Zoners OK Petition Despite Complaints From Neighbors
July 28, 2016 at 4:25 p.m.
Residents along Kyle Road remonstrated Tuesday against Greg White's petition for a variance, citing concerns about traffic, safety and water run-off.
But the Kosciusko County Board of Zoning Appeals approved White's petition after weighing both sides of the issues.
White petitioned for a variance to allow two additional sell-offs on 15 acres. The property, on the north side of Kyle Road and zero feet north of Kyle Road in Tippecanoe Township, already has sold the maximum number of sell-offs.
Attorney Steve Snyder, representing White, said the land in question is not usable for agriculture, though it is zoned agriculture. A restrictive covenant will be placed on the plat so the 15 acres cannot be divided into more than three 5-acre tracts. Kyle Road, he said, is a gravel road but is well maintained and not traveled on too much.
Remonstrator Jim Rhodes said he doesn't want trailers near his property. As far as Kyle Road goes, he said, it's one of the last maintained roads in the county and often washes out. Due to the nature of the road, cars often end up in the ditch and he has had to help get cars out of the ditches. He said he doesn't have a problem with one home on the property, but three is too much.
Jerry Craig, remonstrator, said Kyle Road has blind corners and he is concerned about the water run-off that would occur to his property if three homes go on White's property.
Pedestrian traffic on Kyle Road is high from Jellystone Campground, said remonstrator Steve Collins, and the extra traffic with three homes in the area is a concern.
"I just feel Kyle Road is not really suitable for that much more traffic," he said.
Representing Jellystone Campground, Larry Ladd said the campground is concerned about the traffic. Kyle Road has three 90-degree turns and a substantial amount of pedestrian traffic.
Snyder rebutted that he heard from the remonstrators that the 15 acres is good for nothing but one house. "That's foolishness," he said. The Kosciusko County Area Plan Commission referred the case to the BZA because they thought it was good enough for three homes but didn't want to rezone the property.
County roads are meant to have traffic on them, but if people want to "drive foolishly," that's not a basis to penalize the development of land, Snyder said.
Three residences won't increase the traffic noticeably, he said. He also said the petitioner would put a restrictive covenant on the development to not allow single-width homes.
Charlie Haffner, BZA member, made a motion to approve the petition on the condition that the plan commission technical committee review the site plan and changes be made as requested. The motion was approved.
In other business, the BZA:
• Continued until the Nov. 9 meeting James Marcuccilli's petition for an exception to allow the change and alteration of a previously granted exception by allowing 14 structures in a residential district. The property is on the north side of Woody's Lane and zero feet west of Turkey Creek Road in Turkey Creek Township.
Snyder said they are actually asking for 13 units in 13 structures. There are five units already in place and eight guest houses are to be added.
Haffner said he wanted to postpone the petition to give the Wawasee Property Owners Association more time to review it. Snyder objected, saying all the information was available and if they want more, they could have requested it from him. Snyder is on the board of directors. The zoning ordinances do not require petitioners to provide information to the property owners association, he said, and if that's what the BZA wants, then they need to amend their ordinances.
Board member Walter Church made a motion to approve the petition, but it died for a lack of second. Haffner's motion to continue the petition a month was approved.
• Denied Devon Hochstetler's petition for an exception for a home-based business in an agricultural district. The board gave Hochstetler one year to move his woodworking business to an area in an industrial park or he can re-petition in a year, but his business would have to be in compliance with the home-based business standards set by ordinance. The property is on the north side of CR 1150N and 1,300 feet east of CR 700W in Jefferson Township.
• Heard Wawasee Airport's petition for an exception to allow the change and expansion to a legal nonconforming use by allowing an additional 12 airplane hangars in a public use district was withdrawn. The property is on the east side of Bishop Road and 500 feet south of CR 1290N in Turkey Creek Township. Attorney Steve Snyder, representing Wawasee Airport, said the site plan is being modified.
• Denied Estel Lewis' petition for an exception to allow six chickens in a residential district. The property is on the west side of Lakeshore Drive and zero feet east of Woodland Lane in Monroe Township.
