Home-Based Business Approved
July 28, 2016 at 4:25 p.m.
Brad Hough's pre-existing home-based business was approved by the Kosciusko County Board of Zoning Appeals Tuesday.
For five years Hough has operated an excavation, material storage and sales business at 95 W. CR 800S in an agricultural district. The property is on the south side of CR 800S and west of County Farm Road in Clay Township.
Hough's business is now allowed with the condition that he no longer burn tree stumps on the property.
Remonstrators said the business is not in keeping with the neighborhood.
Larry Harmon said water from Hough's detention pond overflowed into his adjacent fields. Hough said he would work on that problem with Harmon.
Recently, county ordinances added trucking to accepted uses in agricultural districts.
Neighbors protested Brett Yates' petitions to allow for a trucking business and for a variance to allow two uses on one property. Other neighbors appeared at the meeting in favor of the business.
Yates has a residence at 3735 S. Tinkey Road. Yates' office is in Rochester, but semi tractor trailers are parked on the Tinkey Road property. He wants to return the office to his property.
Yates' representative Steve Snyder said Yates would have no more than six tractors and six trailers on the property. Employees would be Yates, his father and two drivers.
Most of the time, Snyder said, the trucks would leave once a week and return once a week. More than 50 percent of the loads would be agriculturally related.
But the operation came under fire from neighbors who said Yates has continued to operate without an exception or variance since 2000.
Rick Helm represented remonstrator David Pough, who lives across from Yates on Tinkey Road, and others.
Helm said the business should not be allowed regardless of the ordinance change because the BZA's approval was overturned by the courts in July 2000.
He said Yates' refrigerated units run all night and the trucks run all day, not once a week as Snyder maintained. He said the business has continued to operate despite the court order.
"The 'story' is he's been operating in Fulton County," Helm said.
The BZA members approved both of Yates' petitions. Member Vic Virgil said the business is needed in this county.
Helm was asked if he wanted the photographs of Yates' property with several semi-tractor trailers. He advised the board to put them in the record for a judge to look at.
Juan Raminez was granted a temporary exception to operate a body shop in an industrial II district at Ind. 15, south of CR 350S in Wayne Township.
The property is to be cleaned up in two weeks and installation of a 6-foot-tall solid wood fence is to be completed.
After two weeks, if the property is in compliance, and for a month and a half without violations, approval will continue.
Raminez was warned that any violation will result in immediate revocation of the permit.
Debra Wagner's request to allow an existing residence to remain as placed was approved with conditions. The property is on the west side of EMS B53 Lane and south of Barbee Road in Tippecanoe Township.
A former cottage was torn down and a new one constructed 9 feet from the east right of way, 6 feet from the south side line and 3 feet, 4 inches from the west side.
Wagner is to install and have inspected a proper well and septic by Jan. 1, 2007; ensure proper drainage; and to discover whether or not the property is in a flood zone.
Gary and Valerie Clayton were advised to redesign plans for a shed and carport at 3396 W. Neher Road, Silver Lake.
The Claytons originally asked for a setback of 2 feet from the side easement property line, which was denied. By moving the plans against the house, the lawful 5-foot setback can be maintained.
A neighbor requested the setback be observed to maintain the view of Silver Lake.
The property is on the north side of Neher Road and 800 feet west of Pleasant Street in Lake Township.
Jim and Linda Stouder's concrete wall at the corner of Old 30 and CR 300E in Wayne Township will remain in place. Stouder said he asked the county for a guardrail and eventually settled on building the wall after former Highway Superintendent and Engineer Rob Ladson indicated where the wall could be built.
The structure is within 2 inches of the road right of way and varies from 3 to 4 feet in height. Stouder said runoff from the highway department has been stopped. He also considers it as a safety measure in case someone misses the turn.
"A wall 12 inches high would have stopped the water, but if a car hit it, it would flip end over end and land in the pond," Stouder advised the board. "Highway personnel approved the design. I figured of all people, they should know the rules and regulations."
When asked, Stouder said he would not sign a document absolving the county of liability if an accident occurred at the intersection.
