Planners May Start Recording Hearings

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


Kosciusko County Area Plan Commission discussed ways to make property history information more accessible to buyers of real estate in the county Wednesday.

The plan commission invited county councilman and title company owner Bob Sanders, along with attorney Steve Snyder, to join them to discuss the possibility of recording result sheets from plan commission hearings.[[In-content Ad]]Result sheets, County Assistant Planner Matt Sandy explained, contain information on each hearing including who the petitioner was, what they were asking for and what the outcome of the hearing was. Result sheets for each hearing are currently kept in the county plan office, but Sandy said property buyers often don't know to look for them there. The group discussed making the sheets more available by filing them at the county recorder's office.

"People go to the recorder's office to find deeds or other documents on property," Sandy said. "They don't necessarily think of going to the plan office."

Sandy said, when people buy property without knowing the history, it can sometimes cause problems. For example, Sandy said, sometimes the plan commission allows a second residence, like a mobile home, on a property for the owner's parents to live in. The plan commission includes a restriction that, when the property owner's family members stop living in the mobile home, it must be removed.

"Now, if for some reason, the owners sell the property, the buyer may think they can rent out the second residence," said Sandy. "But, after they buy the property, they'll probably receive a letter from us saying, 'You have to remove that mobile home. It was allowed on the condition that it be removed when the former owner stopped using it.'"

Sandy said realtors often do the research and find the property history information for their clients, especially for commercial property. But, he said, sometimes sales are done without a realtor and buyers are later surprised by the historical baggage that comes with their property.

Recording the results sheets would not be free. There is a recording fee for recording documents with the recorder's office. The fee varies depending on the length of the document and other specifications. The plan commission would be required to pay the fees for recording the result sheets. Wednesday, the group discussed solutions to the cost, including possibly increasing the filing fees petitioners pay to file a petition with the plan commission or Board of Zoning Appeals. The fee is currently $75. Sandy said an increase of $15 may be able to average out the cost the plan commission would face to record result sheets.

Sanders told the board he sees several problems with the plan to record result sheets. While increasing filing fees may mitigate the cost to begin recording, Sanders said there would also be a cost to record all the result sheets the plan office has stored currently.

"To make it effective, you must go back to the beginning," he said. "That would be a tremendous cost to the county."

Sanders said the instances when people need the result sheet information aren't common.

"When it's needed, people ask for," he said. "It's not an everyday occurrence."

The plan commission did not take action on the issue.

Kosciusko County Area Plan Commission discussed ways to make property history information more accessible to buyers of real estate in the county Wednesday.

The plan commission invited county councilman and title company owner Bob Sanders, along with attorney Steve Snyder, to join them to discuss the possibility of recording result sheets from plan commission hearings.[[In-content Ad]]Result sheets, County Assistant Planner Matt Sandy explained, contain information on each hearing including who the petitioner was, what they were asking for and what the outcome of the hearing was. Result sheets for each hearing are currently kept in the county plan office, but Sandy said property buyers often don't know to look for them there. The group discussed making the sheets more available by filing them at the county recorder's office.

"People go to the recorder's office to find deeds or other documents on property," Sandy said. "They don't necessarily think of going to the plan office."

Sandy said, when people buy property without knowing the history, it can sometimes cause problems. For example, Sandy said, sometimes the plan commission allows a second residence, like a mobile home, on a property for the owner's parents to live in. The plan commission includes a restriction that, when the property owner's family members stop living in the mobile home, it must be removed.

"Now, if for some reason, the owners sell the property, the buyer may think they can rent out the second residence," said Sandy. "But, after they buy the property, they'll probably receive a letter from us saying, 'You have to remove that mobile home. It was allowed on the condition that it be removed when the former owner stopped using it.'"

Sandy said realtors often do the research and find the property history information for their clients, especially for commercial property. But, he said, sometimes sales are done without a realtor and buyers are later surprised by the historical baggage that comes with their property.

Recording the results sheets would not be free. There is a recording fee for recording documents with the recorder's office. The fee varies depending on the length of the document and other specifications. The plan commission would be required to pay the fees for recording the result sheets. Wednesday, the group discussed solutions to the cost, including possibly increasing the filing fees petitioners pay to file a petition with the plan commission or Board of Zoning Appeals. The fee is currently $75. Sandy said an increase of $15 may be able to average out the cost the plan commission would face to record result sheets.

Sanders told the board he sees several problems with the plan to record result sheets. While increasing filing fees may mitigate the cost to begin recording, Sanders said there would also be a cost to record all the result sheets the plan office has stored currently.

"To make it effective, you must go back to the beginning," he said. "That would be a tremendous cost to the county."

Sanders said the instances when people need the result sheet information aren't common.

"When it's needed, people ask for," he said. "It's not an everyday occurrence."

The plan commission did not take action on the issue.
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