Zoning Change Opposed By Residents Of Oakland Hills

March 8, 2018 at 9:10 p.m.


Eight residents and the Town of North Webster filed remonstrance letters with the Kosciusko County Area Plan Commission to block a proposed zoning change in the Oakland Hills subdivision south of the town.

The commission heard the proposal at its monthly meeting Wednesday afternoon.

David Davidsen, owner of Davidsen’s Pier, runs a shop along the west side of Ind. 13 south of Armstrong Road. He also bought eight residential lots on Baldwin Road, the main roadway through the Oakland Hills subdivision, at an auction. The shop’s address is 5234 N. Baldwin Road, Leesburg.

Represented by attorney Steve Snyder, Davidsen’s proposal is to landscape the west side of seven of the eight lots, closest to Baldwin Road, with trees that will be at least 5 to 6 feet tall at planting and double in height in five years. The trees would be planted in such as way as to block from view all but the top of the existing buildings. The eighth and most southern lot would serve as a buffer zone between the pier shop and a residential lot.



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An aerial photo shows a driveway going through the north end of Davidsen’s residential lots.

Three of the eight residents of Oakland Hills who filed remonstrance letters were Michelle Kerlin and Shai and Tony Upchurch. Appearing at Tuesday’s meeting were Travis and Jamie Sibery, Richard and Candace Faught, JoAnn Lougheed, Lonie Bloom, Luther and Alice Lockwood and Worth Packer.

The residents generally had the same concerns regarding the loss of property value, noise and the safety of children playing near semi-truck traffic. They also expressed concerns that heavy trucks, especially those parked overnight waiting to be unloaded at the pier shop, will tear up Baldwin Road.

The Town of North Webster’s letter, signed by Betsy Luce on behalf of the town council, cited the potential loss of revenue to the town in its letter to the commission. The letter acknowledged the subdivision is outside of town limits, but has had sewer service from the beginning.

“Each lot has the potential wastewater revenue of a $1,000 connection fee and wastewater fees for $576 per year. Multiplied by seven, this is a substantial loss of projected revenue per year to the wastewater fund. While there is no guarantee that homes will be built on the lots, a zoning change to commercial will guarantee homes will never be built on the lots.

“Since the original plan for Oakland Hills specifically zoned their lots as residential and people have purchased lots and built homes with this understanding, we feel this trust should not be broken nor do we see any added value of benefits to them with a zoning change to commercial.”

The commission approved a motion to continue the matter to its April 4 meeting so residents and Davidsen can meet with town officials and others with a stake in the process to see if differences can be worked out.

Duane and Gloria Harmon petitioned the commission for a zoning change from agricultural to residential on property they own on CR 500W, south of CR 700N. They want to build a home for their daughter who has a special needs child, and the Harmons live nearby.

Blake Doriot, a surveyor speaking on behalf of the Harmons, said the location of the house is an area that is not well suited for agriculture. “There’s a lot of shade and the trees soak up all the water,” he said.

There was one remonstrator, Richard Harmon, who said there would be a place better suited for the structure on land already owned by Duane Harmon and is zoned residential.

The matter was sent to the county Board of Zoning Appeals for its approval, and continued to the next plan commission meeting.

The commission also approved a preliminary plot for a subdivision on the east side of Lake Wawasee. The plan, submitted by a group called Sailing Rendezvous, calls for a cul de sac running south from East CR 1100N to the east of Turkey Creek Drive. The lots along the lake will be about a half acre each, while those across the street will be closer to a quarter of an acre.

Commissioners did ask the property owners to take care of overgrowth at the corner of CR 1100N and Turkey Creek Drive to improve driver visibility on those roads. Aaron Carl, an engineer representing Sailing Rendezvous, quickly agreed to the request.



Eight residents and the Town of North Webster filed remonstrance letters with the Kosciusko County Area Plan Commission to block a proposed zoning change in the Oakland Hills subdivision south of the town.

The commission heard the proposal at its monthly meeting Wednesday afternoon.

David Davidsen, owner of Davidsen’s Pier, runs a shop along the west side of Ind. 13 south of Armstrong Road. He also bought eight residential lots on Baldwin Road, the main roadway through the Oakland Hills subdivision, at an auction. The shop’s address is 5234 N. Baldwin Road, Leesburg.

Represented by attorney Steve Snyder, Davidsen’s proposal is to landscape the west side of seven of the eight lots, closest to Baldwin Road, with trees that will be at least 5 to 6 feet tall at planting and double in height in five years. The trees would be planted in such as way as to block from view all but the top of the existing buildings. The eighth and most southern lot would serve as a buffer zone between the pier shop and a residential lot.



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An aerial photo shows a driveway going through the north end of Davidsen’s residential lots.

Three of the eight residents of Oakland Hills who filed remonstrance letters were Michelle Kerlin and Shai and Tony Upchurch. Appearing at Tuesday’s meeting were Travis and Jamie Sibery, Richard and Candace Faught, JoAnn Lougheed, Lonie Bloom, Luther and Alice Lockwood and Worth Packer.

The residents generally had the same concerns regarding the loss of property value, noise and the safety of children playing near semi-truck traffic. They also expressed concerns that heavy trucks, especially those parked overnight waiting to be unloaded at the pier shop, will tear up Baldwin Road.

The Town of North Webster’s letter, signed by Betsy Luce on behalf of the town council, cited the potential loss of revenue to the town in its letter to the commission. The letter acknowledged the subdivision is outside of town limits, but has had sewer service from the beginning.

“Each lot has the potential wastewater revenue of a $1,000 connection fee and wastewater fees for $576 per year. Multiplied by seven, this is a substantial loss of projected revenue per year to the wastewater fund. While there is no guarantee that homes will be built on the lots, a zoning change to commercial will guarantee homes will never be built on the lots.

“Since the original plan for Oakland Hills specifically zoned their lots as residential and people have purchased lots and built homes with this understanding, we feel this trust should not be broken nor do we see any added value of benefits to them with a zoning change to commercial.”

The commission approved a motion to continue the matter to its April 4 meeting so residents and Davidsen can meet with town officials and others with a stake in the process to see if differences can be worked out.

Duane and Gloria Harmon petitioned the commission for a zoning change from agricultural to residential on property they own on CR 500W, south of CR 700N. They want to build a home for their daughter who has a special needs child, and the Harmons live nearby.

Blake Doriot, a surveyor speaking on behalf of the Harmons, said the location of the house is an area that is not well suited for agriculture. “There’s a lot of shade and the trees soak up all the water,” he said.

There was one remonstrator, Richard Harmon, who said there would be a place better suited for the structure on land already owned by Duane Harmon and is zoned residential.

The matter was sent to the county Board of Zoning Appeals for its approval, and continued to the next plan commission meeting.

The commission also approved a preliminary plot for a subdivision on the east side of Lake Wawasee. The plan, submitted by a group called Sailing Rendezvous, calls for a cul de sac running south from East CR 1100N to the east of Turkey Creek Drive. The lots along the lake will be about a half acre each, while those across the street will be closer to a quarter of an acre.

Commissioners did ask the property owners to take care of overgrowth at the corner of CR 1100N and Turkey Creek Drive to improve driver visibility on those roads. Aaron Carl, an engineer representing Sailing Rendezvous, quickly agreed to the request.



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