Truex Says Cops Should Hear Zoning Complaints
July 28, 2016 at 4:25 p.m.
Complaints against a neighbor often bring a property owner before the Kosciusko County Board of Zoning Appeals or Area Plan Commission.
Commissioner Ron Truex appeared before the APC Wednesday asking that such complaints, about a non-permanent structure, be rerouted to the sheriff's department for review.
"Let a deputy determine if it is a safety issue or vision issue and save the property owner $75," Truex said. It costs $75 to get a zoning variance, which must be approved by the BZA.
Giving examples like satellite dishes in right of ways and boats stored on properties too close to the road, Truex said if the structure was "ok," a letter noting the violation and absolving the county of any liability could be sent to the property owner.
"We get telephone calls all the time," Truex said. "The neighbors don't seem to have an issue until we find it. Just because we're in the area, looking at something else, doesn't mean we have to find other violations.
"We need to find a middle ground."
APC member Charles Haffner objected to the request.
"Satellite dishes are one thing. They need a line of access. As long as they're not in the right of way, we send them a letter about possible damages," Haffner said. "But you have a boat in the setback area and a neighbor can't see to get out. The boat owner happens to be a friend of the deputy who lets it slide. The police don't need to spend their time doing that. We have these ordinances for a reason."
Since the commissioner was there, he was invited to sit down and discuss recent decisions made against the board's recommendations.
"We make our recommendations," said APC Director Dan Richard, "and it's my job to get the recommendations through. The commissioners often rehear the remonstrators' arguments. It often puts me in an awkward spot."
Truex gave the recent decision to allow 18 acres near Chapman Lake as an example.
"The only reason given not to rezone it as residential was the potential for erosion. We have very strict erosion control laws in this county," Truex said.
He added that he drove around the area and saw 40 to 50 houses within a quarter mile of the lake. More than 25 property owners remonstrated against the petition.
"If you have that many adjacent property owners, you have an area that is already residential. The 18 acres will support 18 to 20 houses. We have an opportunity to control that growth. We should consolidate when we can."
Truex added that erosion and runoff was more likely to occur from a worked field than a controlled subdivision.
Truex also talked about the recent request of Stanley Custer who asked to add housing to "his" property, the Little Big Horn Golf Course. The APC recommended against the project because the request was not in character with the mostly agricultural neighborhood. The item was tabled by the commissioner's until Nov. 15.
Truex said Custer's attorney Rick Helm notified the commissioners the golf course had been sold, on contract, to a third party. Custer owns the adjacent property, where houses were proposed.
"The golf course is no longer Mr. Custer's," Truex said. "That puts a different light on it. Mr. Helm let us know as soon as he found out."
Richard said the state has reorganized the composition of the county planning commissions. A commissioner and county council member will likely sit on the board next year.
The board also:
• Approved a preliminary plat as requested by Blue Print Developers, Rochester. The residential development is on 26 acres and shows 29 single-family housing lots. The property is on the north side of CR 225S and on the east side of CR 75E in Wayne Township.
Larry Long represented the developers. He said plans are to have two roads off CR 75E and one off CR 225S. County road supervisor Dennis Pletcher said the ingress should be 500 feet from the intersection. He noted that while CR 225S was a "slow" speed road there was a lot of traffic.
Adjacent property owner Kathy Hamman asked the line of trees on the back of her property be retained. She also asked about the price range of the future houses.
APC president Vic Virgil said the board did not direct housing size or cost, but she could ask the developer for that information.
Long said the developer would like to keep the trees, too.
• Approved a preliminary plat for a residential development on the southwest corner of Ind. 13 and CR 500N in Tippecanoe Township. Plans call for 93 single family lots on 50 acres.
Changes for Carr Development, Rochester, include increasing a commercial district to three lots from two lots.
The board also asked that the southeast drainage pond be specifically delineated; that an access road lead to the pond; that the outlet for north detention pond be moved back and a grassy swale be installed to handle the outflow.