Members of the BZA are Vic Virgil, Bob Beer, Walter Church, John Connolly and Charlie Haffner. They meet at 8:30 a.m. in the Justice Building meeting room on the second Tuesday of every month. [[In-content Ad]]
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Residents along Kyle Road remonstrated Tuesday against Greg White's petition for a variance, citing concerns about traffic, safety and water run-off.
But the Kosciusko County Board of Zoning Appeals approved White's petition after weighing both sides of the issues.
White petitioned for a variance to allow two additional sell-offs on 15 acres. The property, on the north side of Kyle Road and zero feet north of Kyle Road in Tippecanoe Township, already has sold the maximum number of sell-offs.
Attorney Steve Snyder, representing White, said the land in question is not usable for agriculture, though it is zoned agriculture. A restrictive covenant will be placed on the plat so the 15 acres cannot be divided into more than three 5-acre tracts. Kyle Road, he said, is a gravel road but is well maintained and not traveled on too much.
Remonstrator Jim Rhodes said he doesn't want trailers near his property. As far as Kyle Road goes, he said, it's one of the last maintained roads in the county and often washes out. Due to the nature of the road, cars often end up in the ditch and he has had to help get cars out of the ditches. He said he doesn't have a problem with one home on the property, but three is too much.
Jerry Craig, remonstrator, said Kyle Road has blind corners and he is concerned about the water run-off that would occur to his property if three homes go on White's property.
Pedestrian traffic on Kyle Road is high from Jellystone Campground, said remonstrator Steve Collins, and the extra traffic with three homes in the area is a concern.
"I just feel Kyle Road is not really suitable for that much more traffic," he said.
Representing Jellystone Campground, Larry Ladd said the campground is concerned about the traffic. Kyle Road has three 90-degree turns and a substantial amount of pedestrian traffic.
Snyder rebutted that he heard from the remonstrators that the 15 acres is good for nothing but one house. "That's foolishness," he said. The Kosciusko County Area Plan Commission referred the case to the BZA because they thought it was good enough for three homes but didn't want to rezone the property.
County roads are meant to have traffic on them, but if people want to "drive foolishly," that's not a basis to penalize the development of land, Snyder said.
Three residences won't increase the traffic noticeably, he said. He also said the petitioner would put a restrictive covenant on the development to not allow single-width homes.
Charlie Haffner, BZA member, made a motion to approve the petition on the condition that the plan commission technical committee review the site plan and changes be made as requested. The motion was approved.
In other business, the BZA:
• Continued until the Nov. 9 meeting James Marcuccilli's petition for an exception to allow the change and alteration of a previously granted exception by allowing 14 structures in a residential district. The property is on the north side of Woody's Lane and zero feet west of Turkey Creek Road in Turkey Creek Township.
Snyder said they are actually asking for 13 units in 13 structures. There are five units already in place and eight guest houses are to be added.
Haffner said he wanted to postpone the petition to give the Wawasee Property Owners Association more time to review it. Snyder objected, saying all the information was available and if they want more, they could have requested it from him. Snyder is on the board of directors. The zoning ordinances do not require petitioners to provide information to the property owners association, he said, and if that's what the BZA wants, then they need to amend their ordinances.
Board member Walter Church made a motion to approve the petition, but it died for a lack of second. Haffner's motion to continue the petition a month was approved.
• Denied Devon Hochstetler's petition for an exception for a home-based business in an agricultural district. The board gave Hochstetler one year to move his woodworking business to an area in an industrial park or he can re-petition in a year, but his business would have to be in compliance with the home-based business standards set by ordinance. The property is on the north side of CR 1150N and 1,300 feet east of CR 700W in Jefferson Township.
• Heard Wawasee Airport's petition for an exception to allow the change and expansion to a legal nonconforming use by allowing an additional 12 airplane hangars in a public use district was withdrawn. The property is on the east side of Bishop Road and 500 feet south of CR 1290N in Turkey Creek Township. Attorney Steve Snyder, representing Wawasee Airport, said the site plan is being modified.
• Denied Estel Lewis' petition for an exception to allow six chickens in a residential district. The property is on the west side of Lakeshore Drive and zero feet east of Woodland Lane in Monroe Township.
Members of the BZA are Vic Virgil, Bob Beer, Walter Church, John Connolly and Charlie Haffner. They meet at 8:30 a.m. in the Justice Building meeting room on the second Tuesday of every month. [[In-content Ad]]