BZA members are Walter Church, Vic Virgil, John Connolly, Charlie Haffner and Bob Beer. [[In-content Ad]]
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Brad Hough's pre-existing home-based business was approved by the Kosciusko County Board of Zoning Appeals Tuesday.
For five years Hough has operated an excavation, material storage and sales business at 95 W. CR 800S in an agricultural district. The property is on the south side of CR 800S and west of County Farm Road in Clay Township.
Hough's business is now allowed with the condition that he no longer burn tree stumps on the property.
Remonstrators said the business is not in keeping with the neighborhood.
Larry Harmon said water from Hough's detention pond overflowed into his adjacent fields. Hough said he would work on that problem with Harmon.
Recently, county ordinances added trucking to accepted uses in agricultural districts.
Neighbors protested Brett Yates' petitions to allow for a trucking business and for a variance to allow two uses on one property. Other neighbors appeared at the meeting in favor of the business.
Yates has a residence at 3735 S. Tinkey Road. Yates' office is in Rochester, but semi tractor trailers are parked on the Tinkey Road property. He wants to return the office to his property.
Yates' representative Steve Snyder said Yates would have no more than six tractors and six trailers on the property. Employees would be Yates, his father and two drivers.
Most of the time, Snyder said, the trucks would leave once a week and return once a week. More than 50 percent of the loads would be agriculturally related.
But the operation came under fire from neighbors who said Yates has continued to operate without an exception or variance since 2000.
Rick Helm represented remonstrator David Pough, who lives across from Yates on Tinkey Road, and others.
Helm said the business should not be allowed regardless of the ordinance change because the BZA's approval was overturned by the courts in July 2000.
He said Yates' refrigerated units run all night and the trucks run all day, not once a week as Snyder maintained. He said the business has continued to operate despite the court order.
"The 'story' is he's been operating in Fulton County," Helm said.
The BZA members approved both of Yates' petitions. Member Vic Virgil said the business is needed in this county.
Helm was asked if he wanted the photographs of Yates' property with several semi-tractor trailers. He advised the board to put them in the record for a judge to look at.
Juan Raminez was granted a temporary exception to operate a body shop in an industrial II district at Ind. 15, south of CR 350S in Wayne Township.
The property is to be cleaned up in two weeks and installation of a 6-foot-tall solid wood fence is to be completed.
After two weeks, if the property is in compliance, and for a month and a half without violations, approval will continue.
Raminez was warned that any violation will result in immediate revocation of the permit.
Debra Wagner's request to allow an existing residence to remain as placed was approved with conditions. The property is on the west side of EMS B53 Lane and south of Barbee Road in Tippecanoe Township.
A former cottage was torn down and a new one constructed 9 feet from the east right of way, 6 feet from the south side line and 3 feet, 4 inches from the west side.
Wagner is to install and have inspected a proper well and septic by Jan. 1, 2007; ensure proper drainage; and to discover whether or not the property is in a flood zone.
Gary and Valerie Clayton were advised to redesign plans for a shed and carport at 3396 W. Neher Road, Silver Lake.
The Claytons originally asked for a setback of 2 feet from the side easement property line, which was denied. By moving the plans against the house, the lawful 5-foot setback can be maintained.
A neighbor requested the setback be observed to maintain the view of Silver Lake.
The property is on the north side of Neher Road and 800 feet west of Pleasant Street in Lake Township.
Jim and Linda Stouder's concrete wall at the corner of Old 30 and CR 300E in Wayne Township will remain in place. Stouder said he asked the county for a guardrail and eventually settled on building the wall after former Highway Superintendent and Engineer Rob Ladson indicated where the wall could be built.
The structure is within 2 inches of the road right of way and varies from 3 to 4 feet in height. Stouder said runoff from the highway department has been stopped. He also considers it as a safety measure in case someone misses the turn.
"A wall 12 inches high would have stopped the water, but if a car hit it, it would flip end over end and land in the pond," Stouder advised the board. "Highway personnel approved the design. I figured of all people, they should know the rules and regulations."
When asked, Stouder said he would not sign a document absolving the county of liability if an accident occurred at the intersection.
BZA members are Walter Church, Vic Virgil, John Connolly, Charlie Haffner and Bob Beer. [[In-content Ad]]