BZA Not Happy With Chapman Lake Site
February 14, 2023 at 10:01 p.m.
BZA Not Happy With Chapman Lake Site
By Lauren Zeugner-
The contractor came before the BZA at its regular meeting Tuesday, seeking an exception to allow four Quadcon storage containers to remain where they were placed.
The containers, which resemble semitrailers, are used to store high-value equipment. The site, located centrally between Chapman and Tippecanoe lakes, is zoned residential. The contractor is renting the site and using it to transport equipment as the sewer project moves forward.
A representative of the contractor explained working hours were 7:30 a.m. to 4:30 p.m. and crews were only making four to five trips per day to the storage site. The Chapman Lake sewer project is slated to be completed in October 2024.
Kevin Horn, who owns the adjacent property, sent a letter of remonstrance, and was also in attendance. He told the board there is quite a bit of construction noise during the day. He also has a seasonal business that requires an early bedtime and he's concerned the crews will be working late hours.
"There is a lot of activity out there. It has disturbed the peace and quiet," he said.
Another resident who lives nearby noted, "Sometimes things have to be worse before they get better." She said she didn't think the Quadcons are an eyesore. She told the board she wanted the exception approved so the sewer project would not be delayed.
The board approved the exception with the following conditions: The Quadcons had to be moved so they are 35 feet back from the right of way; there is no parking of employee vehicles in the right of way; and working hours are to be 7:30 a.m. to 4:30 p.m. with few exceptions.
Local attorney Steve Snyder came before the board representing Brian Moriarty, who owns a building in Etna Green. Moriarty has been before the board a number of times regarding the property. This time Snyder told the board Moriarty wanted to remove the existing building and put up a new one.
The new building would be 5 feet, 6 inches from the north property line; 6 inches from the south property line; 3 feet, 6 inches from the west property line and zero feet from the right of way. The new 25-foot-wide construction will be two stories, with commercial on the first floor and residential on the second floor.
The grade and drainage will be reestablished and the town of Etna Green has approved allowing the building to tie into its drainage. On the south side there will be a firewall with a two-hour rating. Metal siding and a metal roof will be used for added fire protection. On the north side, there will be no windows and a fire exit on the first floor.
Matt Sandy, Area Plan director, told the board he had a letter of support from the Etna Green Town Council. A member of the town council also came before the board expressing its approval for the project.
Two neighbors came before the board to remonstrate the project. One questioned the need to be 6 inches from the property line and destroying a historical building. The other stated she did not want a commercial building near her home.
The council representative told the board the building in question, while the oldest building in Etna Green, had been moved three times since it was originally built. There is water damage and termite infestation, making it financially impossible to rehabilitate.
The board approved the project as presented.
Lucas Zartman came before the board seeking a variance to permit a residence to be reconstructed. Zartman has been before the BZA board twice before regarding renovations to his property in Tippecanoe Township.
Zartman had received a permit to replace the sill plate on his home without removing the "existing structure." He told the board his plan was to jack up the walls of the home, replace the sill plate, put in floor joists and lower the walls back down.
However, when he attempted to do that, the walls would not come up together. He ended up taking the walls down with the plan to remove and replace the sill plate from the walls, install the joists and then put the walls back up. However, this would have also required a permit, which he neglected to obtain.
Board member Randy Cox accused Zartman of lying to him during an earlier meeting. Zartman apologized profusely, saying it was not his intention to lie to Cox. He explained he didn't realize he would need another permit since he wasn't changing the home's footprint or the walls once he got them back up.
His petition was approved. A vote for a $1,000 settlement died with a vote of 2 for and 2 against the settlement.
The BZA approved the following petitions:
• Calvin Bontrager - For a variance allowing a residence addition to remain 21 feet from the right of way of the road. The property is on Ind. 13 in Turkey Creek Township.
• Jeffery Waldron - For an exception and variance for an oversized accessory building, which is 1,296 square feet when an ordinance allows 576 square feet, and is 15 feet from the south road right of way and 4 feet from the east property line. The property is in Lake Township
• A Rench Investments – For an exception to change and alter a previously granted exception by changing the footprint recommended by the BZA. The property is in Plain Township.
• Scott and Heather Grimes – For a variance to construct of a new boathouse 1 foot from both sides lines and zero feet from the water's edge. The property is in Turkey Creek Township.
• Robert Magley – For a variance to construct a new boathouse 2 feet from both side property lines and zero feet from the water's edge. The property is in Turkey Creek Township.
• John Beal – For a variance to allow a carport to remain placed without permit or hearing 2 feet from the rear property line and 1 foot from the side property line. The property is in Turkey Creek Township.
