A number of remonstrators made sure the Kosciusko County Board of Zoning Appeals heard their concerns over a number of cases during the board’s meeting Tuesday.
The first case remonstrators were heard was a matter continued from the July BZA meeting regarding a petition for an exception to construct three storage condos in the area of Black Point Road and Pine Road in Turkey Creek Township. The property is known as "the Stimmell property" in the neighborhood. Lee Harman, president of the BZA, told the crowd the board would only entertain new information.
Local attorney Scott Federoff, representing the owner of the property, reported his client attempted to discuss the matter with her neighbors, however, emails and phone calls were not returned or they told her they did not wish to discuss it.
Federoff stressed the condos would not be commercial, but privately owned. Exceptions for such condos have been approved in the past. Lighting would be downward, and on motion sensors.
Judy Wolfe, who owns an adjacent lot, claimed she was not contacted, although her husband did speak to Federoff's client and had an unpleasant exchange. Board member Randy Cox asked Wolfe where she resided. She admitted she lived on Dewart Lake, but due to the passing of a parent, has two lots in the area. Cox also asked her what was on the lot she was discussing. Wolfe admitted there was a just a garage on the lot that was used to store a boat.
John Stringer, a 20-year full-time resident, spoke in favor of the condos. He noted after Blue Heron condos was developed he received a fair offer for his home and later that house sold for an even higher amount. He also noted, as president of the Black Point Home Owners Association, the association also favors the project.
Another gentleman told the board his family has lived near the property since the mid-1950s and has never seen the property cleaned up the entire time. He supported the project since it will look nice.
"It's a residential use. There won't be that much use (traffic) especially in winter,” he said.
Harman noted there was a great deal of support from adjacent property owners, and most of the remonstrators lived further away from the property.
Board member Ron Robinson did express concern about drainage and runoff. Matt Sandy, Area Plan director, noted that would be addressed later in the planning process and would have to be in compliance with the stormwater ordinance.
In the end, the board approved the project.
Remonstrators came out for hearings involving Shawn Senter, who was petitioning for an exception to allow a temporary marina to be granted permanent approval and for an above-ground gas tank to remain 5 feet from the south property line where the ordinance requires 10 feet.
The property is in Enchanted Hills in Turkey Creek Township.
Sandy explained the temporary marina use was to only be for a year when the petitioner could ask for a permanent use, however, the COVID pandemic caused some issues.
Senter noted the previous property owner did not maintain the property, providing photos of what it once looked like.
"We're still in the process of improving it," Senter said.
Several remonstrators expressed concern about a fuel tank being so close to the water and felt it was unsafe. Julie Roberts, president of the Enchanted Hills Association, told the board the association did not grant permission regarding the boat ramp, was concerned about boat traffic and feels as though the business would bring in more crime.
Nancy Campbell, who owns the property next door, said when she purchased the property she was not aware of the gas pumps and did not know about the boat ramp. A kayaker, Campbell said she did not want to be kayaking through boat fuel.
Another resident told the board there are no lights on the channel, there is no concrete barrier to protect the fuel tank and there is drug traffic in the area.
Neighbor Steve Reed said the previous owner had a lot of trash that ended up on his property and he doesn't want to deal with it.
Mike Cannon expressed concern that others will come through the channels to access the marina. He also asked what the procedure is if the tank would catch fire.
"We don't see it as being an asset, more of a hindrance," he told the board.
In rebuttal, Senter explained he checked with the state fire marshal regarding the tank. Since it holds less than 1,000 gallons, it does not need to have a concrete barrier, although Senter intends to encase it. It is a double tank with several state-of-the-art monitors and protections built-in.
The property has eight security lights, lit from dusk to dawn. "We do realize there is a crime issue in the area. We are doing our part," he said.
As for Reed's property, Senter said he tries to keep an eye on the property and be a good neighbor. As for the channel, "It's public water," he said noting it is under the authority of the Department of Natural Resources.
Robinson said he opposed the exceptions until there were even more safety measures in place for the fuel tank. Board member Kevin McSherry suggested continuing the hearing and have the tank vendor come in to explain some of its safety features.
"We have to be careful and not to jump into judgement and damage someone's livelihood," Harman said.
The board approved the following cases:
• A petition from Michael and Jill Morrolf for a variance to permit the construction of a new residence 0 feet from the east sideline, 0 feet from the west sideline and 0 feet from Lake Boulevard in Plain Township.
• A petition from Randall and Donna Pollen for a variance to construct a pergola 12 feet from the right-of-way from the road and 7 feet from the rear property line in Tippecanoe Township.
• A petition from James and Misha Conley for an exception to allow a home-based business, described as a general farm store-feed store, in an agricultural district in Etna Township.
• A petition from Betsy Byerly for a variance to allow a shed to remain as placed 4 feet to an adjacent shed when a hearing granted 20 in Tippecanoe Township.
• A petition from David Abernathy for a variance to allow three awnings to remain in Tippecanoe Township.
• A petition from Kelly Covey for a variance allowing a shed to remain 17 feet 5 inches to an adjacent mobile home on a lot and 11 feet 11 inches to an adjacent home in Tippecanoe Township
• A petition from Mimi Larue for a variance which would allow a change and alteration of a granted variance by allowing a shed that has been converted into a cabin remain as placed 29 feet from the right-of-way and 7 feet from the north property line in Monroe Township. The board approved with the stipulation she be in accordance with the county health department.
• A petition from Mark Sevier for a variance to permit a deck to remain as constructed 1 foot from the water's edge where the ordinance requires 35 feet in Tippecanoe Township.
• A petition from James Roeder for a variance allowing an open porch to remain and an air conditioning unit to remain in Turkey Creek Township. The board did impose a $5,000 settlement since a survey would have shown where the right-of-way was located.
• A petition from Richard and Ann Heckaman for a variance permitting the construction of a residence addition 4 feet 9 inches from the right of way in Tippecanoe Township.
• A petition from Arlyn Yoder for a variance permitting the construction of an accessory building addition 20 feet from the right of way in Etna Township.
• A petition from Bradford Webb for a variance permitting the construction of an outdoor kitchen. The board stipulated the outdoor kitchen must be 5 feet from the property line and 16 feet from the water line in Turkey Creek Township.
• A petition from Billy and Jill Colwell for a variance to build a new residence 3 feet 6 inches from the side property line and 27 feet from the water's edge and allow an existing deck to remain in Tippecanoe Township.
The board continued the hearing of Jane DeHaven for a variance to allow a generator to remain as placed. The board continued the case to see if an alternative location on the property could be found for the generator. Sandy also wanted to check with the generator's vendor regarding maintenance.