Warsaw Plan Commission Makes Short Order Of Petitions At Meeting Monday
February 11, 2020 at 3:50 a.m.
By David [email protected]
There were no remonstrators.
On behalf of Tari Heath, attorney Stephen Snyder requested approval of a preliminary plat and final replat showing the property line to the low-water mark of Winona Lake. The two-lot 0.67 acres is in a Residential-1 district at 1810 North Bay Drive.
City Senior Planner Justin Taylor said the proposed amended replat meets the development standards for a subdivision within an R-1 zoning district. The plat has been amended to show the existing property line extended to the low-water mark per the lot descriptions in the original subdivision plat from 1952. The plat does not contain any revisions to existing easements.
He recommended that the plan commission grant preliminary and final approval for the plat as presented.
Commission President Tom Allen asked Taylor what the “controversy” was with the petition. Taylor said there wasn’t any real controversy, but “basically, it’s an extension of those property lines as they should have been from the original plat for the neighborhood.”
Explaining it further, Snyder said, “This is nothing more than correcting a mistake made by a surveyor when the middle plat was laid out.”
He said the first plat is North Bay Drive Addition, which was recorded “a long time ago” and shows lot 1. Lot 1 is shown running all the way to the water’s edge of Winona Lake. “But there’s a dimension line placed across the lakeward side of that lot, all those lots. Surveyors do that because they don’t want to put pins at the corner of the lot when it’s next to the water because if the shoreline erodes, the pin is gone.”
Snyder said because of that, surveyors “always set it back.”
The replat of lot 1 was done by Kevin Michael of Walker & Associates, Columbia City, he said. At the time, Jake Handle owned the property, but Snyder said he couldn’t say why Handle wanted to split the property into two lots, but he did and the plat was approved.
“The problem is, when Kevin looked at that original plat, he made the mistake a lot of laymen make, and that is that dimension line is the lot line. Never known a surveyor to do that,” Snyder said.
When Heath purchased the property, Snyder said she couldn’t figure out why her lot line didn’t go to the water’s edge. Snyder investigated and learned there simply was a mistake in the replat of lot 1.
“So as a result, Kevin came up with the amended replat of lot 1, which is before you tonight, which simply revises it to show that the lakeward lot line is the water’s edge, and that solves the problem,” Snyder said.
The plan commission approved the preliminary plat and final plat as requested.
In the second request, 802 Center LP requested approval of a preliminary plat combining 12 lots to create a 2.37-acre let at 802 E. Center St. The existing zoning is R-2 and R-3 and is surrounded by R-2 and R-3 zones.
Taylor said the proposed lot meets the development standards for a subdivision within R-2 and R-3 zoning districts. The alleyway running east-west through the property will be vacated to accommodate future development. Access to utilities will be maintained along Market Street, with the addition of an easement in the southeast corner.
The proposed plat meets all of the subdivision requirements concerning lot sizes. The plat includes a sewer easement along the south property line.
“I recommend that the plan commission grant preliminary approval for the 802 Center Subdivision, as defined by the plat, at this meeting and then grant final approval after the remainder of the lots have been acquired,” Taylor said.
Plan Commission member Jack Brunetto asked if this was for the senior housing, and Taylor said that was “correct.”
The preliminary plat was unanimously approved.
Finally, Zimmer Biomet requested approval of a preliminary and final plat to subdivide one 14.1-acre lot on Bell Drive into three lots. The vacant property is in an Industrial-2 zone.
Taylor said the proposed lots meet all of the development standards for a subdivision in an I-2 zoning district. The plat subdivides one lot to create three with an average size of 4.7 acres. He said utility access will be maintained from Bell Drive. The proposed plat meets all of the subdivision requirements for an I-2 zoning district.
Since the subdivision does not include any additional public infrastructure, he recommended that the plan commission grant the preliminary and final replat for the Zimmer Biomet subdivision.
Plan Commission member and City Councilwoman Diane Quance asked where the new sewer line goes in relation to the petition.
James Emans, city engineer and Plan Commission member, said, it’s on lot 1 “about midway along the north boundary.”
