Mineral Extraction Draws Remonstrators To County BZA Meeting
November 14, 2023 at 6:29 p.m.
The Kosciusko County Board of Zoning moved through its agenda at an efficient pace during its regular meeting Tuesday.
A petition from Jeff Katzer for an exception to allow mineral extraction in an agricultural district brought questions from BZA members and complaints from neighbors. Joel Katzer represented his brother before the board. He told the board only about 40 loads of fill dirt had been taken off the property and they understood the board’s concern regarding the small pit’s location to Ind. 13. Katzer’s property is in Tippecanoe Township.
Matt Sandy, area plan director, noted his office had received several letters, emails and a petition in opposition to the Katzers petition.
Those neighbors also came forward to remonstrate the petition. One neighbor told the board Katzer told the auctioneer when he purchased the property it would be used for hunting and family gatherings. He noted the pit was much bigger than Katzer told the board and the property is not zoned commercial.
Martin Johnson, another neighbor, raised a number of concerns with the board, including accessing Ind. 13, the property in question is elevated, any runoff will flow into Grassy Creek, eventually making its way into the Barbee Lake Chain.
Johnson, who served on a BZA in Ohio, continued saying he didn’t believe the Katzers understood what they were undertaking with their mining operation. The Department of Natural Resources states the Katzers need permits and it appears they have not obtained them.
Neighbor Jerome Sponseller expressed concern over how quickly the mine is approaching his back yard. He is concerned about letting his great-grandchildren play in his yard.
Yet another remonstrator who installed over $60,000 in solar panels on her property complained about dust covering the panels affecting their efficiency.
Katzer responded, saying he and his brother had planted over 200 trees on the property and they were willing to follow any rules or regulations. He acknowledged they got off on the wrong foot with the neighbors and were willing to make the needed changes.
After some discussion the board denied his petition and ordered him to cease operations immediately.
Later, the board approved a petition from Don McCulloch for mineral extraction in an agricultural district located in Turkey Creek Township. Steve Snyder, local attorney, explained McCulloch purchased and cleaned up the property. The mineral extraction, in this case 100% sand, will only be done by his company and will not be done on a continuous basis.
McCulloch has discussed the matter with his neighbors. The area excavated will be shielded by mounds so it cannot be seen from the road and sand will not be stockpiled. McCulloch also plans on excavating in such a way as to allow an existing spring-fed pond to grow bigger.
“They’re totally different (petitions),“ said Lee Harman, president of the BZA, as he called for a motion. The board approved McCulloch’s petition.
The board also approved a petition to allow retail sales associated with processing butchered meats, seasonal items and a bakery in an industrial II District located in Plain Township. The owner of the property has a potential tenant who would like to bring in a full-service butcher shop to the front of the building. The plan is to then bring in a USDA-certified slaughter facility to the back of the building.
The butcher shop would handle already processed meat, dry goods and seasonal items while a slaughter facility is established in the back of the facility. It was noted there isn’t a slaughter facility in Kosciusko County. Animal waste will be taken away and rendered offsite by another company.
Once the butcher shop opens, the tenant will have about 18 months to receive his certification. He stressed he wanted to do everything correctly the first time so he’s doing things in baby steps.
He hopes to have phase I of the butcher shop open by mid-January to February. After that it will be up to the government how fast the expansion takes place. The total investment is currently $500,000.
The BZA approved:
• Allowing Tim Pitts to keep an accessory building on a lot without a residence. The BZA ruled he must pull a permit by Jan. 1, 2025, when sewer is expected to be available, and the home built within two years. The property is in Plain Township.
• Allowing a variance to bring a residence owned by Toni Bailey into compliance with the flood ordinance. The property is in Tippecanoe Township.
• Allowing an exception for combining two lots with a residence on each, one residence for overflow family only. Denise Pearson explained both lots shared a septic system and the engineer for the sewer installation suggested combining the two lots. A motion was approved with deed restrictions. The property is in Tippecanoe Township.
• A variance requested by Jon Anthony to permit a residence to be elevated to meet flood plain regulations. The property is in Tippecanoe Township.
• A variance requested by Mark Zehner to allow an open porch to remain 29 feet from the right-of-way where the ordinance requires 35 feet. Zehner is required to obtain an after-the-fact permit and his contractor, Flores Construction, received a settlement of $1,000 for not obtaining a permit.
“I think it’s time these contractors get with the program rather than stick it to the property owner,” said Ron Robinson, BZA member.
The property is in Wayne Township.
• A variance requested by Mary Jacobs to put on an addition on her home 20 feet from the right of way of the road. The property is in Plain Township.
• A variance for the construction of a carport 5 feet from the right-of-way and 7 feet 7 inches from the northeast sideline. The property is in Turkey Creek Township.
• An exception for a change and alteration of a previously granted exception by allowing car wash, elimination of three parking spaces and outside dining area as well as relocation of a trash enclosure. The property is in North Webster.
The BZA continued:
• A petition from Tange Thompson which would allow the construction/reconstruction of a garage, carport and portion of the residence 1.5 feet from the right-of-way. The BZA continued the case to allow the homeowner and contractor to come up with a better plan. The property is in Plain Township.
• A variance to permit the construction of boathouse/garage owned by Edward Cleveland. The petitioner was still waiting on evaluation to determine what can and cannot be done. The property is in Turkey Creek Township.
