County BZA Hears From Remonstrators On 2 Petitions
October 12, 2022 at 1:05 a.m.
County BZA Hears From Remonstrators On 2 Petitions
By Lauren Zeugner-
When the meeting started, just about every seat was taken and several people were standing.
After seeking several continuances over the last few months, Ransbottom Family Farms presented its plan for a storage condo on its property in Plain Township. The proposed plan was to have 100 units in 10 buildings. David and Derrick Ransbottom presented their case with Louie Davis, an adjacent property owner, and a local real estate agent also spoke in favor of the project, stating the storage condos would appeal to those in the area.
An hour of remonstration began with local attorney Steve Snyder, who represented many in the room who were not in favor of the project, outlining several reasons why the BZA should deny the petition. Some of the issues he raised were parking, traffic, access to the storage condos, drainage and lighting.
After Snyder’s presentation, many of his clients came forward to reiterate Snyder’s comments and bring up other issues, such as concerns for wildlife and not having any say in the covenants between the developer and those buying the units.
The Ransbottoms responded to the remonstrators’ concerns pointing to a draft of the covenant they were working on for the storage condos.
After hearing all the testimony, the board voted to deny the petition.
Remonstrators were vocal regarding a petition from Travis and Sontasha Mickem who petitioned to allow a commercial recreation use in an agricultural area and to put in a pond on the property. The North Webster couple hoped to use their property on Backwater Road to develop a wedding venue. The proposed venue would have outdoor space for weddings and indoor reception space for 250 people. Parking would be on a grass/gravel lot near the proposed reception hall.
One gentleman did speak in favor of the project, stating, “Yes (the project) will bring traffic, but it will also bring people to see how terrific North Webster is.”
The BZA board also received a number of letters in support of the project.
Snyder, representing several people in the area, presented the board with a petition signed by 180 people against the project. He recommended the board deny the petition for a number of reasons, including Backwater Road would need to be significantly improved because it could not handle the proposed increase in traffic, the venue would be operating seven days a week and the area around the proposed site is zoned residential except for an industrial storage condominium next door. He noted the venue would be similar to a large very busy restaurant.
Several neighbors also spoke out against the proposed venue. One neighbor to the east noted he has had a well-known rifle range in his back yard. He expressed concern about someone venturing off the venue property onto his and being injured or killed.
Other remonstrators told the board they were concerned about noise issues, increased traffic and decreased property values.
In response, the Mickems presented a letter of support from a neighbor who stated when she was approached by an individual regarding the petition. The neighbor told the individual she wanted to research the situation before signing anything. The Mickems then presented letters from nine individuals who signed the petition now requesting their names be removed from it.
After hearing all the testimony, the board voted to deny both the petition for the change in zoning and the pond.
The board approved a request for construction of a residence addition 10 feet from the right-of-way of East Wawasee Drive and 5 feet from an unopened platted way to the water’s edge. The property is located in the Crow’s Nest area. Approval came after a next-door neighbor remonstrated on a number of issues, as did the president of the Enchanted Hills Association, as the new home will overlook the Enchanted Hills beach.
The board approved the following petitions:
• A request from Wawasee Yacht Club to erect a metal storage container to store boats for junior sailing. The BZA approved with beautification requirements.
• A request from Stacie Anderson, owner of Hoffman Lakes Campground, to have parking, three additional cabins and seven additional seasonal RV sites on the campground’s property.
• A request from Derrick Leake to keep two sheds and an above-ground pool, but any utilities that have to be dealt with will be at the property owner’s expense.
• A request from CRAD Enterprises to put a roof over an existing deck. The BZA’s approval is conditional as long as the deck space remains open and an encroachment agreement is approved by the county commissioners.
• A request from John and Sharon Fallon to construct an oversized accessory building in a residential district.
• A request from Bradley Shepherd to have an oversized accessory building.
• A request from Brian Moriarty to put a deck his home with a 5-foot setback from the alley and 3-foot setback on the other side.
• A request from Earle Hanlin to have access to a paved easement.
• A request from Wayne Waite to have an easement so a new garage can be accessed by a vacated right-of-way.
• A request from Howard Brown II to add a second story onto an existing garage.
The following cases sought a continuance:
• A petition from Sailing Rendezvous for a variance to permit construction of a new residence 8 feet from the north road right-of- way. Snyder, representing the property owner, requested the continuance as the property owner is working on repairing properties in Florida that were damaged by Hurricane Ian.
