It got a little warm at the Kosciusko County Board of Zoning Appeals meeting Tuesday thanks to one petition involving an air conditioner.
A request for a variance to permit a deck to remain as placed along with an air conditioner to remain 6 feet, 2 inches from the east sideline and a generator to remain 3 feet, 10 inches from the east side line was the first and most lengthy of the hearings the board heard during its regular meeting Tuesday.
The board heard from local attorney Steve Snyder representing Eric Chupp, the contractor who worked on Martin Ziegler’s home, located in Marineland Gardens in Turkey Creek Township. Justin Yoder, owner of J.J. Handyman, was also present for the hearing.
Matt Sandy, area plan director, explained the issues are the deck was built without a permit and there is 23 feet from the deck to the water’s edge. Marineland Gardens has a home owners association which states decks are to be 25 feet from the water’s edge. County ordinance requires 35 feet. The air conditioner is 6 feet, 2 inches from the property line while the generator is 3 feet, 10 inches from the property line. The setback should be 10 feet.
Snyder explained Chupp didn’t realize the setbacks back in 2022. The Zeitlers wanted an elevated home so they could have a basement or large crawlspace for storage and as a storm shelter. They also selected brick that is no longer available. Chupp purchased all he could for the house and there is space behind the deck where the wall is not bricked.
Yoder told the board he was told the deck was part of the permit for the house and he built the deck to specifications outlined by the homeowner.
Sandy asked if a bump-out area of the deck could be cut back by 2 feet. Yoder said there is a lot of structure under the decking. He’ll have to dissemble a large portion of the deck.
Eric Smith, president of the Marineland Gardens home owner association, remonstrated, saying the neighbors on the side with the generator and air conditioner complained as they are near their bedrooms.
Smith told the board the HOA has a review committee so homeowners can run building plans by them. The property owner told the HOA it had permits from the county and didn’t need its approval on anything.
After more discussion, the board approved having the deck meet the 25 feet to the waterline restriction set by the HOA and repositioning the air conditioner and generator. The matter was continued to the BZA’s Oct. 8 meeting for review.
The BZA approved:
• A petition by Eric Dahlinger to allow a second residence to remain in a detached garage in an agricultural district. Dahlinger will put in restrictive covenants on the deed so the residence cannot be rented out, only used for overflow housing for family and friends. The property is in Seward Township.
• A petition for a variance to allow Yareli Paredes to keep an in-ground swimming pool 17 feet from the road right-of-way, a shed to remain 5 feet from the south property line and a 6-foot-tall privacy fence to remain. The property is in Wayne Township.
• A petition by Michael Gunkel for a variance to allow parcels to remain as configured with less than 50 feet of frontage on a public street. The property is in Tippecanoe Township.
• A petition by James Hatzer to raise the roof on an existing residence 1 foot, 1.6 feet from the west sideline, the construction of a 1-1/2 story garage 25 feet from the right-of-way of the road and the construction of a covered deck 5 feet from the west sideline. The property is in Plain Township.
• A petition from Eric Mast to permit new construction of a new residence 16.5 feet from the right-of-way of the road and 24 feet from the water’s edge. The property is in Turkey Creek Township.
• A petition from Timothy Moorehead to permit the placement of a storage structure under a deck 8 feet from the water’s edge and 4 feet from the west sideline; replace an existing; replace an existing deck 8 feet from the water’s edge, including a planter and construction of a patio 8 feet from the water’s edge. The property is in Turkey Creek Township.
The BZA denied:
• A petition by Grace Hershberger to allow a horse and a goat or pony on a residential tract of land in a residential district. The property is in Van Buren Township.