The preliminary and final plats were approved.
There were no remonstrators.
On behalf of Tari Heath, attorney Stephen Snyder requested approval of a preliminary plat and final replat showing the property line to the low-water mark of Winona Lake. The two-lot 0.67 acres is in a Residential-1 district at 1810 North Bay Drive.
City Senior Planner Justin Taylor said the proposed amended replat meets the development standards for a subdivision within an R-1 zoning district. The plat has been amended to show the existing property line extended to the low-water mark per the lot descriptions in the original subdivision plat from 1952. The plat does not contain any revisions to existing easements.
He recommended that the plan commission grant preliminary and final approval for the plat as presented.
Commission President Tom Allen asked Taylor what the “controversy” was with the petition. Taylor said there wasn’t any real controversy, but “basically, it’s an extension of those property lines as they should have been from the original plat for the neighborhood.”
Explaining it further, Snyder said, “This is nothing more than correcting a mistake made by a surveyor when the middle plat was laid out.”
He said the first plat is North Bay Drive Addition, which was recorded “a long time ago” and shows lot 1. Lot 1 is shown running all the way to the water’s edge of Winona Lake. “But there’s a dimension line placed across the lakeward side of that lot, all those lots. Surveyors do that because they don’t want to put pins at the corner of the lot when it’s next to the water because if the shoreline erodes, the pin is gone.”
Snyder said because of that, surveyors “always set it back.”
The replat of lot 1 was done by Kevin Michael of Walker & Associates, Columbia City, he said. At the time, Jake Handle owned the property, but Snyder said he couldn’t say why Handle wanted to split the property into two lots, but he did and the plat was approved.
“The problem is, when Kevin looked at that original plat, he made the mistake a lot of laymen make, and that is that dimension line is the lot line. Never known a surveyor to do that,” Snyder said.
When Heath purchased the property, Snyder said she couldn’t figure out why her lot line didn’t go to the water’s edge. Snyder investigated and learned there simply was a mistake in the replat of lot 1.
“So as a result, Kevin came up with the amended replat of lot 1, which is before you tonight, which simply revises it to show that the lakeward lot line is the water’s edge, and that solves the problem,” Snyder said.
The plan commission approved the preliminary plat and final plat as requested.
In the second request, 802 Center LP requested approval of a preliminary plat combining 12 lots to create a 2.37-acre let at 802 E. Center St. The existing zoning is R-2 and R-3 and is surrounded by R-2 and R-3 zones.
Taylor said the proposed lot meets the development standards for a subdivision within R-2 and R-3 zoning districts. The alleyway running east-west through the property will be vacated to accommodate future development. Access to utilities will be maintained along Market Street, with the addition of an easement in the southeast corner.
The proposed plat meets all of the subdivision requirements concerning lot sizes. The plat includes a sewer easement along the south property line.
“I recommend that the plan commission grant preliminary approval for the 802 Center Subdivision, as defined by the plat, at this meeting and then grant final approval after the remainder of the lots have been acquired,” Taylor said.
Plan Commission member Jack Brunetto asked if this was for the senior housing, and Taylor said that was “correct.”
The preliminary plat was unanimously approved.
Finally, Zimmer Biomet requested approval of a preliminary and final plat to subdivide one 14.1-acre lot on Bell Drive into three lots. The vacant property is in an Industrial-2 zone.
Taylor said the proposed lots meet all of the development standards for a subdivision in an I-2 zoning district. The plat subdivides one lot to create three with an average size of 4.7 acres. He said utility access will be maintained from Bell Drive. The proposed plat meets all of the subdivision requirements for an I-2 zoning district.
Since the subdivision does not include any additional public infrastructure, he recommended that the plan commission grant the preliminary and final replat for the Zimmer Biomet subdivision.
Plan Commission member and City Councilwoman Diane Quance asked where the new sewer line goes in relation to the petition.
James Emans, city engineer and Plan Commission member, said, it’s on lot 1 “about midway along the north boundary.”
The preliminary and final plats were approved.
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