Lake Access, Water Quality Spark Debate

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

By Joe Kirkendall, Times-Union staff writer-

Topics of lake front property and water quality sparked a debate during Wednesday's Kosciusko County Area Plan Commission meeting.

Attendants argued both in support and in opposition of a proposed ordinance regarding back-lot development and erosion control of the county's lakes.

In the ordinance, a back-lot development is any property that has less than one-eighth of its total perimeter bound by a county lake. These developments include a right of access to the adjacent lake through a grant of easement, license or other interest.

Any residential subdivisions, condominium, cooperative and retirement community with an access point fall into this back-lot category.

In efforts to minimize damage to shorelines and limit the burden to these back-lot developments, the ordinance proposes a funneling system for lakefront properties.

This system would implement a linear footage requirement that would force developers to grant 75 feet of shoreline to the first residential development, 50 feet to the second and 20 feet to each additional residential unit.

Though the commission received numerous letters of support prior to the meeting, many spoke out to oppose the ordinance, saying it limits lake activity for those not owning lakefront property.

"If you want to prevent something, then write an ordinance that prevents that specifically. This (ordinance) is preventing uses that have nothing to do with water quality," resident Stan Pequignot said. "I'd like the lakes in the county to be available for all people, not just those with lakefront property."

Edd Habegger said the ordinance would restrict recreational use of the lake, resulting in a decline in job opportunities and economic development.

"This is very exclusionary," he said. "And I will fight this until the very end."

But others spoke in favor of the restrictions and used environmental aspects and recreational values to defend the funneling system.

"Everyone deserves the privilege of enjoying the local lakes," Tom Hayhurst, a previous owner of property of Tippecanoe Lake, said. "You need to encourage the recreational qualities of these lakes, but I feel you can also control shoreline damage and water quality while doing this."

"I'm not a laker. I'm a farmer, and now I'm glad I'm not a laker," said commission member Vic Virgil said. "We're trying to do something right for a majority of the people and it looks as if we need more time to make the correct decision."

Members said factors such as grandfathering would be studied further before a decision was made.

"I've got to balance public access with property rights," Kosciusko County Surveyor Dick Kemper said. "The funneling issue boils down to numbers and congestion on the lake."

After two hours of deliberation, the matter was tabled, and will again be addressed during a special meeting. A time and date for the meeting will be scheduled at a later date.

The plan commission also:

• Approved a preliminary plat for property owned by Gary and Glendell Webb and located on Palm Drive in Turkey Creek Township.

• Approved the rezoning of ground owned by Don Heavner from agricultural to commercial at the intersection of Levi Lee Road and Ind. 15.

• Approved a preliminary plat presented by J.B. Robinson for a commercial development on property located along Ind. 13 in Tippecanoe Township.

• Approved a petition from James and Karen for the rezoning of a residential district to industrial II. The affected property is west of Riverlawn Drive and 175 feet south of Woodlawn Drive in Plain Township.

APC members are Vic Virgil, Don Ahrms, Norm Lovell, Charles Haffner, Kevin McSherry, Larry Coplen, Dick Kemper, Charlene Knispel and Avis Gunter. [[In-content Ad]]

Topics of lake front property and water quality sparked a debate during Wednesday's Kosciusko County Area Plan Commission meeting.

Attendants argued both in support and in opposition of a proposed ordinance regarding back-lot development and erosion control of the county's lakes.

In the ordinance, a back-lot development is any property that has less than one-eighth of its total perimeter bound by a county lake. These developments include a right of access to the adjacent lake through a grant of easement, license or other interest.

Any residential subdivisions, condominium, cooperative and retirement community with an access point fall into this back-lot category.

In efforts to minimize damage to shorelines and limit the burden to these back-lot developments, the ordinance proposes a funneling system for lakefront properties.

This system would implement a linear footage requirement that would force developers to grant 75 feet of shoreline to the first residential development, 50 feet to the second and 20 feet to each additional residential unit.

Though the commission received numerous letters of support prior to the meeting, many spoke out to oppose the ordinance, saying it limits lake activity for those not owning lakefront property.

"If you want to prevent something, then write an ordinance that prevents that specifically. This (ordinance) is preventing uses that have nothing to do with water quality," resident Stan Pequignot said. "I'd like the lakes in the county to be available for all people, not just those with lakefront property."

Edd Habegger said the ordinance would restrict recreational use of the lake, resulting in a decline in job opportunities and economic development.

"This is very exclusionary," he said. "And I will fight this until the very end."

But others spoke in favor of the restrictions and used environmental aspects and recreational values to defend the funneling system.

"Everyone deserves the privilege of enjoying the local lakes," Tom Hayhurst, a previous owner of property of Tippecanoe Lake, said. "You need to encourage the recreational qualities of these lakes, but I feel you can also control shoreline damage and water quality while doing this."

"I'm not a laker. I'm a farmer, and now I'm glad I'm not a laker," said commission member Vic Virgil said. "We're trying to do something right for a majority of the people and it looks as if we need more time to make the correct decision."

Members said factors such as grandfathering would be studied further before a decision was made.

"I've got to balance public access with property rights," Kosciusko County Surveyor Dick Kemper said. "The funneling issue boils down to numbers and congestion on the lake."

After two hours of deliberation, the matter was tabled, and will again be addressed during a special meeting. A time and date for the meeting will be scheduled at a later date.

The plan commission also:

• Approved a preliminary plat for property owned by Gary and Glendell Webb and located on Palm Drive in Turkey Creek Township.

• Approved the rezoning of ground owned by Don Heavner from agricultural to commercial at the intersection of Levi Lee Road and Ind. 15.

• Approved a preliminary plat presented by J.B. Robinson for a commercial development on property located along Ind. 13 in Tippecanoe Township.

• Approved a petition from James and Karen for the rezoning of a residential district to industrial II. The affected property is west of Riverlawn Drive and 175 feet south of Woodlawn Drive in Plain Township.

APC members are Vic Virgil, Don Ahrms, Norm Lovell, Charles Haffner, Kevin McSherry, Larry Coplen, Dick Kemper, Charlene Knispel and Avis Gunter. [[In-content Ad]]

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