The Kosciusko County Board of Zoning Appeals continued two cases to give petitioners and remonstrators a chance to work out their differences during its regular meeting Tuesday.
The first case the BZA continued was a petition from Paton Farms. The four-part petition asked for an exception for a change and alteration of a non-conforming campground and granted exception by allowing 12 new home sites, allow a 20-foot by 20-foot gazebo, allow a 66-foot by 160-foot boat storage building and 10 more home sites in an agricultural area. The property is in Plain Township on Lake Wawasee.
Robert Paton explained he’d like to put in another boat storage building due to increased demand for indoor boat storage. Regarding the 12 new home sites, six of the units are already in place and six more are planned. The gazebo will be on the lakefront of the campground, 35 feet away from the water’s edge in accordance with the ordinance. On a nearby point the 10 additional home spots will be located, as well as shore point storage.
Paton told the board arborvitae will be planted to provide screening from the residential and commercial properties. He noted the state allows 157 camp sites, he isn’t adding more, but widening the existing spots in the camp ground. The campground provides seasonal rentals from May 1 to Oct. 15. The parked units are smaller mobile homes.
Micheal Arnold and Jerry Johnson, who live in Old Mill Place, raised a number of concerns. Arnold, who recently built a house on a lot on the point where Paton wants to put 10 home sites, expressed concern for his property values. He also noted a similar plan was submitted to the BZA 14 years ago and was denied. He asked what changed. Matt Sandy, Area Plan director, said the incoming sewer over the existing septic was a big change in consideration.
Board member John Beer asked if Arnold was against all four parts of the petition or just the 10 home sites. Arnold said he had no issue with the other three parts, just the 10 home sites. Paton told the board park models will be on the home sites, these are classified by HUD as RVs but resemble tiny homes.
Lee Harman, board president, recommended continuing until next month to allow both sides to sit and talk about the issues. Later, both Paton and Arnold returned asking if there was anyway to approve the other three portions of the petition while they worked out the fourth part. Sandy said it would be best to approve the petition as a whole rather than in parts.
The second case involved Lisa Bender who petitioned for a variance to permit a housing addition and new foundation. The property is in Van Buren Township.
Sandy told the board the Area Plan office received a complaint about the property and work started with no permits or variances granted.
The contractor apologized, saying he called but was relayed to town of Syracuse where someone told him he didn’t need a permit. The contractor also spoke to the health department regarding well and septic issues. The health department recommended combining Bender’s lot with the one next door, removing the cabin on it and using the well next door.
Questions arose regarding the roof and drip line. Several neighbors remonstrated, stating when the house was auctioned off, it was announced the house could only be repaired, not added onto.
Other complaints were the runoff barrier is in the right-of-way of the road, which is very narrow. One neighbor said the barrier is forcing drivers to encroach onto his property.
After hearing the complaints, the board moved to continue the matter for 60 days to allow the contractor to remove the rocks immediately, pull the runoff barrier out of the right-of-way and onto the property and to come back with a plan as well as permits for water and sewer. Harman warned that even if the contractor does all of this, it is no guarantee the board will approve the variance.
The board approved the following petitions:
• A request for a variance from Stephen and Diann Johandes allowing a third residence on a single parcel. In this case a garage on a off-lake lot will be converted to have living quarters. The BZA moved to separate the two lots so the garage can be a stand alone residence when renovations are completed. The property is in Turkey Creek Township.
• A request for a variance from Eric and Rebecca Essig to construct a covered deck 20 feet from the water’s edge. The property is in Plain Township.
• A request from Timothy Sylvester for a variance to permit a lean-to to remain 3.6 feet from the east property line where 15 feet is required. The property is in Washington Township. The vote was 4-1 in favor of approval with Kevin McSherry voting no.
• A request from Michael Glunt for a variance to permit a residence addition to remain as constructed without permits or hearings 12.9 feet from the right-of-way and allow a deck to remain as constructed without permits. The property is in Washington Township. Glunt was instructed to get an after the fact permit for the deck. He was also reminded he will need permits when he constructs wheel chair ramps to his home.
• A request form Harvey and Gloria Chupp for the exception of allowing a home occupation, insulation and guttering business in a residential district. The property is in Turkey Creek Township.
• A request from Tim Wipert for a variance to allow a residence to remain as constructed. The property is in Tippecanoe Township. The board approved with no further encroachment. Wipert will need to apply for a new permit.
• A request from Mark and Cheryl High for a variance for the construction of a deck and open porch 12 feet from the right-of-way of the road. The board approved with the provision the Highs receive a letter of approval from their neighbor. The property is in Prairie Township.
• A request from Daniel Fahrner for a variance to permit the reconstruction of a residence with a second story using the existing foundation 4 inches from the side property line. The property is in Tippecanoe Township. The board approved with a deeded 5-foot easement from the neighbor to allow the property owner access to maintain that side of the house.
•A request from Ronald and Vicki Yoder for an exception allowing a home-based business, tree services/logging and in future firewood and nursery tree sales in an agricultural district. The property is in Wayne Township.
• Approved a request from KS & F properties for a variance to permit multiple uses on one tract of land in an existing building. The property is in Washington Township.