The board elected to continue the case of Edd Allen to the March meeting to give Allen time to provide requested information to the area plan commission.
The contractor came before the BZA at its regular meeting Tuesday, seeking an exception to allow four Quadcon storage containers to remain where they were placed.
The containers, which resemble semitrailers, are used to store high-value equipment. The site, located centrally between Chapman and Tippecanoe lakes, is zoned residential. The contractor is renting the site and using it to transport equipment as the sewer project moves forward.
A representative of the contractor explained working hours were 7:30 a.m. to 4:30 p.m. and crews were only making four to five trips per day to the storage site. The Chapman Lake sewer project is slated to be completed in October 2024.
Kevin Horn, who owns the adjacent property, sent a letter of remonstrance, and was also in attendance. He told the board there is quite a bit of construction noise during the day. He also has a seasonal business that requires an early bedtime and he's concerned the crews will be working late hours.
"There is a lot of activity out there. It has disturbed the peace and quiet," he said.
Another resident who lives nearby noted, "Sometimes things have to be worse before they get better." She said she didn't think the Quadcons are an eyesore. She told the board she wanted the exception approved so the sewer project would not be delayed.
The board approved the exception with the following conditions: The Quadcons had to be moved so they are 35 feet back from the right of way; there is no parking of employee vehicles in the right of way; and working hours are to be 7:30 a.m. to 4:30 p.m. with few exceptions.
Local attorney Steve Snyder came before the board representing Brian Moriarty, who owns a building in Etna Green. Moriarty has been before the board a number of times regarding the property. This time Snyder told the board Moriarty wanted to remove the existing building and put up a new one.
The new building would be 5 feet, 6 inches from the north property line; 6 inches from the south property line; 3 feet, 6 inches from the west property line and zero feet from the right of way. The new 25-foot-wide construction will be two stories, with commercial on the first floor and residential on the second floor.
The grade and drainage will be reestablished and the town of Etna Green has approved allowing the building to tie into its drainage. On the south side there will be a firewall with a two-hour rating. Metal siding and a metal roof will be used for added fire protection. On the north side, there will be no windows and a fire exit on the first floor.
Matt Sandy, Area Plan director, told the board he had a letter of support from the Etna Green Town Council. A member of the town council also came before the board expressing its approval for the project.
Two neighbors came before the board to remonstrate the project. One questioned the need to be 6 inches from the property line and destroying a historical building. The other stated she did not want a commercial building near her home.
The council representative told the board the building in question, while the oldest building in Etna Green, had been moved three times since it was originally built. There is water damage and termite infestation, making it financially impossible to rehabilitate.
The board approved the project as presented.
Lucas Zartman came before the board seeking a variance to permit a residence to be reconstructed. Zartman has been before the BZA board twice before regarding renovations to his property in Tippecanoe Township.
Zartman had received a permit to replace the sill plate on his home without removing the "existing structure." He told the board his plan was to jack up the walls of the home, replace the sill plate, put in floor joists and lower the walls back down.
However, when he attempted to do that, the walls would not come up together. He ended up taking the walls down with the plan to remove and replace the sill plate from the walls, install the joists and then put the walls back up. However, this would have also required a permit, which he neglected to obtain.
Board member Randy Cox accused Zartman of lying to him during an earlier meeting. Zartman apologized profusely, saying it was not his intention to lie to Cox. He explained he didn't realize he would need another permit since he wasn't changing the home's footprint or the walls once he got them back up.
His petition was approved. A vote for a $1,000 settlement died with a vote of 2 for and 2 against the settlement.
The BZA approved the following petitions:
• Calvin Bontrager - For a variance allowing a residence addition to remain 21 feet from the right of way of the road. The property is on Ind. 13 in Turkey Creek Township.
• Jeffery Waldron - For an exception and variance for an oversized accessory building, which is 1,296 square feet when an ordinance allows 576 square feet, and is 15 feet from the south road right of way and 4 feet from the east property line. The property is in Lake Township
• A Rench Investments – For an exception to change and alter a previously granted exception by changing the footprint recommended by the BZA. The property is in Plain Township.
• Scott and Heather Grimes – For a variance to construct of a new boathouse 1 foot from both sides lines and zero feet from the water's edge. The property is in Turkey Creek Township.
• Robert Magley – For a variance to construct a new boathouse 2 feet from both side property lines and zero feet from the water's edge. The property is in Turkey Creek Township.
• John Beal – For a variance to allow a carport to remain placed without permit or hearing 2 feet from the rear property line and 1 foot from the side property line. The property is in Turkey Creek Township.
The board elected to continue the case of Edd Allen to the March meeting to give Allen time to provide requested information to the area plan commission.
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