The Kosciusko County Board of Zoning moved through its agenda at an efficient pace during its regular meeting Tuesday.
A petition from Jeff Katzer for an exception to allow mineral extraction in an agricultural district brought questions from BZA members and complaints from neighbors. Joel Katzer represented his brother before the board. He told the board only about 40 loads of fill dirt had been taken off the property and they understood the board’s concern regarding the small pit’s location to Ind. 13. Katzer’s property is in Tippecanoe Township.
Matt Sandy, area plan director, noted his office had received several letters, emails and a petition in opposition to the Katzers petition.
Those neighbors also came forward to remonstrate the petition. One neighbor told the board Katzer told the auctioneer when he purchased the property it would be used for hunting and family gatherings. He noted the pit was much bigger than Katzer told the board and the property is not zoned commercial.
Martin Johnson, another neighbor, raised a number of concerns with the board, including accessing Ind. 13, the property in question is elevated, any runoff will flow into Grassy Creek, eventually making its way into the Barbee Lake Chain.
Johnson, who served on a BZA in Ohio, continued saying he didn’t believe the Katzers understood what they were undertaking with their mining operation. The Department of Natural Resources states the Katzers need permits and it appears they have not obtained them.
Neighbor Jerome Sponseller expressed concern over how quickly the mine is approaching his back yard. He is concerned about letting his great-grandchildren play in his yard.
Yet another remonstrator who installed over $60,000 in solar panels on her property complained about dust covering the panels affecting their efficiency.
Katzer responded, saying he and his brother had planted over 200 trees on the property and they were willing to follow any rules or regulations. He acknowledged they got off on the wrong foot with the neighbors and were willing to make the needed changes.
After some discussion the board denied his petition and ordered him to cease operations immediately.
Later, the board approved a petition from Don McCulloch for mineral extraction in an agricultural district located in Turkey Creek Township. Steve Snyder, local attorney, explained McCulloch purchased and cleaned up the property. The mineral extraction, in this case 100% sand, will only be done by his company and will not be done on a continuous basis.
McCulloch has discussed the matter with his neighbors. The area excavated will be shielded by mounds so it cannot be seen from the road and sand will not be stockpiled. McCulloch also plans on excavating in such a way as to allow an existing spring-fed pond to grow bigger.
“They’re totally different (petitions),“ said Lee Harman, president of the BZA, as he called for a motion. The board approved McCulloch’s petition.
The board also approved a petition to allow retail sales associated with processing butchered meats, seasonal items and a bakery in an industrial II District located in Plain Township. The owner of the property has a potential tenant who would like to bring in a full-service butcher shop to the front of the building. The plan is to then bring in a USDA-certified slaughter facility to the back of the building.
The butcher shop would handle already processed meat, dry goods and seasonal items while a slaughter facility is established in the back of the facility. It was noted there isn’t a slaughter facility in Kosciusko County. Animal waste will be taken away and rendered offsite by another company.
Once the butcher shop opens, the tenant will have about 18 months to receive his certification. He stressed he wanted to do everything correctly the first time so he’s doing things in baby steps.
He hopes to have phase I of the butcher shop open by mid-January to February. After that it will be up to the government how fast the expansion takes place. The total investment is currently $500,000.
The BZA approved:
• Allowing Tim Pitts to keep an accessory building on a lot without a residence. The BZA ruled he must pull a permit by Jan. 1, 2025, when sewer is expected to be available, and the home built within two years. The property is in Plain Township.
• Allowing a variance to bring a residence owned by Toni Bailey into compliance with the flood ordinance. The property is in Tippecanoe Township.
• Allowing an exception for combining two lots with a residence on each, one residence for overflow family only. Denise Pearson explained both lots shared a septic system and the engineer for the sewer installation suggested combining the two lots. A motion was approved with deed restrictions. The property is in Tippecanoe Township.
• A variance requested by Jon Anthony to permit a residence to be elevated to meet flood plain regulations. The property is in Tippecanoe Township.
• A variance requested by Mark Zehner to allow an open porch to remain 29 feet from the right-of-way where the ordinance requires 35 feet. Zehner is required to obtain an after-the-fact permit and his contractor, Flores Construction, received a settlement of $1,000 for not obtaining a permit.
“I think it’s time these contractors get with the program rather than stick it to the property owner,” said Ron Robinson, BZA member.
The property is in Wayne Township.
• A variance requested by Mary Jacobs to put on an addition on her home 20 feet from the right of way of the road. The property is in Plain Township.
• A variance for the construction of a carport 5 feet from the right-of-way and 7 feet 7 inches from the northeast sideline. The property is in Turkey Creek Township.
• An exception for a change and alteration of a previously granted exception by allowing car wash, elimination of three parking spaces and outside dining area as well as relocation of a trash enclosure. The property is in North Webster.
The BZA continued:
• A petition from Tange Thompson which would allow the construction/reconstruction of a garage, carport and portion of the residence 1.5 feet from the right-of-way. The BZA continued the case to allow the homeowner and contractor to come up with a better plan. The property is in Plain Township.
• A variance to permit the construction of boathouse/garage owned by Edward Cleveland. The petitioner was still waiting on evaluation to determine what can and cannot be done. The property is in Turkey Creek Township.