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When the meeting started, just about every seat was taken and several people were standing.
After seeking several continuances over the last few months, Ransbottom Family Farms presented its plan for a storage condo on its property in Plain Township. The proposed plan was to have 100 units in 10 buildings. David and Derrick Ransbottom presented their case with Louie Davis, an adjacent property owner, and a local real estate agent also spoke in favor of the project, stating the storage condos would appeal to those in the area.
An hour of remonstration began with local attorney Steve Snyder, who represented many in the room who were not in favor of the project, outlining several reasons why the BZA should deny the petition. Some of the issues he raised were parking, traffic, access to the storage condos, drainage and lighting.
After Snyder’s presentation, many of his clients came forward to reiterate Snyder’s comments and bring up other issues, such as concerns for wildlife and not having any say in the covenants between the developer and those buying the units.
The Ransbottoms responded to the remonstrators’ concerns pointing to a draft of the covenant they were working on for the storage condos.
After hearing all the testimony, the board voted to deny the petition.
Remonstrators were vocal regarding a petition from Travis and Sontasha Mickem who petitioned to allow a commercial recreation use in an agricultural area and to put in a pond on the property. The North Webster couple hoped to use their property on Backwater Road to develop a wedding venue. The proposed venue would have outdoor space for weddings and indoor reception space for 250 people. Parking would be on a grass/gravel lot near the proposed reception hall.
One gentleman did speak in favor of the project, stating, “Yes (the project) will bring traffic, but it will also bring people to see how terrific North Webster is.”
The BZA board also received a number of letters in support of the project.
Snyder, representing several people in the area, presented the board with a petition signed by 180 people against the project. He recommended the board deny the petition for a number of reasons, including Backwater Road would need to be significantly improved because it could not handle the proposed increase in traffic, the venue would be operating seven days a week and the area around the proposed site is zoned residential except for an industrial storage condominium next door. He noted the venue would be similar to a large very busy restaurant.
Several neighbors also spoke out against the proposed venue. One neighbor to the east noted he has had a well-known rifle range in his back yard. He expressed concern about someone venturing off the venue property onto his and being injured or killed.
Other remonstrators told the board they were concerned about noise issues, increased traffic and decreased property values.
In response, the Mickems presented a letter of support from a neighbor who stated when she was approached by an individual regarding the petition. The neighbor told the individual she wanted to research the situation before signing anything. The Mickems then presented letters from nine individuals who signed the petition now requesting their names be removed from it.
After hearing all the testimony, the board voted to deny both the petition for the change in zoning and the pond.
The board approved a request for construction of a residence addition 10 feet from the right-of-way of East Wawasee Drive and 5 feet from an unopened platted way to the water’s edge. The property is located in the Crow’s Nest area. Approval came after a next-door neighbor remonstrated on a number of issues, as did the president of the Enchanted Hills Association, as the new home will overlook the Enchanted Hills beach.
The board approved the following petitions:
• A request from Wawasee Yacht Club to erect a metal storage container to store boats for junior sailing. The BZA approved with beautification requirements.
• A request from Stacie Anderson, owner of Hoffman Lakes Campground, to have parking, three additional cabins and seven additional seasonal RV sites on the campground’s property.
• A request from Derrick Leake to keep two sheds and an above-ground pool, but any utilities that have to be dealt with will be at the property owner’s expense.
• A request from CRAD Enterprises to put a roof over an existing deck. The BZA’s approval is conditional as long as the deck space remains open and an encroachment agreement is approved by the county commissioners.
• A request from John and Sharon Fallon to construct an oversized accessory building in a residential district.
• A request from Bradley Shepherd to have an oversized accessory building.
• A request from Brian Moriarty to put a deck his home with a 5-foot setback from the alley and 3-foot setback on the other side.
• A request from Earle Hanlin to have access to a paved easement.
• A request from Wayne Waite to have an easement so a new garage can be accessed by a vacated right-of-way.
• A request from Howard Brown II to add a second story onto an existing garage.
The following cases sought a continuance:
• A petition from Sailing Rendezvous for a variance to permit construction of a new residence 8 feet from the north road right-of- way. Snyder, representing the property owner, requested the continuance as the property owner is working on repairing properties in Florida that were damaged by Hurricane Ian.
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