Kosciusko County BZA Approves Variance Despite Complaint
April 13, 2022 at 12:48 a.m.
By Lauren Zeugner-
They are in the process of building a home in Tippecanoe Township.
The BZA received a complaint suggesting the home was closer to the water's edge and adjacent home than originally allowed.
At an earlier hearing, the BZA approved a variance requiring the home be 18 feet to the water's edge and 16 feet to the adjacent home. The new variance requested the setbacks remain at 12.6 feet from the southeast water's edge, 14 feet, 1 inch from the west water's edge and 11 feet 6 inches from the adjacent home.
Brent Romines explained to the Board that his contractor recommended turning the foundation of the house slightly so the driveway and garage would be easier to access. Turning the home caused the original variance to be violated.
The Romines told the BZA they spoke with the cottage association president who approved the change and their neighbor, who is a family member of Linda Romines. Linda Romines said the neighbor was fine with the change since it improved their view.
Roger Bruce stepped forward asking exactly when the Romines were notified they were in violation of the variance. Both Romines stated from the gallery they immediately stopped work when they received the complaint. Bruce noted the foundation of the home had already been poured. "To prevent this from happening again, you have to stop this before it gets this far," Bruce said.
Noting how close the home will be to the shoreline, Bruce asked what the BZA intended to do to prevent similar situations from occurring. Kevin McSherry, BZA member, said the situation put the BZA in a bad position.
Charlotte Siegfried, BZA member, noted the Romines did consult the cottage park association but that doesn't fix the issue. Lee Harman, BZA president, noted other than tearing the work out and starting over, everyone would have to live with the situation.
The BZA approved the new variance with a settlement. Dan Richards, Area Plan director, explained the BZA could go to court requesting a settlement of $10 to $300 per day or come up with a settlement amount on their own. The BZA agreed to a settlement of $1,200. The Romines were given 30 days to pay the settlement.
A request for a variance that would permit an addition to a home on Black Point Road brought some humor to the hearing. As attorney Richard Helm was presenting his client's case, both the client, John Wygant, and attorney Steve Snyder stated the house shown in the video was not Wygant's. "That's my son's house," Wygant told the BZA.
Snyder noted Wygant's home was shown in the video a house or two beyond his son's.
Wygant was seeking a variance to construct a 3.4-foot addition to his home in line with his existing residence. Snyder said the changes wouldn't cause any problems and would be an improvement to the neighborhood. The Board approved the variance.
The Board continued the petition by RTN Corp. requesting two residences to remain on a tract of ground. After discussing the matter a bit, Richard suggested RTN's representative come by the planning office to discuss some possible solutions that would benefit both parties. The matter was continued to the BZA's June meeting.
Also continued were two cases brought before the BZA by Ryan Stuckman. Richard noted Stuckman had hired a surveyor, however, the surveyor couldn't schedule the work until the middle of April. His cases will be heard at the May meeting.
The BZA approved the following:
• A request from Sun Group to have 26 lots with 12.5 feet between campers. Each camper may have two off site parkings spaces and street parking is not allowed.
• A request by Matthew Schnell to convert an existing residence into an accessory building by creating an oversized accessory building. Four of Schnell's neighbors attended the hearing to speak in favor of the project.
• A request from Stephen and Jill Howard to construct a boathouse with living quarters on Cedar Point Low Road.
They are in the process of building a home in Tippecanoe Township.
The BZA received a complaint suggesting the home was closer to the water's edge and adjacent home than originally allowed.
At an earlier hearing, the BZA approved a variance requiring the home be 18 feet to the water's edge and 16 feet to the adjacent home. The new variance requested the setbacks remain at 12.6 feet from the southeast water's edge, 14 feet, 1 inch from the west water's edge and 11 feet 6 inches from the adjacent home.
Brent Romines explained to the Board that his contractor recommended turning the foundation of the house slightly so the driveway and garage would be easier to access. Turning the home caused the original variance to be violated.
The Romines told the BZA they spoke with the cottage association president who approved the change and their neighbor, who is a family member of Linda Romines. Linda Romines said the neighbor was fine with the change since it improved their view.
Roger Bruce stepped forward asking exactly when the Romines were notified they were in violation of the variance. Both Romines stated from the gallery they immediately stopped work when they received the complaint. Bruce noted the foundation of the home had already been poured. "To prevent this from happening again, you have to stop this before it gets this far," Bruce said.
Noting how close the home will be to the shoreline, Bruce asked what the BZA intended to do to prevent similar situations from occurring. Kevin McSherry, BZA member, said the situation put the BZA in a bad position.
Charlotte Siegfried, BZA member, noted the Romines did consult the cottage park association but that doesn't fix the issue. Lee Harman, BZA president, noted other than tearing the work out and starting over, everyone would have to live with the situation.
The BZA approved the new variance with a settlement. Dan Richards, Area Plan director, explained the BZA could go to court requesting a settlement of $10 to $300 per day or come up with a settlement amount on their own. The BZA agreed to a settlement of $1,200. The Romines were given 30 days to pay the settlement.
A request for a variance that would permit an addition to a home on Black Point Road brought some humor to the hearing. As attorney Richard Helm was presenting his client's case, both the client, John Wygant, and attorney Steve Snyder stated the house shown in the video was not Wygant's. "That's my son's house," Wygant told the BZA.
Snyder noted Wygant's home was shown in the video a house or two beyond his son's.
Wygant was seeking a variance to construct a 3.4-foot addition to his home in line with his existing residence. Snyder said the changes wouldn't cause any problems and would be an improvement to the neighborhood. The Board approved the variance.
The Board continued the petition by RTN Corp. requesting two residences to remain on a tract of ground. After discussing the matter a bit, Richard suggested RTN's representative come by the planning office to discuss some possible solutions that would benefit both parties. The matter was continued to the BZA's June meeting.
Also continued were two cases brought before the BZA by Ryan Stuckman. Richard noted Stuckman had hired a surveyor, however, the surveyor couldn't schedule the work until the middle of April. His cases will be heard at the May meeting.
The BZA approved the following:
• A request from Sun Group to have 26 lots with 12.5 feet between campers. Each camper may have two off site parkings spaces and street parking is not allowed.
• A request by Matthew Schnell to convert an existing residence into an accessory building by creating an oversized accessory building. Four of Schnell's neighbors attended the hearing to speak in favor of the project.
• A request from Stephen and Jill Howard to construct a boathouse with living quarters on Cedar Point Low Road.
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