sounds The Alarm On Fake TxTag Emails That Target Hoosiers’ Wallets
Indiana Attorney General Todd Rokita is alerting Hoosiers to a surge in spam emails falsely claiming to be from State of Indiana departments regarding TxTag, the Texas toll collection system.