It doesn't matter what Daniel J. Conley's plans are for his property in Plain Township.

At the meeting of the Kosciusko County Area Plan Commission Wednesday, he was denied his request to rezone 20 acres from an agricultural district to an agricultural two district because of what might occur in the future. His property is north of CR 300N and east of CR 200W.

Downsizing within Zimmer created a need for Conley to change his retirement plans. He wanted to build on five of the 20 acres, and then sell the house and five acres.

He would then retire on the rest of the 15 acres. Conley also said he would make sure that the property always stays in the hands of his family.

"I have absolutely no intention of subdividing that into lots," Conley told the APC.

A pond would be built on the east side to help with drainage problems. In addition, a 2-1/2- foot trench, 600 feet long, would be dug to help with water runoff problems.

"The size of the pond is such that there's no way you can get a lot between the pond and the property line," Conley said.

His case was originally heard in January and continued to this month so Conley could try to buy some additional property from a neighbor. With additional property, Conley would not have to rezone his land. He came back to the APC empty-handed.

"I approached the neighbor," Conley said, "and he said he didn't really want to sell."

APC member and County Surveyor Dick Kemper told Conley, "Your plan looks good but the fear is if it isn't in your hands tomorrow."

By rezoning the property to Ag II, the property could be further subdivided. The commission said they do not want further sub-division to occur. Conley said that would not happen.

"This is strictly for me and my family," he said.

Area Plan Director Dan Richard said, "Our ordinances are set up so you get so many sell-offs and then that's that."

There were no remonstrators to Conley's petition.

APC member Charles Haffner said, "The chances of it becoming a residential district are almost nil."

Haffner moved to approve, but no one seconded the motion and it died. APC member Matt Vigneault moved to deny the petition. It was seconded and approved by a vote of 7 to 1.

It was Haffner who voted against the denial and it was Haffner who motioned to deny the following case, one that was almost similar to Conley's case.

Roger Clemens appeared to ask for approval to rezone 21 acres from an Ag District to an Ag II District. His property is on the south side of CR 700S in Clay Township.

Clemens, who owns 55 acres at Schultz Lake already zoned Ag II, recently bought the additional 21 acres. He wants to subdivide it into three lots and one outlot. He told the APC he promised to keep 60 percent of the deciduous forest, 90 percent of the wetlands and 78 percent of the shoreline intact forever.

"If anyone subdivides any of these three lots, they will lose their ownership of their share of the outlets," Clemens said.

He told the APC he has lived there approximately 25 years and is trying to do the best he can do with it. Schultz Lake, he said, is nine acres.

"I've owned the property around the lake for 26 years," he said. "I'm trying to strengthen it as much as possible that this property never gets subdivided further."

Clemens told the APC that even without their and the commissioners' approval, he would still be able to do what he wants to do with it, according to his attorney. He said he wanted to get the APC's and commissioners 'approval, though.

"Just the fact that I could (subdivide the property) now and I'm not, I ask the board and the county commissioners to have a little faith," Clemens said.

Vigneault told the other APC members: "There are already 55 acres there that can be subdivided, so in that regard, this case is a little different from other Ag II cases we've heard."

Like Conley's case, there were no remonstrators against Clemens' case.

Haffner made the motion to deny "in an effort to be consistent," he said. The APC unanimously approved.

A petition by Terry and Debra Thompson to rezone ground on the east side of Ind. 13 and south of CR 500N in Tippecanoe Township from a commercial and Ag District to an Industrial II District was denied. The 15.52-acre property would be used to add on to the current building, build storage areas and create a drive. A fenced-in area would be used to store equipment. There were no remonstrators to the petition.

A petition by the Cyril and Myrtle Likens Estate to rezone 13.16 acres of 39.12 acres from an Agricultural District to a Residential District was met with protest by the Barbee Property Owners Association. The Barbee Lake property is in Tippecanoe Township.

Likens' representative, John Kimple, said, "The main purpose is to get rezoning to sell this tract of ground."

The Barbee Lakes Property Owners Association discovered the work would not be where they thought it was going to be, so they backed off their remonstration.

Richard said, "Just because it's zoned residential doesn't mean its going to be developed."

He also told the BLPOA, "Three-fourths of this you can't build on anyway."

Kemper said, "The difference between this and the previous hearing is that a residential classification fits this area."

The APC approved the petition.

The Area Plan Commission meets at 1 p.m. in the Justice Building on the first Wednesday of each month. [[In-content Ad]]