APC members are: Vic Virgil, Dick Kemper, Kelly Easterday, Hal Strong, Norm Lovell, Don Arns, Larry Copeland, Kevin McSherry and Charles Haffner. [[In-content Ad]]
Complaints against a neighbor often bring a property owner before the Kosciusko County Board of Zoning Appeals or Area Plan Commission.
Commissioner Ron Truex appeared before the APC Wednesday asking that such complaints, about a non-permanent structure, be rerouted to the sheriff's department for review.
"Let a deputy determine if it is a safety issue or vision issue and save the property owner $75," Truex said. It costs $75 to get a zoning variance, which must be approved by the BZA.
Giving examples like satellite dishes in right of ways and boats stored on properties too close to the road, Truex said if the structure was "ok," a letter noting the violation and absolving the county of any liability could be sent to the property owner.
"We get telephone calls all the time," Truex said. "The neighbors don't seem to have an issue until we find it. Just because we're in the area, looking at something else, doesn't mean we have to find other violations.
"We need to find a middle ground."
APC member Charles Haffner objected to the request.
"Satellite dishes are one thing. They need a line of access. As long as they're not in the right of way, we send them a letter about possible damages," Haffner said. "But you have a boat in the setback area and a neighbor can't see to get out. The boat owner happens to be a friend of the deputy who lets it slide. The police don't need to spend their time doing that. We have these ordinances for a reason."
Since the commissioner was there, he was invited to sit down and discuss recent decisions made against the board's recommendations.
"We make our recommendations," said APC Director Dan Richard, "and it's my job to get the recommendations through. The commissioners often rehear the remonstrators' arguments. It often puts me in an awkward spot."
Truex gave the recent decision to allow 18 acres near Chapman Lake as an example.
"The only reason given not to rezone it as residential was the potential for erosion. We have very strict erosion control laws in this county," Truex said.
He added that he drove around the area and saw 40 to 50 houses within a quarter mile of the lake. More than 25 property owners remonstrated against the petition.
"If you have that many adjacent property owners, you have an area that is already residential. The 18 acres will support 18 to 20 houses. We have an opportunity to control that growth. We should consolidate when we can."
Truex added that erosion and runoff was more likely to occur from a worked field than a controlled subdivision.
Truex also talked about the recent request of Stanley Custer who asked to add housing to "his" property, the Little Big Horn Golf Course. The APC recommended against the project because the request was not in character with the mostly agricultural neighborhood. The item was tabled by the commissioner's until Nov. 15.
Truex said Custer's attorney Rick Helm notified the commissioners the golf course had been sold, on contract, to a third party. Custer owns the adjacent property, where houses were proposed.
"The golf course is no longer Mr. Custer's," Truex said. "That puts a different light on it. Mr. Helm let us know as soon as he found out."
Richard said the state has reorganized the composition of the county planning commissions. A commissioner and county council member will likely sit on the board next year.
The board also:
• Approved a preliminary plat as requested by Blue Print Developers, Rochester. The residential development is on 26 acres and shows 29 single-family housing lots. The property is on the north side of CR 225S and on the east side of CR 75E in Wayne Township.
Larry Long represented the developers. He said plans are to have two roads off CR 75E and one off CR 225S. County road supervisor Dennis Pletcher said the ingress should be 500 feet from the intersection. He noted that while CR 225S was a "slow" speed road there was a lot of traffic.
Adjacent property owner Kathy Hamman asked the line of trees on the back of her property be retained. She also asked about the price range of the future houses.
APC president Vic Virgil said the board did not direct housing size or cost, but she could ask the developer for that information.
Long said the developer would like to keep the trees, too.
• Approved a preliminary plat for a residential development on the southwest corner of Ind. 13 and CR 500N in Tippecanoe Township. Plans call for 93 single family lots on 50 acres.
Changes for Carr Development, Rochester, include increasing a commercial district to three lots from two lots.
The board also asked that the southeast drainage pond be specifically delineated; that an access road lead to the pond; that the outlet for north detention pond be moved back and a grassy swale be installed to handle the outflow.
APC members are: Vic Virgil, Dick Kemper, Kelly Easterday, Hal Strong, Norm Lovell, Don Arns, Larry Copeland, Kevin McSherry and Charles Haffner. [[In-content Ad]]