Rezoning Petition Denied
July 28, 2016 at 4:25 p.m.
Despite his attorney being present Tuesday, Floyd Study's petition to rezone 10 acres from an agricultural district to an agricultural II district was denied by the Kosciusko County Commissioners.
Three weeks ago, the Kosciusko County Area Plan Commission unanimously denied his petition.
The 10 acres Study wants rezoned is half of his total property on the south side of CR 150S and west of Ind. 25 in Wayne Township. There were no remonstrators to his petition.
The 10 acres adjacent to the property he wants rezoned is already zoned Ag II. His property is also surrounded by subdivisions in Ag II-zoned areas.
Study's attorney, Steve Snyder, said Study isn't ready to do anything with the property just yet.
Plan Commission Director Dan Richard said the bottom line for the plan commission is that they need to preserve agricultural land and there is a need to keep land compatible with the area. The Ag II rezonings that neighbor Study's property were a mistake, Richard said.
Snyder said he doesn't know of any viable farmers who farm 20 acres. Since Study's property is only 20 acres and is surrounded by Ag II property, Snyder said, "It doesn't make any sense. It's not a viable farm."
He also told the commissioners, "Don't tell Mr. Study that because his neighbor did a bad job in developing theirs, that he can't develop his."
Commissioner Eddie Creighton moved to accept the plan commission's recommendation not to accept the rezoning. Gunter seconded. Commissioner Brad Jackson did not vote during the meeting but later said to mark him down as voting with the other two commissioners.
In other business:
• The commissioners approved letting the Warsaw Optimist Club place a Santa Claus House on the courthouse lawn.
• The commissioners approved Dr. Mark Jensen's contract for 2000 as the county jail doctor. Jensen will receive $18,000 for his services next year.
• County administrator Ron Robinson said the probation department will move to the work release center Nov. 12. The probation department will be closed Nov. 11 and 12 for the move. The department will remain at the center until the Justice Building project is completed.
The commissioners approved $650 for road signs to the probation department and approved $2,400 for a 12-by-18-foot storage shed.
• Approved the creation of a board to oversee the county's pauper counsel. With the board, the county can participate in a state program that may reimburse the county as much as $100,000 per year for providing public defenders.
"They increased the percentage of payback and got rid of requirements that would have cost the county money," attorney Mike Miner told the commissioners.
He said it is profitable for the county now and they only need to set up a board. Complying with the reporting requirements, Miner said, isn't burdensome.
The commissioners will appoint one person to the board and local judges will appoint two people of opposite parties.
Robinson said 24 to 27 counties have opted to participate in the program and others are looking at it.
"We may not be able to recover anything for this year but we want to get the board ready for 2000," he said.
The county's current budget for public defenders is $400,000 per year. The program pays back only county costs for public defense of felony crimes and not misdemeanors.
• Approved reducing the speed limit on CR 1250N in Milford from 45 mph to 35 mph.
• Approved county employee holidays for 2000. [[In-content Ad]]
Despite his attorney being present Tuesday, Floyd Study's petition to rezone 10 acres from an agricultural district to an agricultural II district was denied by the Kosciusko County Commissioners.
Three weeks ago, the Kosciusko County Area Plan Commission unanimously denied his petition.
The 10 acres Study wants rezoned is half of his total property on the south side of CR 150S and west of Ind. 25 in Wayne Township. There were no remonstrators to his petition.
The 10 acres adjacent to the property he wants rezoned is already zoned Ag II. His property is also surrounded by subdivisions in Ag II-zoned areas.
Study's attorney, Steve Snyder, said Study isn't ready to do anything with the property just yet.
Plan Commission Director Dan Richard said the bottom line for the plan commission is that they need to preserve agricultural land and there is a need to keep land compatible with the area. The Ag II rezonings that neighbor Study's property were a mistake, Richard said.
Snyder said he doesn't know of any viable farmers who farm 20 acres. Since Study's property is only 20 acres and is surrounded by Ag II property, Snyder said, "It doesn't make any sense. It's not a viable farm."
He also told the commissioners, "Don't tell Mr. Study that because his neighbor did a bad job in developing theirs, that he can't develop his."
Commissioner Eddie Creighton moved to accept the plan commission's recommendation not to accept the rezoning. Gunter seconded. Commissioner Brad Jackson did not vote during the meeting but later said to mark him down as voting with the other two commissioners.
In other business:
• The commissioners approved letting the Warsaw Optimist Club place a Santa Claus House on the courthouse lawn.
• The commissioners approved Dr. Mark Jensen's contract for 2000 as the county jail doctor. Jensen will receive $18,000 for his services next year.
• County administrator Ron Robinson said the probation department will move to the work release center Nov. 12. The probation department will be closed Nov. 11 and 12 for the move. The department will remain at the center until the Justice Building project is completed.
The commissioners approved $650 for road signs to the probation department and approved $2,400 for a 12-by-18-foot storage shed.
• Approved the creation of a board to oversee the county's pauper counsel. With the board, the county can participate in a state program that may reimburse the county as much as $100,000 per year for providing public defenders.
"They increased the percentage of payback and got rid of requirements that would have cost the county money," attorney Mike Miner told the commissioners.
He said it is profitable for the county now and they only need to set up a board. Complying with the reporting requirements, Miner said, isn't burdensome.
The commissioners will appoint one person to the board and local judges will appoint two people of opposite parties.
Robinson said 24 to 27 counties have opted to participate in the program and others are looking at it.
"We may not be able to recover anything for this year but we want to get the board ready for 2000," he said.
The county's current budget for public defenders is $400,000 per year. The program pays back only county costs for public defense of felony crimes and not misdemeanors.
• Approved reducing the speed limit on CR 1250N in Milford from 45 mph to 35 mph.
• Approved county employee holidays for 2000. [[In-content Ad]]