After a lengthy hearing, the Kosciusko County Board of Zoning Appeals, approved a portion of a petition by Paton Farms while continuing the remainder. The hearing was held during the BZA’s regular meeting Tuesday morning.
Paton Farms was looking for an exception for the purpose of the change and alteration of a non-conforming campground and granted an exception by allowing 12 new home sites, allow a 20 foot by 20 foot gazebo, 66 foot by 160 foot boat storage building and 10 more home sites in an agricultural district in Plain Township.
The BZA continued the matter from its March meeting to give the petitioner. During the March meeting it appeared both Robert Paton, the petitioner, and Mike Arndt, a remonstrator, had come to an agreement. Paton agreed to forgo the home sites in his plan that were located near Old Mill Place. However, Arndt, said after looking at other aspects of the petition he changed his mind.
For over 30 minutes Arndt reviewed the history of the Paton Farm property. Pointing out its use as a campground has always been an exception. He explained how he offered to trim cottonwood trees located on Paton’s property, near his property. George Paton offered to remove the trees at Arndt’s expense and replace the buffer. The trees are gone, but not replacement buffer has been installed.
Arndt stressed there is no site plan or comprehensive plan for the BZA members to review in order to make an informed decision. He recommended the BZA take no action until such a plan is presented.
After reviewing a site map provided by the Planning Office where the boat storage facility and several new homes were to be constructed, Arndt said he had no issue with those. He did express concerns regarding the gazebo in regards to light and sound.
By this time, members of the audience, all there to have their own cases be heard, began to grow restless. Some could be heard complaining at the length of Arndt’s presentation.
Lee Harman, BZA president, expressed concerns about the lack of a buffer and the screening being completely removed. He said he would like more information.
Robert Paton told the BZA the gazebo would simply be a gathering place for campers. Events would not be held there.
A motion to approve the boat storage and continue the petition regarding the gazebo, screening and 12 home sites at the May meeting.
Thomas Michalski came before the board requesting a variance to allow a covered deck to remain 20 feet from he water’s edge and two sheds remain as placed. The property is located in Tippecanoe Township. Michalski apologized to the board saying he asked his neighbors before taking on the porch addition and installing the sheds and was told he did not need a permit. He also spoke to all his neighbors before starting the work so they were aware of what he was up too.
One shed was on the property when he purchased it. He told the board he just put a new roof on it and fixed it up.
The board approved the covered deck, as long as the neighbor to the north provided a letter saying he was fine with it, and one shed was denied. Michalski has 30 days to remove it.
The board heard a petition from local attorney Steve Snyder who was appealing a decision by Area Plan Commission Director Matt Sandy that a proposed use is ineligible to be forwarded to the Area Plan Commission under other use section 2.13.2 and Other Exceptions. In addition to the uses stated under exceptions in each district, any other similar uses which the Area Plan Commission may determine to be consistent with the objectives and purposes of the particular district may be permitted.
Snyder explained he wants the area plan commission to determine if a gutter and insulation business, located in a residential district, is an exception. Sandy explained as a commercial business it is not consistent with a residential district.
After both stating their case, Snyder stated the plan commission should make the decision if the petition fails under “other exceptions” so be it. He is just asking the petition be heard.
Harman said he was torn. On the one hand he felt Sandy should be supported, while on the other hand he feels the plan commission should make the decision after hearing arguments from both sides. Board member Randy Cox agreed, saying he can see both Sandy and Snyder’s side of the issue.
Harman moved the petition should go to the Area Plan Commission with the proviso that the BZA supports Sandy.
The board approved the following cases:
• A petition from Gregory Bird for an accessory building to remain while the residence and two other sheds are torn down. The home will be rebuilt within 3 years. The property is located in Tippecanoe Township.
• Two petitions from Joseph Toth for the construction of an oversized accessory building 5 feet from the road right of way. The board approved as long as Toth provides a revised site plan when he applies for a permit. He also plans to have a survey done on the property. The property is located in Tippecanoe Township.
• A petition from Ron and Mary England to replace a 16 foot by 24 foot garage 0 feet from the side property line and 3/4 of a foot from a rear property line. Mary England agreed to move the garage 4 feet closer to her house and 4 feet closer to the closer to the road. The property is located in Seward Township.
• A petition by David Farlow to permit the construction of a residence addition 10 feet by 18 feet from the right of way of the road. The Town of Silver Lake sent a letter saying it was not in opposition to the plan. The property is located in Lake Township.
The board denied the following cases:
• A petition from Lucas Britton for to allow four chickens and one turkey in a residential district. Britton lives in Walnut Hill which has restrictive covenants banning livestock and poultry. The BZA refused to overrule the restrictive covenants. Britton has 60 days to remove the chickens. The property is located in Wayne Township.
The board continued the following cases:
• A petition by Michael Wilson, who was requesting an exception to allow a 9 foot by 53 foot semi-trailer to remain as placed for storage in a residential district. The case is being continued do to lack of proper notice of the neighbors. The property is located in Wayne Township.
• A petition by Kosciusko County ABATE for the purpose of allowing the continuance of a commercial recreation. No one from ABATE attended the hearing.