The Kosciusko County Area Plan Commission tabled a two-lot subdivision request for land near Little Chapman Lake during its meeting Wednesday.
APC Director Matt Sandy presented the commission with a preliminary plat for an Agricultural II subdivision on the east side of EMS C24 Lane, south of EMS C24C Lane, Warsaw. The property, located northwest of Little Chapman Lake, is owned by Brandon Wittkamper and his brother.
During a September APC meeting, several residents of Osborn Landing, a residential area to the north of the property, sent letters of remonstrance to deny the Wittkampers' request to rezone the land. Kosciusko County Commissioners approved the rezoning on Sept. 24, with self-imposed conditions including only having two residential lots on the property and having chickens as the only livestock.
Sandy also noted there was discussion at the commissioners' meeting about sewer for the property, which is currently not in a sewer district.
Attorney Steve Snyder, representing the Wittkampers, said he had a letter from the Tippecanoe Chapman Regional Sewer District stating the property is outside the district and cannot force compliance to the sewer system.
"Now obviously, if the Wittkampers go in and ask for a building permit, there's going to have to be some soil sampling done, and the (Kosciusko County) Health Department has to approve a permit for septic and a well," said Snyder. "As far as we know, that's going to happen based of our understanding of what soil conditions exist out there."
Snyder said the Wittkampers don't want to go through the process of expanding the sewer district to include their property.
"It's a pain and that takes time," said Snyder. "So we're simply asking this plat be approved so we can move forward."
Sandy said a representative with the Kosciusko County Soil and Water Conservation District found one of the lots had poor soil.
The commission moved to table the request for 30 days in order to allow both the technical board and health department an opportunity to review the property. Commission members requested soil samples be sent to the health department and a feasibility study be completed by the sewer district.
In other business, the commission discussed the vacation of a 10-foot-wide easement at a residential property on East Northshore Drive in Syracuse. The property is owned by David Granger.
During meetings in 2011, when the property was owned by a different entity, commissioners heard from multiple remonstrators who said they used the land in question as a public access site to Syracuse Lake.
At that time, a compromise was reached, with all involved parties negotiating a solution to vacate the west 15 feet of the 25-foot platted public way, leaving a 10-foot-wide strip on the east side of the platted public way from Northshore Drive to the water's edge.
Granger and Snyder, his legal counsel, both said the site in question was a very steep hill that was no longer used by anyone in the public as an access site to the lake. Granger said he maintains the easement and presented two letters from neighbors in support of the vacation.
The commission approved sending a favorable recommendation to the commissioners to vacate the easement. The commissioners will hear the matter at their Nov. 19 meeting.
APC also approved sending a recommendation to the commissioners for vacation of a portion of EMS B27 Lane, east of Big Barbee Lake in Pierceton. The request was made by John Camden, who owns property in the area.
The APC also approved a final plat for a residential area on the east side of Dewart Lake, north of Oswego. Donald Harder owns a 1.92-acre tract of ground on the south side of EMS D15 Lane, north of EMS D16C Lane.
Laura Kaufman, Harder's attorney, said language was added regarding maintenance.
At the end of the meeting, Sandy said the grace period to be in compliance with the county's cargo container ordinance ends Dec. 19.
The APC's next meeting is at 1 p.m. Dec. 4.